Planning & Sustainability

DEVELOPMENT CONTROL AND REGULATION COMMITTEE 2 October 2012 A Report by the Assistant Director - Planning & Sustainability ______

Application No: 1/12/9009 District: Carlisle

Applicant: Cumbria County Council Parishes: Carlatton & Cumrew Parkhouse Building Castle Carrock and Kingmoor Business Park Geltsdale Carlisle Received: 9 July 2012

PROPOSAL: Construction of a multi span bridge to carry a public bridleway over a watercourse known as the New Water. The width of the structure shall be 2.5 metres and the overall length shall be 25 metres.

New Water River, East of Cumrew Fell, Cumrew, Heads Nook, Brampton, [Grid Ref: NY 5788 5154] ______

1.0 RECOMMENDATION

1.1 That planning permission is Granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2.

2.0 THE PROPOSAL

2.1 The proposal is for the construction of a new bridlebridge across New Water River in Geltsdale. The bridlebridge would measures 25 m in length by 2.5 m in width. The purpose of the bridge is to re-establish a safe and convenient means for the public to cross the watercourse on foot, horse or cycle.

2.2 The bridlebridge would be mainly a wooden structure sat on two steel beams. The steel beams would be clad in wood so as not to be exposed. A concrete stone pier would be constructed on the left bank to support the bridge and would be clad in local stone. The right bank pier would form a ramped access this would also be clad in local stone.

2.3 The scheme would allow access between the two sections of the fell which is currently not possible. Walkers currently have to walk ½ mile downstream to find a suitable safe crossing point. The bridge is in close proximity to the original stone bridge which collapsed around 50 years ago.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Carlisle City Council – No objection subject to no objections from Natural England and the Environment Agency. It is recommended that conditions are imposed regarding timing of works and means of operation/construction to ensure impacts on habitats or protected species can be kept to an acceptable level.

3.2 Highway Authority – This location is remote from highway along a public bridleway and replaces a former structure: the proposed construction and access arrangements are acceptable to this Authority.

3.3 Environment Agency – The Flood Risk Assessment has been produced in line with current guidance. The applicant as owners of the existing property will be aware of the potential flood risk and frequency. The applicant should be satisfied that the impact of any flooding will not adversely affect their proposals. We request that a condition be included on any approval : If the construction phase requires access across the river then the works must not be carried out between October and May (inclusive).

3.4 Natural England – The site is in Geltsdale and Glendue Fells Site of Special Scientific Interest (SSSI) and the North Pennine Moors Special Area of Conservation (SAC) and Special Protection Area (SPA). North Pennine Moores SAC and SPA : The information contains a comprehensive construction method statement that incorporates good practices when working close to the water. The design and access statement is very helpful as it contains good quality photographs of the proposed site and historical evidence of a substantial stone arch masonry bridge that once existed upstream. The proposal is not likely to have a significant effect on the interest features of North Pennine Moors SAC and SPA. The proposal is also not directly connected with or necessary to the management of the nature conservation features of the European Site;

consequently there is no requirement for the Appropriate Assessment for this project. However under Regulation 61 the matter of significance is for your Council as the competent Authority to determine and record your own decision.

Geltsdale and Glendue Fells SSSI : Given the nature and scale of this proposal and provided it is carried out in strict accordance with the details submitted we are satisfied that there is not likely to be an adverse effect on Geltsdale and Glendue Fells SSSI.

North Pennines Area of Outstanding Natural Beauty (AONB) : The proposal falls within North Pennines AONB however we have no comment to make on this proposal as we do not believe that this development is likely to impact on the purposes of its designation.

3.5 Rambler Association – We are aware of this area and the difficulties walkers experience trying to cross the river, especially in times of full spate when they have to remove their boots and socks to get to the other side. In some cases it is not possible to cross it at all as the river flows very deep and fast at this point. As a result walkers have to move downstream some ½ mile or so (where the river divides into two) so as to facilitate a crossing which takes them quite a way from the footpath. We very much support and endorse this new bridge crossing where one did stand many years ago. One concern is that the footpath leading to the crossing will remain open during the construction and that the storage of building materials will not obstruct the path.

