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The Panel considered a report inviting it to recommend to Cabinet changes to Ferry
Marsh Nature Reserve, subject to approval of the capital programme for which Ferry
Marsh Nature Reserve is included.
Fiona Shipp, Parks, Countryside & Greening Operations Manager, attended the
meeting to present the report and assist the Panel with its enquiries. The Panel
heard that the Ferry Marsh Nature reserve was located next to the River Colne and
Wivenhoe. It was an area of land that Colchester City Council (the Council) had
taken control of in 1999 as a dry marsh area. Over time there had been a number of
flooding events at the site, and the pipe which led from the site out to the river Colne
had a tendency to become blocked by slit and frequently needed unblocking. The
Environment Agency used to manage this area and had unblocked the pipe
regularly, however, due to changes in the way the area was now managed the
Council was now responsible for keeping the pipe clear of debris. It was noticed that
as the site had become wetter more species had made it their home, and in 2010
work had been undertaken with Essex Wildlife Trust to manage ditches in the area to
try to improve the habitat of water voles there.
It was now proposed that the area was managed as a wetland marsh area by
installing water control measures on the site to allow the water level to be regulated
to maximise the benefit to the environment there. Additionally, the outlet pipe needed
to be extended into the river to reduce the amount of silt which accumulated in it and
increase the capacity to remove excess water from the area. As a consequence of
the increased water on the site, it was proposed that the public path through the
middle of the marsh be removed, although the path along the riverbank which
connected with the Wivenhoe Trail would continue to be maintained. A further small
path would be added from the Wivenhoe Trail to enable members of the public to
access the marsh to benefit from the environment that had been created, and a bird
screen would be erected there. It was considered that the Council was in a position
to have a really positive impact on the site which was already a Site of Special
Scientific Interest.
Officers acknowledged that the proposals would have an effect on local people and
visitors to the site, as access to the site would be altered. Because of this a
consultation had been carried out, with 217 people attending drop-in sessions held
locally, together with 170 responses to an online survey which had run for 6 weeks.
Of those who responded, 70% were in favour of supporting the biodiversity of the
site and modifying access to help achieve this, and 65% supported the
implementation of further water control measures.
The Panel was asked to make a recommendation to Cabinet that the works be
included in the Council’s Capital Programme so that the pipe could be extended to
enable management of the water levels on site. It was hoped that the other changes
which were proposed in the Officer’s report which was before the Panel would be
able to be funded from the site budget over the next few years.
Jane Black attended the meeting and addressed the Panel in accordance with the
Council’s Have Your Say! provisions. She stated that her views had been endorsed
by the Committee of the Wivenhoe Society, and she considered that there were 2
main issues, which were public access and the correct water level. When the Council
had acquired the site it had entered into a covenant which stated “the Council hereby
covenants with the transferers for the benefit of the remainder of the retained land as
follows: not to use the property otherwise than as public open space”. For well over a
decade the residents of the retained land and other people of lower Wivenhoe had
greatly enjoyed walking across the marsh which was part of a round walk including
the river wall. The marsh was the only space which was given as part of the housing
development on the old port, and was one of only two places in Wivenhoe where a
public path gave access to marshland. The Panel heard that the survey which had
been carried out did not ask whether the public supported the closure of the path
across Ferry Marsh, and it was considered that the proposed small loop was a poor
substitute for the previous path across the marsh. It was accepted that people and
dogs could disturb birds, but a compromise was needed, and it was suggested that
the main path should be retained with the requirement that all dogs remained on lead
in this area. A permanent repair of the sluice was required, and the maintenance of
water levels in the ditches was desirable, although there was concern that local
roads would flood if the water level ever rose above the level of the ditches.
The Parks, Countryside & Greening Operations Manager suggested that the
provision of public open space did not require that the same paths were constantly
maintained, and that the location of public access to the site had not been set. A
circular walk around the site would still be available, and the intention was not to
exclude people from the site, but rather to enhance it. As owners of the site, the
Council was under an obligation to manage it as a Site of Special Scientific Interest
and to try to improve it as far as possible. If the proposal was approved by Cabinet,
then an expert would be engaged to consider the water levels in the marsh to ensure
that these were at the correct level which would not cause any additional risk to the
surrounding area.
Jane Black summarised her position by saying that she did not consider that the
provisions of the covenant were satisfied by the provision of a small loop walk, and
thought that insufficient access to the site was being provided.
