Yes, you really did read that correctly.
an information gathering exercise which follows a prescribed, well established methodology carried out by the developer and which enables a local planning authority to understand the environmental effects of a development before deciding whether it should go ahead.
Without certain basic information the local planning authority is in no position to understand or to make an informed decision about whether permission should be granted. Friends of the Earth point to Judicial Reviews and say:
Our claims will often question whether the authorities have considered all material factors.
A plan indicating how surface water would be safely managed would plainly be a material factor and the very minimum a flood risk team should need to understand in order to make an informed decision.
Six years ago, for Aggregate Industries’ first application to quarry Straitgate Farm, Devon County Council's Flood Risk Management Team – in its role as Lead Local Flood Authority – requested a "detailed surface water strategy":
This should include detailed design regarding [the infiltration features'] size, details whether infiltration is permitted at the proposed locations and where targeted at areas where infiltration is required to support the spring lines of the existing watercourses (as commented by the Environment Agency), together with details of exceedance pathways.
The surface water management is inextricably connected to Flood Risk Management/Airport safeguarding and the need to maintain and recharge watercourses. This issue is so important in terms of the likely significant impacts of the proposal the MPA would wish to ensure that a SWM scheme can be designed to meet all of the requirements identified in advance of the determination of this application.
An issue "so important." A surface water management scheme "in advance of the determination." Not our words – Devon County Council’s.
Since then, Aggregate Industries has had SIX YEARS to join the dots, SIX YEARS to produce a workable flood mitigation scheme, SIX YEARS to come up with a detailed design. The company has been unable to do so. Click the flooding label for the whole sorry tale.
Clearly, Devon County Council hopes that poor Aggregate Industries will have more success away from the eyes of public scrutiny. The LLFA – which had previously objected – now says:
Our objection is withdrawn and we have no in-principle objections to the above planning application at this stage, assuming that the following pre-commencement planning condition is imposed on any approved permission...
What condition? The LLFA proposes – only AFTER councillors have voted – that:
No development hereby permitted shall commence until the following information has been submitted to and approved in writing by the Local Planning Authority:
(b) The applicant should submit a detailed drainage design... prior to commencement of each Excavation Phase. This should also include the detailed design of the surface water management strategy proposed for the Restoration Stage as well as cross sections of the proposed basins and infiltration testing...(d) A plan indicating how exceedance flows will be safely managed at the site.(e) A plan indicating how surface water will be managed in the areas which will be stripped for storage of materials.
How on earth can councillors make an informed decision about so important an issue – particularly for downstream flood-prone communities – knowing that the Council’s Flood Risk Team has not even seen "a plan indicating how exceedance flows will be safely managed"? It beggars belief.
The reason given for these conditions?
The conditions should be pre-commencement since it is essential that the proposed surface water drainage system is shown to be feasible...
Yep, you read that correctly too. As things stand, Devon Councty Council and the LLFA have no idea whether a drainage plan at Straitgate Farm is even feasible?
Policy M24: Flooding of the Devon Minerals Plan says proposals for mineral development:
...will be accompanied by a Flood Risk Assessment that must demonstrate that the proposal will be safe for its lifetime taking account of the vulnerability of its users, without increasing flood risk elsewhere and, where possible, will reduce flood risk overall.
With NO PLAN for "how exceedance flows will be safely managed", and NO PLAN for "how surface water will be managed in the areas which will be stripped for storage of materials", Aggregate Industries' Flood Risk Assessment has very obviously NOT demonstrated that the proposal will be safe.
