Agenda item

S121015/N - LAND NORTH OF PENHELIGAN HOUSE, PONTSHILL, HEREFORD

Sewage pumping station, including control kiosk and associated works.

Decision:

The application was approved in accordance with the case officer’s recommendation.

Minutes:

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.

 

In accordance with the criteria for public speaking, Mrs Lewis, representing Weston Under Penyard Parish Council, and Mr Evans, a neighbouring resident, spoke in objection to the application and Mr Pitt, the applicant’s agent, spoke in support.

                 

In accordance with paragraph 4.8.2.2 of the Council’s Constitution, Councillor H Bramer, the local ward member, commented on a number of issues, including:

 

·         The application site was in the centre of Pontshill.

·         The requirement for the water treatment plant was due to the Environment Agency finding the previous sceptic tank utilised for four former council houses at Woodview unacceptable.

·         The proposed water treatment plant should be located at Woodview, and could be sited on part of the large gardens of the four dwellings.

·         The report referred to a previous application which was refused on the site, however the reason for refusal on the previous application was highway issues.

·         The treatment plant would be more central to the village if situated at Woodview.

 

In response to comments from the local ward member, the Principal Planning Officer advised that the proposed sewage pumping station could in the future serve the whole village and not just the four dwellings referred to in the report. She added that the site had been proposed as it had an electricity supply and was also near to a watercourse, a requirement for a water treatment plant.

 

The Committee discussed the application and noted the concerns of the local ward member and the local residents in respect of the location of the proposed facility. However it was further noted that large tankers would have to travel through the village if the facility was relocated to the garden area of the Woodview dwellings as proposed by the local ward member. It was also considered that due to the majority of the treatment plant being underground, the visual impact in respect of the site would be minimal with the highest structure being just 1.45 metres in height.

 

It was noted that the proposed water treatment plant was a large facility for four dwellings however it was appreciated that Welsh Water were applying for a facility that could meet the future needs for Pontshill.

 

In response to a question, the Principal Planning Officer advised that the applicant had stated that it would not be technically feasible to move the treatment plant to Woodview due to the lack of a watercourse. Members noted that a plant of the type applied for would not be viable at Woodview but that a biodisc and soakaway system could be viable and could meet the needs for the four dwellings in question.

 

One member of the Committee noted that the Committee had previously requested mapping information for mobile phone masts and that similar information for sewerage units throughout the county would also be welcomed. He also requested that a notice be put at the water treatment plant giving contact details for the public in case of any fault or emergency at the site.

 

Councillor Bramer was given the opportunity to close the debate. He reiterated his opening remarks and raised additional points, including:

 

·         The proposed site was inappropriate.

·         A solution to the drainage issues of the Woodview residents should be located at Woodview.

 

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.         No development shall take place unless or until a Ground Investigation has been carried out in accordance with the proposals in section 5 of the submitted Geotechnical Desk Study report dated 27 October 2011 and the results, including any mitigation measures or amendments to the submitted plans and specifications, have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved findings.

 

Reason: To ensure a satisfactory form of development in the light of actual ground conditions, to prevent pollution of the water environment, to safeguard the amenity of the area and to comply with the requirements of policies S1, S2, S11, DR4, and CF5 of the Herefordshire Unitary Development Plan.

 

4.         Before the development hereby permitted begins, a habitat protection and biodiversity enhancement scheme shall be submitted to and approved in writing by the local planning authority. The scheme shall include the following in particular:

 

(i)         That an appropriately qualified and experienced ecological clerk of works shall be appointed to oversee the ecological mitigation work;

(ii)        That all of the four recommendations set out in the submitted Extended Phase 1 Ecological Survey report (Section 6, page 6) shall be followed in full;

(iii)       Measures to be implemented during the construction phase to protect the watercourse, unaffected length of the roadside wall, and all field margins, hedges and trees, around the application site and including along the route of the cross-field pipeline;

(iv)      Confirmation that construction works will avoid the bird nesting season with particular reference to ground-nesting birds (v) Proposals for creating or enhancing biodiversity and habitats

(v)       Timescales for all the above, and provision for review and tool-box talks.

 

The scheme shall be implemented in accordance with the approved details.

