Water Neutrality and the Kilnwood Vale Decision: A Landmark Ruling

1. Conclusion on the Integrity of the Arun Valley Sites
   
   
   1. The Inspector concluded that the proposed development at Kilnwood Vale would not adversely affect the integrity of the Arun Valley Sites, provided that the development complied with specific conditions. This conclusion was based on a thorough assessment of the environmental information and the proposed mitigation measures. The Inspector emphasised that the conditions imposed were crucial to ensuring that the development did not increase groundwater abstraction from the Hardham source, which could potentially harm the Arun Valley Sites.
      
      
2. Importance of Demonstrating Water Neutrality
   
   
   1. The ruling underlined the importance of demonstrating water neutrality for the Kilnwood Vale development. The Inspector highlighted that achieving water neutrality was essential to protect local water resources and maintain ecological balance. The decision set a precedent for future developments, emphasising that developers must provide robust evidence and implement effective measures to ensure that new developments do not increase overall water consumption.

1. To ensure compliance with water neutrality requirements, the Inspector imposed several planning conditions. These conditions included:
   
   
   1. Water Efficiency Measures
      
      Condition 5: The development must incorporate water-saving technologies and practices to minimise water usage. Specifically, no development above ground floor slab level shall commence until full details of the water efficiency measures required to achieve a maximum of 91.4 liters per person per day (l/p/d) have been submitted to and approved in writing by the Local Planning Authority. No dwelling shall be occupied until the approved water efficiency measures have been installed and made available for use.
      
      
   2. Alternative Water Supply Sources
      
      Condition 6: The development must explore and utilise alternative water sources to reduce reliance on groundwater abstraction. This condition states that no dwelling shall be first occupied until written agreement from the Local Planning Authority has been provided that either a water neutrality mitigation scheme has been secured via Horsham District Council’s adopted Offsetting Scheme or a site-specific water neutrality mitigation scheme has been agreed in writing with the Local Planning Authority and implemented in full.
      
      
   3. Monitoring and Reporting
      
      
      While there is no specific condition explicitly labelled as "Monitoring and Reporting," the requirements for water efficiency measures and alternative water supply sources inherently involve monitoring and reporting. For instance, Condition 5 requires evidence of installation of water efficiency measures to be submitted to and approved by the Local Planning Authority, which implies ongoing monitoring and reporting of compliance.
      
      
   4. Collaboration with Regulatory Bodies
      
      
      Condition 6: This condition also emphasises the need for coordination with regulatory bodies. It requires the developer to secure a water neutrality mitigation scheme via Horsham District Council’s adopted Offsetting Scheme, which involves working closely with Southern Water and the Environment Agency to ensure compliance with water neutrality requirements.

Implications for Future Developments

1. This decision sets a significant precedent for future developments in the area, demonstrating the need for a balanced approach to growth and environmental protection. It highlights the necessity of conducting thorough and robust environmental assessments for new developments, ensuring that potential impacts on local water resources are comprehensively evaluated.
   
   
2. Compliance with relevant development plan policies is also crucial for securing approval for new projects. The decision highlights the importance of aligning development proposals with local planning frameworks, such as the Horsham District Planning Framework and the West of Bewbush Joint Area Action Plan.
   
   
3. The ruling also emphasises the need for developers to implement effective mitigation measures to offset any additional water usage. This includes enhancing water efficiency, recycling water, and securing alternative water sources.
   
   
4. Furthermore, the decision highlights the importance of collaboration with regulatory bodies like Southern Water and the Environment Agency. This collaborative approach ensures that developments comply with water neutrality requirements and other environmental regulations, promoting sustainable growth while safeguarding natural resources.

Conclusion

1. The Kilnwood Vale appeal decision represents an important ruling in the context of water neutrality and sustainable development. The inspector's decision concluded that the development would not adversely affect the integrity of the Arun Valley Sites, provided that specific conditions were met. These conditions included implementing water efficiency measures, exploring alternative water supply sources, and ensuring robust monitoring and reporting.
   
   
2. The broader impact of the Kilnwood Vale decision is likely to be profound, setting a precedent for future developments in the UK. The decision demonstrates the balance required between development needs and environmental protection. As Alison Ogley, Partner at Freeths, has commented: "The Kilnwood Vale decision highlights the critical role of collaboration between developers, regulatory bodies, and local authorities in achieving sustainable development. Effective mitigation measures and adherence to regulatory frameworks are essential for protecting our environment”. 
   
   
3. In a nutshell, this ruling serves as a critical reference point for developers, planners, and regulatory bodies, promoting a collaborative and responsible approach to development. This decision certainly warrants consideration in any future projects where water neutrality could be a concern.