Agenda item

The Planning Committee are asked to consider the attached report and make the following recommendations;

Recommendations

2.1          That the Committee:

a)    note the content of this report, and

b)    approve the date of publication of the Natural England position statement on 14 September 2021 as the date at which water neutrality is a material consideration, and consequently that its requirements are not applied retrospectively in respect of the determination of relevant planning applications, including applications for the revocation, modification or discontinuance of a permission on water neutrality grounds granted prior to that date.

Ms Stevens presented the report to the Committee. She explained the report on Water Neutrality set out a background on what it was, why it was an issue within the Chichester Local Plan area and when it was required. The report also contained links to the Natural England (NE) Position Statement (published on 14 September 202), the NE FAQ Document and the Sussex North Water Supply Zone Map.

Ms Stevens clarified that the NE Position Statement became a Material Consideration from its date of publication on 14 September 2021, and applied to both applications received since that date, as well as those that were under consideration at that time.

The Committee received a representation from;

Mr Wayne Beglan – Kirdford Parish Council

Officers responded to Members’ comment and questions as follows;

With regards to applications that had been decided on but had not yet received permission; Ms Stevens explained that if there had been a resolution to permit an application, but it had not yet been determined then the Position Statement would apply, and permission would not be issued and negotiations regarding water neutrality would be entered. In addition, Ms Stevens confirmed that the Townfield site under consideration would be required to demonstrate water neutrality.

In respect of the Cala site determined in October 2021; Ms Bell informed the Committee that the application was part of another application which had been determined in October 2019; prior to water neutrality being a material consideration. She explained the Section 73 application which had been granted (post 14 September 2021) was an amendment to the original application, officers had considered its impact on water neutrality and considered there would be no further impact on the water usage than already established through the extant permission.

On the matter of deferring the report; Ms Stevens advised the Committee there would be no benefit to deferring the report. It was important that the council provide certainty and clarity regarding its position on Water Neutrality for developers and applicants. She cautioned that if it fails to do this then there maybe implications regarding the future of housing land supply.  She confirmed that both officers and Cllr Taylor (the portfolio holder) had been in contact with Kirdford Parish Council and would continue to liaise with them outside the meeting.

With regards to the two-stage screening process, detailed in 4.3 of the report; Mr Day outlined the screening process to the Committee. He explained that at the first stage consideration was given to something known as the ‘likely significant effect’, as part of the Habitats Regulation Assessment. This assessed whether the proposal would lead to an increase in water consumption and where there was an existing use on site, whether the new application would create any further increase or decrease in the level of water consumption. He stressed that at this stage no mitigating factors can be considered. If after the first stage screening an application was considered to have an increased impact on the water consumption, then it would be progressed to the second stage of the assessment and appropriate mitigation (either onsite or off setting elsewhere) would be considered.

In reference to 4.1 of the report (p.14); Mr Day clarified that definition provided by Natural England in their Position Statement referred to water neutrality with in the ‘supply’ area being the same after development, therefore offsetting could be achieved anywhere within the same water resource zone and is not restricted to a development site.

Regarding 4.3 of the report (p.14); Mr Day informed the Committee that there was no official definition of ‘likely significant effect’ within the regulations. He explained that it was for the Planning Authority as a competent authority to decide what a ‘significant effect’ would likely, considering factors such as Natural England advice and relevant case law.

With regards to Non-Material Amendment applications; Ms Stevens explained that consideration would be given to assess whether there would be any change in the demand for water at the point that it was screened.

With regards to how long the issue of Water Neutrality is likely to be in place; Ms Stevens explained that at present it was unknown, however, work was currently underway to address the situation. An update would be provided when further information was available.

Mr Day informed the Committee that the figure of 110 litres per person per day is secured through the Position Statement from Natural England which requires a water statement budget to be prepared. He explained that he would also expect to see a Part G calculation (which is something required through building regulations) setting out the details of the fittings. He acknowledged that it is impossible to control human behaviour, however, it is possible to manage the fixtures and fittings in a building through Building Regulations.

With regards to comments made by Kirdford Parish Council regarding Judicial Review; Ms Stevens advised the Committee they were being asked to note a Position Statement, they were not being asked to decide a policy. If a Judicial Review should come forward it would be addressed at that time.

Ms Stevens confirmed that the Natural England Position Statement was available on the Council website.

Following a vote, the Committee agreed to make the report recommendation.

Resolved;

That the Planning Committee;

1)    Note the contents of the Water Neutrality report

2)    Approve the date of publication of the Natural England position statement on 14 September 2021 as the date at which water neutrality is a material consideration, and consequently that its requirements are not applied retrospectively in respect of the determination of relevant planning applications, including applications for the revocation, modification or discontinuance or a permission on water neutrality grounds granted prior to that date.