 

Reason: To ensure that all species under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulation 2010 are protected; to comply with the National Planning Policy Framework, Circular 06/2009,  the NERC Act 2006 and policies NC1, NC7, NC8 and NC9 of the Herefordshire Unitary Development Plan.

 

5.         Before the development hereby permitted begins a Method Statement for the removal of the section of stone wall required for the new access shall be submitted to and approved in writing by the local planning authority.  The Method Statement shall include the following in particular:

 

(i)         Preliminary checking of biodiversity associated with the wall, with particular reference to the possible presence of European Protected Species;

(ii)        Protective measures and mitigation to be implemented in the event of such protected species being found to be present;

(iii)       Methodology for dismantling the wall, storage of materials etc;

(iv)       Details of the works necessary to make good the remaining wall and new terminals on both sides of the access;

(v)        An assessment of the volume of surplus stone arising;

(vi)       How the surplus stone and other materials would be disposed of (see informative).

(vii)      Timescales for the above, and provision for review and tool-box talks.

 

The Method Statement shall be implemented in accordance with the approved details.

 

Reason: To minimise the production of waste, to ensure a satisfactory form of development including in the interests of any European Protected Species, and to ensure compliance with policies S1, S2, S7, S10, DR1, NC1, NC7 and NC9 of the Herefordshire Unitary Development Plan.

 

6.         G10 Landscaping scheme

 

7.         The development hereby permitted shall not be brought into use unless or until the mitigation measures recommended in the submitted Flood Risk Assessment dated 3 November 2011 (page 10, section 12) are implemented in full.

 

Reason: To ensure satisfactory flood protection measures are in place in accordance with policies S2, DR4 and DR7 of the Herefordshire Unitary Development Plan.

           

8.         H05 Access gates

 

9.         H15 Turning and parking

           

Reason for Approval:

 

1.            The proposal has been considered with regard to the need for the development, its essential nature, the requirements to comply with EU legislation, site choice options, access and highways, landscape and visual impact, pollution prevention, groundwater protection and flood risk.  The impact from partial conflict with certain elements of local policies, with particular reference to visual impact and highways concerns, has been carefully considered by the applicant and officers, and moderated and minimised as far as possible by the revised plans.  In particular, policies DR1 parts (1) and (2), DR2 part (4), LA2 and CF1 part (1) of the Herefordshire Unitary Development Plan are relevant.  Notwithstanding this, the site is small, the identified impacts are limited, and the overriding need for a new sewerage facility to serve Pontshill is a significant material consideration which outweighs any conflict.  Various alternative options have been considered by the applicant in terms of site choice and methodology, but the conclusion has been that the scheme as proposed is a viable option for sustainable development, which would meet requirements, would be capable of appropriate mitigation and would comply with relevant legislation.  In light of the above, the proposal is considered to accord overall with policies S1, S2, S11, DR3, DR4, DR7, NC1, NC7, NC8, NC9, CF2 and CF5 of the Herefordshire Unitary Development Plan, and the requirements of the National Planning Policy Framework.

 

INFORMATIVES:

 

1.         The applicant is urged to consider provision of a robust alternative foot/stock bridge over the watercourse at a suitable location to the north/north-west of the proposal site to facilitate movement of livestock for the landowner, in accordance with the details set out in the submitted Design and Access Statement and subject to negotiation with the landowner. The existing stock bridge close to the road bridge should then be decommissioned and removed.

 

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

 

3.         N11C General

 

4.         Required proposals for habitat creation and biodiversity enhancement in condition 4 are acknowledged as likely to be limited to a very small space. However any gesture would be welcomed, such as the planting of fruit trees or a patch of bee-friendly perennial (low maintenance) flowering plants within the compound (if practical to do so). Any further mitigation that may be negotiated with the landowner would also be welcomed in a submitted scheme.

 

5.         With regard to point (vi) of condition 5 of this permission, all soils and the materials from the stone wall in particular should remain within the farm holding as a priority. Care is needed to minimise the volume of waste arising from this development and to conserve seedbanks and other biodiversity associated with the wall.  Only as a last resort should any material be removed from the holding. Stone may be useful in creating a small habitat area within the application site.

Supporting documents: