This report seeks to update Cabinet on the significant progress made by the Cabinet Commission presenting a Strategic Business Case (SBCO) for progressing river restoration and to seek authorisation to further develop an Outline Business Case (OBC) for submission to Defra and Welsh Government for a Phosphate Trading Scheme, encompassed by a binding legal agreement, which has the potential to lead to further steps including a Water Protection Zone in the event that nutrient reduction targets are not met by means of the voluntary scheme.

Cabinet members considered a report setting out the progress made by the Cabinet Commission on Restoring the Wye and seeking approval for further development of an Outline Business Case for submission to DEFRA and the Welsh Government. The cabinet member finance, corporate services and planning introduced the report and explained the background to the establishment of the Cabinet Commission and the progress to date.

The cabinet member highlighted that:

·       The aim of the commission is to develop a strategic plan to restore the river catchment to favourable conservation status, working with the three other councils with responsibility for parts of the Wye catchment;

·       The commission has met four times to receive evidence and information from experts, and reports from officers on progressing the commission’s objectives with government departments, agencies and regulatory bodies;

·       The report sets out the case for exploring more robust monitoring and regulatory options, with a  further progress report to follow in July 2023;

·       Insufficient progress has been made through the nutrient management plan and the report recommends that the plan is significantly revised and a reconstructed nutrient management plan delivery vehicle be proposed;

·       Herefordshire Council unanimously voted to petition the Secretary of State at DEFRA to implement a full Water Protection Zone (WPZ) but this request was refused as being premature or without required justification, so the council needs to make progress by other means;

·       The report sets out options which show potential to achieve nutrient certainty and the recommendations to Cabinet for this meeting seek approval for the next steps to explore, amongst other things, whether there is a willingness and commitment for all stakeholders and agencies to work to achieve a regulated voluntary scheme which is compliant with statutory requirements;

·       Should the necessary progress not be made through co-operation then the regulatory threat of a WPZ remains and the work done with partners and stakeholders will provide evidence to build a robust case and show that we have explored and dismissed the reasonable alternatives;

·       The pollution of the river is damaging for the communities of Herefordshire, its environment and its economy, and on the council through lost revenue from council tax;

·       There is no suggestion that the council should fund a scheme for farmers or assume any of the powers belonging to the regulators and other statutory bodies, the report proposes that the council make some contribution to the work that needs to be done to put a better scheme in place while continuing to encourage and challenge government and regulators to exercise their statutory powers to their full extent;

·       The next steps are to explore whether more regulated options are feasible and deliverable including, as a particular solution, a regulated voluntary scheme across the Wye catchment farming community and a further report will come to cabinet in July 2023.

Cabinet members discussed the report. Some cabinet members did not believe the proposed approach to be the best way forward and argued that the money set aside by the council should be invested in a  ...  view the full minutes text for item 224