North West Hydro Resource Model

public acceptability
& engagement

Hydro Resource Evaluation Tool

public acceptability and engagement

Does your project have special planning issues?

If the project is planned within a Conservation Area, or involves any listed buildings or industrial archaeology (which weirs can be considered), then this raises the likelihood of the need for an Environmental Impact Assessment (EIA), and the Conservation Officer of the LPA should be involved as early as possible. The Conservation Officer should expect or demand an EIA (refer to EIA section below)if the project is in a conservation area or it involves a listed building.

This web-link [http://www.climatechangeandyourhome.org.uk/live/general_consent_framework.aspx] takes you to a site with general guidance from English Heritage on planning, listed buildings, Conservation Areas etc, and here [http://www.climatechangeandyourhome.org.uk/live/small_scale_hydro_power_systems.aspx] there are some Frequently Asked Questions (and answers) about domestic and small-scale hydropower systems that may apply to domestic-scale schemes of up to 5kW. It also directs you to the Department for Business Enterprise and Regulatory Reform (BERR)’s Low Carbon Buildings Programme that provides micro-generation grants for householders [www.lowcarbonbuildings.org.uk]. Note that recipients of these grants must use accredited installers and materials, and the website provides a list of accredited installers.

There are a number of case study projects (see below) which have involved these special planning issues, such as the Arkwright Trust’s development [http://resources.peakdistrict.gov.uk/ctte/services/reports/2008/081128Item5-2.pdf] of one of the earliest hydropowered factories, which is “within the Derwent Valley Mills World Heritage Site, within the Cromford Conservation Area, is a Grade I Listed Building and within the Peak District Local Biodiversity Action Plan area.”

As a result, “the proposed works will require planning permission from Derbyshire Dales District Council (DDDC), which will have to consider its location within the World Heritage Site, its impact on the Grade I listed building, and on the biodiversity and other interests in the locality.” See also the Glen Lyn project (within a Site of Special Scientific Interest or SSSI), the Tintern Abbey project developed in an Area of Outstanding Natural Beauty (AONB) , and Sowton Mill, also developed on an old mill site.

If your potential scheme does not have special planning considerations, then the main planning issues are closely related to the requirements for gaining an extraction licence from the Environment Agency (see section 4 below). In summary, these are:

Impacts on fish (which may require a specialist survey)

Angling, Fisheries (these stakeholders may have special interests due to ‘riparian’ (hunting) rights over the relevant stretch of water)

Planning permission

Land drainage consent (this is not always necessary, but applies to works on the banks of a water-course). The website at [http://www.bassetlaw.gov.uk/pdf/Land%20Drainage%20Roles%20&%20Responsibilities.pdf] explains the responsibilities of ‘riparian rights’ holders, the land-owners whose property extends to and includes the water banks and the water course, and suggests that: “At the planning application stage, an appropriate FRA [Flood Risk Assessment] will be required to demonstrate how flood risk from all sources of flooding to the development itself and flood risk to others will be managed now and taking climate change into account. Policies in LDDs [Local Development Documents] should require FRAs to be submitted with planning applications in areas of flood risk identified in the plan. The FRA should be prepared by the developer in consultation with the LPA. The FRA should form part of an Environmental Statement when one is required by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 as amended.”

This website [http://mendip.web-labs.co.uk/CouncilService.asp?id=SX9452-A77F9389] suggests that “Alterations to watercourses require consent from the appropriate authority. In the case of smaller watercourses Land Drainage Consent is required from the District Council. The District Council can help advise who to apply to.” As a rule of thumb, an LDC will only apply to smaller water-courses rather than rivers, and where a flood risk has been identified.

An EIA (Environmental Impact Assessment) is needed for a >500kW project as a statutory requirement, and can cost up £50k. BUT you should talk to the planning authority and Environment Agency to get advice on how detailed it needs to be, it can be a ‘4 page’ document, simple, and even done by the development ‘team’ with sufficient expertise. The important point is that the full range of issues and potential impacts are recognised, assessed, and if necessary, mitigated within the document.

For further advice on planning issues, visit the government’s ‘planning portal’ at http://www.planningportal.gov.uk/?247SEM.

The main issues with obtaining an extraction/impound licence from the Environment Agency (remember that planning permission is routinely subject to attaining this licence) are