A controversial planning application for a pond that has already been made without permission could lead to a “disaster” and have “catastrophic effects”, a planning committee has heard. The development and subsequent application were opposed by thousands of people,
Art dealer Barnes Thomas, who appeared on Bear Grylls’ show The Island, has applied to keep the 80m x 30m lake he built on his land. He said he did not know he needed planning permission. However, residents living in the Cot Valley, near St Just in west Cornwall, have launched a petition to protect the landscape and remove the pond. It was signed by over 4,500 people.
The proposal came before Cornwall Council’s west area planning committee today (Tuesday 28 May). The key issues highlighted by planning officer Diane Boardman were the visual impact of the lake in relation to the national landscape (formerly known as an area of outstanding natural beauty), the risk of flooding and the impact on bird strike hazards at nearby Land’s End Airport.
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However, she asserted that the request was supported by sufficient information regarding the risk of flooding, and the Environmental Protection Agency had no objection, subject to conditions.
Land’s End Airport objected, but Ms Boardman said the application was supported by a bird strike mitigation plan. The Cornwall National Landscape Team also objected as the pond – described by some as more like a lake – partially fills part of the valley. “However, given the scale of the development in terms of visual impact, it is not considered significant by the planning department, so its impact does not warrant refusal,” the planning officer added.
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Chris Pearson, airport manager and senior air traffic control officer at Land’s End, described as a “critical link” to the Isles of Scilly, told councilors the lake was located along the center line of the main runway. He said the airport had instructed Mr Thomas to carry out a bird strike assessment.
“This has been carried out but not passed on to the airport. Reading the report one wonders if it has not been shared as it is rightly quite damning of the proposal due to aircraft safety,” Mr Pearson said. It showed there was a threat from waterfowl species attracted to the lake, such as Canada geese and herons, and it was in a critical part of the airspace – the final approach to a runway where planes fly low.
Mr Pearson added: “While the mitigation measures mentioned in the report may help manage the increased risk, they will not negate it and the increased risk remains.” He said that, unlike other ponds and lakes in the area, the pond was directly under the flight path of planes heading toward the runway.
He said it was “not wise” to have such a body of water near a main runway at a commercial airport. “No other airport would or should support such a proposal. Surely the primary task of all parties is to ensure the continued safety of the public above all other considerations? I therefore ask that permission be refused.”
St Just-in-Penwith town councilor Martin Cavell said he had come to remind the committee of the local council and residents’ concerns about the “new lake”.
“One of the biggest concerns is the ecology of the surrounding area, particularly the stream from which the lake flows and into which it discharges. The applicant has commissioned its environmental report, but there is no report or survey of the effects on the surrounding area.
“However, his commissioned report acknowledges the likely effects on the creek from pumping water and releasing sediments from the lake. The National Trust was not consulted, but as a significant stakeholder it feels it is necessary to publicly comment on their concerns and objections to the lake. They say that ‘at this time we are not convinced that is this development appropriate and that it provides the necessary environmental mitigation and improvements’.
As for the airport’s concerns, he said St Just councilors’ consciences would not allow them to support an application that “could one day contribute to disaster”.
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Speaking on behalf of the applicant, Chris Tofts, head of the planning team at solicitors Stephens Scown, said the pond was created to provide an area for wildlife and water for livestock. He said it was empty at the moment and had been for some time, following a plan application (although the planning officer later said there had been no request to empty the pond).
He said Mr Thomas had taken the airport’s concerns seriously and carried out a bird strike risk assessment. Mitigation included dense vegetation or a fence around the pond and the absence of an island on the pond, which was suggested as a condition by the planning officer. Mr Tofts said the airport did not dispute the assessment’s findings or recommendations, and the company that carried out the assessment had been recommended by the airport operator. “The report does not say there will be a net increase in risk with the proposed mitigation.”
He added that an environmental report was carried out by the commercial arm of the Cornwall Wildlife Trust, which found that the lake was created on land that was previously of low ecological value, concluding that it was a valuable addition to the biodiversity of the surrounding area.
Cllr Loveday Jenkin asked what the wildlife and farming benefits were of a pond having a platform, stone pillars, an entrance and a path leading to it. Mr. Tofts replied that they were there to look attractive.
Deputy chairman of the committee Cllr Guy Foreman pointed out that one of the mitigation measures was to fence off the pond, but questioned if that happened how the cattle would drink from it – one of the reasons given for its creation. Mr Tofts said the management plan would allow livestock to enter, but not geese.
Cllr Foreman, who has an aviation background, said the airport representative would not speak lightly at the meeting and believed such a body of water near the main runway was “abysmal”. Cllr Loic Rich said he was happy with the bird risk plan and argued that all airports have lakes around them, including Heathrow, “the biggest airport in the country, if not the world”.
Cllr John Keeling, who also worked in the aviation industry, said he had seen the damage caused by bird strikes, adding that the reasons for the lake were “pretty flimsy… why create an unnecessary hazard?”
Cllr Jenkin said: “I see no reason to support this proposal. It has been done without any permission. We are talking about something that creates a hazard in an area where that hazard could have catastrophic effects. The impact on the landscape is not in keeping with the character of the area – Cot Valley is a small valley with a lot of vegetation, not a deep lake. The structures around it would not affect the open nature of the landscape.”
The retrospective application was refused on the grounds that it was an “inappropriate and conspicuous addition to the landscape”, with nine councilors voting in favor and one against.