Greater Norwich Local Plan Update 15.03.2024

Key Update

• GNLP will be adopted which includes policy 7.5 relating to windfall developments.

• Policy 7.5 will permit up to 3 self build plots next to existing development

• Several areas this effects are outside nutrient neutrality

• South norfolk broadland lacks a 5 year land supply

• Proposals must comply with other planning policy 

• Applicants must be registered on the Self Build register

• It is likely all such applications will need to be decided at appeal. 

Greater Norwich Local Plan

The updated GNLP was adopted by Norwich City Council on 12th March 2024. It is due to be adopted by South Norfolk Council on 25th March 2024 and Broadland District Council on 28th March 2024.

Policy 7.5 Self build and Custom Build

The above adoption brings in a new policy which opens up a considerable number of sites for development adjacent to development boundaries and existing developments. This is subject to certain caveats:

Adjacent to Development Boundaries

Sites are permissible which sit directly adjacent to development boundaries and comply with all other planning policies. It is key the sites are directly adjacent to the boundary and can not have other developments between it and the boundary. This has been implemented to prevent existing villages from sprawling out into the countryside.

Adjacent to existing development

Sites are permissible which are directly adjacent to existing ‘other settlements’ without defined settlement boundaries. The term ‘other settlements’ is not clearly defined in the policy and has therefore been left to interpretation. DFAL feels this results in a grey area which the Local Authorities will likely use to refuse applications. These sites are also restricted on having to be directly adjacent to the settlement without recent development in between. Again the definition of recent has not been expanded.

All proposals for self build and custom build proposals will also need to demonstrate compliance with:

• Housing density matching that of the existing development

• Ration of building footprint to plot are is consistent with existing development

• No adverse impacts on landscape and natural environments.

• Proposal accord with all other planning policies.

• Proposal when considered with other developments in the GNLP area, would not result in overdevelopment in any settlement country to the Sustainable Growth Strategy. Predicted windfall from this policy is 800 homes up to 2038. Approximately 58 houses a year from this policy. 

Self Build Register

It would appear applicants for such sites would be required to be registered on the local authorities self build register. Each local authority has its own register.

• Norwich City Council £50 registration fee then £50 yearly.

• Broadland District Council £100 registration fee then £100 yearly.

• South Norfolk currently has no charge.

• Broads Authority currently has no charge.

It would appear applicants must also be resident in the local authority for at least 3 years where the potential site is located.

The ultimate occupier of the completed plot must occupy the plot as there sole residence for at least 3 years from completion of the dwelling.

DFAL commentary 

Due to the wollyness of the policy wording it is expected that the first batch of applications attempting this route will need to be decided at appeals due to Local Authorities reluctance to set any precedents for development. It is highly likely that such applications will always have to be decided at appeal as Local Authorities will not wish to be seen to ratify this approach to development. 

Biodiversity Net Gain Update 16.01.2024

Key Update

• BNG requires an increase of biodiversity either on or off site by 10%.

• BNG comes into force on applications 10 or more dwellings or more than 1000m2 commercial floorspace  in January 2024

• BNG comes into force for smaller sites (less than 10) in April 2024.

• Small sites will be subject to a less onerous process using the ‘small sites biodiversity metric’.

• Habitats created will need to be secured for 30 years.

• Permitted, Householder and Self Build Applications are exempt but still may have biodiversity conditions imposed.

• 30 January 2020 is established as the base date for measuring biodiversity and an ‘anti trash’ measure

What Is Biodiversity Net Gain (BNG)

Brought in by the 2021 Environment Act, BNG is the requirement for all planning applications to demonstrate a measurable increase in biological diversity on site. This includes creating habitat for but not limited to: birds, bats, insects, plants, bacteria, fungie, mammals etc. The key point is the increase must be measurable under DEFRA’s biodiversity metric which will result in additional planning conditions to be discharged prior to occupation and which will be enforced for at least 30 years.

How is BNG measured

BNG will be measured using calculators provided by Natural England to establish a baseline for the site as existing which must be undertaken by an Ecologist or competent person. This will involve the identification of habitats and total area they cover. 

