A decision in 2018 by ECJ known as the Dutch Nitrogen case, is holding up planning permission for residential development, in Ashford, Canterbury and parts of Maidstone Borough and Folkestone District. Natural England investigated and identified that the Stodmarsh Special Area Of Conservation (SAC) is in unfavourable conservation status, as a result of hight levels of nutrient nitrogen and phosphorous, due to and from the treatment of human waste.
As the Government advisor, Natural England are obligated to prevent all residential development within the catchment of the Stour River, which ultimately drains into the Stodmarsh. Strategies to overcome this are expected to come forward, but unlikely before the end of 2022. Therefore, all residential development within the catchment will have to establish a means of achieving nutrient neutrality if they are to gain consent before the end of 2022.