Christian Silk’s Post

🌿 Read Our Latest Article on Nutrient Neutrality 🌿 Developers, stay ahead of latest developments in nutrient neutrality by reading our latest article, "Law Clarified, but the Practical Problem of Nutrient Neutrality Remains," which delves into the recent Court of Appel decision. 🔍 Key Takeaway: Habitat Regulation Assessment may be required at any stage of the planning process, including the discharge of conditions. 📖 Read the full article here: https://lnkd.in/eE4e_giZ #NutrientNeutrality #Planning #Development

The issue of nutrient neutrality continues to hold up many developments and make others unviable. Hopefully you will find this article helpful in understanding the key issues and solutions that are available #residentialdevelopment #nutrientneutrality -#development

For both nutrient neutrality and biodiversity net gain, local planning authority and Natural England resources are not sufficient to meet demand... I spoke to ffinlo Costain about how The Labour Party can start to make Nutrient Neutrality work. Link in the comments

Carbon neutrality claims in China🇨🇳 are under scrutiny due to concerns over #greenwashing and reliance on carbon offsets, prompting new national standards for carbon footprint accounting and #labelling by 2025. The EU🇪🇺, however, has already banned offset-based neutrality claims, leading to stricter requirements for environmental labels and creating uncertainty in voluntary carbon markets. 👉https://buff.ly/4fyVBOz

WATER NEUTRALITY In Ward v SoS, the Court dealt with a dismissed appeal concerning water neutrality. Water neutrality is defined as: 'The use of water in the supply area before the development is the same or lower after the development is in place'. It is not the same as nutrient neutrality. The development related to one residential unit and stable block. A planning application was submitted over 6 years ago (17 July 2018). The appeal was made on 19 May 2019. But, owing to delays and Covid and the inspectorate taking over a year to issue the appeal decision, the appeal decision was not issued until 30 May 2023 (ie. the appeal took 4 years, which in itself is somewhat ridiculous). After the appeal was lodged, in 2021, Natural England issued a position statement within the Sussex North Water Supply Zone, which essentially required all development within this zone to be water neutral, pursuant to regulation 63 of the Conservation of Habitats and Species Regulations 2017. The Claimant and his son had moved onto the Site (absent planning permission) in 2020 as the appeal was underway. The Claimant's case was that, as they were present on Site prior to Natural England's advice, it followed that they were not increasing water use since the advice was published. They claimed, therefore, that they were maintaining the status quo. However, given the use of the Site had not been granted planning permission, it was essentially held that this was not an appropriate baseline to judge water usage against. The Court held that this was the clear position reached by the inspector and the inspector had afforded the Claimant an opportunity to address this. The Claimant also challenged the decision on the basis that they had asked for the appeal to be held in abeyance, which the inspector did not address. However, the Court held (at 74) that, 'the Claimants did not formulate a clear proposition which the inspector could consider and address in his decision'. Therefore, the Court held that it was unclear that this proposition was workable in practice and that it was not incumbent on the inspector to deal with the point. The Claimant also criticised the inspector for failing to reach a split decision. However, the Court relied on the point that no request had been made to make a split decision (paras 97 - 98). Thus, in the absence of a request, the Court held that there was no requirement for the inspector to address the issue (para 100).

In Ecuador, learning about Land Degradation Neutrality in practice https://lnkd.in/ey6s_gWk

What on earth is nutrient neutrality? 'Nutrients' are a good thing, aren't they? Our Director of Conservation, Paul Hadaway, explains: "There's a historic problem of agricultural runoff of nitrates...coupled with the boom we've seen in housing development... which has seen a massive increase in phosphates. We've got old Victorian sewage infrastructure trying to deal with 21st-century housing numbers - and it doesn't work. So 'nutrient neutrality' was a scheme brought together by DEFRA to try and tackle that issue." Check out the video: https://lnkd.in/e8T-9v9x

💧Water neutrality… the new kid on the block? Whilst not a new concept, last week’s judgment saw the first High Court Challenge to an Inspector’s decision which refused planning permission for a development on grounds of water neutrality. Water neutrality is defined as “development that takes place which does not increase the rate of water abstraction for drinking water supplies above existing levels”. Natural England’s position is that planning permission for development in affected areas (areas subject to a Natural England Position Statement) should NOT be granted unless it can be shown that the new development will not create any more demand for the use of water in that designated water zone. In this case, the High Court agreed that it is a matter of judgment for the Inspector as the competent authority to apply Natural England’s advice according. Developers should therefore: ✅check whether a proposed development is in a water zone designated by Natural England and subject to a Natural England Position Statement; And where it does: ✅ check the Natural England Position Statement; ✅ ensure adequate mitigation is included in the development proposal, for example proposals to reuse and recycle water or the introduction of aquifers, so as not to deplete drinking water supplies and provide a Water Neutrality Statement to set this out and include with the planning application. #waterneutrality #planningcaselaw https://lnkd.in/e7Aj5MkP

📢 SOLENT NUTRIENT NEUTRALITY UPDATE 📢 Last night the Partnership for South Hampshire Joint Committee agreed one of the last steps in delivering local authority led mitigation solutions across the Solent. The report covered a number of key elements. 🔸Confirmation of the purchase of 'Land at Stubbington' for the purpose of delivering nutrient mitigation for the East Hampshire catchment. 🔸 An update on other projects, including the project to upgrade sewerage infrastructure in Winchester which will provide much needed phosphate mitigation at the end of this year. 🔸 Confirmation of the price of nutrient mitigation - £3,250 per Kg/TN/Yr and £50,000 per Kg/TP/Yr with a £750 administration fee (This can be varied through the Partnership for South Hampshire Joint Committee process to allow adjustments related market conditions). 🔸 The intention to launch a credit sales website this month to facilitate the sale of credits. 🔸 That the legal agreement between authorities that underpins the delivery of local authority led mitigation negates the need for s.106/s.33 agreements. We are keen to engage with developers and planning agents so that we can keep them up to date on the local authority mitigation offer. Please email [email protected] if you would like to be included on a mailing list.

🏗️ Is water neutrality a barrier or an opportunity for developers? Discover how this policy, aimed at reducing water usage, impacts developments, particularly in water-stressed areas like Sussex. 🌊 From small-scale redevelopment opportunities to the challenges of larger projects, explore the potential and obstacles in achieving water neutrality. 👇 #WaterNeutrality #Developers #ResidentialDevelopers #Entrepreneurial