Importation of 40,000 cubic metres of soil to create enviro-recreational scheme involving planting 4 hectares of broad leaved native woodland over imported soil.

 

Ward: Burghill, Holmer & Lyde

Importation of 40,000 cubic metres of soil to create enviro-recreational scheme involving planting 4 hectares of broad-leaved native woodland over imported soil.

 

In accordance with the criteria for public speaking, Mrs Reynolds of Burghill Parish Council, spoke on the application. 

 

In response to some of the points raised by the Parish Council, the Senior Planning Officer (Minerals and Waste) reported that drainage requirements were not specified in the west part of the site, because the land sloped uphill at this point.  She also emphasised that Circular 11/95 prevented any restrictions on legitimate use of the A49, although any permission granted would be conditional upon there being limited access onto the A49 from the actual site. 

 

Councillor SJ Robertson, the Local Ward Member, welcomed that application and requested that the applicant sought advice from the Hereford Ornithology Club.

 

In response to a question from Councillor PJ Edwards, the Development Control Manager stated that the site would be monitored, within the limits of the Council’s resources, to ensure that the planning conditions were adhered to. 

 

RESOLVED:

 

That planning permission be granted subject to the following conditions:

 

1.      The development hereby permitted shall be begun before the expiration of three years from the date of this permission.  Written notice of the date of commencement shall be sent to the local planning authority within 7 days of that commencement.  Please refer to Informative Note 1.

 

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

 

2.Notwithstanding the imported material already deposited at the site, terms of this permission shall entirely supersede planning permission reference DCCW2005/1680/N dated 14th July 2005.

 

         Reason: To define the terms of this permission and for the avoidance of doubt.

 

3.      No importation of soil, stone or any other waste material shall take place after the expiration of three years following the commencement date as notified to the local planning authority under condition 1, unless otherwise agreed in writing in advance by the local planning authority.

 

         Reason: To ensure the timely completion of the development in the interests of the amenity of the area and to comply with Herefordshire Unitary Development Plan 2007 Policies S1, S10 and DR4.

 

4.      In all respects, unless otherwise agreed in advance in writing by the local planning authority, and except where otherwise stipulated by conditions attached to this permission, the development shall be undertaken in accordance with the submitted plans and the working details as follows:

 

(a)        'General Method Statement for mobile screening operations' dated 28th April 2006, revised 7th July 2007 and date stamped received 24th July 2007.  (Please refer to Informative Note 9).

(b)        'General Method Statement for environmental work' dated 17th July 2007 and date stamped received 24th July 2007.

(c)        'General Method Statement and planting schedule' dated 17th July 2007 and date stamped received 24th July 2007.

 

         Reason: For the avoidance of doubt and to ensure the development is undertaken in accordance with the specific proposals and Herefordshire Unitary Development Plan 2007 Policies S1, S2, S10 and D1.

 

5.      Before the development is begun, a scheme for compiling and maintaining a Source Log shall be submitted to and approved in writing by the local planning authority.  The scheme shall be implemented as approved and include in particular:

 

(a)        The source site name and address and a grid reference.

(b)    A contact name.

(c)        Description of the type of materials to be collected and used and the appropriate EWC descriptive code/s on the advice of the Environment Agency.

(d)        Details of any ground or contamination investigation that has been carried out.

(e)        Copies of any source test certificates, test/check results and Quality Assurance comments regarding inspection and/or test holes on sites prior to acceptance of materials for removal to Lyde Arundel.

(f)       Brief source site risk assessment.

(g)        Any other relevant information that would assist in maintaining a paper audit for these materials.

(h)      Methodology for compiling, maintaining and storing the Source Log including prescribed instructions for its completion.

(i)      The location of the Source Log, including that an up to date copy of it shall be kept at the site and made available for inspection on reasonable request.

(j)      The person responsible for the Source Log including its maintenance and verification of entries by signature.

 

         Reason: To prevent pollution or contamination of the site and to ensure that the operation of the site and the development are efficiently recorded and auditable to comply with Herefordshire Unitary Development Plan 2007 Policies S10, DR4 and W1.

 

6.      Before the development is begun, a scheme for compiling and maintaining a Site Diary shall be submitted to and approved in writing by the local planning authority.  The scheme shall be implemented as approved and indicate in particular that diary entries must include:

 

(a)        The date and time of each delivery.

(b)        The registration number of each delivery vehicle.

(c)        The quantity of material delivered or taken away.

