Amendment to pp CE2002/2558/F to include drainage, private access provision, landscaping and associated works.

Amendment to pp CE2002/2558/F to include drainage, private access provision, landscaping and associated works.

 

The Principal Planning Officer advised that the principle of this proposal had been established through planning permission CE2002/2558/F.  It was noted that the recommendation would provide the opportunity to resolve any outstanding matters with the Environment Agency and the Highways Agency.

 

Councillor R.M. Wilson, speaking in his capacity as Cabinet Member (Highways and Transportation), re-iterated that this application was, in effect, an amendment to the approved scheme following detailed design work and that no fundamental changes to the alignment of the road were proposed.  He added that the proposal involved relatively small pockets of land.

 

Councillor W.J.S. Thomas, the Local Member, noted the minor nature of the amendments and commented that an underpass to accommodate both stock and pedestrians should be given further consideration.  The Principal Planning Officer responded by highlighting condition 11 (h) which required drawings/details of the means of crossing of public footpaths.

 

In response to questions, the Conservation Manager explained the purpose of the wildlife underpasses.

 

RESOLVED:

 

Subject to the concerns of the Environment Agency being resolved and no objection being raised by the Highways Agency, the Officers named in the Scheme of Delegation to Officers be authorised to approve the application subject to the following conditions and any further conditions considered necessary by Officers.

 

1.     The development hereby permitted shall be begun before the expiration of five years from the date of this permission.

 

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

 

2.     The development shall be carried out in all respects strictly in accordance with the approved plans, except where otherwise stipulated by conditions attached to this permission.

 

Reason: To ensure adherence to the approved plans in the interests of a satisfactory form of development.

 

3.     No development or other site works shall take place until a detailed method statement for all site ground-works and procedures in relation to their archaeological impact has been submitted to, and approved in writing, by the local planning authority.  The development shall only be carried out in accordance with the approved detailed method statement.

 

Reason: The development affects a site on which archaeologically significant remains survive.  An acceptable site working method statement is required to ensure that any such remains are recognised and investigated.

 

4.     No development or other site works shall take place until the applicant or their agents or successors in title have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the local planning authority.  This programme shall be in accordance with a brief prepared by the County Archaeological Service.  Prior archaeological excavation required as part of this programme must be completed in the field to the satisfaction of the County Archaeological Service before the commencement of any development.

 

Reason: To ensure that the archaeological interest of the site is recorded, and also to ensure that prior archaeological excavation can take place within an acceptable timescale that will not be compromised by site works.

 

5.     During the construction phase no machinery shall be operated and no process shall be carried out at the site outside the following times: Monday-Friday 7.00 am-6.00pm, Saturday 8.00 am-1.00 pm nor at any time on Sundays, Bank or Public Holidays unless otherwise agreed in writing by the local planning authority.

 

Reason: To protect the amenity of local residents.

 

6.     There shall be no, direct or indirect, discharge of surface water or land drainage run-off to the public foul sewer.

 

Reason: To safeguard the public sewerage system and reduce the risk of surcharge flooding.

 

7.     No development approved by this permission shall be commenced until a scheme for the provision and implementation of a surface water regulation system has been submitted to and approved in writing by the local planning authority.  Such a scheme shall be implemented to the reasonable satisfaction of the local planning authority prior to the construction of any impermeable surfaces draining to the system.

 

Reason: To prevent the increased risk of flooding.

 

8.     No development approved by this permission shall be commenced until a scheme for the monitoring of seasonal fluctuations in water levels (to include an initial baseline study) within boreholes (including abstraction details) and the levels of spring catch pits as referred to in the Water Features Survey has been submitted for approval in writing by the local planning authority.  The scheme shall be implemented as approved for a period to be agreed as part of the scheme.  If as a consequence of the monitoring unforeseen fluctuations in water levels are detected which are directly attributable to the approved development, appropriate mitigation proposals shall be submitted to the local planning authority for approval in writing and these measures shall be carried out as approved within a timeframe to be agreed.

 

Reason: To enable the impact of the development on water features to be monitored.

 

9.     No development approved by this planning permission shall be commenced until:

 

a) A desktop study has been carried out which shall include the identification of previous site uses, potential contaminants that might reasonably be expected given those uses and other relevant information, and using this information a diagrammatical representation (Conceptual Model) for the site of all potential contaminant sources, pathways and receptors has been produced.

 

b) A site investigation has been designed for the site using the information obtained from the desktop study and any diagrammatical representation (Conceptual Model).  This should be submitted to, and approved in writing by the local planning authority prior to that investigation being carried out on the site.  The investigation must be comprehensive enough to enable:

 

·         a risk assessment to be undertaken relating to groundwater and surface waters associated on and off the site that may be affected, and

·         refinement of the Conceptual Model, and

·         the development of a Method Statement detailing the remediation requirements.