Once baseline is established the proposal will be entered into the calculator to indicate its current BNG. If this falls below the required 10% amendments will be required to the landscaping proposal to modify the habitats on site to reach the threshold. These habitat modifications will be secured by planning conditions. 

Definition of small site

For residential: where the number of dwellings to be provided is between one and nine inclusive on a site having an area of less than one hectare, or where the number of dwellings to be provided is not known, a site area of less than 0.5 hectares.

For non-residential: where the floor space to be created is less than 1,000 square meters OR where the site area is less than one hectare.

Exemptions

• Householder development

• Permitted development

• Small scale self/custom build developments of no more than 9 dwellings and is carried out on a site no larger than 0.5 hectares

• Sites where baseline BNG is zero

• Applications submitted before BNG is implemented

• Section 73 Variation of Condition applications where the original was granted before January 2024 or the application for the original was submitted before January 2024 (or April 2024 for non-major applications)

• Reserved matters applications on outline permissions issued before January 2024 (or April 2024 for non-major applications).

What will be required

Planning Applications affected by BNG will require additional documentation and processes as part of the submission to demonstrate compliance. These are:

• BNG calculator as note above

• Site Plan indicating the types of habitats and coverage areas

• A proposed Site plan indicating the changes in habitat areas and areas created.

• Habitat management and monitoring plan for BNG (min 30 years)

• Discharge of the imposed prior to commencement condition whoms wording is yet to be released.

• BNG improvement works must start within 12 months of a development's commencement.

On Site

The intention of the legislation is for as much of the BNG to be addressed on site. This will also in all likelihood be the cheapest approach. 

Retention of existing habitat does not count as an on-site enhancement.

What counts as a significant enhancement will vary depending on the scale of development and existing habitat, but these would normally be: 

• habitats of medium or higher distinctiveness in the biodiversity metric 

• habitats of low distinctiveness which create a large number of biodiversity units relative to the biodiversity value of the site before development

• habitat creation or enhancement where distinctiveness is increased relative to the distinctiveness of the habitat before development  

• areas of habitat creation or enhancement which are significant in area relative to the size of the development  

• enhancements to habitat condition, for example from poor or moderate to good  

Examples of significant enhancements include creating a wildlife pond or a nature park.

Non-significant enhancements 

Non-significant enhancements are habitat enhancements that will be included in your metric calculations, but that will not make a significant difference to the development’s biodiversity value.

Examples could include private gardens (such as for new homes) which have a low distinctiveness value, or container planting. These enhancements do not normally require maintenance provisions, so for non-significant enhancements, you do not need to have an legal agreement or commitment to maintain them for 30 years. 

Off Site

If on site mitigation is not enough to reach a 10% increase then land nearby can be earmarked for improvements of a similar nature to those noted above. However the distance to the development affects the efficacy of the improvements by a scaling factor. I.e. the further the off site mitigation is away from the development the less biodiversity value it is worth in the calculator. 

The improvements off site will need to be in a similar vein to those that would be proposed on site.

Statutory Credits

Finally if neither on or off site provision is available a statutory credit or part there off can be purchased. It should be noted that these credits are extremely expensive, currently sitting at a starting price of £42000 per credit which again are scaled by distance to the site. 

Office Christmas Closure 2023

Our offices will be closed from midday day December 22nd an opening again at 8:30am Tuesday 2nd of January.

We would like to wish everyone a happy holidays and look forward to working with you all again in the new year.

Planning Applications Fee Update 24.11.2023

Key Updates

• From December 6th planning application fees in England will increase by 25% and 35% for major schemes

• The ‘free go’ resubmission is to be abolished for applications submitted after December 6th.

• A fee will be introduced for prior approval applications regarding development on Crown or closed Defence Sites.

• Planning Fees will now rise annually from April 2025 linked to inflation (capped at 10%)

• The ‘planning guarantee’ has been shortened from 26 weeks to 16 weeks.

Cut off for submissions

Any planning applications which are to be submitted under the old fee structure will need to be lodged on or before 5th December 2023 to allow time for processing. Any applications submitted after this date either through the Planning Portal or to the Local Authorities will be charged at the new rates.

Removal of ‘free go’

Previously if an application was withdrawn or refused there was the option to re-submit within a period of 12 months and similar applications with more information or revisions. From the 6th December this will no-longer be the case for applications submitted after this date.

