This is a statement of Herefordshire Council's current position on development within the River Lugg catchment, to provide up to date information to applicants and their agents on planning applications in the area.
The statements relate to recent advice to the council from Natural England, particularly concerning potential impacts of phosphates.
This is in response to the development of Habitats Regulations through European case law and its interpretation into English legislation by the statutory body, Natural England.
Herefordshire Council is committed to both playing its part in addressing the existing water quality and enabling sustainable growth.
Natural England first issued a letter to Herefordshire Council in July 2019 advising against reliance upon the Nutrient Management Plan to offset the phosphate load of development.
- Current information and guidance documents on development in River Lugg catchment
- Archive of previous statements and guidance issued by the council
How this affects development in the River Lugg catchment
In order to sign off on a Habitat Regulations Assessment for development within the Lugg catchment you must demonstrate nutrient neutrality.
Nutrient budget calculator
You can calculate the amount of nutrients your proposed development will add to the watercourse and are required to mitigate using Natural England's nutrient budget calculator.
River Lugg: Nutrient budget calculator
Read the River Lugg: Nutrient budget calculator - guidance
Mitigation
Phosphate credits
As a way to help unlock development in the north of the county, Herefordshire Council will provide phosphate credits generated from the wetland scheme, for developers to purchase as a mitigation to achieve nutrient neutrality.
The council has confirmed an initial Phosphate Credit Pricing and Allocation Policy for existing applications awaiting determination that were validated before 31 October 2021.
Find out more about phosphate credits and if you are eligible to apply.
If you are not eligible and would still like to continue with your application you must provide mitigation to offset for your nutrient budget.
Other mitigation
For guidance on how to demonstrate your means of mitigation both onsite, in the first instance, and offsite where necessary:
Mitigation can be a complex matter, so we would recommend seeking advice through either Natural England's Discretionary Advice Service and/or the council's pre-application planning advice service.
River Lugg catchment development documents
- Map showing River Wye and River Lugg catchment areas and nutrient sensitivity (pdf, 223kB)
- River Lugg: Nutrient neutrality budget calculator (Natural England) (xlsx, 3MB)
- River Lugg: Nutrient neutrality budget calculator - guidance (pdf, 837kB)
- River Lugg catchment: Advice for agents and applicants on the applications review June 2022 (pdf, 233kB)
- Application review checklist for agents and applicants June 2022 (pdf, 122kB)
- Drainage fields position statement 1 July 2022 (pdf, 140kB)
- Package treatment plants and small scale impacts in the Lugg catchment - interim guidance (pdf, 153kB)
- Luston wetland case study 2023 (pdf, 2MB)
- River Lugg and sub-catchments July 2024 (pdf, 341kB)
River Lugg catchment development - archive documents
- Development in the River Lugg catchment area position statement update April 2021 (pdf, 529kB)
- Interim phosphate delivery plan stage 1 report (pdf, 2MB)
- Interim phosphate delivery plan stage 1 non-technical summary (pdf, 200kB)
- Interim phosphate delivery plan stage 2 report (pdf, 1MB)
- Interim phosphate delivery plan stage 2 non-technical summary (pdf, 152kB)
- Interim phosphate delivery plan stage 3 (pdf, 574kB)
- Current development in the River Lugg catchment area position statement March 2020 (pdf, 458kB)
- Habitats regulations assessment (HRA) guidance note (pdf, 566kB)
- Habitats regulations assessment (HRA) FAQs March 2020 (pdf, 357kB)
- Habitats regulations assessment (HRA) - FAQs update June 2021 (pdf, 175kB)
- Appeal decision for land to the west of Risbury Cross March 2020 (pdf, 140kB)
- Appeal decision for land to the north of Southbank Withington May 2021 (pdf, 251kB)
- Natural England and Environment Agency - roles in planning and permitting (pdf, 158kB)
- Letter to Rebecca Pow MP 29 November 2021 (pdf, 163kB)
- Nutrient certainty update for developers 30 November 2021 (pdf, 128kB)