Nutrient pollution is a significant environmental concern affecting many of England’s most vital natural habitats. In freshwater environments and estuaries, elevated levels of nutrients—particularly nitrogen and phosphorus—can accelerate the growth of certain plants, disrupting natural ecosystems and harming wildlife.

Understanding Nutrient Pollution

Nutrient pollution arises from several sources, which can vary depending on the location. Common contributors include:

• Sewage treatment works: These facilities can release high levels of nitrogen and phosphorus if not adequately managed.
• Septic tanks: Improperly maintained septic systems can leak nutrients into nearby water bodies.
• Livestock and arable farming: Agricultural runoff often contains fertilisers and manure rich in nutrients, which can wash into rivers and streams.
• Industrial processes: Certain industries discharge nutrient-rich wastewater as a by-product of their operations.

When these excess nutrients enter water bodies, they promote the overgrowth of algae and other aquatic plants. This growth can suffocate other aquatic life, reduce biodiversity, and alter the natural balance of these habitats, leading to a decline in water quality and the health of the ecosystem.

The Issue at Hand

Several water-dependent Habitat Sites across England, including areas of North Norfolk and the Broads are already in ‘unfavourable condition’ due to excessive nitrogen and/or phosphorus levels. This situation poses an urgent need to protect these habitats and their wildlife. Under the Habitats Regulations, any new development projects that cannot demonstrate they will not add to nutrient pollution are unlikely to receive planning permission.

At Binder we are committed to addressing this by working in close collaboration with key stakeholders, including developers, local planning authorities, manufacturers such as HABA and environmental consultants Nutrient Neutral to provide efficient, sustainable solutions for nutrient management in development projects and for customers looking to upgrade their private sewage systems.

What is Nutrient Neutrality?

Nutrient neutrality is a strategic approach designed to mitigate the impact of new developments on nutrient levels in sensitive habitats. The goal is to allow Local Planning Authorities (LPAs) to grant development permissions without exacerbating nutrient pollution in designated Habitats Sites particularly in North Norfolk (see map).

This approach serves as a short-term measure, part of a larger governmental effort to address the root causes of nutrient overload. A coordinated response involving various departments, including the Department for Environment, Food & Rural Affairs (Defra) and the Department for Levelling Up, Housing and Communities (DLUHC), supports this initiative. The aim is to tackle nutrient pollution from its primary sources, such as:

• Improving sewage treatment facilities to reduce nutrient discharge
• Enhancing septic tank regulations and maintenance
• Promoting sustainable agricultural practices to limit runoff
• Regulating industrial processes to minimise nutrient waste

Do I Qualify?

If you have a private sewage system (non-commercial), the small-scale discharge criteria are a set of tests to determine if the phosphorus discharged via a drainage field, is deemed likely to reach the surface water and hence the protected site, thereby having a ‘Likely Significant Effect’ (LSE).  The criteria were derived from the ‘Small scale discharges of phosphorus: Low risk mapping’ was provided by Natural England to LPA’s in March 2022.  

If a tank meets all the criteria, the tank is deemed as not having an LSE and therefore not eligible for upgrade. If one of the criteria is not met, then the discharge is considered to have failed the criteria, thereby having a likely significant effect of the protected site and can be upgraded. The small-scale criteria are provided below:

1. To ensure that there is no significant in combination effect, the discharge to ground should be at least 200m from any other discharge to ground 
2. The drainage field will not be subject to significant flooding, e.g. it is not in Flood Zone 2 or 3
3. The drainage field is more than 40m from any surface water feature e.g. ditch, drain, watercourse 
4. The drainage field is more than 5 m from the designated site boundary (or sensitive interest feature).  
5. The drainage field is in an area with a slope no greater than 15%. 
6. There are no other known factors which would expedite the transport of phosphorus for example fissured geology, insufficient soil below the drainage pipes, known sewer flooding, conditions in the soil/geology that would cause remobilisation phosphorus, presence of mineshafts.  
7. The drainage field is in an area where the high groundwater depth is at least 2m below the surface at all times 
8. The percolation test has been performed on the proposed location of the drainage field with the resulting value lying within the required range under the Building Regulations 2010, which specify an average Vp value of between 12 and 100 

Our Role: Providing Sustainable Solutions

To tackle this issue, we have developed a strategic approach in partnership with HABA, offering state-of-the-art sewage treatment solutions that help developers meet stringent nutrient neutrality requirements. By working with Nutrient Neutral, a leading consultancy specialising in protecting water resources, we ensure that our systems not only comply with regulations but also actively contribute to preserving the health of local waterways.

We partner with HABA and Nutrient Neutral to offer sustainable sewage treatment and mitigation solutions for developers. Our services include:

1. Sewage Treatment Plants: Design, installation, and maintenance of systems to reduce nutrient discharge.
2. Consultancy: Guidance on compliance with nutrient neutrality requirements.
3. Mitigation Solutions: Implementation of wetlands, nutrient offset schemes, and sustainable drainage systems.

Supporting Sustainable Development

Our goal is to enable sustainable development that supports growth while protecting the natural environment. By working closely with developers, HABA, and Nutrient Neutral, we are helping to safeguard England’s water resources for future generations.