(d)        The reference number of the Waste Transfer Note or other relevant documentation.

(e)        Description of the type and nature of delivered material including whether or not it is suitable, over large, or would require sorting or processing.

(f)        Details of any loads that are rejected or redirected, including reasons and onwards destination and the type of material rejected.

(g)        Records of any suspected or actual contamination and method of dealing with it.

(h)        Records of the location and period of operation of any mobile screening or crushing plant including the licence and amount of material processed.

(i)        Records of any other relevant occurrence.

(j)        Methodology for compiling, maintaining and storing the Site Diary including prescribed instructions for its completion.

(k)        The location of the Site Diary, including that an up to date copy of it shall be kept at the site and made available for inspection on reasonable request.

(l)        The person responsible for the Site Diary including verification of entries by signature.

 

         Reason: To prevent pollution or contamination of the site and to ensure that the operation of the site and the development are efficiently recorded and auditable in accordance with Herefordshire Unitary Development Plan 2007 Policies S10, DR4 and W1.

 

7.      Before the development is begun a summary scheme outlining the methodology for ecological enhancement and the conservation of European Protected Species shall be submitted to and approved in writing by the local planning authority.  The scheme shall be implemented as approved and include in particular:

 

(a)        That the proposals and recommendations including timescales and after-care, given in the Sutton Surveys Report ref SS-07-242-4 dated June 2007, with particular reference to Appendices 'B' and 'C', will be adhered to.

(b)        That the submitted General Method Statement for Environmental Work dated 17th July 2007 will be adhered to.

(c)        The appointment of a named Site Ecologist and confirmation of that person's retention throughout the development period until the works and after-care are complete.

 

         Reason: To ensure the protection of Great crested newts under the Wildlife and Countryside Act 1981, the Conservation (Natural Habitats) Regulations 1994 and Herefordshire Unitary Development Plan Policies S7, NC1, NC5, NC6 and NC7 and to conserve and enhance protected species habitats and foraging areas to comply with Herefordshire Unitary Development Plan 2007 Policies S7, NC6, NC7, NC8 and NC9.

 

8.      No development shall take place until there has been submitted to and approved by the local planning authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the land, and details of any to be retained, together with measures for their protection in the course of development and any necessary tree surgery.  All proposed planting shall be clearly described with species, sizes and planting numbers.

 

         Reason: In order to protect the visual amenities of the area in accordance with Herefordshire Unitary Development Plan 2007 Policies S7, LA5 and LA6.

 

9.      G05 (Implementation of landscaping scheme (general)).

 

         Reason:  In order to protect the visual amenities of the area.

 

10.    Before the development is begun, a scheme for the protection of trees and hedgerows on and adjacent to the site shall be submitted to and approved in writing by the local planning authority.  The scheme shall be written in accordance with BS 5837 Trees in Relation to Construction, 2005 and implemented as approved.  (Please refer to Informative Note 5).

 

         Reason: To safeguard existing trees and the amenity of the area, in accordance with Herefordshire Unitary Development Plan 2007 Policies S7 and LA5.

 

11.    G10 (Retention of trees).

 

         Reason: In order to preserve the character and amenities of the area to comply with Herefordshire Unitary Development Plan 2007 Policies S7 and LA5.

 

12.    No development approved by this permission shall commence until a scheme for the erection of pole-mounted warning signs on the A4110 highway in advance of the junction with the farm access from both directions has been submitted to and approved in writing by the local planning authority.  The signs shall be erected in accordance with the approved details before any tipping takes place and must be maintained throughout the duration of the development.

 

         Reason: In the interests of highway safety in accordance with Herefordshire Unitary Development Plan 2007 Policies S6 and T8.

 

13.    Unless otherwise agreed in advance in writing by the local planning authority, no vehicles other than those owned or authorised by the applicant shall be allowed to access the site in connection with the development hereby permitted, in accordance with details recorded in the Site Diary required by condition 6 above.

 

         Reason: To ensure that only authorised vehicles use the site and to prevent pollution from fly-tipping in accordance with Herefordshire Unitary Development Plan 2007 Policies DR4 and W1.

 

14.    For operations in connection with the development hereby permitted, vehicle access to the site shall be via the A4110 road and not the A49(T).

 

         Reason: In the interests of highway safety and to prevent additional traffic impact on the A49 trunk road in accordance with Herefordshire Unitary Development Plan 2007 Policies S6 and T8.

