Submission from Simon Thackray

To the Planning Inspector Mr David M H Rose and interested parties (including LPA).
7 January 2026

Copy of the submission sent to Beth Evans of Freeths on 9 January 2026

Appeal Reference: APP/U2750/W/25/3371863
Planning Application ZE24/01683/MOUT re Land off Rainbow Lane, Malton, North Yorkshire for 200 houses.

Supporting documents listed below relate to Simon Thackray’s submission to the Planning Inspector (those not available on the Planning Portal).

Yorkshire Water EDM data (sewage spill data) ‘sifted’ for Malton, Norton and Old Malton: https/www.visitmaltonsewer.co.uk/yorkshire-water/

Complete 2024 EDM data for all water companies is available here: https://www.gov.uk/government/news/environment-agency-storm-overflow-spill-data-for-2024 – slide the tab on the bottom bar to Yorkshire Water. You can check my figures!

Yorkshire Water EIR responses to Simon Thackray of 1 and 27 October 2025 below re capacity of the Malton sewerage system. Or you can access the Yorkshire Water Environmental Disclosure data log direct (see PIERs 126 and 139).

[NB: A brief explanation of the two EIR responses below (fact checked with Yorkshire Water). The Malton sewerage system has some spare biological capacity (see EIR 126) but critically, NO hydraulic capacity (see EIR 139). In simple terms the system has some capacity to treat sewage once it arrives at the STW, but no capacity in the sewer network or pumping stations to convey the sewage to the STW. i.e. No way of getting it there until the hydraulic capacity of the system has been massively upgraded (estimated delivery of capacity upgrade 2035). The Malton sewerage system is unable to convey the volume of sewage produced by the current population of the towns, let alone add more. See letter from Yorkshire Water below to the Ryedale District Council Head of Planning dated September 2010. There has been no increase in the hydraulic capacity of the Malton sewerage system since 2010. Hence the excessive number of sewage spills into the River Derwent].

From: EIR Compliance DIRECT LINK
To:
Subject: 20251001 – EIE – Data Supplied
Date: 01 October 2025 14:50:00
Reference Number: EIR 126
Dear
We refer to your request for information submitted to Yorkshire Water dated 22 August 2025:
“What improvements and upgrades have been carried out by Yorkshire Water at its waste water treatment works in Malton since 2010? Improvements made with or without planning permission?”
Please accept our apologies for the delay in responding to you request, included with this email is our response to your request.
The local authority planning records for all works that require planning permission are public record and can be readily accessed via: https://planningregister.ryedale.gov.uk/caonline-applications/ by entering in the keyword ‘Malton Sewage Treatment Works, Malton Waste Water Treatments Works’ you will be able to see the works that required planning permission. The council records cover the period of your request from 2010 to present, there records also extend prior to 2010. Yorkshire Water has extensive permitted development rights on operational sites and the majority of the work is done as a matter of course, where planning permission is required you will be able to access this information publicly as detailed above.
The main increase in treatment capacity over the last 15 years is the installation of a new tertiary Mobile Bed Bio Reactor (MBBR) to address issues we had with ammonia removal. The works has an ammonia permit level of 11 mg/l. In the last 12 months, the average ammonia level of the final effluent discharged is 0.98 mg/l this is less than 10% of the permitted level. The majority of these results are actually below the analytical limit of detection (0.5 mg/l). Similarly for Biochemical Oxygen Demand (BOD) the permit level is 25 mg/l and average for this calendar year is 7.9 mg/l, or less than a third of the permitted level. In terms of biological treatment capacity the works has significant capacity.
We trust that the provision of this data satisfies your request. In accordance with the Environmental Information Regulations 2004, if you are not satisfied with this reply to your request you can ask for an internal review. A request for an internal review must be submitted within 40 working days by contacting the Data Protection Team.
Thank you for contacting Yorkshire Water.
Yours sincerely,
Data Protection Team
Email:

From: EIR Compliance (DIRECT LINK)
To: Simon Thackray
Subject: 20251027 – EIR – Data Supplied
Date: 27 October 2025 16:04:00
Reference Number: EIR 139
Dear
We refer to your request for information submitted to Yorkshire Water dated 1 October 2025:
“On reflection, it appears I asked the wrong question. I should have asked if the capacity of the Malton sewerage system has been increased since 2010.Given the amount of sewage spilling into the River Derwent, I think the answer is no.”
Included with this email is our response. We have reviewed the network scheme’s and in terms of network capacity increases since 2010 there has been one which was undertaken on the Storm Spills Reduction Programme. We have installed 343m3 of storage between the Welham Road North CSO and Malton Norton SPS, this is for the reduction in spills during wet weather, but it will also have positive benefit for issues in dry weather and pump/power loss as the storage would be utilised, this work was completed in 2025.
We also have investigation works ongoing at Malton Holme Field CSO as part of the AMP8 programme to understand what work is required to meet our spill reduction drivers, this may include some form of storage, but we cannot confirm at this time as we do not have any defined outputs from this investigation.

The hydraulic capacity, the permitted flow to full treatment has not been increased by the Environment Agency since 2010.

We trust that the provision of this data satisfies your request. In accordance with the Environmental Information Regulations 2004, if you are not satisfied with this reply to your request you can ask for an internal review. A request for an internal review must be submitted within 40 working days by contacting the Data Protection Team.
Thank you for contacting Yorkshire Water.
Yours sincerely,
Data Protection Team
Email:

[ENDS]

Letter from Stephanie Walden to Ryedale District Council, 13 September 2010. States no capacity in Malton Waste Water Treatment Works to treat the foul waste. Grampian Condition requested. Planning permission granted with occupancy condition but ignored by all. Hence the volume of sewage entering the River Derwent.

Video of sewage pollution of the River Derwent c/o Yorkshire Water, Norton, Malton. Yorkshire Water pumping raw sewage into the River Derwent SSSI, Norton on Derwent, Malton, 13 December 2024.

Footage shows sewage being discharged into the River Derwent and detritus (used sanitary towels, condoms, toilet paper) suspended on the riverbank. It is important to understand that this polluting activity is the modus-operandi of Yorkshire Water, North Yorkshire Council and the Environment Agency – the pumping plan. This is not an emergency response it is a carefully planned and permanently engineered response. Portable pumps are attached to permanent pipework that is installed under the road, and under the railway line, to pump raw sewage directly in the river. The discharge outlet has no EA permit. Even the contents of the North Yorkshire Council-maintained public conveniences on Church Street, Norton are being propelled directly into the river.