E-mail back and forth relating to multiple meeting requests following April 24th deferraAl decision and intention to collaborate through engagement.
Email exchange with Cheshire East Council (aka Applicant in the Poynton Pool Spillway planning application)
Sent: Tuesday, May 7, 2024 9:48 AM
Subject: RE: Deferral of planning application 23/4152M
Dear [Cheshire East Council, Estates],
On behalf of the Friends of Poynton Pool community group, I write to you as applicant for planning application 23/4152M registered on 3 November 2023.
Further to the Strategic Planning Board meeting of 24 April 2024 when the decision on the application was deferred subject to:
- A review of the data including, but not limited to:
- Flood Study input parameters
- Geotechnical investigation of the embankment
- The volume of the pool
- Review mitigation of impacts from the proposal
- Review the proposal with technical experts from Friends of Poynton Pool (FoPP)
To achieve this, we suggest that a meeting of non-technical representatives of Cheshire East Council, FoPP and Poynton Town Council would be helpful in establishing objectives, lines of communication, and which experts from each party would be involved and their terms of reference.
From our perspective, the key issue is to review the proposed solution against alternative, less damaging options to both regulate reservoir overflow and raise the crest of the dam.
We would ask that the review includes but is not limited to:
- A review of the Jacobs flood study data that was omitted from the application. If the overriding justification for this work is ‘need’ then we would expect the flood study results to be considered
- Detailed topographical survey of the embankment and outfall
- Geotechnical investigation of the embankment to determine its composition and establish whether it is a clay-core dam or a clay-lined lake, and to enable an assessment of the effects of removing vegetation from it
- A review of the current risk from the dam, and the risk when different solutions are applied
- Consideration of further options for regulating both reservoir overflow and regulation of the dam crest
- Options that avoid the removal of or damage to trees
- Engagement of an Arboricultural Clerk of Works for the duration of construction operations and pre-design ground investigations or exploratory works having potential to damage trees
- Enabling access to the work site by an arboriculturist engaged on behalf of the community to check compliance with any tree-related planning conditions
We look forward to an opportunity to work with you to achieve an outcome that will satisfy your obligations as duty holder and the communities desire to retain the asset with the minimum possible impact.
Yours sincerely,
Mike Ellison
For Friends of Poynton Pool
Sent: Friday, May 10, 2024 8:50 AM
Subject: RE: Deferral of planning application 23/4152M
Dear Mr Ellison,
Thank you for your recent email on the above,
As the current named applicant representing the Council in its duties as the ‘undertaker’ with responsibilities for Poynton Pool, I am happy to work collaboratively and engage with the Friends of Poynton Pool, Poynton Town Council, and other interested parties to develop and agree a way forward.
My understanding is however, that the Council, in its duties as the Local Planning Authority (LPA) will take the lead on resolving matters and the approach and process for addressing the various reasons for deferral will be determined by Planning Officers.
Initial contact has been made with the Council’s (as applicant) existing project team to request additional supporting information and I understand similar requests are to be made from all other interested parties and the process will continue from there.
In the interim, the Council’s appointed Supervising Panel Engineers, Mott MacDonalds have advised that following the deferral decision made by the planning committee, that an early s10 Inspection of the existing reservoir will be requested.
Look forward to working with you and wider colleagues in due course,
Kind regards,
[Cheshire East Council, Estates] (Applicant)
Sent: Tuesday, May 14, 2024 8:49 PM
Subject: RE: Deferral of planning application 23/4152M
Dear [Cheshire East Council, Estates],
Thank you for your email, it is the most positive communication we have had from the council since becoming involved with the Friends of Poynton Pool community group more than 18 months ago. Whilst we have some difficulty with the concept of a local planning authority leading on the development of an application that it will itself determine, we look forward to working collaboratively with you as applicant, to develop and agree a way forward.
We are in receipt of an email from the planning case officer Mr Wakefield, which is hopefully the beginning of a meaningful collaboration.
Regarding the Supervising Engineer’s request to bring forward the next Section 10 inspection, we respectfully request that your chosen Inspecting Engineer (IE) be entirely independent of both Jacobs and Cheshire East Council and that once appointed, a meeting be arranged between your IE and our Engineer Stewart Tennant to discuss the material inaccuracies that we have identified in the input data used to prepare the 2019 Flood Study and the alternative solutions for reservoir flood routing and crest regulation. This should include our alternatives which we believe are viable but have hitherto been dismissed without providing any explanation as to why.
