Recommended decision on illegal pond that has angered thousands

The illegal construction of a pond – which angry residents say looks more like a lake – will go before a planning commission next week. A retrospective application to retain the 80m x 30m pond – which was built without permission on land in the Cot Valley, near St Just in west Cornwall – has been recommended for approval.

Barnes Thomas, an art dealer who appeared on Bear Grylls’ The Island, wants his pond to remain, but more than 4,500 people have signed a petition calling for the land, which is on his property, to be returned the way it was. They claim the pond has destroyed the character of the landscape and is a flood risk.

Cornwall Council’s head of planning believes the proposal is “finely balanced” and has brought it to committee for a decision because of the significant level of public interest in the case, rather than it being decided by officers alone as part of what call “delegate”. powers’.

Read more: Illegal lake could pose ‘catastrophic’ risk to Cornish airport

Read more: Hundreds oppose illegal creation of ‘lake’ for beauty spot

A report to the western sub-area planning committee recommends conditional approval, stating: “The scale of the development in terms of visual impact is not considered to be substantial and consequently the impact on the Cornwall National Landscape, Heritage Coast and World Heritage Sites. (WHS) is not considered to justify the refusal of planning permission.”

However, others disagree. Land’s End Airport, which is based nearby, objected, saying that because the pond attracts Canada geese and other waterfowl, if approved, it would create a danger to aircraft and jeopardize the airport’s license.

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Cornwall National Landscape (formerly AONB / Area of ​​Outstanding Natural Beauty) is also against retrospective approval. A spokesman said: “The visible domestication of this part of the valley floor in this very sensitive landscape fails to meet the protection policy and is opposed on this basis.” The Ramblers Association is opposed, as is Penwith’s St Just Borough Council.

While the World Heritage Status Office does not consider the pond/lake to impact on the heritage status of the area, it notes that “the pond appears as a somewhat incongruous, domestic addition to this section of the WHS, which neither preserves nor enhances the character of the countryside. from this section of the WHS there is a degree of harm to the character of the landscape which is not offset by any significant public benefit’.

A report to the officers’ planning committee cites a number of statements made in support which suggest the pond will increase biodiversity for a range of species, enhance the natural beauty of the area, there are other ponds and lakes close to the application. the site and the airport, so how is the current proposal different on the bird strike issue, and the pond used a swampy wet field.

It also provides submissions from those opposed, including bird strike danger to the airport, increased flooding downstream, negative impact on the landscape, loss of ecology and species at the site and a suggestion that, if approved, it would open land for further development, including events.

The application is supported by information that it would not present a risk of flooding and the Environment Agency does not oppose the application subject to the inclusion of conditions. With respect to bird hazards, the applicant submitted a bird impact assessment that “includes sufficient information for a bird hazard management plan to be secured by the imposition of a condition.”

The committee will make a decision at its meeting on Tuesday 28 May at County Hall / Lys Kernow, Truro.