A controversial planning application for a pond that has already been created without permission could lead to “disaster” and have “disastrous consequences”, the Planning Commission has heard. Thousands of people opposed the development and subsequent application,
Art dealer Barnes Thomas, who appeared on Bear Grylls’ show The Island, has applied to preserve the 80m x 30m pond he built on his property. He said he didn’t realize 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 outlined by planner Diane Boardman were the visual impact of the pond 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.
Read next: Recommended ruling on illegal pond that has angered thousands
Read more: Hundreds oppose illegal creation of ‘lake’ at beauty spot
But it said the application was supported by sufficient flood risk information, while the Environment Agency raised no objections, subject to conditions.
Land’s End Airport objected, but Ms Boardman said the application was supported by a bird strike management plan. Cornwall’s National Landscape Team also objected that the pond – which has been described by some as more of a lake – partly fills part of the valley. “However, due to 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 planner added.
Get the best stories and breaking news delivered to your inbox every day. Choose what you want here.
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 pond was adjacent to the center line of the main runway. He said the airport had ordered a bird strike assessment to be carried out by Mr Thomas.
“That was done but it wasn’t shared with the airport. When you read the report, you wonder if it wasn’t shared because it’s a legitimately pretty damning suggestion because of aircraft safety,” Mr Pearson said. It turned out there was a risk of danger from waterfowl species attracted to the pond, such as Canada geese and herons, and it was in a critical piece of airspace – the final approach to the runway where planes fly low.
Mr Pearson added: “While the mitigations in the report may help manage the increased risk, they will not negate it and the increased risk remains.” He said unlike other ponds and lakes in the area, the pond was located directly under the flight path of planes headed for the runway.
He said having such a body of water near the main runway at a commercial airport is “not wise”. “No other airport would or should support such a proposal. Surely the paramount concern of all parties is to ensure the continued safety of the public above all else? That is why I ask that the permit be refused.”
St Just-in-Penwith Town Councilor Martin Cavell said he was there to remind the committee of the concerns of the local council and residents about the “new lake”.
“One of the biggest problems is the ecology of the surroundings and especially the stream from which the lake is fed and flows out. Although the applicant had his own ecological report drawn up, there is no report or survey of the effects on the surroundings.”
“However, its commissioned report acknowledges the likely impacts on the stream by water extraction and sediment discharge from the lake. The National Trust has not been consulted but as a major stakeholder feels it is necessary to make public comments regarding their concerns and objections to the lake They say that ‘at present we are not convinced , that this development is appropriate and provides the necessary environmental mitigation and enhancement”.
As for the airport’s concerns, he said the conscience of St Just councilors would not allow them to support an application that “may one day contribute to disaster”.
Join the CornwallLive WhatsApp community and get the best stories and breaking news delivered straight to your phone
CornwallLive is now on WhatsApp and we want you to join us. Once you sign up for our updates, we’ll send the latest news and biggest stories of the day straight to your phone.
You must already have WhatsApp to join our community. All you have to do is click on this link and select ‘Join the Community’.
No one will be able to see who is logged in and no one can send messages except the CornwallLive team.
We also provide members of our community with special offers, promotions and advertisements from us and our partners. If you don’t like our community, you can always check out.
To leave our community, click on the name at the top of the screen and select ‘Leave Group’. If you are interested, you can read our Privacy Notice.
Click here to join our WhatsApp community.
Chris Tofts, head of the planning team at solicitors Stephens Scown on behalf of the applicant, said the pond was created to provide an area for wildlife and water for livestock. He said it was currently empty and had been for some time after a planning enforcement application (although a planning officer later said there had been no request to drain the pond).
He said Mr Thomas took the airport’s concerns seriously and carried out a bird strike risk assessment. The mitigation included thick vegetation or fencing around the pond and no islands on the pond, which was suggested as a condition by the planner. Mr Tofts said the airport did not dispute the assessment’s findings or recommendations and the company that carried out the assessment was recommended by the airport operator. “The report does not say that 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 the pond had been created on land previously of low ecological value and concluded it was a valuable addition to the biodiversity of the surrounding area.
Director Loveday Jenkin asked what the benefits for wildlife and agriculture were to a pond with a platform, stone pillars, an entrance and a path leading to it. Mr Tofts replied that they were there to make it look attractive.
Committee vice-chairman Cllr Guy Foreman pointed out that one of the mitigating measures was to fence off the pond, but asked if that was done how would cattle drink from it – one of the reasons it was created. Mr Tofts said the management plan would allow cattle in, but not geese.
Director 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 claimed all airports have lakes around them, including Heathrow, “the biggest airport in the country if not the world”.
Director 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 bring unnecessary danger?”
Cllr Jenkin said: “I see no reason at all 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 lots of vegetation, not a deep lake. The objects around it are not suitable for open landscape.”
The return application was refused on the grounds that it was an “incongruous and conspicuous addition to the landscape”, with nine councilors voting in favor and one against.