Regards,
Mike Ellison
For Friends of Poynton Pool
Sent: Monday, May 20, 2024 8:59 PM
Subject: RE: Deferral of planning application 23/4152M
Dear [Cheshire East Council, Estates],
Just checking in with you as I’m working abroad from tomorrow for the rest of the week. Did you manage to look at my last email? I know how quickly the Inbox can fill up but it would be great to hear that you were supportive of a meeting of the professionals.
Regards,
Mike Ellison
Sent: Tuesday, May 21, 2024 8:14 AM
Subject: RE: Deferral of planning application 23/4152M
Dear Mr Ellison,
Thank you for further comments and feedback on the above.
My apologies for the delay in responding, but there is very little to update on currently.
The Council has yet to receive the formal written notice from the appointed Supervising Engineers, Mott MacDonalds in relation to the request for an early inspection of the dam. Additional fee proposals have however been requested from them, to appoint an alternative panel engineer to undertake the formal reinspection and provide a level of separation between the various duties of Supervising and Inspecting Engineers involved.
I am happy to update on progress of the above in due course.
Kind regards,
[Cheshire East Council, Estates] (Applicant)
Sent: Monday, 8 July, 2024 08:06
Subject: RE: Poynton Pool – Bathymetric Survey – 27th and 28th August 2024
Dear Mr Ellison,
Apologies for the delay in sharing the above information. I have been away on leave.
The Council has received formal notification from the Environment Agency on the dates for undertaking the bathymetric survey on Poynton Pool. The survey works are to be undertaken on the 27th and 28th August 2024, respectively.
I have attached a copy of the correspondence received from the EA for information purposes and colleagues from within the Council are in the process of liaising with the EA and the appointed Contractor, Binnies to review the method statements and risk assessments and agree the practical arrangements for access on the dates as outlined.
Kind regards,
[Cheshire East Council, Estates] (Applicant)
Sent: Monday, July 15, 2024 8:08 PM
Subject: RE: Deferral of planning application 23/4152M
Dear [Cheshire East Council, Estates],
Do you have any further information regarding bringing forward the next Section 10 inspection. Is it scheduled or is it complete?
Regards,
Mike Ellison
for Friends of Poynton Pool
Sent: Monday, July 22, 2024 8:45 AM
Subject: RE: Deferral of planning application 23/4152M
Dear Mr Ellison,
Thank you for the further note on the above.
Within the last couple of days, the Council has received formal notice, from the Supervising Engineer (Mott MacDonalds Ltd) to call for an early inspection of the reservoir and will now progress with the procurement and appointment of an appropriate Inspection Engineer from the approved panel within the required timescales.
I will update all parties on the relevant appointment details and associated timescales in due course.
Kind regards,
[Cheshire East Council, Estates] (Applicant)
Sent: Mon 22/07/2024 19:51
Subject: RE: Deferral of planning application 23/4152M
Cheshire East Council, Estates
Dear [Cheshire East Council, Estates],
Thank you for your email and for keeping us informed of progress on this.
Having discussed your email with our Engineer Stewart Tennant, he suggests that now the Supervising Engineer has called for a new S10 inspection, it would be good for him to have a meeting with your Inspecting Engineer before the inspection takes place. The past two years have brought a lot of new information to the fore and we are confident it would be to the council’s benefit for this to be discussed prior to the inspection. Is this something that you would support?
Regards,
Mike Ellison
For Friends of Poynton Pool
Sent: Sunday, August 11, 2024, 4:51 PM
Subject: RE: Deferral of planning application 23/4152M
Cheshire East Council, Estates
Dear [Cheshire East Council, Estates],
Have you had the opportunity to consider our request regarding a meeting between our Reservoirs Engineer Stewart Tennant and your new Inspecting Engineer? We get the sense that we are being held at arms-length, which (correct or not) isn’t very helpful given that we are seeking a reasonable and equitable solution to the reported deficiencies in the Poynton Pool reservoir, which we had assumed was also your objective as duty holder under the Act.
