Nutrient Management Plans for Natura 2000 SitesBalancing the requirement for nutrient pollution control with the need for new development

Dr Steve MustowDirector – Head of Environmental Planning, WYG18 July 2018

1

Outline

• Background to NMPs for Natura 2000 Sites

• Overview of NMPs for

– Hampshire Avon

– River Wye

– River Clun

– River Mease

– Poole Harbour

• How new development is addressedin these NMPs

• Conclusions

2

NMP

Legislative Background to NMPs for Natura 2000 Sites

Primary driver

To provide evidence for Habitats Regulations Assessment (HRA)

Secondary driver

To provide the evidence to underpin a strategy to achieve the wider Habitats / Birds Directives & WFD targets

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Further Background to NMPs for Natura2000 Sites

• Improvement Programme for England’s Natura 2000 Sites (IPENS) has developed a Site Improvement Plan (SIP) covering each Natura 2000 site

• An Integrated NMP is recorded in eight SIPs

• NMP provides a mechanism for tackling water pollution where excessive nitrogen and / or phosphorus loading requires a combined approach that addresses diffuse sources AND point discharges

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Natura 2000 Sites Where Water Pollution is an Issue

Source: Improvement Programme for England’s Natura 2000 Sites (IPENS) Planning for the future. Programme Report – a summary of the programme findings, Natural England, 2015

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River Avon SAC NMP for Phosphorus

Date of publication 2015

Natura 2000 Site(s) River Avon SAC (Avon Valley SPA)

Nutrients of concern Phosphorus

Key Issues Phosphorus preventing favourable conservation status being achieved

across the catchment

Key measures

proposed

Point sources:

• Further action on point sources to be considered during the next

round of the periodic review of the water industry in 2019

• Measures relating to fish farms and cress farms

Diffuse sources:

• Range of agri-environmental measures

River Avon Special Area of Conservation Nutrient Management Plan for Phosphorus

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River Wye SAC NMP

Date of publication 2014

Natura 2000 Site(s) River Wye SAC

Nutrients of concern Phosphorus

Key Issues Reaches where the levels of phosphate exceed the target level in the

conservation objectives

Key measures

proposed

Point sources:

• Develop a suite of schemes for submission to AMP7

• Investigate effects of preventing infiltration to the sewer network

• Retrofit SuDS feasibility study

Diffuse sources: Range of measures, e.g.

• Promote the development of integrated soil, water and nutrient

management plans for farms

• Encourage the use of winter storage reservoirs within the horticultural

sector

River Wye SAC Nutrient Management Plan Evidence Base and Options Appraisal. Environment Agency & Natural England. 14th May 2014.

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River Clun SAC NMP

Date of publication 2014

Natura 2000 Site(s) River Clun SAC

Nutrients of concern Phosphorus, Nitrogen (and Sediment)

Key Issues SAC is designated for freshwater pearl mussel. However, surveys since 1995

have shown that the population is non-functioning

Key measures

proposed

Point sources:

• 75% reduction of catchment phosphate loads from STW effluent

Diffuse sources:

• Reversion to semi natural vegetation in half of the Clun catchment to

meet the long term phosphate target of 0.01mg/l

• Key agri-environmental measures identified through use of FARMSCOPER

(a large compliance gap is still predicted for nitrogen even after

implementation of these measures)

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River Mease SAC NMP

Date of publication 2011

Natura 2000 Site(s) River Mease SAC

Nutrients of concern Phosphorus

Key Issues Excessive levels of phosphate preventing the achievement of favourable

condition

Key measures

proposed

Point sources:

• Delivery of AMP phosphate removal schemes and where appropriate use

new technologies for P removal

• Promotion of capital schemes to reduce phosphate from CSOs in the

catchment

Diffuse sources: Range of measures, e.g.