This presents what this practice feels is a significant challenge for planning applications in the future as with the option of a ‘free go’ removed  it greatly reduces the flexibility of the planning system. Taking into account the current attitudes we deal with from the planning authorities we foresee that this will significantly increase the number of planning appeals submitted.

Nutrient Neutrality Update 01.11.2023

Key Updates

• Norfolk Environmental Credits Ltd (NEC) will be releasing the first set of credits for the River Yare catchment in November.

• No target date has been set for the Bure and Wensum Catchments.

• Site information must have been submitted to NEC to be put on the waiting list. 

• NEC will prioritize sites with the lowest phosphate discharge.

• Cost per 0.1kg/yr will be £2400+VAT.

• There may be an announcement regarding changes or abolishment of Nutrient Neutrality in the King's speech on the 7th November

Norfolk Environmental Credits Ltd (NEC)

In the latest update, it has been announced that the first round of nutrient neutrality credits for the Yare catchment will be priced at £2,400+VAT per 0.1kg/yr Total Phosphorus, which also includes the nitrogen mitigation required for development sites. Payment for these credits will be required upfront. The allocation of credits will prioritize sites with the lowest need for phosphorus mitigation within the Yare catchment.

Kings Speech

The UK government is considering introducing a new bill to change or eliminate "nutrient neutrality" rules that currently restrict housing development in areas with protected habitats. 

A recent report in the Sunday Telegraph suggested that the government might announce the bill in the King's Speech, although it noted that this was not guaranteed, as it would require shelving another piece of legislation. The bill aims to allow more housing construction by potentially scrapping nutrient neutrality rules.

At the Conservative Party Conference, both the Secretary of State for Levelling Up, Housing, and Communities, Michael Gove, and DLUHC Minister Rachel Maclean confirmed the government's intent to bring forward a bill to eliminate nutrient neutrality rules. However, a previous attempt to amend the Habitats Regulations to achieve this was defeated in the House of Lords in September 2023 and was not added to the Levelling Up and Regeneration Bill for that year.

The proposed changes have generated significant debate and reaction, with environmental concerns playing a central role in discussions.

Nutrient Neutrality Update 25.09.2023

Unsurprisingly the House of Lords on the 13th September has voted against the amendment to the Housing and Levelling up bill with a vote of 192 against and 161 for. Meaning Nutrient Neutrality will remain in place.

As stated in our update on 30.08.2023 are coming online so despite the above set back things will start moving soon.

We will continue to monitor the situation closely and provide further updates as they arise.

Nutrient Neutrality Update 30.08.2023

Key Updates

• Norfolk Environmental Credits Ltd (NEC) will be releasing the first set of credits for the River Yare catchment in the next few weeks.

• No target date has been set for the Bure and Wensum Catchments.

• Site information must have been submitted to NEC to be put on the waiting list. 

• NEC will prioritize sites with the lowest phosphate discharge and have been delayed the longest. 

• The cost of credits has still not been released.

• 3000 homes are expected to be able to be determined following the first credit issue.

• Micheal Gove and Rishi Sunaks visit to Hethersett should be taken with a pinch of salt.

Norfolk Environmental Credits Ltd (NEC)

NEC has stated on their website and we have been informed by some local authorities that over the coming weeks applications will be invited to purchase NN credits for off site mitigation. Two key points must be considered in this first issue:

• These credits relate only to sites within the Yare river Catchment and/or Whitlingham water treatment plant.

• Information must have been submitted to NEC to be included on their waiting list.

If we are acting as your agent for an application and your application is on hold due to NN we will have submitted your application to NEC in May of this year when their website first came online. 

NEC has stated they will allocate credits prioritizing sites with the lowest phosphate needs that have faced the most extended delays due to NN. To facilitate this it is imperative the NN budget calculator is completed and submitted to both the Planning Authority and NEC.

NEC believe their first issue will release some 3000 homes currently stuck in the planning system. However this falls some way short of the estimated 16000 homes on hold in the region in May this year.

