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Update on  Nutrient Neutrality

18th October 2022
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H&H Land & Estates Offer Advice Regarding  Nutrient Neutrality  in Cumbria

Earlier this morning H&H Land & Estates received confirmation from Eden District Council (EDC)  that the requirement for all relevant planning applications to be ‘nutrient neutral’ not only still remained, but that now specific attention was being directed to development that would lead to an increase in livestock. Although this update is received from EDC, we anticipate that other Local Authorities will take the same view.

In accordance with the Conservation of Habitats and Species Regulations 2017 (as amended), Natural England has required, since March of this year, that all new development in Cumbria involving residential and tourist accommodation within the catchment areas of the River Eden SAC, the Derwent and Bassenthwaite Lake SAC, and the River Kent SAC needed to be phosphorous neutral, i.e. designed such that phosphorus from all surface water runoff and wastewater generated by the development is less than or equal to that generated by the existing land use.

In particular, the regulations affect:

  • Agricultural development involving increases in livestock.
  • New overnight accommodation: this will include new dwellings, camping, glamping, or caravan pitches that are served by on-site facilities, and new hotel bedroom accommodation.
  • New tourism development: this is classified as anything that is likely to increase the number of visitors during the day to a premises.

Tracey Jackson, Associate & Chartered Surveyor commented “When considering new schemes clients need to be aware and take account of the requirement for  any relevant planning application  to be accompanied by appropriate assessments and reports.”

Commenting on the planning process, Angus Hutchinson, Planning Consultant at H&H Land & Estates went on to say , “In particular, applications  will now be required to be accompanied by  Nutrient Neutrality Mitigation and Assessment reports  in order for their planning application to be considered. This is a very detailed and in-depth process, and applications are already facing delays, so I would advise anyone who is considering planning permissions in the affected areas to consult with an agent/advisor who can help them decide the best strategy to adopt  and help them through the application process.”

At H&H Land & Estates, leading land and property specialists in the north of England and the Borders, they have a dedicated and knowledgeable team who are available to help. For more information about the regulations please contact, Angus Hutchinson, Planning Consultant at H&H Land & Estates on 01228 406260 or at [email protected], or Will Livesey, Environmental and Woodland Advisor, at H&H Land & Estates on 01539 721375 or at [email protected]

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