Expert Digest NOVEMBER 2015 ISSUE 10. Welcome to Expert Digest. Expert Focus. The ADAS Group. Page 1

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1 Expert Digest NOVEMBER 2015 Welcome to Expert Digest We are pleased to welcome you to the 10th edition of Expert Digest which is focused on topical issues of interest to rural professionals, in particular agricultural, environmental and rural lawyers. With such a wide range of issues to highlight, it is always challenging to narrow down those that may be of interest. In this edition we are focussing on development and we highlight the role that some of our experts in Landscape, Environment, Ecology, Archaeology and Historic Landscape play in influencing the planning process, for both applicants and planners. For more information please contact: geoffrey.fairfoull@adas.co.uk. The ADAS Group ADAS is the UK s largest independent provider of agricultural and environmental consultancy, rural development services and policy advice. ADAS has a unique combination of insight and practical experience, underpinned by robust, informed, science-based information that allows us to meet the needs of both our domestic and international clients. The business employs 450 staff on permanent or fixed-term contracts and draws on the expertise of a further 200 people. Gross turnover is c. 38 million per annum. The organisation was established over 60 years ago as the advisory and research arm of the Ministry of Agriculture, Fisheries and Food and branded as ADAS in The business was later privatised in 1997 and to this day remains a preferred supplier to Governments and a wide range of enterprises in the public and private sectors. Expert Focus Dr Paula Lutescu-Jones Senior Archaeological Consultant ISSUE 10 Paula has a BA in Archaeology (Trinity College Carmarthen), an MA in Death and Society (University of Reading) and PhD in Archaeology (University of Wales Lampeter). Her PhD research focused on landscape, death and memory in the earliest prehistory of Cyprus and the Levant. Paula has over 12 years experience working in a broad range of archaeological roles, including commercial field archaeology, heritage management, community archaeology and commercial project management. Paula has been working in the South West of England and Wales for much of her career to date, and has a thorough understanding of the archaeology of these regions, as well as a comprehensive understanding of the specific local and regional planning policies. She has previously worked as a Project Manager in commercial archaeology (for AC archaeology Ltd), and was responsible for the management of all historic environment impact assessments (archaeological desk-based assessments), EIA contributions, settings impact assessments, the production of Written Schemes of Investigation (where applicable) and mitigation strategies. Paula has been providing archaeology consultancy services to clients and developers of residential, commercial, renewable and utility schemes for a number of years. Paula is especially adept at providing advice on settings issues, acting as expert witness in inquiries and appeals, and successfully resolving heritage issues. As Senior Archaeological Consultant at ADAS Paula provides a broad range of clients with advice and guidance on their planning applications, as well as: Bespoke archaeology and heritage CPD workshops Archaeological desk-based assessments Settings impact assessments EIA contributions ASIDOHL2 reports Feasibility studies Written Schemes of Investigation and Method Statements, Historic Landscape Characterisation studies Archaeological fieldwork and project management Page 1

2 Archaeological mitigation strategies Expert witness services Contact: Tel: Dr Diarmuid O Seaneachain Archaeological Consultant Diarmuid graduated with a PhD in historic landscape archaeology from the National University of Ireland, Galway in He worked for two years in Ireland as an archaeological fieldwork supervisor on several largescale infrastructure schemes in Ireland including the N8 Fermoy/Mitchelstown road scheme, the N18 Gort/ Crusheen road scheme and the A4/A5 Dungannon/Ballygawley road project. In 2008/2009 Diarmuid worked as a heritage consultant on the route determination and cultural heritage assessment of the EIA for the A5 Derry to/ballygawley motorway scheme. In 2009 Diarmuid joined Cotswold Archaeology where he worked as a fieldwork supervisor and heritage consultant on a wide variety of fieldwork and consultancy projects for gas pipelines, road and railway infrastructure projects, windfarms, solar farms, housing and retail developments. Since joining ADAS as an Archaeology Consultant in 2012 Diarmuid has produced numerous historic environment deskbased assessments, heritage statements and cultural heritage chapters for Environmental Statements and EIA reports for residential developments and renewable energy schemes (windfarms, solar farms and agricultural anaerobic digestion