Rob Neve attended the meeting and addressed the Panel in accordance with the
Council’s Have Your Say! provisions. He had been a resident of Wivenhoe for 18
years, and for 14 of those years had enjoyed walking across the marsh. He
considered that repairing the sluice was essential and urgent work, but that any
additional expenditure on the site would be foolish and unnecessary. There were
concerns that if the area was flooded completely then nearby railway track could be
undermined, and Old Ferry Road had also flooded when the water levels in the
marsh had been raised. The path through the middle of the marsh should be re-opened, and dogs required to be on leads if necessary, but other than the repair of
the sluice, the area needed no other improvement.
The Parks, Countryside & Greening Operations Manager explained that the
proposals were intended to enhance the site, although it was accepted that not
everyone would agree with the project. Mr Neve confirmed that he did not agree with
the proposals, and a number of other people he was aware of did not agree either.
He considered that the right questions were not asked in the Council survey, and
asked that the Panel consider the budgetary implications of the proposed scheme in
the light of the financial pressures the Council was facing.
A Panel member considered that a balance had to be struck between maintaining
public access to the site in its current form, and enhancing biodiversity. The
enhancing of the biodiversity and the modification of public access was an
interesting way forward for the site and the proposal was a good one.
The Parks, Countryside & Greening Operations Manager clarified to the Panel that
the bird screen proposed would be a wooden screen which resembled the front of a
bird hide and which would provide an opportunity for members of the public to go
into the marsh and observe wildlife through the screen without disturbing it.
In discussion, the Panel expressed some concern about the covenant which had
been mentioned. It considered that it was essential that the existence and exact
terms of the covenant be confirmed to ensure that the Council’s proposals were not
in breach of this. Consideration was given to recommending the scheme to Cabinet
with the caveat that additional assurance was offered in respect of the covenant.
It was noted that the extension of the outlet pipe would cost in the region of £46,000
subject to the works being included within the Council’s Capital Programme. There
was some concern expressed about the budget implications of this additional
pressure, given the Council’s current financial position. It was explained to the Panel
that the Environment Agency had stopped maintaining the pipe because a new flood
barrage had been installed in the river Colne, and the work of the Agency had been
reduced in the area as a result of this. The Panel determined that more detailed
information on the cost of the works and possible sources of funding for this would
be very useful to consider. The Parks, Countryside & Greening Operations Manager
confirmed that the proposals for which cost had not specifically been identified in the
report were fairly low cost to implement and could be met out of the current site
budget. A detailed survey would be required on the site and the cost of this was
unknown at the present time.
The Panel recognised the concerns which had been raised by residents, and
wondered whether any alternative arrangements for the site had been submitted for
consultation. It was necessary to ensure that the proposals which had been put
forward were not carried out to the detriment of other existing open spaces. It was
clarified that there was no proposal being made at this time in respect of the Crown
Estate land at the location, as no decision had been taken to take on this piece of
land at the present time. Any such proposal would be the subject of public
consultation in the future. The river wall did form part of the walk around the site and
this was owned by the Council and would be maintained as part of the asset. There
were no issues with anti-social behaviour in the area.
The Panel Note that a number of additional queries had been raised in respect of the
project during the course of the debate, and indicated that it would be happy to
receive an amended report at its next meeting providing more information on the
points which had been raised. The Parks, Countryside & Greening Operations
Manager confirmed that such a delay in making any recommendation to Cabinet
would have no significant implications for the site, however, the repair of the sluice
gate and extension of the drainage pipe were the most urgent items of work to allow
flooding on the site to be managed.
Following further discussions, the Panel considered that the most effective way
forward was to recommend that the extension and repair work on the outlet pipe be
put forward to Cabinet with the recommendation that this work be included in the
Council’s Capital Programme, and the remaining information which had been
requested in relation to the site be resubmitted to the Panel at a time to be
determined by Officers.
RECOMMENDED TO Cabinet that:
- Work to extend the outfall pipe leading from the sluice at Ferry Marsh Nature
Reserve be included within Colchester City Council’s Capital Programme.
RESOLVED that:
- A further report be presented to the Environment and Sustainability Panel
containing additional detail in relation to:
- The covenant which was in place on the Ferry Marsh Nature Reserve,
and whether or not the proposed works would be in breach of this.
- Greater analysis of the cost elements of the proposal, and the source
of the funding for these elements
- Additional clarifying information in relation to the surveys which had
been carried out among local residents.