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River pollution is forcing a moratorium on planning decisions for all new housing at local planning authorities in England which could lead to a 50-70% drop in new homes. The Environment Bill fails to address a growing crisis, writes Christine Murray
Even before footage of raw sewage leaking into rivers and the sea ignited public outrage, the polluted waterway crisis was clogging up planning, with tens of thousands of new homes put on hold over the past two years. In all, 32 English Local Planning Authorities (LPAs) have been identified as areas where nutrient neutrality is needed to maintain water quality and the problem is expected to grow.
The Environment Bill that’s working its way through parliament does little to tackle a growing problem for housing development in England: a lack of capacity in the sewage system, mismanaged private water companies and rising levels of nitrates and phosphates in rivers.
The degradation and accelerating decline of the natural environment is making it impossible to build homes – and raising questions about whether the British countryside is a healthy place to live.
Private water companies are discharging sewage into overflow pipes which also handle storm water. According to the Environment Agency, water companies dumped 3.1m hours of untreated sewage into English water bodies last year – an increase of 37% year-on-year.
MPs voted down a crucial House of Lord’s amendment that would have forced private water companies to stop routinely discharging raw sewage and guarantee infrastructure improvements.
Conservative MPs have argued that costs incurred by banning sewage spills would be too great, as they would require an overhaul of the entire Victorian sewage system, while critics point out that private water companies have paid out £57bn in dividends from 1991 to 2019 rather than invest in critical infrastructure.
Public outcry has forced a U-turn amendment from Downing Street which will require water companies to monitor sewage discharges and develop a progressive reduction plan. But the Environment Bill falls short of tackling the core issue: filthy water.
10% of LPAs in England could be affected, causing a 50-70% drop in volume of new homes delivered
Already 10 local planning authorities (LPAs) in England have issued planning moratoriums since 2019 due to polluted rivers after receiving advice from Natural England.
Planning moratoriums have hit Herefordshire Council in the catchments of the River Wye and River Lugg (2019), the Solent region (2019), Kent in the Stour Valley catchment (July 2020), South Somerset District, Sedgemoor District, Mendip District, Somerset West and Taunton Councils’ Somerset Levels and Moors (August 2020), and Cornwall Council’s River Camel (April 2021).
Research by Savills has suggested 10% of LPAs in England have been affected, which will cause a 50-70% drop in volume of new homes delivered. The report states:
If the level of disruption to the planning system seen over the last three years in the Solent is replicated in the LPAs shown in the map above where nutrient neutrality is an emerging issue, the total number of homes gaining permission annually would fall by around 11,000. While this is a relatively small amount in the national context, it would amount to a 60% fall in permissions in the 20 affected LPAs. This would severely restrict the consented land pipeline in these locations. It also does not account for the potential impact on land supply if high levels of nutrients are found in other protected bodies of water.
With rivers already polluted to illegal levels of nitrates and phosphates, the guidance issued to the affected LPAs from Natural England includes a pause on all planning applications that include overnight accommodation, including those under permitted development, unless “nutrient neutrality” – no effect on the river – can be proven.
The pollution is caused by sewage discharge and the agricultural run-off of fertiliser and livestock effluent, such as the chicken farms along the Wye. As George Monbiot writes in The Guardian, “Once a certain number of chicken, dairy or pig units have been built in a catchment, rivercide is inevitable.” His film Rivercide explores the causes of pollution in the Wye.
But the same could be said of ‘urban creep’, when land is paved or built on and more homes plug into the sewers – an issue that exacerbates flooding, which then worsens sewage overflows.
High levels of nitrates and phosphates encourage algal blooms that can kill a river by starving its aquatic species of oxygen, also known as eutrophication.
“Whilst it is acknowledged that much of this load comes from intensive agriculture (e.g. fertilisers), Natural England raised fresh concerns that the final effluent from sewage treatment works was also likely to add to this load,” says James Mortimer, Land Regeneration and Sustainable Living Specialist at Yellow Sub Geo Ltd.
“The nutrient issue is new and both Natural England and Natural Resources Wales have issued guidance to affected LPAs stating that planning can’t be granted unless the development is neutral in terms of downstream output from the sewage works – nitrate in seawater and phosphate in fresh water,” says Mortimer.
“This has left LPAs in limbo to work out on their own how to implement this – which means that every affected LPA does it differently and are all paying for calculators with some accepting s106 contributions and some not.”
There is only so much nitrate trading and offsetting that can take place, suggesting there will be a natural cap on development
Some LPAs have created offsite mitigation schemes funded by developers, taking agricultural land out of intense farming to offset nitrogen inputs. Others collect financial contributions, with future offset in mind.
In the Solent area, the government set up a nitrate trading auction platform for South-East Hampshire which allows developers buy credits. If successful, the pilot nitrate trading programme could go national.
But there is only so much trading and offsetting that can take place, which suggests there will be a natural cap on development.
All of these approaches are based on nutrient neutrality – ie. not making the situation worse – with a view to get the planning system back up and running.
That’s where industry insiders say the Environment Bill falls short. The Bill does not commit to an improvement in river water quality, nor does it climate-proof the current sewage system. It offers neither prevention nor cure, making further planning moratoriums inevitable.
Along with commitments to upgrade the current sewage system, the Environment Bill could have brought in mandatory Sustainable Urban Drainage Systems (SUDS) on development sites, such as swales, to absorb and clean rainwater run-off; SUDS are currently non-statutory technical guidance. The Environment Bill only promises a review to consider the SUDS requirement.
Indeed, the Environment Bill failure to set targets undermines its most ambitious policy – biodiversity net gain. Under the bill, developers will be expected to measure biodiversity before and after development and improve biodiversity on site by 10%. But there is no biodiversity in, or around, a dead river. The Environment Bill also fails to set targets for soil quality and does not meet WHO air quality guidelines. As one government insider stated, "What’s 10% net gain on zero biodiversity? Exactly."
Even the Prime Minister’s own ambition to “Build Back Beaver” is under threat, as expressed in his plug for rewilding in his conference speech. The first wild beaver colony to live on an English river for 400 years is facing an influx of raw sewage from the Honiton treatment works in Devon, responsible for dumping 2,442 hours of raw sewage into the river last year.
The Environment Bill’s failure to set targets undermines its most ambitious policy – biodiversity net gain. "What’s 10% net gain on zero biodiversity? Exactly"
Brexit is not, as once promised, resulting in higher environmental standards. On 7 September, the government announced that it would allow businesses to pollute rivers and the sea in response to a shortage of water treatment chemicals caused by Brexit and the HGV driver shortage. The Environment Agency said companies could “discharge effluent without meeting the conditions” of their permits, with the pass lasting until 2022, with the possibility of an extension.
Meanwhile, Environment Agency chief of staff John Leyland warned Britons not to swim in any English rivers. Surfers have reported experiencing severe gastroenteritis due to poor water quality off the Cornish coast. British waters have also been reported to contain worrying levels of antibiotic-resistant bacteria. In early October, thousands of residents in Sussex and Kent were advised to boil their tap water after E. coli was found. Serious incidents of water pollution logged with the Environment Agency are up 23% year-on-year to March 2021.
The Environment Bill is still making its way through parliament. In response to the strength of feeling around water pollution, the House of Lords is still pushing for amendments that would sufficiently tackle water pollution, as well as greater powers for an independent green watchdog.
Should it fail to protect and restore the waters of this once green and pleasant land, more planning hold-ups are certain to follow as English waters grow toxic for humans and beavers alike.
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