Agenda item

This report provides a summary of the findings of the East Devon Water Cycle Study.

The East Devon Water Cycle Study report provided the Committee with a summary of the findings of the study and the responses received from the consultation which included the responses from statutory consultees including Natural England and the Environment Agency and how the work should be taken forward.  The Committee noted that a final detailed feedback report will be provided at a later meeting.

The Assistant Director – Planning Strategy and Development Services advised that the main findings identified significant issues with wastewater capacity.  Several wastewater treatment works, including those at Colyton, Honiton, Fluxton, Feniton, Otterton, Maer Lane and Dunkeswell are projected to exceed or approach their permitted dry weather flow limits post developments and will require upgrades or phased developments.

The Committee noted that particularly serious capacity issues were reported for the Maer Lane and Countess wear treatment works. Significant upgrade works are required at both sites, and a new wastewater treatment works will be needed to accommodate future pressures at Countess wear.

Key recommendations:

Ø  Adopt the lower water efficiency standard of 110 litres/person/day for new development.

Ø  Monitor and strictly regulate new abstractions and wastewater discharges.

Ø  Phase development to match infrastructure upgrades and capacity increases.

Ø  Where new developments are within the scope of the Environmental Impact Assessment (EIAs) Regulations ensure that they include assessment of their impacts on water services and protected habitats.

Ø  Integrate biodiversity-friendly design and restrict development in sensitive coastal and riverine areas.

Ø  Continue stakeholder collaboration (EDDC, SWW, Environment Agency, Natural England) to ensure sustainable growth and environmental protection.

The Assistant Director – Planning Strategy and Development Services referred to the RAG rating table in the report which reflected the significance of the comments received from South West Water, Environment Agency and Natural England.  He drew the Committee’s attention in particular to the Environment Agency’s comments, which raised a number of detailed technical points and provided reassurance that although further work is required, there is no need to make any material changes to the Local Plan.

Feedback has been requested from the consultants, Haskoning, and from South West Water, with the intention of obtaining additional data and information to update and amend the study in order to address the concerns raised.

Questions and points raised included:

·       Clarification was sought about why storm overflows and the EDM data did not feature within the report.  In response the Assistant Director – Planning Strategy and Development Services stated that these did not feature because the study was based on dry weather flows.

·       A question was asked about how the requirement for smart water butts, imposed through Planning Committee, would be enforced. It was noted that monitoring compliance on new developments would be challenging due to limited enforcement capacity, which makes it difficult to carry out checks to ensure installation.

·       A question was asked about whether Grampian conditions can be appealed.  It was advised that any condition can be appealed and overturned.

·       A point was raised about the need to clearly identify which wastewater treatment works are operating ineffectively, as well as those requiring upgrades and the nature of those upgrades.

·       A query was raised about conflicting comments from the statutory consultees and how a robust and sound Water Cycle Study can be achieved in light of the differences.

·       A point was raised about the insufficient infrastructure available to support water supply for new developments, noting in particular that it is proposed for the new town, Marlcombe, to receive its water supply from Wimbleball.

·       It was noted that the Environment Agency intends to reduce abstraction from the Otter by 14 million litres a day and questioned whether the Water Cycle Study has been informed of the timing of this change.

·       Concern was raised about the Countess wear Sewage Treatment Works, noting that it also serves Exeter and Teignbridge, both of which are accommodating new housing developments.  It was highlighted that there is a need for discussions with both authorities to ensure a coordinated approach.

·       Concern was raised about the implications of diverting wastewater away from the west end of East Devon, noting that the Exe Estuary is a protected area where no further deterioration of its environment is permitted and South West Water has been very reluctant to provide detailed information.

·       A question was raised about how the Council can address its lack of confidence in South West Water and whether the recommendation should be strengthened to reflect this.

·       A question was raised about whether the Local Plan could include a policy requiring South West Water to provide evidence on sewage capacity for every new planning application.  In response the Assistant Director – Planning Strategy and Development Services confirmed that South West Water is challenged where its findings do not align with those of the Water Cycle Study and further evidence has been requested in such cases.

·        It was noted that the Water Cycle Study should feature prominently within the introductory section of the Local Plan.

In response to comments about the lack of confidence in South West Water and the need for a strengthened recommendation the Chair proposed an amendment to the second recommendation as follows:

That Members note that further work is required with the Environment Agency, Natural England, South West Water and other stakeholders, to:

                           i.          Agree a common understanding on the current position of East Devon’s water infrastructure, particularly in relation to current areas of infrastructure capacity failures and the Environment Agency’s responsibility for enforcement, to ensure appropriate environmental safeguards are put in place, and

                          ii.          Ensure the impacts of the Local Plan on water resources are addressed in line with development coming forward.

RESOLVED:

1.     That the Water Cycle Study and comments received through the Regulation 19 Consultation be noted.

2.     That Members note that further work is required with the Environment Agency, Natural England, South West Water and other stakeholders, to:

i    Agree a common understanding on the current position of East Devon’s water infrastructure, particularly in relation to current areas of infrastructure capacity failures and the Environment Agency’s responsibility for enforcement, to ensure appropriate environmental safeguards are put in place, and

ii    Ensure the impacts of the Local Plan on water resources are addressed in line with development coming forward.