Development Control Committee
17 January 2007
Report of the Director of Planning and Community Development
06/01039/CCR
ENGINEERING WORKS ASSOCIATED WITH THE REINSTATEMENT OF THE EAST
BANK OF THE RIVER EREWASH, INCORPORATING DIVERSION OF CURRENT
ROUTE OF THE EREWASH, AND CONSTRUCTION OF A NEW WEIR OUTLET
INTO THE RIVER TRENT.
LAND SOUTH WEST OF ATTENBOROUGH NATURE RESERVE, BARTON LANE,
ATTENBOROUGH
Introduction
An application has been submitted to Nottinghamshire County Council seeking planning
permission for the partial reinstatement of the east bank of the River Erewash, which
will incorporate a diversion of the current route of the River Erewash and the
construction of a new weir outlet into the River Trent. Broxtowe Borough Council has
been consulted on the application although it falls to the County Council to determine it.
The application site straddles the boundary between Nottinghamshire and Derbyshire
and accordingly applications have been submitted to both authorities, although the
majority of the works lie in Nottinghamshire.
Details of Application
The proposed development arises from the result of previous mineral extraction
operations in the 1970s, where the original banks of the Erewash were excavated to
allow the passage of barges carrying sand and gravel through the lake complex to the
processing plant site at Attenborough. The consequence is that the River Erewash now
discharges into the Attenborough lagoons rather than directly into the Trent. The water
quality in the River Erewash is poor, and is having an adverse effect on water quality
within the Attenborough lagoons, into which it discharges. As part of a forthcoming sand
and gravel extraction scheme at ‘Thrumpton’s Land’, to the south of Long Eaton and in
accordance with the provisions of the Derbyshire Minerals Local Plan it has been
agreed that the developers will promote a scheme in order to improve water quality in
the Attenborough lagoons (SSSI). The scheme proposed to meet that objective, and
which forms the subject of the current planning application, is to undertake engineering
works to construct an embankment, which would act as a new eastern bank of a
diverted River Erewash. The Erewash would then be directed to flow south towards the
Trent (rather than east into the lagoons), with a new outfall constructed to the Trent to
allow water from the Erewash to flow more directly into the Trent. A 6m wide gap would
remain in the embankment to allow passage of barges. The development would also
include works to the existing River Trent flood embankment to include the construction
of a new weir and a ‘fish ladder’ adjoining the weir.
As part of the construction works, soils from the footprint of the works on the flanks of
the Trent embankment would be stripped and stored on land immediately to the east of
the proposed weir. The area to accommodate the new weir and ‘fish ladder’ would then
be excavated, with the excavated materials used to commence the construction of the
embankment, which will provide a connection between the Trent embankment and the
island within the eastern lake. From the island the embankment will then be continued
northwards. Sheet piling will be positioned along the edge of the riverbank where the 6
metre wide barge passage will be created through the new embankment, in order to
prevent erosion to the ends of the embankment at this point. The surplus excavated
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Development Control Committee
17 January 2007
material from the new cutting to create the southern diverted Erewash channel would
be used to create an embankment across the existing outfall of the Erewash into the
eastern lagoon, thereby directing the flow along the new route. Once this work has
been completed the existing weir from the western lagoon to the River Trent would be
closed. The final works would involve landscape treatment of the new embankment,
which would aim to replicate the natural regeneration of scrub woodland. The attached
plan shows the proposed works.
Site History
Gravel extraction in the Attenborough area has been taking place since the 1920s.
Workings have moved progressively westwards, and in 1970, the Erewash was
breached to permit barge transport of minerals excavated to the west of the river (in
Derbyshire) to be transported back to Attenborough for processing.