• Sewer misconnections rectified

• Monitoring and research to identify other measures

River Mease SAC Water Quality (Phosphate) Management Plan

Document Ref: MWQ(P)MP Version: 1.0

Author: Environment Agency, Natural England Date: 27th June 2011

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Poole Harbour SPA NMP & SPD

Date of

publication

2013 (NMP), 2017 (SPD)

Natura 2000

Site(s)

Poole Harbour SPA

Nutrients of

concern

Nitrogen

Key Issues Increasing nitrogen levels from sewage and

agriculture contributing to the growth of algal mats

in the harbour.

Key measures

proposed

Point sources:

• New development not resulting in a net

increase in nitrogen input/load

• New development must provide mitigation for

the additional 25% of the N entering Poole

Harbour from new development that Wessex

Water is not required to remove

• Improve / introduce nitrogen stripping at STWs

Diffuse sources:

• Produce an implementation plan to meet

nitrogen reduction targets for different rural

land uses

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How New Development is Addressed in the NMPs

NMP Restrictions on Development Process to Facilitate Development

Avon NMP allowed development within existing

headroom of STWs. EA/NE now advise that

development must be phosphate neutral as

targets in NMP unlikely to be met by 2021.

Post 2025 assumed that upgraded STWs

will remove additional P. Joint MoU

provides for interim mitigation which will

be funded primarily through Community

Infrastructure Levy (CIL).

Wye NMP states that taking planned measures into

account, new development within existing

water discharge permits can take place.

Apparently no specific process. The NMP

Board is co-ordinating NMP actions.

Clun NMP states that there is little or no

environmental capacity within the river to

accept additional phosphate without other

actions for phosphate management.

Apparently no specific process. The NMP

Board is co-ordinating NMP actions.

Mease New development can only take place if it

contributes to the Developer Contribution

Scheme (DCS) so as to be phosphate neutral.

Laid out in ‘River Mease Water Quality

Management Plan: Developer

Contributions Scheme DCS’.

Poole

Harbour

New development can only take place if it

mitigates 25% of the additional nitrogen it

produces.

SPD lays out process for councils to secure

mitigation from CIL and Section 106

agreements.

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River Mease Process for Developers

DCS contributions from residential development coming forward in the first development window calculated as follows:

Size of

dwelling

DCS contribution (£)

Non-sustainable

home

Sustainable home

(level 3/4)

1 bed 126 98

2 bed 186 145

3 bed 250 195

4 bed+ 350 272

Contributions from non residential development calculated as follows:

Contribution (£) = P load to river (mg/day) x 0.8

River Mease (from River Mease SSSI/SAC Restoration Plan)

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Poole Harbour Process for Developers

SPD provides example calculations of nitrate loads for

different development types and mitigation options.

The developer has up to four choices for the Section

106 agreement, including to:

• provide alternative technologies to remove the remaining nitrogen

• increase the size of Suitable Alternative Natural Greenspaces (SANGs) on agricultural land

• agree with the council a change to the management of agricultural land in the wider landholding in perpetuity

• purchase agricultural land elsewhere within the catchment and use it for mitigation

Algal mats in Poole Harbour (from SPD)

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River Avon Process for Developers

• In the MoU LPAs commit to a precautionary approach and to put in place measures to remove, mitigate or offset the phosphate load from qualifying developments.

Hampshire Avon (from EA Catchment Data Explorer site)

• The measures operate within the legal and policy framework of the planning system, such as governing the use of planning conditions, CIL and s106 obligations.

• An Annex to the NMP will be published providing detail on the mitigation measures and monitoring arrangements.

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Conclusions

• Nutrient management is important for protecting sensitive European sites

• Potentially complex / unclear situation for developers

• This could limit development of new housing and commercial development, with significant economic and social impact

• Upgrading STWs is often the most effective measure, but this relies on the AMP process and developers cannot contribute to it

• NMPs and related documents should be regularly updated with clear procedures for development

• The Poole Harbour SPD is a good example as it:

– provides a standard method to calculate nutrient discharges

– a suite of options for mitigation

– a split between the developer’s and sewerage company’s responsibilities

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