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DEVELOPMENT CONTROL AND REGULATORY BOARD
21ST AUGUST 2003
REPORT OF THE DIRECTOR OF COMMUNITY SERVICES
COUNTY MATTER
SEVERN TRENT WATER LTD – CONSTRUCTION OF REED BED, CONSTRUCTION OF NEW VEHICULAR ACCESS AND ERECTION OF GRP CONTROL KIOSK – OWSTON SEWAGE TREATMENT WORKS, NEWBOLD ROAD, OWSTON (HARBOROUGH DISTRICT)
2003/0862/03 – 3rd June 2003
Location of Proposal
1. Owston STW (Sewage Treatment Works) is located approximately 100 metres north of Owston village on the western side of Newbold Road. The village is located in Harborough District, approximately 7km west of Oakham. The proposed site is located in an Area of Particularly Attractive Countryside (APAC) in the adopted Harborough District Local Plan.
Description of Proposal
2. Planning permission is sought for construction of a new reed bed, vehicular access and turning area on agricultural land adjacent to Owston STW. Permission is also sought for the erection of a GRP (Glass Reinforced Plastic) kiosk within the existing STW to house an effluent pump starter and controls. The reed bed and kiosk are required to control an intermittent discharge from the works.
3. The proposed reed bed would be 12.5 metres by 5.6 metres and would be constructed with a gravel surface adjacent to an existing discharge outfall. An existing wet well would be fitted with pumps to lift the effluent into the reed bed. There would be 600mm square paving slabs around the sides of the reed bed that would act as an access path around the reed bed and as a restraint for the liner of the bed. Paving slabs would also be used to create a pedestrian access between the existing works and the proposed reed bed. This access would require the removal of one small tree and perhaps some lopping of branches of other trees on the perimeter of the STW. Footpath C86, 65 metres to the west of the site, would not be affected by the proposals.
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4. Occasional vehicular access to the new reed bed would be required for maintenance purposes in the form of a small van approximately twice a year and a small lorry every several years. An access track and turning area would be constructed and an existing field gate entrance used to gain access to the reed bed. A new post and wire fence would be erected around the perimeter of the reed bed and access track/turning area. A temporary fence would be constructed around the contractors working space while the reed bed and track is under construction.
5. The kiosk would be sited in the existing STW compound, would measure 1.2 metres by 0.5 metres and be 1.5 metres high and have a dark green finish. It would be almost entirely screened from outside the site by mature vegetation.
6. The works would be undertaken over a three month period (likely to be October- December 2003) and would involve approximately four cars per day, four lorries when excavations are taking place and 5-10 lorry loads of gravel over a one week period. The likely route of the vehicles would be from Somerby in the north and south through Owston village.
Consultations
Harborough District Council – Planning
7. No objection to the proposal to use the land at the rear of the existing works as a reed bed, however, there is concern about the prominence and effect of the proposed new access and turning area. It is considered that it would be beneficial if this aspect of the scheme could be reconsidered. It is also considered beneficial if a condition could be imposed requiring all existing trees and hedgerows to be retained as although this is stated in the supporting statement with the application, it is not shown clearly on the submitted plans.
Harborough District Council – Environmental Health
8. Reply not received at the time this report was published
Owston and Newbold Parish Council
9. Reply not received at the time this report was published.
Director of Highways, Transportation and Waste Management
10. Recommend conditions be imposed relating to access surfacing, gradient, drainage, turning within the site, no obstruction to the adjacent footpath and prior to the commencement of the works the Contractor shall meet with the Southern Area Manager of Leicestershire Highways to carry out inspection of the road and agree to its condition and the contractor shall be responsible for all reasonable repairs required as a consequence of the works.
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Head of Heritage Services – (Ecology)
11. Data shows that there are bats immediately to the south of the site within the village church. If the proposals require the felling of trees we recommend that before works begin the trees be searched by a suitably trained and licensed person to ascertain whether or not bats and/or nesting birds are present. Whether or not the trees are being used as foraging ground for the bats or by nesting birds should also be noted and any necessary mitigation included in the report.
12. There is a badger sett approximately 200m to the north of the site. Heavy machinery should not be used within 30m of a sett without the appropriate licence having been procured by the applicant. Any excavations left unattended overnight are either covered or fitted with a series of ramps to allow trapped animals a means of escape.
13. There do not appear to be any sites of known ecological significance in the vicinity that are likely to adversely affected by the works.
14. We are pleased to note that the prime reason for the application is to request permission for an additional reed bed at the site. Reed bed habitat, if managed sympathetically is likely to provide feeding and nesting opportunities to a wide range of species. One of the objectives and targets within the Leicester, Leicestershire and Rutland Biodiversity Action Plan (LLR.BAP) is to create an additional 60ha of reed bed by 2005.
Head of Heritage Services – (Archaeology)
15. The Leicestershire and Rutland Sites and Monuments Record shows that the proposal will not require any archaeological work as there is no recorded archaeology within the development site.