In 2005, Derbyshire County Council resolved to grant permission to extend the sand
and gravel extraction further to the west into an area known as ‘Thrumpton’s Land’,
which is to the south of Long Eaton. The development will involve the continued use of
the barges to transport the minerals from Thrumpton’s Land to the existing processing
plant site at Long Lane, Attenborough. The decision was subject to the completion of a
section 106 agreement, which is intended, among other things, to protect the water
quality of the SSSI and the amenity of local residents who live near the processing
plant. The company previously proposed a ‘siphon’, which would take the relatively
polluted water of the River Erewash under the ‘ponds’ in the SSSI before it flowed into
the River Trent. The draft agreement was however altered in September 2006 and,
instead of the ’siphon’, it now proposes the partial reinstatement of the east banks of
the River Erewash as a means of protecting the water quality in the SSSI.
The ‘siphon’ proposal was reconsidered due to the cost of construction and concerns by
the Environment Agency that this could lead to additional flooding. The applicants
maintain that the proposed re-instatement of the embankment will not only protect the
environment but would also reduce the potential concerns of flooding. Nottinghamshire
County Council has undertaken extensive discussions with Natural England and the
Environment Agency prior to submission of the application. As planning authority, it will
take into account the advice of these and other bodies, before determining the
proposal.
Planning Policies
The site lies in the green belt. Local Plan Policy E8 states that planning permission will
only be granted where it constitutes appropriate development. The defined categories
of appropriate development include “essential facilities for cemeteries and other uses of
land which preserve the openness of the green belt and which do not conflict with the
purposes of including land within it”, and “mineral working subject to high environmental
standards and a high standard of restoration”. Policy E9 states that appropriate
development in the green belt will itself not be permitted if it would harm the open
character or visual amenities of the green belt.
The site lies in the Attenborough Nature Reserve Site of Special Scientific Interest
(SSSI). Local Plan Policy E15 states that planning permission will not be granted for
development which would have an adverse effect on the SSSI except in exceptional
circumstances. Policy E16 states that where there are special reasons for permitting
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Development Control Committee
17 January 2007
development in areas of nature conservation interest, the applicant shall minimise harm
to the site’s features and compensate for the loss of any special features of interest.
Policy E28 states that planning permission will not be granted for development within
areas of high flood risk which would increase the risk of flooding.
The recent Natural Environment and Rural Communities Act 2006 has imposed a duty
on public authorities in exercising their functions to have regard to the purpose of
conserving bio diversity.
Appraisal
The role of Broxtowe Borough Council is to provide a consultation response to
Nottinghamshire County Council on the application. This Council has the opportunity to
raise any concerns or issues, which it considers should be taken into account by the
County Council, along with advice from statutory consultees and other interested
parties. The main issues for consideration relate to impact on the green belt and SSSI,
and to the protection of the water quality in the SSSI and the visual impact of the works.
The site lies within the green belt and the Attenborough Nature Reserve SSSI where
policies seek to protect the area from inappropriate or damaging development. Whilst
it will be for the County Council to determine whether this development is appropriate in
green belt terms, I am satisfied that it could fall within the categories of acceptable
development set out in the local plan policies, provided that there is no harm to the
openness of the area, the value of the nature conservation interest or the visual
amenities of the area.
An Environmental Impact Assessment (EIA) has been submitted with the application.
This expands on how the water quality in the Attenborough lagoons (lake system) will
be improved with the reinstatement of the eastern bank. Water in the River Erewash is
contaminated with phosphates and nitrates, which are resulting in the development of
algal blooms in the lagoons and deterioration in water quality. Concerns have
previously been raised by Natural England and others regarding the quality of the water
in the Attenborough Lagoons. It is anticipated that the volume of water entering the
Attenborough lagoons would be reduced to some 6% of current flows, with 94% of flow
directed to the western lakes (ie in Derbyshire) and the River Trent. Currently 100% of
the water flow from the River Erewash enters the Attenborough lagoons. By reducing
the flow of the River Erewash into the Attenborough lagoons, there will be a reduction in
the pollutant load entering, including a reduction in the levels of nitrates and
phosphates, which is likely to reduce the risk of excessive algal bloom developing in the
Attenborough lagoons. It is therefore considered that the water quality of Attenborough
lagoons (SSSI) will be improved with the proposed bank reinstatement.