3.6 North Pennines AONB – It is our understanding that this structure will facilitate a public right of way network that has for a long time been unavailable for large periods due to the unsatisfactory watercourse crossing. As a result we support the principle for building the new bridge. Whilst this is a fairly remote part of the AONB we are mindful that the surrounding topography of the land and construction will lessen any negative impact on the wider landscape quality. The bridge complies with necessary standards (deck width, parapet heights etc) and follows a sensible alignment given the crossing it facilities. We recognise that due to the spate nature of many of the headwaters of the North Pennines catchment a robust construction that will stand up to flood events is required. We would ask that detailed consideration is given to material choice and colour (including provence of stone facing) as part of the determination to ensure that the structure marries with its surroundings. In addition we would ask that timing of build and nature of construction method is specified to avoid unintentional disturbance to habitats and wildlife.

3.7 Castle Carrock and Geltsdale Parish Council – Members now feel that the design is much more in keeping with the surroundings since the concrete is to be stone- clad, and the steel handrails faced with wood.

3.8 Carlton and Cumrew Parish Council – were consulted on the application

3.9 The local Member Wetheral ED - Mr N H Marriner has been notified.

3.10 One letter of representation has been received from the landowners. They raise concerns regarding the scheme as the proposal does not represent the most suitable form and location for the development, the impact the proposal would have on the landscape character, location of the bridge, flood risk and ecological impact on the protected site.

4.0 PLANNING ASSESSMENT

4.1 The proposal is for the construction of a multi span bridge over New Water. The original bridge was a stone structure which span the river providing access to the fell and beyond. This collapsed around 50 years ago.

Policy Context

4.2 The proposed replacement bridge is consistent with Policy E37 of the Joint Structure Plan (saved policies) relating to landscape character. Mitigation through conditions and working methods proposed as part of this application are in line with Paragraphs 118; 119; and 120 of the National Planning Policy Framework (NPPF), March 2012, regarding conserving and enhancing the natural environment. Other policies taken into account include Carlisle District Local Plan 2001-2016 DP7 – European Natura 2000 Sites, DP9 – Areas of Outstanding Natural Beauty, CP1 – Landscape Character, CP2 – Biodiversity, CP5 – Design, CP7 – Use of traditional materials, CP13 – Pollution, LE2 – Sites of Special Scientific Interest, LE4 – River Corridors and LC8 – Rights of Way.

Site History

4.3 The site originally had a traditional stone built structure which was constructed along the old coal road. This was to allow the passage of people and material to destinations further afield. Coal roads were “one of the most important industries for at least 1000 years of coal mining”. However, it was one thing to mine coal it is quite another to transport the coal to its market. Over time the same routes were used and these became known as the coal roads. The coal roads were not just used to transport coal – other goods and services were transported along these routes and they soon became the backbone of much of the long distance road networks.

Design of Bridge

4.4 The design of the bridge is typical of many found in the Country. This would consist of a wooden hand rail and floor. The proposed bridge would be sat on two 15 m long steel beams and two 10 m steel beams would form the access from the right bank to the pier. The amended plan shows the bridge would now be more in keeping with the location. An alteration to the bridge has been made and this is to cover the steel beams with wood to make the bridge look more natural.

Working/Construction Method

4.5 A temporary storage compound is proposed close to Pump House Cottage. Materials would be stored here and transported up to the site as and when required. The access to the site is via an unmade track which stretches for 2 km to the application site. Material would be transported to the site in small pick ups and trailers and a wheeled dumper (as and when ground conditions permit). A 1 ½ tonne excavator would be used on site to help lift the steel beams into place.

4.6 The new bridlebrige is to comprise of a line of two steel support beams in parallel which would be braced as necessary with steel and rest on concrete foundations installed on both banks of the watercourse and a single concrete pier built off the bedrock in the area of deposition at the foot of the north/left bank. The amount of

concrete needed for construction would be approximately 49 m³. The remaining part of the structure would be handrailing and decking constructed from ecki hardwood.

4.7 To obtain the required surface level for the ramped areas approximately 60 tonnes of clean imported material would be required. This would form the ramped access which would be clad in local stone.

4.8 Works on the bridge could only take place in the summer months and would be undertaken in 2013 if planning permission is granted.

Landscape Character

4.9 The landscape is classed as moorland high plateau. This is an extensive area of upland moorlands incorporating high fells and summits generally over 500 m rising to 893 m at Cross Fell. Much of the moorland is plateau like with numerous deep valleys and ghylls but distinct summits in the west central section (the highest in the Pennine chain) dominate the scarp. The remainder is fairly uniform in character. The majority of vegetation is blanket bog. One the valley slopes there are variations in land cover. South of Croglin Water unimproved acidic grassland dominates. North of this point dwarf shrub heath takes over. Where heather survives, managed grouse moors are a rare feature otherwise the majority of the area is used for extensive sheep grazing with some ponies and hill cattle. The area is largely devoid of tree cover due no doubt to the high exposure and grazing pressures and has a strong feeling of remoteness.

