Decision

James Cole: decision on licence application

Published 3 September 2014

This decision was withdrawn on 25 February 2015

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

Applies to England

1. Summary of the proposal

We have decided to refuse the two applications received for water resources licences for a hydropower scheme on the River Walkham, located on the western fringe of the Dartmoor National Park in Devon. In our expert opinion the proposal will adversely affect salmon and sea trout migration, spawning and habitat. This will impact negatively upon the cited features of the Sampford Spiney Site of Special Scientific Interest (SSSI) and affect the sustainability of salmonid fish stocks within River Walkham and the wider River Tavy system. The scheme is likely to contribute to a further decline in the Water Framework Directive (WFD) status of the River Walkham waterbody. The reasons for our decisions are further explained within this report.

In determining this application, we have exercised our duties and powers under the Water Resources Act 1991 (as amended) and the Environment Act 1995.

The applications are for a new hydropower scheme.

The applicant proposes to install a new weir and off-take structure on the River Walkham to the south of Merrivale near to Heckwood Quarry (see location maps in 2.1 below). A small weir and intake structure are proposed to facilitate the abstraction of water from a single channel (western channel) of the Walkham formed by a natural island at that location. Water is to be abstracted into a penstock pipeline and used at a turbine to generate electrical power. The turbine is to be located approximately 320 metres (m) downstream and all of the water abstracted will be returned to the River Walkham at that point.

The applications are made on the basis that a Hands Off Flow of 17 litres (l) per second (western channel estimated Q95) will be required before abstraction to the scheme is permitted. During operation of the turbine the scheme will abstract up to 45% of the total river flow all year round. The remainder flow will be allowed to carry on down the river via the eastern channel.

The scheme includes the provision of a 25 millimetres (mm) coarse intake screen in front of a 5mm passive wedgewire cylinder fish screen. Any fish passing through the coarse screen would be directed to a bypass pipe (32mm diameter) discharging downstream of the weir.

The estimated installed capacity of the scheme is 100 kilowatt (kW), generating enough electricity for approximately 100 homes (applicant’s figures).

The applicant intends to use either a crossflow or turgo type turbine to generate power and has applied to abstract water at the following rates: an instantaneous rate of 800 litres per second, with an annual total of 10,000,000 cubic metres (m³) per year.

Source of Supply:

• the River Walkham

Points of abstraction and quantities:

• 800l/second
• 10,000,000m³/year

At National Grid Reference (NGR) SX 54517 73920.

Means of abstraction:

• gravity by means of a new fixed weir and intake chamber

Purpose of abstraction:

• power generation

Abstraction period:

• all year

Impact assessment of proposal

Impact on the ecology

The scheme is located with the South Dartmoor Woods Special Area of Conservation (SAC) and the Sampford Spiney SSSI. There are also a number of protected species recorded at, and in the vicinity of, the proposed scheme. These include rare lichens, sea trout, salmon and eels. It is also noted as being a salmon and eel migratory route.

The applicant has provided reports Hawkins Hydro S3H Scheme, River Walkham, Extended Phase 1 Habitat Survey, January 2013, Matthew Guy BSc. (Hons) AIEEM and Hydropower Installation at River Walkham Merrivale (Devon) Bryophyte and Lichen Survey, Researched and Prepared by Dr Paul L Smith BSc MIEEM Cenv, February 2013.

The later report concluded that:

• the bryophyte species identified are all relatively common
• none of those recorded in the splash zone are specially protected or considered nationally scarce or rare
• the bryophyte flora is typical of a young, acidic river in a rocky, wooded and ravine environment and is of local ecological significance
• the lichen flora of the designated nature conservation site is known to be of national importance
• changes to water levels in the depleted river reach may potentially affect some species, the local population is sufficiently well distributed amongst in channel rocks that it would be unlikely to be lost entirely
• any losses of bryophyte or lichen colonies resulting from construction works may be expected to quickly recover

Having reviewed all the information provided to us by the applicant we have concluded that their assessment is insufficient and does not allow us to fully consider the potential of the scheme to impact upon bryophyte and lichen species.

