report
Nottinghamshire County Council meeting PLANNING AND LICENSING COMMITTEE date 21 AUGUST 2007 agenda item number 6 from: Strategic Director (Communities)
NEWARK AND SHERWOOD DISTRICT 3/07/00829/FULR3N
PROPOSAL: CONSTRUCTION OF A PERMISSIVE CYCLE ROUTE
LOCATION: DISUSED RAILWAY LINE BETWEEN CHURCH LANE, NORTH CLIFTON AND HARBY STATION, STATION ROAD, HARBY, NEAR NEWARK
APPLICANT: NOTTINGHAMSHIRE COUNTY COUNCIL COMMUNITIES DEPARTMENT
Purpose of Report
1. To consider a planning application for the construction of a new permissive cycle route between Church Lane, North Clifton and Station Road, Harby. The impact of the proposed route on the local ecology is the key issue in considering the application. Other important concerns are the effect of the route on the amenity and security of occupiers of adjacent land. The recommendation is to grant planning permission, subject to planning conditions.
The Site and Surroundings
2. The disused railway line is situated approximately 15km north of Newark within open countryside. The section of the railway line to which the planning application refers starts just east of Church Lane Bridge, North Clifton. From the bridge, the line extends approximately 360 metres east before passing under the bridge carrying Collingham Road (A1133). This section of the line is heavily covered with vegetation and is bordered by open agricultural land to the north and south. The boundaries of two residential properties positioned adjacent to the bridge abut the disused railway line. There is no fencing currently in place along the boundaries of these properties, although thick vegetation lines the southern boundary of The Willows.
3. The line then continues eastwards for approximately 800 metres between farmland before it passes under Wheatholme Lane Bridge and widens to around four metres. From the bridge the line passes a deep sided drain and copse of trees to the north, before reaching a residential property, The Gatehouse, lying north of the track. It appears that land associated with that
1 property is being used as a plant nursery, part of which has actually been extended beyond the boundary of the property and incurs onto the disused track.
4. The railway line then narrows and proceeds past Carr Farm to the south and beneath Moor Lane Bridge. From the bridge the line passes an area of woodland and a predominantly hawthorn hedgerow runs adjacent to the track. After passing two drains the line goes under Top Road Bridge, a brick built structure with a flat underspan, and then past two further drains. The final section of the former railway line enters the sidings at the disused Harby Station and connects with the existing Sustrans cycleway.
5. Harby Footpath 2 and Thorney Footpath 8 intersect the disused railway line while Thorney Bridleway 9-10 while not running across the track, connect to either side of it. Thorney Footpath 6 and North Clifton Bridleway 11 also run near to the track bed.
6. The entire section of the track bed extending from just west of the High Marnham Viaduct to Harby Station is within a Site of Importance for Nature Conservation (SINC). The SINC was designated due to its grassland and scrub habitat considered of high ecological value.
Background
7. This application is part of wider proposals for a surfaced trail that would carry pedestrians and cyclists between High Marnham and Harby and includes a crossing over the River Trent. The section of the route joins another proposed section of the cycle route which is part of a separate application (Reference Nos. 1/30/07/00005 and 3/07/00832/FULR3N) proposed between High Marnham Junction and Church Lane which is reported elsewhere on this agenda.
8. This application is linked to the Sherwood Living Legend BIG lottery bid and forms part of an expansion of the multi-use footpath network within Nottinghamshire. As part of this expansion it is proposed to provide 95 kilometres of new and upgraded multi-user routes and arterial crossings, linked to the national cycle network to create a total network of 250km (see Plan 2 for multi-user network map). The objective of the project is to create sustainable access to the Living Legend centre, forming links with major population centres, attractions in the wider area and with local villages.
9. The completed multi-user path network would extend from Sherwood Forest to major towns and cities in the region including Nottingham, Newark, Lincoln, Doncaster and Chesterfield. This application would form part of the route from Lincoln to Chesterfield connecting with existing local cycle lanes, National Cycle Network Route 64 and the National Byway.
Proposed Development
10. The application originally proposed a 2.5m wide cycle path along the disused railway track bed between Church Lane Bridge, North Clifton and Harby Station, Harby, as described above (see plan 1). Following consultation with NCC's Ecology Officer the proposed width of the path was reduced to
2 between 1.2m and 2m to minimise adverse impact on ecology within the SINC. The width of the disused railway track bed is up to 4m in width, thereby providing some scope to avoid the most sensitive ecological areas within the trackbed. The applicant has requested that the final line of the cyclepath within the disused railway track bed be subject to a planning condition as part of any planning permission issued.
11. The western end of the proposed cycle path would adjoin another proposed section of the Lincoln to Chesterfield cycle route, the subject of the separate application, just east of Church Lane Bridge, North Clifton.
12. The cycle path would extend eastwards along the disused railway track bed, passing beneath several brick built bridges, none of which would require adapting or improving to accommodate the path, before joining the existing Sustrans cycle path at Harby Station.
