To provide an update on the progress of the Cabinet Commission and set out the Council's future Phosphate Mitigation Strategy to enable housing development in the Lugg catchment and to provide a progress update on the work of the Cabinet Commission.

The Cabinet member for environment introduced the report and highlighted that the strategy helps loosen the housing moratorium in the Lugg through a pioneering approach of using constructed integrated wetlands to mitigate the phosphate of the proposed developments.  It was noted that the cost will predominantly be met by the house builders who would purchase credits at a rate of £14,000 per kilogram.  It was hoped that the Levelling up and Regeneration Bill would have provided legislative change to remove the need for further investment but that amendment was not successful.  It was confirmed that the Water Act does not cover Hereford because the sewage undertaker is Welsh Water.  It was noted that there are plans to progress additional wetlands at Tarrington and Titley alongside plans to retrofit a septic tank in the area.  It was confirmed that the Council are supportive of private schemes provided they are compliant with the need for reasonable scientific certainty and can be guaranteed for the required period of 80 years.  It was noted that the Council have been granted £1.76m capital and £173k revenue from DLUHC and this will be sufficient for the projects to begin progressing.  It was highlighted that the figures for houses released from the moratorium were cautious, the wetlands in Luston would release 1,112 houses initially, proposed phase two would release 1,159 houses and proposed phase three would release 1,200 houses.  It was noted that whilst this will bring some relief for the local house builders caught in the moratorium it did not address the reason for the moratorium in respect of the river. 

Comments from Cabinet members.  It was commented that agriculture was an area suggested to be at fault, it was raised whether not putting phosphate on agricultural land would be worth £14,000 per kilo.   It was confirmed that the local community in Luston are delighted with the proposed wetlands and whether access for local residents could be considered in the plans when the wetlands are progressed. 

Group leaders gave the views of their groups. That whilst the strategy was welcomed in respect of the wetland programme concerns were raised that it was not a strategy for dealing with phosphate pollution.  It was queried why there hadn’t been a progress report (which was due in July 2023) and why progress had been slow in addressing the bigger phosphate pollution problem.  It was raised that the strategy didn’t address the water industry’s contribution to the pollution of the river or the pollution from agricultural runoff.   It was also queried why it didn’t cover the need for a water protection zone, the need for a legally binding framework to ensure action is taken by all sources of pollution and why there is no mention of lobbying Government and its Environment Agency to take action to enforce incidents of pollution. It was noted that the development industry contributes a minimum amount to the phosphate issue in the rivers and more should be done to ensure they can operate effectively. 

In response to the queries it was noted the phosphate mitigation strategy is part of the phosphate action plan and this strategy is mitigating the impact of houses on the river.  Confirmed the Council have been taking action on the wider phosphate pollution issue, the Council have been making the case with partners and stakeholders to ensure meaningful actions are taken and the principle within the report is now being taken forward by them. Conversations have been taking place with ministers and solutions are being explored that work for everyone especially farmers who are the frontline of this issue.   It was confirmed that it is a complex issue and the Council are not in charge of all of it, however action is being taken in the areas it can. 

It was unanimously resolved that;

(a)   To note the successful completion of Phase 1 of the Council’s Nutrient Trading Phosphate mitigation scheme.

(b)  To authorise the Section 151 Officer to accept the capital and revenue grants from the Department for Levelling up Homes and Communities outlined in this report.

(c)   To authorise Phases 2 and 3 of the Council’s Nutrient Trading Phosphate Mitigation scheme

(d)  To delegate authorisation to proceed with Phases 2 and 3 of the Council’s Nutrient Trading Phosphate Mitigation Scheme to the Corporate Director of Economy and Environment in consultation with the Cabinet members for Finance and Resources and the Cabinet member for Environment.

(e)   To work with partner Council’s to undertake a review of the future role of the Cabinet Commission