Agenda item

    To receive a report from the Chief Executive.

Cllr Nick Botterill, Cabinet Member for Finance, Development Management, and Strategic Planning, presented a report providing details on government announcements and changes to legislation in relation to nutrient neutrality, and proposals to update the council’s strategic approach to securing phosphorus neutral development in the catchment area of the River Avon (Hampshire) Special Area of Conservation.

It was explained that the special area of conservation encompassed nearly a third of Wiltshire. Government announcements in December 2023 required an update to the council’s approach. Funding would be provided for the council to commit to interventions that mitigate phosphorus impact from new development. The grant fund must be recharged and developer contributions via planning obligations are sought to do so.

Cllr Botterill stated in some cases developers would undertake their own mitigation, or there would be mitigation through a wider council scheme.

The Leader noted that agriculture and sewage treatment were much more significant in their impact on nutrient issues.

Cllr Jerry Kunkler, Chairman of the Environment Select Committee, stated he had received a briefing from officers on 7 December 2023, and endorsed the strategic approach set out in the report.

Cllr Gordon King accepted the need for the proposals, and that it would be a lengthy and complex process.

Cllr Richard Budden commented on grant schemes for septic tank upgrades, farmers monitoring river pollution across the Wylye Valley, and whether the funding provided could be used to support farmers outside the area of outstanding natural beauty. Cllr Botterill stated the funding provided could only be utilised specifically in relation to development mitigation.

Cllr Martin Smith made a comment on water quality monitoring in other areas such as in the catchment for the Bristol Avon.

At the conclusion of discussion, it was then,

Resolved:

That Cabinet:

a)    Confirms that the Council will, until such time as the responsibility falls to others, continue to deliver a Council-led strategic approach (as set out in (ii and iii)) to secure in perpetuity measures to ensure qualifying development is phosphorus neutral in the catchment for the River Avon (Hampshire) Special Area of Conservation;

b)   Agrees that developer contributions via planning obligations will be sought from developers wishing to use the Council-led scheme where mitigation is available;

c)    Agrees that in accordance with the requirements of the Habitats Regulations and case law the revised strategic approach applies to all housing and overnight accommodation (and other qualifying development) in the River Avon SAC catchment seeking outline, full, reserved matters and discharge of condition approval;

d)   Delegates authority for the Corporate Director of Place in consultation with the Cabinet Member for Finance, Development Management and Strategic Planning approval to:

           i.        Oversee delivery of this strategic approach including approving any policy/process documents needed to support implementation of the revised strategy;

          ii.        Accept the Local Nutrient Mitigation Fund grant as lead authority for the Hampshire Avon catchment;

        iii.        Spend of the Local Nutrient Mitigation Fund and delivery of nutrient interventions in line with grant conditions;

        iv.        Oversee and approve the preparation and public consultation of a Local Development Order (LDO) to replace septic tanks with package treatment plants.

Reason

To demonstrate the council’s commitment to the delivery of a revised strategic

solution to secure phosphorus neutral development.