County Council Officers waived REQUIRED REPORTS listed in the VALIDATION LIST for planning applications - including a Survey and Assessment of the Site of Special Scientific Interest and TVERC’s Biodiversity Report for Wicklesham Quarry. The purpose of these reports is to ensure compliance with environmental law - specifically,
- the duties of a section 28G authority under the Wildlife and Countryside Act 1981, and
- the duty “to further the general biodiversity objective” under the Natural Environment and Rural Communities Act 2006.
By allowing these departures from the Validation List the County Council may have broken the law. WITHOUT INDEPENDENT REPORTS ON THE SITE OF SPECIAL SCIENTIFIC INTEREST AND WICKLESHAM’S BIODIVERSITY HOW COULD THE IMPACTS OF A MAJOR INDUSTRIAL/ COMMERICAL DEVELOPMENT POSSIBLY BE ASSESSED?? The applicants have been engaged in a determined cover-up of environmental impacts throughout this process, which is why they resisted submitting the required reports. But why did Council Officers allow exceptions to the rules that they must have known were in breach of the County Council’s legal duties?
THE VALIDATION LIST
A Full Survey and Assessment of a nationally designated site (a SSSI) is required for a planning application involving a SSSI, UNLESS:
“the applicant is able to provide copies of pre-application correspondence with Natural England, where the latter confirms in writing that they are satisfied that the proposed development will not affect any statutory sites designated for their national importance”.
No such correspondence was provided with the application*, and no Survey and Assessment was carried out. SO WHY WAS THE APPLICATION NOT REJECTED?
* In response to Requests for Information under Environmental Regulations neither Natural England nor Faringdon Council has been able to provide ANY RECORDS of correspondence regarding a proposal to build on top of the SSSI.
OFFICERS CONCEALED EXPERT OBJECTIONS AND MISREPRESENTED NATURAL ENGLAND’S ADVICE
Having waived the requirement for a Full Survey and Assessment of the SSSI, County Council Officers then ignored several hundred objections submitted in consultations, including those of the Geological Society, the Paleontological Association, and a UNESCO Geoconservation Adviser. Many of the objections explained that building on the base of the SSSI would cause irreparable harm to the SSSI, permanently damage the geological record, and bring an end to teaching and field research on the Faringdon Sponge Gravels - at the only site in the world where scientists can access this globally unique scientific resource. Councillors were told nothing of these objections or of the experts who had submitted them.
The Report to Councillors also misrepresented Natural England’s advice. The Report states that Natural England “have not raised objection to the application. Therefore it is concluded that the development would not be likely to result in the loss, deterioration or harm to geological conservation interests” and “is considered to comply with FNP Policy 4.5B (v) and VLP 1 policy CP46”. This carefully crafted statement DELIBERATELY LEAVES OUT Natural England’s advice that states:
“A lack of objection does not mean that there are no significant environmental impacts. Natural England advises that all environmental impacts and opportunities are fully considered and relevant local bodies are consulted.”
Far from stating that building on top of the Site of Special Scientific interest would “not be likely to result in the loss, deterioration or harm to geological conservation interests” - Natural England referred to the need to “fully consider” all “significant environmental impacts”. After receiving this advice Oxfordshire County Council still took no steps to ensure that the required Survey and Assessment were provided.
“SIGNIFICANT ENVIRONMENTAL IMPACTS” SHOULD BE “FULLY CONSIDERED”: ROLE OF A S28G AUTHORITY
The Report to the committee states “Natural England have statutory responsibility for the geological SSSI” – but that is not the whole truth either! As a section 28G authority Oxfordshire County Council has a STATUTORY RESPONSIBILITY
“to take reasonable steps, consistent with the proper exercise of the authority’s functions, to further the conservation and enhancement of the flora, fauna or geological or physiographical features by reason of which the site is of special scientific interest.” (Wildlife and Countryside Act 1981 s28G (2)).
- By FAILING to obtain a Survey and Assessment of the SSSI in accordance with the Validation List;
- FAILING to follow Natural England’s advice to “fully consider” “significant environmental impacts”;
- FAILING to conscientiously consider the expert views and representations of the UK’s leading scientific bodies; and
- FAILING to properly advise Councillors of Natural England’s FULL advice;
- Oxfordshire County Council FAILED to take the “reasonable steps” of a section 28G authority required by law, in our view.
NO BIODIVERSITY REPORT
The Validation List states that “information required” as part of an Ecology Report “must include a data search from the Thames Valley Environmental Records Centre (TVERC) … unless it has previously been agreed with a planning officer that this is not necessary. Submitting a desk study including data from TVERC will … ensure the application complies with the National Planning Policy Framework.”
BUT NO BIODIVERSITY REPORT FROM TVERC WAS SUBMITTED.
The Validation List states that the application must consider if any of the following are present:
- designated sites and non-designated sites;
- legally protected species;
- habitats and species of principal importance for biodiversity); and
- habitats and species with plans in Oxfordshire’s Biodiversity Action Plan, Conservation Target Areas and Oxfordshire’s Local Nature Recovery Strategy (LNRS)
SURVEYS AND ASSESSMENTS indicated by TVERC's Biodiversity Report
“are required to determine whether notable species, habitats or designated sites may be adversely affected by development.” By now it will come as no surprise that NO SURVEYS OR ASSESSMENTS WERE CARRIED OUT.
TVERC’s Biodiversity Report for Wicklesham Quarry (summarised in an earlier update- link below) lists over 30 Priority Species. Many birds, amphibians and mammals are dependent on the ponds, gulley and regular flooding of the aquifer. Wicklesham Quarry is an important secondary habitat for numerous endangered species because of its ponds and regular flooding, and a primary habitat for others, including (legally protected) Great Crested Newts and other amphibians. (Photographs and data were sent to Council Officers.)
Natural Environment and Rural Communities (NERC) Act 2006: HABITATS AND SPECIES OF PRINCIPAL IMPORTANCE
Local planning authorities are required to use the s41 list of HABITATS AND SPECIES OF PRINCIPAL IMPORTANCE to identify species and habitats that require SPECIFIC consideration under the Act. THAT IS THE PURPOSE OF SUBMITTING THE TVERC BIODIVERSITY REPORT. By
- FAILING to obtain the required Biodiversity Report;
- FAILNG to take account of evidence (including photographs) of the aquifer and European Protected Species submitted in consultations; and
- FAILING to ensure that required surveys and assessments of habitats and species of principal importance were carried out;
- Oxfordshire County Council, in our view, has failed to carry out its responsibility under the Natural Environment and Rural Communities Act to “further the general biodiversity objective”.
This dismal and depressing record of environmental failure with regard to one of Oxfordshire’s most important and historic Sites of Special Scientific Interest and a Conservation Target Area adds yet another element in a planning process that has failed in numerous respects. A summary of all the issues highlighted over the past six weeks and sent to County Council Directors will be included in the next update. Since all material considerations must be taken into account until any decision is issued, we expect County Council directors and their legal advisers will be looking very seriously at eveything that has gone wrong with this major application before rushing to issue a decision that could have devastating consequences.
Please get in touch with any comments or queries: Email: protectwicklesham@gmail.com