Construction of a flood attenuation scheme comprising a soakaway pond and associated lowered scrape area, 3 no. balancing ponds and shallow swales.

Approved in accordance with the case officer’s recommendation.

The Principal Planning Officer gave a presentation on the application and updates / additional representations received following the publication of the agenda were provided in the update sheet.

 

The Chairman advised the Committee that Councillor P Sinclair-Knipe, the local ward member, could not be present at the meeting but had prepared a written statement that addressed a number of issues, including:

 

·         Both Dinedore and Lower Bullinghope Parish Councils were happy with the application.

·         The Enterprise Zone was vital to the economic viability of Herefordshire.

·         He supported the application.

The Committee were in support of the application but requested clarification in respect of a number of points including the possible impact on the water levels for Bartonsham Farm and the residents of Park Street; details in respect of the protection and retention of trees on the site; and whether the Environment Agency endorsed the proposal

 

In response to a number of questions asked by the Committee, the Principal Planning Officer advised that the Environment Agency supported the proposal and had been involved in the initial study which had formed the basis of the application. She added that the Environment Agency had responded in detail and had no objection to the application. In response to the question regarding any possible detrimental effect on the residents of Park Street, she confirmed that the proposal would improve the flood issues in that area. She went on to discuss the preservation and retention of trees on the site and confirmed that this was addressed through conditions 3, 4 and 5 which were extremely robust. In summing up she felt that the site had been allowed to become a natural woodland park which needed to be protected and would be through suitable conditions.

 

In response to a further question regarding recreational use of the site for anglers, the Principal Planning Officer confirmed that the proposal was purely for flood alleviation and that any recreational use would require further facilities to be built on the site which would require a recreational permission and further planning consent.

 

RESOLVED

 

That planning permission be granted subject to the following conditions:

 

1.         A01 Time limit for commencement (full permission)

           

2.         B01 Development in accordance with the approved plans

 

3.         Before the development begins a Management Plan for the flood storage area, swales, balancing ponds and associated structures shall be submitted in writing for the approval of the local planning authority.   The Management Plan shall include:

 

a)    A clear indication as to who is to be responsible for all structures and infrastructure for the lifetime of the development

b)    Details of soil handling methodology during construction and after completion, and

c)    Timescales for long-term monitoring and management of the Plan.

 

The Management Plan shall be implemented as approved unless otherwise agreed in writing in advance by the local planning authority in consultation with the Environment Agency or successor authority/ies.

 

Reason: To ensure adequate management of surface water run-off and ensure compliance with policies S1, S2, DR4 and DR7 of the Herefordshire Unitary Development Plan.

 

4.         Before the development begins, an additional Tree Protection, Planting and Management Plan shall be submitted to and approved in writing by the local planning authority.  The scheme shall include in particular:

 

a)    The appointment of a suitably qualified and experienced arboriculturalist to advise on the condition of all the trees previously identified as to be retained and provide recommendations for their immediate and long-term protection and management;

b)    A Working Method Statement for implementation of the scheme including timescales and provision for toolbox talks and review;

c)    Adequate protection measures for all trees and hedges on both the donor and receptor sites which are, or have previously been, identified for retention, in accordance with BS 5837:2005 Trees in Relation to Construction

d)    Measures for ensuring that any mature trees identified at any time as needing to be felled are first checked for the presence of bats and/or nesting birds and appropriate protection undertaken (including any licensing required) in consultation with the Council's

e)    Conservation Officers and/or Natural England;

f)     Specific proposals for significant additional tree, shrub and hedge planting along the northern site edge and within the wider site, for example near the soakaway pond;

g)    Details of the proposed species, sizes and positions or density for all planting;

h)    Timescales for planting, within the next available season or phased if necessary;

i)     That the trees shall be maintained for a period of 5 years from the planting date. During this time, any trees that are removed, die, or are seriously retarded shall be replaced during the next planting season with others of similar sizes and species unless the local planning authority gives its written consent to any variation.  If any trees fail more than once they shall continue to be replaced on an annual basis until the end of the 5-year maintenance period.

 

The Tree Management Plan shall be retained by the applicant as a working written document and implemented as approved and/or reviewed or updated, unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To maintain visual amenity of the area, to enhance wildlife habitats and biodiversity, and to comply with PPS9, the NERC Act and policies LA5, LA6, NC1, NC3, NC4, NC6, NC7, NC8, and NC9 of the Herefordshire Unitary Development Plan, having regard to the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010 .