4.10 Any changes that have occurred are mainly to do with land management involving agricultural and recreation. These include degradation of moorland vegetation and loss of heather moorland over intensive grazing. This has impacted on nature conservation interests and on the wild, rugged, unmanaged character of the moorland.

Landscape Impact

4.11 The site whilst located on the Geltsdale and Glendue Fells SSSI is not visible from major vantage points as this is sat in the ravine of the watercourse. When approaching from the western side due to the landscape vista you would only see the top of the bridlebridge as you are walking down towards it. However when accessing from the eastern side this may be a little more visible again as you are walking down onto the bridlebridge. Due to the nature of the landscape it is unlikely that the bridlebridge structure would be seen. The only place this would be visible is from the river bed.

Appropriate Assessment

4.12 Natural England are happy that the proposal would not have a Likely Significant Effect on Geltsdale and Glendue Fells Site of Special Scientific Interest (SSSI) and the North Pennine Moors Special Area of Conservation (SAC) and Special Protection Area (SPA). However, the Local Authority is required to carryout a Appropriate Assessment under Regulation 61 of the Habitat Regulations and Habitat Directive and to record our own decision.

4.13 The appropriate assessment carried out takes into account impacts on Upland Bog, Dwarf Shrub Heath – Upland, Barn Owls, Bats, Otters, Reptiles, Water

Voles, Heathland and River. The Appropriate Assessment concluded that the proposed works would have a limited/temporary impact on the adjacent wildlife, flora and fauna and management of the area which would mainly occur during construction stages. It concluded that as proposed together with the imposition of conditions or restrictions on the way the proposal is to be carried out would not adversely effect the integrity of the site.

Castle Carrock and Geltsdale Parish Council

4.14 Whilst no formal response has been received from the Parish Council the minutes from the meeting 18 July 2012 have been received. An opinion was expressed that far too much money would be spent on something so rarely used, particularly seeing that the original bridge has been gone for 50 years and nobody missed it much. The majority of Councillors stated that they were in favour of a bridge in principal but most were concerned about the proposed design and would like to see something more in keeping with the area of wilderness in which it would be situated. The bare concrete pillars and the bare steel beam structure, visible in the graphical image supplied clashed with the surrounding area. If the bridge were to be of a more sympathetic design, pillars dressed with stone perhaps.

4.15 The scheme has been amended to clad the piers in local stone and to clad the steel beams in wood. The Parish Council have been consulted on the revised design and to date no response has been received.

Concerns of Landowner

4.16 The objector has been consulted on the revised plans which does reduce the visual impact of the proposed bridlebridge, unfortunately at the time of writing this report no response to the revised plan had been received.

4.17 The siting and location of the bridlebridge is close to two existing footpath crossings and as such would not impact on the setting of the area as the footpath links are already established. If the bridlebridge was to be relocated then new footpath links would be required across the fell. The proposed site is best suited and would not impact on the landscape character of the area, where if a new footpath link was to be provided this would entail disturbing established flora and fauna and impacting further on the protected site.

4.18 The location of the bridlebridge is close to what was the existing stone built bridlebridge albeit this fell into decay in around 50 years ago. There is still evidence of its existence on the site.

4.19 The flood risk assessment submitted to the Environment Agency addresses the concerns of the objector. The Environment Agency have confirmed the detail in the assessment is acceptable. Natural England and have confirmed that the scheme is acceptable subject to the development being carried out in accordance with the Construction Method Statement submitted as part of the application. Both these documents forms part of the approved documents and as such development would be carried out in accordance with these statements, therefore allowing better access and tourism benefits.

Human Rights Act 1998

4.20 The proposal will have a limited impact on the visual and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.21 The proposed development would have a minimal impact on Geltsdale and Glendue Fells Site of Special Scientific Interest (SSSI) and the North Pennine Moors Special Area of Conservation (SAC) and Special Protection Area (SPA). Due to the surrounding topography the site would have very little impact on the surrounding landscape. The site is sat within an existing ravine which screens the site from public view points. The proposed bridlebridge would only be visible when ascending the footpaths from the fell. The proposed bridlebridge would provide public access to two parts of the fell which are currently restricted in adverse weather conditions.

4.22 The revised design of the bridlebridge which includes the cladding in local stone of the cladding the steel beams in wood has significantly reduced the visual impact on the scheme.

