Samuel House, 1st Floor, 5 Fox Valley Way, Stocksbridge, Sheffield, S36 2AA
Tel: 0114 321 5151 www.enzygo.com Our Ref: SHF.1615.003.HY.L.001.A Date: 13th February 2020
Your Reference: 3/2020/0010
FAO: Carole Woosey Email: [email protected] Ribble Valley Borough Council Development Control Council Offices Church Walk Clitheroe Lancashire BB7 2RA
Dear Carole,
RE: HENTHORN ROAD, CLITHEROE, BB7 2QF [REFERENCE 3/2020/0010] - RESPONSE TO ENVIRONMENT AGENCY OBJECTION
Enzygo Ltd have been commissioned to provide a response to an Environment Agency objection to a reserved matters planning application for 21 units on the above Site. A copy of the Environment Agency objection letter (Reference: NO/2020/112396/01-L01) is included as Attachment 1.
This letter relates specifically to addressing Comments 1, 2 and 3 of the Environment Agency response. Please find below our response to the Environment Agency comments.
‘The proposed development would restrict essential maintenance and emergency access to Pendleton Brook, Main River. The permanent retention of a continuous unobstructed area is an essential requirement for future maintenance and/or improvement work’ To overcome our objection, the applicant should;
1) Submit cross sections extending from the water’s edge, including the top of the riverbank to the development areas closest to the watercourse, specifically plots 8 and 13 (Sabden), plot 7 (Eagley) and between the top of the riverbank and the attenuation pond. Drawing HR-BTP-00-S-DR-A-3537_160A (Attachment 2) includes cross sections at Plots 8, 7, 13 and the attenuation basin location as requested. The cross sections demonstrate that the built development will be a minimum of 13.2m (Plot 8) from the surveyed Pendleton Brook right bank top (A).
2) Demonstrate that there will be a permanent retention of a continuous unobstructed area of 8m measured from the top of bank of Pendleton Brook. No development such as new dwellings, private gardens, attenuation ponds and fences should be located within this area. The surveyed location of the Pendleton Brook right bank top aligns with the Pendleton Brook channel as shown in aerial imagery for the years of 2015 and 2018 (Google Earth pro) (Attachment 3). Aerial imagery demonstrates that the area to the north of the bank top location comprises largely of mature trees and established vegetation and would be considered floodplain rather than Pendleton Brook channel.
Further comparison has been undertaken between the surveyed bank top location, locations of Plots 7, 8, 13 and attenuation basin and an 8m easement (Attachment 4). Attachment 4 clearly demonstrates that the proposed locations of Plots 7, 8, 13 and attenuation basin are outside the statutory 8m for a main river.
Enzygo Limited Registered in England No. 06525159 Stag House, The Chipping, Wotton under Edge, GL12 7AD
The proposed development layout has been provided in Drawing HR-BTP-00-SP-DR-A-3537_105E (Attachment 5), which clearly shows the 8m easement would comprise undeveloped land with existing mature trees, that lies outside the proposed area of built development and landscaping. The area between the location of built development and bank top has an average gradient of 1:3.4, which represents a moderate to steep slope and would be unsuitable for further built development.
Between the 8m easement (Attachment 4, yellow line) and the footprints of Plots 7, 8, 13, there is a further +5.0m, which would allow continuous uninterrupted vehicle access. There are however points of access upstream, downstream and between the plots which would allow access points to the highways, where more room is required for maintenance activities.
3) If available, please submit stability calculations for the proposed attenuation pond. Section 04, as included within Attachment 2, demonstrates that the proposed attenuation basin is located 14.3m from the right-hand bank top of the Pendleton Brook.
The below response was provided by the applicant’s engineers. No stability calculations are available for the proposed attenuation basin, however, the creation of the basin will be by means of excavation rather than bunding. The excavation will remove a substantial volume of earth that will be distributed within the Site, away from the Pendleton Brook. The basin void will be empty for the majority of the time and will therefore reduce loading in area A to B (14.3m), as shown in Section 04 (Attachment 2). Even during the short periods in which the basin will be full with the attenuated water volume, the loading to area A to B will be less than the existing site with the material in place.