13. As the definitive line of the route has not been confirmed within the red line boundary for conservation reasons as stated above, no plans have been submitted showing the location of any proposed fencing and gates to enclose the path. The applicant however proposes to erect fencing where it is genuinely needed for safety reasons or to prevent unauthorised access to adjacent properties.
14. The cycle path would be constructed from stone with a tar spray and chip finishing. The land upon which the railway track bed is situated is owned by Network Rail and Sustrans (Railway Paths), and the applicant has engaged with the landowners and gained full support for the proposal.
Consultations
15. Newark and Sherwood District Council support the proposal.
16. Harby Parish Council support the application but would like to see the lupines adjacent to Harby Station preserved.
17. North Clifton Parish Council support the proposal, but suggest that it may be beneficial to have an access ramp leading from the proposed cycle path on to Church Lane so that users of the cycle path could visit North Clifton more easily. The Parish Council would also like to see provision for pedestrians and cyclists along Church Lane, who currently have to share a single carriageway with cars. A further concern is that the cycle path could assist those engaged in criminal activity, by providing improved access between the local villages and increasing the exposure of properties. The Parish Council state that improper use of the proposed path by quad bikes and scrambler bikes is another potential negative impact and that steps should be considered to mitigate such impacts.
18. NCC Conservation (Ecology) Team highlight the importance of the application site as a SINC and request that additional ecological survey work be conducted in the first available survey season after the granting of any permission, together with a survey ‘update’ conducted in the season immediately prior to the commencement of development.
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19. They request that conditions be attached to any permission requiring details to be submitted in relation to the definitive line of the cycle path route, any changes in the width of the cycle path along the route, measures for the protection of notable botanical species along the fringes of the construction corridor and the contractors’ site working arrangements. It is recommended that the details provided be guided by the conclusions of any additional survey work.
20. To mitigate any impact upon the SINC, compensation measures should be submitted for approval prior to the commencement of development. Specifically, it is suggested that a plan be submitted identifying areas of low ecological value along the cycle path route which can act as receptors for habitat creation or improvement, thereby offsetting lost habitat within the SINC.
21. To ensure the protection of nesting birds, no vegetation clearance should be undertaken between March and August (inclusive), unless it can be shown that there will be no impact. Finally a management plan for all areas of the application site should be produced within the first six months of completion of the development site and submitted to the CPA for its approval.
22. Nottinghamshire Wildlife Trust (NWT) object to the proposal subject to several areas of concern being addressed. Firstly, NWT request that, in accordance with Planning Policy Statement 9 (PPS9), further ecological survey work be undertaken identifying the presence of reptiles, birds, bats, badgers and the Grizzled Skipper butterfly. A comprehensive botanical survey of the whole cycle path route is also requested to identify any rare or scarce botanical species. The results of the survey work should guide the definitive line of the route and any required narrowing of the cycle path in the most sensitive ecological areas. NWT are concerned at any loss of habitat within the SINC and would expect that losses incurred due to the proposed development would be mitigated by the commitment to the provision of compensatory habitat at a ratio of at least 3:1 and preferably 10:1.
23. NCC Countryside Access (Rights of Way) Team support the proposal.
24. NCC Conservation (Archaeology) Team do not wish to comment on the proposal.
25. NCC Conservation (Forestry and Arboriculture) state that there are several trees along the route which may have roots under the proposed cycle path. It is suggested that to protect these roots, a no-dig method of construction is employed. The NCC Forestry and Arboriculture unit also request that a condition be imposed requiring a tree survey to be conducted along the length of the cycle route to mitigate the impact of the proposed cycle path and ensure the protection of bordering trees.
26. The Environment Agency raise no objection.
4 27. Crime Prevention give advice relating to the possible crime implications of cycle paths in general. The recommendations they make are discussed in the ‘Crime and Disorder Implications’ section below.
28. The Ramblers Association support the proposal.
29. Railway Paths raise no objections in principle, but request that both they and Sustrans be consulted prior to the commencement of any development to approve the construction details, since the development is to be constricted on land within their ownership. They also assert that although they are the landowners, construction of the path along with continued maintenance are to be undertaken at the expense of Nottinghamshire County Council.
30. Central Networks raise no objection.
31. Newark Area Internal Drainage Board state that as the development would cross several of their watercourses any works within nine metres of the banks of these watercourses would require their consent.
32. Wigsley Parish Council, Thorney Parish Council, the Local Member, Severn Trent Water Ltd., National Grid, British Horse Society (Nottinghamshire), Government Pipelines, Cyclist Touring Club have not responded. Any response received will be reported orally.
Publicity
33. The application has been publicised by means of six site notices and a press notice advertising the development as affecting a right of way. Eleven notification letters were sent to the nearest occupiers in accordance with the County Council’s adopted Statement of Community Involvement. One letter has been received raising the following observations:
34. A resident whose property abuts the existing railway track bed for approximately 600 yards, while supporting the proposed cycle path in principle, is concerned that the development of the proposed cycle track along their boundary would encourage people to cycle through their property impinging upon their security and causing safety issues.
This issue is considered in the Observations Section of this report.
