Construction of irrigation reservoir and associated conservation areas.

In accordance with the Standards Board Code of Conduct, Councillor JG Jarvis, the local ward member who had declared a prejudicial interest in respect of the application, addressed the sub-committee in support of the application prior to leaving the chamber for the ensuing debate and vote.

 

The Principal Planning Officer (Minerals and Waste) advised members of ammendments to condition 6 and 7 of the recommendation. She added that conditions 4 and 5 would need to include a requirement for boundary treatment for the Public Right of Way in the interests of public safety. Finally she advised Members that condition 10 would restrict the approved use of the lakes to Agriculture and Conservation only. Recreational uses would not be permitted, unless a specific planning permission had been granted. Full details of these updates were contained within the updates sheet circulated at the meeting.

 

In accordance with the criteria for public speaking Mr Drummand, the applicant, spoke in support of the application.

 

Councillor RH Smith thanked the Officer for producing a detailed and thorough report. He added that the applicant had taken great care with the application and had appeared to have worked in conjunction with the planning team, he therefore supported the application and moved the recommendation.

 

Members discussed the application and concured with Councillor Smith’s comments in respect of the quality of the report. They felt that the only area of concern in respect of the application related to landscaping and tree planting. They felt that a long term landscaping programme was required.

 

In response to the comments raised in repsect of landscaping, the Principal Planning Officer (Minerals and Waste) confirmed that she would be requesting a 10 year landscape management plan.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1          A01 (Time limit for commencement (full permission) )

 

Reason: Required to be imposed by Section 91 of the Town and Country Planning Act 1990.

 

2          B01 (Development in accordance with the approved plans )

 

Reason. To ensure adherence to the approved plans in the interests of a satisfactory form of development and to comply with Policy DR1 of Herefordshire Unitary Development Plan.

 

3          E01 (Site investigation - archaeology )

 

Reason: To ensure the archaeological interest of the site is recorded and to comply with the requirements of Policies ARCH1, ARCH5 and ARCH6 of Herefordshire Unitary Development Plan 2007.

 

4          G09 (Details of Boundary treatments )

 

Reason: In the interests of visual amenity, and the safety of users of the Public Right of Way, in accordance with policies DR1, DR2 and T6 of the Herefordshire Unitary Development Plan 2007.

 

5          G12 (Hedgerow planting )

 

Reason: In order to maintain the visual amenity of the area and to comply with Policy LA6 of Herefordshire Unitary Development Plan.

 

6          No development shall take place until a habitat enhancement and biodiversity management scheme, based on the findings and recommendations of the submitted Ecological Report and in consultation with the Council's Planning Ecologist, Natural England and the Herefordshire Nature Trust, has been submitted to and approved in writing by the local planning authority. The scheme shall include in particular:

 

i)          Provision for further surveys as necessary, by a suitably qualified person, prior to and during each phase of development;

ii)         Measures to safeguard any identified protected species and their habitats, including badgers, particularly during the construction period;

iii)        Specific proposals for wildlife habitat creation or enhancement through planting and landform, and future management of these measures;

iv)        Full details of a long-term Management Scheme for identified and specified areas of the site, to be agreed with and implemented by the Herefordshire Nature Trust or equivalent successor organisation for a specified period of time, including the start date;

v)         Measures to protect and maintain all significant areas of peat within the site including mitigation measures for taking account of any unexpected areas of peat encountered during excavation works.  Any such peat discovered shall be recovered, stored separately, and used in connection with the proposed landscaping and habitat enhancement measures.;

vi)        The appointment of a suitably qualified Ecological Clerk of Works to oversee implementation of the scheme throughout the phased construction period and for a minimum of two years after completion of the last pool and/or the landscape and biodiversity schemes (whichever is the later);

vii)       Provision for adequate monitoring and progress reporting;

viii)      Timescales for implementation of the scheme.

 

The scheme shall be implemented as approved unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (as amended), the Conservation (Natural Habitats &c) Regulations 1994 (as amended), and to ensure that biodiversity is conserved and enhanced, all in accordance with the requirements of PPS9, the NERC Act 2006 and policies NC1, NC6, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan 2007.

