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BRECKLAND COUNCIL - PLANNING COMMITTEE - 11-03-2013appraisal considering the sub-optimum time of year. Less years ago this site was in anEnvironmental Stewardship agreement and had been selected by the Wensum Valley Trust forthe promotion of otter holts because of its quiet and well covered habitat. It is impossible not toconclude from the report that the current ecological status of the proposal site is the result ofsystematic degrading of previously existing habitats and this should be appreciated as thecontext within which the current proposal is made. Other details remain outstanding.Natural England highlight a number of points of concern:The details of the foul water treatment are insufficient but no further details have beenforthcoming to date.That no details have been provided of methods to be employed to prevent any deleteriousconstruction associated waters from reaching and having an adverse effect on the RiverWensum SAC.That the application does not state from where the proposed development will source its waterand that these details - agreed with the Environment Agency - should be provided prior todetermination of the application.The River Wensum Special Area of Conservation is part of the Natura 2000 network of Europeanprotected sites designated under the EU Habitats Directive and is cited for its special flora andassociated fauna.The Conservation of Habitats and Species Regulations 2010, Regulation 61 - (1) requires thatbefore giving any consent which is likely to have a significant effect on a European site - eitheralone or in combination with other past, present or future plans - Local Planning Authorities mustmake a Habitats Regulations Assessment (HRA) of the implications for the conservationobjectives of the site.The precautionary principle is embedded within the Regulations through the Waddenzee Rulingby the ECJ which established a presumption against a development proposal unless noreasonable scientific doubt remains as to the absence of such adverse effects.Furthermore, it is not permitted to cause deterioration of a site or part of it on the basis that theconservation status of the citation species will anyway remain favourable elsewhere.Regulation 61 - (2) states "A person apply for consent .... must provide such information as thecompetent authority may reasonably require for the purposes of assessment"It is clear that the proposal has the potential to have a significant adverse effect on the SAC andthat therefore the competent authority (Breckland Council) must make a Habitats RegulationsAssessment of its implications. To this end further information has been sought but not received.Therefore it is not possible to conclude that the proposal will not have an adverse effect on theEuropean site and there must be a presumption against consent.CONTAMINATED LAND OFFICERNo objections based on both the accuracy of the information provided and the current records ofcontaminated land issuesDC131_new35
BRECKLAND COUNCIL - PLANNING COMMITTEE - 11-03-2013NORTH NORFOLK DISTRICT COUNCILThe LPA does not wish to make any comments in respect of this application.NORFOLK RIVERS INTERNAL DRAINAGE BOARDThe current application indicates that there is no fundamental change to the existing drainageregime, and that the works lie outside of the Norfolk Rivers Internal Drainage Board drainagedistrict. However, works to drainage outside of the district may have an effect on the districtdrainage, therefore the Norfolk Rivers IDB will need to be consulted on any change to thedrainage. Furthermore, if the works are extended into the IDB district the prior written consent ofthe IDB is required for any drainage matters.JAMES PARRY, CHAIRMAN CPRE NORFOLKI am writing to register CPRE Norfolks objection to the above scheme as proposed and submittedfor planning consent.It is unusual to come across an application that contravenes quite so many planning guidelinesand policies as this one, particularly when it appears that work requiring consent has alreadygone ahead and that protected parts of the site may have been compromised or damagedalready as a result. We urge your Planning Committee to ensure that such transgressions will bebrought to account, as they set a dangerous precedent.The proposed development is in direct contravention of several key LPA policies as expressed inthe Breckland LDF, namely:CP6 regarding the protection and enhancement of green infrastructure of local and strategicimportance. There is clear evidence that public access to the registered common site has alreadybeen largely impaired and its long-term future is in jeopardy. Meanwhile, the SSSI and SAM havebeen negatively affected by the work that is already underway, much of it without permission.This is in direct contravention of CP10, which states that Open spaces and areas of biodiversityinterest will be protected from harm. The Breckland LDF makes clear that Historic Parks andGardens and Scheduled Ancient Monuments and ...Sites of Special Scientific Interest (SSSI)...will be comprehensively protected from the effects of new development.To date, there is littleevidence that Breckland DC and its partner agencies are meeting this commitment in thisparticular case.CP11 states that High protection will also be given to the River Valleys and Chalk Rivers inBreckland. The River Wensum is a key element in the districts river network and must be givendirect and meaningful protection from schemes of this nature. Some of the work that has alreadytaken place may be in contravention of CP11 in terms of its effect on the river and its setting.CP 14 regarding rural settlement boundaries. All the proposed development sits outside theagreed village envelope and is of a scale inappropriate to its location.Our objection to the proposed application aside, what particularly concerns CPRE Norfolk is theextent to which so much potentially damaging work has already gone ahead at the site concernedwithout the requisite permission and that little or nothing by way of enforcement has beenimplemented by Breckland DC.DC131_new36
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