Environment

Environment Policy 5 (EP 5): - The following comment is made by Essex County Council as Lead Local Flood Authority.

Policy EP5 addresses works affecting Ordinary Watercourses. Permission to carry out works should not be considered a planning matter and must be dealt with under section 23 of the Land Drainage Act. Works to any ordinary watercourse must be approved by the Lead Local Flood Authority before work can take place. A range of issues will be taken into consideration when assessing an application for ordinary watercourse consent including flood risk but also covering topics such as biodiversity and amenity. It is expected that where ordinary watercourses are within the boundary of a proposed development, they should form part of the wider green infrastructure of that development. Maintenance of the existing ditch network is the responsibility of riparian owners of those ditches, failure to carry out necessary maintenance may lead to enforcement action.

Consideration of flood risk associated with development within the plan area should not just include risk associated with the plan area but should take into account wider flood risk. These techniques should encompass the four pillars of SuDS, that is addressing water quantity, water quality, biodiversity and amenity. In order to achieve these results the use of above ground SuDS should be promoted. Where possible, these features should be multifunctional, not only providing flood risk mitigation but also enhancing green infrastructure within the plan area.

All drainage strategies for major development within the plan area should be based on the Essex SuDS Guide. It is recommended that developers engage in pre-applications discussions with the Lead Local Flood Authority to ensure that any recommendations can be incorporated into site design as early into the planning process as possible. While the lead Local Flood Authority is not currently a statutory consultee on minor application it is still recommended that the principles of the Essex SuDS design guide are implemented on smaller sites to ensure that the cumulative effect of multiple smaller developments does not have a significant increase downstream flood risk.

EP2 - Green Open Spaces

The term "village" should be updated to "Neighbourhood Plan Area" to provide greater clarity and consistency.

EP3 - Hedgerows, Trees and Woods

The term "village" should be updated to "Neighbourhood Plan Area" to provide greater clarity and consistency.

To be consistent with the NPPF, the policy wording should be updated to:

"Any development in the Neighbourhood Plan Area that may result in the destruction and/or removal of existing hedgerows, trees or woods, will only be permitted if these elements are replaced with equivalent features, on the same site or plot."

EP5 - Prevention of Flooding

The term "village" should be updated to "Neighbourhood Plan Area" to provide greater clarity and consistency.

Work which may affect an ordinary watercourse (which can include drainage ditches) or main river, may require consent under the Land Drainage Act 1991 from Essex County Council as the Lead Local Flood Authority (LLFA) for ordinary watercourses or the Environment Agency for main rivers. As such it is not appropriate for the policy to support the stopping up or diverting of drainage ditches to enable development if no additional flood risk is created. The policy should be updated as below:

Development will be supported where it is shown that it will not negatively impact upon the existing network of drainage ditches within the Neighbourhood Plan Area. The protection and enhancement of these facilities is encouraged. Where it is necessary to enable development, any changes to a watercourse may require consent from Essex County Council as the Lead Local Flood Authority (LLFA) for an ordinary watercourse, or the Environment Agency for main rivers. Developers should contact the LLFA or Environment Agency for further advice.

Thank you for your letter relating to the Eight Ash Green Neighbourhood Plan. We have assessed the draft Neighbourhood Plan as submitted and our letter contains our response and information in relation to environmental issues that should be considered during the development of the Neighbourhood Plan.

Our principal aims are to protect and improve the environment, and to promote sustainable development, we:
 Act to reduce climate change and its consequences
 Protect and improve water, land and air
 Work with people and communities to create better places
 Work with businesses and other organisations to use resources wisely

You may find the following two documents useful. They explain our role in in the planning process in more detail and describe how we work with others; they provide:
 An overview of our role in development and when you should contact us.
 Initial advice on how to manage the environmental impact and opportunities of development.
 Signposting to further information which will help you with development.
 Links to the consents and permits you or developers may need from us.

Our role in development and how we can help: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/289894/LIT_2745_c8ed3d.pdf

Environment Policy 5 refers to surface water flooding and does not involve fluvial
flooding. The supporting text rationalises that the fluvial flood risk is a narrow strip along the boundary. However, we wish to highlight that the statutory main river 'Tributary of the Colne' is currently unmodelled and may be modelled in the future by ourselves. If any planning applications are received within 16 meters of the main river we may request that the applicant models the river themselves in order to determine the flood risk.

Please note that the view expressed in this letter by the Environment Agency is a
response to the proposed Neighbourhood Development Plan only and does not
represent our final view in relation to any future planning or permit applications that may come forward. We reserve the right to change our position in relation to any such application.

Please contact me on the details below should you have any questions or would wish to contact any of our specialist advisors. Please continue to keep us advised on the progress of the plan.

We trust this advice is helpful.

Policy EP2 identifies the importance of green spaces within the village. The Neighbourhood Plan offers an opportunity to bring the different parts of the village together whilst still according with the vision of continuing to enjoy wide open spaces within the village with uninterrupted views of the countryside.

Through the site assessment process it was acknowledged that my client's site would not result in coalescence as it is screened from views from the north by the existing, mature landscaping. However, the Neighbourhood Plan Group site assessments table in Annex P of the Site Selection Process document shows that site 039 failed to meet one of the four Primary Criteria due to loss of open views.

The amenity land to the west that my client has proposed would secure an important part of the green separation in perpetuity and avoid ribbon development along the A1124. Site 039 is also capable of meeting the other objectives of the Neighbourhood Plan and would perform better than site 226 with regards to reducing the environmental impact of travel and supporting local businesses and facilities. Therefore, an alternative development site to meet future housing need, or if the numbers cannot be successfully accommodated on site 226, should also be proposed at site 039.

The selection process has given a disproportionate amount of weight to the protection of the green space at the centre of the village. This has resulted in a less sustainable site being allocated. As such my client believes that the SNP conflicts with Basic Conditions A and D.

Proposed Change: The wording of Policy EP2 needs to allow greater flexibility for the
future development of some of the villages green spaces where there would be clear
public benefits to accommodating new homes in the most sustainable locations.

See attachment.

See attachment.