 

7          No development shall take place until a comprehensive landscape scheme has been submitted to and approved in writing by the local planning authority. The details submitted shall include a large-scale masterplan showing the landscaping and habitat features to be implemented, in conjunction with the following detailed proposals;

 

i)          Full ground-modelling methodology for the proposed wetland habitat and conservation corridor indicated on drawing no 117.301.C2-1E, including wet scrapes;

ii)         Full ground-modelling details for all areas designated to receive excavated material on drawing no 117/301/C2.C2-1E;

iii)        Method statement for all soil handling and storage including, where necessary, measures to reduce high soil nutrient levels on those areas identified for conservation use;

iv)        Final ground-modelling details of the reservoir margins, showing gradients and shallow water depths at the edge (in particular alongside the Public Right of Way);

v)         Measures and methodology for ensuring that, in the event of drought, the area of bare mud around the reservoirs likely to be exposed would be kept to a minimum.

vi)        Schedule of all planting and seeding, to include details of species, sizes, location, density and spacing as appropriate.   This shall include identification of any areas to be left for natural re-vegetation and the methodology for the choices made;

vii)             Timescales for implementation, including any provision for phased work, the times of the year when earthmoving will take place, the completion of each phase, review of the scheme according to changing circumstances, and remediation for any plant or seeding failures;

viii)           Details of an 8 metre buffer strip (from the top edge of the bank) to be provided on either side of the entire length of the existing watercourse lying within the application site.  No excavation, deposit of soil, or any other development shall take place within the buffer strip.

ix)                Proposals for after-care and management for a prescribed period (e.g. 5 years after completion), and provision for regular monitoring of the scheme.

 

The scheme shall be implemented as approved unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: In the interests of visual amenity, to ensure a satisfactory form of development, and to conform with the requirements of policies LA6, NC1, NC6 and NC8 of the Herefordshire Unitary Development Plan 2007.

 

8          Prior to the construction of any reservoir a scheme for groundwater monitoring, including the installation of a borehole/piezometer at a specified location, shall be submitted to and approved in writing by the local planning authority in consultation with the Environment Agency.  The scheme shall provide detailed proposals for monitoring, including the nature of sampling, frequency and duration, in accordance with the submitted Hydrological Impact Statement dated May 2009.  Thereafter, monitoring shall be carried out and reviewed in accordance with the approved scheme, which shall be carried out and implemented in accordance with the approved details unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To ensure monitoring of the hydro-geological and hydrological regime, to protect groundwater and the water environment including Coughton Wood and Marsh SSSI and Parish Fields in accordance with policies DR1, DR4, and DR6 of the Herefordshire Unitary Development Plan 2007.

 

9          If the monitoring scheme approved under the above condition shows, in the opinion of the local planning authority, any adverse risk of deterioration to groundwater and surface water quality or quantity, remediation proposals shall be submitted in writing to the local planning authority in consultation with the Environment Agency within three months of the findings.  The proposals shall include:

 

i)          Methodology for investigating the cause of the deterioration;

ii)         Measures for remediation;

iii)        Further measures to amend any failures in either monitoring methods or remediation;

iv)        Timescales for implementing the scheme and provision for review.

 

The remediation scheme shall be implemented in accordance with the approved details.

 

Reason: To prevent any adverse impacts on the hydro-geological and hydrological regime, to protect groundwater and the water environment including Coughton Wood and Marsh SSSI and Parish Fields in accordance with policies DR1, DR4, and DR6 of the Herefordshire Unitary Development Plan 2007.

 

10        F06 (Restriction on Use )

 

Reason: To restrict the use of the site to that proposed in the interests of local amenity, because any other use would require further consideration by the local planning authority, and to comply with policies S1, S2, and DR1 of the Herefordshire Unitary Development Plan 2007.

 

INFORMATIVES:

 

1          The applicant is advised to appoint a suitably qualified civil engineer to supervise the design, construction, maintenance and safety of reservoirs regardless of size.

 

2          The requirements given in condition 7 (v) for details to minimise the exposure of bare mud should include proposals for a combination or mixture of engineering design details, water management, selected marginal planting and other means such as the use of shingle if appropriate.

 

3          N11C - General

 

4          N11A - Wildlife and Countryside Act 1981 (as amended) - Birds

 

5          ND03 - Contact Address

 

6          HN01 - Mud on highway

 

7          HN02 - Public rights of way affected

 

8          HN03 - Access via public right of way

 

9          HN23 - Vehicular use of public rights of way

 

10        The development shall only be undertaken in accordance with the requirements of Central Networks and the National Grid.  Guidance for safe working under overhead power lines, and the HSE informative 'should be strictly adhered to at all times. Shock Horror: Safe working near overhead power lines in agriculture'.

 

11        Trees should not be planted in the vicinity of overhead power lines unless agreed with Central Networks and National Grid. Planting within the sphere of influence of the lines should be restricted to native herbs and plants, and native shrubs that would not exceed 3 metres in height.

 

12        N19 - Avoidance of doubt - Approved Plans

 

13        N15 - Reason(s) for the Grant of Planning Permision