CPRE Oxfordshire: The Battle for Radley Lakes (Thrupp Lake)

28th February 2008: Battle to save Radley Lake goes on

Radley Parish Council is pushing ahead with its fight for town green status for Thrupp and Bullfield lakes despite RWE npower suspending its dumping plans. A survey of Radley residents found that 80 per cent of those who replied supported the move to seek a judicial review of the county council decision.

Campaigners fighting the dumping plans suffered a blow when their bid to get the area awarded town green status was rejected.

If the parish loses, it faces a £40,000 bill which campaign group Save Radley Lakes is currently fundraising for.
Parish council chairman Jennie Standen said: "The statement that npower put out was great but it was only deferral. It doesn't mean that they have cancelled their plans - they could come back at any time should they find that their recycling is inadequate to do with output.’

She continued: ‘We still feel that the lakes need the protection of becoming a town green so we would still like to go ahead. We are absolutely certain, having taken legal advice, that there were errors in the inspector's report. We feel it did not reflect the evidence that was given and we do wish to contest the decision.’

Oxford Mail 29th February: http://tinyurl.com/3x2e5f

This move has been welcomed by supporters of Save Radley Lakes who would now like to direct their efforts to helping secure the proper restoration of the whole area.

The court action could take as long as two years to wend its way through the processes which such an action entails.

18 February 2008: RWE npower announce decision to defer plans to fill Thrupp Lake

In a press release issued on 18 February, RWE npower announced its decision to defer plans to fill Thrupp Lake. This decision came just days after Save Radley Lakes launched a public appeal to raise funds to support further legal action to protect Thrupp Lake from being turned into an ash dump. More than £4,000 was raised at the event at the Guildhall, in Abingdon on 9 February. About 200 people including MP Dr Evan Harris and prospective parliamentary candidates from the Conservative, Labour and Green parties, showed their support. Helena Whall, Campaign Manager for CPRE Oxfordshire also spoke at the meeting.

RWE npower says that the recent successes of its ash recycling and reuse programme have meant the Thrupp Lake scheme is not needed in the short term. Recently npower has secured new contracts to recycle the Didcot ash for use in industry, including road-building projects. Other factors have also contributed to the deferral. Milder weather conditions over two successive winters have resulted in less power than normal being generated at Didcot, which has in turn reduced the amount of ash produced on site. Changing energy market conditions may also mean a more evenly-distributed rate of coal ash production in the run up to the Station’s closure, due by the end of 2015, making the volumes more manageable.

John Rainford, Manager of Didcot Power Station said: ‘This is good news. We have always worked very hard to find the best ash solutions and we’ll continue to do so. As a result of our efforts we’ve managed to take advantage of a stronger market for ash re-use. This means we are now able to put the use of Thrupp Lake on hold for the time being.’

RWE npower's press release at: http://tinyurl.com/2gpslv

Roger Thomas of SRL told the Oxford Mail, 19 February: ‘We're very pleased that npower can dispose of its ash elsewhere in the short term and we hope this will allow them time to find alternative solutions for the longer term so they will not have to use the lake at all. We look forward to working with npower to secure the future of Thrupp Lake as a wildlife reserve and public amenity as it has been for so many years.’

However, John Rainford, manager of Didcot Power Station, refused to be drawn on the long-term future of the lake. He said: ‘We take our environmental responsibilities very seriously and we will always look for opportunities to minimise the impact of what we do. We will keep the situation under constant review, but we won't be progressing immediately with the construction work that would be required before ash disposal could commence on site. It's still too early to say whether we can avoid having to use Thrupp Lake before the station's closure, but we will of course keep the local community up to date on developments.’

MP Evan Harris, who has supported the campaign, said: ‘I'm delighted at this news as will be my constituents who love the lakes as a local beauty spot. Save Radley Lakes deserve huge praise for its campaign, which not only opposed the plan to fill the lakes but did fantastic work pointing out less environmentally damaging alternatives.’
In a press release ‘What Future for Radley Lakes?’, Dr Helena Whall, Campaign Manager for CPRE Oxfordshire said: ‘We are very pleased with the news, as will be all of those who love the lake as a local beauty spot. We are glad npower has recognised they can recycle the ash in the short-term. It’s something we have said all along they can do. But we want assurances the lake will never be used as a dump before the power station closes in 2015.’.

14 January 2008: Save Radley Lakes appeals against decision with support of local MP Evan Harris

Three months after an Oxford County Council appointed Inspector rejected the case for Bullfield and Thrupp Lakes to be registered as a Town Green, Oxford County Council finally accepted the Inspector’s recommendation on 14 January and rejected an application to register Radley Lakes with Town Green status.

