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APPLICATION No: 14/64676/FUL APPLICANT: Mr Alan Whitehead - Moss Farm Fisheries LOCATION: Moss Farm , Cutnook Lane, , M44 5NB PROPOSAL: Retrospective planning application for the construction of four fishing ponds and use of existing buildings as a café, wormery and tackle shop WARD: Irlam

Description of Site and Surrounding Area

This application relates to a 10.3 hectare site on Irlam Moss which comprises land, car parking, a number of buildings and a total of six ponds, two of which were permitted under application 07/54591/FUL with the remaining four being under the consideration of this application. The site is surrounded by other farms and associated buildings, land and access tracks. The site is located within the Green Belt and the character of the moss is largely flat with any raised areas predominantly limited to site boundaries/ditch drain bankings. The original site entrance off Cutnook Lane and to the east of the dwelling house has been blocked up with access new taken from a point further south along Cutnook Lane. The access road leads up between the two authorised ponds up to the car parking area and the site buildings.

The buildings on site include the Farm House and two barns to the north and west of the farmhouse as well as a café, tackle shop, wormery, storage buildings and a number of disused containers. There are no new buildings on site, however the use of the buildings as a wormery and café do not have the benefit of planning permission and are to be considered as part of this application. The 2010 application permits the provision of a log cabin for use as a tackle shop, however the tackle shop is operating from an existing building on site rather than the building identified under application 10/58869/FUL.

The area of the four new ponds was previously fields. Cutnook Lane and the other surrounding roads are identified as public rights of way. There are no public rights of way which cross the site, although there is a pathway which provides access around the perimeter of the site which the application refers to as a nature trail.

Raspberry Lane is to the south of the site, this lane is overgrown and no longer provides an access route. To the east and west of the site are ditch drains with access roads/public rights of way beyond. The nearest residential properties are Oakfield to the south and Woodbarn Farm and Birch View Farm to the west.

Description of Proposal

This application seeks to regularise the current use of the site and will therefore consider the construction and use of the four additional fishing ponds, the tackle shop, the café and the wormery. Further details of each of the parts are provided below:

Tackle Shop

Whilst the tackle shop is not operating from the building identified under the 2010 application its use remains the same as that considered under application 10/58869/FUL which was permitted. It utilises an existing building which has been in situ since approximately 2012 and as such the construction of the building is immune from enforcement action. The tackle shop building is within the same ownership as the remainder of the site but is independently run. It is not considered that the current tackle shop use has changed significantly since the approval of application 10/58869/FUL and it is acknowledged that the provision of the onsite tackle shop supports the use of the site as a fishery having particular regard to the two ponds to the east of the site which were granted planning permission in 2007. The opening hours for the tackle shop are 8am – 4pm.

Wormery

The wormery is housed within an existing building adjacent to the car parking area. Toilets are provided in the rear of this building and it has at some point been extended to the rear to provide a building for the storage of equipment. The applicants have advised that the wormery and storage building were erected around 2010. The owners of the site grow worms in the wormery which are used to feed the fish throughout the year and are also sold to people using the site for fishing.

Café

The café operates from an existing building to the north of the car park area which the applicants have advised was built by the previous owners as part of an old permission for a cattery and kennels at the site. The café has two members of staff and as with the tackle shop the café is independently run but the building is owned by the applicants. The operating hours of the café is 7.30am – 3pm Tuesday to Sunday and it employs 2 members of staff.

Ponds

The two authorised ponds are located to the eastern side of the site. Access is provided via a road between these two ponds and up to the car parking area and site buildings. The four ponds which are the consideration of this application are located to the western side of the site and have been created through the importation of material to raise the land levels to allow the formation of the ponds without excavation of the land and the peat which the applicants confirm lies below. Access is provided from the car parking area up a short hill, to allow for the change in levels which have been engineered on site, with the ponds all being lined next to each other running from north to south across the site. The areas between the ponds are laid to grass. The first pond includes further raised areas for stock ponds adjacent to both sides where smaller fish are kept until they are big enough to be fished at which time they are moved into the larger ponds.

The construction of the ponds began in September 2013 and was completed around May 2014. The submitted ‘Long section LS04-06’ plan (drawing number BC-1702-697-R1-F08) shows the water level of the two authorised ponds at 24.98m with the water level of the four new ponds at 27.1m, a difference of 2.12m.

