Planning Cornwall: Art dealer’s proposal could lead to ‘disaster’ and have ‘catastrophic effects’

A controversial planning application for the pond which has already been created without permission could lead to a “disaster” and have “catastrophic effects”, a planning committee has heard. Its development and subsequent application was opposed by thousands of people,

Art dealer Barnes Thomas, who appeared on Bear Grylls’ show The Island, asked to keep an 80m by 30m pond he built on his land. He said he didn’t realize he needed planning permission. However, residents living in the Cot Valley, near St Just in west Cornwall, have started a petition to protect the landscape and remove the pond. It was signed by over 4,500 people.

The proposal went before Cornwall Council’s west planning committee today (Tuesday 28 May). The key issues, as outlined by planning officer Diane Boardman, were the visual impact of the pond in terms of the national landscape (previously known as an area of ​​outstanding natural beauty), the risk of flooding and the impact on bird strike hazards at Land’s Airport Near end.

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However, she 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 because the pond – which has been described as more lake-like by some – partially fills a section of the valley. “However, given the scale of the development in terms of visual impact, the planning department does not consider it substantial, so its impact does not warrant refusal,” the planning officer added.

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Chris Pearson, airport manager and senior air traffic control officer at Land’s End, described as the “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 instructed Mr Thomas to undertake a bird strike hazard assessment.

“This was done but not shared with the airport. Reading the report one wonders if it was not shared because it is rightly quite damning about the proposal because of the safety of the aircraft,” said Mr Pearson. It showed 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 portion of the airspace — the final approach to the runway where aircraft fly low.

Mr Pearson added: “While the mitigations mentioned in the report may help manage the increased risk, they will not eliminate it and the increased risk remains.” He said unlike other ponds and lakes in the area, the pond was directly under the flight path of the planes heading for the runway.

He said having such a body of water next to a main runway at a commercial airport was “not wise”. “No other airport could or should support such a proposal. Surely the primary duty of all parties is to ensure the continued safety of the public above all other matters? I therefore request that permission be refused.”

St Just-in-Penwith Borough Councilor Martin Cavell said he was there to remind the committee of the local council and residents’ concerns about the “new lake”.

“One of the biggest concerns is the ecology of the surrounding area and especially the stream from which the lake was fed and into which it discharges. The claimant commissioned its own environmental report, but there is no report or study of the effects on the surrounding area.

“However, its commissioned report admits likely effects on the creek through water extraction and sediment discharge from the lake. The National Trust was not consulted but as a significant stakeholder felt it necessary to make a public comment on their concerns and the Lake Objections say “we are not currently convinced that this development is appropriate and provides the necessary mitigation and ecological improvements”.

As for the airport’s concerns, he said St Just councilors’ consciences would not allow them to support an application that “could one day contribute to disaster”.

Speaking on behalf of the complainant, Chris Tofts, head of the planning team at solicitors Stephens Scown, said the pond was created to provide a wildlife area and water for cattle. He said it is currently empty and has been for some time, following a planning enforcement application (although the planning officer later said there had been no application to empty the pond).

He said Mr Thomas took the airport’s concerns seriously and carried out a bird strike hazard assessment. Mitigation included dense vegetation or fencing around the pond and no islands on the pond, which was proposed as a condition by the planning officer. 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 there will be a net increase in risk with the proposed mitigation.”

He added that an ecology report had been 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, concluding it was a valuable addition to the biodiversity of the surrounding area.

Cllr Loveday Jenkin asked what the wildlife and agricultural benefits of the pond having a platform, stone pillars, an entrance and a track leading to it. Mr Tofts replied that they were there to make him look attractive.

The committee’s deputy chairman, Cllr Guy Foreman, pointed out that one of the mitigations was to fence off the pond, but questioned whether it was as cattle would drink from it – one of the reasons given for its creation. Mr Tofts said a management plan would allow cattle in but not geese.

Cllr Foreman, who has an aviation background, said an airport representative would not have spoken lightly at the meeting and thought such a body of water next to 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”.

Cllr 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 an unnecessary hazard?”

Cllr Jenkin said: “I see absolutely no reason to support this proposal. It was made without any permission. We’re talking about something that creates a hazard in an area where that hazard could have catastrophic effects. The impact of the landscape. it is not consistent with the character of the area – Valea Cot is a small valley with a lot of vegetation, not a deep lake in the landscape.”

The retrospective application was rejected on the grounds that it was an “incongruous and conspicuous addition to the landscape”, with nine councilors voting in favor and one against.