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Agenda item

Position Statement on Nutrient Neutral Development

Minutes:

Councillor Pike presented a report and recommendations seeking approval for a Position Statement which addressed the implications of case law on the Borough’s development strategies, the Habitats Regulations Assessments of planning applications and the proposed approach to mitigation.  A supplementary paper, setting out proposed amendments to the Position Statement at Appendix A to the report was circulated at the meeting and is published on the Council’s website alongside these minutes.

 

Councillor Pike outlined the most recent advice from Natural England and the potentially significant implications for affordable housing delivery and the Council’s 5-year land supply.  Through the Partnership for Urban South Hampshire (PUSH) officers and members were working with neighbouring authorities to agree a way forward.  In the meantime, the proposals set out in the report would provide an interim solution to allow planning permissions to be granted.

 

The Chairman then invited Mr Daniel Ramirez to make a deputation to Cabinet on behalf of the South Coast Development Consortium.  This deputation is published on the Council’s website alongside these minutes.

 

Councillor Dianne Lloyd was invited to address the Cabinet as Chairman of the Operations and Place Shaping Scrutiny Board.  Whilst recognising the need to move forward urgently, Councillor Lloyd sought an assurance that the Scrutiny Board would be given an opportunity to review any proposed Implementation Plan prior to publication.

 

RESOLVED that

 

a)         the Council’s responsibilities under the Habitats Regulations[1], particularly in light of recent case law be noted;

b)         representations continue to be made through the Council Leader to the Government’s Ministry of Housing, Communities and Local Government (MHCLG) together with the Department for the Environment, Food and Rural Affairs (DEFRA), relevant Government agencies (including Natural England) and other bodies to provide an efficient, central solution to the need to ensure nutrient neutral development takes place;

c)         collaborative work with neighbouring authorities to continue, including through the Partnership for Urban South Hampshire (PUSH), relevant Government agencies (including Natural England) and other relevant bodies to ensure nutrient neutral development takes place;

d)         the Position statement on nutrient Neutral development (Appendix 1), amended as set out in the supplementary information, be approved;
authority be delegated to the Planning Policy Manager[2], in consultation with the Cabinet Lead for Planning, Regeneration and Communities2, to prepare and publish a Nutrient Neutrality Implementation Plan which will specify the detail of the proposed short term water quality mitigation solutions and the costs for new development;

e)         authority be delegated to the Planning Policy Manager2, in consultation with the Cabinet Lead for Planning, Regeneration and Communities2, to make any necessary amendments to the Position Statement on Nutrient Neutral Development and Nutrient Neutrality Implementation Plan prior to or after publication. These shall include any necessary factual updates, corrections of minor errors, typographical errors. These shall also include any necessary changes to reflect emerging best practice, standing advice, policy or case law and;

f)          The Operations and Placemaking Scrutiny Board be invited to consider any Implementation Plan on nutrient neutral development prior to publication.

 

 

 



[1] References to ‘the Habitats Regulations’ or ‘The Regulations’ in this report should be read as referring to the Conservation of Habitats and Species Regulations (2017 as amended), available at www.legislation.gov.uk/uksi/2017/1012/contents/made.

[2] Or successor in similar or equivalent role

Supporting documents: