Our ref:SL/2007/102360/02-L01

Your ref:2007/2970

Date:27thAugust 2008

Ann Biggs

Elmbridge Borough Council

Planning Policy

Civic Centre High Street

Esher

Surrey

KT10 9SD

Dear Ms Biggs,

Proposal:FULL APPLICATION DESCRIPTION AND DRAWINGS AMENDED TO RETAIN EXISTING EMBANKMENT STRUCTURE, WEATHERBOARDING TO HOTEL CHANGED TO HORIZONTAL RATHER THAN VERTICAL, AND MINOR MODIFICATION O EAVES DETAIL OF HOTEL. THE SUPPORTING DOCUMENTATION HAS BEEN AMENDED AND UPDATED TO INCORPORATE THESE CHANGES.

Information

References:AMENDED ORIGINAL PLANNING APPLICATION - ENVIRONMENTAL STATEMENT - GLADEDALE GROUP LIMITED, NETWORK RAIL AND THE ROYAL STAR & GARTER HOMES, DATED MAY 2008

Location:HAMPTON COURT STATION & THE JOLLY BOATMAN, HAMPTON COURT WAY, EAST MOLESEY, SURREY KT8 9AE

Thank you for consulting the Environment Agency on the above referenced planning application which we received on the 9th July 2008. Please note that our comments are the same for this amended application (your reference 2007/2970) and for the new application at the same site (your reference 2008/1600) which we have responded to separately. Please also note that, where it has been evident that the proposal details have not been substantially changed from the former application (your reference 2007/2970), our comment is similar to that written in our past response reference SL/2007/102360/01-L01, dated 24th January 2008.

The site has the following environmental constraints and opportunities:

  • It is located in Flood Zones 3 and 2
  • The Thames, Ember and Mole rivers are located within the vicinity of the site.
  • The site is located on a High-Risk zone for Groundwater vulnerability and our records show that the site is potentially contaminated

Therefore the key issues for the Environment Agency at this site are:

  • Flood risk and surface water drainage
  • Water Related Recreation, Public Amenity, Navigation & Waterways Operation
  • Landscape
  • Impact on Ecology and the mitigation/compensation measures
  • Prevention of pollution to Groundwater & potential contaminated land remediation
  • Pollution prevention and control measures

We have no objection to the proposed development subject to the inclusion of the conditions contained herein on any planning permission granted.

Please find attached the following information:

Section 1Further detailed comment and requested conditions related to our key issues and interests

Decision Notice Request

The Environment Agency requires decision notice details for this application, in order to report on our effectiveness in influencing the planning process. Please email decision notice details to .

Should you have any queries regarding the above, or require any further information, please do not hesitate to contact me.

Yours sincerely

Mr Jack Hayes

Major Projects Officer

Direct dial 0207 091 4029

Direct e-mail

Section 1 – Further detailed comment and requested conditions related to our key issues and interests

Flood risk and surface water drainage

The site lies within Flood Zone 3 as defined by Planning Policy Statement 25, Development and Flood Risk (PPS25). Flood Zone 3 refers to land where the indicative annual probability of flooding from non-tidal river sources is 1 in 100-years or less (i.e. it has a 1% or greater chance of flooding in any given year).

The modelled flood level on site from theLower Thames Flood Risk mapping for the 100 year flood event is 8.41m AOD and the 100 year flood event plus 20% (added for climate change) level is 8.96m AOD.

Flood Risk Sequential Test

Although the majority of discussion regarding the flood risk assessment took place prior to the issue of PPS25, the Environment Agency advised the Developer and the Planning Authority that a Sequential Test would have to be produced if the application was submitted after the issue date of PPS25. It was advised that such documentation would still have to be produced eventhough the site has a Development Brief and is a Brownfield site.

Advice was given on a process for carrying out the Sequential Test as per our flood risk standing advice website. Where the Local Development Framework (LDF) process has not been completed, this guidance steers those undertaking the test toward using the existing Borough Local Plan or similar documents and Environment Agency flood zones to make the assessment which is done in partnership between the Developer and the Local Planning Authority (LPA).

The Environment Agency’s role is to provide general guidance on theSequentialTest process and to provide technical flood risk comments. The LPA are charged with the responsibility for the application of the Sequential Test in the control of development through the planning application process. We consider that we are limited in the extent that we are able to assess the methodology and evidence base of individual Sequential Tests as this pertains to the wider planning application decision making process. It is the LPA’s role to apply both the sequential and exception tests and to make the final judgement and determination on whether or not the Sequential Test meets the requirements of PPS25. However, we do provide some advisory comments on the scope and process of the sequential test as outlined above.

We note the information has been produced as part of the FRA and followingfurther discussion are satisfied that the LPA are considering the Sequential and Exception tests as part of the process to determine the application.

