Notice

Andrew Wood: decision on licence application

Published 15 August 2017

This notice was withdrawn on 14 December 2017

The consultation period for this application has ended. You can view current licences on the Public Registers.

Applies to England

Application details

This is an application for a new licence on the same terms to replace an expiring licence that is time limited and due to expire on 31 March 2018.

Application number

NPS/WR/023729

Licence number

8/37/31/*S/0209/R01

Environment Agency Area

East Anglia

Date of Application

15 May 2017

Applicant details

Andrew Wood
Wood End Farm
Witham
Essex
CM8 1EH

Summary of the proposal

The expiring licence is for the purpose of filling a reservoir for subsequent spray irrigation between 1 November and 31 March inclusive each year.The licence is subject to a minimum residual flow condition of 3.57 litres per second (representing a flow of 2.643 litres per second per square kilometre of the catchment area contributing to the flow at the abstraction point).

Source of Supply

Inland water known as a tributary of the River Blackwater.

Points of abstraction and quantities

At National Grid Reference TL 82065 12773:

• 18,182 cubic metres per year

Means of abstraction

Gravity flow controlled by a weir.

Purpose of abstraction

Filling a reservoir for subsequent spray irrigation.

Abstraction period

From 1 November to 31 March inclusive.

Justification of quantities

With regards to the test for continued justification of need, where no abstraction has been made under a time limited licence for significant periods, the Environment Agency should only renew it if:

• There is an agreed emergency need.
• Operational considerations would support periods of non-use.
• The applicant has made a business case, which demonstrates to our reasonable satisfaction that there is a continued need for water.

The licence has not been used since it was originally granted in 1998. Justification was provided giving details of planned crops and land used by the licence. Where no abstraction has been made under a time limited licence for significant periods, the Environment Agency would only renew licences where there is an emergency need, an operational consideration that supports the period of non-use, or a business case justifying continued need. This licence has no emergency need or any operational considerations to support non-use. Therefore, the applicant was required to provide a business case of continued need for the water. The applicant was unable to provide a business case and therefore the information provided by the applicant was not deemed sufficient justification to support the renewal of the licence.

Resource assessment

The Essex Abstraction Licensing Strategy states that at this abstraction point (Assessment Point 15 - River Brain at the confluence with the Blackwater surface water management unit) the catchment only has water available at high flows and water is available less than 30% of the time for consumptive abstraction.

Conclusion and recommendation

Time limited licences are subject to a ‘presumption of renewal’ provided that three tests for renewal are satisfied.

The three test for renewal are:

• Test 1: Continued environmental sustainability
• Test 2: Continued justification of need
• Test 3: Efficient use of water

This application meets the tests for continued environmental sustainability and efficient use of water. However, this application has failed to meet the test for continued justification of need. Additional information was submitted by the applicant but did not demonstrate a satisfactory continued need for the abstraction licence. The current licence has not been used since issue on 1 November 1998. Where no abstraction has been made under a time limited licence for significant periods, the Environment Agency would only renew licences where there is an emergency need, an operational consideration that supports the period of non-use, or a business case justifying continued need. These conditions were not met.

We therefore recommend refusal of the application for a replacement licence for the following reasons:

• The current licence has not been used since issued on 1 November 1998.
• The applicant cannot demonstrate a satisfactory continued need for the water.
• The application is therefore considered ‘not justified’ and consequently has failed to meet Test 2 of the ‘three tests for renewal’.

Contact the Environment Agency team responsible for this decision:

PSC-WaterResources@environment-agency.gov.uk