Proposed re-profiling works to include: southern land spit at the eastern end of the lake to be lowered and divided into three islands. Small island close to bird hide on the southern side of the lake will be cleared of trees, lowered and divided into three smaller islands. The southern half of the western island will be re-profiled.

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

(Proposed re-profiling works to include: southern land spit at the eastern end of the lake to be lowered and divided into three islands. Small island close to bird hide on the southern side of the lake will be cleared of trees, lowered and divided into three smaller islands. The southern half of the western island will be re-profiled.)

(Councillor Holton had left the meeting and was not present during consideration of this application.  Councillor Baker fulfilled the role of local ward member and accordingly had no vote on this application.)

The Principal Planning Officer (PPO) gave a presentation on the application, and updates/additional representations received following the publication of the agenda were provided in the update sheet, as appended to these minutes.

In accordance with the Council’s Constitution, the local ward member, Councillor BA Baker, spoke on the application.

He supported the application noting that no objections to it had been received. He expressed a concern about ensuring public access and the ability of the sailing club to use the site.

In the Committee’s discussion of the application it was noted that all the consultees appeared to support the proposal and members indicated their broad support for the proposal.  However, clarification was sought in relation to public access and the use of the site by the sailing club.

The PPO commented that the site was open to the public.  The use by the sailing club had declined but had not been restricted by the Herefordshire Wildlife Trust as managers of the site.  The Trust had given its assurance that the site would remain open to the sailing club.  Some safety measures would be in place during construction works.

The local ward member was given the opportunity to close the debate.  He had no additional comment.

Councillor Greenow proposed and Councillor Guthrie seconded a motion that the application be approved in accordance with the printed recommendation. The motion was carried with 11 votes in favour, none against and no abstentions.

RESOLVED: That planning permission be granted subject to the following conditions and any other conditions considered necessary by officers named in the scheme of delegation to officers:

1.         A01 Time limit for commencement (full permission)

2.         C06 Development in accordance with approved plans

3.         During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times: Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays.

            Reason: To protect the amenity of local residents and to comply with Policy SD1 of Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

4.         The Method of Work and Environmental Risk Management by Frog environmental dated September 2016 shall be implemented in full as stated unless otherwise approved in writing by the local planning authority.

            Reason: In order to comply with Conservation of Habitats and Species Regulations (2017), National Planning Policy Framework, NERC Act (2006), NPPF (2018), Wildlife & Countryside Act (1981 as amended) and Core Strategy (2015) policy LD2.

INFORMATIVES:

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations, including any representations that have been received. It has subsequently determined to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 

2.         Bodenham Lake and adjacent River Lugg (SAC) are recognised for their importance for biodiversity, protected species and ecological habitat and we would like to formally remind the applicant that they have a legal duty to ensure compliance with all relevant legislation and best working practices such as CDM, Health & Safety, Wildlife & Countryside Act, Habitat Regulations et all, at all times during the project and construction.

3.         In addition to planning permission, the works may require a Flood Risk Activities permit under the Environmental Permitting Regulations (EPR) where works may act to affect a Main River or its floodplain. The applicant is advised to contact the Environment agency direct for clarification.