The Sampford Spiney SSSI citation states that the site is noted for ‘areas of ancient oak woodland of exceptional importance for the diversity of their lichen flora which contains many rare species. The oakwoods, together with the streams and marshes on the valley sides, are also important for their breeding populations of birds and invertebrates’.

With regard to the riverine interests ‘the River Walkham and its tributaries are typical Dartmoor streams, being fast-flowing and nutrient-poor. The clean, well-oxygenated water supports an invertebrate fauna characteristic of torrent streams and the river is a major spawning ground for Salmon Salmo salar and Sea Trout S. trutta trutta’.

The South Dartmoor Woods SAC is noted as containing dry woodlands & scrub (old oak woods with Ilex and Blechnum in the British Isles) and dry heathland habitats (dry heaths (all subtypes)).

The applications relate to the impounding and abstraction of water for a proposed hydropower scheme. The impact is confined to riverine interests only and will not impact upon the SAC interest features.

We have had regard to all of the information provided to us by the applicant and we consider that the proposed hydropower scheme is likely to damage the SSSI.

We consider that the proposal will inhibit the ability of migratory salmonid species to successfully navigate the deprived river reach. We believe that the scheme will contribute to preventing migrating fish from accessing the upper reaches of the Walkham. We do not consider that the scheme as proposed (including the provision of a hands off flow and percentage take restrictions) by the applicant offers sufficient protection for the River Walkham (Sampford Spiney SSSI).

Natural England agrees with our conclusions on the potential for the scheme to damage the SSSI and is also objecting to the scheme.

Impact on fisheries

The combined effect of sections 40(2) and 21(5) of the Water Resources Act 1991 is that in reaching a decision on these applications we must have regard to whether there is a minimum acceptable flow for meeting the requirements of (amongst other things) fisheries. Section 6(6) of the Environment Act 1995 also places a duty on us to maintain, improve and develop fisheries of salmon, trout, eels, lamprey, smelt and freshwater fish.

The applicant has provided information and data to support their conclusions on the potential for the scheme to impact upon fisheries interests. Their assessment of the scheme is principally contained within documents Sampford Hydropower Scheme, Fish Habitat Survey, Heidra Ltd, November 2013. Sampford Hydro Scheme Fish Migration Study, Hawkins Hydro Limited, November 2013. Response to queries raised by the Environment Agency with respect to the proposed Sampford HEP dated 24 April 2014 and Statement for Abstraction Sampford Hydro, Heidra, 10 January 2014.

The applicant concludes that:

• the passability of the cascade system (the series of natural boulder waterfalls in the deprived river reach) is not strongly related to the magnitude of the river flows and as long as examples of the flows required to trigger migration occur during the migration season the scheme is unlikely to have an impact upon migration
• some salmon migration does take place over the cascade system, as low densities of salmon juveniles have been surveyed upstream of the Sampford reach
• these densities are very much lower than for the Walkham downstream of proposed scheme and it is suggested that recruitment upstream of the deprived river reach is not significant to recruitment overall in the Walkham
• there is no direct relationship between juvenile salmon densities and antecedent flows
• the barriers posed to migration through the reach do not vary as a function of river flow
• it is likely that the large majority of the parr/fry trout observed upstream of the proposed scheme are resident rather than migratory

We have given full consideration to all of the information provided to us by the applicant in support of their application. We do not consider that the applicant has adequately demonstrated that the proposed scheme will not impact negatively upon fish migration.