In order to ensure that structural integrity of area A to B of section 04 (Attachment 2) is not compromised through percolation of the attenuated water volume towards the Pendleton Brook, the basin can be sealed to isolate the attenuated water volume.
We trust that the details presented herein are self-explanatory and clear, and the Environment Agency comments have been addressed.
If, for any reason you should have any queries or comments, please do not hesitate to contact me on 0114 321 5151.
Yours sincerely
Richard Hughes BSc (Hons), MSc, MCIWEM Senior Hydrologist Enzygo Ltd
Enclosed:
Attachment 1: Environment Agency Objection (NO/2020/112396/01-L01) Attachment 2: Cross Section Drawing (HR-BTP-00-S-DR-A-3537_160A) Attachment 3: Aerial Photography Comparison Attachment 4: Easement and Built Development Location Comparison Attachment 5: Proposed Development Layout Drawing (HR-BTP-00-SP-DR-A-3537_105E)
Enzygo Limited Registered in England No. 06525159 Stag House, The Chipping, Wotton under Edge, GL12 7AD
Attachment 1 - Environment Agency Objection Letter
Enzygo Limited Registered in England No. 06525159 Stag House, The Chipping, Wotton under Edge, GL12 7AD
Ribble Valley Borough Council Our ref: NO/2020/112396/01-L01 Development Control Your ref: 3/2020/0010 Council Offices Church Walk Clitheroe Date: 04 February 2020 Lancashire BB7 2RA
Dear Sir/Madam
APPLICATION FOR OUTLINE PLANNING PERMISSION FOR UP TO 25 NEW DWELLINGS AND ASSOCIATED INFRASTRUCTURE ON LAND BEHIND 115 KEMPLE VIEW, CLITHEROE INCLUDING ACCESS VIA HENTHORN ROAD. LAND OFF HENTHORN ROAD, CLITHEROE, BB7 2QF.
Environment Agency position
We object to this application as it involves buildings, an attenuation pond and other works within an unstated distance of the bank top, of a main river. As submitted, it is unlikely that we would grant a flood risk activity permit for this application.
Reason(s): The proposed development would restrict essential maintenance and emergency access to Pendleton Brook, Main River. The permanent retention of a continuous unobstructed area is an essential requirement for future maintenance and/or improvement works.
Overcoming our objection
To overcome our objection, the applicant should;
Submit cross sections extending from the water’s edge, including the top of the river bank to the development areas closest to the watercourse, specifically plots 8 and 13 (Sabden), plot 7 (Eagley) and between the top of the river bank and the attenuation pond.
Demonstrate that there will be a permanent retention of a continuous unobstructed area of 8m measured from the top of bank of Pendleton Brook. No development such as new dwellings, private gardens, attenuation ponds and fences should be located within this area.
If available, please submit stability calculations for the proposed attenuation pond.
If this cannot be achieved, we are likely to maintain our objection. Please re-consult us on any revised information submitted and we’ll respond within 21 days of receiving it.
Environment Agency Lutra House Walton Summit, Bamber Bridge, Preston, PR5 8BX. Customer services line: 03708 506 506 www.gov.uk/environment-agency 12
Environmental permit - advice to applicant
The Environmental Permitting (England and Wales) Regulations 2016 require a permit or exemption to be obtained for any activities which will take place: · on or within 8 metres of a main river · involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert · in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it’s a tidal main river) and you don’t already have planning permission
For further guidance please visit https://www.gov.uk/guidance/flood-risk-activities- environmental-permits or contact our National Customer Contact Centre on 03708 506 506 (Monday to Friday, 8am to 6pm) or by emailing enquiries@environment- agency.gov.uk.
The surface water outfall may not require a permit, if it falls within the remit of an exemption, please visit https://www.gov.uk/guidance/flood-risk-activities- environmental-permits#exemptions for further information.
The applicant should not assume that a permit will automatically be forthcoming once planning permission has been granted, and we advise them to consult with us at the earliest opportunity.
Yours faithfully
Carole Woosey Planning Advisor
E-mail: [email protected]
22 2
Attachment 2 - Cross Section Drawing (HR-BTP-00-S-DR-A-3537_160A)
Enzygo Limited Registered in England No. 06525159 Stag House, The Chipping, Wotton under Edge, GL12 7AD
DO NOT SCALE FROM THIS DRAWING ALL DIMENSIONS MUST BE CHECKED ON SITE BY CONTRACTOR PRIOR TO CONSTRUCTION
60.48 NOTE: Section is shown indicatively and is Plot 8 STN3 subject to confirmation of relevant surveys and Sabden 60.00 59.93 reports such as topographical, ecology, trees,
59.75 ground investigation and flood risk.
59.86
59.50
59.23 59.25 B
58.92
PLOT 8 to top of ri 59.04
SABDEN 13226.4 footpath 58.07 58.24 58.54 58.49
ver bank
57.72 56.62
Overgrown ri verbank
A 55.02 54.48 53.41 Pendleton Brook 01 160
FFL 59.75 59.75
58.92 Section Key 01 58.49 FOOTPATH 58.37 1 : 500 4620.0 to edge of footpath
TOP OF RIVER BANK
55.02 13226.4 54.48 B to top of river bank A PENDLETON BROOK
01 Section - Plot 8 1 : 100
60.4
60.22 Plot 13 60.00 Sabden
60.03
59.75
PLOT 13 59.79 SABDEN B .94 59.26
to top of river bank 59.11
58.63 13688.0 footpath 58.50 58.57 58.72 58.25
58.00 58.74 57.75 57.70 57.50 57.25 57.00 56.75 56.50 56.25 56.00 57.26 55.75 55.5055.13
55.86 A 53.62
55.13 53.59
FFL 60.00 60.00 .02 160 59.26 59.11 FOOTPATH 5337.2 58.50 Section Key 02 to edge of footpath 1 : 500 TOP OF RIVER BANK
55.13
13688.0 to top of river bank B A 53.62 PENDLETON BROOK
02 Section - Plot 13 1 : 100
60.52 60.50
Grass 60.25 Plot 7 60.19
60.00 Eagley 59.76
59.75 59.72
59.44
PLOT 7 58.47 59.32 59.00
EAGLEY 58.6558.75 B
59.13
58.50 58.56
58.48 58.41
58.25 STN3B 59.11 58.75 58.30 56.88 58.50 footpath 58.25 58.11 58.00 56.32 57.38 58.00 57.75 56.22 57.50 56.41 57.25 57.00 56.75 56.92 57.77 56.50 56.25 56.00 55.75 55.50 55.88 57.57 20649.7
57.25 57.27 55.64 56.00 57.13
to top of river bank 56.12 56.22
Ditch
55.13
55.43 55.92 54.78 55.47 54.76 FFL 60.00 54.85 A 55.52 60.00 54.99
03
58.75 160 FOOTPATH
4426.0 to edge of footpath Section Key 03
TOP OF 1 : 500 RIVER BANK
55.52
11557.7 44.99 to red line boundary PENDLETON BROOK 20649.7 to top of river bank B A
03 Section - Plot 7 1 : 100
ATTENUATION POND A 10.02.20 KD Site Section 2 updated. TOP OF BANK 59.50
59.41 Rev Date Int Description
59.25
5 Attenuation 58.33 pond TOP WL 80.00 58.00 58.62 FOOTPATH 5008.0 B STN2B WATER LEVEL 57.00 to edge of footpath 57.00 58.16
58.25 58.25 to top of ri footpath 58.17 14307.0 58.00 56.11 57.25 Client: ver bank57.51 56.11
TOP OF 57.50
57.09 RIVER BANK 57.59 57.25 A Concert Living 54.94 53.33 57.00
56.81 56.78 54.13 54.13 Project: Erosion 04
14307.0 55.46 to top of river bank 53.33 160 Henthorn Road, Clitheroe
55.16 53.16 B A 55.48 PENDLETON BROOK 55.37
Description: 04 Section - Attenuation Pond Section Key 04 Site Sections 1 : 100 1 : 500
Purpose of Issue: Planning Drawn By: Checked By: Date: Scale @ A1: KD MA 02/07/20As indicated Job No: Status Code: Drawing No: Rev: 3537 S4 160 A
