Bournemouth, Christchurch and Poole Council has published new guidance and planning application requirements in respect of applications for new homes in Christchurch. Christchurch falls within the River Avon Special Area of Conservation (SAC) and previous advice from Natural England allowed BCP to approve new housing development that fell within the catchment of the Christchurch Waste Water Treatments Work (WWTW). This position has now changed and the Council’s latest research, along with advice from Natural England means that any net dwelling increase is now considered to have a significant effect on the nutrient levels of the River Avon SAC.
BCP Council issued a position statement on 30th October 2023 with regards to setting out their planning application validation requirements in order to mitigate the phosphate impacts of new residential development within the Christchurch Area. The Habitats Regulations require BCP to carry out an appropriate assessment when determining planning applications, and they will only be able to grant permission for new homes in the Christchurch area where suitable mitigation measures can be secured and demonstrated by the applicant. Changes to the validation requirements means applicants now need to demonstrate that suitable phosphates mitigation measures have been secured before a planning application can be validated. Existing planning applications for net additional housing subject to a reserved matters application or discharge of conditions application will also need to provide the mitigation.
Applicants can choose to deliver direct mitigation or offset their impact through the purchase of credits from the market. Whilst there are currently two mitigation schemes available, unfortunately the Christchurch WWTW does not have the required Environment Agency permit for phosphate output levels to make the credits affordable for developers in the Christchurch area (currently 8 times more expensive than elsewhere in the catchment).
With the Levelling Up and Regeneration Bill having recently received Royal Assent, secondary legislation is anticipated that will name WWTW where phosphate stripping will be required. Named treatment works are expected to be given permits for low phosphorus outputs from 2030, which would make mitigation more affordable to developers in the Christchurch area.
In the cabinet meeting held on 25th October 2023 BCP Council resolved to develop a strategy through the emerging BCP Local Plan to prevent housing sites becoming stalled and to provide certainty to the market.
Should you require any advice with regards to how this will impact your housing development in the Christchurch area, please do not hesitate to contact us.
Link to full position statement: BCP Phosphates update
Link to BCP Council: Submit a Planning Application
