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