Agenda item

This matter is the responsibility of Executive Councillor for Planning and Transportation, Councillor Mike Rigby.

The purpose of this report is to demonstrate the Council’s commitment to the delivery of, and allocation of funding for, a proposed programme of interim measures to secure phosphate neutral development in the District. 

During the discussion, the following points were raised:-

·       Councillors advised that they should be lobbying Government to get the water companies to do the necessary work to remove the phosphates.

The Portfolio Holder for Planning and Transportation agreed and advised that there was a 5-year plan to eliminate phosphates but that was too long a time frame and urgent action was needed now.

·       Councillors agreed that action was needed now and that both the water companies and agriculture sector needed to take emergency action at the root causes.

·       Councillors queried whether the Sub-Committee would be open to non-Planning Committee members.

The Portfolio Holder for Planning and Transportation advised that the Sub-Committee would be comprised of Planning Committee members but that other councillors could attend to give advice where needed.

·       Councillors wanted to ensure that the decisions made by the Sub-Committee would not be open to legal challenge.

·       Councillors suggested other mitigation measures to be included in the specification, such as tree planting and alternative farming practices.

·       Councillors queried whether the local MPs were aware of the severity of the situation.

The Portfolio Holder for Planning and Transportation advised that the MPs had been made aware.

·       Councillors queried what regulation was Government introducing to deal with the phosphate issue.

The Portfolio Holder for Planning and Transportation had not received any indication that Government was due to introduce any legislation on the matter.

·       Concern was raised on the delay caused in the planning process which had impacted on the building supply chain and caused a delay in producing housing in the local area.

The Portfolio Holder for Planning and Transportation advised that extra resource had been taken on to help move the process forward.

·       Councillors were happy to support the recommendations to alleviate the impact on local developers and residents.

Resolved that Full Council:-

a)    Confirmed that the Council would, until such time as the responsibility fell to others, adopt interim measures to secure in perpetuity development which was phosphate neutral in the River Tone catchment.

b)    Confirmed that the interim measures would include monitoring with annual reporting, to take an evidence led approach to ensure that phosphate offsets arising from the measures secured kept pace with permissions granted.

c)    Approved a Supplementary Capital Budget of £2m for Phosphates Mitigation Interim Measures, to be included in the General Fund Capital Programme for 2021/22 and 2022/23 (profile to be agreed by S151 Officer), to be initially funded by borrowing. and agreed that associated debt financing costs were included in the MTFP.

d)    Agreed in principle that income received in respect of phosphates credits, for example through S106 contributions, be set aside first to repay borrowing and interest costs and then contributed to ongoing revenue costs associated with the interim measures implemented.

e)    Noted the financial risks and potential market and asset valuation fluctuations, supported the creation of an appropriate contingency within earmarked reserves, to be assessed and recommended by the S151 Officer as part of the annual budget report.

f)      Delegated authority to progress the purchasing of land and the creation of phosphate credits within the approved budget, and subject to a viable business case, to the Assistant Director Strategic Place and Planning in consultation with the Section 151 Officer and the Executive Councillor Member for Planning and Transportation.

g)    Delegated authority to progress the Appropriate Assessment of the interim programme of measures and its sign off by Natural England to the Assistant Director Strategic Place and Planning in consultation with the Executive Councillor Member for Planning and Transportation.

h)    Agreed the governance and delegated authority arrangements for managing and setting up the subcommittee of planning to manage the interim strategy and the purchasing of phosphate mitigation credits to meet the needs of affected development (enclosed as Appendix A).

i)      Supported where it was expedient to do so, in line with legislation and where there was a compelling case in the public interest, the use of legal powers (e.g. Compulsory Purchase Orders) to deliver cost-effective phosphate solutions.

j)      Required all new residential development to include water efficiency measures (110 litres per person per day) in line with SWT sustainability and climate change objectives, and that this would be a material planning consideration in the determination of affected proposals.

k)    With regard to determining planning applications, delegated authority to the Assistant Director of Strategic Place and Planning, the Lead Officer for Development Management and the Planning Policy Manager where appropriate to enter into Section 39 Agreements with landowners/farmers providing the mitigation project on their land.

l)      Delegated authority to the Assistant Director Strategic Place and Planning in consultation with the Executive Councillor Member for Planning and Transportation and the Phosphate Working Group to publish interim guidance clarifying the Council’s position (as Local Planning Authority) on accepting Phosphate Credits purchased via third party trading platforms.