We disagree with the conclusions of the fish migration study provided and, in combination with other fisheries concerns, have concluded that:

• we do not consider that the use of the SNIFFER methodology, in this case in assessing the passability of a natural obstruction at different flows, is appropriate
• the SNIFFER methodology is designed to provide an initial coarse assessment of passability, and has been validated primarily for man-made obstacles
• more detailed investigations are recommended where obstacles are of particular concern
• in particular the analysis concludes that fish migration is not flow dependent and therefore the scheme will not affect migration, we disagree with this
• the section of river within the proposed deprived reach is currently a difficult section for migrating fish to navigate, this is due to the presence of a series of cascades and natural features which are only passable under certain flow conditions
• salmon and sea trout clearly do migrate through this section of the River Walkham up to and beyond Merrivale
• it is not known what flows and duration of those flows are needed to allow migration over these obstacles
• six times Q95 is considered to be a salmon migration stimulus and not necessarily a flow to enable successful passage of obstructions
• we believe that it is very likely that successful salmon migration through the reach in question is a result of fish opportunistically taking advantage of suitable flows, for salmon we suspect that high flows could be critical
• we also believe that most of the trout fry and parr in the upper reaches of the Walkham are the progeny of migratory trout and not resident fish as stated
• adult sea trout have also been found in electric fishing surveys in significant numbers upstream of the site in a number of years, which shows that sea trout are able to migrate through the reach when flow conditions allow
• the upper reaches are important for sea trout production and trout parr densities at Merrivale in some years exceed those for Ward bridge
• sea trout migrate in most river catchments to the upper reaches to take advantage of suitable habitat
• the proposed scheme will reduce the magnitude, duration and frequency of higher flow events down to Q30 within the deprived river reach which will impact upon the ability of upstream migrating fish (salmon and sea trout) to navigate through the deprived reach and over the natural barriers
• the applicant has not demonstrated or evidenced that the scheme will not affect salmon and sea trout migration
• the scheme has the potential to exclude or significantly reduce salmon and sea trout access to a valuable spawning area
• the applicant has not considered the potential for the scheme to impact upon the wetted area and habitat (particularly holding pools and juvenile habitat) within the deprived river reach
• the intake fish screening arrangement and the provision for migrating fish at the newly proposed weir is inappropriate (lack of a suitable bywash, no consideration of anticipated screen approach velocities)
• all fish should be excluded from the abstraction intake chamber
• downstream migrating salmonid parr and smolt are particularly at risk
• the Salmon Action Plan 1999 for the River Tavy catchment sets conservation limits for salmon which is based on total accessible wetted area
• the River Tavy migratory salmonid fishery has a significant socio-economic value (netsmen, club and pleasure angling and angling based tourism) which should be protected and maximised
• a reduction in production in this area by restricting further access to the upper reaches of the Walkham will affect salmon smolt production and compliance with the conservation limit
• we need to maximise the productivity of salmon populations and therefore any loss or reduction in access to the upstream usable wetted area is unacceptable
• a key part of compliance with the conservation limit target is maximising all the usable area
• the WFD status for fish is based on expected populations and by potentially excluding salmon or sea trout from the upper reaches of the Walkham the WFD status is likely to decline
• the proposal is located within the Sampford Spiney SSSI and will directly impact upon the riverine interests
• the site citation states that: ‘The River Walkham and its tributaries are typical Dartmoor streams, being fast-flowing and nutrient-poor
• the clean, well-oxygenated water supports an invertebrate fauna characteristic of torrent streams and the river is a major spawning ground for Salmon Salmo salar and Sea Trout S. trutta trutta’. Section 28G of the Wildlife and Conservation Act 1981, as amended by the Countryside and Rights of Way Act 2000, places a duty on us to take reasonable steps to further the conservation and enhancement of the features by which the SSSI is of special scientific interest. Section 28I obliges us to consult with Natural England if any damage is likely.

Statutory Consultation

In accordance with our obligations, we have consulted the Dartmoor National Park Authority and Natural England about the proposal.

Natural England agree with our decision to refuse the applications and concluded that ‘The proposal at Heckwood is within the Sampford Spiney SSSI. The citation underpinning this designation clearly notes the River Walkham as a key component of the site, including the salmon and sea trout populations that spawn there. The invertebrate fauna associated with the river is also noted on the citation. Natural England agrees with the Agency’s conclusions that the proposed scheme would lead to significant physical modification to the river, and is likely to have adverse effects on salmon and sea trout migration. Further to this the flow depletion caused by the scheme also has the potential to adversely affect the wider ecology of the river. As well as being in conflict with the requirements of WFD, Natural England advises that the proposal is also likely to lead to adverse affects on the Sampford Spiney SSSI.’

