Please help block an application to pollute the River Mease

I received the following in an e-mail from Richard Heyworth heading a group appealing against a planning application to develop a greenfield site close to the river Mease.

Planning reference 09/2010/0468[/B

If anyone would like to see the barristers report for guidance I can e-mail it as a pdf, for some unknown reason I cant attach to this post (JH)

Send your objections to
stuart.batchelor@south-derbys.gov.uk and would it be possible to copy me in as well please - richard_heyworth@hotmail.com

Hi,

I don't know if your organisation can help me but we are looking for support to try and stop a planning application in South Derbyshire. The following organisations have all objected strongly to this application:

The Angling Trust
The Disabled Angling Association
The Salmon and Trout Association
The Pike Anglers Club of Great Britain
The Barbel Society
Pike Fly Fishing Association

All these organisations have objected to this proposed development because there is a chance that the river Mease (SAC) and (SSSI) could face pollution. There have also been 159 written objections from residents raising concerns about the populations of spined loach and bullhead fish, white clawed crayfish, chub fish and otters being affected by this proposed development. If your organisation were to join us it would help our cause hugely. I hope your organisation can join us to try and stop this damaging planning application. Below is summary of some of the main issues relating to this application:

The planning application reference is 09/2010/0468 and involves building 8 log cabins (each 6m x 10m) with parking at Gunby Hill, Netherseal on a greenfield piece of land in the open countryside which comprises of just over one and a half acres.

The fact that there have been 159 written objections from residents and unanimous vote against this planning application from the local Parish Council clearly shows that the public views are that this proposed development is not wanted or needed in this remote and inapproriate location of South Derbyshire. We want to protect this environment and not see contamination to this highly protected SAC river. Even with all the community involvement regarding this planning application, all our views hold very little weight. South Derbyshire District Council listen alot more to the opinions of organisations rather than the public. It seems that we are fighting on an unlevel playing field.

A massive concern is that the proposed site would be located in very close proximity to the river Mease. The river Mease is both an Special Area of Conservation (SAC) and notified as a Site of Special Scientific Interest (SSSI) for their populations of spined loach and bullhead fish, white clawed crayfish and otters. All four species are the focus of considerable conservation efforts to ensure their long term survival. The river Mease is one of only a handful of waterbodies in the UK where the spined loach currently exists. The slight genetic differences found in the river Mease populations of both the spined loach and bullhead, as compared to other populations across England and Europe may be critical in helping these species adapt to environmental change and other pressures in the future. Also to note that the river Mease has populations of barbel, pike, chub and perch fish as well as the other fish species mentioned above. The water is currently in an unfavourable condition for a range of reasons, including its phosphate levels. This proposed site would consist of a sewage treatment process plant, Ocean 6 which is meant for 6 people. However this proposed development would consist of 8 log cabins each having 6 people in each; therefore a total of 48 extra people. Consequently this planning application if granted, the treatment plant would be discharging into the river Mease phosphate levels of 4.0 mg/l which is 66 times the current SAC required levels which is 0.06mg/l. High phosphate levels increase the risk of growth of large amounts of algae, causing a reduction in dissolved oxygen levels, which is hazardous to fish species. It can also result in higher silt levels, which can cover the river gravels and sands, limiting the spawning opportunities of both fish. Sewage treatment plants can have multiple effects on nutrient levels in the water that the treated sewage flows into. These effects on nutrients can have large effects on the biological life in the water in contact with the effluent. There has been no proper analysis to ascertain that the river Mease will not be affected if this planning application proceeds. Legally any planning application which could impact on the river Mease in the slightest should be refused. If this planning application is granted then the river Mease will most likely suffer pollution and as a result all the fish species that currently exist in this river plus otters that use the river Mease's water and banks would be majorly affected.

Many residents have raised the issue concerning the possibility of this piece of land being contaminated. The land on this proposed site has been used for agricultural use for many years in the past and therefore could well be contaminated by agricultural chemicals. There has been no Land Contamination Assessment carried out on this piece of land to ascertain that there is no contamination present. Not only is there a big issue that the land could be contaminated via the recent use of fertilizers, pesticides and herbicides, but, if this is the case, then the river Mease could also face contamination as it is within very close proximity of this proposed site. This planning application would be situated on a sloped piece of land, where there is a brook adjacent to this proposed site which feeds into the river Mease. Consequently any contaminants coming from the proposed development could run into this highly protected river Mease. The river Mease, being afforded E.U. legislation to preserve its integrity. If the land was found to be contaminated then this would have a detrimental effect on this SAC and SSSI river. What if types of wildlife went into this potentialy polluted river or used it as a means of drinking water. Pollution will be detrimental to all the current fish species in this river. I believe we ought to do our very best to prevent pollutants contaminating our water and to keep sewage away from our rivers ; this is an ecologically sensitive area.

There has been no sign of an Environmental Impact Assessment done with this planning application to show the harm that this proposed development would cause to this undamaged countryside and environment. Note that the Environmental Impact Assessment does not assess the water and that this aspect would need to be assessed separately.

As stated earlier, if this planning application is granted then it means other developments similar in size and scale could also be granted that would be so detrimental to the current wildlife, the river Mease and the environment. There has been no consideration for alternative sites in a more appropriate location that would not cause so much damage to this part of South Derbyshire. Never has such a development of such size and scale been approved in this area.

