annually) would need to be paid to the local authority along with a legal administration fee.
Factor in potential delays and additional costs into a development programme. Where contracts are conditional on planning consider extending any long-stop dates. Consider acquiring more land that cannot be developed from the seller (or local third party) to account for on-site mitigation.
A pilot online auction platform was launched by the government in 2020 enabling developers to bid and purchase credits to mitigate nitrogen loading onto protected sites. If successful, this could be rolled out nationally. Finally, it is also paramount that finance terms are properly considered so that loan terms aren’t unduly onerous or fail to tackle the issues which might arise because of a failed assessment, for example. Suggestions and recommendations Until clear guidance is provided as to the correct approach in dealing with nutrient neutrality, the following should be considered by developers: Due diligence must be undertaken prior to acquisition of a site or during any preplanning investigations by checking whether a scheme is within the catchment area of a protected site. A site with the benefit of an outline planning consent may not be implementable unless a nutrient mitigation strategy is agreed with the local authority. Engage with water quality technical specialists and ecologists who are familiar with wastewater treatment and the effects of nutrient on the local environment respectively, and consider the cost of implementing any subsequent proposals. If a development site is within a protected area, use a nitrogen budget calculator to determine any excess nitrogen that would need to be removed and liaise with a specialist to determine how best to implement any mitigation strategy. Find out where wastewater from the site will drain to, particularly if the site is located on the edge of a catchment area as it is possible that the wastewater drains to water treatment works outside of the catchment.
Loan terms should be properly considered to deal with potential delays.
Conclusion The reduction in environmental pollution is on the government’s green agenda and the emergence of ‘nutrient neutrality’ did not come as a surprise. Developers are having to adapt their schemes, taking into consideration that the likely environmental impact of their developments will lead to delays and increased costs. It is thought that more and more local authorities will be added to Natural England’s list thereby affecting many more future projects. Therefore, developers should ensure they plan ahead and work with local authorities, water companies and government agencies to achieve cost-effective, sustainable solutions.
Please contact Huseyin Huseyin for any of the issues in this article.
Click to connect with Huseyin on LinkedIn
huseyin.huseyin@haroldbenjamin.com
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