DEVELOPMENT CONTROL AND REGULATION COMMITTEE 28 March 2002 A Report by the Assistant Director (Development Control)

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Application No 5/01/9028 District South Lakeland

Applicant United Utilities Parish Broughton West Dawson House Liverpool Road, Great Sankey Date of Receipt 6 December 2000 Warrington ______

PROPOSAL Proposed wastewater treatment works with associated access road and landscaping Land to the north of Foxfield Farm, Foxfield, Broughton in Furness ______

1.0 RECOMMENDATION

1.1 That the Appropriate Assessment set out in Appendix 1 is confirmed.

1.2 That planning permission is granted subject to the conditions in Appendix 2 to this report.

2.0 THE PROPOSAL

2.1 This is the first of four applications on this agenda which together constitute Phase 2 of the scheme to improve water quality in the Duddon Estuary. Phase 1 involved proposals for a treatment works and associated pumping stations around Soutergate and Kirkby which Committee determined last year. This application is for the major element of this phase of the scheme, the provision of a wastewater treatment works (WwTW). Sewage would be pumped to the site from pumping stations at Station House, Foxfield (application 5/01/9029) and at Greety Gate, near Broughton in Furness (application 5/02/9004). The fourth element proposes the provision of a package plant, at Skelly Crags, Foxfield (application 5/02/9003), as it is not possible to transfer flows across the railway to the proposed treatment works.

2.2 The proposed treatment works would be located on a low hill 300m to the west of the A595 and 400m north west of the village of Foxfield. It was one of three potential locations considered by the applicants. A site at Greety Gate, the original preferred option, was discounted after extensive site investigations due to ground conditions and the implications of artesian groundwater pressure. A second site east of the A595 with similar favourable ground conditions to the application site was rejected because of its proximity to recently converted holiday properties, a caravan park and golf course.

2.3 The proposed plant covers an area of approximately 0.9ha and would be constructed on two levels by excavating into the hillside. It would comprise a balancing tank, inlet works, primary tanks with a sludge pumping station, two 13 metre diameter filters, two humus tanks and a final effluent pumping station. The plant would also have an administration and control building, an odour control unit and a standby generator.

2.4 The administration/control building would be the largest structure on the site. It would measure 13m x 11m x 6.4m high to the ridge and have a natural local slate roof. The walls would be ‘roughcast/wet dash’ render with natural stone quoins at the corners and a natural stone plinth. Doors and louvres would be grey powder coated steel with windows of polycarbonate sheet glazing in stained hardwood frames. The building would provide a transformer room and control room together with an office, mess and welfare facilities.

2.5 Of the remaining structures most of the tanks and the filters are below 2m high (although the rotor on the filters increase their height to just under 4m). The only taller structures are the two sludge tanks with a height of 4.2m.

2.6 Work on the construction of the site would be restricted to 0800 to 1800 Mondays to Fridays and 0900 to 1300 on Saturdays. No working would take place on Sundays and Bank Holidays without prior agreement.

2.7 Access to the site would be from the A595(T) through an existing industrial estate. It is estimated that construction works would give rise to 25 light vehicle movements and 5 heavy vehicle movements per day. When operational traffic movements would be mainly light vehicles with a sludge tanker visiting the site once a week.

2.8 The application includes a landscaping scheme. Excavated spoil from the treatment works site would be used to form shallow mounds close to the industrial estate which would be planted with trees and shrubs. Additional planting would take place around the treatment works. The extent of this planting has been reduced in an amendment to the scheme as submitted to take account of English Nature’s concerns about the affect of tree planting on the habitat of natterjack toads which are known to be in the area.

2.9 Construction would commence in April 2002 and be completed by March 2003.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 South Lakeland District Council (Planning) - No objections subject to:

1. Prior consultation with English Nature and other bodies to ensure that the nature conservation issues are fully considered.

2. The use of stone facing on the control building to ensure that it is in keeping with the local area.

3. Containers and tanks should be a dark colour to reduce their impact.

4. The access track should be surfaced with appropriate materials to lessen the impact of the proposal.

5. Proposed planting should be implemented prior to commencement of development on site to provide an adequate screen throughout the construction phase.

6. Additional tree planting to be undertaken.

3.2 South Lakeland District Council (Environmental Health) - The EHO recommends conditions in relation to noise and odour on the operational site, and conditions on the construction phase to control hours of working, noise and to prevent the burning of waste.

