Nutrient neutrality

A letter from Natural England was issued to authorities whose areas contain habitat sites that are in an unfavourable conservation status, where additional nutrient loads, such as from development, may have an adverse effect. This advice states that planning applications and plans affecting such habitats should be carefully considered and mitigation provided to ensure there are no adverse effects and to meet the requirements of the Conservation of Species and Habitats Regulations 2017 (as amended).

Within the Anglian Water area of operation this includes developments within the Norfolk local authority areas.

We are working closely with our colleagues and peers in the industry, our Regulators and Natural England and will provide further updates and guidance in due course.

We've put together some information below.

Our Approach

Enabling sustainable economic and housing growth is a top priority, alongside working with others to achieve significant improvement in ecological quality across our catchments.
We continue to control our impact on watercourses by treating final effluent to a high standard in line with increasingly stringent consents. Where population and economic growth leads to additional biological loading, we expand or optimise our treatment processes to cope with this. Investments will be prioritised at sites where it will provide greatest benefit in terms of mitigating risk of compliance failure.

To meet these priorities each of our water recycling centres (WRC) have environmental permits which regulates how they are managed and the quality of the flow that enters the receiving water courses. Our WRCs are designed to reflect population increase and we therefore monitor growth, and the impact of growth, very closely.

The nutrient reduction targets that impact the capacity and operation of WRCs are set by Natural England and the Environment Agency and inform our Asset Management Plan (AMP). We are currently within AMP7 which runs from 2020 to 2025. Nutrient Neutrality required for development sites is independent of this process.

Support for impacted development

Natural England have set out the methodology for assessing the approach to nutrient neutrality. As the competent authority, the local planning authorities across Norfolk and Natural England will determine what nutrient neutrality is, which nutrients it applies to (e.g. phosphorus and/or nitrogen) and how this should be calculated and demonstrated. Developers are then required to demonstrate to the local planning authority and Natural England, as part of the planning process, that their development satisfies these requirements.

We will work closely with these competent authorities to provide the necessary data and to align our approach to inform development decisions.

Anglian Water has no direct influence over these requirements and will accept flows from new developments once the local planning authority and Natural England are satisfied that the relevant tests have been achieved, planning permission is granted by the LPA and has been lawfully implemented by the developer.

Frequently Asked Questions

Can we build a new Water re-cycling Centre (WRC) and discharge final effluent to the public foul sewer?

Our view is that the provision of an on-site WRC with a discharge of final effluent to the public foul sewer is unlikely to meet the requirements of an assessment by Natural England. The reason for this view is that regardless of the phosphorus (P) removal achieved by the on-site WRC the concentration of P discharged to the receiving watercourse will ultimately be controlled by the existing WRC serving the catchment. The critical factor is not the concentration of P leaving the site but the concentration of P discharging to the environment and the AW WRC will not completely remove the P.

Can we build a new WRC and discharge the final effluent to the environment?

It would be for the Local Planning Authority and Natural England to decide whether this approach achieves nutrient neutrality. A Permit for the discharge would be required from the Environment Agency.

Would AW adopt a new WRC constructed to mitigate for NN?

Anglian Water would not wish to adopt a WRC that is constructed solely to provide mitigation for Nutrient Neutrality. We do not consider the provision of an on-site WRC (and potentially many others) in a catchment that is already served by one to be a sustainable and efficient way of providing sewerage for new development. We are legally obliged to maintain the public sewerage network in an efficient and cost-effective manner and the proliferation of numerous small WRC, would detrimentally impact our ability to achieve this.

If we are situated in the NN area, can we connect to a network which discharges flows to a WRC which is outside of the NN area?

It is unlikely that we would support this approach, however, we would consider each request on its merits and make a decision on a site by site basis.

Can we provide mitigation in the form of a wetland located within a water body downstream of the WRC?

Anglian Water would not be involved directly with the delivery of a wetland for nutrient neutrality purposes and it would be for the Local Planning Authority and Natural England to decide whether this approach provides suitable mitigation for Nutrient Neutrality.

Would AW adopt a new wetland constructed to mitigate for NN?

No. The developer would need to approach the appropriate body to adopt the wetland. E.g. The Rivers Trust.

Doesn’t the AW WRC provide the mitigation required for NN?

No. The onus is on the individual developer to provide mitigation for their development. The receiving WRC will treat Phosphorus to the level specified in the permit; but will not remove it completely. There is a new duty being placed on Water Companies to upgrade all WRC situated in nutrient sensitive areas to the ‘highest technically achievable limits’, but the deadline for this to be achieved is 2030.

Can we contribute to strategic solutions to provide the required mitigation for our development?

No not with Anglian Water. The Local Planning Authority are leading on potential strategic solutions, so we advise you to liaise with them.

The Government has also announced a Nutrient Mitigation Scheme under Natural England which will front load the investment in mitigation projects including the creation of woodlands and wetlands. Under the mitigation scheme developers would purchase ‘nutrient credits’ to discharge requirements to provide mitigation.

Some of your WRC do not have a P limit in the permit. Are we still required to mitigate if this is the case?

Yes. The onus is on the individual developer to provide mitigation for their development. If the site is within the Nutrient Neutrality area, there is a requirement to achieve nutrient neutrality regardless of the Anglian Water WRC permit requirements.

Are there any other areas that this could be applied to?

The advice is provided by Natural England so please refer this question to them.

Will this have an impact on my pre-planning advice?

No.

Further Advice

If you have any further question please contact our team at: planningliason@anglianwater.co.uk

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