EPD article 29th August

You may have seen the recent EDP article detailing the Prime Minister and Secretary of State for Levelling Up visit to Taylor Wimpey’s development in Hethersett where they announced their intention to overturn Nutrient Neutrality (NN) as an amendment to the Levelling up and regeneration bill which is imminently to be signed into law. 

This should be taken with a large pinch of salt as it is this practices opinion that the government does not hold the power to overturn NN. This is because the issue stems from a European Court of Justice decision from 2018 in the Netherlands (known as the ‘Dutch Nitrogen Case’). This Practice suspects that even if an amendment to the Bill is passed a UK Supreme Court case will be raised immediately but environmental campaigners and possibly Natural England itself to reinstate NN.

Nutrient Nutrality Update 24.05.2023

Key Updates

• Currently an estimated 16000 houses are on hold in the Nutrient Neutrality area.

• We have been informed the first credits for purchase will be available ‘by the end of the summer’ for the Yare catchment area. Wensum catchment following and finally Bure.

• Credits are expected to be £5000 for a credit to cover 0.1P/yr. This will roughly equate to £5000 per dwelling dependant on catchment.

• Norfolk Environmental Credits Ltd (NEC) expects to have credits available for all planning applications currently on hold.

• A streamlined Shadow Habitat Regulations Assessment (SHRA) form is in development for sites below 10 dwellings.

• All applications must submit their completed NN calculator to NEC for credit quotation purposes.

• A subsidiary company is in the works to buy credits from dwellings which upgrade from septic tanks to package treatment plants. 

• NEC will look to sell other credits in the future including net biodiversity gain. 

DFAL were in attendance at a meeting on 22nd May 2023 to update the industry on Nutrient Neutrality and the new credit brokerage company which has been brought into existence. 

Norfolk Environmental Credits Ltd (NEC)

NEC has been set up as a credit brokerage to act between developers and credit suppliers. It has been stated that NEC has been set up as a non-profit organization and all fund generated will be routed to the implementation of further mitigation schemes. 

We understand the credit suppliers will be private landowners whom will retain ownership of the land but will agree to changing the long term land use. NEC will pay landowners for this. 

Some funds will also be directed to Anglian Water subsidy Anglian Water Venture Holdings for the upgrade of treatment plants in affected catchments to a level over and above the statutory requirements which are discussed later.

NEC will also be making an application to the Local Nutrient Mitigation Fund for funding to assist in the implementation of mitigation solutions. It was indicated that £10mill may be made available by the central government for this effort. 

Mitigation Schemes

Royal Haskoning (RH) were present with a general update of their work. RH has mapped all planning applications on hold and identified areas where mitigation will be most effective. RH proposals cover anticipated development up to 2038. A portfolio of mitigation methods have been proposed which will include:

• Riparian Buffers

• Wet Woodlands

• Change of farmlands

• Upgrades of existing social housing stock

• Septic tank upgrades to treatment plants

Anglian Water (AWA)

Anglian water’s Richard Boucher was present and explained their approach to the problem. At this time AWA are detailing their upgrade plans spanning from 2025 to 2030. The extent of these upgrades is subject to the content of the Levelling Up and Regeneration Bill which has recently been amended to include further requirements for the water companies to address Nitrogen and Phosphate pollution.

It was made clear that the statutory required upgrades to treatment works would not form NN credits, however they would reduce the calculated run off and would thus reduce the costs of credits to mitigate. AWA has identified 15 sites in Norfolk for potential upgrades and subject to the content of the above bill are expecting the following sites to be improved: Dereham by 2025, Fakenham by 2025 and Whitlingham by 2027. 

It was indicated that funding from NEC would be used to upgrade treatment works in the catchment areas to over and above the statutory level. Again this would not directly create a credit but rather reduce calculated run off.

DFAL Commentary

This issue is now a year on and the number of homes on hold is now over 16000. This does not take into account those planning applications which have not been submitted in the last year due to the NN issue not warranting the investment. The housing on hold represents an approximate gross sale value of £4.5 billion based on the average Norfolk house price. A significant portion of revenue for builders large and small which is still stuck in the planning system.

It appears however that things will finally be able to get moving again by the end of summer in the Yare catchment area at least. It was not made clear when the Wensum and Bure catchments would come online.

