Green councillors face accusations of “political cruelty” after pressuring a Kent council to impose stricter sewage rules on housing developers.
The city council has been accused of "dereliction of duty" by proponents of introducing the "Wealden condition" to Canterbury, Whitstable, and Herne Bay, despite the authority's insistence that the action would be unlawful.
The condition is a stringent set of regulations that requires developers to submit plans for foul drainage works to a planning authority prior to construction, and it was named after the Wealden District Council in East Sussex.
Additionally, it guarantees that any improvements to the water infrastructure are finished before construction starts.
On October 30, the Canterbury City Council (CCC) discussed a resolution regarding the introduction of the requirements that was put forth by Cllr. Keith Bothwell (Green) and Cllr. Peter Old (Lib Dem).
The motion stated:
“This council acknowledges the acute public concern regarding inadequate wastewater treatment and the negative impact of sewage pollution on local communities.
This council acknowledges that additional housebuilding will increase the strain on local water infrastructure and wastewater treatment capacity.”
The motion, which was approved unanimously, requested that the CCC's cabinet commission a "urgent" report on the feasibility of implementing such a condition and that the leader write to the government requesting an amendment to the Water and Infrastructure bill that would require developers of their sewage plans to provide additional proof.
It follows years of local indignation at privatized companies like Southern Water, which are largely blamed for polluting rivers and the ocean.
However, it was disclosed during this week's Labour-Liberal Democrat cabinet meeting that CCC would not be carrying out the requirement and would instead be waiting for reports from Southern Water regarding the execution of the environmental measures the firm has planned.
“To accept this report’s recommendation, to wait passively for an update from Southern Water is unfortunately an abdication of this council’s duty to local residents, and a betrayal of the content and spirit of the resolutions passed unanimously on October 30,”
he argued.
Cllr Alan Baldock (Lab), the leader of the council, emphasized that CCC is "in presumption" because of issues with nutrient neutrality in the Stodmarsh water catchment area.
When an authority cannot demonstrate that it has adequate land set aside for housing development for five years, it is legally required to give planning applications for developments outside of the local plan more consideration.
It essentially makes it more difficult for authorities to deny planning permission.
“This new administration has taken from the very start a balanced and pragmatic approach to try to kickstart development and get us out of presumption,”
Cllr Baldock argued.
He continued:
“Full council cannot direct the local planning authority (LPA) to impose blanket conditions on individual planning applications.”
Additionally, Wealden Council has effectively integrated the requirement into its local planning framework through the appropriate legal processes, making it a valid component of planning regulations.
Canterbury and other councils cannot just enforce it on their own. Similar stringent processes, including proof and legal clearance, would have to be followed by the authority.
The leader went on to say that he has written to the Secretary of State about an amendment, calling it
"a joined up piece of thinking rather than political rhetoric to mislead people."
Cllr. Lee Castle, a Liberal Democrat, was among the other cabinet members who expressed disapproval, stating that
"it would be great to have a silver bullet."
“At the moment we don’t have all the tools we wish to have to take stronger action - we all wish that we could do more,”
said Cllr Charlotte Cornell (Lab).
“I think it’s really cruel to try to sell to a Whitstable public that we can do something that we can’t.
To do that is I think a political cruelty – it’s to dangle an option in front of people who are desperate for options, that we cannot enforce.”
The cabinet unanimously decided not to move further with the Wealden condition and to wait for information from Southern Water.
The Labour-led cabinet is guilty of a dereliction of duty over their dismal failure to combat sewage contamination while continuing to promote large-scale housing development, according to a statement released by CCC's Green Group following the ruling.
“Instead of support, I was attacked by Labour councillors who accused me of dishonesty - I couldn’t believe it,”
said Cllr Heaver.
“It was a golden opportunity to do something positive for local residents and at least properly examine how a proven policy might help us tackle sewage pollution in the Canterbury district but they rejected it,”
he added.
How would new rules affect current and planned housing projects?
New nutrient impartiality rules pushed by Green councillors in Canterbury would cause inventors in the River Stour catchment to neutralize phosphorus and nitrogen emigrations, halting or retrofitting thousands of units in Kent without mitigation credits.
Around 3,000 homes in planning limbo similar to those at Hersden and Littlebourne face indefinite detainments or redesigns with expensive septic upgrades or off- point swamp creation, inflating budgets by £10,000- £20,000 per lodging and risking inventor withdrawals amid slim perimeters.
Future spots near Stodmarsh Nature Reserve would needpre-approved credits (£3,500 per 0.1 kg phosphorus via schemes like Stour Environmental Credits), potentially slashing affordable casing proportions to fund compliance and extending timelines by 12- 24 months for environmental assessments.