3.3 Duddon Parish Council - No objections.

3.4 Highway Authority - Access is to a trunk road and the Department of Transport must be consulted.

Highways would prefer to see the access located further away from the main road to reduce the likelihood of conflict with vehicles on the industrial estate road. Passing places and traffic calming should be provided on the site access.

3.5 Environment Agency - The site is located within the tidal flood plain and can be categorised as a low to medium flood risk zone. The applicants should satisfy themselves that the impact of any flooding will not adversely affect their proposals. It is requested that a condition requiring submission of a scheme of surface water drainage be attached to any permission.

The EA response contains informatives on the possible need for consents under legislation they administer, the presence of natterjack toads and the site’s proximity to the Duddon Estuary SPA and Ramsar site.

3.6 English Nature - It is considered that the proposed works are unlikely to significantly affect the ornithological, invertebrate or geological interest of the Duddon Estuary SSSI, SPA and Ramsar.

However, the proposed works are located along a stretch of estuary which is home to a number of breeding populations of natterjack toads.

English Nature advise that an appropriate assessment is required. This should address the final landscaping as English Nature would object to the plan on the grounds that the nature and location of tree planting would have a deleterious effect on the natterjack toads, compromising both their breeding and foraging areas. Further mitigation measures suggested by English Nature include the creation of new natterjack scrapes and restoration of historic scrapes and areas of the north-south ditch running to the Greety Gate outfall. In addition, some of the excavated materials could be placed to provide both daytime refuges and winter hibernation sites for the toads.

It is vital for the long-term survival of the natterjack toad that areas surrounding the proposed works are subject to sympathetic long-term management and that monitoring is put in place to assess the success or otherwise of mitigation measures.

The scope of the appropriate assessment should cover sites at Greety Gate and Skelly Crags.

3.7 No response had been received from the Highway Agency at the time this report was written.

3.8 No representations had been received at the time this report was written.

3.9 The local Member, Mr OH Pearson, has indicated that he supports the application.

4.0 PLANNING ASSESSMENT

4.1 Policy 60 of the Cumbria Minerals and Waste Local Plan indicates that planning permissions will be granted for wastewater treatment facilities. Proposals likely to have significant adverse effects on the environment or communities will only be permitted where they represent the best practicable environmental option. Structure Plan Policy 12 states that in areas of County Landscape, development required to meet local infrastructure needs, which cannot be located elsewhere will normally be permitted provided it is sited to minimise environmental impacts and meets a high standard of design. Policy 18 of the MWLP requires that developments which would have an adverse effect on species protected by law should only be permitted where the harm can be avoided by reducing disturbance to a minimum or by providing alternative habitats or other means.

4.2 The proposed site is located within an area of County Landscape on a low hill 400m north west of the village of Foxfield. The nearest property is Foxfield Farm 160m to the south and separated from the site by the railway. The next nearest property is about 350m to the north east of the proposed treatment works. The site would be visible from a number of viewpoints along the A595 and the small hill is also a clearly visible feature from higher ground to the north. However, all alternative locations are also within the area of County Landscape and have been discounted by the applicants either because of ground conditions or their proximity to other development.

4.3 The proposed WwTW would also be within 100m of the boundary of the Duddon Estuary Site of Special Scientific Interest, Special Protection Area (a European site designated for its ornithological interest) and Ramsar (a wetland of international importance). The land around the location of the WwTW contains areas of ephemeral ponding which historically and potentially could provide breeding sites for the natterjack toad, a protected species and one of the factors for which the Ramsar site was designated. Other land in the vicinity would be considered suitable areas for the toads to forage. English Nature have indicated that they do not consider the impact of the development on the ornithological, invertebrate or geological interest would be significant but consider that an appropriate assessment of the effect on the natterjack toad population would be required. The County Council as a competent authority under the Habitats Regulation is required by the legislation to carry out the assessment if it is considered that a development is likely to have a significant effect on an SPA. As a matter of Government policy Ramsar sites are to be treated in the same manner. Despite the fact that the site itself is just outside the designated area there is potential to affect the habitat of the natterjack toad. The assessment should decide whether the proposal would adversely affect the integrity of the Ramsar site.

