Construction of New Outfall Sewer

DEVELOPMENT CONTROL AND REGULATION COMMITTEE 15 August 2017 A report by the Corporate Director Economy and Highways ______

Application No: 1/17/9009 District: Carlisle City Council

Applicant: United Utilities Water Ltd Parish: Dalston Warrington Received: 16 June 2017

PROPOSAL: Construction of new Outfall Structure LOCATION: Land adjacent to Dalston Wastewater Treatment Works, Dalston, Carlisle, CA5 7JU ______

1.0 RECOMMENDATION

1.1 That:

a) The Assessment of Likely Significant Effect (ALSE) dated 21 June 2017 undertaken by the applicant , in their position as a competent authority for the purposes of the Conservation of Habitats and Species Regulations 2010, be adopted;

b) Planning permission be GRANTED subject to the conditions set out in Appendix 1 of this report.

2.0 THE PROPOSAL

2.1 Planning permission is sought to construct a new outfall for Dalston Wastewater Treatment Works (WwTW) on the western bank of the River Caldew. It is proposed to locate the new outfall approximately 130m south-east of the WwTW at Ordnance Survey Grid Reference NY 337984 551088.

2.2 It is proposed to provide a new outfall as the existing outfall for Dalston WwTW is now remote from the main channel of the River Caldew as this has moved over time resulting in concerns about pollution in the area of the existing outfall. The proposed new outfall would enable final treated effluent flows being discharged from the WwTW to be diluted and dispersed to acceptable levels.

2.3 The proposed outfall structure would comprise a 450mm diameter black plastic outlet sewer pipe set into, and flush with, a reinforced concrete surround and headwall. The headwall would measure 0.9m in width and 1.3m in height and a safety grille would be placed It would project 0.6m above ground level. Concrete wing-walls would project 2m beyond the headwall. These wing-walls would taper down from 1.3m in height at the headwall to 0.3m in height. The majority of the external sides of the wing-walls would not be visible as they would be tied back into the existing river bank profile. It would have a reinforced concrete base with a 1in500 fall, this would measure 1.6m in width at the end of the edge of the wing-wall. At the edge of the wing-walls sheet piles or a concrete beam may be installed to support the riverside edge. The applicant advises that this would be flush with the edge of the river bed so should not be visible even during low flow conditions. The entire outfall structure would have a footprint of no greater than 4m2.

2.4 The outfall would be angled to discharge flows in a downstream direction. Beyond the outfall structure core it is proposed to construct a concrete apron topped with un-coursed stone rubble pitching. This would project up to 6.85m from the outfall edge (covering an area of approximately 16m2) so as to slow the flow and provide an aerating cascade for discharge to facilitate maximum dilution.

2.5 The applicant benefits from permitted development rights in their position as a statutory undertaker. The proposed new pipework connecting the WwTW to the new outfall would be installed underground with the benefit of the applicant’s permitted development rights.

2.6 The applicant intends to leave the existing outfall in place and block the pipe using plugs along the length of it so as to minimise disturbance.

2.7 The temporary construction compound for the works is proposed to be sited adjacent to the south side of the WwTW.

2.8 This application is being reported to Committee as a member of the public has objected to the proposed development.

3.0 SITE DESCRIPTION

3.1 Dalston Wastewater Treatment Works (WwTW) is located approximately 600m northeast of the large village of Dalston in an area known as Lowmill. The WwTW is a relatively small site covering a 1ha parcel of land. It is accessed via an un- named road off the B5299 which crosses the Cumbrian Coast railway line before providing access to the WwTW having passed a small cluster of residential dwellings at Lowmill. A public footpath (Public Right of Way No. 114050) runs along this access road and connects onto a tarmac surfaced cycle path (which is part of the national cycle network route 7) and another public footpath (Public Right of Way No. 114018) which runs between Caldew Secondary School in Dalston and Cummersdale Bay and forms part of the Cumbria Way long distance route.

