Request for Screening Opinion. Summary Description (see application form for Full application and Planning Case Statement): • Proposed new field accesses • Proposed maintenance tracks to serve Southern Link Road (application151314) • Revised drainage including revised storage provisions, drainage ditches, outfall pipes, replacement culverts • Temporary Haul Route (west and east of railway line) inc temporary diversion of cycleway • New bridleway

The application was approved in accordance with the Case Officer’s recommendation with additional conditions.

 

(Request for Screening Opinion. Summary Description (see application form for Full application and Planning Case Statement): • Proposed new field accesses • Proposed maintenance tracks to serve Southern Link Road (application151314) • Revised drainage including revised storage provisions, drainage ditches, outfall pipes, replacement culverts • Temporary Haul Route (west and east of railway line) inc temporary diversion of cycleway • New bridleway.)

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, as appended to these Minutes.

The update contained representations from Natural England and the Woodland Trust and proposed additional conditions in response to those representations.

In accordance with the Council’s Constitution, the local ward member, Councillor J Johnson was invited to speak on the application.  He indicated that he had no comments to make at the outset but would respond as appropriate at the debate’s conclusion.

In the Committee’s discussion of the application the following principal points were made:

·        It was asked if the proposed temporary roads could be put to a future use mindful of the cost incurred in their construction.

·        Planning permission had been granted for the southern link road and the proposals represented engineering works to enable the road’s development to be pursued.

·        A member commented, in summary, that:

·        As a council application it was imperative that the council demonstrated that it had followed correct processes.

·        Paragraph 2.6 of the report was incorrect in stating that the South Wye Transport Package (SWTP) acknowledged that whilst the SWTP was being promoted as a stand alone scheme there was the possibility that the Southern Link Road (SLR) would ultimately link to the western relief road and the application for the SLR had been considered with that in mind.

·        The SLR decision had been taken on the basis of it being a stand alone project. Future aspirations were not material planning considerations.

·        If the SLR was now being linked to the Hereford Transport Package and its western bypass proposal that invalidated consideration of the application before the Committee on its own merits. 

·        Reference to the public inquiry into the SLR was lacking.

·        The service of notice on landowners had not been carried out correctly.

·        The application was premature and the documentation and evidence base was incomplete.  There was no agricultural impact assessment, no waste management plan and the objection from the Woodland Trust had been overlooked and not included in the officer report.

·        It was premature and potentially unsafe if not unlawful to proceed to determine the application.

The Committee considered a motion that consideration of the application be deferred.

 

The Development Manager (DM) commented that he did not consider that there were grounds for deferral.  Paragraph 6.4 of the report referred to the public inquiry into the SLR.  Paragraph 6.66 of the report onwards concluded that in relation to the service of notice of the application on relevant landowners the initial inaccuracy in certificate B, did not preclude lawful determination of the application.

 

In response to further questions and comments the DM and PPO commented as follows:

·        Paragraph 6.65 of the report commented on the requirement of Highways England for an Agricultural Impact Assessment and that officers remained satisfied that the requirements of the Design Manual for Roads and Bridges had been met.

·        The report addressed the planning considerations.  The business case for the SLR and the business case for the western relief road and whether these business cases were separate or linked was not part of the consideration of the planning application and not material to it.

·        The committee update reported that Natural England had no objection subject to appropriate mitigation being secured through condition and the condition they recommended was included in the recommendation officers were making to the Committee.

A member commented further in relation to the public inquiry that the remit of that inquiry was not known and could have a bearing on the application. 

It was observed that the application had been the subject of extensive publicity and discussion and deferral was not justified.  Another member added that if the road were not built the grant of permission for the application before the Committee would simply not be implemented.

A member referred to the major concerns expressed by the Woodland Trust noting that these had been outlined at the meeting, if not in the officer report, but questioned whether these had been satisfactorily addressed.

It was questioned why it was considered that an environmental impact assessment was not required.  Attention was also drawn to the documentation requested by Natural England.

The motion that consideration of the application be deferred was lost.

In continuing the debate it was observed that page 11 of the committee update referred to the provision in paragraph 175 of the NPPF that development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) should be refused, unless there are wholly exceptional reasons and a suitable compensation strategy exists.   The Woodland Trust had commented that the application would have a direct impact on a number of veteran trees affected by the proposed haul route and cycle route.  It was asked if it was possible to address their concerns that whilst the proposals did not require the removal of any veteran trees there were elements of the application that would encroach within the canopies and root protection areas.