Highway Observations
35. No highway objections have been raised.
Observations
Introduction
36. The proposed cycle path forms part of the Sherwood Living Legend Big Lottery Bid. The path, intended for use by cyclists and pedestrians, aims to provide a more convenient, traffic free route across the River Trent
5 supplementing the existing network of multi-user footpaths throughout Nottinghamshire.
Central Government Transport Policy
37. Government Policy on transport is set out within Planning Policy Guidance Note 13: Transport (PPG13). The key objectives of PPG13 are to promote more sustainable transport choices, reduce the need to travel especially by car, and promote accessibility to jobs, shopping, leisure facilities and services by walking and cycling. Since the current proposal provides safe cycle and walking routes it would encourage more sustainable transport patterns and therefore fully complies with the objectives of PPG13.
Development Plan Policy relating to the Provision of Multi-User Paths
38. Policy 6/3 of the Nottinghamshire and Nottingham Joint Structure Plan (JSP) encourages the provision and improvement of public rights of way and recreational routes with particular priority given to developing routes linking urban areas to the countryside.
39. Policy T18 of the Newark and Sherwood Local Plan (NSLP) supports the extension and improvement of the cycling network across the District. The policy specifically states: “In co-operation with Nottinghamshire County Council and landowners, the District Council will seek to secure a safe network of pedestrian and cycle routes, taking account of recreational needs.”
40. Policy T19 of the NSLP also encourages the provision of a safe network of roadside and off-road routes for horse riders.
Development within the Countryside
41. The development of recreational facilities including the development of multi- user paths is considered as appropriate development within the countryside under JSP Policy 2/10 and NSLP Policy NE1.
42. In addition to being a recreational asset to the surrounding countryside, the proposed cycle path would enhance connections between local villages and, in association with separate proposals, on either side of the River Trent. The imposition of planning conditions could ensure that the development would have minimal impact upon the ecology and visual amenity of the surrounding countryside.
New Tourism Development
43. Central Government guidance on tourism issued as part of the Department of Communities and Local Government’s publication ‘Good Practice Guide on Planning for Tourism’ recognises the potential economic, social and environmental benefits of good quality sustainable tourism development. Policy TO1 of the NSLP reflects Government policy, stating:
“Planning permission will be granted for tourist attractions and services provided that the scale and nature of what is proposed reflects the
6 historic, architectural or environmental character and importance of the area concerned.”
44. The improvement of the multi-user footpath network would enhance the tourist attractions and services across north Nottinghamshire and beyond as part of wider proposals. This proposed section of cycle path would assist the County Council in providing a sustainable transport network which links the main tourist attractions and major settlements across the County as well as providing a longer distance cycle path which would be a tourist attraction in its own right. Government tourism policy and NSLP Policy TO1 therefore supports the development.
Ecological Impacts
45. The entire route of the proposed cycle path is designated as a Site of Importance for Nature Conservation (SINC – Marnham to Harby Dismantled Railway 5/133). To assess the potential ecological impact of the development on the SINC a preliminary ecological assessment has been prepared to support the planning application. This assessment has been compiled using information gathered from a desk top survey of existing ecological data and a habitat assessment compiled following a systematic walkover of the site undertaken in March 2007. This assessment indicates that the route of the proposed cycle path could give rise to several potential impacts on local flora and fauna species. Protected species which may potentially be affected include badgers, bats, reptiles, breeding birds, Grizzled Skipper butterflies and Barn Owls. The assessment recommends further survey work should be undertaken at a more appropriate time of the year to provide more detailed information of the habitat and potential impacts. This baseline survey should then be used to select the precise route that ensures potential ecological impacts are avoided, mitigated or compensated. This further survey work suggested within the preliminary ecology assessment has not yet been undertaken.
46. Central Government guidance relating to ecology is contained within Planning Policy Statement 9: Biodiversity and Geological Conservation (PPS 9). One of the key principles of PPS 9 is that planning decisions should be based on up to date information about the environmental characteristics (including biodiversity) of the area.
47. PPS 9 is supported by a Good Practice Guide. Paragraph 5.10 of this guide confirms the importance of the development control system in ensuring biodiversity and protected species are assessed and protected at the time a planning decision is made. Paragraph 5.11 advises that prior surveys are particularly critical where there is a reasonable likelihood of protected species or Biodiversity Action Plan (BAP) species being present and at risk from the development. The practice guide refers to Government Circular 06/2005: Biodiversity and Geological Conservation - Statutory obligations and their impact in the planning system. This circular sets out in detail the practice planning authorities should follow where development is likely to have an impact on ecology. Paragraph 99 of this circular envisages that ecological surveys would normally be carried out prior to the grant of planning permission, however it specifically provides that this can be left for coverage under planning conditions in exceptional circumstances which are not defined.
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48. The preliminary ecological assessment confirms that there is a reasonable likelihood that protected species and BAP habitats are present and at risk from the development, it therefore follows under the above guidance that the Council would ideally have full surveys of ecology and potential impacts prior to determining this planning application. These surveys have not yet been undertaken. Due to the seasonal nature of the ecology under consideration the earliest the ecological information could be available is summer 2008.