3.2 The River Caldew runs south to north some 90m to the eastern side of the WwTW. The land between the river and the WwTW is a mixture of deciduous plantation and tall rank/ruderal grassland/scrub vegetation. The outfall is proposed to be sited on a meander upstream of the WwTW in an area where dense continuous scrub covers the western river bank. On the opposite (eastern) side of the river is improved grassland in agricultural use. A public footpath skirts the eastern banks of the river (Public Right of Way Nos. 129001 and 114042)

4.0 SITE PLANNING HISTORY

4.1 There is no planning history relative to the proposed site of the outfall.

4.2 Dalston WwTW was built in the 1960s. The County Council hold records for two previous planning permissions at the site. These are a 1998 consent for the erection of an electrical control kiosk (Ref. 1/98/9015) and a 2007 consent for the construction of ferric dosing kiosk (Ref. 1/07/9007).

4.3 Carlisle City Council granted planning permission for conversion of a barn and outbuilding to provide 3no. dwellings at Low Mill Barn in January 2016 (Ref. 15/0783). This permission included a conditional requirement to construct a Flood Defence Bund to the east and south of this building. An application to discharge Conditions 3 (Scheme for Construction of Proposed Flood Defence Bund) & 6 (Level 2 Survey) of the Planning Permission are currently being considered by Carlilse City Council (Ref. 17/0534). A flood defence bund has already been constructed.

5.0 PLANNING POLICY

5.1 Section 38(6) of the Planning & Compulsory Purchase Act 2004 provides that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. Government policy is a material consideration that must be given appropriate weight in the decision making process.

5.2 The Cumbria Minerals and Waste Development Framework’s (CMWDF) Core Strategy 2009-2020 (CS) and Generic Development Control Policies 2009-2020 (GDCP) were both adopted as Development Plan Documents in April 2009. The key policies from the CMWDF relevant to the determination of this planning application are considered to be:

. Policy CS 1 - Sustainable Location and Design . Policy CS 4 - Environmental Assets; . Policy CS 8 - Provision for Waste; . Policy DC 4 - Criteria for Waste Management Facilities; . Policy DC 10 - Biodiversity and Geodiversity; . Policy DC 12 - Landscape; . Policy DC 14 - The Water Environment;

5.3 The emerging Cumbria Minerals and Waste Local Plan 2015-2030 (CMWLP) was submitted to the Secretary of State for examination by an independent Inspector in September 2016. The examination of the CMWLP closed when the Inspector’s final report to the County Council was received on 29 June 2017. This report set out those changes necessary to ensure that the CMWLP is sound and legally compliant. The County Council can now proceed to formally adopt the CMWLP so that it will replace the CMWDF. Since the Plan has been found sound, considerable weight can be attached to its planning policies in the decision making process. The emerging policies relevant to wastewater infrastructure are not dissimilar to those within the CMWDF. The key CMWLP policies relevant to the determination of this application are considered to be:

. Policy SP1 - Presumption in Favour of Sustainable Development . Policy SP15 - Environmental Assets . Policy DC9 - Criteria for Waste Management Facilities . Policy DC16 - Biodiversity and Geodiversity . Policy DC17 - Historic Environment . Policy DC18 - Landscape and Visual Impact . Policy DC20 - The Water Environment

5.4 The Carlisle District Local Plan 2015-2030 (CDLP) was adopted on the 8 November 2016. Some area-based and thematic policies of CDLP are of some relevance to the determination of this planning application. These are considered to be:

. Policy SP 5 - Strategic Connectivity . Policy SP 6 - Securing Good Design . Policy SP 8 - Green and Blue Infrastructure . Policy CM 5 - Environmental and Amenity Protection . Policy GI 3 - Biodiversity & Geodiversity . Policy GI 5 - Public Rights of Way . Policy GI 6 - Trees and Hedgerows

5.5 Dalston Parish Council formally submitted the Dalston Parish Neighbourhood Plan 2015-2030 to Carlisle City Council on 11 May 2017. Carlisle City Council considers the Plan to be legally compliant and it was consulted upon as part of the examination process between 5 June and 17 July 2017. The only policy relevant to the determination of this application is considered to be Policy DNP-E 1 - Landscape, habitats, rural character. This requires development to respect

the parish’s landscape, wildlife habitats, rural character, green spaces, footpaths, cycle ways, bridleways, built heritage, archaeological sites and ecosystems and states that proposed developments that would detrimentally affect these environmental features will not be supported.

