Legislative Framework

If ever there is a webpage that will go out of date as soon as we publish it, its this one!!

However, as of January 2024, this is our best summary of international, national, regional, and local strategies and policies that effect the water-courses on the Isle of Wight. For ease (!) we have allocated the content to our six strategic aims, so some items occur more than once.

Water Quality Policies and Regulations

The Environment Act 2021
This seeks to improve the health of our rivers by reducing nutrient pollution and contamination in water courses and sets targets for water quality.
https://www.legislation.gov.uk/ukpga/2021/30/contents/enacted

The Farming Rules for Water (England) 2018
The rules require good farming practice, so that farmers manage their land both to avoid water pollution and to benefit their business. They provide a step by step checklist to make sure that fertilisers are spread to meet crop and soil needs. Other rules safeguard water quality by requiring farmers to judge when it is best to apply fertilisers, where to store manures and how to avoid pollution from soil erosion.
https://www.gov.uk/government/publications/farming-rules-for-water-in-england

Nitrate Vulnerable Zones (NVZs)
Nitrate Vulnerable Zones (NVZs) are areas designated as being at risk from agricultural nitrate pollution. They include about 55% of land in England.
https://www.gov.uk/government/collections/nitrate-vulnerable-zones

Groundwater Source Protection Zones (SPZs)
These are zones where there is a risk of contamination of groundwater that supplies our drinking water. They consist of an inner core and outer protection areas. There are 14 inner zones on the Island.
https://www.gov.uk/guidance/groundwater-source-protection-zones-spzs

Drinking Water Safeguard Zones
Drinking Water Groundwater Safeguard Zones (SgZs) are established around public water supplies where additional pollution control measures are needed. The Lukely Brook Catchment designated on the Island.
https://www.data.gov.uk/dataset/6ac22521-2e77-4dc8-ba90-6bb55d2ea3b8/drinking-water-safeguard-zones-surface-water

The Clean Air Strategy 2019
This targets ammonia emissions England-wide.
https://www.gov.uk/government/publications/clean-air-strategy-2019

General binding rules for small sewage discharges (SSDs) 2023
The general binding rules set out the conditions that septic tanks and sewage treatment plants need to meet in order to be used without an environmental permit.
https://www.gov.uk/government/publications/small-sewage-discharges-in-england-the-general-binding-rules/general-binding-rules-for-small-sewage-discharges-ssds-with-effect-from-2-october-2023

Levelling Up and Regeneration Bill (not yet enacted)
This will require the upgrade of wastewater treatment works in designated catchments by 1 April 2030. This action will reduce a significant source of nutrient pollution to key habitats sites, including the Solent. In addition, developers, environmental organisations, local authorities and Natural England have begun to invest in mitigations (such as new wetlands that can intercept nitrates and phosphates) so that as and where these are operational, new housing can be consented in the relevant area.
https://www.gov.uk/government/collections/levelling-up-and-regeneration-bill

Environmental Land Management Schemes
There are 3 new schemes that will reward environmental land management, Sustainable Farming Incentive, Local Nature Recovery, and Landscape Recovery. The Sustainable Farming Incentive offers 23 actions across 8 areas and the ones that are most likely to be advantageous to water quality are soil health, nutrient management, buffer strips and low input grassland. The Local Nature Recovery scheme will pay for actions that support local nature recovery and meet local environmental priorities. The scheme will encourage collaboration between farmers, helping them work together to improve their local environment. The Landscape Recovery scheme will support landscape and ecosystem recovery through long-term projects, such as restoring wilder landscapes in places where it’s appropriate and peatland and salt marsh restoration.
https://www.gov.uk/government/publications/environmental-land-management-schemes-overview/environmental-land-management-scheme-overview

Plan for Water, 2023
The plan covers both the water environment, how clean it is, and water resources, how much of it we have. It brings together the significant action already taken, along with more investment, stronger regulation and tougher enforcement on those who pollute.
https://www.gov.uk/government/publications/plan-for-water-our-integrated-plan-for-delivering-clean-and-plentiful-water

South East England River Basin Management Plan
River basin management plans (RBMPs) set the legally binding locally specific environmental objectives that underpin water regulation (such as permitting) and planning activities. They provide a stable planning base for economic development. This includes investment programmes such as the Water Industry National Environment Improvement Programme (WINEP).
https://www.gov.uk/guidance/river-basin-management-plans-updated-2022