49. It therefore follows that should the Council wish to consider granting planning permission for the development at this stage it must be on the basis exceptional circumstances exist.
50. The proposed cycle route is an integral part of a larger package of schemes which are seeking funding from the Big Lottery under the Living Legend project. As part of the process of deciding which schemes are finally selected for public voting, the applicant advises the Big Lottery need assurances that schemes are deliverable. One of the main tests as to whether a scheme is deliverable is whether it has planning permission. Schemes that do not have the benefit of planning permission are therefore less likely to progress forward to the public vote, thereby missing out on funding and resulting in the route not being developed. Should the Council defer a decision pending the submission of ecological surveys until summer 2008 then the proposed route would miss the deadline for submission of lottery funding and the cycle route would be much less likely to be constructed. Furthermore the omission of this route from the Living Legend project as a whole may weaken the integrity of the overall bid for the visitor centre and other associated routes and the wider community benefits which they offer would also potentially be lost as a consequence.
51. Whilst clearly the external deadlines for selection of the scheme for funding is not a planning consideration, the community benefits provided by the scheme are. Should the scheme fail to be funded the wider community benefits provided by the cycle route and Living Legend Project in terms of it encouraging sustainable transport, tourism, recreation and increased access to the countryside would be lost. These benefits are demonstrated within a study undertaken by Sustrans, as part owner of the disused railway land, in partnership with the University of Central Lancaster. The study predicts that the Lincoln to Sherwood section of the network, which the proposed cycle path would form part of, would generate approximately 178,000 users and £818,000 direct spending per annum. Furthermore, the cycle network would supplement an already well established network, as to the west of High Marnham existing highways, either public rights of way or roads, provide a continuous connection between High Marnham and Sherwood, while to the east the proposed route would link to the existing Sustrans cycle path completed in an earlier project.
52. The external deadlines therefore have a direct link to whether the community benefits of the scheme are delivered and could constitute exceptional circumstances in terms of Circular 06/2005 guidance to support the Council determining this application without protected species surveys having been submitted.
8 53. Should the Council resolve to determine this application without being in possession of habitat surveys it must be satisfied that exceptional circumstances exist and that adverse impacts are addressed through planning conditions. Any such planning conditions must be worded to ensure that no development commences until such time that full survey work has been undertaken and avoidance, mitigation and compensation of any species or habitats has been agreed. Furthermore, the applicant must be made aware that if species or habitats were discovered which couldn’t be satisfactorily avoided, mitigated or compensated then it would preclude the development progressing. This approach would ensure that the requirements of Policy 2/4 of the JSP is complied with. This policy states:
“Development likely to have an adverse effect on a Regionally Important Geological Site, a Site of Importance for Nature Conservation or a Local Nature Reserve will not be permitted unless it can be clearly demonstrated that there are reasons for the proposal which outweigh the need to safeguard the nature conservation value of the site.
Where planning permission is granted, harm to the nature conservation interest must be minimised and conditions will be used and/or planning obligations will be sought to provide appropriate mitigation and compensation measures.”
54. Policy NE13 of the NSLP concurs with Policy 2/4 of the JSP. Policy NE17 of the NSLP stresses that planning permission should not be granted unless provision is made to protect affected species and their habitats.
55. Planning conditions requiring survey work to be undertaken prior to the commencement of the proposed development should identify any habitats of high ecological value along the route and any protected species that may be affected. As the proposed route of the cycle path has yet to be fixed within the width of the disused railway track bed, the information collected by survey would be used to determine its definitive line within this linear corridor and direct the route away from the areas of nature conservation interest. Survey work would also establish where the cycle path should be narrowed to reduce impacts at particularly sensitive locations.
56. Upon submission of this information the views of Natural England would be sought if protected species were affected in line with the circular guidance. To protect nesting birds it is suggested that a condition be attached to any grant of planning permission prohibiting vegetation clearance within the bird breeding season.
57. A key principle of PPS9 is that where any unavoidable impacts upon nature conservation interests are incurred, compensatory measures shall be sought. Although the mitigation measures required by conditions could reduce any adverse impacts on habitat quality along the cycle path route, it is inevitable that some areas of the SINC may be damaged or lost due to the footprint of the cycle path. Therefore, planning conditions are suggested which require the identification and setting aside of areas of low ecological value within the site boundary, which would be used as receptors for habitat creation or improvement. Although Nottinghamshire Wildlife Trust request that compensatory habitat be provided at a ratio of at least 3:1 against the habitat
9 lost, there are no statutory guidelines stating the level of compensatory habitat which must be provided. The County Planning Authority in consultation with the Natural England would consider any compensatory measures according to what is reasonable for this particular application.
58. Policy 2/6 of the JSP states that provision for the long-term management and monitoring of wildlife habitats should be made. To ensure the continued maintenance of both the existing habitats along the proposed cycle path route and those which are created or improved, a condition should be imposed on any planning permission requiring a landscape management plan, detailing a list of management objectives and a maintenance schedule for all land acquired leased or managed by or on behalf of Nottinghamshire County Council within the application site.