Floodplain Compensation

The proposed development will displace flood water.To be acceptable to the Environment Agency the applicant was required to provide level for level floodplain compensation. This is requested to ensure that there is no increase of flood risk elsewhere.

Ground reprofiling of the Jolly Boatman site has been proposed for floodplain compensation up to the 1 in 50 year flood return period of the River Thames. Floodplain compensation for flood water displaced by the proposed development above the 1 in 50 year return period will be compensated for using geocellular storage because of the spatial restrictions on site. Flood storage in addition to the minimum storage requirements will be provided for in lower flood return periods, as proposed within the Flood Risk Assessment (FRA).

Safe access

The FRA states that dry pedestrian access is available for the proposed development up to 9.0mAOD.We request the following condition in order to ensure a safe access route is agreed and installed:

CONDITION 1:Development shall not commence until details of a safe exit route, not adversely affecting the flood regime, to land outside the 1 in 100 plus 20% (added for climate change) year flood plain, are submitted to and agreed in writing by the local planning authority. This route must be in place before any occupancy of the building(s).

REASON:To provide safe access and egress during flood events and reduce reliance on emergency services.

Finished Floor Levels

We request the following condition in order to ensure floor levels are set as proposed in the FRA:

CONDITION 2:Finished floor levels for the proposed development shall be set no lower than 300mm above the 1 in 100 year plus 20% (added for climate change) flood level of 8.96mAOD, OR, where this is not practical, flood proofing measures shall be incorporated up to the 1 in 100 year plus 20% (added for climate change) flood level, at 9.26mAOD.

REASON:To protect the property from flooding.

Underground basement car park

As an underground basement car park has been proposed, we request the following condition in order to ensure increased protection from any flood waters:

CONDITION 3:The entrance to all basements shall be set above 9.0mAOD, to allow for wave action, on all sides.

REASON: To reduce the risk of flooding and inundation in the basements.

Surface Water Drainage

We commend the inclusion of sustainable drainage methods such as the 930m2 of Green roofs and gravels with plantingthat have been proposed and the FRA states that the redevelopment proposes a decrease in impermeable areas on site. PPS25 requires that a separate drainage strategy is required. We therefore request the following condition in order to ensure full details are submitted:

CONDITION 4:No development approved by this permission shall be commenced until a scheme for the provision of surface water drainage works has been submitted to and approved in writing by the Local Planning Authority. The drainage works shall be completed in accordance with the details and timetable agreed.

REASON:To prevent the increased risk of flooding by ensuring the provision of a satisfactory means of surface water disposal.

SI06 Agreement Recommendation

We strongly recommend that an agreement is drawn up within any S106 agreement for regular maintenance of the cellular storage used for surface water attenuation and floodplain compensation.If the storage became blocked through lack of maintenance, flood risk both on the site and elsewhere could be increased.

Please note that we are reliant on the accuracy and completeness of the reports in undertaking our review, and can take no responsibility for incorrect data or interpretation made by the authors.

Water related recreation, public amenity, navigation & waterways operation

The removal of the new landing stage and adjoining stepped access proposal is a lost opportunity for riverside enhancement.

In our previous letter of the 24th January 2008 we stated that the main interest for the Waterways Department at the proposed development site was the expected improvement and future use and access to the PassengerVesselLandingWharf downstream of HamptonCourtBridge and the public realm connecting to that facility.

We do not presume to question the listed status of the Wharf and Wharf Wall but we note with regret that the proposed redesign of the Public Landing and Steps has been removed from this latest application. Environment Agency technical specialists worked closely with the applicants to create the design shown in the first application to best accommodate future passenger vessel landing with close care for fisheries and biodiversity interests in the river bed and the varying river levels.

Under the Environment act 1995 the Environment Agency has a duty to promote water recreation on rivers and coasts and does so partly via the Planning Process. In addition the Thames Waterway Plan of the River Thames Alliance has the following Core Objectives.

1)Improve and promote access

2)Improve and maintain infrastructure facilities

3)Contribute to enhanced biodiversity, heritage and landscape etc

4)Increase use of the river and its corridor.

This is why we assisted in the expected re-design of the public landing and steps including wheelchair ramp access. The improvement would have been a major enhancement of the Water Recreation interest together in serving water transport and tourist links to HamptonCourtPalace as detailed and supported in our letter of the 24th January 2008.

The retention of the river wall together with the new planting along the length of the wall will therefore reduce the expected “connectivity to the river “which would have come from the integration of the public space to the landing steps. This application does include a public area between the hotel and the existing river wall which is welcomed although its public status does not appear so apparent or present the vision needed following the years of neglect.

Accordingly the first application presented significant water recreation benefits but this application presents no direct water recreation benefits and we would hope that the previously shown landing steps as supported in our comments of the 24th January could still be introduced.

The comments under this heading in our letter of the 24th January 2008 which related to the public walking route to HamptonCourtBridge and HamptonCourtPalace remain relevant for consideration.