Environment Agency
16. No objections but have the following comments:
The premises will be subject to the Control of Pollution (Oil Storage) (England) Regulations 2001 which apply to the storage of oil or fuel of any kind in any kind of container which is being used and stored above ground, situated outside a building and with a storage capacity which exceeds 200 litres. A person with custody or control of any oil or fuel breaching the Regulations will be guilty of a criminal offence. The penalties are a maximum fine of £5000.
English Nature
17. No objection.
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Publicity
18. The proposal has been advertised locally by site notices and individual neighbour letters on 20th June 2003. No representations have been received in the timescale prescribed.
Policy Considerations
19. The proposed site falls within an ‘Area of Particularly Attractive Countryside’, as shown on the Proposals Map of the Harborough District Local Plan (2001).
20. Policy EV/4 of the Local Plan suggests that proposals will be refused which would adversely affect the character and appearance of the landscape in the area of particularly attractive countryside. Where development is permitted conditions may be attached to ensure that the character and appearance of the landscape is maintained.
21. Policy EV/5 suggests that permission will be refused unless (inter alia):
• the development does not adversely affect the character and appearance of the countryside; • the development does not adversely affect the amenities of residents in the area; • any new buildings are sited in a position that minimises their impact on the landscape and on important views into and out of villages; • the design, materials, massing and bulk of any buildings should combine to minimise the impact on the character and appearance of the countryside and should maintain or enhance the distinctive local character of the landscape and the built environment; • satisfactory access can be provided without adversely affecting the character and appearance of the area
22. Policy IN/1 sets out the Standards of Development and suggests that new development will be granted which achieves a good standard of layout and design, is in keeping with the scale and character of its surroundings and when certain criteria are met. These criteria relate to development which is appropriate in height and scale; accords with the character of the area; makes the best use of the site; respects the privacy of nearby dwellings; provides appropriate landscaping; is appropriate in traffic and highway terms; has sufficient car parking; protects amenities of neighbours; provides adequate drainage; provides access for disabled people etc; respects wildlife habitats; minimises the opportunity for crime and promotes energy conservation.
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Assessment of Proposal
23. The proposals are required to address an intermittent discharge from Owston STW. The application site is shown on the Harborough District Local Plan as being within an Area of Particularly Attractive Countryside and is subject to Policy EV/4 and other relevant Policies of the Local Plan.
24. The reed bed would not adversely affect the character of the landscape being at ground level and set against the existing mature trees of the STW compound. It may provide a more diversified habitat for a wide range of species. It is not envisaged that the proposals would have any detrimental impact on recognised protected species. However, it could be required by condition that any excavations left unattended overnight are either covered or fitted with a series of ramps to allow otherwise trapped animals, such as badgers, a means of escape and the applicant could be reminded that a bats and nesting birds survey may be necessary for the one tree that is proposed to be felled.
25. This tree would be felled to allow for the construction of a footpath from the existing compound to the reed bed. A condition could be imposed to ensure no vegetation is affected by the proposals other than that indicated in the submitted details, which includes the felling of one small tree and the possible lopping of some branches of other nearby trees. The trees to remain unaffected should therefore be protected from damage by the applicant during construction works.
26. Both the temporary and permanent post and wire fences around the reed bed and proposed access would become largely invisible against the backdrop of mature trees when viewed from the footpath (C86) in the west. In addition, the applicant has agreed to plant a hedgerow of native species along the section of post and wire fence that would run alongside the access track north of the STW. This would also help to screen the access track and retain the existing appearance of the landscape, and help address concerns over the prominence of the proposed access. The applicant has also agreed to use cellular blocks for at least the first part of the track to prevent loose stones being deposited on the highway. Using cellular blocks allows grass to be seeded inside the blocks and reduce the visual impact of the track from the road.
27. The GRP Kiosk would not have a significantly adverse effect on the character or appearance of the landscape because of its small scale and it would be largely screened by existing mature trees that surround the existing STW compound. It would be visible from Newbold Road through the existing entrance of the compound, however it would have a dark green colour finish to help blend it in with the trees and therefore reduce its visual impact.
28. Consequently, given the nature and scale of the development it is unlikely to have an adverse impact on the APAC and is recommended for approval accordingly.
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Recommendation
Permit subject to the following conditions:
Conditions
1. The development hereby permitted shall be begun within five years from the date of this permission.
2. Unless otherwise agreed in writing by the Director of Community Services, the development hereby permitted shall be carried out in accordance with the details contained in the submitted application No. 2003/0862/03 and accompanying drawing no. 030011/C/003 C.
3. Within 3 months of being placed on site, the GRP Kiosk hereby permitted shall be treated and retained with a dark green external colour finish (BS4800 14 C 39).
4. None of the existing trees, shrubs or hedges on the site shall be damaged, destroyed, topped, lopped, uprooted or felled without the prior express consent in writing of the Director of Community Services, except where indicated in the submitted application No. 2003/0862/03.
5. Within three months of the date of this permission a landscape scheme for the proposed hedgerow shall be submitted to and approved in writing by the Director of Community Services. This scheme shall indicate the treatment proposed for all ground surfaces, together with the numbers, types, species of planted materials and their disposition.