59. The NCC Forestry and Arboriculture unit note that the proposed cycle path could cause root damage to several trees along the route and recommend that a tree survey is conducted prior to the commencement of development. The tree survey condition could be used to help guide the route away from the root spread of trees and, in the event that trees are likely to be affected, provide a methodology for their protection.
Residential Amenity
60. With regards to the impact of the proposed cycle path on residential amenity, there are eleven properties within close proximity of the proposed cycle path and one resident has raised concerns over the proposed route. The occupier of Station House, North Clifton, which lies adjacent to the A1133 (Main Road) has raised concerns that the proposed cycle path would introduce safety and security issues along his property, with people leaving the path and crossing his land unauthorised. The property would share its northern boundary (approximately 600 yards in length) with the proposed cycle path. The applicant in responding to these concerns, has agreed with the resident to construct fencing along the exposed northern boundary of the property. It is intended that a 40 long metre timber close boarded fence (1.2 metres high) would be erected, which would extend east and adjoin a further 130 metres of proposed timber post and rail fencing.
61. It is suggested that a condition be attached to any grant of permission, requiring the applicant to submit details of all fencing and gates along the proposed cycle path route and for the approved fencing and gates to be erected prior to the cycle path first coming into use. This would ensure that suitable fencing along the boundary of Station House would be erected, in addition to any other fencing and gating where there is a genuine health and safety or security need for it along the cycle path route. In accordance with Policy DD1 of the NSLP which seeks, amongst other controls to protect residential amenity, and DD4 which seeks to secure good design.
62. The direct visual impact of the proposed cycle path on local residents and the surrounding countryside would be negligible as the tar spray and chip finish path should blend in with its natural surroundings. However, a condition is suggested requiring details of the surface finish and in particular its colour to ensure it is fully sympathetic to its countryside setting. The partial loss of SINC habitats due to the development of the cycle path would be detrimental
10 to the attractiveness of the area, but the suggested ecological conditions should mitigate any loss and maintain or even enhance the visual amenity of local residents. The cycle path would also be of recreational benefit for local residents.
63. The issues relating to the potential crime implications for local residents caused by the proposed cycle path are discussed below.
64. North Clifton Parish Council suggest that it may be beneficial to install a ramped access point onto Church Lane so that users of the cycle path can take advantage of the attractions in both North Clifton and South Clifton and the Parish would also like to see provision of a footway for local residents along Church Lane. While there are currently no proposals for access or highway improvements along Church Lane, the applicant discussed options and funding possibilities for the improvements with North Clifton Parish Council members at the Parish AGM in June 2007. This issue is to be reviewed at a later date.
Construction Arrangements
65. To ensure that the construction phase of the development would cause minimal disruption to the local ecology and residential amenity, it is recommended that a condition be attached to any grant of planning permission requiring specific details of the contractors’ site working arrangements to be submitted prior to the commencement of the development. The location of any works compound, machinery and materials store and the construction corridor and points of access onto the site would be clearly defined and such arrangements should be guided by the findings of the aforementioned surveys to make certain that any important ecological areas not directly affected by the cycle path itself are adequately protected during the construction phase.
66. To keep potential noise disturbance to local residents to a minimum during construction, a condition is recommended which controls the hours of operation to between 08.00hrs to 18.30hrs on weekdays and 09.00hrs to 13.00hrs on Saturdays. Works should be prohibited on Sundays, Public or Bank Holidays.
Human Rights Act Implications
67. The relevant issues arising out of consideration of the Human Rights Act have been assessed in accordance with the Council’s adopted protocol. Rights under Article 8 and Article 1 of the First Protocol are those to be considered. In this case there is potential for impacts on residential amenity and security of property. However, the suggested conditions require the erection of fencing to mitigate any adverse impacts. On balance impacts after mitigation are considered to be limited and these need to be balanced against the wider recreational and tourism benefits. Members will need to consider whether these benefits would outweigh the potential impacts.
Statutory and Policy Implications
11 68. This report has been compiled after consideration of implications in respect of finance, equal opportunities, personnel, Crime and Disorder and users. Where such implications are material, they have been brought to out in the text of the report. Attention is, however, drawn to specifics as follows:-
Crime and Disorder Implications
69. The Crime Prevention Officer raises several comments which relate to the general construction of cycle paths along disused railway lines and not to this application specifically. The first recommendation is that access be restricted to prevent the illegal use of the cycle path by motorcycles, which form an obvious hazard to pedestrians, cyclists and horse riders. Although illegal motorcycle use tends to be less prevalent in rural areas when compared with inner city and suburban locations, the proposed cycle path would form a long and predominantly straight stretch of surfaced track which could form an attraction for motorcyclists. The potential for anti-social use of the proposed path by motorcycles is also a concern raised by North Clifton Parish Council. It is therefore suggested that a condition be attached to any granted planning permission requiring provision of suitable measures to restrict unauthorised access by motorcyclists.