 

15.    Unless otherwise agreed in advance in writing by the local planning authority, there shall be no more than 10 vehicle movements into and 10 vehicle movements out from the site in any 24 hour period in connection with the development hereby permitted and recorded in the Site Diary required by condition 6 above.

 

         Reason: To minimise traffic impact in the interests of road safety and in accordance with Herefordshire Unitary Development Plan 2007 Policies S6 and T8.

 

16.    In connection with the development hereby permitted 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 0800 - 1800 Mondays to Fridays, 0800 to 1300 Saturdays nor at any time on Sundays, Bank or Public Holidays.

 

         Reason: In order to protect the amenity of occupiers of nearby properties.

 

17.    No tipping shall take place other than within the area identified and hatched black on the submitted plan ref. SS-07-242-4/11 and date stamped 24th July 2007 unless otherwise agreed in writing in advance by the local planning authority.

 

         Reason: To define the extent of the tipping area and ensure a satisfactory form of development in accordance with Herefordshire Unitary Development Plan 2007 Policies DR1, DR2, W1 and W2.

 

18.    Nothing other than uncontaminated excavated natural materials shall be tipped on the site, in accordance with the submitted 'General Method Statement for mobile screening operations' dated 28th April 2006, revised 7th July 2007 and date stamped received 24th July 2007.

 

         Reason: To prevent pollution in accordance with Herefordshire Unitary Development Plan 2007 Policies S1, S2, DR4, W1 and W2.

 

19.    There shall be no burning on site of any materials associated with the development hereby permitted.

 

         Reason: To prevent pollution and protect the amenity of local residents in accordance with Herefordshire Unitary Development Plan 2007 Policies S1, S2 and DR4.

 

20.    During the course of the approved development, adequate precautions shall be undertaken and maintained to ensure that no materials are allowed to encroach on any watercourse of drain.

 

         Reason: To minimise the possibility of contamination of the water environment in accordance with Herefordshire Unitary Development Plan 2007 Policies S1 and DR6.

 

21.    The premises shall be used for quiet recreational enjoyment, nature conservation and/or agriculture and for no other purpose (including any other purpose in the schedule to the Town and Country Planning (Use Classes) Order 1987, or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).

 

         Reason: The local planning authority wish to control the specific use of the land/premises, in the interest of local amenity and because any other use could have adverse environmental effects that would require further consideration by the local planning authority.

 

22.Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no development or use shall take place other than those expressly authorised by this permission, or agriculture.

 

         Reason: To ensure adequate control of development of the land and because any other use or development would require further consideration by the local planning authority.

 

23.    A copy of this permission shall be kept at the site along with copies of the Site Log and Site Diary for the duration of the development and made readily available for inspection by Officers of the local authority and/or Environment Agency and for reference by all operators and contractors undertaking the work.

 

         Reason: To ensure the development is undertaken in accordance with the planning permission.

 

Informatives:

 

1.      All pre-commencement conditions attached to this permission must have been formally approved and discharged in writing by the local planning authority before the permission can be implemented.

 

2.      HN01 - Mud on highway.

 

3.      HN02 - Public rights of way affected.

 

4.      It is the responsibility of the developer to ensure that the natural drainage of the area is protected to minimise the possibility of contaminating local watercourses and to prevent flooding or other changes to the drainage of adjoining land.

5.      For advice about the scheme for protection of existing trees and hedgerows required by condition 10 and in particular on BS 5837 Trees in Relation to Construction 2005, please contact the Senior Landscape Officer on 01432 260150.

 

6.      For advice about the road signage required by condition 12, please contact the Lead Engineer (Traffic), Herefordshire Council Transport Team, Thorn Business Park, Rotherwas, Hereford, HR2 6JT, telephone 01432 260963.

 

7.      N11A - Wildlife and Countryside Act 1981 (as amended) – Birds.

 

8.      N11B - Wildlife & Countryside Act 1981 (as amended) and Conservation (Nat. Habitats & C.) Regs 1994 – Bats.

 

9.      You are advised to seek the necessary permit from the Environment Agency before any waste is imported onto the site.  If an application is made for an exemption under the Waste Management Licensing Regulations 1994 (as amended) the necessary risk assessments and waste classifications must be submitted.  Before proceeding please seek clarification on European Waste Catalogue codes and hazardous materials from guidance available on the Environment Agency website.

 

10.    N19 - Avoidance of doubt.

 

11.    N15 - Reason(s) for the Grant of PP/LBC/CAC.