Small house-builders across Somerset are still facing severe challenges due to the ongoing “catastrophic” phosphates crisis that has stalled new housing developments. Following a Dutch court ruling and Natural England’s legal advice issued in August 2020, any new development within the Somerset Levels and Moors catchment area must implement additional mitigation measures to prevent any net increase in phosphates entering the environment.
Initially, this requirement halted around 18,000 homes in the region as developers sought solutions with local authorities. Strategies include fallowing agricultural land, creating wetlands, and upgrading wastewater treatment plants. While the backlog has now reduced to about 12,000 homes, substantial obstacles remain for smaller developers who struggle to afford upfront mitigation alongside rising costs.
Chris Winter, managing director of West of England Developments in Taunton, shared insights on the persistent difficulties in an interview with the Local Democracy Reporting Service. He described the initial stage of the crisis as “catastrophic,” noting that Natural England delegated responsibility without granting local authorities decision-making powers, causing major delays. Winter emphasized that development contributes only a small fraction of phosphate pollution, with around 50% attributed to agriculture and 40% to the existing population.
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Winter’s company recently secured permission to build 200 homes on Nynehead Road in Wellington, a key site connected to the town’s new railway station plans. However, before construction could start, the company had to invest £1 million in phosphate credits purchased through a private firm providing upgrades to septic tanks, enabling more effective phosphate removal. Despite such investments, smaller projects elsewhere are stalled because the financial risks of securing phosphate credits without guaranteed planning permission are too high.
The complexities extend beyond phosphate mitigation. Since January 2024, all new developments in Somerset must also achieve a biodiversity net gain of 10%. Winter highlighted that this is especially difficult for small builders who cannot generate credits from garden enhancements and lack surplus land. Conversely, larger developers often benefit from managing extensive land parcels, giving them a competitive advantage.
Somerset Council is reviewing new legal advice recognizing that phosphate removal already achieved by Wessex Water’s wastewater treatment plants can count toward mitigation. A revised nutrient neutrality policy is expected by September 2024, which Winter welcomes, but he cautions that transitions must be carefully managed to avoid further delays or legal challenges. He calls for more proactive collaboration between developers and local authorities to navigate the crisis.
Councillor Henry Hobhouse, active in advocating for more rigorous scientific phosphate monitoring, aligns with calls for better evidence to guide policy. As Somerset aims to restore the health of the Levels and Moors, balancing environmental protection with sustainable housing development remains a complex challenge for all stakeholders.