4.4 A copy of the appropriate assessment is attached as Appendix 1 to this report. It is based on information provided by the applicant and English Nature’s consultation response. It concludes that the site of the treatment works itself would not directly affect historic or potential breeding sites for the toad but such sites do exist within the boundary of the planning application. As originally submitted the proposed landscaping scheme envisaged blocks of planting north and south of the site across the whole width of the application area. This would have had the effect of creating a barrier to natterjack toads migrating from the estuary to breeding sites to the east of the proposed WwTW, by creating an environment unsuitable for the species on which they forage and also providing shelter for other amphibians which prey on the natterjack. As a consequence the extent of planting has been reduced to leave intact wide corridors to the north and south of the site along which toads can migrate. The scheme also sets out a number of measures to enhance the toads’ habitat including management of short grassland by intensive grazing, use of earth mounds to provide shelter etc, and possible formation of new scrapes and hollows and a ditch culvert to facilitate toad access. (These are in line with suggestions made by English Nature). Measures would be in place, eg toad exclusion fencing and the employment of a licensed toad handler, to protect the toads during construction works.

4.5 The assessment concludes that the development would lead to the permanent loss of a small area of land over which natterjack toads may forage, ie the site of the treatment works itself. This loss would be mitigated, however, by measures to protect breeding sites and to enhance the area around the proposed WwTW as a habitat for the natterjack toads. It is concluded that the proposal, as modified, would not affect the integrity of the Ramsar site and that as a consequence planning permission may be granted. The response of English Nature to the appropriate assessment will be reported to committee. (The assessment also covers the sites at Skelly Crag (application 5/02/9003) and Greety Gate (application 5/02/9004) which also would not affect the integrity of the Ramsar site).

4.6 The site is in a prominent location within the Duddon Valley, being a low hill in an otherwise low lying area. In order to reduce the impact it is proposed to excavate the site of the treatment plant itself into the hillside and use the resulting material to create landscape mounds. The effect of excavation would be to screen the site from views from the west across the Duddon. It would also be effectively screened from views from Foxfield Farm, the nearest property, by the excavation and by existing trees along the railway, although the control building and possibly the sludge tanks would potentially be visible from this point. It would be seen from various points along the A595. In the short term the impact would be reduced by the excavation of the site into the hillside and by the use of an appropriate coloured finish to site structures. Longer term the proposed landscape planting of mounds and to the north and south of the treatment works should ensure that the proposed development does not have an unacceptable visual impact. The reduction in the extent of the planting originally proposed in order to protect the habitat of the natterjack toad would not have a significant effect on the screening of the site.

4.7 With regard to noise and odour, the site is some 150m from the nearest residential properties. In normal operation the plant would be electrically powered and largely silent in operation. The plant would be equipped with a standby generator in the event of power failure. Providing measures are taken for its enclosure it should not be readily audible given the distance to the nearest residential property. The most common source of odour from wastewater treatment arises not from the treatment of sewage but from handling of process sludge which is periodically removed from the site. (Sludge from this proposed site would be transported by tanker to the Barrow WwTW for further treatment). In this case it is proposed to provide an odour control unit next to the sludge tanks. A condition relating to odour is proposed on any permission to ensure that all potential sources of odour are considered and appropriate measures put in place for their control.

4.8 Access to the site is via an existing industrial estate which has an access to the A595 trunk road constructed to the appropriate standard. Whilst the highway officer has expressed some concern about possible conflict with industrial estate traffic, my own observation of that site indicates such movements are limited. Also it would be only during construction of the site where conflict might arise as the amount of traffic arising from the operation of the site is minimal. The comments of the Highways Agency are awaited.

Human Rights Act 1998

4.9 The proposal will have a moderate impact on the visual 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.

4.10 I consider that the proposed site would not have a significant adverse effect on the environment or on the local community. The proposed plant would be a minimum of 150m from the nearest residential property and includes extensive landscaping. I consider that it would have a minimal environmental impact. I therefore recommend that permission is granted.

Shaun Gorman Assistant Director (Development Control)

Contact

John Pell, Kendal, tel. 01539 773421

Background Papers

Planning Application File Reference No. 5/01/9028

Electoral Division Identification

Mr OH Pearson, High Furness.

