Borough Council Planning Application CON2/2014/0350

Proposed Compliance with conditions 13 & 21 on planning approval Development: 2/2014/0350 Location: Dovenby 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 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

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.

Planting and tree planting plans have been submitted regarding Condition 13.

In addition to the planting plans, a Woodland Management Plan was submitted last year and a Felling Licence was issued by the Forestry Commission on 23 rd July 2014. As such, the felling of trees has already commenced on site. The felling of trees does not constitute development and does not require planning permission or any other form of consent from the local planning authority. It also does not constitute commencement of the development or implementation of the planning permission (planning approval 2/2014/0350).

Turning to the issue of the landscaping plans. The plans show that directly adjacent to the race track open meadow grass and wildflower seeding is proposed, and in the areas surrounding the ponds this is replaced with ‘pond margin grass’ and wildflower seeding. Furthermore, along the track perimeters 3m wide grass verge (and in some sections 3m wide astroturf verge) is shown. Amenity shrub planting and native pond margin planting is also proposed.

Sound attenuation bunds are proposed adjacent to the perimeter of the track. The bunds vary in height between 2m and 4m with a footprint of approximately 6.5m. To the sound attenuation bunds the grass and wildflower seed is to be applied by Hydramax CX seeding to ensure early slope stability and rapid establishment.

The sound attenuation bunds will create a permanent buffer to the retained woodland, and will be formed with topsoil stripped from the test track area. During construction of the test track area the bunds will act as a permanent boundary to contain all construction plant within the works footprint and away from the woodland. A buffer zone of 2 – 3m will be established between the trees at the edge of the retained ancient woodland and the outer edge of the new test track bund; this will ensure no permanent effects from soil compaction.

Native woodland tree planting is proposed to the east of the Grounds Maintenance Shed. It is also proposed to the west of the Grounds Maintenance Shed beyond the car parking area; to the west of Sutton house; and to the east of the Theatre office. Areas of new native mixed trees are also proposed. Woodland mix 2 has Pinus Sylvestris at 20% (Scots Pine) included. Woodland mix 1, 2 and 3 has native boundary hedge to all include llex aquifolium (Holly) at 5%, 20%, & 30% respectively. The Forestry Commission have confirmed that they advocate this level of species diversity particularly the inclusion of Scots Pine and Holly for an evergreen element.

The planting plans also indicate the existing areas with large trees being retained/managed; the existing areas with young/medium size trees being retained/managed; and the existing areas with shrubs/low level planting being retained/managed. Full details are shown on the Woodland Management Plan.

Furthermore, the tree planting plan indicates the existing woodland and individual trees that are to be removed.

With regard to individual trees T1-28 are to be removed (29 trees); T201 and T202 (2 trees) are to be removed; and G4 (48 trees) are to be removed. These trees are located in the area where the race track is proposed to be located.

With regard to woodlands. The area marked CPT03 to the north east of the site adjacent to the A594 is to have 4,300m 2 removed (48,910m 2 to be retained); The area marked CPT09 to the south west of the site adjacent to the boundary with open fields is to have 6,750m 2 removed (6,810m 2 to be retained). The area marked CPT08 (PAWS) located to the south west of the proposed race track is to have 2,150m2 removed (4,100m2 to be retained).

During tree felling the forestry operations are proposed to use low ground pressure machinery to reduce soil compaction and damage to roots, and care will be taken when large equipment is entering or leaving the site to avoid crown damage to overhanging trees. Limited side pruning of existing trees will be required to allow construction machinery to access, and felling methods are proposed to avoid damage to retained trees.

It is acknowledged that the construction of the track will sever the connectivity of the woodlands along the southern edge of the proposal; however, it is considered that the flower planting on the bund will maintain connectivity between these zones (Areas CPT08 & CPT09 as indicated on the tree planting plan). Furthermore, the reason for the lack of trees in this area is the avoidance of the Roman Road in this location. As such, this aspect of the proposal is considered to be acceptable.

Finally, turning to the issue regarding the provision of a buffer zone to the Ancient Woodland. Standing Advice note from Natural England suggests that a distance of a least 15m should be retained from the edge of the Ancient Woodland. The Tree/Planting Plan clearly indicates the position of the 15m buffer zone. In the south west corner of the site the sound attenuation bund, and the track run off, form part of the buffer zone. However, a distance of 15m is still retained between the woodland and the track.

It is also important to add that the rest of the buffer area located further along the track has a minimum width of 15m, and in some areas a distance of between 20m and 40m is achieved between the woodland and the track.

To summarise regarding Condition 13, it is considered that the details submitted are acceptable and satisfy the discharge of the Condition. Taking each part of Condition 13 in turn:

Part 1 – Regarding submission of ‘’details of any trees to be retained, together with measures for their protection during construction’’ is considered to be satisfied.

Part 2 – Regarding submission of ‘’measures for the protection of areas of woodland during construction’’ is considered to be satisfied.

Part 3 – Regarding ‘’a buffer zone to the Ancient Semi Natural Woodland (ASNW), is to be kept clear of all construction work, plant & machinery’’ is considered to be satisfied.

