Addendum For The Meeting Of Development And Regulation Committee 25 November 2016

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Item 5.1 (DR/39/16) Land between River Blackwater and Rivenhall IWMF site, Kelvedon, CO5 9DF

 

Page 35

SITE

2nd paragraph replace first two sentences with

The site starts at a bridge over the River Blackwater.  The bridge was historically part of the private access road from West Street to Coggeshall Quarry (now closed and restored).

 

Page 36

PROPOSAL

3rd sentence replace with

The water main and pumping station would be located below ground and the abstraction point located under the existing old haul road bridge over the River Blackwater.

 

Page 40

CONSULTATIONS

Update as follows

ESSEX WILDLIFE TRUST: No objection.  However concerned with respect to adverse impacts on species and habitats of the River Blackwater.  Consider that a survey to check for protected species such as water vole and nesting birds is essential.

 

COGGESHALL PARISH COUNCIL: Object on the following grounds:

·      The application cannot be determined without knowing whether a further abstraction and discharge licence has been issued by the EA

·      Application is not necessary based on the original IWMF application wherein it clearly states that the IWMF will operator a closed loop system thereby negating the need for the abstraction point.

·      The application does not comply with the sustainability requirements of the local plan core strategy 2011 with respect to the IWMF and this water requirement

·      The Local plan specifically refers to the Blackwater as a protected watercourse (protecting water resources)

·      The route for the proposed pipeline crosses footpaths, putting the public at risk

·      The route will cause massive disturbance to wildlife.

·      The route for the proposed pipeline does not fall entirely within the land ownership of the proposer

·      The forms included state that this is not in a flood area where it clearly is and as such the forms are incorrect thereby making the application incorrect and invalid

·      The application contravenes The Essex Biodiversity Action Plan as there are now protected Bitterns in the area of the proposed development and Bitterns are adversely impacted by water abstraction

·      Concerned ECC not open minded as relying on capacity of IWMF within emerging RWLP

 

Page 41

REPRESENTATIONS

Delete 2nd sentence and replace with

Letters of representation were received from 37 respondents, including one from the Coggeshall Society.

Add additional paragraph.

In addition 6 letters of complaint have been submitted to the ECC Monitoring Officer with respect to the Rivenhall IWMF.  These letters include objection comments relevant to the current application, some comments of which have been raised by other representees.  In addition 6 letters have been received from Priti Patel MP on behalf of residents raising concerns with respect to the IWMF development and including comments relevant to the current application, some comments of which have been raised by other representees.

 

Page 42

First comment at top of page “…need or abstraction…” should read “ need for abstraction”

Page 43

Delete 2nd comment under Other issues, a repeat of comment above in error.

 

Add the following additional comments

Observation
Comment
The application states it is their intention to apply for abstraction and discharge in the future – a further example of planning creep
The current application provides the infrastructure to allow abstraction already licensed by the EA and forming part of the permitted proposals of the IWMF.  A licence to abstract and discharge would need to be subject of a further application to the EA and may require a further planning application.
Failure to satisfactorily include sufficient open public participation and consultation
The planning application was advertised in accordance with the Statement of Community Involvement, including site and press notices and notification to properties within 250m.
Contrary to Essex Biodiversity Action Plan as will impact upon Bittern populations
The EA in considering the abstraction licence would have considered the impact upon ecology.  There would be a need to check for protected species prior to commencement of construction.
Impact of the proposed abstraction on the proposed flood alleviation scheme for Coggeshall has not been considered.
No objection has been received from the Environment Agency.
Page 44

APPRAISAL

A – NEED & PRINCIPLE OF DEVELOPMENT

2nd paragraph replace with

 

The applicant has already obtained an abstraction licence from the Environment Agency to allow water to be abstracted from the River Blackwater at a point under an existing bridge, such that the principle and impact of water abstraction from the River is not part of the planning consideration.

 

Page 47

APPRAISAL

D – LANDSCAPE & VISUAL IMPACT

 

1st paragraph replace 1st sentence with

 

The abstraction point would be located below the existing bridge and the pipework and pumping station would be located below ground.

 

3rd paragraph replace 2nd sentence

 

It is therefore considered that the proposals would be in accordance with WLP policy W10E and RWLP emerging policy 10 and BDLPR policy RLP 90 and BCS policy CS5.

 

 

Page 50

RECOMMENDATION

 

Delete condition 12 a repeat of condition 5 in error.

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