Object

Proposed Submission Development and Site Allocations (DaSA) Local Plan

Representation ID: 24105

Received: 04/12/2018

Respondent: Mr Graham Stone

Legally compliant? No

Sound? No

Duty to co-operate? Not specified

Representation Summary:

Rother District Council have yet to provide a suitable and complete Appropriate Assessment form to the relevant Government Statutory Agencies regarding Policy BEX9.

This assessment is required under the terms of Court of Justice of the European Union ruling (People Over Wind and Sweetman v Collite Teoranta (C323/17)).

The AA should include the following
1. Details of how the attenuation pond(s) and the associated SuDS will be constructed and maintained thereafter (in perpetuity) so that no harm can ever befall the Pevensey Levels.
2 A detailed maintenance strategy for the SuDS to identify the company who will maintain the SuDS and how this maintenance would continue in the event that the company failed.
3, Detailed analysis and measurements of the water table in and around the attenuation pond(s) throughout the winter of 2018 and the early spring months of 2019 so that the depth of the pond(s) can be established.
4. Details of how the silt resulting from the construction of the pond(s) will be disposed of and how the silt resulting from ongoing maintenance of the pond(s) will be disposed of to ensure that no damage can ever be inflicted on the Pevensey Levels as a result.

Full text:

Rother District Council (RDC) have yet to provide a suitable and complete Appropriate Assessment (AA) form to the relevant Government Statutory Agencies (the Environment Agency and Natural England) regarding Policy BEX9 (Spindlewood).

This assessment is required under the terms of Court of Justice of the European Union (CJEU) ruling, in the matter of People Over Wind and Sweetman v Collite Teoranta (C-323/17),

Amongst other details the AA should include the following
1. Details of how the attenuation pond(s) and the associated SuDS will be constructed and maintained thereafter (in perpetuity) so that no harm can ever befall the Pevensey Levels.
2 A detailed maintenance strategy for the SuDS to identify the company who will maintain the SuDS and how this maintenance would continue in the event that the company failed.
3, Detailed analysis and measurements of the water table in and around the attenuation pond(s) throughout the winter of 2018 and the early spring months of 2019 so that the depth of the pond(s) can be established.
4. Details of how the silt resulting from the construction of the pond(s) will be disposed of and how the silt resulting from ongoing maintenance of the pond(s) will be disposed of to ensure that no damage can ever be inflicted on the Pevensey Levels as a result.