It is anticipated that when the planning system does start moving again there will be significant delays in approval being issued for applications old and new due to the backlog of applications. If you have a site on which you are considering a planning application, now may be the time to begin the process. If late summer is achieve for the credit scheme as stated a project undertaken now would within reason be ready for submission just as the credit scheme comes online. 

SuDs Update 17.04.2023

Key Points

• Developments of single building or permitted development below 100m2 are exempt

• Developments not except will have to adopt a SuDs design and strategy

• SuDs installations will have to be adopted by the Local Water Authority

• SuDs systems will have to be approved by the Local Water Authority 

• SuDs systems will have to be constructed to an adoptable standard

Update Summary 

Following a review, it has been recommended that Schedule 3 of the Act be commenced in England, subject to final decisions on scope, threshold, and process once a full regulatory impact assessment has been consulted on. The SuDS Approval Body (SAB) will sit within the Local authority or, if there is not one for the area, then it will sit within the county council.

The revisions to the Flood and Water Management Act will likely have an impact on the construction industry, particularly on new developments. The requirement for sustainable drainage systems (SuDS) to be implemented on new developments will increase costs and may require changes to site layouts and designs. Developers will need to factor in the cost of installing and maintaining SuDS when considering the viability of new projects. Additionally, the need for drainage approval and adoption may also affect the development process and timelines. However, it is important to note that the revisions aim to improve flood management and reduce the risk of flooding, which could have long-term benefits for the construction industry and wider society.

Not all SuDS systems are proposed to be adopted. The Schedule 3 of the Flood and Water Management Act 2010 requires that new developments in England and Wales manage surface water run-off through sustainable drainage systems, but it does not require the adoption of all types of SuDS systems. There are certain exemptions to the duty to adopt a drainage system, and the exact exemptions will be agreed during policy development and consulted on. The review did not conclude exactly which exemptions will be taken forward as further work with relevant parties is required. The following were confirmed to be exempt, single buildings under 100 square metres, and permitted development under 100 square metres will not require approval.

Nutrient Neutrality Update 20.03.2023

Key Update

• No Nutrient Neutrality Credits are yet available for purchase.

• There is a potential conflict of interest between the planning authority and credit scheme company. 

• Natural England have commented on the Norfolk Nutrient Budget Calculator and have not accepted it in its current format.

Credit Scheme

The Natural England Nutrient Mitigation Scheme provides funding for nature-based solutions to benefit small and medium-sized developments in Norfolk. Credits can be purchased to enable development to be permitted. However, progress has been slow and no credits are currently available. A new Joint Venture called Norfolk Environmental Credits Ltd has been formed with the aim of developing mitigation solutions to help lift the brake on planning applications. The establishment of mitigation solutions is necessary for planning permissions to be granted. Until mitigation solutions are established, applicants will have to agree to an extension of time or applications may be refused.

In addition to the information provided in the previous summary, it is worth noting that Phil Courtier, who is the Head of Planning at Broadland and South Norfolk District Council, is also the sole director of Norfolk Environmental Credits Ltd. This has raised some concerns about potential conflicts of interest, as Mr. Courtier is responsible for making planning decisions that could benefit the joint venture in which he is involved. It is important for local authorities to ensure that there is transparency and accountability in such situations to avoid any perception of impropriety.

Norfolk Calculator

Natural England has responded to a consultation regarding the Norfolk Nutrient Budget Calculator. The email notes that the approach adopted by the Norfolk calculator is consistent with that of the Natural England nutrient budget calculator but highlights three elements where the approach differs: occupancy rates, water usage, and WwTW discharge concentrations. The email provides detailed comments and advice regarding these three elements. Regarding occupancy rates, Natural England advises that locally relevant data should be used to derive an appropriate occupancy figure for Norfolk. For water usage, Natural England advises against removing the additional 10 liters per person, per day, and recommends a more precautionary approach. Regarding WwTW discharge concentrations, the email notes that the Norfolk calculator uses a hybrid approach and advises the Norfolk authorities to ensure that the figures used in the calculator do not underestimate the nutrient load of new development.

