9. Short Debate: The impact of Natural Resources Wales's phosphate regulations

– in the Senedd at 5:50 pm on 30 June 2021.

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Photo of Elin Jones Elin Jones Plaid Cymru 5:50, 30 June 2021

(Translated)

We will, therefore, move on to the short debate, and I call on James Evans to speak to the topic that he has chosen—James Evans.

Photo of James Evans James Evans Conservative

Diolch, Llywydd. This week, I will not run over time, like I did the last time we had a debate, and I will allocate a minute of my time to Laura Anne Jones, Peter Fox and Mabon ap Gwynfor.

Members in this Chamber and those watching remotely find much about which we disagree. On this occasion, I'm going to focus upon something that I believe we can all agree on—the absolute need to do everything possible to maintain and improve the quality of our water in our Welsh rivers. The rivers in Wales are the silver threads between our uplands and the coast. They are home to a huge variety of wildlife. They offer opportunity for recreational enjoyment and play a crucial role in growing our economy by attracting tourists to our wonderful country. We have iconic rivers in Wales, such as the Cleddau, the Teifi and the Tawe, and, of course, the Usk and Wye, which pass through my own constituency of Brecon and Radnorshire. These have been designated special areas of conservation. They are home to precious species such as the Atlantic salmon, the freshwater pearl mussel and the white-clawed crayfish, and they all need our protection. The SAC rivers gain all the environmental plaudits, but we demote the importance of rivers such as the Conwy, the Taff and the Tawe at our peril. Those rivers pass through our larger communities and we have a duty of care to those living in those areas to improve the quality of water right across Wales. 

The foot soldiers in the Welsh Government's battle to improve rivers are the officers of Natural Resources Wales, effectively an arm of the Government accountable only to the First Minister and his Cabinet colleagues. At the end of 2020, when people were looking forward to making the best of a COVID-restricted Christmas, NRW issued guidance to planning authorities for immediate implementation. The guidance applies to the vast majority of planning applications for development with the potential to increase phosphates into the water courses in the catchments of nine river SACs in Wales. Unless these developments can show that they can be phosphate-neutral or negative, the planning authorities have no course of action other than to reject these applications. That guidance applies to housing, offices, factories and even down to the family who wish to build an extension for a newborn baby or an elderly family relative. Yet this does not apply in the catchments of the Conwy, the Taff or the Tawe, and one must wonder why. Nonetheless, I repeat: we all want to see water quality improving. But one has to question whether other more effective measures have been ignored and whether NRW and those looking to new houses, offices or toilets have fallen prey to the law of unintended consequences.

I welcome the commitment from Welsh Water to upgrade their infrastructure, but this is a long-term programme that does not address the current problem. In my own constituency, for instance, only two of Welsh Water's treatment works, at Talgarth and Llandrindod Wells, can currently remove the phosphates to an acceptable standard. This is well below what is required. All too often, we hear that untreated sewer and phosphate-laden water is discharged from water treatment works into our water courses. So, that leaves us in a situation where the granny flat in Llanwrtyd Wells or the toilets in Brecon using mains sewers are effectively banned by NRW because they will add a tiny miniscule amount to the overall phosphate levels entering our rivers. Yet again, we see a policy decision by Welsh Government being put into action without the necessary engagement of stakeholders, without adequate funding or investment and without giving the solutions to take corrective action. Yet again, the administration's policy is strangling development, putting NRW, Welsh Water and planning authorities in an impossible role, ultimately putting the blame and responsibility of phosphate management onto your average builder and householder. This policy condemns the hopes and aspirations of so many people looking to get onto the housing ladder and throttles the economy. It also curtails the Welsh Government's own targets around house building, and I've said it many times in this Chamber before: it is the left hand just simply not talking to the right.

But let me just suggest a few ideas in the spirit of collaboration, as a problem shared is a problem halved. Agriculture is often accused of being a major source of pollution and one agricultural pollution incident is one too many. Farmers are the guardians of our countryside and care deeply for the quality of our environment and landscapes. Farmers are imaginative and energetic and, as we debate this issue here, many are considering means of improving their management of waste and water quality. But, Minister, they need help. I know Welsh Government have schemes in place to address agricultural water pollution, such as covering muck stores, but the financial support does not go far enough. So, if Welsh Government are determined to solve agricultural pollution, you need to put your money where your mouth is. 

The planning authorities in Wales also lack clear guidance on how to apply these regulations, leaving applications at a standstill in the planning process. So, Minister, I urge you to have wider stakeholder engagement with planning authorities, builders and architects and their agents, so they can all understand how to interpret this confusing guidance. 

Whilst Welsh Water have a long-term aim of upgrading the waste water treatment works, this needs Welsh Government support, and pressure needs to be there to make sure this happens. We also need to look at interim measures. We could look at onsite package treatment plants, a regular feature in rural areas like mine and others in this Chamber. Yet Natural Resources Wales have imposed severe restrictions upon the use of such plants in the river SACs to the point where many hundreds of residential units, dozens of commercial proposals and many home improvements are simply stuck in the planning system. So, Minister, maybe you could look at this and help unblock the problem.

This is not a new problem. In Scandinavia and Germany in particular, tough limits have been in place for many years, and technical solutions have been developed to make certain that outflows from private treatment works actually improve the quality of water in their rivers. These and other solutions have been proposed to local authorities in Wales by applicants, but are met with silence and, at worst, a refusal by NRW to contemplate or even comment on proposed routes through this increasingly embarrassing situation. 

In my area, we have hundreds of applications for homes, many of which are affordable homes, completely stalled. Similar frustration applies to office, retail and even public sector developments of new council homes, and these aren't the only projects in the pipeline. From the new school to the housing association scheme, the new factory, and even attempts to give an elderly relative or a new family member a home, the outlook is bleak for many developments right across Wales. 

Minister, you have the power to address these issues. You have an environmental time bomb waiting for you in the rivers of the valley towns of much of north and south Wales, as they seem to be neglected by NRW, and I call upon you to join us in looking for an immediate and effective solution to this crisis and convene a meeting of NRW, Welsh Water and other stakeholders for an emergency summit to find solutions to addressing this problem, or otherwise your targets of building homes will be missed and many people and businesses will suffer the consequences for many years to come. Diolch, Llywydd. 

Photo of Laura Anne Jones Laura Anne Jones Conservative

Diolch, Llywydd. Can you hear me? Yes. Diolch, Llywydd. Firstly, can I thank James for bringing this important issue to the Chamber? Llywydd, I live a stone's throw away from the River Usk, and very close to the River Wye, both beautiful rivers that I would like to stay clean and protected. But the way in which these regulations are being implemented has once again shown that the Welsh Government prefers to reach for the sledgehammer rather than the nutcracker and to work against businesses rather than with them. 

As James Evans said earlier, I don't think that any of us in this Chamber would deny that we need to reduce the amount of phosphates that enter water courses. But bringing the new advisory note to planning authorities overnight is essentially regulation through the back door. It is bad government, which has left developers and planning departments without a clear way forward, which creates unintended consequences. For example, Newport has one of the fastest-growing housing markets in Wales. Prices are rocketing in value, in part because of the strength of the economy of the west of England. So, to make sure that local people can still afford to buy a home that they can call their own, we need to continue building houses. However, because of these new requirements being brought in overnight, it has brought some developments, as James said, to a halt, creating a log jam in the system and driving up prices on those developments that do go ahead as a result, further perpetuating the problem. 

And as for those developers that have no means of facilitating the necessary upgrades in waste water infrastructure, Llywydd, there is no sign of this log jam being removed any time soon. And if you are a builder in South Wales East, would you choose to invest in Wales when you have to contend with a hostile and unpredictable business environment like this, or pop across the border where there's a stronger economy in England, or maybe just give up altogether? That is a decision that scores of businesses are making in my region every day, Llywydd, because they've had enough.

It didn't need to be like this. Our water companies already recognise that they are responsible for between a quarter and a third of phosphate levels in our rivers. I would suggest that, if it was a small business or a farm that was responsible for so much pollution in the river, NRW would be using the full force of the law to get them to do whatever they could to comply. So, why has NRW and the Welsh Government not required this investment from water companies? Why has it not supported them to make these investments? Why has it not delayed these rules until the necessary waste water infrastructure is in place? The Government—

Photo of Elin Jones Elin Jones Plaid Cymru 6:00, 30 June 2021

I'm going to need to cut across you now, because I've been very generous with time. I appreciate that you don't see the clock that we do in the Chamber, but I do want to call the two other Members as well. Thank you. Peter Fox.

Photo of Peter Fox Peter Fox Conservative

Thank you, Llywydd, and thank you, James, for giving me a minute of your time. And I'll cut straight to the chase—I absolutely support everything that you've said today. And just to demonstrate the pressure that it's putting on the planning system in Monmouthshire, for instance, we have currently 105 houses on the open market, which are planning applications that are held up, 77 affordable houses being stuck in the system. And it's likely to rise to 379 planning applications stuck in the system, 157 of those affordable housing. And that's really, really important—devastating for the applicants, devastating for those young people who are waiting for homes. And we need to find a solution here. Because Welsh Water, obviously, have committed most of their capital now, there needs to be a solution where Welsh Government, Welsh Water and local authorities come together very quickly and find a way of unlocking this impasse, because the technical solutions, which are there, cannot give that neutrality of phosphate discharge that is needed. Thank you, Llywydd.

Photo of Mabon ap Gwynfor Mabon ap Gwynfor Plaid Cymru 6:01, 30 June 2021

(Translated)

Thank you very much to James for giving of his time to allow me to contribute, and thank you for bringing this debate forward. Of course, water pollution is an issue that needs to be tackled, and that needs to be done with the collaboration of stakeholders. What we've seen here, however, is NRW identifying a problem but failing to collaborate with stakeholders in order to find a rational solution. There are plans, as we've already heard from Peter Fox, for the development of social housing and affordable homes that are being held up at the moment because of this policy. We have local development plans, city regions and national development frameworks all at risk of being affected by this new and hasty policy.

We need to look at collaboration with water providers in order to see what investment is necessary on water treatment plants, or look to redirect pipes to existing wetlands or develop new wetlands. We must learn the lessons, therefore, and ensure that all stakeholders are part of this conversation before such far-reaching decisions are taken in the future. And, in this case, we need to bring stakeholders together to see how they can all play their part in finding a long-term solution to this problem. Thank you.

Photo of Elin Jones Elin Jones Plaid Cymru 6:02, 30 June 2021

(Translated)

The Minister for Climate Change to reply to the debate—Julie James.

Photo of Julie James Julie James Labour

Diolch, Llywydd. Sustainably managing our natural resources and enhancing our environmental assets for future generations is absolutely at the heart of the Welsh Government's long-term ambition. Given our strategic objectives and the requirements of the Environment Act (Wales) 2016 and the Well-being of Future Generations (Wales) Act 2015, we need to adopt a whole-ecosystem approach. We need to work with partners and stakeholders to reduce nutrient concentrations. This will ensure Welsh rivers are as resilient as possible to current and emerging pressures.

I'm sure I do not need to emphasise how central the availability of clean water and a healthy water environment is to our economy, well-being and national identity. We face significant challenges for the future management of our natural resources. We need to act now to ensure that Wales has a thriving water environment that is sustainably managed. It is also crucial that we take action to protect this great natural resource. It is also our duty to care for all of Wales's rivers, especially those internationally important and designated as special areas of conservation. We can be proud of having nine river catchments designated in Wales, forming part of a larger network of protected sites across Wales, all of which are crucial to helping tackle our nature and climate emergencies.

As has already been mentioned, these waters support some of Wales's most special wildlife, like the Atlantic salmon, freshwater pearl mussel, and the white-clawed crayfish. SACs are also essential places of recreation and relaxation, and there is also a growing body of evidence that access to nature, including rivers, can have a hugely positive effect on people's mental health.

The adoption of tighter phosphorus targets within SACs by NRW was a response to scientific evidence and advice by the Joint Nature Conservation Committee. Phosphorous is a naturally occurring element. Normally, it is released slowly at low levels from natural sources. However, human activity is also responsible, due to the way we manage our land and how we dispose of our waste water and sewage. Climate change also plays a role. Warmer and drier summers reduce flows during the growing season, resulting in increased nutrient levels in our waters.

Why is phosphorous so damaging to the water environment? Well, even at lower concentrations, phosphorous can have a negative impact on reef reed ecology. It causes eutrophication: a significant reduction in the availability of oxygen within the river system. Nutrient overload leads to algae boom on the surface, killing the aquatic species below. NRW's assessment of phosphorous levels established an alarming failure in our SAC rivers, with only 39 per cent passing the required target. The subsequent advice that NRW issued to planning authorities reflects the current state of our waters. It is designed to ensure developments within these sensitive areas are not taking place to the detriment of our environment. NRW's advice is in line with the ruling of the European Court of Justice from 2018, generally referred to as 'the Dutch case'. The ruling, under the habitats directive, requires a guarantee that the natural features of nature conservation areas are not affected by any proposed development. Unless a development can be proven to be neutral—for example, it does not increase existing nutrient levels—planning permission must not be granted. The case law forms part of EU retained law under the withdrawal agreement, and Wales is under obligation to comply with it.

As a result of NRW's assessment, it is clear we need to take a more precautionary approach to development in SACs. More assessment is needed of each of the proposed projects to fully understand the environmental impact. Assurances that nutrient levels are not going to increase are needed. There are solutions, many of which are nature based, which can offset phosphorous pollution whilst allowing developments to take place. These are complex, however, and need to be explored on a catchment basis by all affected sectors, bringing together developers, farmers, water companies and the regulators. It is absolutely necessary we take a cross-sectoral approach to reducing phosphorous levels in Welsh SACs in order to safeguard our natural river environment. The pressures are multiple, from sewage discharges, agricultural run-offs, sceptic tanks and misconnections. There isn't one cause of pollution, and the pressures differ depending on the characteristics of the particular river catchment. Our rivers and Wales's environment need to be managed holistically.

Moving forward, we need to achieve a fair balance between the environment and the economy. These two terms do not need to be mutually exclusive. Green growth is more than just a utopian aspiration; it is the only long-term solution to the climate and nature crisis we are experiencing, and, indeed, Llywydd, have just debated in the Chamber. And in that debate, I said we need to take a long, hard look at what we're asking for whilst also asking to declare a climate and nature emergency. This is one such, where we have to take a long, hard look at what we are doing to our rivers and mitigate the effects of our previous development. To manage that issue, a project plan has been set up in NRW—delivering the SAC rivers project, investigating and tackling phosphorous pollution for rivers, including the Wye, Usk, Cleddau, lower Teifi and the Dee, and that is part of the NRW corporate plan for 2021-22. Under the project plan, NRW will provide advice and position statements to key stakeholders, including local planning authorities. Other aspects of the plan focus on water quality standards, compliance assessments and interventions to deliver water quality improvements. There is indeed a commitment to increase monitoring and data collection as well.

My officials have also set up an SAC management oversight group to provide high-level governance and strategic direction to help expedite a number of relevant work areas. As this issue affects many sectors and stakeholders, the group includes representatives from across the relevant policy departments, as well as key external stakeholders, to provide a focus for collaborative multisectoral responses. A planning sub-group has also been established, made up of local authority planners, representing the Planning Officers Society for Wales, the Planning Inspectorate, Welsh Government, the Home Builders Federation, Dŵr Cymru Welsh Water and NRW, to consider specific implications for planning system priorities and improved planning guidance.

As a recent UK climate change risk assessment highlights, fresh water habitats and species are particularly vulnerable to high water temperatures and drought. The causes of pollution and the threat they pose to our natural river ecosystems in the face of rising water temperatures are particularly acute. Warmer river temperatures reduce oxygen levels and increase rates of biological chemical processes. This is especially the case for algal growth rates and nutrients. We need to act decisively to tackle the climate and nature emergency, as everybody said in the previous debate, so that people can go on treasuring Wales's rich natural resources for generations to come, and, Llywydd, this Government is doing exactly that.  

Photo of Elin Jones Elin Jones Plaid Cymru 6:09, 30 June 2021

(Translated)

I thank the Minister. That brings today's proceedings to a close. 

(Translated)

The meeting ended at 18:09.