Paul Feehily Assistant Director - Planning & Sustainability

Contact

Mrs Jayne Petersen, Kendal, Tel: 01539 713549, E-mail: [email protected]

Background Papers

Planning Application File Reference No. 1/12/9009

Electoral Division Identification

Wetheral - Mr NH Marriner

\\ccc-prdc-fp03\kendal$\Filing\planning\applications\carlisle\2012\1129009_New_Water_Bridlebridge,_Cumrew\DCandRReport.doc

Appendix 1 Ref No. 1/12/9009 Development Control and Regulation Committee – 2 October 2012

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010

Summary of Reasons for Grant of Planning Permission

1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies.

2 The key development plan policies taken into account by the County Council before granting permission were as follows:

National Planning Policy Framework

3. Supporting a prosperous rural economy

Supporting sustainable rural tourism and leisure development that benefit businesses in rural areas, communities and visitors and which respect the character of the countryside.

7. Requiring good design

Local Authorities should consider using design codes where they could deliver high quality outcomes. Although visual appearance and architecture are very important factors securing high quality and inclusive design goes beyond aesthetic considerations. Permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

11. Conserving and enhancing the natural environment

Great weight should be given to conserving landscape and scenic beauty in Areas of Outstanding Natural Beauty which have the highest status of protection in relation to landscape and scenic beauty. Local Authorities should aim to conserve and enhance biodiversity.

Cumbria Minerals and Waste Development Framework (CMWDF) Generic Development Control Policies (GDCP) 2009-2020

Policy DC 3 – Cumulative Environmental Impacts

Cumulative impacts will be assessed in the light of other land uses in the area. Considerations include – all environmental aspects including habitats and species and landscape character and impacts on local amenity, community health and recreation facilities and opportunities.

Policy DC10 – Biodiversity and Geodiversity Proposals that would have impacts on locally important biodiversity and geological conservation assets will be required to identify their likely impacts on

and also their potential to enhance, restore or add to these resources and to functional ecological and green infrastructure networks. Enhancement measures should contribute to national, regional and local biodiversity and geodiversity objectives and targets.

Policy DC 12 – Landscape

Proposal for development should be compatible with the distinctive characteristics and features of Cumbria’s landscape and should: avoid significant adverse impacts on the natural and historic landscape, ensure development proposals consider the effects on locally distinctive natural and built features, scale in relation to landscape features, public access and community value of the landscape, historic patterns and attributes and openness, remoteness and tranquillity.

Cumbria and Lake District Joint Structure Plan 2001-2016 – Saved Policies

Policy E37 – Landscape Character

Development and land use change should be compatible with the distinctive landscape characteristics and features of Cumbria’s landscape types and sub types. Proposals will be assessed in relation to: local distinctive natural or built features, visual intrusion or impact, scale in relation to the landscape and features, the character of the build environment, public access and community value of the landscape, historic patterns and attributes, biodiversity features, ecological networks and semi-natural habitats and openness and remoteness and tranquillity.

Carlisle District Local Plan 2001 -2016

Policy DP 7 – European Natura 2000 Sites

Except where there are imperative reasons of overriding public interest, proposals that would have an impact on a European Natura 2000 site will not be permitted unless it can be objectively demonstrated that they would be unlikely to have a significant adverse impact either alone or in combination with other plans or projects.

Policy DP 9 – Areas of Outstanding Natural Beauty

With the North Pennines and Solway Coast Areas of Outstanding Natural Beauty and their settings, permission will not be given for development that would harm the special characteristics and landscape quality of the areas. Development proposals must conserve or enhance the natural beauty of the areas, including scenic qualities, landform, ecology, geology, cultural interests and the historic environment so that these qualities can be enjoyed by present and future generations.

Policy CP 1 – Landscape Character

Proposals for development in the rural area must seek to conserve and enhance the special features and diversity of the different landscape areas. Development will be considered appropriate to the character of the landscape provided the proposal has regard to and conserves : the landform and natural patterns of

drainage, the patterns of trees and woodlands, the habitats or species or importance for wildlife, the pattern and composition of field boundaries, the pattern of historic landscape features and the pattern and distribution of settlements.

Policy CP 2 – Biodiversity

Proposals in both the rural and urban area should not harm the integrity of the biodiversity resource as judged by key nature conservation principles, and proposals should seek to conserve and enhance the biodiversity value of the areas which they affect. In areas where species protected under national and european legislation are most likely to occur, special account will be given to their presence in the consideration of development proposals.

