A legal requirement that new houses do not pollute nearby wetlands, rivers and nature reserves has halted development across a swath of England.
Forty-two local authorities in England were last month told they must ensure that new homes are “nutrient neutral” and do not add damaging nitrates or phosphates to river catchments and protected areas including the Eden Valley in Cumbria, the River Camel in Cornwall and the Norfolk Broads.
In these areas – close to protected sites such as special areas of conservation (SACs) – planning authorities are unable to permit new applications for any kind of home until developers prove they are not adding to nutrient pollution.
Natural England, the government’s conservation watchdog, has already required developers in 32 local authorities to demonstrate they are causing no additional pollution of protected sites after a 2018 court of justice ruling to protect conservation areas designated by the EU.
Nutrient pollution causes algal blooms that deplete oxygen in the water, killing fish and damaging other aquatic life. Farming is the main cause of excess nutrients washing into rivers and wetlands alongside discharges from overloaded sewage works but rainwater running off roads and new developments can also add to the pollution.
The Home Builders Federation estimates that up to 120,000 new homes have been delayed because of the “nutrient neutrality” rules in 74 local authority areas, with 42,000 new homes delayed in the greater Norwich area alone.
In some areas, such as the Solent, mitigation measures have been established, with developers able to purchase nitrate credits from landowners including environmental charities who use the money to rewild farms or create pollution-absorbing wetlands in
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