Decision

Nicholas White: decision on licence application

Published 23 October 2017

This decision was withdrawn on 27 April 2018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/025496

Licence number

SW/051/0009/013

EA Area

Devon, Cornwall and the Isles of Scilly (DCIS)

Date of Application

4 May 2017

Applicant details

Nicholas White
Parracombe Mill
Parracombe
Near Barnstaple
Devon
EX31 4PE

Summary of the proposal

The application is to abstract water from the Parracombe Stream at Parracombe in Devon, for the purpose of taking water to Parracombe Mill, via a leat. Water for the leat was provided by a weir which was washed away in 1994. Water continued to be taken from the stream via a pipe and put into the leat for several years (there was no licence for this abstraction) until, due to disputes over land ownership and/or rights of access to the Parracombe Stream, the pipe that took water from the stream and into the leat was removed and water ceased to flow to the mill.

The applicant has been trying since 2002 to get permission from various bodies to rebuild the weir to impound sufficient water to power a water wheel at the mill and generate electricity. To date he has not succeeded, so a first stage towards this end is this application to abstract water from the Parracombe Stream for amenity through flow.

Source of Supply

Inland water known as Parracombe Stream

Points of abstraction and quantities

A Borehole at National Grid Reference SS 66965 44745;

• 3.6 cubic metres per hour
• 86.4 cubic metres per day
• 31,536 cubic metres per year
• At an instantaneous rate of 1.0 litres per second

Means of abstraction

A pump

Purpose of abstraction

Maintaining flow through a leat

Abstraction period

All Year

Case History

A pre-application enquiry for a water resources abstraction licence from Mr White was received on 13 March 2017. Mr White was informed that an application would be accepted but that proving his right of access to the point of point of abstraction would be crucial if the licence was to be granted. Over time, a considerable amount of information was received in support of the application but after long and careful consideration it was determined that the applicant was unable to provide sufficient evidence of his entitlement to apply, under the requirements of Section 35 of the water Resources Act 1991 (as amended by the Water Act 2003).

Statutory Consultation:

The only statutory consultee was Exmoor National Park Authority who raised no objections to the application.

External Representations:

A total of 4 representations were received which are summarised below:

1. The machinery required to construct a weir would damage the surrounding environment
2. The construction of a weir would raise surrounding water levels
3. Access to the river is over land to which the Applicant does not have ownership or access rights
4. The quantity of water to be abstracted is excessive
5. The period of abstraction is for too many days of the week
6. The water wheel should be working
7. The water wheel should generate electricity via a generator
8. Environmental damage will be caused by a lack of water in the leat

Protected rights:

There are no other abstractions or protected rights in the vicinity

Conservation issues:

The proposed abstraction site is located within Exmoor National Park but there are no conservation issues related directly to the proposal

Social and Economic welfare of rural communities:

There could be adverse effects on the social wellbeing of the local community if this licence were to be granted due to past and ongoing disputes over land ownership and access to it

Conclusion and recommendation:

Full and due consideration has been given to any comments and representations made, and due regard has been taken of protected rights and other lawful interests. There have been, and still are, disputes between the applicant and his neighbours over land ownership and rights of access to the proposed abstraction point. Therefore there is still insufficient evidence of the applicant’s rights of access.

It is recommended that the application is refused for the following reasons: the applicant was unable to provide sufficient evidence of his entitlement to apply under Section 35 of the Water Resources Act 1991 (as amended by the water Act 2003). Without sufficient evidence the applicant is unable to legally access the proposed abstraction point.

Contact the Environment Agency team responsible for this decision:

Water Resources Permitting
Manley House
Exeter
EX2 7LQ

Email: Jay.rowntrree@environment-agency.gov.uk

Telephone: 02030 252267