70. Another recommendation by Crime Prevention is that vegetation be cut back three metres on either side of the cycle path to increase surveillance of the route and reduce the opportunity for crime. It is considered however that to clear six metres of vegetation would be excessive, especially for the location in which that the proposed cycle path is set and would be detrimental to ecological interests and the SINC designation.
71. To prevent possible crime being committed against those properties adjacent to the proposed cycle path route, it is also suggested by the Crime Prevention officer that fencing be erected along the perimeter of those properties most vulnerable to attack. This issue has already been discussed in the Residential Amenity section above.
Conclusions
72. National and local policy gives strong support for the improvement and extension of the multi-user footpath network within Nottinghamshire. The path would provide a welcome addition to the recreational routes across the county, regenerating the disused railway track bed and, coupled with parallel proposals reported elsewhere on this agenda, offering a sustainable transport link across the River Trent.
73. The scheme has potential to affect protected species, a SINC and BAP habitats. Although these impacts have been considered within a preliminary ecological assessment, full habitat surveys have not yet been undertaken. Guidance within PPS 9 and Circular 06/2005 strongly encourages the submission of all ecological surveys prior to the determination of the application. However, the guidance provides scope in ‘exceptional circumstances’ to determine applications without the submission of full habitat surveys subject to ecological interests being protected through planning conditions. In this particular case it is concluded that exceptional circumstances do exist in so far that if the scheme does not obtain planning
12 permission at this time it is almost certain that funding would be lost and with it the wider community benefits provided by the development in terms of it encouraging sustainable transport, tourism, recreation and increased access to the countryside. The suggested planning conditions will ensure that the impacts on protected species, local ecology and the SINC are avoided or mitigated as far as possible and where impact is unavoidable, offset through the implementation of compensatory measures such as habitat improvement or creation.
74. Given the rural location of the cycle path, it is considered that any impact on residential amenity would be minimal. However, the recommended conditions should control the noise disturbance and any other impacts caused during construction and provide adequate deterrent to any potential criminal activity arising from the development.
Statement of reasons for the decision
75. The development of such multi-user footpaths and the extension of the County cycle path network has strong policy support from both the Bassetlaw and Newark and Sherwood Local Plans and the Joint Structure Plan. The path would promote sustainable transport by supplementing the existing multi-user footpath network across Nottinghamshire and would also promote recreational and tourism links within the local area. The County Council is of the opinion that any potential impacts upon the Site of Importance for Nature Conservation and on the amenity of nearby residents would be reasonably mitigated by the imposition of the attached conditions.
RECOMMENDATION
76. It is RECOMMENDED that planning permission be granted for the purposes of Regulation 3 of the Town and Country Planning General Regulations 1992 subject to the conditions set out in Appendix 1. Members need to consider the issues, including the Human Rights Act issues, set out in the report and resolve accordingly.
MICK BURROWS Strategic Director (Communities)
Legal Services’ Comments
This decision is within the Committee's delegated powers. [BB 13.8.07]
Financial Comments of the Strategic Director (Resources)
The report deals with the planning application and has no direct financial implications. [DJK 8.8.07]
Background Papers Available for Inspection
13 1. Memo from NCC Conservation (Archaeology) Team received on 6 June 2007. 2. Letter from Newark Area Internal Drainage Board dated 6 June 2007. 3. Letter from Central Networks dated 7 June 2007. 4. Email from agent for the application received on 12 June 2007. 5. Email from Ramblers’ Association received on 14 June 2007. 6. Memo from NCC Highways (Newark and Sherwood Area) received on 14 June 2007. 7. Memo from NCC Countryside Access (Rights of Way) Team received on 15 June 2007. 8. Letter from the Environment Agency received on 15 June 2007. 9. Letter from Harby Parish Council received on 22 June 2007. 10. Letter from the occupier of Station House, Main Road, North Clifton, Nottinghamshire dated 21 June 2007. 11. Letter from the Crime Prevention and Architectural Liason Officer (Newark and Sherwood Area) received on 26 June. 12. Letter from Railway Paths Ltd dated 26 June 2007. 13. Email from agent for the application received on 29 June 2007. 14. Letter from Newark and Sherwood District Council dated 27 June 2007. 15. Email from NCC Conservation (Ecology) received on 5 July 2007. 16. Letter from Nottinghamshire Wildlife Trust dated 12 July 2007. 17. Email from agent for application received on 18 July 2007. 18. Memo from NCC Conservation (Ecology) dated 18 July 2007. 19. Email from North Clifton Parish Meeting received on 31 July 2007.
Electoral Division(s) and Member(s) Affected
Collingham Cllr Vincent Dobson
PSP.DK/RH/ep5055 3 August 2007 (10.8.07) (13.8.07)
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APPENDIX 1
RECOMMENDED PLANNING CONDITIONS
Commencement
1. The development hereby permitted shall be begun within 3 years from the date of this permission.
Reason To comply with the requirements of Section 91 (as amended) of the Town and Country Planning Act 1990.
