Wednesday 21 February 2024

What exactly is a water body?

Although the creation of temporary water bodies – for surface water management and restoration – is shown on Aggregate Industries’ plans to quarry Straitgate Farm, Planning Inspectors conditioned that the site can only be quarried if: 
25. No water body shall be created within the site other than the approved weigh bridge lagoon. 
The reason for this was set out in the condition in its draft form (20):
To prevent the site becoming attractive to flocks of birds that may lead to an aviation hazard in the interests of public safety and in accordance with Policy M20 (Sustainable Design) of the Devon Minerals Plan.
Straitgate Farm sits directly below the landing approach for Exeter Airport.
 

Condition 25 is unequivocal. 

It is not weakened by an unless otherwise agreed tailpiece. The Inspectors strengthened the draft condition by removing "without the prior written approval of the Council...".

It is not limited by size. The Inspectors did not specify any minimum. 

It is not limited by duration. The Inspectors removed the qualifier permanent from the draft condition after hearing how temporary water bodies can attract seasonal birds. 

What exactly is a water body? Lawinsider says
Waterbody means any accumulation of water, surface or underground, natural or artificial, including rivers, streams, creeks, ditches, swales, lakes, ponds, marshes, wetlands, and ground water. 
Wikipedia says:
The term most often refers to oceans, seas, and lakes, but it includes smaller pools of water such as ponds, wetlands, or more rarely, puddles.
Puddles? Apparently so. In 47 Types Of Bodies Of Water: Pictures And More, Puddle sits at No. 31. 

In fact, in Puddle Britain: 11 amazing facts about tiny bodies of water, Prof Jeremy Biggs, the CEO of the Freshwater Habitats Trust, author of the book Ponds, Pools and Puddles, explains when a puddle becomes a pond, or, for that matter, a lake:
In the UK, we call everything up to 2 hectares [about 5 acres] a pond, but a lake that’s 2.1 hectares is really no different from a pond that’s 1.9 hectares. Down the bottom end, we call things down to 1 sq metre a pond, so then it’s below that we have puddles.


What hope does Aggregate Industries have of controlling puddles – if it can’t even control this
Indeed, what hope does Aggregate Industries have of not creating any new bodies of water, when Google Earth images confirm they were introduced at all of the company's other BSPB quarries


But perhaps Aggregate Industries has a cunning plan. 

Why does all this matter? Aggregate Industries left water bodies at nearby Blackhill Quarry – and these were some of the visitors that arrived.

It was Canada geese that brought down US Airways Flight 1549.