\\Econkenb\KendalFiling\planning\applications\south lakeland\5019028\report 020328 dcr.doc

APPENDIX 1 DC&R COMMITTEE – 28/03/02 FILE REF. NO. 5/01/9028

APPROPRIATE ASSESSMENT

The Conservation (Natural Habitats, etc) Regulations 1994

Regulation 48 Appropriate Assessment by Cumbria County Council of the Implications of a Project on a European Site

Planning Application Reference No: 5/01/9028 Proposed wastewater treatment works with associated access road and landscaping Land to the north of Foxfield Farm, Foxfield, Broughton in Furness, Planning Application No 5/02/9003 proposed wastewater treatment package plant, Land at Skelly Crags, Foxfield and Planning Application No 5/02/9004 proposed wastewater pumping station control building with associated compound and vehicular access, Land at Greety Gate, Broughton in Furness for United Utilities

1.0 Background

1.1. The above Regulations require that an “appropriate assessment” is made of proposals that are likely to have a significant effect on a nature conservation site that is of European importance. (Government policy extends requirements for “appropriate assessment” to Ramsar sites which are treated as if they were European sites.) This assessment is of the implications of the proposed developments for the European site in view of its conservation objectives.

1.2. The planning application sites are near to the Duddon Estuary which is an SSSI, SPA and Ramsar site. It is considered that the proposed developments, if carried out without mitigation measures, could have a significant effect on this site because during the course of the development activities on the sites could disturb potential breeding sites and foraging areas used by the natterjack toad Bufo calamita which is an interest feature of the Ramsar site.

1.3. The County Council, as local planning authority for waste, is defined by the Regulations as the “competent authority” which is required to make the “appropriate assessment” of the proposals. As part of the assessment it is necessary to have regard to the manner in which the development is proposed to be carried out and to any restrictions or conditions which would be imposed by a planning permission and to any representations that have been made by English Nature.

2.0 The Project

2.1 The project is Phase 2 of a scheme to improve wastewater treatment in the Duddon Valley. It is proposed to construct a wastewater treatment plant on land north of Foxfield Farm (application no 5/01/9028), to construct a package treatment plant at Skelly Crags (application no 5/02/9003) and to provide a pumping station at Greety Gate (application no 5/029004). A fourth element to the scheme, the construction of a pumping station at Station House, Foxfield (application 5/01/9029) is not consider to require appropriate assessment.

2.2 With regard to Regulation 48(1)(b) the proposed developments are not directly connected with the nature conservation site, or necessary for its management.

3.0 The European Site

3.1 The site is the Duddon Estuary SSSI, SPA and Ramsar site. The Ramsar Citation, dated March 1998, states that the site qualifies under the following criteria of the Ramsar Convention:

a) Criterion 2a by supporting nationally important numbers of the rare natterjack toad Bufo calamita

near the north west of its world range. The coastal habitats of the estuary support an estimated 18- 24% of the British population. The site further qualifies under Criterion 2a on the grounds of its rich assemblage of wetland plants and invertebrates. b) Criterion 2c as a staging area for passage waders. c) Criterion 3a as regularly supporting over 20,000 waterfowl in winter. d) Criterion 3c as regularly supporting internationally important wintering numbers of pintail, knot and redshank. Also nationally important numbers of shelduck, red-breasted meganser, oystercatcher, ringed plover, grey plover, sanderlings, dunlin and curlew. Also nationally important numbers of breeding Sandwich terns.

4.0 The Potential Effect of the Proposed Developments

4.1 The planning application sites lie within 50 metres of boundary of the SSSI and Ramsar site.

The proposed developments would involve:-

a) the stripping of soils (all sites); b) excavations to level the site of the wastewater treatment works and to construct the underground package plant and pumping station chamber and to lay sewers (all sites); c) The use of excavated material to form landscaping mounds (application 5/01/9028, proposed Broughton WwTW only); d) the construction of a stone access track to serve the WwTW (application 5/01/9028 only); e) the provision of plant, control buildings and a control kiosk (all sites); and f) the construction of associated sewers and outfalls.

4.2 It is considered that the developments are within areas in which the natterjack toad may breed and forage. There is therefore potential to significantly affect the toad population within the Ramsar site.

4.3 It is not considered that the proposal would have a significant impact on the bird interests for which the Ramsar and SPA have been designated.

5.0 The Conservation Objectives of the European Site

5.1 The conservation objective for the Ramsar site is to maintain in favourable condition the habitat for a viable population of the natterjack toad.

6.0 Appropriate Assessment

6.1 In accordance with Regulation 48(3) English Nature have been consulted on the applications and regard will be given to their representations.

