Somerset Council is exploring a bold move to accelerate the construction of thousands of new homes by potentially disregarding existing legal advice tied to phosphate pollution control. Approximately 12,000 homes across the county remain stalled following a Dutch N court ruling and subsequent guidance from Natural England requiring developers to mitigate phosphate impacts on the environmentally sensitive Somerset Levels and Moors.
Phosphates—originating from fertilizers, agricultural runoff, and sewage—contribute to serious ecological harm by fueling algae blooms that deplete oxygen in water bodies, damaging river and wetland habitats. The Dutch N ruling prohibits developments that increase phosphate or nitrate levels within internationally protected Ramsar sites, directly impacting multiple Somerset catchment areas.
Since the ruling, Somerset Council has engaged in various mitigation strategies including fallowing farmland, establishing wetlands, upgrading sewage treatment plants, and implementing phosphate credit schemes funded through a £9.6 million government grant. While some progress has been made—approving nearly 5,800 homes with mitigation in place—over 6,400 homes still await phosphate solutions.
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New legal assessments challenge Natural England’s advice by arguing that Wessex Water’s ongoing sewage treatment upgrades, set to complete by 2030, already remove enough phosphates to cover existing housing delays and create capacity for additional developments. Wessex Water confirms that their improvements exceed required phosphate removal levels, potentially allowing the release of the housing backlog.
Local voices like Councillor Henry Hobhouse and resident David Orr advocate for adopting this fresh approach, emphasizing the urgent need to alleviate severe housing shortages while continuing ecological restoration separately. Councillors highlight significant economic and social impacts from construction delays and call for streamlined processes to unlock affordable housing.
Conversely, council officers urge caution until official responses from Natural England are received, warning of legal risks if the council acts unilaterally. Natural England’s stance on potential policy changes is anticipated by March 2026.
If Somerset Council proceeds with this shift, it could mark a significant turning point—balancing ecological stewardship with pressing housing demands in one of England’s most environmentally sensitive regions.