With regard to the issue of flooding the findings of the EIA state that the proposed
embankment will not increase the frequency, duration or depth of flooding associated
with the lagoons (lake system). The flood risk associated with the lagoons arises from
flood flows either from the River Erewash or the River Trent. At present, all the flow in
the River Erewash enters the lagoons. When high flows occur in the lower part of the
Erewash then water levels in the lake rise until they discharge from the lagoons into the
Trent. During extreme flood events on the River Trent, the water levels in the Trent
exceed the levels of the bund around the lagoons and they are flooded. In this situation
the flood levels in the River Trent determine the water levels in the lagoons. The report
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concludes that, with the east bank reinstatement, the water levels in the Erewash and
the lagoon system would be no greater than they are at present and that there would be
no adverse effect on flood levels in the lagoons.
With regard to the effects on the character and appearance of the area, the applicants
state that the works and the new features will not be generally visible from the
surrounding landscape, apart from along a short stretch of the Trent Valley Way and
Trent side opposite the location of the proposed weir, where there will be open views of
the works under construction, and of the features after construction. The EIA report
confirms that there will be some substantial adverse visual impact during construction,
with little opportunity for mitigation. After construction, the weir feature will be a focal
point in the view across the river and from the Trent Valley Way but the EIA report
concludes that careful attention to the visual quality of the structure would mitigate
adverse effects on landscape character and visual amenity. It considers that this is a
“made” landscape and, based upon the opportunity to reproduce the character of the
landscape in the new work, the long term effects of the proposed development on visual
amenity would be neutral.
The proposed works are likely to have some effect on local wildlife and vegetation in the
immediate vicinity of the application site. Whilst there are proposed safeguards to
minimise the potential impacts on species and their habitats, the overall direct effect of
the development would be small scale and temporary. Moreover any local effects
should be out-weighed by the significant improvement in water quality in the
Attenborough Gravel pits SSSI, with consequential benefits to bio diversity, including a
wider range of aquatic flora and fauna throughout the nature reserve. In addition, this
part of the riverside is fairly bleak at present and the opportunity should be taken
through this development to enhance the appearance of the area as well as its nature
conservation value.
In conclusion, it is considered that the proposed works incorporating the reinstatement
of the east bank of the river Erewash, the diversion of current route, and construction of
a new weir outlet into the River Trent, should significantly benefit the SSSI, whilst
having limited impact on the appearance of this part of the Trent Valley. The County
Council will need to be satisfied based on expert advice they receive in response to
consultations (a) that the proposed works are technically achievable and would be likely
to improve water quality for the lagoons in the Attenborough SSSI, (b) that there will be
no increased flooding to the area, (c) that there will be no detrimental impact on the
character or appearance of the area, with every opportunity taken to enhance the
appearance and nature conservation value in the vicinity and d) that there will be an
overall benefit for bio diversity throughout the nature reserve and SSSI. Subject to
those provisos, it is recommended that this Council raises no objection to the scheme.
Recommendation
The committee is asked to RESOLVE to raise no objection to the application
providing that Nottinghamshire County Council is satisfied (a) that the proposal
is likely to successfully improve water quality for the Attenborough SSSI, (b) will
result in no increased risk of flooding for the area (c) that every opportunity has
been taken to minimise the effects on the appearance of the site and to enhance
the nature conservation value and appearance in the vicinity of the works and (d)
that there will be benefit for bio diversity throughout the nature reserve and SSSI.
Background papers - Nil
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Development Control Committee
17 January 2007
Site of Application
Engineering works associated with the reinstatement of the east bank of the
River Erewash, incorporating diversion of current route of the Erewash, and
construction of a new weir outlet into the River Trent
Land south west of Attenborough Nature Reserve, Barton Lane,
Attenborough
Development Control Committee 14 January 2007
Scale: 1: 10,000
Directorate of Planning & Community Development: Director P. M. Stone
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Development Control Committee
17 January 2007
New embankments
New channel cutting
NOTTINGHAMSHIRE
DERBYSHIRE
New outfall/sluice
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