The PPO showed the root protection area on a slide.  She commented that the haul road would pass beneath the canopy of a veteran tree. Whatever diversion of the haul road was considered it would be necessary to enter the root protection area to pass under the railway line.

The aboricultural report had identified the impacts and had made some general suggestions as to mitigation.  Officers were requesting a detailed method statement.  The Tree Officer considered that there were possible mitigations for the temporary period during which the haul route would be used.

In respect of other notable trees and other veteran trees the larger root protection areas had been imposed and conditions were proposed to deal with aspects such as the storage of topsoil. 

There were means of controlling dust.  This would be covered within the construction and environmental management plan.

A possible alternative haul route would have an impact on heritage assets.  There was a lot of benefit to the proposed route in terms of the wider environment in terms of air quality and noise levels for residents and the removal of construction traffic from the local road network.

The proposal was achievable but more detail was required from the ecologist and tree officer.  The proposed conditions addressed these aspects.

A member commented that under the proposal the trees in question might be better protected than they were at the moment having regard to the unconstrained movement of heavy agricultural machinery.

The local ward member was given the opportunity to close the debate.  He commented that there were environmental impacts that needed to be considered.  Based on personal observation and discussion with landowners, the proposed accesses were required and provided appropriate visibility and safety, in a number of cases representing an improvement on the existing arrangements.  The proposals were ancillary works for a development that had previously been approved.  He supported the recommendation.

Councillor A Johnson proposed and Councillor Holton seconded a motion that the application be approved in accordance with the printed recommendation with additional conditions as set out in the update sheet.  The motion was carried with 11 votes in favour, 2 against and 2 abstentions.

RESOLVED: That planning permission be granted subject to the following conditions and any other conditions considered necessary by officers named in the scheme of delegation to officers:

 

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

 

2.         B01 – Approved Plans

 

3.         Prior to commencement of development, method statements for the land parcels indicating the potential impact of the access and hedgerow works are necessary shall be submitted for approval in writing by the local planning authority.  This should include any additional mitigation/surveys necessary for protected species affected by the work.

 

            Reasons: To ensure that all species are protected having regard to the Wildlife and Countryside Act 1981 (with amendments and as supplemented by the Countryside and Rights of Way Act 2000), the Natural Environment and Rural Communities Act 2006 and the Conservation of Habitats and Species Regulations 2010 (and 2012 amendment).

 

            To comply Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

 

4          Prior to commencement of development, a Construction Environmental Management Plan documenting construction and post-construction monitoring impacts for each of the cited land parcels (sheet 1 – 10) of the proposal shall be submitted for approval in writing by the local planning authority and shall include:

 

·        timing of the works,

·        details of storage of materials,

·        control of surface water run-off into watercourses and

·        measures to minimise the extent of dust, odour, noise and vibration arising from the construction process.

 

      The Plan shall be implemented as approved.

 

            To comply with Herefordshire Council’s Policies LD2 Biodiversity and Geodiversity, LD3 Green Infrastructure of the Herefordshire Local Plan Core Strategy 2013 – 2031 and to meet the requirements of the National Planning Policy Framework (NPPF).

 

5.         Prior to the commencement of development relating to the Haul Road (Sheet 3) the following details shall be submitted to and approved in writing  by the local planning authority:

 

•           Timetable of works (including start, completion, restoration and ongoing management )

•           Landscape restoration plan – including soil management, planting and landscape management post completion.

•           Details of signage in respect of cycle route alterations / warning signs

•           Works to upgrade Merryhill Lane (specifications).

 

            The works shall be carried out in accordance with the approval plans and details.

 

            The works to provide the proposed rerouted cycleway, and upgrade to Merryhill Lane, shall be undertaken prior to the closure of the first use of the haul route hereby permitted. 

 

            Reason:  To comply Herefordshire Council’s Policies LD1, LD2, LD3, LD4 and MT1 of the Herefordshire Local Plan – Core Strategy and CH2 of the Callow and Haywood Neighbourhood development Plan and to meet the requirements of the National Planning Policy Framework (NPPF).

 

6.         CNS – Sheet 1

            Prior to the commencement of any development shown on drawing number: 3512983BP-WSP-ZO-XX-DR-T-00001-P04 (sheet 1) the following shall be undertaken or details submitted to and approved in writing by the local planning authority:

 

a.         Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

b.         Before any other works hereby approved are commenced, Parking for site operatives (and visitors ) shall be provided 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

c.         Visibility splays shall be provided from a point 0.6m above ground level at the centre of the access to the application site and 2.4m back from the nearside edge of the adjoining carriageway (measure perpendicularly) for a distance of 31.7m to the north and 48.2m for the south. Nothing shall be planted, erected or allowed to grow on the triangular area of land so formed which would obstruct the visibility described.

d.         Any new access gates shall be set back a minimum 5 metres from the adjoining carriageway edge and shall be made to open inwards.

 

Works shall be undertaken in accordance with the approved plans.

Reason: In the interests of highway safety and to confirm with the requirements of policy MT1 if of the Herefordshire Local Plan – Core Strategy and the National Planning Policy Framework.

 

7.         CNS – Sheet 2

 

Prior to the commencement of any development shown on drawing number: 3512983BP-WSP-ZO-XX-DR-T-00002-P04 (sheet 2) the following shall be undertaken or details submitted to and approved in writing by the local planning authority:

 

a.         Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

b.         Before any other works hereby approved are commenced, Parking for site operatives (and visitors ) shall be provided 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

c.         Visibility splays shall be provided from a point 0.6m above ground level at the centre of the access to the application site and 2.4m back from the nearside edge of the adjoining carriageway (measure perpendicularly) for a distance of 31.7m to the north and 48.2m for the south. Nothing shall be planted, erected or allowed to grow on the triangular area of land so formed which would obstruct the visibility described.

d.         Any new access gates shall be set back a minimum 5 metres from the adjoining carriageway edge and shall be made to open inwards.

 

Works shall be undertaken in accordance with the approved plans.

Reason: In the interests of highway safety and to confirm with the requirements of policy MT1 if of the Herefordshire Local Plan –Core Strategy and the National Planning Policy Framework.

 

8.         CNS – Sheet 4

 

            Prior to the commencement of any development shown on drawing number: 3512983BP-WSP-ZO-XX-DR-T-00004-P04 (sheet 4) the following shall be undertaken or details submitted to and approved in writing by the local planning authority:

a.         Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

b.         Before any other works hereby approved are commenced, Parking for site operatives (and visitors ) shall be provided 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

c.         Visibility splays shall be provided from a point 0.6m above ground level at the centre of the access to the application site and 2.4m back from the nearside edge of the adjoining carriageway (measure perpendicularly) for a distance of 101m to the north and 95.5m for the south. Nothing shall be planted, erected or allowed to grow on the triangular area of land so formed which would obstruct the visibility described.

d.         Any new access gates shall be set back a minimum 5 metres from the adjoining carriageway edge and shall be made to open inwards.

e.         In the event that the access is used for a haulage route, a construction traffic management plan should be submitted to and approved in writing by the local planning authority and works shall be carried out in accordance with the approved details.

 

Works shall be undertaken in accordance with the approved plans.

Reason: In the interests of highway safety and to confirm with the requirements of policy MT1 if of the Herefordshire Local Plan –Core Strategy and the National Planning Policy Framework.

 

9.         CNS – Sheet 5

 

            Prior to the commencement of any development shown on drawing number: 3512983BP-WSP-ZO-XX-DR-T-00005-P5 (sheet 5) the following shall be undertaken or details submitted to and approved in writing by the local planning authority:

a.         Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

b.         Before any other works hereby approved are commenced, Parking for site operatives (and visitors) shall be provided 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

c.         Visibility splays shall be provided from a point 0.6m above ground level at the centre of the access to the application site and 2.4m back from the nearside edge of the adjoining carriageway (measure perpendicularly) for a distance of 94m to the north and 57m for the south. Nothing shall be planted, erected or allowed to grow on the triangular area of land so formed which would obstruct the visibility described.

d.         Any new access gates shall be set back a minimum 5 metres from the adjoining carriageway edge and shall be made to open inwards.

Works shall be undertaken in accordance with the approved plans.

            Reason: In the interests of highway safety and to confirm with the requirements of policy MT1 if of the Herefordshire Local Plan –Core Strategy and the National Planning Policy Framework.

 

10.       CNS – Sheet 7

 

            Prior to the commencement of any development shown on drawing number: 3512983BP-WSP-ZO-XX-DR-T-00007-P5 (sheet 7) the following shall be undertaken or details submitted to and approved in writing by the local planning authority:

a.         Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

b.         Before any other works hereby approved are commenced, Parking for site operatives (and visitors) shall be provided 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

c.         Visibility splays shall be provided from a point 0.6m above ground level at the centre of the access to the application site and 2.4m back from the nearside edge of the adjoining carriageway (measure perpendicularly) for a distance of139.3m to the north and 156.1m for the south. Nothing shall be planted, erected or allowed to grow on the triangular area of land so formed which would obstruct the visibility described.

d.         Any new access gates shall be set back a minimum 5 metres from the adjoining carriageway edge and shall be made to open inwards.

 

Works shall be undertaken in accordance with the approved plans.

            Reason: In the interests of highway safety and to confirm with the requirements of policy MT1 if of the Herefordshire Local Plan –Core Strategy and the National Planning Policy Framework.

 

11.       CNS – Sheet 8

 

            Prior to the commencement of any development shown on drawing number: 3512983BP-WSP-ZO-XX-DR-T-00008-P5 (sheet 8) the following shall be undertaken or details submitted to and approved in writing by the local planning authority:

 

a.         Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

b.         Before any other works hereby approved are commenced, Parking for site operatives (and visitors) shall be provided 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

c.         Visibility splays shall be provided from a point 0.6m above ground level at the centre of the access to the application site and 2.4m back from the nearside edge of the adjoining carriageway (measure perpendicularly) for a distance of 30m to the north and 30m for the south. Nothing shall be planted, erected or allowed to grow on the triangular area of land so formed which would obstruct the visibility described.

d.         Any new access gates shall be set back a minimum 5 metres from the adjoining carriageway edge and shall be made to open inwards.

 

            Works shall be undertaken in accordance with the approved plans.

            Reason: In the interests of highway safety and to confirm with the requirements of policy MT1 if of the Herefordshire Local Plan –Core Strategy and the National Planning Policy Framework.

 

12.       CNS – Sheet 9

 

            Prior to the commencement of any development shown on drawing number: 3512983BP-WSP-ZO-XX-DR-T-00009-P5 (sheet 9) the following shall be undertaken or details submitted to and approved in writing by the local planning authority:

 

a.         Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

b.         Before any other works hereby approved are commenced, Parking for site operatives (and visitors) shall be provided 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

c.         Visibility splays shall be provided from a point 0.6m above ground level at the centre of the access to the application site and 2.4m back from the nearside edge of the adjoining carriageway (measure perpendicularly) for a distance of 42.9m to the north and 29m for the south. Nothing shall be planted, erected or allowed to grow on the triangular area of land so formed which would obstruct the visibility described.

d.         Any new access gates shall be set back a minimum 5 metres from the adjoining carriageway edge and shall be made to open inwards.

 

            Works shall be undertaken in accordance with the approved plans.

            Reason: In the interests of highway safety and to confirm with the requirements of policy MT1 if of the Herefordshire Local Plan –Core Strategy and the National Planning Policy Framework.

 

13.       CNS – Sheet 10

 

            Prior to the commencement of any development shown on drawing number: 3512983BP-WSP-ZO-XX-DR-T-000010-P5 (sheet 10) the following shall be undertaken or details submitted to and approved in writing by the local planning authority:

 

a.         Before any other works hereby approved are commenced, the construction of the vehicular access shall be carried out in accordance with a specification to be submitted to and approved in writing by the local planning authority, at a gradient not steeper than 1 in 12.

 

b.         Before any other works hereby approved are commenced, Parking for site operatives (and visitors) shall be provided 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.

 

Works shall be undertaken in accordance with the approved plans.

Reason: In the interests of highway safety and to confirm with the requirements of policy MT1 if of the Herefordshire Local Plan –Core Strategy and the National Planning Policy Framework.

 

14.       M10 – Unsuspected contamination

 

15        Prior to commencement of any development detailed on drawing number – 3512983BP-WSP-ZO-XX-DR-T-00003-P04 Sheet 3  - a detailed Tree Protection and Mitigation plan shall be submitted to and approved in writing by the Local Planning Authority that shall include, but not be restricted to:

 

·        Accurate plans showing the Root Protection Area

·        Construction method statement for both the temporary Haul Road and cycleway

·        Mechanism and details of monitoring for any impacts on trees during construction phase

·        Detailed method statement for the reinstatement of land post construction phase

·        Mechanism and details of monitoring for any impact on trees post construction phase

·        Details of storage area for soil and method statement for soil storage within or adjacent to the Root Protection Areas.

 

16        C90 – Protection of trees / hedgerows that are to be retained

 

 

 

 

 

INFORMATIVES:

 

1.         The Local Planning Authority has acted positively and proactively in determining this application by assessing the proposal against planning policy and any other material considerations. Negotiations in respect of matters of concern with the application (as originally submitted) have resulted in amendments to the proposal.  As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework. 

 

2.         N14 – Party Wall