This relates to the site on which the incinerator was proposed but was called in and ultimately rejected by the Secretary of State.

 

Unauthorised destruction of treeline and hedgerow in Priority Habitat area

 

The landowner has carried out unauthorised works since 2024 to entirely strip out c100m of mature treeline and hedgerow alongside the towpath, and lay a large proportion of the site to hard surface. We understand that an existing pond on the site, in which Great Crested Newts were identified during the planning inquiry for the incinerator, has been drained, and ponds on a site across Ratty's Lane (also owned by the applicant, and the subject of another application) have similarly been drained.    

 

The treeline/hedgerow was removed from a Priority Habitat area, in breach of a number of statutory rules, and has had a devastating impact on the area - see images below.  A bund has also been constructed in which, reportedly, shipping containers have been buried.  We wrote to the Council about these unauthorised works on 13 May 2025. 

 

Not only does it entirely strip out a wildlife corridor running alongside the River Lea (so important in an industrial area), it means that there is now no screening at all from the towpath, in a location which is one of our most important natural assets - affecting both users of the towpath and river, but also wildlife along the river.  These were trees planted over 35 years ago, as part of the landscaping for the Rye House Power Station, and so cannot be replaced easily, without decades of growth. 

 

Retrospective application submitted

 

The landowner has now submitted a retrospective application for the retention of the hardstanding (see link below) - which makes no mention of the fact that the applicant was itself responsible for the removal of the treeline/hedgerow and simply says that there is "no planting" on the application site.  The applicant says it will plant some trees along the boundary.  This is too little, too late.

 

We have asked the Council to apply the biodiversity considerations for planning applications to the site as it was before the habitat renewal, and not how it is now.  

 

What is proposed is a site for "mixed storage and distribution purposes", with a secuity cabin and four full time staff, 24 hours a day.  Fifty lorry movements are predicted per day. No lighting strategy has been provided (for a site with storage and security concerns, which usually indicates the need for floodlighting.

 

There are also concerns about the bund  built towards the Sainsbury's depot, which buried shipping containers.  Aquifers run under the site, and do not appear to have been taken into account. 

 

Ratty's Lane is problematic in terms of traffic, being single lane in some locations with insufficient room to enable the safe passing of cyclists/pedestrians by a lorry.  Traffic lights are proposed - but in addition to the 50 lorry movements per day to this site, the same applicant also has an application in for the site on the opposite side of Ratty's lane, which predicts 52 lorry movements per day. 102 lorry movements per day on a single track road is problematic. 

 

We attach here a link to the application (which is reference number 07/25/0534/F) and would urge you to respond to share your objections to the unauthorised works and ask the Council to require the applicant to restore the treeline and hedgerow.  

 

We have provided our detailed comments in a letter which can be found here - please feel free to use any information from that letter.

 

Destruction of Priority Habitat area at Ratty's Lane - Unauthorised works / retrospective planning application