The fisheries are open between the hours of 7am and 7pm in the summer and 7am to approximately 4pm in the winter months. Overnight camping is available on the large specimen lake, once the gates are locked at night visitors are not able to leave and any people staying overnight have to be a member of the lake and carry photo ID at all times.

Dwelling House and Barns

The farm house is sited towards the eastern end of the site and to the north of the two authorised fishing ponds. Further north of the dwelling house are two barns. No changes are proposed to the dwelling house and the two barns as part of this application although it is noted that application 16/69231/FUL is currently under consideration which proposes the demolition of existing buildings and structures, and erection of one replacement dwelling house and the construction of 5 additional dwelling houses with associated works.

There is an existing building identified as a visitor centre on the submitted site plan, however the applicants have advised that the site as a whole is considered to be a visitor centre and during the site visit they confirmed that the building in question is used for storage of equipment. In addition the applicants have confirmed that the farm shop is no longer on site and that the building is solely used by the café.

The site is open to fishing club members as well as general members of the public who wish to fish. The applicants seek to encourage the use of the site for non-fishers who may wish to use the facilities or park up and leave their cars whilst they go walking around the area. The site is also used by various community groups and schools and this is discussed in more detail further in the report. The application site includes an informal footpath which runs around the perimeter of the ponds area and allows for camping around the pond areas for fishers. There is an existing hardstanding on site used for car parking as well as an overspill area to the north of the first new pond (Millie). This area is not formally marked out, however the application form indicates that provision for 20 cars is provided as well as 4 disabled parking spaces and 5 cycle spaces. Publicity

Site Notice: Non HH Article 15 Date Displayed: 1 July 2015

Reason: Article 13

Press Advert: Advertiser Date Published: 8 May 2014

Reason: Article 13 Standard Press Notice

Relevant Site History

16/69231/FUL – Demolition of existing buildings and structures, and erection of one replacement dwelling house and the construction of 5 additional dwelling houses with associated works. Pending consideration

10/58869/FUL – Change of use of land and buildings to establish a farm visitors centre, including the change of use of the cattery building for the farm centre, the creation of a new car parking area, the creation of a fishing lake with log cabin for a tackle shop and the erection of two agricultural buildings. Permitted

09/58141/FUL – Agricultural livestock building in association with the proposed visitor centre. Withdrawn

09/58142/FUL – Creation of two fishing lakes and the siting of a log cabin for fishing tackle and bait. Withdrawn

09/58150/FUL – Change of use of land and buildings at Moss farm to establish a Farm Visitor Centre, including the change of use of the cattery building for the farm visitor centre and the creation of a new car parking area. Withdrawn

07/54591/FUL, Approved – Change of use of agricultural land to form two fishing lakes, siting of log cabin together with associated car parking and treatment plant for foul sewerage. Permitted

06/53847/FUL – Demolition of existing buildings and erection of two timber clad buildings each comprising ten stables with hay loft and office together with a fenced sand and rubber all weather exercise area for use as a livery/training yard and stud together with improvements to existing access and provision of car parking area. Withdrawn

94/33116/COU – Change of use and conversion of former farm buildings to form kennels and cattery. Permitted

Neighbour Notification

The occupiers of three neighbouring properties have been notified of the application.

Representations

One objection letter has been received from planning consultants acting for the owner/occupier of a neighbouring property. The letter raises the following concerns:  The built scheme bears no resemblance to the previous application and relates wholly to a commercial development.  The grazing area for livestock will be replaced by fishing lakes and the nature trail no longer forms part of the proposal.  None of the wider community benefits form part of the built scheme.  The scheme and its intended use do not give rise to any very special circumstances to be weighed against inappropriate development within the Green Belt.  The development is inappropriate in the green belt and is contrary to the requirements of the NPPF.  The engineering works are contrary to the character of the surrounding land and is out of keeping and detrimental to the visual amenity of the Moss.  Increased risk of flooding  The raising of the land and use by anglers results in overlooking and a loss of privacy.  Application 10/58869/FUL conditioned the use of the visitor centre to 8am – 6pm. If permission is granted a condition preventing the use of the ponds during unsociable hours and in particular during evening and night-time.  The application is supported by a document which sets out that there is local support for the development. The document includes a 13 signature petition as well as letters from local residents, local primary schools; the ranger for Irlam and Parks and a local ornithologist and wildlife specialist. The letters date between 2009 and 2014.

