Fact Sheet on

Landscape and Nature Conservation Issues

Points from expert witness reports prepared and counsel's closing remarks for Capel Action Group, which can be used in letters.

Landscape

•  According to the applicant the building to house the incinerator will measure 132.8m x 67.7m and will vary in height between 8m and 35m. The overall footprint would be 8,990.6 sq.m. The chimney stack will be 70m high, 40m of which will be above the building. The gaseous plume that will be emitted from the stack will be visible for 40% of the time and at lengths of between 34 and 189 metres.

•  The only assessment that SCC has carried out in landscape and visual impact terms has been for an incinerator of approximately 30m in height high with a stack of 70m. There has been no assessment for any other use. The assessment did not address the actual planning status of the landfill site at Clockhouse, as a greenfield site, although SCC's consultant has accepted that this would be necessary.

•  The 1995 assessment and professional judgment of SCC's own professional consultants was that the impact of such a facility would be exceptionally severe, and the area had a low capacity to accept such an impact. In 2005 the assessment was reviewed and changed from one of low capacity to accept the impact to moderate capacity. This is just a change of view which is not referable to any actual change of circumstance. In the absence of any justification for the change of view, it should be treated with caution.

•  In any event, even on that assessment which SCC's consultant has confirmed remained his professional view, the site was assessed as only having a moderate capacity to accept the impact of an incinerator as proposed , and his professional advice to SCC was that the Clockhouse site should be rejected for such a facility on landscape and visual impact grounds. We can only agree most strongly with SCC's consultant and urge SCC to adopt his advice!

Nature Conservation

Effect on Great-crested Newts

The Clockhouse Brickworks has been known to support Great-crested Newts for many years. This species is listed in the Habitats Directive.

The Environmental Statement (ES) submitted with an application for an Energy from Waste Plant at the Clockhouse Brickworks in May 2000 stated that Great-crested Newts are widespread throughout the application site, ‘ in significant numbers' The author of the survey speculated that over 100 Great-crested Newts might be recorded in optimum weather conditions. If this is true, then the population in 2000 was likely to fall into English Nature's ‘large' category.

Whilst the 2000 application was withdrawn, landfill activity has continued at the site. Another application in November 2005, for extension of activity, was supported by further newt survey data. This showed that the Great-crested Newt population had declined. The maximum number recorded in 2005 was less than one third the number recorded in 2000 and 2001. The mitigation strategy implemented by Surrey County Council to protect this species had therefore clearly not been successful.

The conservation status of this species at this site is declining. The County Council is therefore clearly in contravention of its 1998 licence, as well as having failed to restore the site as per the requirement under the relevant condition on the planning permisson.

The proposal for an incinerator would put further pressure on the Great-crested Newt population. It would therefore require a new license. It is extremely unlikely that such a license would be issued on two counts as history shows that mitigation has not protected the conservation status of Great-crested Newts at this site. Earlier schemes have therefore failed to meet the statutory test set out in Habitats Regulation. There is no reason to believe that future schemes will be any more successful.

Effect on Vann Lake and Ockley Woods SSSI

Vann Lake and Ockley Woods SSSI lies approximately 2 km to the west of the Clockhouse Brickworks. The citation states that the woodland is ‘ botanically rich, particularly with regard to bryophytes (mosses and liverworts) and fungi'. Many bryophytes are very susceptible to air pollution.

There is no indication that the selection of sites within the Waste Plan has included any assessment of the likely effects of the thermal treatment plant on the bryophyte flora of this SSSI. This is despite Surrey Council's own admission that ‘ significant impacts can potentially occur up to 10km, dependant on the sensitivity of the site'. This is consistent with Environment Agency advice.

Therefore to introduce an incinerator, a potentially polluting scheme, so close to an SSSI, without proper assessment of the degree to which it might affect the vulnerable bryophytes for which the site is of special interest, is contrary to national legislation and policy. Should further investigation show that the scheme is likely to have a significant adverse effect on bryophytes in the SSSI, planning permission could not be given. It is therefore perverse to have neglected this issue in the selection of the Clockhouse Works at Capel as a preferred site.

Effect on Fylls Brook SNCI and adjoining ancient semi-natural woodland.

The proposed scheme at the Clockhouse Brickworks adjoins Fylls Brook SNCI and other ancient semi-natural woodland. It is therefore very important that any allocation and any future application for this scheme demonstrates how these features will be protected from adverse impacts. No assessment for the purposes of the allocation appears to have taken place.