Replacement of existing rock groynes and other in-river restoration works to improve rapids and habitats in the River Wye at Symonds Yat.

Replacement of existing rock groynes and other in-river restoration works to improve rapids and habitats in the River Wye at Symonds Yat.

 

The Principal Planning Officer reported the following updates:

 

• Forest of Dean District Council have no objection in principle but draw attention to the need for compliance with para 99 of ODPM Circular 06/2005 (on protected species).

 

In accordance with the criteria for public speaking, Mr Blows, a local resident, spoke in objection to the application and Mr Hawkesworth, the applicant, spoke in support.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

          Commencement of works

 

1       A01 (Time limit for commencement (full permission))

 

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

 

         Approved plans

 

2       B01 (Development in accordance with the approved plans)

 

Reason: To ensure adherence to the approved plans and details in the interests of a satisfactory form of development and to comply with policy DR1 of the Herefordshire Unitary Development Plan 2007.

 

         Working Method Statement

 

3       No development shall take place until a working method statement for the project has been submitted to and approved in writing by the local planning authority.  The statement shall include in particular:

 

i)                    Details of the type, source and estimated quantity of stone to be

used;

ii)                  A plan showing the indicative locations for stockpiles of stone and parking of construction vehicles plant and equipment;

iii)                Details of, arrangements for the public rights of way, including fencing, signage, and the use of a banksman for the crossing point;

iv)               Details of all preparatory work necessary, including vegetation trimming the ground preparation, excavations, working area and stone movements;

v)                 Indicative provision for a watching brief to identify, record and protect archaeological remains;

vi)               Details, and a large scale plan, of the design, construction method and materials to be used for the proposed access ramp on the riverbank and the haul route at the river's edge;

vii)             Full methodology for the in-river working, groyne construction and all other works;

viii)           Measures to prevent pollution to ground and surface waters;

ix)                Health and safety details and precautions including emergency strategy;

x)                  Mitigation proposals for the minimal disturbance of silt during the in-river works, including a risk assessment of alternative measures.

xi)                A scheme for the treatment and control of Japanese knotweed.

xii)              Timescales for all the above.

 

The works shall be undertaken in accordance with the approved details unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To ensure a satisfactory form of development in accordance with agreed principles, to ensure public safety during the operations, to ensure a design solution is sought to minimise archaeological disturbance, and to protect the amenity of the area in accordance with policies S1, S2, DR1, ARCH5, ARCH6, NC2 & NC3 and LA1 of the Herefordshire Unitary Development Plan 2007.

 

         Restoration Scheme

 

4       No development shall take place until a reinstatement and restoration scheme for the completion of the project has been submitted to and approved in writing by the local planning authority.  In particular the scheme shall include:

 

i)       A large-scale plan showing details of the removal of the in-river haul route and temporary river access ramp as shown on plan reference 04-1106-200 rev 4 dated September 2007 and date stamped 13 Mar 2008,

ii)       Details of the reinstatement of the riverbank on completion of the works, and final restoration including any re-planting or re-seeding areas including the earth bank at the crossing point;

iii)       Specifications for the resurfacing and restoration of the definitive footpath and cycleway route/s;

iv)       Removal of temporary fencing, signage etc and making good;

v)       Indicative details of ancillary remedial works on the island.

vi)       Timescales for all the above.

 

The works shall be undertaken in accordance with the approved details unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To ensure the site is restored in accordance with agreed principles and to protect the amenity of the area in accordance with policies S1, S2, DR1 and LA1 of the Herefordshire Unitary Development Plan 2007.

 

         Protected species

 

5       Prior to the commencement of any works, schemes for surveying and protecting the following species and their habitats shall be submitted to and approved in writing by the local planning authority:

 

i)              White clawed crayfish

ii)            Freshwater pearl mussel

iii)          Bats (all species)

iv)         Otter

v)           Dormouse

 

The scheme shall include a Method Statement and give details of any protection, mitigation and translocation measures as appropriate, which shall be thereafter implemented in accordance with the approved schemes, unless otherwise agreed in writing in advance by the local planning authority in consultation with Natural England and the Environment Agency.

 

Reason: To ensure the protection of White clawed crayfish, Freshwater pearl mussels, Bats and other species in accordance with policies S1, S7, NC1, NC2, NC3, NC5 and NC6 of the Herefordshire Unitary Development Plan 2007.

 

         Archaeology

 

6       E01 (Site investigation - archaeology)

 

Reason: To ensure the archaeological interest of the site is recorded and to comply with the requirements of policies ARCH1 and ARCH6 of the Herefordshire Unitary Development Plan 2007.