5.6 The National Planning Policy Framework [NPPF], which was published on 27 March 2012, and the national online Planning Practice Guidance (PPG) suite, which was launched in March 2014, are material considerations in the determination of planning applications. The following sections and paragraphs of the NPPF are considered to be relevant to the determination of this application:

. Paragraphs 6-10 - Achieving sustainable development . Paragraphs 11-14 - The presumption in favour of sustainable development . Delivering Sustainable Development  Section 10 - Meeting the challenge of climate change, flooding and coastal change;  Section 11 - Conserving and enhancing the natural environment. . Paragraphs 186-187 - Decision Taking

5.7 The National Planning Policy for Waste (NPPW) was published on 16 October 2014. This sets out the government’s current waste policy to be taken into account by waste planning authorities and forms part of the national waste management plan for the UK. This has also been taken into account.

6.0 CONSULTATIONS AND REPRESENTATIONS 6.1 Carlisle City Council Planning Department: Observe that the proposed replacement outfall would discharge into the River Caldew which is a tributary of the River Eden. The River Eden and its tributaries area designated at the River Eden Special Area of Conservation (SAC) and the River Eden and tributaries Site of Special Scientific Interest (SSSI). In accordance with the Habitat Regulations, prior to the granting of any permission, Cumbria County Council, as determining authority, must first be satisfied that the proposal is unlikely to have a significant effect on the River Eden SAC and SSSI. In relation to this issue, the City Council recommends that the works are undertaken in accordance with the recommendations contained in Section 6 of the Phase 1 Survey complied by Ash Bennett Ecology Limited.

6.2 Dalston Parish Council: No observations.

6.3 Environment Agency: No objection. Advise that an Environmental Permit for Flood Risk Activities for the proposed new outfall and associated works has been issued.

6.4 Natural England: No response received.

6.5 CCC Ecological Consultant: No objection. Considers there to be three main possible impacts on ecological features: considered 3 main possible impacts on ecological features: disturbance and damage to in-river habitats, otters and fisheries, all of which are part of the River Eden Special Area of Conservation (SAC). Satisfied that the necessary information has been submitted. Based on the ecological submissions and Assessment of Likely Significant Effect (ALSE) concerning potential impacts upon the SAC, concludes that there will be no likely significant effect upon the interest features of the SAC as a result of the

proposed development. There will only be very small and temporary impacts upon the habitat type within the SAC and no reasonably foreseeable likelihood of impacts upon the SAC qualifying species and judges these effects to be de- minimis and not significant. Concludes that there will be no adverse effect upon the integrity of the SAC site. Advises that the County Council should adopt the submitted ALSE and that this is made part of the approved scheme so as to ensure the measures within it are implemented.

6.6 CCC The Highway Authority: No response received.

6.7 The Lead Local Flood Authority: No response received.

6.8 Network Rail: No response received.

6.9 Carlisle City Council Environmental Health Department: No response received.

6.10 CCC Countryside Access (Public Rights of Way): Note that the package of works to deliver the proposed development would affect Public Footpaths – Public Rights of Way No.s 114018 and 114050. Report that they have processed a Temporary Closure Order of Public Right of Way (PROW) No. 114018 which forms part of the Cumbria Way and that this will come into effect on 4 September 2017. Note that though this PROW will be official closed during the works, that the applicant will be providing an informal diversion during the works. Note that there will be no temporary or permanent obstruction of PROW 114050 which runs along the Low Mill access road and note that suitable warning signage will be required on this route to ensure additional construction traffic gives way to pedestrians using it.

6.11 Carlisle District Ramblers Group: No response received.

6.12 CCC Historic Environment Officer: No objection.

6.13 Electricity North-West: Highlight that there is an 11kV overhead circuit, as well as live voltage cables within the boundaries of the proposed development area. Advise that great care should be taken at all times to protect both the electrical apparatus and any personnel working in its vicinity.

6.14 Northern Gas Networks: No objection.

6.15 British Telecom: No response received.

6.16 The application has been advertised in the local press and by site notice on the site. The local county councillor has been informed.