It was a bitter blow to campaigners, many of whom demonstrated outside County Hall before the meeting, but not an unexpected one. The campaign group Save Radley Lakes announced on the day of the decision that they would take the battle to save Radley Lakes to the High Court.

Basil Crowley, chairman of Save Radley Lakes said ‘Oxfordshire County Councillors have shown their true colours today. They had a free choice whether or not to protect the Lakes, and they voted not to.’

The prospective Conservative parliamentary candidate for Abingdon and West Oxford, Nicola Blackwood, who was among the demonstrators, said, ‘Thrupp Lake has become a stunning area of natural beauty and I think we should explore every possible solution before we deprive the people of Radley and Abingdon of its benefits.’

Dr Evan Harris, MP for Abingdon and West Oxford, expressed his strong support for the application and urged campaigners to appeal if the County Council decided to reject the application. He has offered his full personal support for any such action.

John Rainford, manager of Didcot Power Station, operated by RWE npower, told the Abingdon Herald: ‘We are pleased that the application for Thrupp Lake has finally been rejected. The delays have not significantly affected generation at Didcot because of the unexpected buoyancy of the ash recycling market, coupled with the fact that in 2007 less power generation was needed at Didcot due to weather conditions. However, securing the option of being able to use and later restore Thrupp Lake was essential. We're now reviewing the timetable’.

CPRE Oxfordshire will continue to support SRL in its endeavour to prevent RWE npower from unnecessarily filling one of the lakes with fly ash and encouraging it to find an alternative disposal site for the waste ash. SRL and CPRE Oxfordshire trust that RWE npower will not undertake any further works at the site until the matter is finally settled in the courts.

More information at www.saveradleylakes.org.uk

16 October: Town Green Status Rejected

"Devastated at the result, devastated at the destruction that will now hit Thrupp Lake." Radley Lakes is refused Town Green status
Campaigners Jo Cartmell, Andy Boddington and Basil Crowley, and npower spokesman Leon Flexman, spoke to Radio Oxford about the recommendation (recording)
Analysis and comment on the judgement
A guide to the Radley Lakes controversy in ten uneasy steps

The final decision on Town Green status will be made by the County Council Planning and Regulation Committee on Monday 26 November 2007. It is expected that it will accept the recommendation of the Inspector.

Select Recent Press Coverage

Independent. Chris Goodhall tackled RWE npower in The Independent. "Other power station owners have begun to accept that burning coal and landfilling the resulting ash are not compatible with a responsible stance on climate change. E.ON managed to recycle 93 per cent of its ash last year. Scottish Power's ash marketing subsidiary has won awards for its innovative construction products made from power station waste. Tens of thousands of homes will be built in the area round the station in the next decade. If npower was really trying to behave sustainably, Didcot ash should be helping to build the walls and floors of these homes. Full recycling of Didcot's waste might save around half a million tons of CO2 each year. Householders are entitled to ask why they should bother to recycle their own waste, or cut their emissions, when Oxfordshire's largest polluter continues to avoid its obligations." 30 September 2007.

Financial Times. Harry Eyres toured Radley Lakes for the Financial Times. "The Save Radley Lakes campaigners... are in the great tradition of those in these islands who have stood up to defend their rights against the interests of domineering power and property—from the 17th-century Levellers to the Chartists and the Suffragettes... Celebrate Britain, land of the awkward squad!" 25 August 2007.

22 June 2007: Town Green Hearing Ends

The seven-day inquiry, which began in April has now ended. The legal teams for Save Radley Lakes and RWE npower will now submit closing statements to planning inspector Vivian Chapman in writing. He will then write a report recommending whether all—or part—of the site should be designated as a town or village green. The findings will be sent to Oxfordshire County Council, whose Planning & Regulation Committee will then make a final decision on the application. This is the Committee that originally agreed to Thrupp Lake being destroyed with dumped fly ash. The decision is expected at the September or October meeting.

31 May 2007: The Radley Cygnets

The Radley Swans have become an icon of the battle to save Radley Lakes. Early in 2007, RWE npower destroyed their nest on an island in Thrupp Lake. That's quite legal. The swans had not yet begun to nest. But it’s a bit like going away for a winter holiday and finding your home demolished when you return. The swans moved to the footpath between the two lakes and have fiercely defended their territory since. In mid-May, the Radley Swans hatched three cygnets. And here they are...