Southern Water Drainage and Waste Water Management Plan
This is a new long-term plan that sets out how the Water Company intend to maintain, extend and improve systems to ensure they are robust and resilient to 2050 and beyond. It provides transparency, robustness and clarity for their future investment decisions. Targets for the Isle of Wight include reducing the number of spills from storm overflows, separating or attenuating excess rainwater in the sewer network, Improving the resilience of networks and treatment works to prevent pollution incidents, and reducing the risk of sewer blockages.
https://www.southernwater.co.uk/dwmp/isle-of-wight-catchment

Water Resources Policies and Regulations

The Environment Act 2021
Relevant elements include more collaborative water resources management plans, statutory drainage and sewerage management planning, planning to reduce Storm Overflows, and amendments to the water abstraction licence process.
https://www.legislation.gov.uk/ukpga/2021/30/contents/enacted

National Planning Policy Framework (NPPF) Revised 2023
Includes policy for avoiding and managing risks from flooding. Inappropriate development in flood risk areas should be avoided.
https://www.gov.uk/government/publications/national-planning-policy-framework–2

Flood and Water Management Act 2010
This identifies Lead Local Flood Authorities (Isle of Wight Council). The EA are required to develop, maintain, apply and monitor a National Flood and Coastal Erosion Risk Management Strategy.
https://www.gov.uk/guidance/flood-risk-management-information-for-flood-risk-management-authorities-asset-owners-and-local-authorities

Building Regulations – Drainage and Waste Disposal: Document H
Requires that if possible surface water is infiltrated into the ground. Less preferable is water course, and less still is surface water sewer. Combined sewers re the last resort.

Isle of Wight Strategic Flood Risk Assessment 2010
Designed to inform the Island Plan and including impacts of climate change and extreme rainfall
https://iow.gov.uk/environment-and-planning/planning/local-plan/emerging-island-planning-strategy/

Isle of Wight Local Flood Risk Management Strategy 2016
This identifies actions to reduce the risk of flooding on the Island, to plan for the effects of climate change and target resources.
https://iwc.iow.gov.uk/azservices/documents/2821-IW-Local-Flood-Risk-Management-Strategy-2016.pdf

Isle of Wight Catchment Flood Management Plan
An overview of the flood risk across the river catchment and recommended ways of managing the risk now and over the next 50 to 100 years.
https://www.gov.uk/government/publications/isle-of-wight-catchment-flood-management-plan

Isle of Wight Shoreline Management Plan 2011
This sets current shoreline management policies for the entire 168km of coastline and estuaries on the Isle of Wight. It identifies a number of schemes to reduce flood risk at Bembridge, Shanklin, Ventnor and Yaverland.
https://www.iow.gov.uk/environment-and-planning/coastal-management/shoreline-management-plan-strategies-and-schemes/plans-and-strategies/

West Wight Coastal Flood and Erosion Risk Management Strategy 2016
The West Wight Coastal Flood and Erosion Risk Management Strategy recommends the preferred strategic approaches for managing coastal flood and erosion risk for an 84km frontage of the Isle of Wight coast running from Freshwater Bay clockwise round to Old Castle Point, East Cowes and including the key development area of the Medina Estuary.
https://iwc.iow.gov.uk/azservices/documents/2821-Full-ReportWest-Wight-Coastal-StrategyMarch-2016.pdf

Southern Water Water Resources Management Plan 2020-70
Details how Southern Water plan to keep taps flowing for the next 50 years.
https://www.southernwater.co.uk/our-story/water-resources-management-plan/water-resources-management-plan-2020-70

Environmental Land Management Schemes
There are 3 new schemes that will reward environmental land management, Sustainable Farming Incentive, Local Nature Recovery, and Landscape Recovery. The Sustainable Farming Incentive offers 23 actions across 8 areas and the two that are most likely to be advantageous to water resources are soli health and nutrient management. The Local Nature Recovery scheme will pay for actions that support local nature recovery and meet local environmental priorities. The scheme will encourage collaboration between farmers, helping them work together to improve their local environment. The Landscape Recovery scheme will support landscape and ecosystem recovery through long-term projects, such as restoring wilder landscapes in places where it’s appropriate and peatland and salt marsh restoration.
https://www.gov.uk/government/publications/environmental-land-management-schemes-overview/environmental-land-management-scheme-overview