2. The County Planning Authority (CPA) shall be notified in writing of the date of commencement at least 7 days, but not more than 14 days, prior to the commencement of the development.
Reason To enable the CPA to monitor compliance with the conditions of the planning permission.
Approved Plans
3. The development hereby permitted shall only be carried out in accordance with the following documents, unless otherwise agreed in writing with the CPA, or where amendments are made pursuant to the other conditions below:
a. Planning application forms and supporting statement received by the CPA on 14 June 2007.
b. Drawing No. LR/JH09930/14 – ‘Church Lane - Harby, Line of Proposed Permissive Cycle Route’ received by the CPA on 30 May 2007.
c. Drawing No. LR/JH09930/11 – ‘Standard Details’ received by the CPA on 30 May 2007.
Reason For the avoidance of doubt.
Ecological Constraints
4. No development shall take place until a survey has been undertaken by a suitably qualified ecologist, a report of the survey submitted and approved in writing by the CPA (in consultation with Natural England) to identify the presence of any badgers, reptiles, bats, breeding birds, barn owls, Grizzled Skipper butterflies or other protected species on the site. The survey work shall be conducted in the appropriate survey season for each species immediately prior to commencement of the development. In the event that any badgers, reptiles, bats, breeding birds, barn owls, Grizzled Skipper butterflies or other protected species are identified, the survey report shall include a scheme of avoidance, mitigation and/or compensation measures to protect any such species affected by the development and should be used to guide the definitive line of the cycle path route. The approved scheme shall only be implemented in accordance with the approved mitigation measures.
15 Reason In the interest of nature conservation and to accord with PPS9, Policies 2/4 and 2/5 of the Nottinghamshire and Nottingham Joint Structure Plan and Policy NE17 of the Newark and Sherwood Local Plan.
5. No development shall take place until a botanical survey has been undertaken by a suitably qualified ecologist to identify locations of rare or scarce botanical species, including those identified on the SINC citation sheet for the site, and to provide a map of areas of low quality habitats which could be used for habitat creation or improvement. A report on the survey findings shall be submitted to the CPA for its approval in writing prior to the commencement of development. In the event that any rare or scarce botanical species are identified, the survey report shall include a scheme of mitigation and/or compensation measures to protect any such species affected by the development and should be used to guide the definitive line of the cycle path route. The approved scheme shall be implemented in accordance with the approved mitigation and/or compensation measures.
Reason In the interest of nature conservation and to accord with PPS9, Policies 2/4 and 2/5 of the Nottinghamshire and Nottingham Joint Structure Plan and Policy NE17 of the Newark and Sherwood Local Plan.
6. Prior to commencement of the development hereby permitted, details shall be submitted to the CPA for its written approval of the measures to be taken to protect all retained trees from damage during the course of the development. The means of protection shall accord with the provisions set out in British Standard BS 5837:2005 entitled ‘Trees in Relation to Construction’ (or as may be subsequently amended) and shall include:
i) A plan to define all trees to be retained including means of protection and those identified for removal;
ii) Measures to prevent the disturbance, raising or reduction in soil levels within the area of the root spread of trees to be retained;
iii) Measures to prevent the storage and placement of materials or the movement of plant machinery in the protected area(s).
The means of protection shall be implemented in accordance with the approved details prior to any equipment, machinery or materials being brought onto the site for the purpose of the development and shall be retained on site until all plant, machinery equipment and surplus materials have been removed from the site. No excavation shall be made within the protected area(s) without the prior written approval of the CPA.
Reason In the interest of nature conservation and to accord with Policy DD1 of the Newark and Sherwood Local Plan.
7. Prior to the commencement of the development hereby permitted, details shall be submitted to the CPA for its written approval of areas within the site boundary that shall be set aside for habitat improvement or creation. The details shall specify the following:
a. the location of such habitat improvement or creation works
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b. the existing ecological value of these areas
c. the objective of habitat improvement or creation works
d. a method statement outlining how improvement or creation works will be undertaken
The development shall be implemented in accordance with the approved details.
Reason In the interest of nature conservation and to accord with PPS9, Policy 2/4 of the Nottinghamshire and Nottingham Joint Structure Plan and Policy NE17 of the Newark and Sherwood Local Plan.
8. All vegetation clearance works shall take place outside the bird nesting season (March to August inclusive), unless otherwise agreed in writing by the CPA.
Reason In the interest of nature conservation and to accord with Policy NE17 of the Newark and Sherwood Local Plan.
9. Within six months of completion of the development hereby permitted, a landscape management scheme for all land acquired leased or managed by Nottinghamshire County Council within the boundaries of the application site shall be submitted to the CPA for its approval in writing. The scheme shall include the following details:
a. an evaluation of the site including an evaluation of the nature conservation interest;
b. a description of management objectives for the site;
c. a list of management proposals and rationale;
d. a list of management prescriptions, including, but not limited to;
i) a timetable and methodology for vegetation clearance along the approved cycle path route;
ii) a schedule of habitat maintenance.
The scheme shall be implemented in accordance with the approved details.
