B.9 Middlesborough Council

Designated site details and development pressures

Middlesbrough Council is located entirely with the Teesmouth and Cleveland Coast SPA and Ramsar nutrient neutrality catchment area.

Local plan details and best practice

Middleborough Council is currently in the process of preparing a new local plan. In September 2025 the Council submitted their Publication Local Plan to the Secretary of State for Housing, Communities, and Local Government for independent examination. Policy NE8 (Nutrient Neutrality Water Quality Effects) of the Middlesbrough Publication Local Plan (March 2025) sets out requirements for new development in respect of nutrient neutrality at the River Tees.

This policy clearly communicates development types to which it applies and sets out options for mitigation. The policy provides flexibility on a number of mitigation options. Finally it supports wider landscape scale environmental improvements through construction of wetlands, wider green infrastructure and biodiversity corridors.

Policy NE8 Nutrient Neutrality Water Quality Effects

Proposals for developments that will result in additional overnight accommodation, or would otherwise increase the discharge of nitrogen into the River Tees, will be required to achieve Nutrient Neutrality.

Planning permission will only be granted where the integrity of protected sites is not adversely affected by new development. When assessing planning applications, the impacts of increased nutrients from the development will be considered. Permission will only be granted where effects can either be excluded or, if that is not possible, appropriately mitigated. When making planning decisions which may affect protected sites, the requirements of the Habitat Regulations must be met in accordance with Policy NE6.

Any mitigation for Nutrient Neutrality must be provided ‘in perpetuity’ and can be achieved through:

a. the purchase of credits from the Natural England Mitigation Scheme; or

b. the provision of alternative mitigation, either on or off site, that could include:

i. changing the use of land so that it results in a lower nitrogen load; or
ii. the development of infrastructure that removes nitrogen before it enters the River Tees

Council-owned land is identified on the Policies Map to help achieve nutrient neutrality. The Council will operate a credit scheme to manage the value of credits achieved on this land. The scheme will prioritise the provision of mitigation for housing being brought forward on Council owned land.

Proposals for other developments i.e. those not involving overnight accommodation should consider the nutrient impacts and be considered as part of the HRA.

Development proposals for mitigation schemes such as constructed wetlands will be supported where they are located in appropriate areas in relation to the development they are to serve and the nature of the mitigation would not have adverse impacts on the character, function and appearance of the area in which they are to be located. Proposals for constructed wetlands will require various permissions such as planning permission and Environmental Permit. Such mitigation should also, where appropriate, deliver wider green infrastructure objectives set out in Policy NE1 including the creation and enhancement of corridors and Biodiversity Net Gain objectives set out in Policy NE7.

Development should not create a pathway for nitrates to enter and impact groundwater.

The provisions of the Regeneration and Levelling Up Act 2023 include a duty for water authorities in nutrient neutrality areas to upgrade their waste treatment works by 2030. This will help ensure nitrogen is removed before it is discharged into affected rivers. Once these upgrades are in operation, the Council will take into account the benefits of the upgrade and may revise its approach to nutrient neutrality to ensure compliance with the Habitats Regulations.