Policy CP 5 – Design

All new development proposal will be assessed against the following design principles : respond to the local context and the form of surrounding buildings in relation to height, scale and massing and by making use of appropriate materials and detailing, taking into consideration and important landscape or topographical features and respect local landscape character, ensure all components of the proposal such are building, car parks, access routes, open space and landscape are well related to one another to ensure a well integrated successful and attractive development, ensure the retention and enhancement of existing trees, shrubs, hedges and other wildlife habitats where possible. Where environmental features are lost as a result of the proposal appropriate mitigation measures should be put in place and on site replacement of those features will be sought.

Policy CP 7 – Use of Traditional Materials

In order to sustain the local environment consideration will be given to local sourced traditional materials to maintain the local character of buildings and their environment.

Policy CP 13 – Pollution

Development will not be permitted where it would generate either during construction of on completion significant levels of pollution (from contaminated substances, odour, noise, dust, vibration, light, heat) which can not be satisfactorily mitigated within the development proposal or by means of planning conditions.

Policy LE2 – Sites of Special Scientific Interest

Development proposals within or likely to affect the nature conservation or geological interest of Sites of Special Scientific Interest will be subject to special scrutiny and will not be permitted unless : the reasons for the development clearly outweigh the nature conservation value of the site for which it is of special interest and therefore designated as part of the national series of SSSI’s or, the nature conservation interest of the site can be fully protected and enhanced by the appropriate use of planning conditions or obligations.

Policy LE4 – River Corridors

Permission will not be granted for development which are likely to have a

detrimental impact on nature conservation, public access, the quality of the landscape or recreational facilities within the river corridors. Opportunities for economic development in relation to the rivers will only be considered provided there is no adverse impact on wildlife habitats, species or natural process associated with or affecting the rivers.

Policy LC8 – Rights of Way

Carlisle City Council will seek to retain all existing footpaths, bridleways and other rights of way to establish new routes wherever possible. New development will seek to maintain the existing rights of way network and where possible local improvements and extensions will be sought as part of new developments. Proposals to close or divert existing rights of way will not be permitted unless an alternative route is available which is attractive, serves the same area and is not significantly longer than the original route.

3 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2 Ref No. 1/12/9009 Development Control and Regulation Committee - 2 October 2012

Conditions

Time Limits

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

Reason: To comply with Section 91 of the Town and Country Planning Act 1990

Approved Documents

2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following:

a. The submitted Application Form – dated 6 July 2012 b. Design and access statement – dated 6 July 2012 c. Construction method statement – dated 3 July 2012 d. Pre construction photographic record of work site – dated July 2012 e. Phase 1 habitat survey – dated June 2012 f. Flood risk assessment – dated 31 July 2012 g. Plans numbered: i) Site plan - 116001/112005/01 – dated June 2012 ii) Location plan – dated April 2012 iii) Site access plan - BW116001/112005/03 – dated June 2012 iv) General arrangement with details – E4403-1 – date 15 November 2011 v) General arrangement – BW116001/1120005/01 rev 1 – dated Sept 2012 h. Revised photomontage received – September 2012 i. The details or schemes approved in relation to conditions attached to this permission. j. This Decision Notice

Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

3. Prior to starting works on site, a survey for potential otter holts should be carried out continuing a reasonable distance (not less than 20 metres) upstream and downstream of the proposed bridge location. If potential holts are discovered further advice must be sought from Natural England before proceeding.

Reason: To prevent harm to protected otter holts.

4. All excavations deeper than 0.5m that will be left unattended overnight will be kept to a minimum. Where excavations must unavoidably be left open overnight they will be securely fenced with Herras fencing with an additional lower guard to prevent otters from entering the working area.

Reason: In order to prevent otters becoming trapped in deep excavations.

5. All building materials shall be stacked safely to prevent accidental collapse.

Reason: In order to prevent otters being trapped, injured or killed if exploring stockpiles of materials. 6. All plant will be checked by the operative daily before moving to ensure otters are not sheltering beneath.

Reason: To prevent harm to otters. 7. Satisfactory provision shall be made for the collection, treatment and disposal of all water entering or arising on the site, including an increased flow from the land to ensure that there shall be no pollution of watercourses by the approved operations.

Reason: To prevent any solid and / or water-soluble contaminants from entering the New Water River and / or neighbouring land.

8. Any fuel, lubricant or/and chemical storage vessel shall be placed or installed within an impermeable container with a sealed sump and capable of holding at least 110% of the vessels capacity. All fill, draw and overflow pipes shall be properly housed within the bunded area to avoid spillage. The storage vessel, impermeable container and pipes shall be maintained for the duration of the development.