Allerdale Borough Council Planning Application CON2/2014/0350
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Allerdale Borough Council Planning Application CON2/2014/0350 Proposed Compliance with conditions 13 & 21 on planning approval Development: 2/2014/0350 Location: Dovenby Hall Dovenby Cockermouth Recommendation: Approved Summary/Key Issues Issue Conc lusion Discharge of It is considered that the details submitted are acceptable and Condition 13 satisfy the discharge of Condition 13 regarding the submission of a landscaping scheme. Discharge of It is considered that the details submitted are acceptable and Condition 21 satisfy the discharge of Condition 21 regarding the submission of an Ecology Method Statement. Proposal This application is to discharge Conditions 13 and 21 of planning application 2/2014/0350 for M-Sport Limited at Dovenby Hall. The development is for : Full planning permission for M-Sport Evaluation Centre, testing and evaluation facility, and Outline planning permission for future expansion space, Offices and Hotel. - Condition 13 relates to the submission of a scheme/detailed plans of hard and soft landscaping, - Condition 21 relates to the submission of a detailed method statement which draws on and consolidates the mitigation measures and recommendations of the Environmental Statement Ecology Technical Appendix; the Environmental Statement Landscape and Visual Technical Appendix; the Woodland Management Plan; Arboricultural Report; Preliminary Tree Assessment for Bat Roost Potential; and Botanical Assessment. Both of these Conditions relate to the area of the site that has Full planning permission for the MSport evaluation centre, testing and evaluation facility. Site The site is comprised of parts of the Dovenby Hall Estate, which in total extends to approximately 45ha. It is located directly adjacent to the small village of Dovenby, 4km north-west from the centre of Cockermouth. The Dovenby Hall Estate is enclosed by historic stone walls and much of the site is screened from public view by bands of mature trees. The northern boundary of the Estate is formed by the A594 to Maryport and this provides the main access to the site. The south east boundary is formed by Brides Beck and the south west boundary by open fields, with Dovenby village to the north west. The estate is the headquarters of MSport, and this Application is for the discharge of two Conditions (13 & 21) from the recent Planning Approval to develop the site further (Planning Reference 2/2014/0350). The Conditions relate to the Full Planning Application for the evaluation centre, test track, maintenance shed, fuel stores and associated car parking. This is to be located on an area to the more easterly section of the estate. At present only a small proportion of this area is developed, hosting two buildings originally constructed for the Dovenby hospital. The remainder of this area is undeveloped and hosts a cricket pitch, open parkland and grazing land with a significant number of mature trees. Relevant Policies Allerdale Local Plan (Part 1) S33 – Landscape Policy S35 – Protecting and enhancing biodiversity and geodiversity DM17 – Trees, Hedgerows and Woodland Relevant Planning History 2/2014/0350 – Demolition of up to seven buildings including School House, Hodgson House and Howard House. Full planning application for M-Sport Evaluation Centre (B1), testing and evaluation facility (2.5km in length) (Sui Generis), car parking (242 spaces), earthworks including sound attenuation bunds, surface water attenuation ponds, ground maintenance shed incorporating fuel store (B1 and B8) and separate underground fuel tank. Temporary widening of eastern access from A594 for construction vehicles. Outline planning application for future expansion space of 5000sqm (use class B1), Offices 2450sqm (B1), 60 bed Hotel 6000sqm (C1) all to include associated parking and external works. Approved December 2014. Representations Natural England Condition 21 (Species) - Natural England has published standing advice on protected species and you should apply the standing advise to the application. Condition 13 (Ancient Woodland) – Natural England has standing advice on ancient woodland. Forestry Commission - Advise that the Forestry Commission have not approved a Woodland Management Plan for this property and have not had one submitted for approval. However, they would expect any management plan to comply with the UK Forest Standard. - Section 4.3 of the Ecology report highlights that a buffer of 2-3m will be left adjacent to Ancient Woodland. Standing Advice note (Natural England) suggests that this distance should be at least 15m from the edge of the Ancient Woodland. - The Forestry Commission advocates the level of species diversity that is being proposed in the planting plan, in particular the inclusion of Scots Pine and Holly for an evergreen element. - The construction of the track will sever the connectivity of the woodlands along the southern edge of these proposals. Consideration