6. The approved landscape scheme shall be carried out in the first appropriate planting season following the date of this permission and all planted material shall be suitably maintained and replaced as necessary by the applicant at the time for a period of not less than 10 years from the date of planting.
7. Before the development hereby permitted is commenced including site works of any kind, existing trees, shrubs or hedges on the site shall be protected by fences erected at a distance equivalent to not less than the existing spread of the branches from the trunk, in accordance with details to be agreed by the Director of Community Services. No materials whatsoever shall be stored, vehicles moved, rubbish dumped, fires lit or buildings erected within these fences; no changes in ground level shall be made within the spread of any tree, shrub or hedge without the previous written consent of the Director of Community Services. No tree shall be used as an anchorage, nor shall any item whatsoever be affixed to any retained tree. If any trenches for services are required in the fenced off area(s), they/it shall be excavated and backfilled by hand and any tree roots encountered with a diameter of 5 cms. or more shall be left unsevered.
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8. Any excavation left unattended overnight shall either be covered or fitted with a series of ramps so that an otherwise trapped animal has a means of escape.
9. The access drive and any turning space shall be surfaced with cellular blocks (not loose aggregate) and grassed inside the blocks for a distance of at least 5 metres behind the Highway boundary.
10. The gradient of the access drive shall not exceed 1:20 for the first 5 metres behind the Highway boundary. The maximum gradient may be relaxed to 1:10 at the discretion of the Highway Authority in cases of difficulty.
11. Drainage shall be provided within the site such that surface water does not drain into the Public Highway.
12. Turning facilities shall be provided within the site in order to allow vehicles to enter and leave in a forward direction.
13. Prior to the commencement of the works the Contractor shall meet with the Southern Area Manager of Leicestershire Highways and carry out an inspection of the Newbold Road in order to agree its condition and the contractor shall be responsible, upon completion of the works, for all reasonable repairs required as a consequence of the works.
Reasons
1. To comply with the requirements of Section 91 of the Town and Country Planning Act, 1990 and to enable the County Planning Authority to review the position at the end of this period.
2. For avoidance of doubt and to ensure a satisfactory form of development.
3,4 To ensure a satisfactory form of development and to safeguard the &5. appearance of the locality.
6. To ensure that the work is carried out within a reasonable period and is properly maintained.
7. To ensure that the proper steps are taken to safeguard the exisitng trees, shrubs and hedges during the course of construction of the development.
8. In the interests of the ecology of the area and to ensure account is taken of protected species.
9. To reduce the possibility of deleterious material being deposited in the highway (loose stones etc.)
10. To enable vehicles to enter and leave the highway in a slow and controlled manner and in the interests of general highway safety.
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11. To reduce the possibility of surface water from the site being deposited in the highway causing dangers to road users.
12. To ensure that vehicles may enter and leave the site in a forward direction, in the interests of road safety.
13. In the interests of highway safety and to ensure Leicestershire County Council is not liable for any damage to the highway resulting from this development.
Notes to Applicant
1. You are reminded that bats and nesting birds are protected by law under the Wildlife and Countryside Act 1981. Therefore any disturbance of bats and/or nesting birds occurring on planning application sites would constitute an offence under the law. It may be necessary to conduct a survey before works begin to ascertain whether or not bats and/or nesting birds are present in trees to be lopped or felled. Any presence/absence of bats and/or nesting birds should be noted and any necessary mitigation included in the report.
2. All works within the limits of the Highway with regard to the access shall be carried out to the satisfaction of the Southern Divisional Surveyor (telephone Sutton Elms 283341)
3. A public right of way (footpath C86) is adjacent to the site and this must not be obstructed or diverted without obtaining separate consent from Leicestershire County Council.
Policies and Proposals in the Development Plan Relevant to the Decision
Harborough District Local Plan, (February 2001):- Policies EV/4, EV/5 & IN/1
Circulation Under Sensitive Issues Procedures
Mr. S.J. Galton, CC
Officers to Contact
Miss R. Megee (Tel. 0116 265 7050) E-Mail: [email protected] ______
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DEVELOPMENT CONTROL AND REGULATORY BOARD
The considerations set out below apply to all preceding applications.
EQUAL OPPORTUNITIES IMPLICATIONS
Unless otherwise stated in the report there are no discernible equal opportunities implications.
IMPLICATIONS FOR DISABLED PERSONS
On all educational proposals the Director of Education and the Director of Resources will be informed as follows:
Note to Applicant Department
Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970 and the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984.
You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.
BACKGROUND PAPERS
Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.
SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990
Members are reminded that Section 54A of the 1990 Act requires that:
“Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”
Any relevant provisions of the development plan (i.e. the Structure Plan or any approved Local Plans) are identified in the individual reports.
The circumstances in which the Board is required to “have regard” to the development plan are:
Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices (the phrase occurs also in the new s. 172 which is substituted by the Planning and Compensation Act 1991, but not in the new provisions relating to planning contravention notices (new s. 171C) and breach of condition notices (new s. 187A); Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.
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