A local parish council has blasted a wildlife pond on a six-acre estate as ‘adversely changing’ the local landscape.
The pond was built without planning permission at Holme Wood Estate in Marlow, Buckinghamshire in November 2022.
Estate owner Mr A. Gerko appealed against an enforcement notice to put the land back as it was, but his case was dismissed in August 2023 and he has now submitted a retrospective planning application for the pond.
How large was the pond on the estate?
A 110m long, 50m wide and 3m deep pond with impervious liner (flexible plastic sheet) was installed on the man's estate.
The retrospective planning application stated: “The application site area is located outside of the defined residential curtilage of the main house and the works undertaken comprise the construction of the wildlife pond and associated earthworks and planting and biodiversity enhancements within the wider open countryside landscape."
A spokesperson for Medmenham Parish Council said: “As this development occurred without an ecology report, there is no existing baseline for the biodiversity of the area.
“It is possible that much of the flora and fauna that was present years ago has disappeared, which would have affected a baseline based on present findings.
“The development of the lake has resulted in a change to the landscape of this part of the Chiltern AONB that has not enhanced or benefited the area but has caused adverse changes that will permanently (impact) the landscape.”
Why did the pond need planning permission?
The Buckinghamshire Council planning enforcement notice said: “In the opinion of the Local Planning Authority, the pond/lake, by reason of its size, layout, nature of use and the design, results in an incongruous form of development which fails to conserve or enhance the Chilterns Area of Outstanding Natural Beauty.
“The development has resulted in a permanent and adverse change to the landscape character of this part of the Chilterns AONB, which is visible, in part, in views from all surrounding areas of the site.”
Garden ponds do not usually require planning permission, however, it is worth checking this with your local authority. The Freshwater Habitats Trust states: “The creation of a pond by machinery is considered an engineering operation under the Town and Country Planning Act 1990.
"Even if your proposed scheme only includes a small and shallow pond, it may be defined as an engineering operation which could require planning permission – it will depend on your planning authority.”
Homeowner decided to fight the decision
Mr Gerko has now applied for retrospective planning for the pond. A senior consultant for LDA Design, acting on his behalf, claims the pond “sits comfortably within its context” and has imposed “no adverse change (on) the landscape character”.
They add: “(An) ecological study did not return any records of protected species from within the site and based on the previous condition as largely poor semi-improved grassland, it was unlikely to support notable species.
“(We) uphold the view that ponds are a natural feature of the surrounding landscape and the Chiltern AONB, and (that) the area is lacking in water sources for biodiversity.”