should be given to planting a single row of trees along this southern edge to retain some connectivity once the trees have matured. - During (and following) development works any areas designated for tree planting are carefully managed to ensure that soils are not compacted and are of a suitable depth to ensure that Three letters of objection have been submitted . These make the following comments: - All the Conditions relating to this controversial planning application should be dealt with by Development Panel as they should come under proper scrutiny being fully transparent to the general public. - It is of considerable concern that MSport have not sorted the detail of their proposals for drainage and the containment of a 100yr rain event before detailing tree planting proposals. The area for planting depends on the nature of the storage cells and the depth of soil above the concrete top as well as the additional ponds which will be required. Getting the right sequence of plans for approval is vital to getting both the flood prevention and tree planting correct. - Condition 13 cannot be satisfied until Condition 17 regarding detailed drainage design (as recommended by the Environment Agency) plus the Condition regarding the scheme to install underground tanks (as recommended by the Environment Agency) have been approved. - Because a thousand cubic metres cannot soak away from the car park, an underground tank is required to hold the water, with a car park on top which is stated in a Condition. Until this Condition regarding the underground tank is approved then Condition 13 cannot be considered. No explanation or drawing is given for showing how trees and shrubs can be planted and grow on top of a concrete lid over a storm cell. - There is too much vagueness in the drainage to Brides beck to allow the application. - There needs to be detailed drawing and explanation of the route and depths of drainage pipes between the three attenuation ponds and the outflow. The exact route of the outflow must be shown because the inferred route down the track to avoid disruption to trees would require a connection to the Brides Beck that could interfere with access to Station House. - The size of the drainage ponds is not known and so planting and landscaping around them cannot be planned. The ponds may have to be three times as big and this will impact on the planting application. - If the ‘’storm cell’’ under the car park is no longer to be built then much more volume and surface area is required for the ‘’storm cell’’ with 1 in 100 plus 30% rainfall capacity. - Unless all the drainage data is clear and complete enough for an independent professional peer review to confirm or comment on the calculations then there is likely to be a serious challenge of process. - There is a condition that requires a buffer zone around the ancient woodland but this buffer zone is invaded by the earth bunds which is contrary to the stipulated condition. - ASNW Buffer zone in CPT08 is encroached by the Noise Attenuation Bund. No development, including earthworks, should occur in the Buffer zones. The soil composition being of up-most importance. - There are concerns regarding the implementation of the felling and planting in the area of ASNW CPT08. 2000M 2 of wood of a total of 6000M 2 is scheduled to be felled. However, in reality an area of 4000m 2 has already been felled of CPT08. The planting plan clearly shows that CPT08 falls under the planting plan (and not the Woodland Management Plan) but fails to show this area to be clear felled, or whether it is to be replanted. This detail could have an impact on whether the developer can meet the 1:1 replanting condition set up on them. Therefore it is important that there is clarification that the area felled but not covered under the planting plan will be restored to Woodland, and the soils being left relatively undisturbed in order to reinstate the plot as PAWS. - As the track comes within only a few metres of the north and south boundaries of the site this effectively severs the wildlife corridors traversing the site currently. Deer and other Fauna use these routes to migrate between the west and east of the site. It would seem sensible to maintain these corridors in CPT03 and CPT09 and provide cover in the form of further planting. - Concerns are raised that tree felling in the development site has been allowed to commence prior to Condition 13 and 21 been formally satisfied. - What procedures were implemented for the protection of Red Squirrel displaced from their Dreys by the cutting of trees within the development zone? - Also, were any instances of bat in-habitation found in the felled area? It was identified in the supporting ecology reports that the development site was likely to support bat species by way of roosts and foraging area. As these trees have now been felled was any evidence found of bat species in-habitation? Main Issues: Condition 13 - Regarding the submission of a hard and soft landscaping scheme.