Part 4 – Regarding ‘’compensatory planting for the loss of ASNW/PAWS by way of new native woodland. This area shall subsequently be retained for the lifetime of the development’’ is considered to be satisfied.

Part 5 – Regarding ‘’details of a replacement planting scheme at a ratio of 1:1 for all other trees/woodland’’ is considered to be satisfied.

The final wording in the condition states that ‘’ All planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority’’. This part of the Condition is on-going.

Condition 21 – Regarding a detailed method statement that addresses all habitat and species, and consolidates the mitigation measures and recommendations in the Environmental Statement

An Ecology Method Statement has been submitted regarding Condition 21.

The report sets out how the project will meet requirements in terms of mitigation and methodology during construction. It also details post construction monitoring and ongoing site management.

The document comprises of three separate sections that refer to ecological features and work schedules on site : - Construction Environmental Management Plan (CEMP) - Habitat & Species Management Plan (HSMP) - Monitoring Plan

Mitigation on site relates to timing / methodology for bats, breeding birds, tree and habitat protection and reinstatement, general measures and management / monitoring plans. a) The Construction Environmental Management Plan (CEMP) provides guidelines for the contractors in order to ensure that all works on site are undertaken in compliance with the planning conditions and current legislation. It also presents measurable timescales for all of the protection measures on site.

With regard to habitats of bats in the Ancient Woodland, the OpenSpace Bat and Tree reports revealed no evidence of roosting bats within the surveyed trees. The potential risk to roosting bats in trees is low, however, specific measures of working (as outlined in the Ecology Statement) will be used to remove any risk of harm to individual bats. With regard to habitats of bats in buildings, bat survey work identified 17 transient/day bat roosts within two buildings – Howard House (building F) and Hodgson House (building K). Therefore a European Protected Species Licence (EPSM) issued by Natural England is required prior to the demolition of these buildings. The mitigation strategy will reinstate bat roost provision on site and ensure that the impacts of the roost destruction are minimised.

With regard to habitats of breeding birds, the woodland, trees, scrub and old school house within the proposed development have potential for use by breeding birds. Therefore, most tree removal and the demolition of this building will be undertaken outside of the bird breeding season to reduce the potential of any impact on breeding birds. Should the works commence to clear these areas of the site within the bird breeding season these works should be conducted under the supervision of a suitably qualified ecologist / watching brief.

With regard to other species, specific awareness measures are proposed to reduce any low risk of disturbance to individual animals that may be present on site during construction. The awareness measures are detailed in the Ecology Method Statement. b) The habitat & species management plan (HSMP) aims to deliver ecological mitigation and enhancement measures relating to the development. The main objective is to mitigate for the loss of ecologically valuable habitats (such as semi-natural ancient woodland), mitigate and enhance the site for protected species (such as bats and breeding birds) and deliver wider biodiversity gains.

As enhancement measures additional tree planting and woodland enhancement will be undertaken. New tree planting will replace areas of woodland and scrub. The planting ratio is 1.11:1 which is an 11% increase in tree planting areas. The provision of 1.5ha of new tree planting will increase / provide suitable habitat for many local bird species. In addition, wild flower grassland will provide enhancement to biodiversity on site, and the incorporation of a high proportion of native species will aim to enhance the ecological diversity of the area. The new provision of 5.2 ha wildflower grassland will significantly improve the hunting habitat for local populations of birds and barn owls, and the wildflower planting will provide additional food in the autumn months.

With regard to species mitigation, the new storage shed design has incorporated a number of replacement bat roost features. To offer continued roost provision throughout and post works enhancement bat boxes will be installed on site prior to the commencement of works. 27 woodcrete Schwegler bat boxes will be installed on mature trees across the site, and all will be placed on suitable trees at around 4m above ground level. 30 bird nest boxes are also proposed to be installed on suitable mature trees throughout the site / woodland.

Evidence indicates that a barn owl is nesting in a building outside of the MSport site, to the north west of Dovenby Hall. Although this is not within the development boundary 4 barn owl boxes will be provided to provide enhancement for this species. c) The monitoring & maintenance plan. Post construction will provide information on the impact of the proposed development. The bat roost provision and bat boxes will be maintained by the site owner. This will be managed under a monitoring scheme. Monitoring of bird boxes will be carried out on an annual basis for 5 years after completion of the construction project. The barn owl boxes will also be monitored to establish if they are being used by barn owls.

Regarding red squirrels, surveys will be undertaken at year 1 and 3 after completion of the project. All the retained woodland areas and new tree planting areas will be inspected for signs of use.

Other Issues :

Concerns have been raised in the letters of objection that the Condition’s relating to drainage details, and an underground tank being located under the car park have not yet been discharged. The objectors state that the landscaping conditions should not be discharged until the drainage details have been agreed. It is important to point out, however, that the conditions regarding drainage have already been discharged.

The following conditions have previously been discharged : Condition 5 regarding a ‘Demolition and Construction Method Statement’; Condition 8 regarding the specification details for the proposed bunding; Condition 17 regarding drainage; Condition 18 regarding underground fuel stores; And Condition 19 regarding contamination.

Conclusion Recommend Approval of Conditions 13 and 21.