Other supporting documents have been submitted alongside the application including magazine articles, details of awards won by the fisheries and details of positive comments left by users of the site.

Consultations

Environment Agency - No objection in principle to the development and no comments to make.

Senior Engineer Flood Risk Management – Raise concerns regarding the impact on the drainage of adjacent land. Recommend that if approved a drainage condition be attached for the installation/construction of an appropriate drainage system.

Highways – No objections

Urban Vision Environment (Air And Noise) - Urban Vision Environment team have no comments or objections to make for this application in respect of Environmental Protection matters.

Urban Vision Environment (Land Contam) - Urban Vision Environment team have no comments to make for this application in respect of contaminated land.

Greater Ecological Unit – Please refer to ecology section of report below

Planning Policy

Development Plan Policy

Unitary Development Plan ST1 - Sustainable Urban Neighbourhoods

This policy states that development will be required to contribute towards the creation and maintenance of sustainable urban neighbourhoods. Unitary Development Plan ST4 - Key Tourism Areas

This policy states that the following areas will be protected and enhanced as tourism destinations and tourism development will be focused primarily within 1. Salford Quays 2. Chapel Street 3. Village, Barton Swing Aqueduct and the Bridgewater Canal Corridor.

Unitary Development Plan ST9 - Retail, Leisure, Social Community Prov

This policy states that the provision of a comprehensive and accessible range of retail, leisure, social and community facilities will be secured by, protecting and enhancing the vitality and viability of existing town and neighbourhood centres, adopting a sequential approach to the location of new retail and leisure development and facilitating enhanced education, health and community provision that will be maintain and enhanced.

Unitary Development Plan ST13 - Natural Environments Assets

This policy states that development that would result in an unacceptable impact on any of the city's natural environmental assets will not be permitted.

Unitary Development Plan A2 - Cyclists, Pedestrians and the Disabled

This policy states that development proposals, road improvement schemes and traffic management measures will be required to make adequate provision for safe and convenient access by the disabled, other people with limited or impaired mobility, pedestrians and cyclists

Unitary Development Plan A8 - Impact of Development on Highway Network

This policy states that development will not be permitted where it would i) have an unacceptable impact upon highway safety ii) cause an unacceptable restriction to the movement of heavy goods vehicles along Abnormal Load Routes.

Unitary Development Plan A10 - Provision of Car, Cycle, Motorcycle Park

This policy states that there should be adequate provision for disabled drivers, cyclists and motorcyclists, in accordance with the Council’s minimum standards; maximum car parking standards should not be exceeded; and parking facilities should be provided consistent with the provision and maintenance of adequate standards of safety and security.

Unitary Development Plan DES1 - Respecting Context

This policy states that development will be required to respond to its physical context and respect the positive character of the local area in which it is situated and contribute towards a local identity and distinctiveness.

Unitary Development Plan DES7 - Amenity of Users and Neighbours

This policy states that all new development, alterations and extensions to existing buildings will be required to provide potential users with a satisfactory level of amenity in terms of space, sunlight, daylight, privacy, aspect and layout. Development will not be permitted where it would have an unacceptable impact on the amenity of occupiers or users of other development.

Unitary Development Plan DES9 - Landscaping This policy states that hard and soft landscaping should be provided where appropriate that is of a high quality and would enhance the design of the development, not detract from the safety and security of the area and would enhance the attractiveness and character of the built environment.

Unitary Development Plan DES10 - Design and Crime

This policy states that developments must be designed to discourage crime, antisocial behaviour, and the fear of crime. Development should i) be clearly delineated ii) allow natural surveillance iii) avoid places of concealment iv) encourage activity within public areas.

Unitary Development Plan EN1 - Development Affecting the Green Belt

This policy states that carrying out engineering and other operations and making material changes to the use of land are inappropriate development unless they maintain openness and do not conflict with the purposes of including land in the Green Belt. Planning permission will not be granted that might be visually detrimental by reason of its siting, materials, or design, even where it would not prejudice the purpose of including land in the Green Belt. Planning permission will be granted for the working of minerals, provided that high environmental standards are maintained, the affected sites are well restored, and the development is consistent with other policies and proposals of the Plan.