 

         In-river working

 

7       Any in-channel works shall only be carried out during the period between 1st July and 15th October in any year and at no other time, unless otherwise agreed in writing in advance by the local planning authority in consultation with the Environment Agency.

 

Reason: To prevent adverse impact on protected species and to comply with policies S7, NC1, NC5 and NC6 of the Herefordshire Unitary Development Plan 2007.

 

         Western channel

 

8       No working or disturbance shall take place in the channel to the west of the island or the western riverbank unless agreed in writing in advance by the local planning authority in consultation with the Environment Agency and Natural England.

 

Reason: To prevent adverse impact on protected species and to comply with policies S7, NC1, NC5 and NC6 of the Herefordshire Unitary Development Plan 2007.

 

         Operating hours

 

9       F01 (Restriction on hours of working)

 

While the in-river works are actually in progress, the hours during which working may take place shall be restricted to 0700-1900 on any day.  At all other times including preparatory and restoration work until the project is complete, unless otherwise agreed in writing in advance the hours during which working may take place shall be restricted to 0800 to 1800 hours Mondays to Fridays, 0800 to 1300 on Saturdays and not at any time on Sundays, Bank or Public Holidays.

 

Reason: To safeguard the amenities of the locality and to comply with policies NC5 and DR2 of the Herefordshire Unitary Development Plan 2007, whilst enabling the in-river works to be completed as quickly as possible utilising available daylight.

 

         Biodiversity protection

 

10     The recommendations set out in the submitted Ecological Assessment date-stamped 23 Jan 2008 shall be followed unless otherwise stipulated by conditions attached to this permission or as agreed in writing in advance by the local planning authority.  An appropriately qualified and experienced Ecological Clerk or Works shall be appointed (or consultant engaged in that capacity) to oversee the ecological mitigation work.

 

Reason: To ensure the adequate protection of important species, habitats and designated sites and to comply with the requirements of policies S7, NC1, NC5, NC6, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan 2007.

 

         Protection of trees

 

11     G02 (Retention of trees and hedgerows)

 

Reason: To safeguard the amenity of the area and to ensure the development conforms with policy DR1 of the Herefordshire Unitary Development Plan 2007.

 

         No burning

 

12     I43 (No burning of material/substances)

 

         Reason: To safeguard amenity and biodiversity, prevent pollution, and to comply with policy DR4 of the Herefordshire Unitary Development Plan 2007.

 

         Vehicle parking and materials storage

 

13     No plant, machinery, equipment or materials shall be parked or stored other than in the designated location/s approved under condition 3 of this permission unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: In order to protect the amenity of the area and to comply with policies DR1, T6 and T8 of the Herefordshire Unitary Development Plan 2007.

 

INFORMATIVES:

 

1       Aquatic invertebrates, in particular Riffle beetles and mussels, should be protected from disturbance; fine gravels and material such as rotting bark and exposed tree roots should be retained as important habitat.

 

2       Under the Wildlife and Countryside Act 1981 (as amended) it is an offence to cause the growth of Japanese knotweed in the wild.  Chemical control of Japanese knotweed should be undertaken once per year only, during August/September.  No cutting of the plant should be carried out.  2,4-D Amine is not approved for use near water.

 

3   Himalayan balsam should be controlled by manually uprooting the plant prior to the production of seeds, and the plants appropriately disposed of away from the riverbank.

 

4       The Conservation (Natural Habitats &C) Regulations 1994 (the Habitats Regs) have recently been updated so that disturbance of a European Protected Species can be an offence even if it is the result of an otherwise lawful activity.

 

5       If an area of the river is to be sealed off and drained down (in order to create a dry working area), then a fish rescue must be carried out by suitably competent people on the advice of the Environment Agency's Fisheries Team.

 

6       N11A - Wildlife and Countryside Act 1981 (as amended) - Birds

 

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

 

8       N11C - General

 

9       N18 - European Protected Species Licence

 

10     ND03 - Contact Address

 

11     HN03 - Access via public right of way

 

12     N04 - Rights of way

 

13     Any re-planting or re-seeding should comprise native species only.  The scheme submitted under the requirements of condition 4 ii) above should specify the species, numbers, sizes and area of land.

 

14     HN20 - Common land

 

15   Environment Agency advice on statutory responsibilities and good environmental practice is available at http://www.environment-agency.gov.uk/business/444251/444731/ppg/ .  Please refer to Pollution Prevention Guideline 5 'works in, near or liable to affect watercourses'.

 

16     Any waste generated in the course of the development must be disposed of satisfactorily and in accordance with Section 34 of the Environment Act 1990,  Carriers transporting waste from the site must be registered waste carriers.

 

17     N15 (Reasons for the Grant of Planning Permission)

 

18     N19 – Avoidance of doubt