6.1 In the case of application 5/01/9028, the proposed Broughton WwTW, information contained in a document entitled ‘Duddon Estuary Wastewater Project – Proposed new Wastewater Treatment Plant, Broughton-in-Furness Information to support an Appropriate Assessment of the Implications of a Project on a European Site’, dated October 2001, (hereafter referred to as the Supporting Statement), indicates the presence of historic and potential breeding areas for the toad within the application boundary (Figure 2 of the Supporting Statement), although outside the actual area of the proposed WwTW and access road. It also shows potential breeding ditches to the north of the site which would be crossed by a 150mm effluent main linking the treatment works to the outfall and an embankment and dry stone wall running northward to Greety Gate, where it would be adjacent to application 5/02/9004, identified as a potential refuge/hibernation site. It is considered that land within these two sites and surrounding fields might also be a foraging area for the toads. The construction of the WwTW would result in a permanent loss of a small area of potential foraging. There are also potential breeding pools close to the Greety Gate outfall which could potentially be affected by works to upsize the outfall.

6.2 With regard to application 5/02/9003, Skelly Crags, Foxfield the Supporting Statement indicates that it is within 1km of a known natterjack breeding habitat but the direct habitat of the site is unsuitable for the toad. There is, however, a stone wall in the vicinity of the site which could provide a potential area for shelter or hibernation.

6.3 The proposal for the Broughton WwTW (application 5/01/9028) included a landscaping scheme which involves tree planting of the spoil mounds and to the north and south of the treatment works site. The planting around the treatment works could form a barrier to toads migrating from the saltmarsh to breeding pools by creating an area unsuitable for foraging and providing shelter for predators.

6.6 It is, therefore, considered that the proposal as submitted could have a significant effect on the integrity of the Ramsar site and could lead to loss of breeding sites of the natterjack toad. The sites are considered to be potential foraging areas and the stone wall adjacent to the sites at Skelly Crags and Greety Gate might provide sites for shelter and/or hibernation.

7 Mitigation Measures

7.1 In accordance with Regulation 48(6) the Authority has had regard to the manner in which the development is proposed to be carried out and to any conditions or restrictions which could be included in a planning permission. The following matters have been taken into account

7.2 The Supporting Statement (Figure 1) identified two potential alternative sites for the WwTW (application 5/01/9028). Site 1 was discarded due to unsuitable ground conditions but would also have had potential impacts on toad habitats. Site 2 would have had no impact on the toad’s habitat but was considered unsuitable because of its proximity to other developments. The Local Planning Authority has accepted therefore that there is no realistic alternative site for the proposed WwTW .

7.3 The proposed landscaping scheme has been amended to reduce areas of planting to the north and south of the WwTW to provide wide corridors of open ground for toad migration. The scheme also puts forward a number of measures for habitat enhancement, namely management of the grassland by intensive grazing to produce favourable conditions for foraging, use of earth mounds to provide shelter/hibernation areas, possible formation of new natterjack scrapes and hollows and construction of a ditch culvert to facilitate toad access. These measures would mitigate the potential loss of foraging sites arising from the construction of the WwTW.

7.4 The laying of the sewers would take place in the period from July 2002 and March 2003. This is outside the breeding season of the natterjack toad and birds. A method statement has been provided for crossing drainage ditches in areas of possible natterjack toad activity.

7.4 Toad exclusion fencing would be erected around all excavation and other working areas and catch buckets place within the fencing to ensure toads within the enclosure can be removed and taken to a place of safety. A licensed toad handler would be available throughout the project and procedures would be in place to deal with any toad encountered in the course of any construction activity.

7.5 A method statement has been provided for when works to dismantle dry stone walls are required to protect any toads which may be sheltering or hibernating within them.

8 Conclusions

8.1 The proposals, as originally submitted, could have had a significant effect on the integrity of the Ramsar site. However, it is considered that the measures described above would effectively mitigate any potential impact on the natterjack toad population. The proposals would not have a significant impact on other interests of the European or Ramsar site.

APPENDIX 2 DC&R COMMITTEE – 28/03/02 FILE REF. NO. 5/01/9028

PROPOSED SCHEDULE OF CONDITIONS

TIME LIMITS

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

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

APPROVED OPERATIONS PROGRAMME

2 The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme, unless otherwise stated in the conditions below. Any variation to the approved scheme shall be submitted to and approved by the Local Planning Authority prior to being carried out.

Reason To ensure that the site is worked and restored in accordance with the approved scheme.

