Retention of conservation pond (amended design).

Retention of conservation pond (amended design).

Mr Davis, a resident of an adjoining property, spoke against the application.

Councillor H. Bramer, the Local Ward Member, noted the concerns of the objector and the Parish Council and asked if the pond could be re-designed to alleviate the leakage problems.

In response to the question, the Planning Officer (Minerals and Waste) advised Members that the issue of leakage from the pond could be resolved and had been addressed in condition 1 of the recommendation. She also advised Members that failure to adhere to condition 1 of the recommendation could lead to enforcement action being taken by the Council.

Members felt that Conditions 1 and 4 addressed the issues raised by the objector but requested that Officers re-visit the wording of the conditions to ensure that they were enforceable and appropriate timescales were adhered to.

RESOLVED:

That planning permission be granted subject to the following conditions and any other conditions felt to be necessary by Officers:

1.            Notwithstanding the submitted plans the lake hereby permitted shall be remodelled in accordance with the details stated in the applicant's letter dated 5th July 2004, such that:

·         no part of the embankment on the western margin of the lake shall be beneath the canopy of the existing trees, and

·         the ground beneath that tree canopy shall be restored to the original levels.

·         the gradient of the northern end of the lake shall not exceed 1 in 7 (14%), being widened if necessary in a westerly direction to accommodate this.

·         the embankment to the southern end of the lake shall not be more than 1 metre in height above the highest adjoining original ground level.

·         the proposed stock-proof fence shall be located so as to establish a margin of at least 1.5m between it and the edge of the cut to the lake bank.

·         measures shall be taken to ensure that all excess water from the lake shall be directed into the existing adjacent watercourse ditch.

Reason: to ensure a satisfactory form of development and to preserve and enhance the quality of the environment.

2.         No further development shall take place until there has been submitted to and approved in writing by the local planning authority a planting scheme giving the location, species, sizes and planting numbers.  The scheme shall include at least 2 native wetland tree species

Reason: to ensure a satisfactory form of development and to preserve and enhance the quality of the environment.

3.         All planting comprised in the details approved under condition 2 shall be carried out in the first planting season following the completion of the engineering works as specified by condition 1, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing by the local planning authority.

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

4.         The pool shall be used for the quiet private enjoyment of the owner and for wildlife conservation or agriculture and for no other purpose.

Reason: The local planning authority wish to control the specific use of the pool in the interests of local amenity as any other use could have adverse environmental effects which would need further assessment.

Informative:

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

2.         The Council is concerned that the design of the lake could have a detrimental effect on the health and stability of the mature trees on the adjoining land.  The applicant is strongly advised to seek professional advice on this matter.