This article was first published in Property Law Journal (September 2022, #400).
Natural England began issuing "nutrient neutrality" guidance from 2019 to advise local authorities on how to deal with planning applications in areas affected by high levels of nutrient pollution. As a consequence, much housing development in affected areas has been brought to a standstill. Given the current climate crisis, the issue of nutrient pollution and the impact on housing development will almost certainly persist. This article considers the impact of nutrient pollution on development and considers Natural England and government’s proposed solutions to get housing going again.