3 May 2007: CPRE open letter calling on RWE npower to halt work

26 April, John Rainford, Manager of Didcot A Power Station wrote an open letter setting our his case for the destruction of Thrupp Lake at Radley. CPRE Oxfordshire has replied in an open letter published in today's Oxford Mail, tomorrow's Oxford Times and Saturday's Oxford Mail. In the letter, Andy Boddington said to Mr Rainford:

CPRE calls on you to guarantee to halt all work at Thrupp Lake until the Town Green case is determined.

We also ask you to take a further step. The RWE Group has in recent years begun to build a reputation for generating energy in an environmentally friendly way. We ask you to add to this reputation by recycling all Didcot fly-ash and to allow Radley Lakes to be preserved for the benefit of the communities of Abingdon and Radley. If you are able to make this decision, CPRE Oxfordshire is willing to work closely with you to secure a future for Thrupp and Bullfield Lakes.

18 April 2007: RWE npower injunction against "Radley Lakes Six" extended

At the Royal Courts of Justice today, Mr Justice Teare decided that the injunction against six protesters at Radley Lakes will continue, but will be amended to be less restrictive. Details of the revised injunction will be given in a written judgements in a few days times once lawayers for the two sides have reached agreement. A date for a full hearing has yet to be set, but will not be until June at the earliest. The injunction was obtained by RWE npower under the Protection from Harassment Act of 1997, and has been widely criticised as excessive in its scope and oppressive in the way it limits press coverage of RWE npower's operations at Radley Lakes. The injunction applies to five ecowarriors (known as the "Sandals squatters") and Dr Peter Harbour of Save Radley Lakes.

Lake protesters lose court battle. Oxford Mail 18 April

Will RWE npower destroy Trupp Lake before the inquiry ends?

Major works at Thrupp Lake have been halted until the end of the nesting season, which is around mid-August. However, the Town Green inquiry may possibly continue beyond that date, leading to the possibility that RWE npower could drain Thrupp Lake and begin to fill it before a decision is made. RWE npower have not given any assurance that they not recommence work until a decision is made. They have planning permission and can go ahead as soon as birds finish nesting. This would, as the Oxford Mail said, "make a mockery of holding the inquiry, and would be interpreted as treating the hosts of objectors — and the inquiry inspector — with contempt."

Andy Boddington for CPRE said: "RWE npower should immediately promise to stop all work at Thrupp Lake until the inquiry has reached a decision. It is only fair that the people of Radley and Abingdon have time to present their case for Radley Lakes being a Town Green."

Oxford Mail joins calls for npower to halt work until Town Green Status is decided for Radley Lakes
Oxford Mail: Lake protesters keep up pressure

The Town Green Inquiry

The Town Green inquiry has adjourned after four days of detailed evidence. The adjournment means that the decision on Town Green status is delayed until at least mid-September. Meanwhile, npower are continuing preparatory works. It now seems possible that as soon as the nesting season is over, and npower gets the necessary licences, it will dewater, line and fill the lake. Save Radley Lakes' lawyer sought a reassurance that npower would not proceed with this work while the hearing continued. RWE npower's lawyer declined to give this assurance.

The inquiry re-convenes on Wednesday 20th June 2007 at 11.00am in the New Pavillion, Radley College, Radley.

Statement by CPRE to the Town Green inquiry
More on the Town Green Inquiry
Radley Village blog on the inquiry
Radley Swan satirical blog in The Ecologist

Radley Lakes

Radley Lakes is a community and environmental resource. Thrupp Lake, the subject of the current battle, is 30-acre lake, bristling with wildlife, surrounded by mature trees and studded with islands on birds nest.

The lakes are species rich, including 15 Biodiversity Action Plan species. They have County Wildlife Status. Despite this, the owners of Didcot Power Station, npower plans to infill the largest surviving lake with fly ash. This material can be recycled, but it requires extra investment. It could be dumped in a less environmentally sensitive site, but that will cost more. Oxfordshire County Council awarded planning permission for the tipping despite the site being a County Wildlife Site, despite the tipping breeching the local plan. The Communities Secretary, Ruth Kelly, declined to intervene.

Work is underway by Save Radley Lakes and CPRE Oxfordshire to the get Thrupp and Bullfield Lakes declared a Town Green. The Lakes are a gentle place (though the gravel and tipping environment around them is harsh). They are well worth a visit but do it soon (map).

Meanwhile, RWE npower have begun to clear the trees on the lake but work has paused due to nesting birds.


