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.