 

5.         Before the development begins, an additional Ecological Enhancement Scheme shall be submitted to and approved in writing by the local planning authority.  The scheme shall include:

 

a)    Commitment to the recommendations set out in the submitted Environmental Statement dated 24 August 2011 in relation to the identified protected and/or priority habitats and species;

b)    A plan showing specifically identified and described new habitats to be created for birds, invertebrates, small mammals, reptiles and amphibians, targeting species identified in the Biodiversity Action Plan;

c)    Clear prescriptions for soil-handling during the construction phase within areas identified for biodiversity enhancement, e.g. around the deep soakaway pond. These should be useable by on-site operatives, and include measures to retain the existing wild plant seedbank.

d)    A Working Method Statement for implementation of the scheme including timescales and provision for toolbox talks and review;

e)    The appointment of a named, appropriately qualified and experienced Ecological Clerk of Works to oversee the implementation and long-term management of the scheme;

f)     Proposals for appropriate wildflower seeding areas, identified on a plan and including detailed species lists;

g)    An allowance of identified 'wild' areas and corridors to enable wildlife to traverse safely through the site in conjunction with the river bank and measures to secure additional green-space within the wider side;

h)    A long-term Management Plan which specifies minimal intervention within the wild areas, precludes the use of chemicals, allows for hedges and trees to grow high, and enables wild flowers and plants to set seed and fruit to the benefit of biodiversity.

 

The Ecological Scheme shall be retained by the applicant as a working written document and implemented as approved an or reviewed or updated unless otherwise agreed in writing in advance by the local planning authority.

 

Reason: To safeguard the setting of Hampton Park Conservation Area, to compensate for the loss of trees and impromptu habitats that had grown up on the site, to demonstrate a lasting commitment to enhancing biodiversity, to protect the biodiversity interest of the River Wye SSSI/SAC and to meet the requirements of PPS9, The NERC Act and policies LA3, LA5, LA6, NC1, NC3, NC4, NC6, NC7, NC8, and NC9 of the Herefordshire Unitary Development Plan, having regard to the Wildlife and Countryside Act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2010.

 

6.         No changes shall take place or alterations undertaken to the design of the surface water and/or flood attenuation infrastructure hereby approved, either prior to construction or following completion of the scheme, without the prior written agreement of the local planning authority or an appropriate further planning permission (whichever may be deemed necessary).

 

Reason: For the avoidance of doubt, to ensure that the Rotherwas Flood Attenuation Scheme operates as intended, and to comply with policies S2, DR2 and DR7 of the Herefordshire Unitary Development Plan.

 

7.         Phases 1 and 3 of the Rotherwas Scheme and the Chapel Road site shall not be commenced until the flood attenuation measures hereby permitted have been implemented as approved.

 

Reason: To ensure the Rotherwas redevelopment project does not increase flood risk elsewhere and to secure timely implementation of the surface water attenuation measures hereby approved in accordance with policies S1, S2, DR4 and DR7 of the Herefordshire Unitary Development Plan.

 

8.         If during the course of the development unexpected contamination not previously identified is found to be present at the site then the work shall be stopped and no further development shall be carried out unless or until the developer has submitted a written Method Statement to be approved in writing by the local planning authority. The Method Statement shall include details about how the unsuspected contamination shall be dealt with.  Thereafter the development of the site shall be carried out in accordance with the approved Method Statement.

 

Reason: To ensure appropriate investigation and remediation of any contamination, to protect controlled waters, to prevent pollution and to comply with policies S1, S2, DR1, DR4 and DR10 of the Herefordshire Unitary Development Plan.

 

9.         E01 Site investigation - archaeology

 

10.       Unless otherwise agreed in writing in advance by the local planning authority, there shall be no minerals, excavated material or any wastes brought into or taken out from the overall application site.

 

Reason: To ensure a satisfactory form of development, safeguard mineral resources, minimise waste volumes and movement, prevent pollution, and to comply with the requirements of policies S1, S2, S9, S10, DR4, DR11 and M2 of the Herefordshire Unitary Development Plan.

 

11.       Unless otherwise agreed in writing in advance by the local planning authority no stockpiles of any excavated material shall exceed 4 metres in height, measured from the existing ground level.  Within six months of completion of the development hereby permitted, all such stockpiles shall be removed or remodelled in accordance with a landscaping scheme that has first been submitted to and approved in writing by the local planning authority.

 

Reason: In the interests of safety and stability, to safeguard visual amenity, and to ensure a timely and acceptable final landscape profile, in compliance with policies S2, DR1, LA6

 

12.       G09 Details of Boundary treatments

 

13.       I43 No burning of material/substances

 

 

INFORMATIVES:

 

1.         Any works within 7 metres of the top of bank of the River Wye require the Consent of the Environment Agency.  Any temporary stockpiling of materials or raising of ground levels within the flood plain also requires Flood Defence Consent.

  

2.         Due to the site’s former uses, there is a possibility of unforeseen contamination at the site.  In the event of unexpected contamination being discovered, the applicant is advised to seek specialist professional advice in such circumstances. This should be reflected in the required Method Statement outlined above.

 

3.         Any waste produced as part of this development must be disposed of in accordance with all relevant waste management legislation. All waste volumes should be minimised and excavated materials should be kept within the site for re-use/recycling. 

 

4.         Developers should incorporate pollution prevention measures to protect ground and surface waters. Guidance is available from the Environment Agency at www.environment-agency.gov.uk/business.

 

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

 

6.         N15 Reason(s) for the Grant of Planning Permission