Letters from the Environment Agency dated 19 March 2004 relating to land at Village End.

Dear Sir (letter addressed to EDDC)


I refer to the above application which I collected from your offices on 4th March 2004.

This site is regarded as liable to flood from the adjacent River Sid in extreme events. Under the terms of Planning Policy Guidance (PPG) 25 (paragraphs 20 and 60) this Agency advises that a flood risk assessment (FRA) be carried out to accurately determine the level of flood risk. Such an assessment will then enable the sequential test contained in Table 1 of the guidance to be applied and the 'appropriate planning response' to this application to be determined.

At present, until such time as the necessary FRA has been submitted, the Agency must advise that this proposal be refused.

If your Council is minded to approve this application contrary to the Agency's advice, in accordance with PPG 25, paragraph 65, your Council should inform this Agency of the intended decision and associated supporting reasons prior to the granting of planning permission so that further representations can be made by the Agency.

I have sent a copy of this letter to the agent for information.

A copy of the subsequent decision notice would be appreciated.

Yours faithfully

Miss J L Clarke
Planning Liaison Officer

cc South Western Design Partnership (agent)

Dear Dr Wozniak

ENV.AGENCY REF. NO:DC/2004/001490.

Thank you for your e-mails of 10th, 11th and 15th March 2004.

As you will be aware, this Agency has been considering the planning applications to which your concerns relate. I have today made a response to the Local Planning Authority and I enclose copies of my response letters for your information. You will see that this Agency shares your concerns regarding flood risks and as a consequence, has recommended that both planning applications be refused until a Flood Risk Assessment has been submitted.

On matters of habitat loss in the former gardens of Village End, every sympathy is given in relation to your concerns. You will of course know that the Agency is not the relevant authority for dealing with such issues and you are right in directing your comments in this respect to East Devon District Council. If there is a genuine concern that protected species such as otters and nesting wild birds have been affected, then you will need to raise this issue with English Nature. It should be highlighted that for any new development on sites such as this one, the Agency requests that a 7 metre development-free buffer zone be provided from the top of the river bank. Where the site comprises undeveloped 'wasteland', the Agency would request that such a buffer zone be reinstated as semi-natural habitat/river corridor.

With respect to your specific question regarding the proposed works to the riverbank at Hamilton Garage, you should note that the Agency is in receipt of and is considering an application under the Land Drainage Act to carry out bank reinforcement works to protect against erosion. If you wish to discuss this matter further or need an update on the determination of this application, it is recommended that you contact Mr Tom Walling at this office on telephone 01392 316099.

I trust this is of assistance.

Yours sincerely

Miss J L Clarke
Planning Liaison Officer

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