Trupp Lake in September 2006	Thrupp Lake in November 2006 (Photo: Chris Brewer)

Thrupp Lake in March 2007	Thrupp Lake in March 2007 with injunction posted on a remaining tree

14 February 2007: The destruction of Thrupp Lake begins

On Wednesday, 14 February contractors began cutting down the trees around Thrupp Lake. We are told that this action is to allow the erection of a security fence. Andy Boddington from CPRE said:

This is a day to cry for Radley Lakes. We are calling on npower to halt this destruction until the application to designate Thrupp Lake as a Town Green is heard.

A wide-ranging injunction has been served on protestors by npower. It applies to anyone protesting about npower's action and has attracted widespread criticism as an infringement of civil liberties (Oxford Mail; George Monbiot in the Guardian).

Andy Boddington and Leon Flexman (npower) talk to Bill Hiene on Radio Oxford about the destruction of Radley Lakes (15 February)

Workmen clearing one of the islands on the lake	Workmen clearing the edge of the lake
Stumped	Axed: Swans used to nest here

Swans must now nest on the path

17 February 2007: Two hundred-and-fifty protest at npower actions


Residents of Radley and Abingdon listen to speeches (Photo: Basil Crowley)	Marchers at Radley

The march was organised by CPRE Oxfordshire on behalf of local communities and the Save Radley Lakes campaign. Despite less than one day's notice, 250 people with banners arrived to march two miles to the Lakes and to hear speeches. A second march two weeks later attracted 550 people.

Just some of the news on Radley Lakes

25 September. Campaigners dismayed at delayed Radley Lakes judgement
15 September. Cycle to Recycle: A Radley Lakes Protest
14 June. Friends of the Earth leader, Tony Juniper,says that RWE npower "is in the process putting in place damage to its reputation that will last a very long time indeed." The Guardian.
31 May. The Radley Cygnets
3 May. CPRE publishes open letter to John Rainford, Manager of Didcot A power station
18 April. Lake protesters lose court battle as injunction extended. Oxford Mail.
9 April. Oxford Mail: Lake protesters keep up pressure. Oxford Mail joins calls for npower to halt work
2 April. Npower's lawyer triggers cries of "rubbish", "nonsense" and "ridiculous". Oxford Mail.
2 April. CPRE says that the Forestry Commission is considering prosecuting RWE npower for tree felling at Radley Lakes. See also The Ecologist.
2 April. The public inquiry into Town Green status commences
31 March. Row over whether otters are present at the lakes. Oxford Mail.
21 March. "I'm trying to save my local lakes". 9 year-old Olivia tells the BBC why she launched a petition to save Radley Lakes.
20 March. Channel 4 News: Injunction stops power protest
13 March. No 10 electronic petition launched to save Radley Lakes
10 March. 550 people march to save Radley Lakes: The march and cycle protests from Abingdon and Oxford to Radley were a great success. 503 people marched from Abingdon and 36 cycled from Oxford. In all, nearly 550 people protested:
- Photographs
- Radio 4: The World Tonight 9 March interviewed protestors and MP Evan Harris (MP3 format)
9 March: "Coot calls halt to lake ash work". The Oxford Mail reports that a nesting coot will delay some of the work to prepare Thrupp Lake for fly ash tipping.
9 March. Letters from CPRE, Save Radley Lakes and others to The Guardian about the destruction of Radley Lakes (PDF)
8 March. Does the injunction apply to the press? Confusion continues.
6 March."The harassment law now being used against anti-dumping protesters in Oxfordshire is turning into the riot act of our day." George Monbiot in the Guardian.
14-17 February. The events of 14 to 17 February reviewed
17 February. Radley Lakes protest march
15 February. MP Evan Harris criticises npower's actions
15 February. Workmen begin to fell the trees around the lake and on the islands
14 February. Workmen employed by npower are beginning to prepare the Lake for dumping.
9 February. Save Radley Lakes hosted a public meeting to raise support for the Town Green application on at 8.00pm at Hadland Road Community Centre. CPRE's statement at the meeting.
12 January. Andy Boddington takes npower and Oxfordshire County Council to task in a letter to the Oxford Mail/Times.
November 2006. Oxford environmentalist Paul Kingsnorth takes a critical look at npower's proposals to dump fly ash from Didcot power station into Radley Lakes in The Ecologist. Includes information of the history of the Lakes.
17 October 2006. Ruth Kelly decides not to call the planning application in. Oxford Mail.
16 October 2006. Ruth Kelly letter refusing to call in the application.

Further Information

For views and news from other campaign groups, see the websites below: