Agenda Item No. 5A Committee: Regulatory Planning and Highways Sub Committee Date: 18 September 2002 Report by: Assistant Director - Policy Proposal: Construction of a new road between A259 Drove Road roundabout and port area south of Newhaven to Seaford railway and creek including environmental buffer and landscaping Site Address: Newhaven Eastside Applicant: Assistant Director - Development Application No. LW/2061/CC Key Issues: (i) Development Plan (ii) Environmental Statement (iii) Ecological implications SUMMARY OF RECOMMENDATIONS To grant planning permission subject to conditions. CONSIDERATION BY DIRECTOR OF TRANSPORT AND ENVIRONMENT 1. Introduction 1.1 This application is for the renewal of planning permission for the Port Access Road at Eastside, Newhaven. The original permission (ref. LW/1751/CC) was granted in 1996, subject to conditions, and expired in 2001. The current application was registered prior to the date of expiry. 1.2 Although the original application was accompanied by a voluntary environmental appraisal, which provided an assessment of the likely impacts of the proposed development, involving both the road and ‘environmental buffer’, the current application is accompanied by a formal Environmental Statement, as it was subject to an Environmental Impact Assessment (EIA). An EIA was required primarily as a result of the increase in significance attached to the Tide Mills Site of Nature Conservation Importance (SNCI), within which most of the application site resides, particularly in respect of the increased importance attached to the Great Crested Newt population, a protected species. 1.3 The current application is materially identical to the original and all the relevant issues relating to it have already been considered as part of the original permission (refer to the County Planning Officer’s report at Appendix A). Since the principle of the development has been established, only those issues which have in some way materially changed will be considered in this report. These relate primarily to changes to the status of the Development Plan and the increase in ecological importance of the application site. 1.4 The ‘environmental buffer’ zone, which forms part of the application site, also comprises part of the Phase 1 works for the Ouse Estuary Project, for which planning permission was granted in 1998 by Lewes District Council. These works are now well underway. 2. The Site 2.1 The site is on the east side of Newhaven and occupies land within the Ouse Valley and lies almost completely within the Tide Mills SNCI. At its northern end, it includes the Drove Road roundabout on the A259 to the west of the Sainsbury store. It extends southwards across the valley and crosses Mill Creek at its southern end. To the west of the site are the factory, storage and warehouse sites on the edge of Newhaven. 3. The Proposal 3.1 The proposal is for the renewal of planning permission to construct a new road from the A259 Drove Road roundabout southwards across the valley and terminating with a roundabout junction just to the south of Mill Creek. 3.2 The proposed road would be 1300 metres long and would comprise a single 7.3 metre wide carriageway. It would generally lie 1-2 metres above ground level except in the south, where there would be a bridge crossing the railway and Mill Creek. 3.3 The application site includes an environmental buffer which would extend approximately 130-270 metres to the east of the new road. 4. Consultations and representations 4.1 Lewes District Council raises no objections. 4.2 English Nature notes that the site is within a SNCI, designated as such for its for breeding and wintering birds, the lagoon features of the Tide Mill creek, vegetated shingle, the amphibians (particularly the Great Crested Newt) and other wildlife associated with the ditches and grasslands north of Mill Creek. The proposal would have a potentially significant effect on the newt population, the lagoon habitat of Mill Creek and the vegetated shingle south of the creek. 4.3 Great Crested Newts and coastal lagoon habitats are protected under European law and surveys of the former in the area have revealed a far larger population than was previously suspected. Consequently, the area meets criteria for designation as a Site of Special Scientific Interest (SSSI). Therefore, the proposals must incorporate measures to manage and maintain the newt population. 4.4 The proposed bridge over Mill Creek should not result in pollutants or other materials being introduced into the creek and the detailed proposals should include measures to prevent such materials being introduced into this area. 4.5 English Nature considers that the southern terminal roundabout will impact directly on an area of vegetated shingle to the east of Mill Creek that is currently part of the Tide Mills Restoration Project. This part of the proposal should be mitigated by recreation of vegetated shingle habitat elsewhere and the incorporation of all remaining vegetated shingle habitat into an enhancement/protection scheme to safeguard this important habitat. 4.6 In conclusion, the scheme will adversely affect areas of vegetated shingle and Great Crested Newt habitat and could potentially have an adverse impact on the Mill Creek saline lagoon. However, by incorporating certain measures, mitigation may be possible. 4.7 The Environment Agency objects on grounds of conservation and surface water disposal. The proposal will have significant effects on the environmental value of the site and the proposed compensatory measures are not considered to be sufficient, especially as the SNCI has been identified as a potential SSSI. 4.8 The Agency comments that it is unlikely that the required compensatory measures could be undertaken on land within the application site, although it also notes that the proposed measures on the site, in conjunction with the Ouse Estuary Project, would provide for an adequate level of compensation. 4.9 The Agency also notes that the proposal would result in an increased rate and volume of surface water being discharged into the watercourse and to the pumping station. Therefore, improvements to the land drainage system would be required to ensure development does not increase the risk of flooding elsewhere; however, the current proposals for surface water remedial works are not acceptable. 4.10 The Agency recommends certain conditions should be included if permission is granted. 4.11 Seaford Town Council supports the application and recommends that consideration should be given to changing the proposed cycle route so that cyclists do not have to use the A259. 4.12 Sussex Downs Conservation Board raises no objections but has some concerns regarding the extent of the visual impact, the significance of development on ‘virgin’ land and the nature of the landscape mitigation proposals, which imply more urban characteristics rather than naturalistic ones. 4.13 Sussex Ornithological Society comments that although it accepts that the new road is important for the regeneration of Newhaven, it considers that it will considerably harm the bird life in the area, as well as the shingle area, which is a rare habitat. The Society approves of the mitigation measures to the east of the proposed road. 4.14 Sussex Amphibian & Reptile Group notes that since the original proposal, it has become evident that the ecological diversity of the area is very rich and that the Great Crested Newt population is significantly larger than originally thought. The Group anticipate continuing mitigation and habitat enhancement at the site. 4.15 Sussex Police Community Safety Department has not identified any crime and disorder issues. 4.16 Southern Water raises no objections but recommends that a condition should be included on any permission to protect the sewers across the site. 4.17 Railtrack notes that it will need to be satisfied that the company’s infrastructure will not be adversely affected by the proposal and that it would need to consider and approve all aspects of the design and construction of the bridge. 4.18 The Utilities (Seeboard, British Telecom, British Gas Transco) have submitted information showing the position of the companies’ plant in relation to the proposal. The National Grid Company PLC notes that the proposal will not affect the company’s apparatus. 4.19 The Countryside Agency has no formal comments to make. 4.20 The Highways Agency has no comments. 4.21 Observations have not been received from the following organisations: Sussex Wildlife Trust, South Heighton Parish Council, South East Water, Newhaven Town Council, Newhaven Economic Partnership, The Highway Authority, Cyclists Touring Club, Ramblers’ Association and the British Herpetological Society. 4.22 Representations: none received. 5. The Development Plan policies of relevance to this decision are: 5.1 East Sussex and Brighton & Hove Structure Plan 1991-2011: Policies: S1 (sustainable development); S3 (infrastructure and development); S15 (regeneration of Newhaven); E11 (d) (Newhaven Eastside Business Park); TR5 and TR6 (cycling improvements); TR22 (b) and TR36 (b) (improvements to A26 to Newhaven Port); TR36 (e) (construction of Eastside Port access road); EN17 (protection of habitats and wildlife); EN20 (compensation for loss of habitat); EN22 (archaeology); W10 (construction industry waste). 5.2 The Lewes District Local Plan, Deposit Draft Plan Incorporating Proposed Modifications 2000: Policies: ST9 and ST10 (natural features and habitats and their protection); S11 (landscaping of development); ST16 (flood risk – under Further Proposed Modifications to the Local Plan July 2002); NH10 (Eastside Business Area); NH11 (River Ouse Estuary, environmental initiative); NH20 (upgrading and expansion of Newhaven Port). 6. Summary of Policy Issues 6.1 The Development Plan encourages development to be sustainable and to provide for appropriate infrastructure. The Structure Plan proposes the construction of the Newhaven Eastside Port Access Road and the implementation of the business park for Newhaven Eastside, which constitutes the largest reserve of allocated business land in the western part of the county and is therefore of strategic importance.