6.17 Two representations have been received. One from a nearby business and the other from a resident local to the wider area.

6.18 The business is happy for the proposal to proceed as long as there is still access via the cycle path further north during the development so they can continue to take measurements of the River Caldew required by their Environmental Permit.

6.19 A member of the public has submitted an online representation objecting/expressing concern for the following summarised reasons:

. The applicant appears to have already started setting up a huge compound area. . Considers the details submitted in respect of how the diversion will be done to not be acceptable, noting the high level of usage of the public footpath and cycle track and considering that plastic boards proposed can be very slippy. States a preference for a hardcore surfaced diversion that is separately fenced-off. States that the application does show how they are going to separate people from the construction traffic on the public right of way which leads from the railway down onto the site? . Asserts that the site is covered in Himalayan Balsam and Japanese Knotweed and queries what the applicant is going to do with this. . Queries how the applicant intends on reinstating the outfall and if they will remove the pipe.

7.0 PLANNING ASSESSMENT

Background

7.1 The submitted Geomorphological Survey observes that the River Caldew along its entire length in the lower reaches is a very active and dynamic gravel bedded river, with a large sediment load and high potential to erode its banks. It also notes that the stretch of the river between Dalston Hall and Caldew Secondary School, Dalston has undergone multiple channel changes since the mid 19th Century, with large gravel deposits having been mobilised and re-worked with the transport of sediment through the river system thus altering the course of the channel, creating alternating gravel bars and medial bars, secondary channels and backwaters (aka secondary channel cut-offs).

7.2 The existing outfall for Dalston WwTW was originally constructed on the main channel of the River Caldew, but over time the river channel has shifted eastward from its original location resulting in the existing outfall now being located on a small drainage ditch / secondary channel which feeds into the River Caldew and that can only flow as a result of the outfall discharge. This has prompted the Environment Agency and Natural England to raise concerns in respect of the lack of dilution of final effluent flows being discharged from the outfall due to the size of the ditch that it discharges into and its distance from the main river channel. Consequently this application seeks to relocate the Outfall to a more suitable location on the main channel of the River Caldew to address these problems.

Need

7.3 The PPG establishes that “adequate water and wastewater infrastructure is needed to support sustainable development”. The sufficiency and performance of wastewater infrastructure is a material planning consideration and fundamental to sustainable development objectives (i.e. providing a healthy water environment and conserving nature). This proposal seeks to protect and improve the local environment and habitats ensuring appropriate dispersion of final effluent discharges from Dalston WwTW into the River Caldew. Consequently there is considered to be a clear and pressing environmental need for the provision of a new outfall structure. As such the proposed development accords with CMWDF

Policy CS4’s requirement that waste management development should aim to protect, maintain and enhance the overall quality of the county’s environmental assets.

Site Selection 7.4 The submitted Geomorphological Study assesses the suitability of a number of locations along the River Caldew in proximity to the WwTW. In light of technical requirements – including the need for sufficient water flows to enable satisfactory dispersion; the location proposed to be developed was found to present the least risk of being impacted by fluvial processes, showing no evidence of bank erosion and exhibiting relative stability in terms of the main river channel position through this reach. The PPG states it is important to recognise the locational needs of wastewater infrastructure. The rationale provided for the siting of this proposed outfall is considered sound. CMWDF Policy DC4(f) and CMWLP Policy DC9(g) state that wastewater treatment facilities will be permitted in appropriate locations as required by the wastewater network provided proposals have minimised any adverse environmental impacts to an unacceptable level and it does not have unacceptable impacts on the landscape.

Main Issues / Considerations

7.5 The key planning issue relevant to the proposed development are considered to be its potential impacts upon wildlife, visual/landscape impact and water environment considerations. Other planning considerations of note are the potential of construction operations to impact on habitats and species, residential amenity and public rights of way.

Potential Impact upon Wildlife - Outfall Structure

7.6 An Ecological Phase 1 Habitat Survey has been submitted in support of the application. This found no habitat or species present at the specific location where the outfall is proposed to be sited. No evidence contrary to the survey has been received. The dense/continuous scrub and willow present here is prevalent in the immediate vicinity and would quickly regenerate. As previously discussed, the provision of a new outfall at this location would allow for satisfactory dispersion of final effluent discharges from Dalston WwTW and would have a positive effect on the local environment (habitats, species and water quality) in the vicinity of the existing outfall.

Construction Phase – Potential Impacts upon Habitat/Wildlife

7.7 The River Caldew forms part of the European designated River Eden Special Area of Conservation (SAC) and part of the nationally designated River Eden & Tributaries Site of Special Scientific Interest (SSSI). An Assessment of Likely Significant Effect (ALSE) upon the River Eden SAC has been carried out by the applicant in line with the requirements of the Conservation of Habitats and Species Regulations 2010 (“Habitats Regulations”) and submitted in support of the application. This ALSE identifies the sensitive interest features of the SAC, identifies potential hazards to these and the likeliness of impact in light of mitigation proposed. The mitigation measures proposed include, but are not limited to: measures to prevent pollution, sedimentation and turbidity within the river; provision of silt fencing to protect juvenile salmon and lamprey habitat and bio-security measures. This concludes that there is not likely to be a significant

effect resulting from the development, neither (in itself nor in combination with other projects upon the River Eden SAC providing all mitigation and compensatory measures are implemented. Natural England has reviewed the ALSE and considers its conclusion justified and its mitigation to be sufficient/robust/acceptable. The submitted ALSE is considered acceptable and it is therefore recommended that the County Council adopt this.

7.8 The submitted Ecological Phase 1 Habitat Survey found the habitats present in the broad area to be suitable to support bats, birds, otters, water vole and white- clawed crayfish. The survey notes bat roost potential in the mature trees on site, however these trees are sufficiently distant from the outfall and its associated underground pipeline and would not be affected. It also notes that nesting bird potential exists within all the trees and shrubs. A condition is proposed to ensure that the construction phase does not disturb or harm breeding birds. The survey noted otter lay-up potential in proximity to the existing outfall and spraints on land along the river bank however it found no suitable otter holt locations or resting sites within the immediate vicinity of the working area for the new outfall however it notes that the river corridor will be used by the species for commuting, foraging and migratory purposes. Three conditions are proposed to ensure any potential impact upon otters is avoided. The Phase 1 reports that no signs of water were found along the banks of the River Caldew surveyed and observes that although the aquatic habitat within the survey area is considered suitable for water vole, considers it highly unlikely that the species is present in the area as the nearest records of known water vole presence are 30km west of this site. Although white- clawed crayfish were not noted during an in-river scoping survey, the River Eden system is known to be one of the few remaining catchments where the species occurs. The report advises that strict biosecurity measures must be followed for any plant or equipment that may be used in the water course to ensure crayfish plague from other watercourses is not introduced to the River Eden catchment. The installation of the new outfall would require in-river working and temporary stockpiling of materials and excavated soils within the flood plain. The applicant has obtained an Environmental Permit (No. EPR/LB3155PD) from the Environment Agency in respect of this.

7.9 Himalayan Balsam exists at various places just within the site boundary and is abundant in the rank/ruderal vegetation which surrounds the site and along the riverbanks. The applicant proposes to remove (and appropriately dispose of) the Himalayan Balsam plants identified in the immediate vicinity of proposed works area prior to mobilisation on site. Following this the applicant intends to adopt a clean site procedure. This will mean that they will demark the areas where there is Balsam from the areas where there is none. Once this is done vehicles will not be able to travel from the area with Balsam elsewhere on the site without it being cleaned and free of any mud and the same procedure will be in place for any pedestrians / plant. United Utilities state that all vehicles, plant, equipment will be cleaned in line with the Environment Agency’s Clean. Check, Dry Process prior to coming to site and then again following completion of the works. These control measures are considered suitable and would ensure this invasive plant is not spread as a result of the proposed construction works.

7.10 The applicant intends to replace any excavated top soil (and thereby its natural seedbank) and to over-seed with a native wildflower seed mix. On the river bank, where small willow saplings are present in the working area, the applicant intends to remove these by hand, place them to one side whilst the work is

undertaken and then replant them along the edge of the river. These reinstatement measures are considered acceptable and the use of a wildflower seed mix would promote an increase in biodiversity in accordance with CMWDF Policy DC10 and CMWLP Policy DC16.