2023.01.20 Breckland Call for Sites Update

Key Dates

Regulation 18 consultations (Call for sites process)

- Call for Sites and June 2022 – December 2022

- First Conversation Consultation (Issues and Options) January – April 2023

- Preferred Options and draft Plan Consultation October 2023 – January 2024

Regulation 19 consultation (Identifying/allocating preferred sites)

-Publication Draft Plan consultation July 2024 –September 2024

-Submission for examination December 2024

DFAL Comments

For those of you with sites submitted within the consultation or those looking for potential development sites the key date to mark above is October 2023. The publication of the preferred options will give a good indication of which site will be included in the new Local Plan. Any sites included within this also gain preference in any planning applications made on the land. 

We expect the local plan will show preference for sites that are outside the Nutrient Neutrality (NN) Zone to allow sites to be deliverable and maintain the Breckland 5 year land supply. The below map indicated the extent of the NN zones within the Breckland area. 

Further information 

Local plan review –

https://www.breckland.gov.uk/article/2959/Local-Plan-Review

 Full plan review / Call for sites process -

https://www.breckland.gov.uk/article/19942/Local-Plan-Full-Update

Solar Panel Guide

Following on from a client we assisted after they had had some solar PV installed onto a flat roof by a tradesman without proper knowledge which resulted in significant structural rectifications being required we have put together this quick guide to help anyone considering solar panels.

If you are in any doubt please contact use and we would be happy to guide you through the process.

Breckland Local Plan: Call for Sites Consultation Extended to December 1st 2022

Breckland strategic planning to better understand the availability of sites for allocation is undertaking a 'call for sites' which has been extended to December 1st 2022. This is open to site promoters, town and parish councils, residents and others to submit sites to the Council for consideration. The 'Call for Sites' is the opportunity for individuals, landowners and developers to suggest sites within the District for development over the next 20 - 30 years.

This Consultation is in 2 parts:

The first is a call for development sites. These can be for any form of development including residential, industrial or commercial.

The second is a call for Local Green Spaces. These are areas of land that are of particular importance to a local community.

If you have a site with development potential in the Breckland Area and wish to have it submitted please let us know and we would be happy to assist.

Nutrient Neutrality Update 16.09.2022

DFAL were in attendance of the Joint Councils Meeting on Monday 12th September to update the industry on the Nutrient Neutrality requirement. During the meeting the Joint Councils consultant Royal Haskoning made a presentation of the refined catchment maps and nutrient budget calculator (both of which are still to be agreed with Natural England).

The pollution

During the presentation Royal Haskoning presented two telling pie charts which are repeated here indicating the source of pollution within the two catchment areas. As can be seen urban only accounts for 18% and 7% of the total pollution in the area. The main contributors are Anglian Water (STW sewage treatment works), livestock and agriculture. 

Catchment mapping and edge cases

Refined catchment mapping was present which is yet to be published. It was explained that the catchment area will change slightly and a refined edge will be published with a zoomable map to allow exact determination of in or out. The new catchment maps are also set to include Foul water and Surface water catchment layers to allow confirmation if a site lays with one (1), other (2) or both (3). This presents edge cases demonstrated in the diagram which may fall only into one category of catchment.

Mitigation and getting the planning system moving

Mitigation of large scale sites was discussed, with their ability to offer land for conversion to a mitigating land use will potentially allow them to move forward if robust cases along with the refined calculator are provided. It was indicated this could potentially occur before Christmas 2022.

Mitigation of small sites remains in question. It was indicated that as anticipated a levy will be created to allow purchase of ‘credits’ to mitigate nutrient run off. The nature of these credits was not defined however a very rough indication of cost was provided between £5000-10000 per dwelling. No indication was given as to when this might be implemented.

A refined budget calculator was presented and demonstrated. This new calculator now indicates the area of land which would be required to changed into a different use to mitigate the proposed development. An example of 20 dwellings was used which resulted in an area of 50Ha wetland being required to mitigate the Nitrogen run off. Indicating that around 2.5HA per dwelling is required which is frankly completely unrealistic.

Programme for Adoption

Adoption for the catchment maps and revised calculator are subject to agreement from Natural England and the Joint Local Authorities. It was indicated that this should be resolved by the end of September 2022.

