Nutrient neutrality advice
In March 2022 Natural England notified the Council that the Teesmouth and Cleveland Coast Special Protection Area (SPA) is in an unfavourable condition.
This is due to nutrient enrichment, which includes pollution from nitrates, including nitrogen.
- Natural England notification to Council [pdf document]
The whole of Darlington Borough is located within the identified catchment area of the Teesmouth and Cleveland Coast SPA. This is the whole River Tees catchment, identified on thismap [pdf document].
The Teesmouth and Cleveland Coast protected area is a wetland habitat comprising an area of complex coastal habitats. This is centred on the Tees estuary. It includes a range of habitats. These habitats support internationally important populations of breeding and nonbreeding waterbirds. It also includes a high density of benthic (bottom-dwelling) invertebrates.
What does this mean?
The developments listed below must adhere to the Conservation of Habitat and Species Regulations [external link].
Vefore granting planning permission for certain types of development the Local Planning Authority must be satisfied that the proposal is nutrient neutral. It must also be satisfied that it will not have an adverse effect on the Teesmouth and Cleveland Coast SPA by increasing nutrient pollution. This means no increase in nitrogen discharge into watercourses.
What types of development does it apply to?
- New overnight accommodation including:
- new dwellings,
- HMOs,
- new camping,
- glamping or caravan pitches served by on-site toilet or washing facilities,
- or new hotel bedroom accommodation;
- New tourism development which is likely to increase the number of day visitors to a premises;
- Agricultural development which will result in an increase in stock numbers;
- Anaerobic digesters;
- All other developments where on-site overnight accommodation is provided. This excludes householder extensions but includes commercial developments.
Significant commercial developments attracting people as visitors or employees from outside the catchment area will need to be considered on their individual circumstances. You should discuss these at an early stage with Planning Officers.
What type of applications does it apply to ?
Nutrient Neutrality needs to be demonstrated for all full and outline planning applications for the types of development above.
Following the Fry Judgement [pdf document], it also applies to:
- reserved matters applications and.
- applications to discharge pre-commencement planning conditions. This is for where Nutrient Neutrality has not been considered at earlier stages of the decision-making process.
Nutrient Neutrality will also need to be demonstrated for permitted development requiring planning approval from the Local Planning Authority. This will apply to proposals for the types of development identified above.
The Prior Approval decision notice issued for an applicable development will include an informative. This would state:
- that before commencement of the development, a Regulation 77 application should be made. This will need to demonstrate that the proposal is nutrient neutral and has secured the appropriate mitigation where necessary.
What do I need to do?
Applicants must provide
- a completed Nutrient Neutrality Budget Calculator,
- evidence of secured mitigation (where applicable) and,
- a Nutrient Neutrality Statement.
This would enable the Local Planning Authority to establish if your proposal is Nutrient Neutral. This would be done through the Habitat Regulations Screening & Appropriate Assessment.
Further details of what these should include is set out in the following steps: (click to drop down)
Use the Natural England Nutrient Neutrality Budget Calculator [excel document] where your proposal creates additional overnight accommodation.
The updated calculator was released on the 24 May 2024.
The update corrected a small number of minor data errors. It also reflected the publication of theDEFRA List [external link]. This confirmed the wastewater treatment works under a duty to meet specific nutrient removal levels.
January 2024 - The Tees Catchment was designated as a sensitive area for nitrogen under the Water Industry Act 1991. This was published in the Notice of Designation of Sensitive Catchment Areas 2024 [external link].
This means that in designated catchments, water companies have a duty to ensure wastewater treatment works serving a population equivalent to or over 2,000, meet specified nutrient removal standards by 1 April 2030.
In Darlington Borough this applies to Stressholme and Aycliffe wastewater treatment works.
When considering planning proposals for development draining via a sewer to a wastewater treatment works, subject to the upgrade duty, the Council will assume that the nutrient pollution standard will be met by the upgrade date for the purposes of the Habitats Regulations Assessments. The calculator has been updated to account for this.
