Issue details

To acquire land and associated access/easement rights to develop a phosphorous-reducing wetland

As set out in the cabinet member decision, the creation of wetland areas will, in addition to improving the water quality of the River Lugg, positively contribute toward the delivery of the environmental and economic priorities within the County Plan 2020-2024; enhancing local biodiversity, enabling sustainable housing growth in the north of the county and reducing carbon emissions through carbon sequestration.

The benefits of wetlands in releasing prospective housing development currently unable to complete the planning process because of phosphate load will be of particular value in terms of the local construction economy and the delivery of established housing targets.

Acquisition of suitable land is essential if wetland schemes are to be progressed so that their benefits can be realised.

The area of land in question is well positioned in relation to the wastewater treatment works and the watercourse, and has been identified as having the physical properties necessary to form a well-functioning integrated wetland.

The wetland site will be surrounded on all sides by land in third party ownership, and so the acquisition of rights enabling access to the wetland is essential in order to facilitate future monitoring and maintenance activity. The right to lay pipework from the waste water treatment works to the wetland is also an essential functional requirement.

Negotiations with the landowner have concluded and the values set out in the decision made section of this report have emerged as the minimum values which will be accepted by the landowners. All negotiations have been carried out by agents with appropriate expertise and experience in this area, appointed to represent the council’s interests.

The council has undertaken the required due diligence in considering the acquisition, in particular:

• A commercial valuation of the land in question has been commissioned previously. At the close of negotiations, both the agreed land purchase cost and the cost for the associated access/easements are recommended by the council’s appointed agents as being appropriate to the circumstances.

• A range of site investigations have been undertaken to verify the suitability of the land, including soil sampling, ground water risk assessment, preliminary ecological survey and phosphate load monitoring from the waste water treatment works. A preliminary wetland design was also undertaken by a specialist consultant on the basis of the information generated by the site investigations to confirm that the area of land proposed for acquisition would be suitable and adequate for the wetland proposed.

• The council’s legal representatives have, through the conveyancing process, fully assessed the proposed land purchase agreement and the associated access /easement agreements to ensure that the acquisition is appropriate and suitably robust in terms of risk. No unacceptable liabilities or obligations have been identified which would impact on the proposed use of the land as a wetland or otherwise result in unacceptable levels of risk to the council.

• A formal pre-planning consultation was undertaken to establish the suitability of the proposal for the granting of planning approval.

• The Environment Agency, the Internal Drainage Board and Natural England have been consulted.

Decision type: Non-key

Decision status: Recommendations Approved

Notice of proposed decision first published: 09/02/2022

Decision due: 31 January 2022 by Service Director – Environment , Highways, & Waste

Contact: David Jones, Programme Manager Email: David.Jones2@herefordshire.gov.uk Tel: 01432 383320.

Decisions