FAQs

Nutrient neutrality

What is nutrient neutrality?

Nutrient neutrality is about making sure new developments don’t add extra nitrogen or phosphorus to local water bodies, which can harm the environment. Natural England issued guidance in March 2022 affecting large parts of Norfolk, including areas in Breckland, Broadland, South Norfolk, Great Yarmouth, North Norfolk, Norwich, and the Broads.

Which water bodies are affected?

The River Wensum and The Broads are the main areas affected. These are protected habitats known as Special Areas of Conservation (SACs).

What does Natural England’s advice mean?

Planning permission can’t be granted for certain developments unless it’s proven they won’t increase nutrient pollution. This applies to both new and existing applications in the affected areas.

How do I know if my site is affected?

Each local council has maps showing the affected catchment areas. If you’re unsure, contact your planning case officer or Natural England for help.

What types of applications are affected?

Any development that includes overnight stays (like homes, care homes, student housing, or tourist accommodation) is affected. Some commercial or agricultural developments may also be affected if they impact water quality.

If my site is outside the catchment, am I still affected?

Usually not. But if your site connects to a wastewater treatment works that drains into an affected area, you may still need to provide evidence. Your local council will advise.

How can I find out where my site drains to?

If your site connects to Anglian Water’s network, you can use their Digdat service (fees apply). They can’t advise on private drainage systems or mitigation.

Why aren’t all maps publicly available?

Catchment maps are available on council websites. However, maps showing wastewater treatment areas can’t be shared publicly due to licensing restrictions.

What are the Conservation of Species and Habitats Regulations 2017?

These laws require councils to make sure new developments don’t harm protected habitats like the River Wensum and The Broads. If harm can’t be ruled out, planning permission must be refused.

What is the Natural Environment and Rural Communities Act?

This law requires councils to protect and improve biodiversity. It means councils must consider the environmental impact of developments and avoid biodiversity loss.

How do phosphorus and nitrogen affect water quality?

Too much phosphorus and nitrogen in rivers and lakes can damage the environment. These nutrients cause certain plants to grow too quickly (a process called eutrophication), which reduces biodiversity and harms protected habitats like the River Wensum and The Broads.

What do councils need to do?

Local Planning Authorities (LPAs) must assess whether a development will harm protected sites. This is done through a Habitats Regulations Assessment (HRA) and, if needed, an Appropriate Assessment (AA) based on scientific evidence.

Planning permission can only be granted if it’s clear the development won’t damage the site. Natural England advises councils to take a precautionary approach, meaning they must be sure there’s no risk before approving a project.

Why can’t the council just ignore Natural England’s advice?

Even though councils make planning decisions, they must follow the law. If they approve a development without properly checking its impact on protected habitats, the decision could be legally challenged and overturned.

What does mitigation mean?

Mitigation means reducing or offsetting the nutrient pollution caused by a development. This can include:

• Treating wastewater and surface water on-site
• Creating or restoring woodlands or wetlands
• Other methods that reduce nitrogen and phosphorus entering rivers

Work is ongoing to develop short-, medium-, and long-term solutions.

Can I just pay a fee to cover mitigation?

Not yet. In the future, developers may be able to pay a tariff to fund off-site mitigation. But for now, no tariff system is in place because the costs and delivery methods haven’t been confirmed.

How long will this take to resolve?

It may take time to fully understand and set up effective mitigation options—possibly several years. All Norfolk councils are working together to find solutions as quickly as possible, as this issue affects housing and job growth across the region.

Why didn’t Natural England raise concerns earlier?

Councils were surprised by the timing of Natural England’s advice, which came without warning. However, now that the advice is public, it must be followed unless officially withdrawn.

Will Natural England support councils with this issue?

Yes, Natural England has provided tools and guidance. However, it’s up to each council (as the “competent authority”) to assess whether a development will harm protected habitats. Natural England may be consulted during the process but won’t always give detailed advice.

Can applicants or agents get help from Natural England?

You can contact Natural England, but they usually won’t comment on individual cases. They’ll likely refer you back to your local council, which is responsible for assessing planning applications under the Habitats Regulations.

Can drainage and other pre-commencement conditions be discharged?

Possibly—but it depends on the condition and whether it affects protected habitats.

The Habitats Regulations apply to any type of planning approval, including:

• Discharge of conditions
• Reserved matters
• Post-permission approvals

If environmental circumstances have changed (e.g. increased nutrient levels or worsening habitat condition), or if previous mitigation is no longer effective, a new Habitats Regulations Assessment (HRA) may be needed.

What is an “implementing consent”?

If a condition is essential to the planning permission (i.e. it goes to the heart of the approval), it’s considered an “implementing consent” and must follow the Habitats Regulations.

To decide this, the council will:

• Review the wording of the condition
• Consider its role in the overall permission

If the condition is critical, it must be discharged lawfully before development can proceed.

What should I do?

Speak to your planning case officer. You should also explain in your submission whether the condition is an implementing consent and provide any supporting evidence.