7.11 In light of the measures and conditions proposed it is considered that the development would not have an adverse impact upon any designated habitats or protected species. Furthermore the development provides for measures to increase biodiversity in its reinstatement of land disturbed during the construction phase. As such the proposed development adequately protects wildlife and the water environment and will ultimately enhance habitats within the vicinity of the outfall and as such complies with CMWDF Policy DC10, CMWLP Policy DC16 and CDLP Policies GI 3 and GI 6.

Visual/ Landscape Impact:

7.12 The outfall would not be overlooked by any residential properties, but may be visible from the public footpath network. There would be no visibility of the outfall structure from PROW or cycle-path on the western side of the river given its location relative to these and tying into the river bank, existing ground levels and the re-vegetation of this area following the undertaking of the development. The new outfall would potentially be visible from certain vantage points on the public footpaths running along the eastern banks of the river. However by virtue of the simple, plain and discrete design of the outfall; its relatively small size; its sympathetic profiling to tie into the river bank and the proposed reinstatement of the immediate surrounds which are currently characterised by dense continuous scrub it is considered that the structure would be aesthetically acceptable, relatively unobtrusive and as vegetation re-establishes around it, to have negligible visual impact. Consequently its impact upon the visual amenity of the area is considered to be minimal. Similarly, due to the low positioning of the outfall, its integration into the river bank and relatively small size it is considered that it would not have an impact at the landscape scale. Consequently the proposal is considered to comply with CMWDF Policies DC2, DC4 and DC12, CMWLP Policies DC2 DC9 and DC18 and CDLP Policies SP6 and CM5.

7.13 The existing outfall, which is proposed to be blocked-up and abandoned in-situ, is shrouded by vegetation and not visible from any public footpaths. Consequently it is considered that leaving this in place would have negligible visual impact and would be acceptable.

Flood Risk and Resilience

7.14 The outfall would be within Flood Risk Zone 3; however the structure is classed as a water compatible development by the NPPF. The reinforced concrete outfall structure is designed to be robust and resilient to the riverine environment in form and materials. Given the minor scale of development it will not increase the risk of flooding elsewhere. The proposal considered to comply with CMWDF Policy DC13, CMWLP Policy DC19, CDLP Policy CC 4 and the NPPF.

Water Quality

7.15 The proposed outfall would enable Dalston WwTW to meet new heightened water quality standards for its final discharge and would help improve water

quality. The submitted ALSE puts appropriate measures in place to ensure that construction operations would not impact upon the River Caldew. It is therefore considered to comply with national planning policy, CMWDF Policies CS4 and DC14 and CMWLP Policies SP15 and DC20.

Access and Traffic Impact

7.16 Due to Dalston WwTW’s proximity to the B5299, construction traffic accessing the site can avoid built-up residential areas. The short term nature of the works coupled with their small scale means the development would have negligible temporary traffic impacts. In regards to pedestrians using the public right of way along the access road to Lowmill during construction works, the applicant intends to manage this by placing warning signs to warn construction traffic and users of the path of each other’s presence and make this part of the site induction for all construction traffic. United Utilities relay that any large scale vehicle movements (either in size or number) will be managed by the site team through the deployment of banksmen. A condition is proposed to ensure highway cleanliness is maintained in the interest of safety throughout the construction period. Consequently it is considered that the proposal would not result in any highways issues.

Alleged Commencement of Development

7.17 The applicant has advised that they have not started any works on site as of yet. The applicant understands that the temporary site set-up opposite Dalston WwTW relates to works that Network Rail is carrying out. It is also noted that a raised flood bund has also been recently created in this area in association with works to convert a barn and outbuildings to 3 residential units.

Amenity

7.18 Due to the proximity of a number of residential dwellings to the proposed construction compound, a condition is proposed limiting the days/hours of the construction phase in order to protect their amenity.

