FI14877
Request
DDC Planning Application, 23/00420
Officer Report Published 10 May 2024
Preliminary Ecological Appraisal Published 22 May 2023
Ecological Enhancement Management Plan 20/01447/D
This Freedom of Information request relates to assertions made in the Officer Report recommending approval of Planning Application DOV/20/00420. The assertions in question are shown hereunder.
"2.30 Ecology
Concerns have been raised over the loss of the habitat enhancements secured under 20/01447 due to the loss of the proposed small wetland that was due to be created (not yet provided) in the area of the proposed campsite is proposed(sic).
Within the PEA it is suggested that a larger wildlife pond to the north be created.
On the advice of the Senior Natural Environment Officer, the proposed biodiversity enhancement for the current scheme is considered acceptable, as well as addressing the loss of the habitat enhancement secured under 20/01447".
With regard to the second sentence above, I have been unable to locate any suggestion in the PEA (Preliminary Ecological Appraisal published 22 March 2023) that a larger wildlife pond to the north be created.
1. Please advise me of the exact location in this PEA where this suggestion is to be found.
With regard to the third sentence above, the PEA only addressed mitigation/enhancements for the 0.8 hectare site covered by 23/00420 and not for the 6.8 hectare, total site area covered by 20/01447. Furthermore, the PEA was done after the site had already been degraded by the earlier development, so, consequently, very little mitigation/enhancement would be required to bring it back to its degraded state at the time of the PEA. Indeed, the report recommended little more than a vague proposal for planting "native species and hedgerow plants near the eastern site boundary".
The mitigation/enhancements for the original Aqua Park development were determined by ECOassistance, accredited by Natural England, working for the planning applicant. The Ecological Enhancement Management Plan, (20/01447/D, 537-EEMP SANDWICH 1.1, published 02 August 2021) called for a 170 m2 wet-filtration pond together with 2 wildlife ponds. This plan was approved by DDC Planning as meeting Condition 18 of the 20/01447 approval. Now, in a major about-turn, the Senior Natural Environment Officer has advised that the grossly reduced mitigation/enhancements in the PEA will compensate for all of those previously agreed upon.
2. Please provide me with copies of all evaluations, assessments, reports etc. which justified the Senior Natural Environment Officer over-riding 20/01447/D and advising that some wildflower seeding and a vaguely described, limited section of hedgerow will compensate for the loss of the wet filtration pond and the 2 wildlife ponds secured under 20/01447/D.
3. Also, please provide details of the pertinent qualifications of the Senior Natural Environment Officer which allow a greater weight to be given to his opinion over determinations by professional consultants specialising in ecological assessment.
Response
1. The location is set out in the Habitat Enhancement Plan V1.5 (listed as ‘Habitat Enhancement Plan Amended’ on DDC’s planning portal, in which it is stated that “As the small wildlife pond within the campsite area is yet to be installed it is proposed that a larger wildlife pond to the north be created in line with the earlier approved landscape proposals put forward under application ref. 20/452/JG/PL02 REV D so that there is no loss of pond and wetland habitat surface area.” (Habitat Enhancement Plan V1.5, Conclusions and Recommendations, page 9). The committee report incorrectly refers to the PEA.
2. Advice of the Senior Natural Environment Officer provided on the proposals has been published on DDC’s planning portal View Applications (dover.gov.uk). Please note the above question does not accurately reflect the enhancement measures that are secured in the planning permission, the details of which are secured by condition 12: Submission of an ecological design and management strategy.
3. This information is considered personal data and therefore exempt from disclosure under Section 40(2) of the Freedom of Information Act. The Council considers that the qualifications of individual members of staff to be personal data. Personal data is defined by Article 4(1) of GDPR and also Section 3 of the Data Protection Act 2018 and the release of this data would contravene the data protection principles. The Council considers the Senior Natural Environment Officer to be suitably qualified to advise on these matters.