Mr Dave Butler 
Business Manager, Policy &  Development
Warwick District Council
PO Box 2178
Leamington Spa
Warwickshire
CV32 5QH

	

Our ref: UT/2007/101229/OR-08/PO1-L01

Date:	28th December 2017

Dear Mr Butler

Burbrooke Neigbourhood Plan –Submission Draft 

Thank you for consulting the Environment Agency on the Submission Draft of the Burbrooke Neighbourhood Plan.

We are the main Agency providing advice on improving resilience and adaptation to the effects of climate change, with particular regard on flood risk, water resources, water quality and aquatic biodiversity.

We strive to make a positive contribution through our Statutory Consultee role and are happy to provide comments at this stage of the plan making process.

Flood Risk

We have reviewed the Neighbourhood Development Plan (NDP)- submission version, November 2017. 
 
The NDP does not include any policies to safeguard land at flood risk from the allocated sites or any future windfall sites. The NDP also makes no reference to the flood risk management policies set out in Warwick District Council’s adopted Local Plan, in particular Policy FW1 and FW2.

The following housing sites are location within the NDP Area:
 
Hampton Magna residential allocation – The site is located in Flood Zone 1 (low risk) as shown on our Flood Map for Planning (Rivers and Sea).
 
Hampton on the Hill settlement boundary – The site is located in Flood Zone 1 (low risk) as shown on our Flood Map for Planning (Rivers and Sea).
 
The Plan does not propose any policies to safeguard land at risk from fluvial flooding and the provision of sustainable management of surface water from both allocated and future windfall sites. The NDP should identify what mitigation measures it considers necessary e.g. safeguarding specific land (after identification) for flood attenuation and include this in the policies, to ensure that sites are safe and will not increase flood risk elsewhere and that opportunities to reduce flood risk are identified.
 
We recommend that flood risk management policies are included in the NDP to cover these aspects and take into account the impacts of climate change.  This should support the strategic development needs as set out in Warwick District Council’s Local Plan.  In particular with regard to Policy FW1 (Development in Areas at Risk of Flooding) and Policy FW2 (Sustainable Urban Drainage) of the emerging Local Plan.
 
Consideration should be given to the following measures to protect and enhance the river corridors of the Gog Brook and Horse Brook which are classified as Ordinary Watercourses located in the NDP area. This should consider the inclusion of the following mitigation measures;
 
•	Ensuring all new development is in Flood Zone 1. Only if there is no viable/available land in Flood Zone 1 should other areas be considered using the Sequential Test approach.
•	Opportunities to reduce flood risk elsewhere by allocating flood storage areas.
•	Setting back development 8m from the watercourses to allow access for maintenance and restoring the natural floodplain.
•	Ensure all SuDs features are located outside of the 1 in 100 year plus climate change flood extent.
•	Open up culverted watercourses and remove unnecessary obstructions. 
 
We recommend that Warwickshire County Council as the Lead Local Flood Authority (LLFA) are consulted on this Plan. The LLFA are responsible for managing flood risk from local sources including ordinary watercourses, groundwater and surface water.
 
Groundwater and Contaminated land

The NDP area is located on Triassic Mercia Mudstone which is designated a ‘Secondary (B) Aquifer’ by the Environment Agency.  This strata is covered by various superficial deposits of sands & gravels and clays which are designated as ‘Secondary (A) Aquifers’ and ‘Secondary Undifferentiated Aquifers’ 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  and Undifferentiated Aquifers may store and yield limited amounts of groundwater due to localised features such as fissures, thin permeable horizons.

There is one Source Protection Zone identified in the NDP Plan area, which is designated for a public water supply borehole licensed to Severn Trent Water at Budbrooke, Hampton-on-the-Hill. Source Protection Zones are used to identify those areas close to drinking water sources where the risk associated with groundwater contamination is greatest. Gog Brook flows into the northern area of the identified plan area, with the River Avon to the south.

Our records indicate that a historic landfill is located within the south-western part of the NDP area, which was utilised to dispose of surplus soil and development waste from the construction of the M40 at Norton Lindsey. This waste management license was surrendered in 1993. It should be noted that Local Authorities hold the most detailed records of historic landfills and consequently the relevant department of Warwick District Council should be contacted to ascertain if there is any additional information available.

We note that this landfill, or any potential issues with regards to land contamination, are not highlighted within the ‘NDP. If development is to be carried out in this area, consideration should be given to any residual risk to ‘Controlled Waters’ receptors and the need for any remedial actions.

In planning any development in this neighbourhood plan 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.

Biodiversity

There is little mention of watercourses in the within NDP. We would like to suggest additional text in Policy BNDP8 -Protecting & Enhancing Local Landscape Character and possibly Policy BNDP5 -Development Principles to highlight the significance of watercourses, waterbodies and wetlands.

"New developments will incorporate an adequate stand-off from watercourses to make space for both water during high flow events and protect associated biodiversity.  Culverting of watercourses should be avoided wherever possible.  Wetlands and ponds will also be buffered from both hard development and potential pollution sources e.g. fertilisers".  

If you have any further questions please do not hesitate to contact me.

Yours sincerely

Mr Kazi Hussain
Planning Specialist

Direct dial 020 3025 3030 
Direct e-mail swwmplanning@Environment-Agency.gov.uk