- £2,675
- Proposed base levy per house or flat, before VAT and indexation
- 15,780
- Maximum number of homes covered by the draft Norfolk EDP
- 6 years
- Proposed period during which new levy commitments can be made
- 10 years
- Overall proposed lifespan of the Environmental Delivery Plan
For more than four years, nutrient neutrality has been one of the most significant constraints affecting residential development across parts of Norfolk.
Since Natural England's advice was issued in March 2022, relevant development within affected catchments has had to demonstrate that it would not add additional nutrient pollution to internationally protected habitats.
In practice, this has meant commissioning detailed reports and the purchase or provision of specific mitigation before development could proceed.
A different approach is now being proposed
Natural England has opened consultation on a draft Environmental Delivery Plan, or EDP, covering nutrient pollution affecting the Broads Special Area of Conservation, Broadland Ramsar and the River Wensum Special Area of Conservation.
Instead of every participating development separately calculating and mitigating its nutrient impact, eligible housing development could choose to make a commitment to pay a Nature Restoration Levy.
Natural England would then pool those payments and use the money to deliver strategic conservation measures across the affected catchments. This is a similar approach that is used in other parts of the country for mitigations against impacts on protected species.
The headline change
For qualifying housing, the existing project-by-project nutrient neutrality exercise could effectively be replaced by a fixed levy per dwelling.
Will the new system make nutrient neutrality easier?
For a typical eligible housing proposal, the answer appears to be yes.
The supplementary consultation expressly describes the new route as an alternative to project-level assessments and site-specific mitigation measures.
Where a development falls within the EDP and Natural England accepts the request to use the levy, the developer would receive a Commitment Certificate. This would accompany the planning application and allow the nutrient impact covered by the EDP to be dealt with through the levy mechanism.
This potentially removes some of the slowest and costly parts of the current system: calculating the nutrient budget, securing an appropriate quantity of mitigation and demonstrating that the mitigation is sufficient to satisfy the Habitats Regulations.
Easier?
Likely yes. Eligible schemes should have a much more standardised route for addressing the nutrient issue.
Quicker?
Potentially. A significant amount of project-specific technical and mitigation work could disappear, although Natural England's administration of the new system will be crucial.
Cheaper?
For many schemes, potentially. The flat rate should provide much greater certainty, although it will not necessarily be the cheapest solution for every development.
How would the new process work?
The proposed developer journey is comparatively straightforward.
Check whether the development is eligible
The site and proposed development would first need to fall within the scope of the relevant Environmental Delivery Plan.
Obtain a levy quote
Developers would be able to use an online service to obtain an indicative quote based on the proposed number of dwellings.
Request to use the Nature Restoration Levy
Natural England would assess eligibility and whether sufficient capacity remains within the EDP.
Submit the Commitment Certificate
Once accepted, the certificate would accompany the planning application and reserve capacity for the proposed development.
The certificate would be valid for 6 months from the date is issued. If an application is not submitted within this time it will expire and a new certificate will be required.
Pay before development commences
Following planning permission, the levy — or the first instalment where available — would need to be paid before development begins.
How much will the new Norfolk levy cost?
The headline proposal in the draft Norfolk Environmental Delivery Plan is:
Proposed Nature Restoration Levy
£2,675 per house or flat, plus VAT & indexation.
Rather than establishing the precise nutrient load created by each individual development, the draft plan takes a strategic approach. The overall cost of delivering the conservation programme is spread across the anticipated development using the EDP.
Will it be cheaper than the current system?
There is no single answer because the existing nutrient neutrality system calculates mitigation on a site-specific basis.
The nutrient requirement can vary according to the wastewater treatment works involved, existing and proposed land use, the catchment and other site-specific circumstances.
This means some developments currently require significantly more mitigation than others.
The new EDP would instead apply the same £2,675 base levy to each eligible house or flat.
For schemes with a high existing nutrient mitigation requirement, the proposed levy could represent a significant reduction in both cost and complexity.
Conversely, developments which already have access to a particularly inexpensive mitigation solution, or can achieve neutrality efficiently on-site, may not necessarily find the levy route cheaper.
That distinction matters because the Norfolk EDP is proposed to be voluntary. Developers would still be able to pursue another lawful mitigation solution where it is preferable for the individual scheme.
Could applications be determined more quickly?
This could be one of the most important practical benefits.