Habitats and Species Policies and Regulations

The Environment Act 2021
This sets government targets to halt the decline in species abundance, protect 30% of UK land, restore and create habitats and reduce the risk of species extinction. Local Authorities are required to consider Local Nature Recovery Strategies, Species Conservation Strategies and Protected Site Strategies. The Act sets out policies to secure clean, healthy, productive and biologically diverse seas and oceans including sustainable fisheries and good environmental status. Key commitments that are protecting and growing natural capital, embedding a ‘net environmental gain’ principle for development to deliver environmental improvements and expanding the net gain approaches used for biodiversity to include wider natural capital benefits, such as flood protection, recreation and improved water and air quality.
https://www.legislation.gov.uk/ukpga/2021/30/contents/enacted

Levelling Up and Regeneration Bill (not yet enacted)
This tackles the issue of housing and development being a significant source of nutrient pollution to key habitats sites, including the Solent. In addition, developers, environmental organisations, local authorities and Natural England have begun to invest in mitigations (such as nitrate credits) so that new housing can be consented in the relevant area. Island land that has drainage to the Solent can be used to offset mainland development.
https://www.gov.uk/government/collections/levelling-up-and-regeneration-bill

The Conservation of Habitats and Species Regulations 2017 (as amended)
The Habitats Directive identifies 189 habitat types and 788 species protected by Special Areas of Conservation (SAC). These areas are identified as making a significant contribution to conserving those listed habitats/species. Special Protection Areas (SPAs) are protected areas for birds under the Wild Birds Directive. There are 275 in the UK. Any plan likely to affect these has to have an assessment under the Habitats Directive, and must not have adverse effects.
https://www.legislation.gov.uk/uksi/2017/1012/2020-12-31

The Wildlife and Countryside Act 1981 (as amended)
All birds and a variety of other plant and animal species are protected under this Act. The Act also includes sections relating to Sites of Scientific Interest, National Parks and countryside access and rights of way. Section 14 of the Wildlife and Countryside Act 1981 prevents the release into the wild of certain plants and animals which may cause ecological, environmental, or socio-economic harm.
https://www.legislation.gov.uk/ukpga/1981/69/contents

UK Marine Strategy
The UK Marine Strategy provides the framework for delivering marine policy at the UK level and sets out how to achieve the vision of clean, healthy, safe, productive and biologically diverse oceans and seas. It consists of a simple 3-stage framework for achieving good environmental status (GES). Achieving GES is about protecting the marine environment, preventing its deterioration and restoring it where practical, while allowing sustainable use of marine resources. The strategy covers 11 elements including: biodiversity; non-indigenous species; commercial fish; food webs; eutrophication; sea-floor integrity; hydrographical conditions; contaminants; contaminants in seafood; marine litter and underwater noise.
https://www.gov.uk/government/publications/marine-strategy-part-one-uk-updated-assessment-and-good-environmental-status

England Peat Action Plan (Policy Paper)
The England Peat Action Plan sets out the government’s long-term vision for the management, protection and restoration of our peatlands, so that they provide a wide range of benefits to wildlife, people and the planet. To implement this vision, the plan includes the announcement of the Nature for Climate Peatland Grant Scheme through the Nature for Climate Fund, a commitment to end the use of peat in the amateur horticulture sector, a new spatial map of England’s peatland.
https://www.gov.uk/government/publications/england-peat-action-plan

The Invasive Species Non-Native (Alien) Animal and Plant Rules 2020
These are species whose potential adverse impacts are such that concerted action is required to manage their impact. Several of these species are present on the Island and are associated with riverine or marine environments. There are restrictions about allowing to escape to the wild and buying and selling. Some, such as Creeping Water Primrose have an ‘eradication’ policy.
https://www.gov.uk/guidance/invasive-non-native-alien-animal-species-rules-in-england-and-wales
https://www.gov.uk/guidance/invasive-non-native-alien-plant-species-rules-in-england-and-wales