plants) in England, Wales and Scotland. He has also delivered cultural heritage constraints reports for large numbers of linear utilities schemes across England and Wales. Diarmuid recently carried out the large-scale cultural heritage baseline assessment of the Great Western Railway Electrification Project. Diarmuid was also a key member of the project team which evaluated the effectiveness of the Natural England Environmental Stewardship Scheme for historic building conservation, including both maintenance and restoration options. Diarmuid is an expert in assessing the impacts of development proposals on buried archaeology, historic buildings and historic landscapes. His key services include: Desk-based assessments Heritage statements Cultural heritage chapters for EIAs Listed building and scheduled monument consents Historic building assessments and advice Archaeological mitigation strategies Written Schemes of Investigation Design and management archaeological fieldwork projects including excavation, evaluation and mitigation strategies, budget control, management of sub-contractors and consultation between clients, contractors and curators CPD training workshops Expert witness services Contact: diarmuid.oseaneachain@adas.co.uk Tel: Andrew Brown Archaeological Consultant Andrew is an Archaeological Consultant with over ten years experience working in the commercial archaeology sector. He has an MSc in Forensic Archaeology and Crime Scene Investigation with a focus in producing forensic search strategies and forensic entomology. He has previously worked for Museum of London Archaeology and Oxford Archaeology and was part of the forensic team which recovered the remains of 250 Australian soldiers from the World War I Battlefield of Fromelles in Andrew has an extensive knowledge of both rural and urban archaeological fieldwork practice in the UK and has worked in several other countries including France, Australia and the Republic of Ireland. Andrew has also been involved with a project to undertake archaeological fieldwork and train students in Barbados in 2011 with the University of Winchester. In his previous role working for CFA Archaeology Andrew acted as an archaeological clerk of works, advising clients on appropriate archaeological mitigation strategies for various projects across Scotland. His current role is to work flexibly on a range of archaeological consultancy contracts for corporate and government clients. A key part of this work involves producing archaeological constraint reports and historic environment desk-based assessments for clients to support planning applications for new development schemes. Andrew also has strong technical skills, with a sound working knowledge of software programmes including ArchGIS and AutoCad. Andrew s key services include: Desk-based assessments Archaeological mitigation strategies Written schemes of investigation Project management of archaeological fieldwork projects Forensic archaeology Contact: andrew.brown@adas.co.uk Tel: Page 2

3 Above: Photomontages included in the LVIA showing what the scheme would look like upon completion and after the proposed planting has established. ADAS secures planning consent for a large scale solar park on the edge of the Lincolnshire Wolds A commercial solar park to be located close to Grimsby and the Lincolnshire Wolds Area of Outstanding Natural Beauty (AONB), was granted planning consent on the 7th of October The scheme will comprise 85,000 panels on 31 ha of land, and will generate up to 21 MW of energy, enough to power 6000 homes. ADAS planning, landscape, cultural heritage and ecology teams provided advice for the successful application. The scheme has been put forward by Island Green Power (IGP) who commissioned ADAS to provide advice on planning, landscape, cultural heritage, and ecology. The planning application was submitted in May 2015, and ADAS facilitated negotiations between North East Lincolnshire Council and IGP regarding the scheme. ADAS dealt with a number of potential constraints on site, including the assessment of any cumulative impacts of the proposed scheme, with the consented Solar PV scheme on land to the west of the site. The planning team acted as the agent for the planning application and produced the planning statement, design and access statement and statement of community engagement. They acted as co-ordinator for the design teams ensuring a harmonious approach across the disciplines. Their co-ordinated approach dealt successfully with the main issues including the assessment of any cumulative impacts, and providing an appropriate landscape scheme. A landscape and visual impact assessment (LVIA) dealt with any potential visual impacts from the AONB to the south-west of the site, Public Rights of Way (PRoW) and surrounding landscape. The LVIA included photomontages showing what the scheme would look like upon completion and after proposed planting several years later. Landscape mitigation proposals included the retention of the PRoW running through the site, with hedgerow and tree planting creating a green lane. ADAS archaeology consultants produced a Historic Environment Desk-based Assessment which included detailed analysis of the potential impacts of the scheme on the settings of designated heritage assets in the surrounding landscape. ADAS archaeologists also assessed the buried archaeology potential of the site, and provided pragmatic advice on how any development impacts to buried archaeology could be avoided or mitigated. The planning, cultural heritage and landscape teams worked closely on the setting assessments for the Conservation Areas ensuring a consistent approach was undertaken. The ecology team prepared an Extended Phase 1 Habitat Survey and Protected Species assessment for the scheme. The assessment included a review of the potential impacts on amphibians, badgers, bats, dormice, nesting birds, otters, reptiles and water voles and the nearby Humber Estuary (SSSI/ SPA/SAC and Ramsar site). The Estuary supports internationally important numbers of wintering and passage waterfowl and waders, including Golden Plover, Lapwing and Curlew. These species, in particular, may use agricultural fields at some distance from the estuary for feeding and roosting at high tide; any such fields such as the site could therefore be considered to be functionally linked to the Humber Estuary. The report provided recommendations that the proposed development would not result in any significant adverse ecological impacts, indeed the mitigation proposals would have a significant beneficial impact on biodiversity and provide a green corridor which would link into the adjoining solar site s landscape scheme. This solar park scheme is an excellent example of how the ADAS multi-disciplinary approach resolved the concerns of the Council and ensured a successful outcome through our proactive approach. The Case Officer was impressed at the quality of the planning submission and the depth of the supporting information which made the decision-making process easier. Page 3

4 This consented scheme will not only deliver clean energy to thousands of homes, but will also result in substantial benefits to wildlife and the character of the local landscape through native wildflower, hedgerow and tree planting. Landscape Consultant Rural Planning Conference We were pleased to support the Rural Planning Conference organised by the British Institute of Agricultural Consultants (BIAC) sponsored by Thrings Solicitors. The conference was attended by Geoff Fairfoull (Senior Equine Consultant). Geoff s involvement in planning stems from undertaking planning appraisal in respect of equestrian development for applicants/appellants and Local Planning Authorities. Alex Madden, Partner and Head of Planning at Thrings, gave an amusing insight into what to do, and more importantly, what not do-do, when the enforcement officer calls. Hugh Flanaghan, Francis Taylor Building Chambers, provided his view of the Planning Appeal and what measures you can take to improve your chances of a successful outcome at appeal. Planning Fees Fairness for Rural Communities The most recent analysis undertaken by the Local Government Association (LGA) has shown local communities to be picking up the bill for processing planning applications. The research suggests that Councils have spent 450 million over the past three years plugging the gap between the cash raised by application fees and the actual cost of determining applications. Locally-set fees would also allow councils to protect residents from hiked fees while developers and house builders could pay more to improve the ability of councils to speed up the planning process and maintain high-quality planning decisions. In an era where cash-strapped Planning Departments are already being stretched beyond capacity, could locally set planning fees offer a solution to the problem? Whilst higher fees would certainly help the metropolitan conurbations to recover some of the big costs associated with determining large and contentious applications, ADAS believes that in rural environments any increase in locally set planning fees could prove a serious constraint for rural diversification and the economic prosperity of rural communities. De-centralisation of fees also raises the prospect of different authorities using the fee regime as a competitive instrument to incentivise or dissuade certain forms of development from locating in their districts, effectively creating a postcode lottery of how much applicants pay for similar development proposals in different parts of the country. Whilst the NPPF clearly supports a prosperous rural economy, it is our experience that the cost of planning, and the risk which this entails, frequently act as a barrier to entrepreneurial landowners, businesses and communities wishing to promote small-scale diversification projects. This is particularly so with small businesses, often the