Purpose

Following
the Court of Justice of the European Union judgements, Natural
England advised that in order to comply
with the The Conservation of Habitats
and Species Regulations 2017, all new development resulting in a
net gain of overnight accommodation at the Solent should be
nutrient neutral. This has profound implications for the Council in
terms of the ability to grant planning permission for new
development which provides overnight accommodation. This is
principally residential development but also applies to care homes,
hotels and water intensive commercial development.
 
Often the
strategic mitigation schemes are located outside of the
administrative area where development is taking place, and there is
a need to ensure that mitigation sites can be appropriately managed
and monitored via legal agreement to ensure that the nutrient
mitigation is properly secured.
 
Neighbouring authorities have entered into legal agreements with
landowners who are willing to make their land available for
nutrient mitigation and who have received approval from Natural
England. These legal agreements enable applicants to bring forward
development using nutrient mitigation sites that is located outside
of the administrative area.
 
Given the
Full Council decision of 16 November 2022 to limit access to
Warblington Farm, this necessitates the
use of third party mitigation. As such,
this will become part of the Council’s business as usual
operations in relation to nutrient neutrality. Overarching Section
106 agreements for suitable strategic mitigation schemes ensures
that monitoring and enforcement of the mitigation schemes can be
undertaken efficiently and robustly.
 
 

Decision

To enter a
legal agreement with Albion Water Ltd and Wessex Water Ltd for the
purposes of monitoring and enforcement of the nutrient neutrality
mitigation scheme for development in Havant Borough which drains to
Budds Farm Wastewater Treatment Works
(WwTWs).
 
The
Section 33 agreement contains as part of the Appendix the S106
agreement signed by the mitigation provider and the Local Planning
Authority Winchester City Council.