Lead member
Michael Gove
Conservative, Surrey Heath
Commons
Decision
Agreed
This amendment was agreed to.
Amendment text
To move the following Schedule—
“ScheduleNC78
AMENDMENTS OF THE CONSERVATION OF HABITATS AND SPECIES REGULATIONS 2017: ASSUMPTIONS ABOUT NUTRIENT POLLUTION STANDARDS
PART 1
Introductory
1
Part 6 of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) (assessment of plans and projects) is amended as set out in this Schedule.
PART 2
Planning
2
Chapter 2 of Part 6 of those Regulations (assessment of plans and projects: planning) is amended as follows.
3
In regulation 70 (grant of planning permission), after paragraph (4) insert—
“(5)
See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
4
In regulation 71 (planning permission: duty to review), after paragraph (9) insert—
“(10)
See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
5
In regulation 77 (general development orders: approval of local planning authority), after paragraph (7) insert—
“(8)
See regulation 85B for the assumptions about nutrient pollution standards to be made in certain circumstances.”
6
In regulation 79 (special development orders), after paragraph (5) insert—
“(6)
See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
7
In regulation 80 (local development orders), after paragraph (5) insert—
“(6)
See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
8
In regulation 81 (neighbourhood development orders), after paragraph (5) insert—
“(5A)
See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
9
In regulation 82 (simplified planning zones), after paragraph (6) insert—
“(7)
See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
10
In regulation 83 (enterprise zones), after paragraph (6) insert—
“(7)
See regulation 85A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
11
After regulation 85 insert—
“85A
Assumptions to be made about nutrient pollution standards: general
(1)
Paragraph (2) applies where—
(a)
a competent authority makes a relevant decision,
(b)
the potential development includes development in England,
(c)
the competent authority is required to make a relevant assessment before the decision is made,
(d)
waste water from any potential development would be dealt with by a plant in England that, at the time of the decision, is—
(i)
a nitrogen significant plant, or
(ii)
a phosphorus significant plant, and
(e)
the decision is made before the upgrade date.
(2)
In making the relevant assessment, the competent authority must assume—
(a)
in a case within paragraph (1)(d)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date;
(b)
in a case within paragraph (1)(d)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date.
(3)
Paragraph (2)—
(a)
is subject to regulation 85C (direction that assumptions are not to apply), and
(b)
does not prevent the competent authority, in making a relevant assessment, from having regard to outperformance, or expected outperformance, by a plant.
(4)
In paragraph (1) “relevant decision” means—
(a)
where any of the following provides that the assessment provisions apply in relation to doing a thing, the decision whether or not to do it—
(i)
regulation 70 (grant of planning permission),
(ii)
regulation 79 (special development orders),
(iii)
regulation 80 (local development orders),
(iv)
regulation 81 (neighbourhood development orders),
(v)
regulation 82 (simplified planning zones), or
(vi)
regulation 83 (enterprise zones), or
(b)
where any of the following provides that the review provisions apply in relation to a matter, a decision under regulation 65(1)(b) on a review of the matter—
(i)
regulation 71 (planning permission: duty to review),
(ii)
regulation 79 (special development orders),
(iii)
regulation 80 (local development orders),
(iv)
regulation 81 (neighbourhood development orders),
(v)
regulation 82 (simplified planning zones), or
(vi)
regulation 83 (enterprise zones);
but this does not apply to a matter mentioned in regulation 71(4) (any review of which would be conducted in accordance with another Chapter).
(5)
In paragraph (1) “potential development”, in relation to a relevant decision, means development—
(a)
that could be carried out by virtue of the planning permission, development order or scheme to which the decision relates, or
(b)
to which the decision otherwise relates.
(6)
In this regulation “relevant assessment” means—
(a)
where the assessment provisions apply and an appropriate assessment of the implications of the plan or project for a site is required by regulation 63(1), that assessment;
(b)
where the review provisions apply and an appropriate assessment is required by regulation 65(2), that assessment.
