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Nitrate neutrality

Developments on hold, trips to the High Court, nutrient credit schemes... Ever since a European Court of Justice ruling in November 2018, being nitrate neutral has caused headaches and blockages for developers and planners.

Shoosmiths partnered with Planning magazine on a virtual roundtable discussion which examined nitrate / nutrient neutrality, the rules and how developers and authorities can work within them to deliver the right kind of development. In particular, the discussion covered:

  • What are the rules governing the nutrient output of new development?
  • What has been the impact to date of these rules on planning and development in England?
  • What does Natural England’s guidance on how to mitigate harmful impacts of new homes on nitrate levels, recently upheld by the High Court, say?
  • What do applicants and decision-makers need to do to be able to continue to bring development forward while complying with the rules?

Planning lawyer, Matt Stimson, was on the panel, alongside:

  • Peter Home, Associate Director - Turley
  • Simon Thompson, Principal Advisor - Natural England
  • Rebecca Moberly, Principal Consultant, Environment - Planning Advisory Service
  • David Hayward, Planning Policy Manager - Havant Borough Council
  • Ellie Kahn, Online Editor – Planning (Chair)

To watch a recording of the webinar, see here.


This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2022.


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