Some rain overnight but nothing too serious so far though perhaps a small rise is in the offing at the moment as the river high up at Llangurig is high and coloured.   Otherwise all is quiet with no further confirmed reports of any more catches.

HOT OFF THE PRESS.

Superb 22 1/2 lb springer taken off Luggs mouth a few hours ago on a Black and Yellow F/C by Gillie Glynn Cawte.

WSA.      More rods on the river.

Old Harp Fishery

We are delighted to inform you that, with the kind permission of the owners this season the WSA  Get More Rods on River scheme includes two rods each day at the Old Harp Fishery, Hoarwithy, during the prime spring period of 15^th Mar to 15^th June’

The fishery has three quarters mile of double bank fishing above Hoarwithy Bridge. The beat has been in the same family ownership for many years, and was historically a prolific water considering the lack of fishing pressure from family and friends. It has only been fished sporadically for Salmon in recent times and the occasionally recorded fish cannot reflect the potential of the fishery [see http://www.oldharpfishery.co.uk/].

There is good wading fly water and deeper sections and pools, aimed at keen and experienced Salmon fishermen.

For availability see; WSA_GMROR 2021.xlsm

WSA

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Herefordshire Council  POSITION RE RIVER LUGG PHOSPHATE POSITION.

 Habitat Regulation Assessments (HRA) of Neighbourhood

Development Plans within the River Lugg hydrological catchment

area

Position Statement update

1 March 2021

The River Lugg is a tributary of the River Wye and forms part of the River Wye Special Area

of Conservation (“River Wye SAC”) from Hope under Dinmore. The River Lugg hydrological

catchment area (“River Lugg Catchment Area”) covers predominantly the north of

Herefordshire and includes the catchments of the River Arrow and the River Frome. The

River Lugg is currently exceeding its limits for phosphates as a result of water pollution from

both ‘point’ source (in particular sewerage outlets) and ‘diffuse’ source (in particular

agricultural run-off). A map showing this area is attached below.

To date, Herefordshire Council’s approach, which has permitted the continued progression

of neighbourhood plans in the River Lugg Catchment Area, has been based on previous

legal advice sought following the ‘Dutch Case’. That advice was that the application of Policy

SD4 of the Core Strategy would ensure that the neighbourhood plan provides no pathways

to adverse effects on the integrity of the River Wye SAC. Previous position statements are

available here

There are a number of draft neighbourhood plans progressing for areas that are located

within the River Lugg Catchment Area which the Council has received recent consultation

comments from Natural England (“NE”) upon. NE have stated their view that the

neighbourhood plans are unable to demonstrate there will be no likely significant effects, on

the basis that the Nutrient Management Plan no longer offers sufficient certainty that the

phosphate targets in the River Lugg can be met, is unable to mitigate against the effects of

development in the River Lugg Catchment Area and the strategic mitigation provided by

Policy SD4 of the Core Strategy cannot guarantee scientific certainty with regards to water

quality and therefore should not continue to be relied upon in policy terms.

Although the neighbourhood plans themselves do not grant planning permission for

development they are subject to compliance with The Conservation of Species and Habitats

Regulations 2017 as the regulations apply to any plan as well as any developments requiring

planning permission.

Until it can be demonstrated that there are no adverse effects on the integrity of the River

Lugg Catchment Area as a result of the proposed allocations in the neighbourhood plan, the

Council is unable to continue to promote a neighbourhood plan which allocates sites for

residential development within the catchment area.

Therefore until water quality conditions improve sufficiently and measures and/or treatment

works are in place to conclude that there would be no adverse effect on the River Lugg

Catchment Area, the neighbourhood plans will fail part of the ‘Basic Conditions’ test.

The basic conditions include compliance with the Conservation of Species and Habitats

Regulations 2017. In order to progress neighbourhood plans and meet the basic conditions it

is necessary for the Nutrient Management Plan to provide sufficient certainty and

improvements to the water quality in the River Lugg Catchment Area, which as referred to

above, it cannot at this point in time.

Therefore at this stage any neighbourhood plans within the River Lugg Catchment Area will

be subject to the following:

• Those neighbourhood plans awaiting referendum cannot be made/adopted

notwithstanding if they achieve a positive referendum result as they will be unable to

meet the requirements of the basic conditions. This includes neighbourhood plans

where the referendum has been placed on hold due to the Coronavirus Act 2020 as

the advice on not being able to comply with the basic conditions has been received

post issuance of the examination report and Decision Document.

• On completion of the consultation by the parish council at Regulation 14, they would

normally submit a suite of documents to the local planning authority including a

statement at Regulation 15 which would need to explain how the neighbourhood plan

meets the requirements of the basic conditions (The Basic Condition Statement). At

the present time, due to the failing water quality levels in the River Lugg Catchment

Area, it is not possible for the parish council to demonstrate that this part of the

basic conditions can be met.

Whilst the parish council could submit the required information at Regulation 15 to

progress, the Council would strongly advise not to proceed to Regulation 16

consultation as beyond that the examination would incur costs, would fail the basic

conditions and would not be able to proceed to referendum.

• As part of the consultation on the neighbourhood plan at Regulation 14, the Council

produce an HRA for the parish council. The Council will not be able to produce an

HRA demonstrating that there will be no likely significant effects on the River Lugg

catchment area.

It is important to stress that this is the current position and advice, this is a complex situation

with many moving parts and the Council are actively working with partners through the

Nutrient Management Board to address the phosphate issues within the River Lugg

Catchment Area. This issue is also being raised nationally. For up to date information and

position statements on the progress of work to address this, they can be found here