DFAL Commentary

While waiting for the meeting to begin DFAL MD Tom Ayers undertook some rough calculations regarding the Gross National Product (GNP) for the region produced by the Companies and representatives present. According to the office of national statistics the East of England’s area's GNP in 2018 was £186mill, accounting for inflation this is now £200mill. Those present on monday represented at least 5% of the GDP, in turn those they worked for or represented would likely represent at least another 5% of the GDP, the majority of which now have projects on hold. In any economy if 10% of the GDP is at risk this would signal a major risk of recession and without a doubt this is heading towards a Local recession.

Six months on from the notification from Natural England and still nothing has moved, developers large and small are no closer to achieving planning permission. Research from the Home Builders Federation shows that the firms they represent alone 10490 homes are on hold in the Broadland and Wensum areas at various stages of planning application. The Federation estimates they represent 80% of home builders in the area which would indicate over 13000 houses are on hold in the catchment area with little light at the end of the tunnel.

The Development Process

Initial sketch

A rough outline to play with forms and shapes, nothing is firm or fixed. Lines are drawn and over drawn to the point of incompressibility. 

Refined sketch

Forms and shapes identified in the rough sketch are refined into more realistic sizes and shapes. Positions are refined and detail added.

Refined Design

Design is simplified and essence distilled into a more refined form. Elements are added and removed to adjust the form further.

Nutrient Neutrality Update 08.06.2022

DFAL were in attendance at a meeting called by Norwich City Council and Broadland South Norfolk jointly to update the industry on Nutrient Neutrality (NN) in Norfolk. The Key takeaways from the meeting were:

• Agree to Local Authorities requested extension of time

• Be Patient

Ultimately there is still no solution to nutrient neutrality and therefore still no way to demonstrate compliance. 

What this means for you

If you have a Planning Approval in place, you remain unaffected.

If you have a live application lodged with the Planning Authority which forms overnight accommodation, it remains on hold and an extension of time for the application must be agreed or you will risk receiving a refusal.

For commercial applications that would draw customers from outside of the NN catchment areas, these applications are on hold and an extension of time for the application must be agreed or you will risk receiving a refusal.

If you will be shortly applying for a planning application which includes overnight accommodation or commercial operations that would draw customers from outside of the catchment area, the planning authority will immediately request an extension of time until at least November 2022.

The Councils anticipate time scales

Short Term (1-5 Weeks)

• Publication of detailed strategy and catchment maps

Medium Term (6-12 Weeks)

• Review and publication of new calculator

• Publication of short term interim mitigation strategy

Long Term (February 2023)

• Preparation and adoption of long term mitigation strategy

Potential anticipated mitigation methods

Short Term

• Installation of water efficiency measures in existing council housing stock

• Short term land changes

  • Cover crops

  • Sediment traps

  • Feild buffer stips

• Short term land change of use

  • Fallow

  • Cover Crops

• SUDs

  • Rainwater harvesting

  • Grey water harvesting

  • Soakways

• Review of expired permissions to establish ‘head room’

Long Term

• Permanent change of agricultural land to woodlands, wetlands, heathlands or grasslands.

• Formation of treatment wetlands

• Wastewater treatment plant upgrades.

Developer mitigation

No guidance was given on how developers might mitigate nutrient run off, but it was discussed that either a Levy would be imposed or an intermediary would make nutrient credits available for purchase (similar to carbon credits) to mitigate a developments run off.

DFAL commentary

What was clear to us at the meeting was that the mitigation is not for individual developers to undertake and as we suspected the key to dealing with this matter is the Statutory Authority Anglia Water (who were not present). Ultimately, foul water discharged to a public sewer ends up in their treatment plants before being discharged to the environment at large. Anglian Water has supposedly earmarked £800 Million for improvements to there infrastructure, however it was abundantly clear that this was significantly less than was required to bring their treatment system into a nutrient neutral state (despite AWA posted profit for 2021 being £94 million). On top of this Anglian Water has repeatedly discharged untreated sewage into the catchment areas during storm events, further polluting the river.

More information on AWA storm surge discharges can be found here: https://experience.arcgis.com/experience/e834e261b53740eba2fe6736e37bbc7b/page/Map/ 

The Local Councils are scrambling to create “head room” in the nutrient discharge, to allow the planning system to begin moving again for developments that can demonstrate mitigation. However it was suggested that this ‘head room’ would be assigned to developments in some way, but again, no clear guidance was provided on how this might be allocated or on what basis.