Also to note that this planning application has been going on for nearly a year now so clearly shows the amount of issues it has. The planning officer's recommendation was to Grant permission. However in the planning officer's report it states that the development would be 'unlikely' to have an effect on the designated river Mease SAC and SSSI. It is known that it has to be absolutely certain that the river Mease will not be affected in the slightest of any developments which would be in very close proximity of the river. If there is any chance that this river could be affected then the application should be refused. In the eyes of E.U. legislation 'unlikely' is not the true test to ensure that the SAC site the river Mease will not be compromised.

Our family have commissioned a barrister's report detailing the issues regarding this application, but an objection from your organisation would very much help our cause to stop this proposed development. I could send you a copy of the barrister's report if that would help? If you need any further information or have any queries then please do not hestitate to ask. If you could back to me asap as time is running out very quickly for us. I think all objections would need to be in ASAP in order to be able to be included in the planning officers report. Many thanks for your time.

Please could you review this application and join us with the other organisations that are strongly against this proposed development to prevent further contamination of this SAC site.


I have provided directly below Mark Owen's objection, who is the Environmental Campaigns Manager of the Angling Trust to give you an idea of the sorts of things that Mark included. Note Ms Hague has now retired and the new head of planning is Stuart Batchelor.


Dear Ms Hague

The Angling Trust is the recognised representative body for anglers and angling in England. It has over 13,000 individual members and over 1,300 organisation members, giving a total representation in excess of 400,000 anglers. Angling produces economic activity in excess of £3 billion a year and significant social benefits by offering active outdoor recreation with strong environmental links. The sport is largely dependent on a healthy aquatic environment and the fisheries it supports.


In representing our members who both fish the river Mease and member clubs who both rent fishing rights and in some cases are riparian owners, the Angling Trust objects to this application. The Mease is in a desperate state, it is amongst the worst performing SACs in the country and we are concerned that any increase in pollution to the river that may result from approving this application will further impact on our members rights.

I have seen a copy of Mark Heyworth’s Barrister’s opinion and am in full agreement with his conclusions. In addition, under the EU’s Water Framework Directive’s targets the Mease must attain “Good Ecological Status” by 2015 as you are no doubt aware. Present expectations are that it will fail these targets which may well cause infraction proceedings by the European Commission. In addition there is a default clause in the Directive which states there can be no deterioration of the status of water bodies. Any increase in pollution load to the Mease may well cause such a deterioration from the base line of the 2009 condition assessment. You will also no doubt be aware of this government’s intentions to ensure that the cost of EC infraction proceedings are borne by the local authorities as opposed to central government.


The Barrister’s opinion calls for a statutory EIA to be carried out which we support, you should also be aware that government recognises that the EIA process is not appropriate to assess impacts to water body status and that therefore this will have to be assessed separately.

Yours sincerely


Mark Owen

Mark G. Owen BSc (Hons)
Environmental Campaigns Manager
Angling Trust

Office: 01283 761172
Mobile: 07545733245

I look forward to hearing from you.

Kind regards,

Richard Heyworth

Upon seeing this post I was very concerned as my club lease a section of the River Mease all be it much further downstream.

I have checked the locality of the planning application which is situated 500 plus yards to the north of Netherseal between the roads Lodge Road and Gunby Hill. The River Mease is situated to the south of Netherseal at least 1200 yards in a line south of the proposed site with the whole of the village between the site and the river.

The planning officers remarks that the development was unlikely to have an effect on the river I would have thought was correct. The fact that very little can be predicted with 100% certainty probably caused the use of the word unlikely. The planning proposal states that processed sewage run off is to a soak away with no direct or indirect connection to the river.

The sewage works for Netherseal is at the south west corner of the village 75 yards from the river.

Reading your post makes it seem like the river flows adjacent to the site when as I have stated this is not the case.

Two existing features apart from the village itself, Newlands House Cheshire Home which is 70 yards from the river and the A444 to the east of Netherseal where it crosses the river are in my mind far more potential sources of pollution.

Of course I do not wish to see the River Mease polluted but I feel this development bearing in mind it's distance from the river will have no impact.

I have no connection whatsoever with any of the parties involved.

Merely passing on the information as sent to me, JK.
The C.S.G. has several members who fish the river so I objected to the planning application on behalf of the Group

I used to fish the Mease very occasionally back in the late 80's, a lovely little river, then.
Any proposed action that could have a negative affect on the rivers apparently already 'desperate state' ( Mark G. Owen BSc (Hons) Angling Trusts Environmental Campaigns Manager) must be stopped.

We had a similar development not a mile from my front door, right on the banks of the R Wear HERE Click on Phase two of The ECO Village. That development 'slipped through' now its 3 times the proposed size.

With respect guys it's the 21 century not the 18th to allow treated sewage to go to "soak away" on a downward hillside with brook at the bottom is totally unacceptable in today's world.
Sounds to me like the developer is attempting to dispose of the sewage on the cheap, rather than pay for connections to the main sewers. Where they'll pay connection and discharge charges.
As the brief says where's the EIA?
To what leave will the sewage be treated to?
What are the backup systems in case of a failure of the original system?