Reason In the interest of nature conservation and to accord with Policy 2/6 of the Nottinghamshire and Nottingham Joint Structure Plan.
Definition of the Proposed Route
10. No development shall take place until details of the definitive line of the cycle path route have been submitted to and approved in writing by the CPA. The line of the cycle path shall be guided by the survey work conducted in accordance with Conditions 4, 5 and 6 and shall be selected to reduce
17 negative impacts on biodiversity as far as practicable. Development shall be carried out in accordance with the approved details
Reason In the interest of nature conservation and to accord with Policy NE17 of the Newark and Sherwood Local Plan.
11. The cycle path hereby permitted shall have a maximum width of 2 metres and a minimum width of 1.2 metres. The width of the cycle path shall be guided by the survey work conducted in accordance with Conditions 4, 5 and 6 and shall be selected to reduce negative impacts on biodiversity as far as practicable.
Reason In the interest of nature conservation and to accord with Policy NE17 of the Newark and Sherwood Local Plan.
Contractors’ Access and Site Working Arrangements
12. Prior to the commencement of the development, as notified under Condition 2 above, details of contractors’ access and site working arrangements shall have been submitted to and approved in writing by the CPA. The details shall specify the following:
a) The size and location of any works compound;
b) The number, size (including height) and location of all contractors’ temporary buildings;
c) The location(s) of passing places and means of access to the site and routeing for construction traffic;
d) Temporary measures to ensure minimal intrusion upon protected flora and fauna species identified in accordance with Conditions 4 and 5.
e) The location(s) of all machinery and materials stored on site;
f) Provision for contractors’ parking;
g) Temporary means of enclosure and demarcation of the site operational boundaries, to be erected prior to the commencement of construction operations in any part of the site and maintained for the duration of construction operations;
h) Measures to ensure that no vehicles shall leave the site in a condition whereby mud, clay or other deleterious materials are carried onto the public highway;
The development shall be carried out in accordance with the approved details.
Reason In order to minimise disturbance due to construction operations and in the interest of amenity.
13. Unless in emergency, or as otherwise previously agreed in writing by the CPA, the construction of the development hereby permitted shall only take place between the hours of 08.00hrs and 18.30hrs on weekdays and between
18 09.00hrs and 13.00hrs on Saturdays. No construction work shall be carried out on Sundays, Public or Bank Holidays.
Reason To safeguard the amenity of nearby residents in accordance with Policies DD1 and DD4 of the Newark and Sherwood Local Plan.
Submission of Further Details
14. No development shall take place until details of all fencing and gates along the property boundary of Station House, Main Road, North Clifton and the wider cycle path route have been submitted to and approved in writing by the CPA. The fencing and gates shall be erected prior to the cycle path first coming into use in accordance with the approved details.
Reason To safeguard the amenity of nearby residents and to ensure good design in accordance with Policies DD1 and DD4 of the Newark and Sherwood Local Plan.
15. Prior to the commencement of the development, as notified under Condition 2 above, details of the measures to restrict unauthorised access along the multi- user footpath by motorbikes shall have been submitted to and approved in writing by the CPA. The development shall be carried out in accordance with the approved details.
Reason In the interest of crime prevention and to accord with Policies DD1 and DD4 of the Newark and Sherwood Local Plan.
16. No development shall take place until details of the cycle path surface, including colour, have been submitted to and approved in writing by the CPA. Development shall be carried out in accordance with the approved details.
Reason In the interest of visual amenity and to accord with Policies DD1 and DD4 of the Newark and Sherwood Local Plan.
Notes to Applicant:
1. The applicant is advised to consult both the Newark and Upper Witham Area Internal Drainage Boards, as any works within 9m of the Boards’ watercourses or affecting land drainage would require their consent. Contact details are as follows:
Newark Area Upper Witham Area Internal Drainage Board Internal Drainage Board 31 Castlegate J1 The Point Newark on Trent Weaver Road Nottinghamshire Lincoln NG24 1BB LN6 3QN
2. The applicant’s attention is drawn to the content of the memorandum from the NCC Ecology Team dated 18 July 2007, a copy of which is attached to the
19 decision letter. The applicant is advised to consider the recommendations made by NCC Ecology in complying with the above conditions.
3. Right of Way 8 intersects the cycle path route adjacent to The Gatehouse, Moor Lane, Thorney Moor (grid ref: 484771:371464). Right of Way 2 crosses the proposed route approximately 630 metres west of Harby Station, Harby (grid ref: 487701:371181). These rights of way must not be obstructed while construction works are in progress.
Should the footway have to be closed for public safety reasons, Nottinghamshire County Council’s Countryside Access Group would require notice to be given six weeks in advance of any works. Contact details are as follows:
Countryside Access Group Nottinghamshire County Council Trent Bridge House Fox Road West Bridgford Nottingham NG2 6BJ
Tel: 0115 977 2166
4. Rail Paths and Sustrans (the land owners) request that they approve the final construction details of the route prior to commencement of the development.
PSP.DK/RH/ep5055 3 August 2007 (10.8.07) (13.8.07)
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