Since the European Court of Justice ‘Dutch Case’ ruling, planning consents in the River Wye are limited based on their phosphate loading to the river.

The Local Plan identifies a housing need of circa 4,000 new homes in the Lugg sub-catchment. To sign off on a Habitat Regulations Assessment for development within the Clun and the Lugg catchment developers must demonstrate nutrient neutrality; that is phosphates in the Lugg and nitrates and phosphates for the Clun. A development can show that it is nutrient neutral through long term mitigation schemes that remove nutrients from the watercourse.
At present, the only mitigation scheme in Herefordshire is the council’s wetland scheme, which has released some credits. However, to enable continued growth throughout the county, the council are keen for developers to pursue their own mitigation.
Herefordshire Council is now able to offer an Environmental Advice Service (EAS) as part of a paid service offered by the Built and Natural Environment Service.
The Environmental Advice Service can assist developers with bringing forward private mitigation schemes to offset the nutrient budget of development proposals.
The service is separate to the planning process and it is available for a variety of services, focusing around the environmental impacts of the project. It will co-ordinate services with other statutory bodies as required (Natural England, Environment Agency, Natural Resource Wales, etc) consolidating advice for the applicant in a report.
This will be a fee based service as follows (Herefordshire Council Environmental Advice Service (EAS)):
• Simple projects £500
• Complex projects: £1500
With any additional hours charged at £110 per hour.