Environmental Land Management Schemes
There are 3 new schemes that will reward environmental land management, Sustainable Farming Incentive, Local Nature Recovery, and Landscape Recovery. The Sustainable Farming Incentive offers 23 actions across 8 areas and the ones that are most likely to be advantageous to wetland habitat and species restoration are farmland wildlife and low input grassland. The Local Nature Recovery scheme will pay for actions that support local nature recovery and meet local environmental priorities. The scheme will encourage collaboration between farmers, helping them work together to improve their local environment. The Landscape Recovery scheme will support landscape and ecosystem recovery through long-term projects, such as restoring wilder landscapes in places where it’s appropriate and peatland and salt marsh restoration.
https://www.gov.uk/government/publications/environmental-land-management-schemes-overview/environmental-land-management-scheme-overview

South Marine Plan
Marine plans are developed by the Marine Management Organisation. They set out priorities and directions for future development within the plan area, inform sustainable use of marine resources, help marine users understand the best locations for their activities, including where new developments may be appropriate. The Solent lies within the South Marine Plan area.
https://www.gov.uk/government/collections/south-marine-plans

Solent Recreation Mitigation Strategy
Three Special Protection Areas (SPAs) have been designated for the tens of thousands of birds that come to the Solent coast each winter. Bird Aware Solent seeks to lessen potential impacts from increased local housing development near the Solent coast. The initiative is run by the Solent Recreation Mitigation Partnership and affects all new residential development within 5.6km of the SPAs. Developer contributions from this support Bird Aware Solent.

https://iow.gov.uk/environment-and-planning/planning/ecology/solent-recreation-mitigation-strategy/

Isle of Wight Invasive Alien Species Action Plan 2020
This includes sections on education, pathway prevention, species we want to keep out, or to control, and details who is doing what on the Island.

ISLE OF WIGHT IAS ACTION PLAN Feb2020

Isle of Wight Local Nature Recovery Strategy (underway)
Introduced in the Environment Act 2021 as detailed above. They will be developed by responsible authorities (Isle of Wight Council and Natural England) and will consist of a statement of biodiversity priorities for the strategy area, and a local habitat map for the strategy area. This will supersede the current Biodiversity Action Plan.
https://iow.gov.uk/environment-and-planning/planning/ecology/local-nature-recovery-strategy/

Isle of Wight Wetlands Habitat Action Plan (revised 2020)
This action plan embraces several wetland habitats that are identified as individual habitats types within Section 41 of the Natural Environment and Rural Communities Act 2006. This includes reedbeds, coastal and floodplain grazing marsh, fens, ponds and rivers. Species included are great crested newt and water vole. (Only 2011 revision online). https://www.wildonwight.co.uk/publications/haps/Wetlands%20HAP_revised%202011.pdf

Physical Modifications Policy and Regulations

The Water Environment Regulations and South East England River Basin Management Plan
River basin management plans (RBMPs) set the legally binding locally specific environmental objectives that underpin water regulation (such as permitting) and planning activities. The Environment Agency is responsible for the management of freshwater and migratory fisheries in England. This responsibility extends 6 nautical miles out to sea. The Environment Agency has a specific duty to maintain, improve and develop fisheries, including both migratory and freshwater fish. Specifically, the Environment Agency is required to maintain, improve and develop salmon, trout, freshwater fish, lampreys, smelt and eel fisheries.
https://www.gov.uk/guidance/s 2009-basin-management-plans-updated-2022

The Eels (England and Wales) Regulation
The Eels Regulations require the protection of eel at water intakes and make provision for eel passage at obstructions.
https://www.legislation.gov.uk/uksi/2009/3344/made

Environment Agency Flood Risk Activities Permits
These are required for the erecting or removal of structures in, over or under a main river, such as a culverts, outfalls, weirs, dams, pipe crossings, erosion protection, scaffolding or bridges. This applies to rivers over which the EA have authority.
https://www.gov.uk/guidance/flood-risk-activities-environmental-permits

Ordinary Watercourse Consents
These are required for any activity that is likely to impact the flow or storage of water, or that culvert water. This applies to water courses over which the Isle of Wight Council have authority.
https://www.iow.gov.uk/environment-and-planning/planning/flood-risk-and-watercourse-consents/ordinary-watercourses-and-consent/