Natural England have produced guidance [external link]. This explains each of the stages of calculating the nutrient budget for a proposal.
The Council has also produced a Nutrient Neutrality Budget Calculator guidance note [pdf document]. This advises on the inputs and assumptions to be used within the calculator in Darlington Borough. It includes the average occupancy rate that should be used. Further information can be seen in the occupancy report [pdf document].
A bespoke calculator will need to be made for other types of development that nutrient neutrality applies to. This is so that it can establish the nutrient budget for the particular proposal.
All applications that need to demonstrate Nutrient Neutrality must provide a completed Nutrient Neutrality Budget Calculator. This must evidence the nutrient budget for the proposal.
Where an additional total annual nitrogen load needs to be mitigated, applicants will need to demonstrate and evidence how this mitigation will be identified and secured.
Mitigation can be provided on site or off site. Off site mitigation must be located in the Tees Catchment Area.
Nutrient Credits
Mitigation could be provided by purchasing nutrient credits:
- from the Natural England Tees Catchment Nutrient Mitigation Credit Scheme or ;
- from other Nutrient Credit Schemes in the Tees Catchment (subject to verification).
The Natural England Nutrient Credits Mitigation Scheme releases credits in rounds. The next round will be open to applications at 10am on 30 April 2025 and closes at 11.55pm on 27 May 2025. Details on a further round will follow shortly.
Applications will be rejected if they are submitted before the round opens or after the round closes. Further information on the credit scheme including credit price and the prioritisation process is available on Natural England's website [external site]. Credit applicants are required to have a live planning application before applying.
Natural England do not check submitted Budget Calculators when assessing credit applications. We encourage you to provide these to the Council to check before submission to avoid applying for the incorrect amount of credits. Email [email protected]
Should you be using Nutrient Credits as mitigation then a countersigned Provisional Credit Certificate will need to be submitted before the Council can complete the appropriate assessment on your proposal.
Off Site Mitigation Land
Mitigation could also be provided in the form of change in land use of off-site land. This would need to be from a higher to a certain lower nitrogen generating use. For example, cereals (arable) or lowland (grazing) to woodland. This land must be owned by the applicant and be located within the Tees Catchment.
For the Council to complete the appropriate assessment, applicants seeking to use off site land as mitigation will need to submit:
- Evidence of the mitigation land's current use such as a Baseline Condition Assessment,
- Evidence and details of how the proposed habitat will be created, such as a Planting Schedule,
- Evidence of how the proposed habitat will be managed and monitored in perpetuity. For example, a Habitat Management and Monitoring Plan,
- A separate completed Nutrient Neutrality Budget Calculator including the mitigation land.
A legal mechanism will also need to be used to secure the land for nutrient neutrality mitigation purposes in perpetuity.
Other nutrient mitigation measures
Other measures which could be taken to reduce nitrogen pollution from development proposals include:
- Lower Water usage. You may wish to consider ways in which your development could reduce the water usage lower than the 120 litres per person per day. (This is used in the calculator).
- Lower water usage rates should be evidenced properly. They should be submitted with your completed budget calculator.
- Sustainable Drainage Schemes (SuDs) . You may also wish to consider the inclusion of SuDs and design this to maximise the opportunity to capture and remove nitrogen from the surface water runoff of your proposal. The Construction Industry Research and Information Association (CIRIA) has published a guide intended for areas where nutrient neutrality is required. The guide outlines the design criteria for a good SuDs scheme that can maximise the opportunity to capture and remove nitrogen.
Using SuDs to reduce nitrogen in surface water runoff (2023) [pdf document]
A Nutrient Neutrality Statement should be produced and submitted to the Council. This must provide a summary of the approach and results of the Nutrient Neutrality Budget Calculator. This should also set out (where applicable) what mitigation will be used and how it will be secured.
The Council, in its role as the Competent Authority, will not be able to complete the Habitats Regulations Screening and Appropriate Assessment of applicable development proposals until all the required information set out above has been provided.