Decision

Radical Energy Limited: decision on licence application

Published 10 October 2016

This decision was withdrawn on

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

Applies to England

© Crown copyright 2016

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This publication is available at https://www.gov.uk/government/publications/radical-energy-limited-decision-on-licence-application/radical-energy-limited-decision-on-licence-application

Details of the application

Application numbers

  • NPS/WR/017530
  • NPS/WR/021065
  • NPS/WR/021066

Licence numbers

  • MD/028/0030/004
  • MD/028/0030/009
  • MD/028/0030/010

EA Area

  • East Midlands

Date of Application

  • Applications valid from 17 December 2015

Applicant details

Radical Energy Limited
Upper Hulme Mill
Upper Hulme
Leek
Staffordshire
ST13 8TY

Summary of the proposal

The Environment Agency has granted licences to abstract water from the Dane Brook in Upper Hulme, Staffordshire from two points for the purpose of heat and hydro-electric power generation. The proposal is entirely non-consumptive.

Abstraction from the first abstraction point will be controlled via an abstraction structure (the design to be approved by the Agency). Water will be abstracted via an existing leat to a mill building where it will be used by a heat pump and secondly by a hydropower turbine before discharging back to the Dane Brook approximately 80 metres downstream at the discharge point.

The second abstraction point is located 78 metres downstream of the first abstraction point. Abstraction will be controlled via an existing impoundment amended with a newly proposed adjustable sluice immediately downstream of an existing inlet structure. This will feed the same hydropower turbine as driven by water abstracted at the first abstraction point. The abstracted water utilised by the hydro-electric power turbine will discharge back to the Dane Brook immediately downstream of the amended impoundment at the discharge point.

Source of supply

  • Dane Brook

Points of abstraction/discharge and quantities

  • First abstraction point – National Grid Reference SK 01232 61002
  • Second abstraction point – National Grid Reference SK 01222 60926 (maximum annual abstraction quantity: 4,131,216 cubic metres year)

  • Impoundment point – National Grid Reference SK 01222 60922

  • Discharge point – National Grid Reference SK 01220 60921

Means of abstraction/manner and extent of impoundment

  • First abstraction point - Gravity flow to an open channel (mill leat) controlled by an inlet structure

  • Second abstraction point - Gravity flow to an inlet structure

  • Impoundment point - An existing weir type structure amended to include an adjustable sluice. The adjustable sluice will obstruct an existing orifice in the weir

Purpose of abstraction

  • First abstraction point – Heat and hydro-electric power generation
  • Second abstraction point – Hydro-electric power generation

Abstraction period

  • All year

Justification of quantities

Both licensed purposes are non-consumptive so all of the abstracted water is returned to the Dane Brook immediately after use.

Justification for the quantity of water applied for has been primarily derived from a series of flow gauging measurements undertaken on the Dane Brook. The data confirmed that the watercourse is highly variable, reacting to periods of dry and wet weather which influences the flow in the Dane Brook. During the wetter months with more intense and prolonged rainfall the flow in the Dane Brook will be sufficient to support the demand required by this proposal. Drier periods will likely not support any abstraction for this proposal and as a result abstraction will not be authorised during these times.

Abstraction at the first abstraction point will only be authorised when the minimum quantity of water that must remain in the watercourse at all times when abstraction is occurring has been exceeded. The minimum quantity of water will support the weir immediately downstream of the first abstraction point as well as the stretch of watercourse in between the abstraction and discharge point (known as the depleted reach).

Resource assessment

The Dove Abstraction Licensing Strategy indicates that there is no water available for licensing for consumptive abstraction from the River Churnet catchment (which is fed by the Dane Brook). However the water availability is not a significant consideration with regards to this proposal due to the non-consumptive nature of the abstraction.

Statutory consultation

Severn Trent Water Limited, United Utilities Group PLC and the Peak District National Park Authority were all consulted as part of this application.

The Peak District National Park Authority were satisfied with the proposal on the condition that a minimum quantity of water remains in the Dane Brook at all times when abstraction is occurring.

External representations

The application was advertised on 27 July 2016 in the Leek Post and Times and on our website. More than 10 representations were received.

The majority of representations related to the visual amenity of weir immediately downstream of the first abstraction point. The ecological interest of the depleted reach was also raised. Abstraction of water into the mill leat to feed the heat pump and hydro-electric power turbine will reduce the flow of water overtopping the weir as well as reducing the flow in the depleted reach.

To minimise the reduction of flow overtopping the weir and to ensure there is sufficient flow in the depleted reach to support the local ecology a hands-off level (minimum quantity of water) condition will apply to any abstraction of water at the first point of abstraction. When there is sufficient flow in the Dane Brook to meet the requirement of the hands-off level only then will abstraction be permissible. Abstraction of water will not reduce the flow of water overtopping the weir and in the depleted reach below that of the hands-off level. When the flow of water is below the hands-off level threshold abstraction will cease. Due to the nature of the proposed inlet structure at the first abstraction point compliance with the hands-off level will be self-regulated. It is a requirement of the Licence Holder to maintain the inlet structure to ensure compliance with the hands-off level.

Before abstraction is authorised to commence the site will undergo an inspection to ensure that all aspects of the scheme are compliant with all licensed conditions. Inspections will occur during the life time of the licences to ensure ongoing compliance.

A fish screen will be installed as part of the inlet structures at both abstraction points to prevent fish from entering the mill building. Fish passage will not be impacted by this proposal.

There will be no impact to dippers, including the removal of potential nesting habitat as a result of this proposal. Other than the minor inlet structure to be installed at the first abstraction point all other infrastructure is pre-existing. The hands-off level will also ensure that the feeding habitat and the food source of dippers will be protected.

A representation was also received citing the ownership of private rights to use water from the Dane Brook in Upper Hulme. The private rights can be exercised freely in the civil courts but they do not constrain the Agency’s ability to protect the environment and either grant or refuse an application. The Agency are responsible for having a regard to existing lawful uses of water however none were identified during the course of the application.

Protected rights

No concerns were raised with regards to protected rights and lawful users.

Social and economic welfare of rural communities

The visual amenity and cultural heritage of Upper Hulme will be maintained by the hands-off level condition that ensures a minimum quantity of water is retained in the watercourse downstream of the first abstraction point at all times when abstraction is occurring.

Conclusion and recommendation

Full and due consideration has been given to any representations made, and due regard has been taken of protected rights and other lawful interests. The conditions incorporated on the licences including the hands-off level and fish screening provisions are considered to be necessary and reasonable in light of the available and presented evidence. We have therefore granted licence numbers MD/028/0030/004, MD/028/0030/009 and MD/028/0030/010 as applied for.

Contact the Environment Agency team responsible for this decision: PSC-WaterResources@environment-agency.gov.uk

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