Climate Resilience Policy and Regulations

The Environment Act 2021
Local Authorities are required to consider Local Nature Recovery Strategies, Species Conservation Strategies and Protected Site Strategies. The Act sets out policies to secure clean, healthy, productive and biologically diverse seas and oceans including sustainable fisheries and good environmental status. Key commitments that are protecting and growing natural capital, embedding a ‘net environmental gain’ principle for development to deliver environmental improvements and expanding the net gain approaches used for biodiversity to include wider natural capital benefits, such as flood protection, recreation and improved water and air quality.
https://www.legislation.gov.uk/ukpga/2021/30/contents/enacted

The Climate Change Act 2008
This sets up a framework for the UK to achieve its long-term goals of reducing greenhouse gas emissions and to ensure steps are taken towards adapting to the impact of climate change. It introduced legally binding carbon budgets with the aim of achieving net zero by 2050.
https://www.legislation.gov.uk/ukpga/2008/27/contents

National Adaptation Programme
Sets out a strategic five-year plan to boost resilience and protect people, homes, businesses and our cultural heritage against climate change risks such as flooding, drought and heatwaves. We are currently in NAP3.
https://www.gov.uk/government/publications/third-national-adaptation-programme-nap3

Environmental Land Management Schemes
There are 3 new schemes that will reward environmental land management, Sustainable Farming Incentive, Local Nature Recovery, and Landscape Recovery. The Sustainable Farming Incentive offers 23 actions across 8 areas and the ones that are most likely to be advantageous climate resiience are soil heath and low input grassland. The Local Nature Recovery scheme will pay for actions that support local nature recovery and meet local environmental priorities. The scheme will encourage collaboration between farmers, helping them work together to improve their local environment. The Landscape Recovery scheme will support landscape and ecosystem recovery through long-term projects, such as restoring wilder landscapes in places where it’s appropriate and peatland and salt marsh restoration.
https://www.gov.uk/government/publications/environmental-land-management-schemes-overview/environmental-land-management-scheme-overview

Isle of Wight Mission Zero Strategy

The Strategy fand Action Plan follows on from the Isle of Wight Council declaring a Climate Emergency in 2019 and sets out three target dates, namely to be net-carbon zero as a council by 2030, across our school estate by 2035 and as an Island by 2040. These include carbon off-setting targets to be achieved by land management.

https://togetherformissionzero.co.uk/mission-zero/

Isle of Wight Climate Adaptation Report
This details the impact of climate change on the Island and suggested adaptation actions including the role of land in providing mitigation opportunities.
https://www.iow.gov.uk/azservices/documents/Isle%20of%20Wight%20Climate%20Adaptation%20Report%202011.pdf

Engaging People Policies and Legislation

The Mental Health Strategy for England
This strategy sets out how the government, working with all sectors of the community and taking a life course approach, will improve the mental health and wellbeing of the population and keep people well.
https://www.gov.uk/government/publications/the-mental-health-strategy-for-england

Isle of Wight Public Health Strategy 2020-2025
This strategy sets out the ambition to improve the health and wellbeing of people living on the Isle of Wight. This strategy focuses on everyone living on the Island being able to have the same opportunities to live in good health. It creates a shared vision for how we can make health improvements happen over the next 5 years
https://iwc.iow.gov.uk/documentlibrary/view/iw-public-health-strategy-20-251

Isle of Wight Health and Wellbeing Strategy 2022-2027
The Health and Wellbeing Strategy sets out the strategy for improving the health of the Island population, based on the needs identified in the Joint Strategic Needs Assessment.
https://iwc.iow.gov.uk/documentlibrary/view/isle-of-wight-health-and-wellbeing-strategy-2022-27

Southern Water Drainage and Waste Water Management Plan
This is a new long-term plan that sets out how the Water Company intend to maintain, extend and improve systems to ensure they are robust and resilient to 2050 and beyond. It provides transparency, robustness and clarity for their future investment decisions. Targets for the Isle of Wight include reducing the risk of sewer blockages to include actions targeting customer campaigns to reduce the amount of FOG (fats, oils and grease) and unflushables in the sewer network.https://www.southernwater.co.uk/dwmp/isle-of-wight-catchment