Throughout May and June 2024 RTPI Cymru held a series of webinars regarding the high levels of phosphorus in rivers in Wales. A variety of speakers explored the causes, effects, solutions and the future.
Few people would have expected a single nutrient to become such a large-scale issue, but this challenge provides a positive case study of effective, cross-profession solutions-focused collaboration.
What is the problem?
Phosphorus is a naturally occurring chemical that is vital to ecosystems. However, phosphorus from human activity is released into the rivers through farming practices like muck spreading and fertiliser use, and water management practices like treated sewage outflows from Wastewater Treatment Works (WwTW), untreated sewage from Combined Sewer Overflows (CSOs) or malfunctioning cesspits and septic tanks, and (to a much lesser extent) through highway drains. Excessive phosphorus causes eutrophication and the overproduction of algae. This damages water quality and reduces oxygen levels vital to other plants and animals.
Why is it a planning issue? A very brief history
In 2016, Natural Resources Wales (NRW) recognised that the elevated level of phosphorus in some rivers was harming the environment and introduced new phosphorus targets that were 50% to 80% stricter. It subsequently identified that five of Wales’ nine Special Area of Conservation (SAC) rivers were failing to meet these new targets:
- the Rivers Cleddau, Usk and Wye were experiencing widespread or severe failings, with 88% of the River Usk affected;
- the lower reaches of the River Teifi; and
- localised failings affecting 38% of the River Dee.
Initially, the intention was to address this pollution via Nutrient Management Plans for each affected river. However, the 2019 Court of European Justice ruling on the Dutch Nitrogen case established that Appropriate Assessment (AA) is required prior to permission being granted for any plan or project. The Appropriate Assessment must demonstrate that ‘nutrient neutrality’ is achieved, with no net increase of nutrients from new developments or new water discharge permits.
There are three ways a new development will not lead to further deterioration of SACs:
- The development is not a source of phosphates.
- More phosphates cannot enter a SAC river.
- A measure is in place for ‘nutrient neutrality’. (i.e., development does not cause a net increase in phosphorus entering the SAC river environment).
How did this affect the planning system?
NRW communicated phosphate issues to the Chief Planning Officer at the affected Local Planning Authorities (LPAs) in January 2021, resulting in an abrupt halt to decisions on planning applications and a pause on Local Development Plans (LDPs). Without clarity of the scale of the issue, the solutions or the timescales, planners could not advise Elected Members, applicants, agents or other stakeholders.
Helen Lucocq, Bannau Brycheiniog National Park Authority
Finding solutions
The first step in finding solutions was getting a better understanding of the problem. Key to progress was the strong collaborative working between LPAs, Dŵr Cymru Welsh Water (DCWW), Natural Resources Wales (NRW), Council ecology officers, planning consultancies and developers.
Barrie Davies, Asbri Planning
To better understand the geographical extent of the problem, NRW provided LPAs with GIS mapping to pinpoint the affected river catchments. DCWW provided mapping of the areas served by different Wastewater Treatment Works (WwTW) and the location of their discharge points. This clarified which planning applications were within scope and which were unaffected.
DCWW undertook extensive sampling to identifying the causes of phosphate pollution in each river. It published its Source Apportionment GIS (SAGIS) evidence in February 2023. With the exception of the Teifi, agricultural activity was found to be the primary cause of phosphate pollution.
While providing clarity, this evidence also resulted in disquiet that planning applications for new homes and infrastructure were stalled despite causing minimal phosphate loading. With the exception of new or enlarged intensive poultry units, agricultural activity rarely needs planning permission and it felt to many that most agricultural activity has continued seemingly unchallenged.
Recent research by the HBF and Brookbanks indicates that new homes have a minimal impact on river nutrient levels:
Source: Home Builders Federation and Brookbanks
Phosphate Summits
The then First Minister provided welcome leadership from the Welsh Government by calling a Phosphate Summit in Summer 2022, following which funding was confirmed for Nutrient Management Boards (NMBs). The NMBs were tasked with producing Nutrient Management Plans by March 2025. Further summits were held in Spring 2023, Winter 2023 and Spring 2024.
