Decision

Taylor Farms: decision on licence application

Published 2 April 2015

This decision was withdrawn on 16 July 2015

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

• Application number: NPS/WR/017632

• Licence number: 6/33/37/*G/0410/R01

• EA Area: Cambridgeshire & Bedfordshire

• Date of Application: received as valid on 12 November 2014

Applicant details:

David John Trevor Taylor and Suzannah Grace Taylor
trading as Taylor Farms
Hall Farm
Herringswell
Bury St Edmunds
Suffolk
IP28 6SX

1. Summary of the proposal

The application is for a new licence on the same terms to replace an existing licence that is expiring on 31 March 2015.

Source of Supply:

• underground strata comprising of Chalk at Herringswell, Forest Heath, Suffolk

Points of abstraction and quantities:

• borehole at National Grid Reference TL 7214 6815
• 68.2 cubic metres per hour
• 1,636 cubic metres per day
• 68,200 cubic metres per year
• at an instantaneous rate of 19 litres per second

Means of abstraction:

• a borehole not exceeding 76 metres in depth and 254 millimetres in diameter with a pump

Purpose of abstraction:

• spray irrigation
• filling a reservoir for subsequent spray irrigation

Abstraction period:

• from April to December inclusive

2. Justification of quantities

Licence 6/33/37/*G/0410 is one of three licences held by the licence holder which are due to expire on 31 March 2015. The licence holder applied to renew all three licences which in total permit the abstraction of 329,400 cubic metres per year for spray irrigation or reservoir filling.

The return data for the current licence (6/33/37/*G/0410) shows that the licence has not been used since issue on 19 February 2004. The applicant provided crop data within the renewal application form which suggested the licence quantity of 68,200 was appropriate for irrigating the proposed areas of crops in the future.

As licence 6/33/37/*G/0410 has not been used since issue, this data alone is not sufficient justification for the quantities applied for. 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 applicant was given the opportunity to clarify any operational aspects which explain why the licence has not been used since issue in 2004. They were also given the opportunity to provide a business case to support future need for the water. None of the above criteria were satisfied.

A request for further justification was sent to the licence holder’s agent who subsequently arranged to meet with a member of the Cambridgeshire and Bedfordshire Integrated Environment Planning (IEP) Team. The outcomes of this meeting were summarised in a letter to the licence holder dated 10 February 2015. The letter advised the licence holder that we would be unable to renew licence 6/33/37/*G/0410 without further justification.

The agent advised the Environment Agency that as the licence holder has not been in contact with regards to providing evidence of operational considerations or a business case to support a need for the water, the Environment Agency should continue with the determination of the application as submitted.

3. Resource assessment

The Cam and Ely Ouse Abstraction Licensing Strategy states that for the Cam and Ely Ouse Chalk Groundwater Management Unit, no water is available for new consumptive abstractions.

4. Conclusion and recommendation

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

The three renewal tests are:

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

The abstraction could be considered as environmentally sustainable and the applicant satisfied the water efficiency test. However, with regards to test 2, the applicant has failed to justify the continued need for water.

The Environment Agency therefore recommend refusal of the application (as modified) for a replacement licence for the following reasons:

• the current licence has not been used since issue on 19 February 2004
• 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