In August 2020 Natural England wrote to all Somerset Planning Authorities concerning high levels of phosphates in the Somerset Levels and Moors and the need to protect them from further phosphate pollution. Natural England Letter
In the letter Natural England state:
“The Somerset Levels and Moors are designated as an SPA (Special Protection Area) under the Habitat Regulations 2017 and listed as a Ramsar Site under the Ramsar Convention.”
“The interest features of the Somerset Levels and Moors Ramsar Site are considered unfavourable, or at risk, from the effects of eutrophication caused by excessive phosphates.”
“The scope for permitting further development that would add additional phosphate either directly or indirectly to the site, and thus erode the improvements secured, is necessarily limited.”
“… before determining a planning application that may give rise to additional phosphates within the catchment, competent authorities should undertake a Habitats Regulations Assessment proceeding to an appropriate assessment where a likely significant effect cannot be ruled out, even where the development contains pollution mitigation provisions.”
“The appropriate assessment must rule out any reasonable doubt as to the likelihood of an adverse impact on the integrity of the site, having regard to its conservation objectives.”
“… where the conservation status of a protected natural habitat is unfavourable, the possibility of authorising activities which may subsequently compromise the ability to restore the site to favourable condition and achieve the conservation objectives is “necessarily limited”.