least able to risk the funds required to gain planning. Clearly any increase to planning fees, however well-intentioned, will increase these barriers, likely resulting in fewer proposals coming forward and a less diverse and prosperous countryside. ADAS, therefore, supports a review of the planning fee regime which puts fairness at the heart of fee schedules, allowing authorities to recoup costs, but avoiding presenting unrealistic cost barriers to applicants of smaller-scale developments. A fair and balanced fee regime may well provide the final motivation for rural residents and businesses to appeal to their entrepreneurial side and take the plunge on the projects they have been deliberating on for years. Increasing scope in fees, combined with support for expanding agricultural permitted development rights, whilst only small initiatives, may finally kick start the drive to delivering our prosperous rural economy. chris.tinsley@adas.co.uk Planning Consultant The LGA, which represents more than 370 councils in England and Wales, is urging central government to free them from having to divert limited resources away from vital services, by allowing councils to set their own planning fees as part of the Spending Review by Government later this year. The LGA has called on Chancellor George Osborne to use the Spending Review to empower councils to set their own fees. This comes after a British Property Federation survey found around twothirds of private sector members would be willing to pay increased fees to support an effective planning service. LGA Housing Spokesman Cllr Peter Box said; Page 4

5 Health & Safety in the Horse Racing & Breeding Industry The Expert Witness Directory s robust vetting procedure means that you can rest assured that all the experts featured on Legal Hub are dependable and reliable and that now, with over 2,500 experts listed, it is the most comprehensive database of expert witnesses available. Thomson Reuters In addition to the Expert Witness Directory, Thomsen Reuters also publish The Bar Directory, In-house Lawyers Directory and Top Legal Employers. ADAS Website The British Horseracing Authority (BHA), the Thoroughbred Breeders Association (TBA) and Taylor Vinters Solicitors produce a guide, commonly known as the Red Book or, more correctly titled, the Guide to Health and Safety in the British Racing and Breeding Industry. The aim of the guide is to help the Racing and Breeding Industry meet the requirements of Health and Safety law as well as incorporating good practice and procedures. The ADAS website provides information on the range of services offered by ADAS, examples of client projects and news and views on topics that affect farming and the environment. Check out the website at and register your details to start receiving news updates directly to your inbox. ADAS Expert Witness Whilst Health and Safety laws can be seen as restrictive, the cost of not having these provisions in place can be severe with serious and fatal accidents being far too frequent. Not only do accidents give rise to personal tragedies, there is a direct cost to the business through prosecution, absenteeism and increased insurance premiums. The Red Book helps identify the standards that businesses need to achieve what is reasonably practicable, or, in other words, the measures that are appropriate and in proportion to the size and type of business. The Red Book is available on-line from the BHA, TBA and NTF The Red Book is my first point of reference when I am instructed in a personal injury claim arising from horses within racing and breeding. The guide provides a basis for assessing good practice and procedures, with the benefit that the guidance it contains has been endorsed by all of the principle racing and breeding industry governing and representative bodies in the UK geoffrey.fairfoull@adas.co.uk Senior Equine Consultant The Expert Witness Directory 2016 ADAS are again pleased to have an entry in the 2016 Expert Witness Directory under Agricultural and Environmental Consultants. A directory search shows that ADAS are: The only company with an equine expert; Only 1 of 3 companies with horticultural expertise; Only 1 of 14 companies with environmental expertise; Only 1 of 20 companies with agricultural expertise; The only company listed with all of this expertise. Our expert witness capability extends to over 100 experts, operating in 80 specialist areas with membership of over 30 professional bodies. All our experts are experienced consultants who are actively practicing within their particular specialism. Our experts can offer practical experience along with scientific rigour and independence to ensure that the best possible expert advice is available. For further information please visit our website or contact Geoff Fairfoull: ADAS UK Ltd 11D Park House Milton Park Milton Abingdon OX14 4RS geoffrey.fairfoull@adas.co.uk Mobile: The next issue of Expert Digest will be available February 2016 Page 5