I have just received this statement from the Council. It seems the ditch draining the pool was beyond the landowner's remit. Note in particular that item 8 refers to an additional application to build houses on this land! Contact between the developers and the landowner? Wash my mouth out for being so cynical...
THE SCRAPE, WEST KIRBY
There has been a high level of public interest in the Scrape at West Kirby and the Council has received a high number of e-mails regarding this matter. Given this volume, it has not been possible, unfortunately, for the Council to respond to each individual e-mail and so this statement is being sent out to explain the current situation.
In response to the recent draining of the waterbody known as Gilroy scrape at West Kirby by the private landowner, the Council has now concluded its investigation into this matter. This involved a meeting with the landowner, his agents, Natural England and the Council on 31 October 2016 and a site visit undertaken by the Council on 3 November 2016 with the permission of the landowner,
From this meeting and site visit the Council can advise on the following points;
1 The Council sent the landowner a letter dated 9 December 2015 which advised him of his riparian responsibility to maintain the watercourse shown on the plan attached to the letter. The letter requested that the Council be notified when this work had been completed and the landowner did so on the 28 October 2016. The site visit on 3 November confirmed that maintenance works had been undertaken to the watercourse in question.
2 The site visit also identified that additional work undertaken to form a ditch approximately 5m long linking the scrape to the ordinary watercourse had been undertaken and it is likely that this work has caused the scrape to drain.
3 This additional work was not referred to in the advisory letter of 9 December 2015 or on the accompanying plan.
4 The formation of this additional ditch is likely to alter the flow in the ordinary watercourse and as such consent would be required from the Lead Local Flood Authority (Wirral Council) under Section 23 of the Land Drainage Act 1991 (as amended by the Flood and Water Management Act 2010). No application for consent at this location has been made to the Lead Local Flood Authority, nor has any consent been given.
5 The Council, as Lead Local Flood Authority, has the power to take enforcement action for the unconsented works. This would be initiated with a pre-section 24 Notice under the Land Drainage Act. The Council served this notice on 11 November 2016. The landowner has now advised the Council that he has removed the ditch he dug between the scrape and watercourse.
6 While the scrape is of importance for nature conservation it does not benefit from any current statutory protection. Without prejudice to the action under the Land Drainage Act outlined above, the Council will work with all parties to see whether a sustainable solution can be achieved which secures the nature conservation value of the scrape on a long term basis while taking account of the landowners desire to farm the field in which the scrape is located on a commercial basis. These discussions will take place with the landowner. 7 The land in question lies outside the boundary of the proposed Hoylake Golf Resort proposals.
8 For information, the Council has received through its recently concluded consultation process on the Strategic Housing Land Availability Assessment and Strategic Housing Market Assessment, a submission from an agent on behalf of a strategic land investment company seeking removal of the field which includes the scrape and other adjoining land from the Green Belt with a view to its future development for housing. The outcome of this consultation process will be reported to Members in the New Year and further information on this will be available when the report is published.
David Ball Assistant Director Environmental Services 17 November 2016
Annie Hasprey PA to David Ball Assistant Director Environmental Services Wirral Council Tel: 0151 691 8395 Email: anniehasprey@wirral.gov.uk
-- Edited by Tim Wilcox on Friday 18th of November 2016 08:28:17 AM
A note from Richard Smith on Dee Estuary Birding sounds promising:-
UPDATE November 1st: "We hear that representatives from Wirral Borough Council and Natural England had an on-site meeting with the land-owner yesterday. A Report is to be written and issued in a few days. No other details yet but we are hopeful for a satisfactory outcome. MANY thanks for the over-whelming support, it's been just astonishing!"
Posted on Dee Estuary Birding is the news that the small pond off Gilroy Road near West Kirby that has held 5% of the UK population of Black-tailed Godwits at high tide has been vandalised by the Council who have drained it. After nine years of respect to the birds by the locals it has been drained by the Council in preparation for some golf resort. I e-mailed David Ball, the Regenearation Officer who just e-mailed back within 5 minutes! Super fast service. The private landowner did this without knowledge or recourse to the Council and they are investigating
-- Edited by Tim Wilcox on Thursday 27th of October 2016 08:09:26 PM