File Identifier: HR-BTP-00-S-DR-A-3537_160
Elizabeth House, 486 Didsbury Road, Heaton Mersey, Stockport, SK4 3BS t 0161 443 1221 e [email protected] w www.btparchitects.co.uk
Attachment 3 - Aerial Photography Comparison
Enzygo Limited Registered in England No. 06525159 Stag House, The Chipping, Wotton under Edge, GL12 7AD
Attachment 3: Aerial Photography Comparison
Top: 2015 Aerial Photography Bottom: 2018 Aerial Photography Pink: Pendleton Brook right hand bank top
Attachment 4 - Easement and Built Development Location Comparison
Enzygo Limited Registered in England No. 06525159 Stag House, The Chipping, Wotton under Edge, GL12 7AD
Attachment 4: 8 metre Easement and Built Development Location
Green: Built Development Location Pink: Pendleton Brook right bank top Yellow: 8 metre easement from Right Hand bank top
Attachment 5 - Proposed Development Layout
Enzygo Limited Registered in England No. 06525159 Stag House, The Chipping, Wotton under Edge, GL12 7AD
DO NOT SCALE FROM THIS DRAWING ALL DIMENSIONS MUST BE CHECKED ON SITE BY CONTRACTOR Type Area m² / ft² Amount Car Parking Provision PRIOR TO CONSTRUCTION
Sabden 117.6 / 1265.5 3 2-bed 200% N Eagley 80.1 / 860.7 4 3-bed 200%
5 0 5 10 15 20 25 Irwell 87.8 / 944.6 6 4-bed 300% SCALE 1:500 m Freckleton 165.2 /1778.4 2 5-bed 400%
Pendle 139.5/ 1501.7 1
Ogden 103.9 / 1118.1 1
Lune 57.2 / 615.1 2
Grizedale 99.4 / 1070.1 2
Total Amount (Units) 21
Layout subject to confirmation of red line boundary, all statutory approvals including highways, planning and building regulations, relevant surveys and reports such as topographical, ecology, trees, ground investigation and flood risk. Plot 18 Plot 19 Plot 20 Plot 17 Irwell Irwell Irwell Plot 21 Adopted Road Plot 16 Irwell Ogden Plot 15 Irwell Private Drive Irwell Plot 14 Freckleton Plot 1 Sabden
Plot 2 Grizedale
Adopted Road Plot 3 Grizedale Plot 4 Plot 12 Eagley Plot 5 Adopted Freckleton Eagley Road Plot 6 Plot 9 Eagley Plot 11 3000.0 Pendle Adopted Plot 7 Lune Road Eagley Plot 10 Plot 8 Lune Plot 13 Sabden 10154.7 Bin Sabden collection Private point Drive Private Private Drive Easement Attenuation Drive
Pond 12170.5 Gate
Network Rail
13226.4 20649.7
13688.0 Gate
E 12.02.20 KD Parking to plots 5-7 updated, road type text added. D 07.02.20 KD Boundary line thickness amended. C 05.02.20 KD Network Rail Easement added B 19.12.19 KD Drawing issued for Planning; Pond/ POS path layout updated. A 12.12.19 KD Proposed site plan issued for Planning. Rev Date Int Description
Client: Concert Living
Project: Henthorn Road, Clitheroe
Description: Proposed Site Plan - Planning
05 Site Plan Purpose of Issue: 1 : 500 Planning Drawn By: Checked By: Date: Scale @ A1: MA MA 03/11/18 1 : 500
Job No: Status Code: Drawing No: Rev: 3537 S4 105 E File Identifier: HR-BTP-00-SP-DR-A-3537_105
Elizabeth House, 486 Didsbury Road, Heaton Mersey, Stockport, SK4 3BS t 0161 443 1221 e [email protected] w www.btparchitects.co.uk