On March 16, 2022, Natural England issued a nutrient neutrality notification for the River Derwent and Bassenthwaite Lake Special Area of Conservation (SAC).
The advice explains that some types of new development, including new housing, could increase nutrient pollution in this protected habitat. The advice was issued to us without notice.
Under the Conservation of Species and Habitats Regulations 2017, we must be certain that development will not cause likely significant effects on protected sites before planning permission can be granted. This means some applications now need nutrient neutrality information before we can validate or determine them.
Areas affected
In Copeland, nutrient neutrality applies to parts of the following parishes:
- Lamplugh
- Arlecdon
- Rowrah
- Distington
Natural England provides a catchment map showing the affected areas.
Evidence and tools
You may need to use one or more of the following resources:
Using the nutrient neutrality calculators - guidance on GOV.UK website
Implications for planning applications
Nutrient neutrality affects any proposal that creates new overnight accommodation. This includes permanent residential development and tourist accommodation such as:
- hotels
- guest houses
- bed and breakfasts
- holiday lets
- static caravan sites
- campsites with on-site toilet or washing facilities
It may also apply to:
- new tourism development that increases day visitor numbers
- agricultural development that increases livestock numbers
The requirement applies to all types of planning applications, including:
- full and outline applications
- reserved matters
- prior approval
- certificates of lawful development
We may not be able to approve applications in the affected catchment without nutrient neutrality information or amendments to the proposal. We will contact applicants and agents where this applies.
Validation requirements for new applications will also be updated.
When nutrient neutrality information is required
You must provide nutrient neutrality information before validation if the development is:
- within a catchment covered by Natural England's nutrient neutrality advice
- one of the affected development types listed above
Information you must provide
Nutrient neutrality information must include either option 1 or option 2.
Option 1:
- completed Natural England nutrient neutrality budget calculator for the relevant catchment
- nutrient neutrality mitigation strategy
- shadow habitats regulations assessment
Option 2:
Evidence that the proposed development meets all thresholds for small discharges to ground, as set out in Natural England nutrient neutrality advice.
Exceptions to the validation requirement
You do not need to submit nutrient neutrality information at validation for:
- development in Use Class B2 or B8 (general industrial or uses)
- development in Use Class E (commercial, business and service)
- development in Use Class F1 (a), (d), (e) or (f)
- development in Use Class F2 (a), (b) or (c)
- changes between types of tourism accommodation with no increase in occupancy (for example, guesthouse to holiday let)
- householder development, including annexes and incidental accommodation such as garden buildings
Even where information is not needed at validation, we may still need nutrient neutrality information later in the process or may refuse permission without it.
Shadow Habitats Regulations Assessment
A Shadow Habitats Regulations Assessment is an assessment produced by a third party to support a planning application. We may adopt it if we agree with its findings.
For more information, see the National Planning Practice Guidance on GOV.UK
Natural England guidance
Natural England provides further information, including:
- Nutrient Neutrality and Mitigation: A summary guide and frequently asked questions (NE776)
- Nutrient Neutrality Principles (TIN186)
- Nutrient Neutrality Generic Methodology (NECR459)
Cumbria Nutrient Neutrality Partnership
Find local guidance and resources on the Cumbria Nutrient Neutrality Partnership website, including:
- planning and validation guidance for developers
- resources for property and landowners, including non-mains drainage upgrades and mitigation opportunities
- updates on projects and future credit trading