Change of use to high quality public open space and a landmark public art feature. Application for a skylon tower, a 46m high, vertical, corten steel landmark feature located within the heart of skylon park Hereford Enterprise Zone.

The application was approved in accordance with the Case Officer’s recommendation, with additional conditions.

(Change of use to high quality public open space and a landmark public art feature. application for a skylon tower, a 46m high, vertical, corten steel landmark feature located within the heart of Skylon Park, Hereford Enterprise Zone.)

The Principal Planning Officer gave a presentation on the application.

In accordance with the criteria for public speaking, Mr N Kerr, Vice-Chair of the Enterprise Zone Executive Board, spoke in support of the application.

The local ward member was unable to attend the meeting.  In accordance with the Council’s Constitution, Councillor MD Lloyd-Hayes, spoke on the application on his behalf.

She commented that the proposal reflected Hereford’s manufacturing heritage as a centre for engineering.  The landscaping providing public open space was welcome.  The construction itself was contemporary, attractive, and an iconic piece of public art. She supported the application.

In the Committee’s discussion of the application the following principal points were made:

·        The structure would be a landmark of which the County could be proud.  It was at a strategic junction.  The scale was proportionate. It would have a limited visual impact on the landscape.

·        Maintenance of the public open space and water feature would be important.

·        It was to be hoped that local craftsmen would be involved in the design and construction.

·        It was asked whether there was scope to use the structure for visual displays and other purposes.  The Lead Development Manager commented that this would be a matter for the applicant to discuss with the authority.  Any proposal would need to be considered on its merits.

·        In response to further questions about lighting of the structure the Principal Planning Officer commented that consideration would need to be given amongst other things to a potential conflict with nature conservation interests.  An additional condition could govern such matters.  Members supported this addition.

The Lead Development Manager commented that the Committee had properly assessed the impact on nearby heritage assets.

Councillor Lloyd-Hayes was given the opportunity to close the debate on behalf of the local ward member and reiterated her support for the application.

RESOLVED: That planning permission be granted subject to the following conditions:

1.         C01 - Time limit for commencement (full permission)

2.         C06 - Development in accordance with the approved plans

3.         C13 - Samples of external materials

4.         C96 - Landscaping scheme

5.         C97 - Landscaping scheme - implementation

6.         Construction Method Statement

7.         The recommendations set out in the ecologist’s reports from Midland Ecology dated November 2016 and March 2017 should be followed unless otherwise agreed in writing by the local planning authority.  Prior  to commencement of the development, a species mitigation schedule and habitat enhancement scheme should be submitted to, and be approved in writing by, the local planning authority, and the scheme shall be implemented as approved.

            Reasons:  To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment).

            To comply with Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

8.         A period of at least one year of ecological monitoring should be established unless otherwise agreed in writing by the local planning authority and the scheme shall be carried out as approved.  On completion of the monitoring, confirmation of the success or otherwise of the mitigation measures should be made to the local planning authority in writing together with any photographic evidence of the measures implemented.

            Reason:  To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment).

            Reason:  To comply with Policies LD2 and LD3 of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

9.         No development shall take place until the following has been submitted to and approved in writing by the local planning authority:

a) a 'desk study' report including previous site and adjacent site uses, potential contaminants arising from those uses, possible sources, pathways, and receptors, a conceptual model and a risk assessment in accordance with current best practice

b) if the risk assessment in (a) confirms the possibility of a significant pollutant linkage(s), a site investigation should be undertaken to characterise fully the nature and extent and severity of contamination, incorporating a conceptual model of all the potential pollutant linkages and an assessment of risk to identified receptors

c) if the risk assessment in (b) identifies unacceptable risk(s) a detailed scheme specifying remedial works and measures necessary to avoid risk from contaminants/or gases when the site is developed shall be submitted in writing. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.

            Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment so as to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy.

10.       The Remediation Scheme shall include consideration of and proposals to deal with situations where, during works on site, contamination is encountered which has not previously been identified. Any further contamination encountered shall be fully assessed and an appropriate remediation scheme submitted to the local planning authority for written approval.

            Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment so as to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy.

11.       The Remediation Scheme, as approved pursuant to condition no. 10 above, shall be fully implemented before the development is first occupied. On completion of the remediation scheme the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.

            Reason: In the interests of human health and to ensure that the proposed development will not cause pollution to controlled waters or the wider environment so as to comply with Policies SD3 and SD4 of the Herefordshire Local Plan – Core Strategy.

12.       Prior to the first use of the development hereby permitted, full details of all lighting to be installed upon the site (including upon or within the fabric of Skylon Tower) shall be submitted to and approved in writing by the local planning authority. No external lighting shall be installed upon the site without the prior written consent of the local planning authority. The approved external lighting shall be installed in accordance with the approved details and thereafter maintained in accordance with those details.

            Reason: To safeguard the character and amenities of the area and to comply with Policy SD1 of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework

INFORMATIVES:

1.         Statement of positive and proactive working

2.         I09 Private apparatus within highway

3.         I51 Works adjoining highway

(The meeting adjourned between 10.35 – 10.45 am.)