Nutrient neutrality has added an additional technical and procedural layer to applications across the affected parts of Norfolk. In some cases, the availability and timing of suitable mitigation has also affected when applications could progress.
Under the proposed system, an eligible applicant would instead obtain a commitment from Natural England and submit that with the planning application.
This should substantially simplify the nutrient element of many residential applications.
One important uncertainty remains. The consultation documents do not currently provide a guaranteed turnaround period within which Natural England will issue a Commitment Certificate.
The practical success of the new system will therefore depend heavily upon the online service and Natural England having sufficient capacity to process requests efficiently.
Payment after planning permission could also make a major difference
The timing of the levy is another potentially significant benefit, particularly for smaller developers.
Developers would not normally need to pay the Nature Restoration Levy simply to submit the planning application.
Instead, following planning permission, the developer would assume liability and the levy — or the first instalment where an instalment plan is available — would have to be paid before commencement.
This potentially shifts a considerable environmental mitigation cost from the planning application stage to the development stage, reducing the amount of capital committed while the planning outcome remains uncertain.
Instalment payments are also proposed
The supplementary consultation information includes an outline instalment plan for housing development.
The draft example proposes three equal payments, with the first due before commencement and subsequent payments due at 12-month intervals.
Eligibility would depend upon the total levy liability and the final rules have not yet been confirmed.
Not every development will qualify
The draft EDP is important, but it should not be interpreted as the end of nutrient neutrality for every development in Norfolk.
The proposed EDP applies to dwellinghouses, including flats.
Other development types currently capable of generating nutrient neutrality issues may therefore remain outside the proposed route.
There are also geographical exclusions.
Development within the relevant protected sites, or where any part of the development site falls within a 50-metre buffer, would not be able to rely upon the EDP and would continue to require project-specific consideration.
The Ant Broads and Marshes, Trinity Broads and Upper Thurne Broads catchments are also not currently included within the draft development area.
What about properties using package treatment plants?
Sites which do not connect to mains drainage would face an additional requirement.
The draft EDP proposes a planning condition requiring a package treatment plant to achieve discharge concentrations of no more than 5mg/l Total Phosphorus and 27mg/l Total Nitrogen, with those standards maintained for the lifetime of the development.
The headline £2,675 levy should therefore not be interpreted as removing all nutrient-related requirements or expenditure for rural developments relying on private drainage.
Is there enough capacity?
The draft Environmental Delivery Plan provides capacity for a maximum of 15,780 homes.
When a developer requests to use the levy, Natural England would check whether sufficient capacity remains within the EDP. Once accepted, capacity would be reserved for that particular development.
However, if the certificate expires then a developer would need to apply again, at which point the capacity to accommodate the development would need to be tested again.
Although the EDP is intended to operate for ten years, the charging schedule would close to new requests at the end of the sixth year.
The remaining period is intended to give Natural England sufficient time to complete the conservation programme before the EDP reaches its final Overall Improvement Test. The document suggests that 80% of relevant proposals will use the scheme, suggesting it will be a popular scheme.
What happens next?
The Norfolk Environmental Delivery Plan is currently a draft.
The consultation is open until 27 October 2026. Natural England will consider responses before a final EDP can be submitted to the Secretary of State.
The draft does not yet contain its final commencement date. Until the EDP is formally made and comes into force, existing nutrient neutrality requirements continue to apply.
Developers and landowners considering residential development in the affected areas should nevertheless be aware of the proposals now. They could materially change both the cost and planning strategy for affected sites.
Further information:
Natural England / Defra — Norfolk Environmental Delivery Plan consultation
This article is based on the draft Norfolk Environmental Delivery Plan and supplementary developer process information published for consultation in September 2026. The proposals may change following consultation.
What is proposed?
- £2,675 levy per qualifying house or flat
- VAT and annual indexation apply
- Project-specific nutrient mitigation potentially avoided
- Payment normally deferred until commencement
- 15,780-home maximum EDP capacity
- Use of the EDP proposed to be voluntary
Have your say
The consultation on the draft Norfolk Environmental Delivery Plan runs until 27 October 2026.
Have a site affected by nutrient neutrality?
Cedar Planning provides planning advice to developers, landowners, architects and homeowners across Norfolk, including dedicated planning consultancy in Norwich. We can review the planning position, identify the implications of nutrient neutrality and advise on the best route forward.
Dan Malloy MRTPIDirector and Chartered Town Planner at Cedar Planning, with more than ten years of public and private-sector planning experience. About Cedar Planning