DFAL will continue to monitor the situation closely and provide further updates as we know more.

Building regulations update June 2022

Breckland Local Plan: Call for Sites Consultation April 4th to May 20th 2022

Breckland strategic planning to better understand the availability of sites for allocation is undertaking a 'call for sites' between April 4th and May 20th 2022. This is open to site promoters, town and parish councils, residents and others to submit sites to the Council for consideration. The 'Call for Sites' is the opportunity for individuals, landowners and developers to suggest sites within the District for development over the next 20 - 30 years.

This Consultation is in 2 parts:

The first is a call for development sites. These can be for any form of development including residential, industrial or commercial.

The second is a call for Local Green Spaces. These are areas of land that are of particular importance to a local community.

If you have a site with development potential in the Breckland Area and wish to have it submitted please let us know and we would be happy to assist.

URGENT Information regarding Planning Applications Norfolk Area

Nutrient Neutrality

We have been informed by two Norfolk Planning Authorities to date that planning applications in relation to the list below within the area marked in yellow on the map below are on hold for the foreseeable future.

This includes:

• new homes

• student accommodation

• care homes

• tourism attractions

• tourist accommodation

• permitted development (which gives rise to new overnight accommodation) under the Town and Country Planning (General Permitted Development) (England) Order 2015

• any development not involving overnight accommodation, but which may have non-sewerage water quality implications

All local planning authorities in Norfolk received a letter on 16 March 2022 from Natural England about nutrient pollution in the protected habitats of the River Wensum Special Area of Conservation and the Broads Special Area of Conservation and Ramsar site.

Unfortunately, we have very little information or details to pass on to you at this stage, however, whilst Planning Authorities assesses the implications of these matters (Nutrient Neutrality), the Council cannot lawfully conclude that development within the catchment of the River Wensum or the Broads Special Area of Conservation and Ramsar site will not have an adverse effect. Therefore, until these matters are resolved, the Council will not be able to grant planning permission for developments comprising overnight accommodation within the affected catchments.

Unfortunately, we cannot provide you with much further detail at this stage regarding the Nutrient Neutrality but trust that this email is at least of assistance in making you aware of the issues. Local Authorities are working with Natural England to better understand the implications and identify possible options for mitigation to ensure sustainable development can proceed. Unfortunately, it is not possible to state how long this may take to resolve.  

North Norfolk have kindly provided a link that will be updated with news regarding this:

Home | Nutrient Neutrality (north-norfolk.gov.uk)

GIRAMS

From the 31st March 2022 All Norfolk Councils will introduce a GIRAMS tariff to the following types of developments:

• all new residential development in current site allocations and

• windfall (excluding replacement dwellings and extensions);

• houses in multiple occupancy;

• student accommodation;

• residential care homes and residential institutions (excluding

• nursing homes);

• residential caravan sites / mobile homes / park homes; gypsies,

• travellers, and travelling showpeople plots; and

• residential moorings, holiday caravans, touring pitches and

• campsites.

The tariff will be set by each council but has been indicated to be in the region of £185 per dwelling. This we understand is to be secured by a Unilateral Undertaking under Section 106. Norwich City Council has indicated that to validate an applicable the Unilateral Undertaking must be submitted with the application.

The Norfolk GIRAM Strategy can be found here: https://www.norwich.gov.uk/downloads/file/7644/norfolk_giram_strategy

How this affects you

If you have a Planning Application within the Yellow marked area on the above map of the nature described this is now on hold until further notice. This also applies to any new applications made.

If you will be applying for a planning application after the 31st March 2022 of the nature described it will be subject to a GRAMS tariff and require a Unilateral Undertaking to form part of the planning application.

Looking Forward 2022

DFAL is excited to start a new year with many interesting projects in the pipeline for Clients old and new. We hope this year will bring a measure of normalcy back into everyone's lives and look forward to a productive and constructive year ahead.

If you have a site or project you would like us to review please get in contact. From houses to commercial units or perhaps something a little special we are here to assist you realize your aspirations.