We consider that these comments do not constitute grounds for a formal objection to the scheme but we do wish to register our disappointment with the revised riverside scheme design.

Landscape

The proposed development appears likely to have an impact on the visual amenity and landscape character of the area, due to the scale, bulk and density of the development and the proximity to the river.

The Environment Agency is therefore concerned about the potential for an adverse effect this scheme could have on the landscape character and important river views in this iconic, sensitive riverside location on the River Thames opposite Hampton Court, and on the surrounding open green space on and beside CigaretteIsland.

These comments are not a formal objection to the scheme but the Environment Agency is an active partner of the Thames Landscape Strategy (Hampton to Kew) and is therefore supportive of the views expressed by the Strategyand of the policies contained in the Strategy that are relevant to this area. In this regard, the Environment Agency is also sympathetic to the concerns of the Historic Royal Palaces.

Impact on ecology and the mitigation/compensation measures

Following review of the submitted information, we request the following conditions in order to ensure that suitable ecological mitigation and compensation measures are incorporated into the development. We ask that we be consulted on any details submitted in compliance with these conditions:

Lighting

The corridor adjacent to a watercourse provides important habitat foraging bats which feed on invertebrates and utilise tree and hedgerow lines as commuting routes which are disrupted by artificial lighting, particularly at dawn and dusk.

River channels and waterbodies with their wider corridors should be considered ‘Intrinsically Dark Areas’ and treated as recommended under the Institute of Lighting Engineers “Guidance Notes for the Reduction of Light Pollution”.

CONDITION 5:There shall be no light spill into adjacent natural terrestrial and aquatic habitats. Artificial lighting should be directional and focused with cowlings to light sources in close proximity to the wetland habitat.

REASON:Artificial lighting disrupts the natural diurnal rhythms of a range of wildlife using/inhabiting the river and its corridor habitat.

Green Roofs

We welcome the information on the green roofs within the landscape strategy. However we request detailed plans and cross sections of all the proposed green roofs (for amenity and biodiversity purposes) through the following condition. The designs should illustrate the various habitat mosaics and ecological features to be incorporated into the final design.

CONDITION 6:The design and location of the green roofs shall be submitted to and approved in writing by the Local Planning Authority before the construction of any of the buildings commences. This must include extent, location, design, dimensions and materials.

REASON:To ensure good practice measures are included in the design of these features and to act as mitigation for loss of habitat.

Landscaping and treatment of the river buffer zones

We note the agreement to protect and enhance the area adjacent to the River Ember and therefore request the following conditions:

CONDITION 7: A landscape management plan, including long term design objectives, a planting scheme, management responsibilities and maintenance schedules for all landscape areas, other than small, privately owned, domestic gardens shall be submitted to and approved in writing by the Local Planning Authority before the development commences. The landscape management plan shall be carried out as approved.

REASON: To protect/conserve the natural features and character of the area.

CONDITION 8:A Buffer Zone 8 metres wide alongside the River Ember shall be established in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority before the development commences.

REASON:To maintain and protect the character of the watercourse and to provide undisturbed refuges for wildlife using the river corridor.

CONDITION 9:No development approved by this permission shall be commenced until a planting scheme for the site, has been approved in writing by the Local Planning Authority. The approved scheme shall be carried out in accordance with a programme for planting and maintenance related to stages of completion of the development.

REASON:To protect, restore or replace the natural features of importance within or adjoining the watercourse.

CONDITION 10:No development approved by this permission shall be commenced until an Ecological mitigation, compensation and enhancement scheme and an Environment Management Plan, has been submitted and approved by the Local Planning Authority. Development shall be carried out in accordance with the approved details. This scheme shall outline the detailed design of all ecological mitigation, compensation and enhancement measures listed within the Environment Statement dated May 2008 including native tree and shrub planting; creation of 930m2living roof; provision of bat boxes and bird boxes. This shall include a scheme for the protection and enhancement of the buffer zone to the River Ember.

The scheme shall include design plans and layout, materials, timings, methods of construction and species lists for planting. The works shall be undertaken in accordance with the approved details.

REASON:To protect and conserve the natural features of importance for biodiversity across the site and to ensure that best practise measures are adopted through construction and in on-going maintenance of the site.

Please note that there must be no contamination (e.g. by silt, oil, rubble or any other debris or pollutants) of the adjacent buffer zone if development proceeds. There must be no fires, dumping, storage of materials or tracking of machinery within the buffer zone which should be suitably marked and protected during development. The developer should avoid gaining access, storing materials and spoil spreading on this adjacent buffer zone area of important wildlife habitat.

Prevention of pollution to Groundwater & potential contaminated land remediation

This site is situated in a sensitive area regarding groundwater protection. It is underlain by the Alluvium over a major gravel aquifer and iscloseto the Rivers Thames,Ember and Mole. Groundwater is relatively shallow below ground level at approximately 3 - 5 mbgl.