Mr Dave Barber
Warwick District Council
PO Box 2178
Leamington Spa
Warwickshire
CV32 5QH

	

Our ref:	UT/2007/101229/OT-02/IS1-L01
Your ref:	

Date:		30 November 2016

Dear Mr Barber
  
Radford Semele Parish Council has applied to Warwick District Council for the designation of a Neighbourhood Plan Area under Part 2 of the Neighbourhood Planning (General) Regulations 2012.

Thank you for referring the above application which was received on 11th November 2016.

Environment Agency Position
The Agency has no objections to the proposed designation of a Neighbourhood Plan Area but wishes to make the following comments.

Flood Risk 

The Parishes contains sections of Main River: River Sowe and Whitnash Brook. In addition, there are a number of ordinary watercourses within the Neighbourhood Plan Area.  The floodplain extent can be viewed on the Environment Agency’s Flood Map for Planning (Rivers and Sea).
 
We would hope that any Neighbourhood Plan in this area would consider the need not only that flood risk does not increase, but will seek to actively reduce flood risk and provide betterment wherever possible in line with paragraph 100 of National Planning Policy Framework (NPPF). It is also considered appropriate for a Neighbourhood Plan to investigate possibilities to enhance watercourse corridor biodiversity, as well as contribute to achieving WFD aims of improving the ecological status of the waterbody.
 
We recommend that you consult the Lead Local Flood Authority (in this case Warwickshire County Council) as the lead for local flood risk which includes groundwater, surface water and ordinary watercourses. Further information about flood risk can be found in the Warwickshire County Councils Strategic Flood Risk Assessment at: http://www.warwickshire.gov.uk/sfra
 
Any proposed works or structures, in, under, over or within 8 metres of the top of the bank of designated ‘main rivers’ may require an Environmental Permit from the Environment Agency under the terms of the Environmental Permitting (England and Wales) (Amendment) (No. 2) Regulations 2016.  This was formerly called a Flood Defence Consent.  Some activities are also now excluded or exempt.  An environmental permit is in addition to and a separate process from obtaining planning permission.  Further details and guidance are available on the GOV.UK website: https://www.gov.uk/guidance/flood-risk-activities-environmental-permits

Surface water drainage 
 
The Neighbourhood Plan is essentially placed to play a vital role in managing surface water runoff and reducing the risk of surface water flooding. This can be achieved through an understanding at a local level of existing surface water flooding issues and recommending action to alleviate or resolve these issues. The Neighbourhood Plan can then go further and actively promote sustainable methods of drainage that ensure surface water runoff does not increase as a result of new development.
 
It is strongly recommended that the Plan includes strong support for Sustainable Drainage Systems (SuDS). These can achieve multiple environmental benefits not only by reducing flood risk from surface water, but also in areas such as biodiversity, amenity and water quality.
 
Documents such as Ciria C697 (the SuDS Manual) and Part H of the Building Regulations 2000 can provide excellent reference points for determining a suitable working practice for surface water drainage considerations. It should be noted that any such recommendations within the Neighbourhood Plan must conform to and complement the requirements and aims of local planning policy and the Lead Local Flood Authority.
 
Groundwater & Contamination 

Please note these comments relate solely to the protection of ‘Controlled Waters’.

Reference to the 1:50,000 scale geological map Sheet 184 (Warwick) indicates that the area is located on Triassic Mercia Mudstone which is designated a ‘Secondary (B) Aquifer’ by the Environment Agency.  This strata are covered by various superficial deposits of sands & gravels and clays which are designated as ‘Secondary (A) Aquifers’ and ‘Unproductive Strata’ respectively.
 
Secondary A Aquifers are capable of supporting water supplies at a local rather than strategic scale, and in some cases forming an important source of base flow to rivers.  Secondary B Aquifers may store and yield limited amounts of groundwater due to localised features such as fissures, thin permeable horizons.  Unproductive strata are generally unable to provide usable water supplies and are unlikely to have surface water and wetland ecosystems dependent upon them.
 
There are several licensed groundwater abstractions in the Neighbourhood Plan area but none of these are for Public Water Supply.  Consequently there are no Source Protection Zones designated for the area.  Source Protection Zones are used to identify those areas close to drinking water sources where the risk associated with groundwater contamination is greatest.
 
In planning any development in this area reference should be made to our ‘Groundwater Protection: Principles and Practice’ (GP3) document.  This sets out our position on a wide range of activities and developments, including:
 
•	Storage of pollutants and hazardous substances
•	Solid waste management
•	Discharge of liquid effluents into the ground (including site drainage)
•	Management of groundwater resources
•	Land contamination
•	Ground source heat pumps
•	Cemetery developments
 
Government Policy, as detailed in the National Planning Policy Framework (paragraph 120), states that ‘where a site is affected by contamination or land stability issues, responsibility for securing a safe development rests with the developer and/or landowner’.  Consequently should a development site currently or formerly have been subject to land-use(s) which have the potential to have caused contamination of the underlying soils and groundwater then any Planning Application must be supported by a Preliminary Risk Assessment.  This should demonstrate that the risks posed to ‘Controlled Waters’ by any contamination are understood by the applicant and can be safely managed.

Land & Water

In the event of any construction works, developers must ensure that checks are made with Severn Trent Water to confirm the foul drainage system can adequately accommodate any proposed increase in foul flows.  Developer should also ensure no pollution occurs; for instance no polluting emissions to air, land or water should result from actions by the developer or by its sub-contractors.

Yours sincerely

Ms Tracey Kempson-Byrne
Planning Advisor

Direct dial 020 847 48341
Direct e-mail tracey.kempson-byrne@environment-agency.gov.uk