External Representations:

Twenty four valid representations were received to the press advert. The themes raised in representation are summarised below.

• access, ownership and rights of way to the point of abstraction and impoundment
• potential for the scheme to impact upon the ability of fish (salmonids) to access (migrate) the upper River Walkham
• impact of the scheme upon salmon and sea trout populations
• impact of the proposed scheme on the site hydrology
• impact upon the SAC, SSSI and Area of Outstanding Natural Beauty (AONB) conservation designations and the wider ecology in and around the river
• queries the suitability of hydropower to this site based on the geography and hydrology characteristics
• questions the proposed scheme output
• suggest that there will be a negative cumulative impact when considering the existing downstream hydropower scheme at Huckworthy
• the impact of low river flow and livestock crossing the river
• impact of the scheme upon kayaking in the river
• potential for the scheme to cause deterioration in the WFD status
• various detailed comments on the content and veracity of the supplementary reports provided by the applicant

Protected Rights

No protected rights were identified as being at risk of derogation as a result of this proposal. Lawful uses of water have also been considered.

Conservation Issues

The scheme is located with the South Dartmoor Woods SAC and the Sampford Spiney SSSI. There are also a number of protected species recorded at, and in the vicinity of, the proposed scheme. These include rare lichens, sea trout, salmon and eels. It is also noted as being a salmon and eel migratory route.

We consider that the proposal will inhibit the ability of migratory salmonid species to successfully navigate the deprived river reach. We believe that the scheme will contribute to preventing migrating fish from accessing the upper reaches of the Walkham. We do not consider that the scheme as proposed (including the provision of a hands off flow and percentage take restrictions) by the applicant offers sufficient protection for the River Walkham (Sampford Spiney SSSI).

Natural England agrees with our conclusions on the potential for the scheme to damage the SSSI and is also objecting to the scheme.

Costs / Benefits

The proposed hydropower scheme would have an unacceptable impact upon salmon and sea trout migration, spawning and habitat. This would impact negatively upon the cited features of the Sampford Spiney SSSI and affect the sustainability of salmonid fish stocks within River Walkham and the wider River Tavy system.

Social and Economic welfare of rural communities

The proposed hydropower scheme would have an unacceptable impact upon salmon and sea trout migration, spawning and habitat. This would impact negatively upon the cited features of the Sampford Spiney SSSI and affect the sustainability of salmonid fish stocks within River Walkham and the wider River Tavy system. The applicant will not be able to generate ‘green’ energy and there will be no jobs or work created in connection with the construction and operation of the scheme. However the river (and wider) environment benefits as there will be no impact upon the cited features and the status quo is to be maintained.

Conclusion and recommendation

In summary we have refused the applications because:

• we do not consider that the scheme as proposed (including the provision of a hands off flow and percentage abstraction take restrictions) by the applicant offers sufficient protection for the flow dependent interests of the River Walkham
• the proposed hydropower scheme will inhibit the ability of migratory salmonid species to successfully navigate the River Walkham within the deprived river reach
• we believe that the scheme will contribute to preventing upstream migrating fish from accessing the upper reaches of the River Walkham at and above Merrivale
• we are of the opinion that the proposal is likely to have an impact on a site designated under the CRoW Act, namely Sampford Spiney (SSSI)
• the scheme is likely to contribute to a further decline in the WFD status of the River Walkham waterbody
• the applicant has failed to supply all of the information that we have requested to help us adequately assess the potential for the scheme to impact upon other cited features at the site

Contact the Environment Agency team responsible for this decision

If you have any questions with regard to our decision please contact PSC-WaterResources@environment-agency.gov.uk