River Catchment Action Plan
The March 2023 Failing SAC River Catchment Action Plan set out eight actions, which are being implemented:
Infrastructure investment
DCWW mapped Wastewater Treatment Works against phosphate stripping capability and proposed growth areas in adopted and emerging LDPs. This has allowed planned and additional investment to be targeted where it would have most impact. DCWW’s action plan includes £100m investment (£40m to reduce CSOs and £60m to upgrade WwTWs). By 2030, DCWW expects to have removed at least 90% of its ‘fair share’ load in SAC rivers, with 100% achieved by 2032.
Phosphate calculators
The DCWW investment is supplemented by phosphate calculators to take a catchment-based approach. The West Wales Nutrient Management Board has led on the development of a nutrient calculator for the whole of Wales to ensure a consistent approach. However, the calculators themselves are place-specific and depend on factors such as soil composition and water quality in each river.
Future credit-trading might assist where there are no possible on-site solutions or infrastructure improvements within the vicinity of the development. This approach might align with a long-term emphasis on providing more nature-based solutions, working with other biodiversity schemes to introduce plants than naturally reduce phosphates along with the appropriate use of wetlands. This reflects the approach being taken in England.
Permit reviews
To complement the above work, NRW was due to complete its review of permits in summer 2024. This review has looked at all WwTW environmental permits to review the acceptable level of phosphates allowable against existing discharge levels, to explore where there is appropriate ‘headroom’ to facilitate new development.
However, it is acknowledged that this does not provide a long-term solution to improving water quality.
Recent updates
June 2024 saw the case of CG Fry & Son Ltd v Secretary of State for Levelling Up & Communities and Anor [2024] EWCA Civ730 ruling the need for AA with outline, reserved matters and discharge of pre-commencement conditions decisions, even when the condition does not relate to drainage matters. This ruling is now being challenged at the Supreme Court.
The recent ruling of Bradbury v. Brecon Beacons NPA [2024] EWHC 1242 (Admin) held that Planning Committee has an evaluation role including the Appropriate Assessment (AA) and needs to have the opportunity to see the AA before making its decision.
What are the future concerns?
The ability of planners throughout the sector (LPAs, NRW, DCWW, consultants, developers, HBF) to collaborate and find solutions has been key to facilitating development proposals whilst safeguarding the environment. However, there are some continuing concerns. For example, the approach described above applies only to fluvial SAC areas: are other areas affected too? The focus to date has been on phosphorus: are there other pollutants? What is the long-term funding for Nutrient Management Boards? Can resource-stretched LPAs and expert advisors (such as ecology officers and NRW) sustain the increased workload in reviewing additional information and undertaking Habitat Regulations Assessments?
Gail Pearce-Taylor, West Wales NMB
In the longer term, bigger steps must be taken to improve river water quality. The key is to ensure everyone works together for the environment and the mitigation in place delivers long-term improvements.
Helen Lucocq, Bannau Brycheiniog National Park Authority
The webinars can be viewed here.
With thanks to our guest speakers, whose presentations helped provide the content for this article:
- Annabel Graham Paul, Barrister at Francis Taylor Building
- Barrie Davies MRTPI, Director at Asbri Planning
- Craig O’Connor MRTPI, Head of Placemaking at Monmouthshire County Council
- Emmeline Brooks MRTPI, Principal Planner and Harrison Moore MRTPI, Senior Planner at Arup
- Gail Pearce-Taylor, Programme Manager for the Teifi, Cleddau and Tywi Nutrient Management Board
- Helen Lucocq MRTPI, Strategy and Policy Manager at Bannau Brycheiniog National Park
- Ryan Norman, Development Growth Manager at Dŵr Cymru Welsh Water