When 50 Shades of Planning first covered nutrient neutrality in February 2021, Sam Stafford described the process of eutrophication as a bit like the podcast itself: a little niche, but very important.
When Sam published a second episode on the subject in September 2022 it had grown in significance to the extent that Prime Minister Liz Truss had pledged to “scrap nutrient neutrality rules”.
The question that was posed in that second episode, and again in a third episode in June 2024, was how far away is a satisfactory resolution in those parts of the country that have been affected.
Almost eight years on from the 'Dutch N' judgement in the European Court of Justice, a satisfactory resolution to the issue that has resulted in 74 LPAs in and around Special Protection Areas withholding planning permission unless the negative impacts of development can be ruled out completely might soon be close.
Pursuant to provisions contained within the Planning & Infrastructure Act 2025, Natural England recently published for consultation a draft Norfolk Environmental Delivery Plan (EDP), which is designed to protect and enhance the Norfolk: Broads Special Area of Conservation (SAC) (taking in the rivers Yare and Bure), the Broadland Ramsar and the River Wensum SAC, whilst at the same time enabling sustainable development.
EDPs are designed to address the impacts of development on specific sites and species, and are a key component of the Nature Restoration Fund (NRF).
Has the nutrient neutrality nut finally been cracked? Will EDPs work?
These are the questions discussed in this episode by new friends of the podcast Alastair Wager, Matt Browne and Phil Courtier, who were expertly steered by old friend of the podcast Nina Pindham.
Alastair is the Deputy Director at Natural England responsible for the NRF; Matt is Head of Public Affairs for The Wildlife Trusts; Phil is Director of Place at South Norfolk and Broadland Councils, and sits on the board of Norfolk Environment Credits; and Nina is a Barrister at Cornerstone Chambers.
They talked about how the EDP and NRF will work, both in so far as the practicalities for applicants and LPAs are concerned, as well as being expected to operate alongside existing credit markets. They talked about BNG, Local Nature Recovery Strategies and Regional Water Authorities, and they talk about the applicability of EDPs to species as well as habitats.
Some accompanying reading.
Nutrient pollution – draft Norfolk Environmental Delivery Plan consultation
NRL IRL
The King (on the application of Timothy Charles Harris) and Natural England
Logic Beats X Music of Life
Some further accompanying reading (suggested by Alastair after Sam had recorded his outro).
A direct link to the draft EDP
Supplementary information: The process for developers
Using the Nature Restoration Levy
An approach to assessing evidence for Environmental Delivery Plans
Catchment statistics for nutrient pollution
Some accompanying listening.
Go Down River - The Heavy Heavy
Any other business.
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