Public Rights of Way

7.19 A temporary closure of public right of way No. 114018 has already been found to be acceptable. It is noted that the applicant intends to provide an informal temporary diversion whilst pipeline installation works cross the areas of the public footpath and cycleway so as to ensure passage along this popular route along the western bank of the river Caldew is not prohibited during the works. United Utilities have clarified that the surfacing for the temporary diversion route will be hard-surfaced with compacted MOT Type 1 material and have confirmed that they will ensure that the surface is level and doesn’t gather surface water and is suitable for use by cyclists and pedestrians. United Utilities expect that the works affecting the footpath and cycle route would be no greater than 1 month in duration.

Human Rights

7.20 Given the nature and purpose of the proposed development no Convention Rights as set out in the Human Rights Act 1998 would be affected.

CONCLUSION

7.21 This proposed new outfall would help deliver notable environmental improvements. The outfall has been pragmatically sited and sensitively designed and would have no adverse environmental or visual impacts. It is therefore considered that the proposed development is in accordance with policies of the development plan and that there are no material considerations that indicate the decision should be made otherwise than in accordance with the policies of the development plan. It is therefore recommended that:

b) planning permission be GRANTED subject to the conditions set out in Appendix 1 of this report.

Dominic Donnini Corporate Director Economy and Highways

Contact: Mr Edward Page, Kendal, Tel: 01539 713 424; Email: [email protected] Background Papers: Planning Application File Reference No. 1/17/9009 Electoral Division Identification: Dalston & Burgh ED - Mr T Allison

Appendix 1 Ref No. 1/17/9009 Development Control and Regulation Committee - 15 August 2017

PROPOSED PLANNING CONDITIONS

Time Limit for Implementation of Permission 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

Approved Scheme 2. The development hereby permitted shall be carried out, except where modified by the conditions to this permission, in accordance with the following: a. The submitted Full Planning Application Form – dated 16 June 2017; b. Planning Application Supporting Statement – dated June 2017; c. Arboricultural Impact Assessment – dated 28 June 2017 including its Appendices, in particular Drawing No. BTC1366-TPP – Tree Protection Plan; d. Drawing No. PB6496-102-0002-Rev.P2 - Site Plan; e. Drawing No. PB2622-500-001-Rev.A – Proposed Outfall Details; f. Drawing No. PB6496-102-0020-Rev.P1 – Public Right of Way (PROW) Temporary Crossing Plan; g. Drawing No. PB6496-102-0021-Rev.P1 - Dalston - Public Right of Way (PROW) Diversion; h. Assessment of Likely Significant Effect (ALSE) - dated 21 June 2017; i. Email dated 27 July 2017 from the Applicant in respect of Diversion Details, Modified Reinstatement Details and Control of Japanese Knotweed; j. Email dated 31 July 2017 from the Applicant in respect of Wildflower Seed Mix and outfall design details; Reason: To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme.

3. A copy of this permission, including the documents comprising the approved scheme and any other documents/drawings subsequently approved relating to conditions within this permission, shall be available for inspection on site during construction and reinstatement operations. Their existence and content shall be made known to all operatives likely to be affected by matters covered by them. Reason: To ensure the development is carried out as approved.

NOTIFICATIONS

Notification of Key Stages of the Development 4. Written notification shall be given to the Waste Planning Authority within 7 days of each of the following events:

a. The commencement of development; b. Completion of the re-seeding of the river bank and pipeline route. Reason: To enable the Waste Planning Authority to monitor the development and to ensure compliance with the approved scheme.

ECOLOGICAL CONSTRAINTS AND REQUIREMENTS

Tree Protection Measures 5. The measures for protecting existing trees set out in the Arboricultural Impact Assessment – dated 28 June 2017 including its Appendices, in particular Drawing No. BTC1366-TPP – Tree Protection Plan; shall be implemented in full. The measures shall be maintained in place throughout the duration of the construction phase and therefater removed within 2 weeks of the completion of the construction phase. Reason: To protect existing trees identified to be retained.

Breeding Birds 6. No removal or pruning of any trees, hedgerow, ruderal scrub or vegetation shall take place between the 1st March and 31st August inclusive in any year unless they have been first checked by a suitably qualified ecologist for breeding birds in accordance with Natural England’s Guidance. In the event that breeding birds are found to be present an appropriate exclusion zone shall be set up around the habitat in question. No work shall be undertaken within the exclusion zone until nesting birds have been confirmed absent by a qualified ecologist. Reason: To ensure appropriate protection for breeding / nesting birds under Section 1 of the Wildlife and Countryside Act 1981.

Protection of Otters 7. Any excavations deeper than 0.5 metres below the surrounding ground level that will be left unattended overnight shall be securely fenced or covered to prevent otters from entering them or shall have a mammal escape ramp installed at an angle of no more than 45 degrees to allow any individuals which could become trapped to escape. Reason: In order to prevent otters becoming trapped in deep excavations. As otters are a Protected Species and an Annex II species that are a primary reason for selection of the River Eden as a Special Area of Conservation. In accordance with CMWDF Policy DC10 and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Local Authority's biodiversity duty under NERC Act 2006.

8. All construction materials shall be stacked safely so as to prevent accidental collapse by or on otters. Reason: In order to prevent otters becoming trapped in deep excavations. As otters are a Protected Species and an Annex II species that are a primary reason for selection of the River Eden as a Special Area of Conservation. In accordance with CMWDF Policy DC10 and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Local Authority's biodiversity duty under NERC Act 2006.

9. All mechanical plant engaged in construction and any stored materials shall be checked prior to their use or movement to ensure otters are not sheltering underneath or by them. Reason: In order to prevent otters becoming trapped in deep excavations. As otters are a Protected Species and an Annex II species that are a primary reason for selection of the River Eden as a Special Area of Conservation. In accordance with CMWDF Policy DC10 and to ensure compliance with the Wildlife and Countryside Act 1981 (as amended) and the Local Authority's biodiversity duty under NERC Act 2006.

CONSTRUCTION PHASE RESTRICTIONS/REQUIREMENTS

Construction Hours 10. No construction or earthworks; including start-up of generators or other plant and/or machinery and deliveries of equipment and materials; shall take place except between the hours of: 08.00 am and 18.00 pm Monday to Friday (excluding Public Holidays). 09.00 am and 12.00 pm on Saturdays. No construction or earthworks; including start-up of generators or other plant and/or machinery and deliveries of equipment and materials shall be carried out on Sundays or public and/or bank holidays. This condition shall not operate so as to prevent the carrying out of essential maintenance to plant and machinery used in the construction works outside these hours. Reason: In order to protect the amenity of nearby residents.

Lighting during construction 11. No artificial site lighting shall be used outside of daylight hours during the construction phase. Any artificial lighting used during the daytime shall be kept to a minimum and be directed away from nearby properties, ruderal grassland, trees and (as far as possible) the river and riverbank. Reason: In order to protect the amenity of nearby residents and to minimise disturbance to wildlife including bats and otters.

Vehicular Traffic 12. Measures shall be employed on the site throughout the construction phase of the development to ensure no vehicle shall leave the site in a condition that would give rise to the deposit or mud, slurry or any other material on the public highway. Reason: To prevent vehicles tracking material on to the public highway in the interests of highway safety. In accordance with Policy DC1 of the CMWDF Generic Development Control Policies.

POST DEVELOPMENT REQUIREMENT

Planting Maintenance 13. Any re-planted willow saplings which die or become seriously damaged or diseased within five years of re-planting shall be replaced with new plants. Reason: In the interests of biodiversity, river bank stability and visual amenity.

Informatives: Public Rights of Way: Any grant of planning permission does not entitle developers to obstruct a public right of way. Development, insofar as it affects a right of way, should not be started, and the right of way should be kept open for public use, until the necessary order for the temporary diversion or stopping-up of the right of way has been made, confirmed and come into effect.

Northern Gas Networks: Note that there may be apparatus in the area that may be at risk during construction works and should the planning application be approved, then the promoter of these works ought to contact NGN directly to discuss NGN’s requirements in detail.

Electricity North West: Highlight that there is a substation and associated high voltage underground cable on the site of the proposed works and that a safe working distance must be maintained from these at all times and safe digging techniques must be practiced. Note that the applicant may have to apply to have these assets diverted.