From March 2020, Natural England began issuing advice to a number of Local Planning Authorities (LPA) about a European Court of Justice ruling in the landmark ‘Dutch N’ case. The guidance requires new developments which increase occupation of a site to be ‘nutrient neutral’.
This means that new developments must not increase the level of nutrients, and in particular phosphates, to specific internationally protected areas called RAMSARs. As RAMSARs are designated wetlands, they receive nutrients from streams and rivers that flow to them. It is these river catchments which define the areas in which development is subject to the new planning restrictions.
If a development will increase nutrient levels, for example by adding housing or other overnight accommodation, it must have a way of reducing the same amount of nutrients from somewhere else in the catchment. Only by demonstrating this ‘nutrient neutrality’ can developments receive planning approval.