Regards,
Mike Ellison
For Friends of Poynton Pool
Sent: Wednesday, August 14, 2024 08:51
Subject: RE: Deferral of planning application 23/4152M
Dear Mr Ellison,
Thank you for your further note.
I can now confirm that the Council has procured a new Inspection Engineer (IE) from the EA reservoirs panel to undertake the reinspection of the reservoir as required.
Mr N from XX & Partners has been appointed as the Inspecting Engineer (IE) and arrangements have been made to undertake the inspection works in early September 2024. This will be a combined visit with Mr F from Mott MacDonalds Ltd, the appointed Supervising Engineer (SE), who is taking the opportunity to combine the visit with the required annual inspection / visit.
The initial priority for the Council (as duty holder) is to maintain compliance and ensure the completion of an updated inspection and supporting report, within the required timescales. If the Friends of Poynton Pool and Poynton Town Council have additional background information available that may assist in that specific process, then please submit the material to the Council for consideration.
Whilst it is acknowledged that frustratingly, awaiting the outcome reports of the various surveys and inspections has delayed matters, it is understood that the additional material information will be obtained to support the planning process and assist in the wider engagement and technical discussions proposed with the Council (as LPA) objectives as previously outlined. It is envisaged that the opportunity to seek additional independent review/opinion from the new IE can be obtained during that process, where appropriate.
Kind regards,
[Cheshire East Council, Estates] (Applicant)
Sent: Friday, August 16, 2024, 11:41
Subject: RE: Deferral of planning application 23/4152M
Cheshire East Council, Estates
Dear [Cheshire East Council, Estates],
Further to your response to Friends of Poynton Pool, the Town Council is extremely concerned that despite Cllr Gardiner’s proposal which was agreed upon by the Strategic Planning Board that a meeting between Mr Tennant, the CEC engineer with an independent expert should take place, Cheshire East Council appear reluctant for this to take place. Specifically, Cllr Gardiner stated at the meeting – “I would like to encourage that there is a meeting between the council’s technical expert along with a technical representative from Poynton Pool and if necessary a third party arbiter should be involved if there is still a disparity and no agreements with the results presented. Once that has happened a report comes back to the committee if it is felt that the scheme before us today is the appropriate way forward. In the event that it is not the appropriate way forward a further application to be submitted”
The appointment of a new Inspecting Engineer provides an ideal opportunity for all parties to meet to attempt to bring this matter to a satisfactory resolution for both yourselves as the undertaker but also to the wider community as envisaged by the Strategic Planning Board. However, Cheshire East Council appear reluctant to engage and continue to keep the Town Council and Friends of Poynton Pool at arms length.
The Town Council would urge in the strongest possible terms that once the result of the bathymetric survey is known a meeting with all parties including Stewart Tenant, the new Inspecting Engineer and the Supervising Engineer should take place.
Kind regards,
[Poynton Town Council]
Sent: Monday, August 19, 2024 09:37
Subject: RE: Deferral of planning application 23/4152M
Dear [Poynton Town Council]
Thank you for your further note and comments,
As previously outlined by the Council as LPA, the process for collaboration and engagement with all interested parties on reviewing the remaining technical queries and concerns is to be led by them in the first instance. The Council (as applicant / undertaker) remains fully committed and supportive of this process and has updated all interested parties on progression of the interim tasks as and when required, the primary focus being to ensure that compliance with reservoir safety is maintained.
Admitably, the procurement and appointment of a new Inspecting Engineer (IE) has taken time to progress, but the reinspection of the reservoir is one of the essential tasks that needs to be completed to ensure the Council maintains compliance with the expected on-going duties and requirements. The physical reinspection of the reservoir is now planned for early September 2024, followed on by the formal report.
It is expected that having the updated survey and inspection reports will provide additional material information to support and inform the proposed technical discussions and as you have outlined, it will also provide an opportunity for the IE to review matters and provide independent technical review and comments in due course and we can work towards development of an acceptable way forward.
Kind regards,
[Cheshire East Council, Estates,] (Applicant)
Sent: Monday, August 19, 2024, 09:54
Subject: RE: Deferral of planning application 23/4152M
Dear [Cheshire East Council, Estates],
Thank you for your email which I will pass on to our Planning & Environment Committee for their consideration.
Kind regards,
[Poynton Town Council]