3 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any other order revoking and re-enacting that Order), planning permission shall be sought and obtained from the Local Planning Authority, before any buildings, structures, or erections, plant or machinery (other than those permitted by this permission) are erected on the site outside the fence line of the wastewater treatment plant hereby approved.

Reason To maintain control over additional built development upon the site in the interest of amenity.

4 Measures to ensure toads are excluded from the working area and method statements for operations which may result in their disturbance shall be in place prior to the commencement of development.

Reason To protect the natterjack toad which is a European priority species in accordance with policy 15 of the Cumbria Minerals and Waste Local Plan (MWLP).

5 Materials for the external finish of the administration and control building, the colour of tanks and other structures and the materials and details of construction of the access road shall be submitted to the local planning authority for approval prior to their construction commencing..

Reason To ensure that the development is to a high standard of design in accordance with Structure Plan Policy 12.

HOURS OF WORKING AND NOISE

6 No operations for the construction of the site shall take place on site outside the hours:

08.00 to 18.00 hours Mondays to Fridays 08.00 to 13.00 hours on Saturdays.

However this condition shall not operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential maintenance to plant and machinery used on site.

Reason To ensure that no operations hereby permitted take place outside normal working hours which would lead to an unacceptable impact due to noise upon the amenity of local residents in accordance with Policy 2 of the MWLP.

7 Prior to the commencement of development a scheme for noise attenuation shall be submitted to the local planning authority. It shall identify plant and machinery to be used during the construction period, their sound power levels when operating at maximum capacity and indicate predicted noise levels at the nearest

noise sensitive properties together with any noise attenuation measures proposed. It shall also include the anticipated noise level from the generator at the nearest noise sensitive properties.

When approved the scheme shall be carried out in its entirety.

Reason: To ensure that no operations hereby permitted would lead to an unacceptable impact due to noise upon the amenity of local residents in accordance with Policy 2 of the MWLP.

FUMES AND ODOUR

8 No waste material shall be burnt in the open on site.

Reason: To ensure that the development does not have an unacceptable impact on the amenity of local residents in accordance with Policy 4 of the MWLP.

9 Prior to the treatment works coming into operation a scheme for odour control shall be submitted to the local planning authority. It shall identify all potential sources and type of odour, the abatement system to be used for their control and the maximum predicted odour concentration at the nearest residential properties.

When approved the scheme shall be carried out in its entirety.

Reason: To ensure that no operations hereby permitted would lead to an unacceptable impact due to odour upon the amenity of local residents in accordance with Policy 4 of the MWLP.

CONTROL OF ARTIFICIAL LIGHTING

10 All artificial lighting units installed on the site shall be so sited and shielded as to be incapable of direct sight from any residential property outside the site.

Reason To safeguard the amenity of local residents.

TREE AND SHRUB PLANTING

11 The tree and shrub planting required by the landscaping scheme, as shown on Drawing UU/PV/D//1508, submitted with letter dated 25 February 2002, shall be implemented within the first available planting season following the construction of the wastewater treatment works.

Reason To ensure that the hedge and tree planting is carried out at the earliest opportunity following the construction of the site, in the interests of amenity.

12 All trees and plants planted in accordance with the requirements of this permission shall be protected, managed and maintained. Any trees or plants that die or become seriously damaged or diseased within five years of planting shall be replaced with plants of the same species or such species as may otherwise be agreed with the Local Planning Authority.

Reason To secure the satisfactory establishment of the tree planting in the interests of amenity.

HABITAT ENHANCEMENT

13 Prior to the commencement of development a scheme for the enhancement of the habitat of the natterjack toad shall be submitted to the local planning authority for approval. It shall include:

(i) use of excavated material to create areas for shelter or hibernation; (ii) restoration and creation of breeding scrapes and the creation of a culvert to improve toad access; (iii) grazing regime to maintain a favourable foraging regime; and (iv) measures to monitor the effectiveness of the habitat enhancement measures. When approved the scheme shall be implemented in its entirety.

Reason: To mitigate the impact of the development on the habitat of the natterjack toad in accordance with MWLP Policy 18.

14 From the commencement of the development to its completion a copy of this permission including the approved documents and other documents subsequently approved in accordance with this permission, shall always be available on site for inspection during normal working hours. Their existence and content shall be made known to all operatives likely to be affected by matters covered by them.

Reason To ensure those operating the site are conversant with the approved scheme and are aware of the requirements of the planning permission.