Somerset Council is exploring the possibility of disregarding long-standing legal advice linked to phosphate regulations, which has delayed approximately 12,000 new homes across the county. This move comes as efforts to mitigate phosphate impacts on the Somerset Levels and Moors—an ecologically sensitive area protected under international law—have created significant barriers to development.
The legal restrictions stem from the 2020 Dutch N court ruling and subsequent Natural England advice, requiring developers to offset any potential increases in phosphate levels caused by new construction. Phosphates entering waterways from agricultural runoff, sewage, and other sources can fuel harmful algae blooms, damaging aquatic ecosystems by depleting oxygen.
Since the ruling, Somerset Council has pursued multiple mitigation strategies including negotiating site-specific agreements with developers, fallowing farmland, creating new wetlands, and initiating upgrades to wastewater treatment facilities. These efforts have been funded in part by a £9.6 million government grant aimed at innovative phosphate reduction projects.
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In March, Councillor Henry Hobhouse obtained independent legal advice suggesting that Wessex Water’s ongoing upgrades to sewage treatment plants—which will be completed by April 2030—are already sufficient to offset the phosphate load associated with all delayed housing developments. Following further legal review, the council is now poised to challenge Natural England’s advice, potentially clearing the planning backlog and easing the county’s housing crisis.
Currently, 18,000 homes were initially stalled by the ruling. Of these, nearly 11,550 homes have received planning approval with agreed phosphate mitigation, including ‘phosphate credits’ that allow additional developments. However, around 6,400 homes remain on hold pending solutions to the phosphate issue. Compounding the challenge, the government recently increased Somerset’s annual housing target by 41%, escalating the need for decisive action.
Water companies, particularly Wessex Water, have committed to extensive upgrades mandated by the Levelling Up and Regeneration Act 2023 to further reduce phosphorus pollution. These upgrades exceed permit requirements, with Wessex Water estimating its improvements enable the capacity for the equivalent phosphate load of 205,000 new homes.
Voices from the community and council express support for overturning existing constraints. Resident David Orr criticized the current approach as economically and socially damaging without significantly restoring the Levels and Moors. Councillors advocate for a pragmatic policy shift that balances ecological restoration with urgent housing needs.
The council awaits a formal response from Natural England regarding the proposed change in developer requirements. Any policy update will be considered by the strategic planning committee by March 2026, potentially marking a pivotal moment in Somerset’s housing and environmental planning.