Unitary Development Plan EN4 - Farm Diversification

This policy states that proposals will be permitted where 1) a contribution is made to sustainable development objectives of the UDP, 2) the development helps to sustain rather than replace agricultural enterprise, 3) the development is consistent in terms of scale, 4) the development will not result in excessive expansion and encroachment of built development into the countryside, 5) the development results in the reuse or replacement of existing buildings where feasible, 6) the development would not have an unacceptable impact on the amenity of nearby residents, other rural businesses, or recreational users of the area.

Unitary Development Plan EN8 - Nature Conservation of Local Importance

This policy states that development that would adversely affect the nature conservation value of a Site of Biological Importance, a Local Nature Reserve, or a priority habitat for Salford as identified in the Biodiversity Action Plan, will only be permitted where the benefits of the development clearly outweigh the reduction in the nature conservation interest of the site; the detrimental impact has been minimised as far as is practicable; appropriate mitigation measure have been provided. Conditions or planning obligations will be used to ensure the protection, enhancement and management of these sites and habitats.

Unitary Development Plan EN11 - Mosslands

This policy states that development on land that cannot practicably be restored to lowland raised bog habitat will be permitted provided it would not prevent the restoration of other land to that habitat. The overall nature conservation interest of the Mosslands will be maintained.

Unitary Development Plan EN17 - Pollution Control

This policy states that in areas where existing levels of pollution exceed local or national standards, planning permission will only be granted where the development incorporates adequate measures to ensure that there is no unacceptable risk or nuisance to occupiers, and that they are provided with an appropriate and satisfactory level of amenity.

Unitary Development Plan EN18 - Protection of Water Courses This policy states that development will not be permitted where it would have an unacceptable impact on surface or ground water.

Unitary Development Plan EN19 - Flood Risk and Surface Water

This policy states that any application for development that it is considered likely to be at risk of flooding or increase the risk of flooding elsewhere will need to be accompanied by a formal flood risk assessment. It should identify mitigation or other measures to be incorporated into the development or undertaking on other land, which are designed to reduce that risk of flooding to an acceptable level.

Other Material Planning Considerations

National Planning Policy

National Planning Policy Framework

Local Planning Policy

Supplementary Planning Document - Nature Conservation and Biodiversity

This policy document expands on the policies of the Unitary Development Plan relating to the issues of nature conservation and biodiversity, and seeks to ensure that all stakeholders have a clear understanding of how those policies should be implemented and their desired outcome.

Planning Guidance - Flood Risk and Development

The overarching aim of the planning guidance is to ensure that new development in areas at risk of flooding in the city, is adequately protected from flooding and that the risks of flooding are not increased elsewhere as a result of new development.

It is not considered that there are any local finance considerations that are material to the application

Appraisal

Following the publication of the National Planning Policy Framework (NPPF) it is necessary to consider the weight which can be afforded to the policies of the Council's adopted Unitary Development Plan (paragraph 215 NPPF 27th March 2012).

In terms of this application it is considered that the relevant policies of the UDP can be afforded due weight for the purposes of decision making as the relevant criteria within the UDP policies applicable to the proposed development are consistent with the policies contained in the NPPF.

The main planning issues to be considered in determination of this application are as follows: -

 Strategic location  Proposed use  Farm Diversification  Impact on Green Belt  Community benefits/Very Special Circumstances  Amenity  Highways and Access  Ecology  Contaminated land/Protection of water resources  Drainage and Flood Risk  Conclusion Strategic Location

UDP Chapter 3 identifies a Spatial Framework for the City and recognises that the opportunities and the need for development, regeneration and environmental protection vary in their scale and nature across the city. The site is located within The Urban Fringe and Countryside where the emphasis is on the protection and sustainable use of the city’s open land resource.

The site is located on Irlam Moss and is wholly within the Green Belt (EN1)

Proposed Use

UDP Policy ST4 sets out the key tourism areas within the city.

UDP policy ST9 sets out a sequential approach to retail, leisure, social and community facilities

The site is not located within one of the identified key tourism areas identified in policy ST4 which are located within more built up areas at Salford Quays, Chapel Street and around Worsley Village/Barton Swing Aquaduct and Bridgewater Canal Corridor.

No details have been provided in relation to the consideration of alternatives sites, however whilst the fishing lakes would be a leisure use, the very nature of the use is such that it requires large areas of open space and cannot be directed to a more built up area. In addition it represents the expansion of an existing leisure use provided by the two authorised fishing ponds.

