Decision

Bedfordia Farms Limited: decision on licence application

Published 22 August 2016

This decision was withdrawn on 27 April 2018

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

Applies to England

Application details

Application number

NPS/WR/019381

Licence number

6/33/11/*G/0172/R01

EA Area

East Anglia

Date of Application

21 April 2016

Applicant details

Bedfordia Farms Limited
Estate Office
Milton House Farm
Milton Ernest
Bedfordshire
MK44 1YU

Summary of the proposal

This application seeks to renew a water abstraction licence held by Bedfordia Farms Limited on the same terms.

Source of Supply

Underground strata (Gravels) at Felmersham, Bedfordshire.

Points of abstraction and quantities

• Pit 2: TL 0120 5850

• Pit 3: TL 0140 5820

• Pit 4: TL 0155 5775

• Pit 5: TL 0150 5740

• 164 cubic metres per hour

• 3,927 cubic metres per day

• 30,000 cubic metres per year

Means of abstraction

• Pit 2: A Gravel Pit having a surface area of 10.544 hectares with a mobile pump of maximum output not exceeding 45.6 litres per second

• Pit 3: A Gravel Pit having a surface area of 3.0129 hectares with a mobile pump of maximum output not exceeding 45.6 litres per second

• Pit 4: A Gravel Pit having a surface area of 8.980 hectares with a mobile pump of maximum output not exceeding 45.6 litres per second

• Pit 5: A Gravel Pit having a surface area of 3.0 hectares with a mobile pump of maximum output not exceeding 45.6 litres per second

Purpose of abstraction

Spray irrigation.

Abstraction period

• Pits 2, 3 and 4: April to October inclusive
• Pit 5: May to October inclusive

Assessment details

Case history

The abstraction licence held by Bedfordia Farms Limited was originally granted in 1997 and time limited to 31 October 2007. The original licence authorised abstraction of 91,750 cubic metres per year but was varied by the applicant to reduce the annual quantity to 30,000 cubic metres per year in 2004. The licence remained time limited to 31 October 2007. The licence was subsequently renewed in 2008. The applicant applied to renew the licence on the same terms in March 2016.

Justification of quantities

The licence has not been used since it was originally granted in 1997. The renewal application included estimated quantities required based on arable and grassland requirements and further justification was provided stating that in recent years there has been no economic justification to grow crops requiring irrigation, but they wished to retain their licence in case it becomes economically viable in the future. They also anticipated reduced flexibility in the future without the licence due to changing global issues of food demand and climate change. The business case provided by the applicant was not deemed sufficient justification to support the renewal of the licence.

Resource assessment

Groundwater availability is guided by the surface water resource availability (with which the abstraction is in continuity with). The surface water resource availability for the River Great Ouse based on downstream flows at the critical assessment point indicate that water is available less than 30% of the time for consumptive abstraction.

Statutory Consultation

As this was a renewal of a licence on the same terms, Natural England were not consulted on this application. An Appendix 4 was filed for audit, and this concluded that there would be no likely damage to any SSSI’s.

External Representations

Where the application is to renew a licence on the same terms, the normal duty to advertise the application and notify statutory consultees does not apply. As such, the application was not formally advertised. As the application was not advertised, no formal representations were received.

Protected Rights

No concerns were anticipated with regards to protected rights and lawful users. These were fully considered when the licence was originally granted.

Conservation Issues

An assessment under the Countryside and Rights of Way Act concluded that the abstraction was not likely to damage any nearby Sites of Special Scientific Interest.

Costs/Benefits

Costs: There will be a potential financial loss to the applicants business as a result of the decision to refuse the application and will reduce their cropping flexibility in the future.

Benefits:The Agency fulfils its duty to secure the proper use of water resources and reduces abstraction pressure in the catchment.

Biodiversity and sustainable development

Assessment of the ‘three tests for renewal’ has concluded that a replacement licence cannot be granted as the applicant has not provided a sufficient justification or need. By refusing the renewal of the expired licence, the Agency is exercising its duty to maintain sustainable development by managing the water resource balance through the licensing process.

Social and Economic welfare of rural communities

There is no anticipated impact on the social and economic welfare of rural communities.

Conclusion and recommendation

The application has failed to meet the test of justification. Additional information was submitted by the applicant, but did not demonstrate a satisfactory continued need for the water. The current licence and its predecessor have not been used since issue on 1 December 1997. Additional information provided by the applicant outlined the reasons they wanted to keep the licence and the potential business implications, however it did not sufficiently explain the non-use. Where abstraction has not occurred for a significant period of time, the Environment Agency would only renew licences where there is an emergency need, an operation consideration that supports the period of non-use, or a business case justifying continued need. These conditions were not met.

It is recommended that the application is refused as it is 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