In 2015, Devon County Council issued a Scoping Opinion: PRE/0953/2015 Proposed extraction of Sand and Gravel at Straitgate Farm, Ottery St Mary. We posted about it at the time.
Devon County Council said the Scoping Opinion was:
...a formal opinion as to the information that the applicant will need to include in the Environmental Statement to accompany the planning application for the proposal described above PRE/0953/2015.
Given the LLFA's recent response, let’s remind ourselves what the Scoping Opinion said on flood risk:
In brief, emphasis added, the Scoping Opinion told Aggregate Industries that "as a minimum" it should – amongst other things – demonstrate that "it will be feasible to balance surface-water runoff to the greenfield rate for all events up to the 1 in 100 year storm plus an allowance of 30% for climate change"; that "Where SuDS are proposed, it must be demonstrated that they are feasible..."; that a site plan should show "exceedance flow paths".
Pretty normal stuff. But obviously not for Aggregate Industries, who has so far been unable to show that its surface water management plans are feasible.
Despite that, the LLFA has withdrawn its previous objection, on the basis that a pre-commencement planning condition is imposed:
The conditions should be pre-commencement since it is essential that the proposed surface water drainage system is shown to be feasible...
Amazingly, the proposed condition – to be resolved after determination, when 6 years have not been enough to resolve matters before determination – shows that the LLFA has not even seen "a plan indicating how exceedance flows will be safely managed at the site." Clearly, without such a plan – and a raft of other information too –
Aggregate Industries has NOT demonstrated either feasibility or the safe management of flood risk.
Has Devon County Council forgotten its Scoping Opinion, and its request that there should be "proper consideration of all of the likely effects of the project"?
Has Devon County Council forgotten Regulation 18(4)(b) of The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 that says "An environmental statement must... include the information reasonably required for reaching a reasoned conclusion on the significant effects of the development on the environment..."?
