Nitrates: Netherlands

(asked on 21st June 2021) - View Source

Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, what discussions his Department has had with Natural England on the Dutch Nitrates Case ruling from the Court of Justice of the European Union, C-293/17 and C-294/17; and what steps he plans to take to tackle nitrate pollution in England.


Answered by
Rebecca Pow Portrait
Rebecca Pow
Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs)
This question was answered on 24th June 2021

I am aware of the challenges from excess nutrient pollution that you highlight and the impact this is posing for development in Herefordshire. Sites in England affected by the same issues as those raised in the 'Dutch nitrogen' case are internationally important for biodiversity, and host a wide range of rare river wildlife afforded protected status under the Conservation of Habitats and Species Regulations (2017). It is important to achieve the right balance of measures to allow sustainable development to continue whilst also securing improvement in the condition of our most important natural habitats.

We have therefore set up a monthly government task force involving MHCLG, Natural England and the Environment Agency to ensure a clear action plan is in place, focusing on solutions for both permitting housebuilding to resume while not compromising the condition of Protected Sites. Solutions are being brought forward, including agreed mitigation measures in the River Avon SAC and the development of wetland proposals in Herefordshire. A £3.9 million Defra pilot in the Solent in Hampshire, aims to test market-based approaches that, if successful, could be replicated across the country.

I am continuing to discuss Natural England's approach with them and officials are working on additional support and updated guidance to be provided to Herefordshire and other affected catchments as well as working closely with local authorities across the country to support the implementation of nutrient neutral approaches.

We are also introducing a range of new measures in the Environment Bill to help facilitate improved collaboration, reductions in pollution and provide a more statutory footing for more innovative strategic approaches (such as those which have been used in the Solent) through the introduction of Protected Site Strategies. These aim to bring together key stakeholders to strategically address the multiple and complex offsite pressures protected sites face, identifying potential options to conserve and restore these sites whilst maximising local economic benefits. The way they will do this is by encouraging the design of bespoke solutions up front to address the cumulative, offsite issues affecting our most sensitive habitats.

The Government is also committed to addressing the sources of nutrient pollution, including by working with farmers. We have committed in the Agricultural Transition Plan (to replace EU-scheme-based regulation and enforcement with a new, more effective, and trusted approach and bring forward a slurry investment scheme from 2022 to address a key source of agricultural diffuse pollution. Catchment Sensitive Farming advice and Countryside Stewardship incentives also aim to reduce pollution from agricultural sources and Environmental Land Management will also incentivise actions that protect the environment. Work is also underway to tackle phosphate pollution from wastewater treatment through Catchment Partnerships and the recently announced Storm Overflows Taskforce seeks to make further improvements in this space.

Finally, officials take an evidence-based approach to policy development and look to learn from practices in other countries where similar challenges are faced. However, I have not spoken to my Dutch counterpart and do not believe my officials have consulted their respective counterparts, but we will continue to seek engagement opportunities with other countries on specific issues if required.

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