 

c) The site investigation has been undertaken in accordance with details approved by the local planning authority and a risk assessment has been undertaken.

 

d) A Method Statement detailing the remediation requirements, including measures to minimise the impact on ground and surface waters, using the information obtained from the Site Investigation has been submitted to the local planning authority.  This should be approved in writing by the local planning authority prior to that remediation being carried out on the site.

 

Reason: To prevent pollution of the water environment.

 

10.   If during the development, contamination not previously identified, is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an addendum to the Method Statement.  This addendum to the Method Statement shall detail how this unsuspected contamination shall be dealt with.

 

Reason: To ensure that the development complies with approved details in the interests of protection of Controlled Waters.

 

11.   No development approved by this planning permission shall be commenced until details/drawings of the following matters have been submitted to, and approved in writing by, the local planning authority:

 

(a) the bridges/culverts over watercourses;

(b) the road bridge and cutting at Green Crize/Hoarwithy Road;

(c) the street lights;

(d) the bat hibernaculum;

(e) the stock underpass;

(f) the badger, newt and bat underpasses;

(g) newt mitigation measures

(h) the means of crossing of public footpaths (including at construction stage);

(i) the means of providing vehicular access to industrial units in Gate House Road.

 

The development shall be carried out in accordance with the approved details/drawings and prior to use by vehicular traffic (other than construction traffic).

 

Reason: The application contains insufficient detail for the satisfactory consideration of these matters at this stage.

 

12.   Before the development hereby approved is commenced a scheme of traffic calming and weight restriction shall be prepared and adopted and a timeframe for implementation agreed in writing with the local planning authority for Holme Lacy Road between the A49(T) and Hereford - Abergavenny railway line bridge.  The timeframe for implementation shall realise implementation of the scheme within one year of the first use of the new access road by vehicular traffic (excluding construction traffic).

 

Reason: To ensure the proper planning and implementation of the development in accordance with the approved scheme.

 

13.   No development shall commence on site, or materials or machinery brought onto the site for the purpose of development until a landscape scheme has been submitted to and approved in writing by the local planning authority.  The submitted scheme shall include an overall landscape masterplan at 1:2500 scale and detailed drawings at a scale of 1:200 or 1:500 showing existing and proposed levels, materials, structures, signs, lighting and below ground services plant species, sizes, densities and planting numbers.  This must be supported by a full specification for the soft landscape work and any allied hard landscaping or engineering work which will impact on the landscape.  Drawings must show the accurate extent of existing trees, hedgerows and scrub together with an indication of which are to be retained and which are to be removed.

 

Reason: To ensure a satisfactory and well designed development and to preserve and enhance the local environment.

 

14. The landscaping scheme approved under Condition 13 above shall be carried out in advance of or concurrently with the corresponding phase of the development hereby permitted and shall be completed no later than the first planting season following the completion of the relevant phase of the development.  The landscaping shall be maintained for a period of five years.  During this time, any trees, shrubs, grass or other plants that are removed, die, or are noticeably retarded shall be replaced during the next planting season with others of similar size and the same species unless the local planning authority gives written consent to any variation.  An annual inspection will be undertaken at the end of the growing season to ascertain the extent of any plant failures.  If any plants fail more than once they shall continue to be replaced on an annual basis until the end of the five year maintenance period.

 

Reason: To ensure that the approved landscape scheme establishes satisfactorily.

 

15.   No development or other site works shall commence or machinery or materials shall be brought on site until there has been submitted to and approved by the local planning authority, a Working Method Statement for the protection of trees, shrubs, scrub and hedges shown to be retained within the contract working area.  Such Method Statement shall detail materials, method of erection of structures such as fences, distance from trees etc, further mitigation measures such as watering, protection from dust etc, routes for temporary haulage or construction traffic, methods of monitoring and any other aspect that might impact on the retained landscape.

 

Reason: To ensure the well being and protection of the existing landscape.

 

16.   The development hereby approved shall be carried out in accordance with the wildlife mitigation measures set out at paragraph 3.5.4 of the Environmental Statement and with any additional mitigation measures identified subsequently.  The wildlife mitigation measures relating to bats shall be applied to all nine trees identified as having 'some potential as bat roosts' in the Environmental Statement unless otherwise agreed in writing with the local planning authority.  The wildlife mitigation measures shall apply to all parts of the application site and, in particular, species-rich grassland shall be created and managed in all open areas in a manner to be agreed in writing with the local planning authority.

 

Reason: To safeguard the wildlife interests of the site and surroundings.

 

17.   The development hereby approved shall not commence until the local planning authority in consultation with the Highway Authority has agreed a design for the proposed junction of the new access road on the A49.  The agreed design will have to promote the broad objectives of preserving the safety and free flow of traffic, meet the requirements contained within the Design Manual for Roads and Bridges, and when scrutinised during the formal road safety audit process attract a positive endorsement.