85B
Assumptions to be made about nutrient pollution standards: general development orders
(1)
This regulation applies where—
(a)
a local planning authority (within the meaning given by regulation 78(1)) makes a decision on an application under regulation 77 (general development orders: approval of local planning authority) for approval as mentioned in regulation 75 relating to proposed development in England,
(b)
the authority is required by regulation 77(6) to make an appropriate assessment of the implications of the proposed development,
(c)
any waste water from the proposed development would be dealt with by a plant in England that, at the time of the decision, is—
(i)
a nitrogen significant plant, or
(ii)
a phosphorus significant plant, and
(d)
the decision is made before the upgrade date.
(2)
In making the relevant assessment the local planning authority must assume—
(a)
in a case within paragraph (1)(c)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date;
(b)
in a case within paragraph (1)(c)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date.
(3)
Paragraph (2)—
(a)
is subject to regulation 85C (direction that assumptions are not to apply), and
(b)
does not prevent the local planning authority, in making a relevant assessment, from having regard to any outperformance, or expected outperformance, by a plant.
85C
Direction that assumptions are not to apply
(1)
The assumptions in regulations 85A(2) and 85B(2) do not apply in relation to a particular plant and a particular nutrient pollution standard if the Secretary of State so directs.
(2)
A direction under this regulation may be made in relation to a plant and a standard only if the Secretary of State is satisfied that the plant will not be able to meet the standard by the upgrade date.
(3)
The Secretary of State may revoke a direction under this regulation if satisfied that the plant will meet the standard on the upgrade date.
(4)
In deciding whether to make a direction under this regulation in relation to a plant and a standard, the Secretary of State may, in particular, have regard to when the plant can be expected to meet the standard.
(5)
Before making or revoking a direction under this regulation, the Secretary of State must consult—
(a)
the Environment Agency,
(b)
Natural England,
(c)
the Water Services Regulation Authority,
(d)
any local planning authority who it appears to the Secretary of State would be affected by the direction or revocation,
(e)
the sewerage undertaker whose sewerage system includes the plant, and
(f)
any other persons that the Secretary of State considers appropriate.
(6)
A direction or revocation under this regulation—
(a)
is to be made in writing, and
(b)
takes effect—
(i)
on the day specified in the direction or revocation, or
(ii)
if none is specified, on the day on which it is made.
(7)
As soon as practicable after making or revoking a direction under this regulation, the Secretary of State must—
(a)
notify—
(i)
the Environment Agency,
(ii)
Natural England,
(iii)
every local planning authority who appears to the Secretary of State to be affected by the direction or revocation, and
(iv)
any other persons that the Secretary of State considers appropriate, and
(b)
publish the direction or revocation.
85D
Regulations 85A to 85C: interpretation
(1)
In regulations 85A to 85C and this regulation, the following terms have the meanings given by section 96J of the Water Industry Act 1991—
“nitrogen significant plant”;
“nitrogen nutrient pollution standard”;
“nutrient pollution standard”;
“phosphorus significant plant”;
“phosphorus nutrient pollution standard”;
“plant”;
“sewerage system”, in relation to a sewerage undertaker;
“treated effluent”;
“upgrade date”.
(2)
For the purposes of regulations 85A and 85B, “outperformance” by a plant, in relation to a nutrient pollution standard, occurs where—
(a)
the plant meets the standard before the upgrade date, or
(b)
the total nitrogen concentration (in the case of a nitrogen significant plant), or total phosphorus concentration (in the case of a phosphorus significant plant), in treated effluent that it discharges is less than the concentration specified in section 96F(1) or (2) (as the case may be) of the Water Industry Act 1991 that applies to the plant.”
PART 3
Land use plans
12
Chapter 8 of Part 6 (assessment of plans and projects: land use plans) is amended as follows.
13
In regulation 105 (assessment of implications for European sites and European offshore marine sites), after paragraph (6) insert—
“(7)
See regulation 110A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
14
In regulation 106 (assessment of implications for European site: neighbourhood development plans), after paragraph (3) insert—
“(3A)
See regulation 110A for the assumptions about nutrient pollution standards to be made in certain circumstances.”
15
In regulation 110 (national policy statements), in paragraph (3)(a), for “and 108” substitute “, 108 and 110A”.
16
After regulation 110 insert—
“110A
Assessments under this Chapter: required assumptions
(1)
This regulation applies where—
(a)
a plan-making authority makes a relevant decision in relation to a land use plan relating to an area in England,
(b)
the authority is required to make a relevant assessment before the decision is made,
(c)
waste water from the area to which the plan relates could be dealt with by a plant in England that, at the time of the decision, is—
(i)
a nitrogen significant plant, or
(ii)
a phosphorus significant plant, and
(d)
the decision is made before the upgrade date.
(2)
In making the relevant assessment, the authority must assume—
(a)
in a case within paragraph (1)(c)(i), that the plant will meet the nitrogen nutrient pollution standard on and after the upgrade date;
(b)
in a case within paragraph (1)(c)(ii), that the plant will meet the phosphorus nutrient pollution standard on and after the upgrade date.
(3)
Paragraph (2)—
(a)
is subject to regulation 110B (direction that assumptions are not to apply), and
(b)
does not prevent the authority, in making a relevant assessment, from having regard to any outperformance, or expected outperformance, by a plant.
(4)
In paragraph (1) “relevant decision” means—
(a)
a decision whether to give effect to a land use plan, or
(b)
a decision whether to modify or revoke a neighbourhood development plan.
(5)
In this regulation “relevant assessment”, in relation to a land use plan, means—
(a)
in relation to a decision within paragraph (4)(a), where an appropriate assessment of the implications for a site of the land use plan is required by regulation 105(1), that assessment;
(b)
in relation to a decision within paragraph (4)(b), where such an assessment is required by regulation 105(1) as applied by regulation 106(3), that assessment.
110B
Direction that assumptions are not to apply
(1)
The assumptions in regulation 110A(2) do not apply in relation to a particular plant and a particular nutrient pollution standard if the Secretary of State so directs.
(2)
A direction under this regulation may be made in relation to a plant and a standard only if the Secretary of State is satisfied that the plant will not be able to meet the standard by the upgrade date.
(3)
The Secretary of State may revoke a direction under this regulation if satisfied that the plant will meet the standard on the upgrade date.
(4)
In deciding whether to make a direction under this regulation in relation to a plant and a standard, the Secretary of State may, in particular, have regard to when the plant can be expected to meet the standard.
(5)
Before making or revoking a direction under this regulation, the Secretary of State must consult—
(a)
the Environment Agency,
(b)
Natural England,
(c)
the Water Services Regulation Authority,
(d)
any plan-making authority who it appears to the Secretary of State would be affected by the direction or revocation,
(e)
the sewerage undertaker whose sewerage system includes the plant, and
(f)
any other persons that the Secretary of State considers appropriate.
(6)
A direction or revocation under this regulation—
(a)
is to be made in writing, and
(b)
takes effect—
(i)
on the day specified in the direction or revocation, or
(ii)
if none is specified, on the day on which it is made.
(7)
As soon as practicable after making or revoking a direction under this regulation, the Secretary of State must—
(a)
notify—
(i)
the Environment Agency,
(ii)
Natural England,
(iii)
every plan-making authority who appears to the Secretary of State to be affected by the direction or revocation, and
(iv)
any other persons that the Secretary of State considers appropriate, and
(b)
publish the direction or revocation.
110C
Regulations 110A and 110B: interpretation
(1)
In regulations 110A and 110B and this regulation, the following terms have the meanings given by section 96J of the Water Industry Act 1991—
“nitrogen significant plant”;
“nitrogen nutrient pollution standard”;
“nutrient pollution standard”;
“phosphorus significant plant”;
“phosphorus nutrient pollution standard”;
“plant”;
“sewerage system”, in relation to a sewerage undertaker;
“treated effluent”;
“upgrade date”.
(2)
For the purposes of regulation 110A, “outperformance” by a plant, in relation to a nutrient pollution standard, occurs where—
(a)
the plant meets the standard before the upgrade date, or
(b)
the total nitrogen concentration (in the case of a nitrogen significant plant), or total phosphorus concentration (in the case of a phosphorus significant plant), in treated effluent that it discharges is less than the concentration specified in section 96F(1) or (2) (as the case may be) of the Water Industry Act 1991 that applies to the plant.””
Member's explanatory statement
This new Schedule requires authorities, when making assessments required by the Conservation of Habitats and Species Regulations 2017 for planning-related decisions, to assume that sewage disposal works will meet the relevant pollution standards introduced by NC77 by the relevant upgrade date. It will be introduced by a new Part to be inserted after Part 5.