Decision details

To approve the following:
1) The spend of the £9.8m Local Nutrient Mitigation Fund grant for the delivery programmes in respect of the River Avon Special Area of Conservation; and
2) To award contracts to the two proposed contractors (Libra Utility Services Ltd and Willow Pumps Limited) in respect of the householder septic tank upgrades in
accordance with the National Framework Partnership.

This Record of Officer Decision seeks approval for the spend breakdown below to allow the projects to be progressed and for the contractors (Libra Utility Services Ltd and Willow Pumps Limited) for the Household Sewage Upgrades to be appointed.

One way of improving the water quality of the River Avon Special Area of Conservation (SAC) is to replace householder’s poorly operating domestic sewage systems (septic tanks) with more efficient package treatment plants. This Household Sewage Upgrade scheme reduces the level of phosphorus entering the river helping to protect the important wildlife in the river. It is a mitigation approach, approved by Natural England, to allow new development in the River Avon SAC catchment to achieve nutrient neutrality. Wiltshire Council has appointed Wessex Rivers Trust to undertake a communication campaign in the catchment to provide details of the scheme to householders. Householders can then register their interest with the Council if they would like their sewage system to be upgraded.

By way of background, the Government’s announcement in December 2023 confirmed that the Council has been awarded, as lead authority for the Hampshire Avon catchment, up to £9.8m for capital projects via the Local Nutrient Mitigation Fund to help pump-prime nutrient neutrality interventions in the catchment.

The grant has been awarded on behalf of all the local authorities in the Hampshire Avon catchment – New Forest District Council, New Forest National Park Authority, Dorset Council, Bournemouth Christchurch and Poole Council, and Test Valley Borough Council– and will be used to deliver projects in all those areas. It will be used to pump prime the supply of mitigation projects in the catchments to deliver the nutrient neutrality strategy agreed by cabinet on 6 February 2024.

In February 2024, Cabinet delegated authority for the Corporate Director of Place in consultation with the Cabinet Member for Finance, Development Management and Strategic Planning approval to accept the Local Nutrient Mitigation Fund grant as lead authority for the Hampshire Avon catchment and spend of the Local Nutrient Mitigation Fund and delivery of nutrient interventions in line with grant conditions. This Record of Officer Decision sets out the spend profile for the delivery programmes.

The grant has now been received and the Council has committed to enabling a delivery programme providing mitigation solutions to deliver sustainable development in all parts of the catchment. The programme includes Council-owned sewage upgrades, householder sewage upgrades and first-time sewerage, wetlands, woodland planting and water efficiency measures. However, it is proposed that work on delivering water efficiency measures is paused until further evidence is available of its efficacy and viability as a mitigation measure.

So far, £6.8m has been allocated to projects in a spend breakdown across 4 delivery programmes. It is recommended that the remaining £3m is allocated to a reserve fund to enable the Council to explore land purchase to enable mitigation projects that can deliver multiple benefits:

I. Council sewage upgrades - £1,800,000
II. Household sewage upgrades - £4,700,000
III. Woodland planting opportunities - £150,000
IV. Wetland opportunities - £150,000
V. Reserve fund for land purchase - £3m.

In accepting the grant, we have committed to a delivery programme of projects that can unlock a minimum of 682 houses on the short term and 1,393 on the medium term. The funding will be recycled to unlock a further 8,000 homes on the longer term, assuming private market solutions will provide options for 50% of the market. The above spend profile ensures that these targets can be met in the most cost-effective manner.

This breakdown is based on the pipeline of the projects coming forward for these programmes and this detail is included in Appendix 1. The individual projects may be subject to change as the programme moves to implementation. For example, following contractor site visits, householders may decide not to replace their septic tank and therefore the number in the different sub-catchments may change. Similarly, landowners may choose not to progress with wetland projects and alternative options will need to be found. Therefore, whilst the spend profile for each programme is fixed, the exact projects may be subject to change.

The £9.8m fund will be recharged with developer contributions allowing the budgets for these delivery programmes to be extended in the future.
Input from the procurement and legal team is being sought for all projects to ensure compliance with legislation and best value for money.

I confirm that in making this decision I have considered the following in line with Wiltshire Council’s Constitution: (Please insert ‘Yes’/ ‘No’ / ‘Not Applicable’ and any other comments necessary to evidence the issue identified has been addressed)

Key decision requirements - Yes

Views of relevant cabinet member(s), committee chairman, area board(s) - Yes, in consultation with Cllr Nick Botterill as Cabinet Member for Finance, Development Management and Strategic Planning.

Consultation with cabinet member(s), the Leader and Scrutiny (for Executive decisions taken under Emergency Powers) - No

Consultation with the Chief Executive OR Corporate Director where appropriate - Yes

Consultation with local members (as appropriate) - No

Consideration of the area boards and delegated decision checklist for officers on the issue of when and how to involve local councillors and area boards in decisions about local services - No

Implication of any council policy, initiative, strategy or procedure -Yes

Consultation in accordance with requirements and expectations of consultation with the public - Yes

Range of options available - Yes, the most cost effective projects are proposed

Staffing, financial and legal implications Yes – revenue grant also received

Evidence of due regard having been given to the Public Sector Equality Duty - Yes

Risk assessment -Yes, procurement and legal involved with project delivery

Involvement of statutory officers and/or directors - Yes

Regional or national guidance from other bodies - Yes, Natural England and Environment Agency consulted

The council's constitution - Yes

Contract is suitable for execution under the e-signature process

The spend profile and project list for the nutrient grant is based on best available evidence and information for delivering nutrient interventions at pace. Other delivery programmes e.g., water efficiency measures are less viable and have therefore not been taken forward.