 

Reason: To enable the A49 Trunk Road to continue to be an effective part of the system of routes for through traffic, in accordance with section 10 (2) of the Highways Act 1980 by avoiding the disruption to flow on those routes by traffic expected to be generated by the development, and to protect the interest of road safety on the Trunk Road.

 

18.   The proposed junction for the new access road on the A49 shall be constructed in the form shown on the agreed design for the proposed new junction on the A49 as set out in planning condition no. 17.

 

Reason: To enable the A49 Trunk Road to continue to be an effective part of the system of routes for through traffic, in accordance with section 10 (2) of the Highways Act 1980 by avoiding the disruption to flow on those routes by traffic expected to be generated by the development, and to protect the interest of road safety on the Trunk Road.

 

19.   Within 3 months of the new road being first used by traffic the section of the A49(T) indicated to be 'broken out and allowed to colonise naturally' shall be broken up, the material removed and appropriately disposed of and the land restored to agriculture in accordance with a scheme to be submitted to, and approved in writing by, the local planning authority.

 

Reason: To ensure the proper planning of the site and safeguard the amenities of the countryside.

 

20.      Development shall not begin until parking for site operatives and visitors has been provided within the application site in accordance with details to be submitted to and approved by the local planning authority and such provision shall be retained and kept available during construction of the development.

 

Reason: To prevent indiscriminate parking in the interests of highway safety.

 

Informatives:

 

1.     The attention of the applicant is drawn to the need to keep the highway free from any mud or other material emanating from the application site or any works pertaining thereto.

 

2.     A number of public rights of way cross the site of this permission.  The permission does not authorise the stopping up or diversion of these rights of way.  The rights of way may be stopped up or diverted by Order under Section 257 of the Town and Country Planning Act 1990 provided that the Order is made before the development is carried out.  If the rights of way are obstructed before the Order is made, the Order cannot proceed until the obstruction is removed.

 

3.     Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with Section 34 of the Environmental Protection Act 1990.  Movements of Special Waste from the site must be accompanied by Special Waste consignment notes.

 

4.     Under Section 23 of the Land Drainage Act 1991, the prior consent of the Environment Agency is required for the erection of any mill dam, weir or other like obstruction to the flow of an ordinary watercourse or raise or otherwise alter such an obstruction; or erect any culvert that would be likely to affect the flow of any ordinary water course or alter any culvert in a manner that would be likely to affect any such flow.  Any culverting of a watercourse also requires the prior written approval of the local authority under the terms of the Public Health Act 1936.  The Agency resists culverting on conservation and other grounds, and consents for such works will not normally be granted except for access crossings.

 

5.     The site is crossed by a public sewer.  No development (including the raising or lowering of ground levels) will be permitted within the safety zone which is measured either side of the centre line.  For details of the safety zone and the precise location of the sewer please contact the Dwr Cymru Welsh Water's Network Development Consultant on 01443 331155.  It will be necessary for the sewer to be diverted under Section 185 of the Water Industry Act 1991.

 

6.     The site is crossed by a trunk/distribution watermain.  It may be possible for this watermain to be diverted under S.185 Water Industry Act, cost of which will be re-charged to developers (contact 01443 331155).

 

7.     The Environmental Statement indicates that the habitats of a number of protected species will be affected by the development.  It is an offence to kill or injure protected species and their habitats.  A licence will be required from DEFRA, English Nature, or other appropriate countryside body where protected species will have to be moved or their habitats disturbed.

 

8.     The application site crosses sand and gravel deposits which may be economically workable in the context of this application.  The working of such deposits is likely to require separate planning permission.

 

9.     This planning permission does not allow the formation of a works compound (temporary or otherwise).  Such a compound is likely to require separate planning permission.

 

10.   The decision to grant planning permission has been taken having regard to the policies and proposals in the South Herefordshire District Local Plan set out below, and to all relevant material considerations including Supplementary Planning Guidance:

 

        South Herefordshire District Local Plan:

 

GD1          -   General Development Criteria

C1             -   Development Within Open Countryside

C8             -   Development within AGLV

C9             -   Landscape Features

C11           -   Protection of Best Agricultural Land

C16           -   Protection of Species

C17           -   Trees/Management

C29           -   Setting of a Listed Building

C34           -   Preservation and Excavation of Important                                 Archaeological Sites

C45           -   Drainage

C47           -   Pollution

ED2           -   Employment Land

R10           -   Improvement of Existing Rights of Way

R11           -   Diversions to Public Rights of Way

T1              -   Safeguarding of Highway Schemes

T2              -   Environmental Impact

T3              -   Highway Safety Requirements

 

        This informative is only intended as a summary of the reasons for grant of planning permission.  For further detail on the decision please see the application report by contacting Reception at Blueschool House, Blueschool Street, Hereford (Tel: 01432-260342).