Farm Diversification

UDP Policy EN4 states that proposals involving the diversification of farms into non-agriultural activities will be permitted where they would:

i. contribute to the sustainable development objectives expressed in the aims of the

UDP;

ii. help to sustain rather than replace the agricultural enterprise;

iii. be consistent in their scale with their rural location;

iv. not result in excessive expansion and encroachment of built development into the countryside;

v. reuse or replace existing buildings where feasible; and

vi. not have an unacceptable impact on the amenity of nearby residents, other rural businesses, or recreational users of the area.

The site is not currently in use as a farm, however the site has in the past been registered with Defra as a pig holding and the scheme put forward under application 10/58869/FUL included an area for the grazing of livestock as well as an agricultural building for livestock. The applicants have confirmed that the site has not been used for pigs since the approval of the first two fishing ponds.

The development which is the subject of this application is an expansion of the existing fisheries and the two authorised ponds. The café, tackle shop and wormery utilise existing buildings on site. It is not considered that the use of the site for the fisheries results in an unacceptable impact on nearby residents and other rural businesses nor does it impact on the recreational use of the Mosslands area. The reasoned justification to policy EN4 states that where a proposal comprises inappropriate development in the Green Belt, any wider benefits resulting from the diversification may contribute to the ‘very special circumstances’ required for the development to be granted permission. The impact of the development on the Green Belt are set out in more detail below.

Impact on Green Belt

Section 9 of the NPPF relates to Green Belt land and this is supported by UDP Policy EN1.

Whilst paragraph 89 of the NPPF includes the provision of appropriate facilities for outdoor and sport and recreation as an exception to inappropriate development (as long as it preserves the openness of the green belt and does not conflict with the purposes of including land within it) it is noted that in this instance the development does not include the construction of new buildings but relies on the existing buildings on site for the associated café, tackle shop and wormery and that the construction of the ponds is not a new building. Therefore the proposal cannot be considered to fall within one of the exceptions listed in paragraph 89 of the NPPF.

Paragraph 90 details other forms of development which are also not inappropriate within the green belt provided they preserve the openness of the greenbelt and do not conflict with the purposes of including land within it and includes engineering operations and the re-use of buildings provided they are of permanent and substantial construction.

It is noted that two of the ponds currently on site were granted planning permission under the 2007 application. However, the construction of the two authorised ponds has not resulted in a significant increase in land levels at the site and it was not considered that the construction of these two ponds was inappropriate development in the green belt.

It is also noted that part of the area of the four new ponds has previously been considered acceptable for use as a fishery under application 10/58869/FUL which included a large fishing pond however the construction of the proposed pond did not involve the importation of large amounts of material but was to be constructed in a similar way to that of the ponds authorised under the 2007 application. The construction of the associated buildings considered under the 2010 application to support the primary fishing use were deemed to be inappropriate but it was considered that they would not be harmful due to the overall reduction in built floor space on site and that the strong support from the community and the educational and recreational benefits of the development, on balance, justified the development within the green belt.

The construction of the four new ponds involved the importation of large amounts of material (estimated to be in the region of 49,000 tonnes) which has significantly increased the land levels at this part of the site and allowed the ponds to be created in this way rather than digging down from the existing ground level as was done with the previous two authorised ponds.

The raising of the land levels across a site of this size and in an area of green belt characterised by large flat expanses of land with raised areas only defining boundaries and embankments around drainage ditches cannot be said to be appropriate and it is considered that the engineering operation which has taken place is out of character with the area, does not preserve the openness of the green belt and is harmful both in close range and from ranging views across the moss lands, although it is acknowledged that the level of harm is reduced when viewed from a distance.

In terms of the café, tackle shop and wormery, one of the exceptions to inappropriate development in the green belt as set out in paragraph 90 is the re-use of buildings provided that the buildings are of permanent and substantial construction. The wormery, tackle shop and café all utilise existing buildings at the site and as such would not result in any encroachment into the green belt. Whilst these facilities could operate on their own it is considered that the majority of customers would be those using the wider site and given that the use of the site as a fishery is not unacceptable in itself it is not considered that the re-use of the existing buildings for the supporting uses would be inappropriate in this instance and would be in accordance with Paragraph 90 of the NPPF.

As such, whilst the principle of the use of the site for fishing ponds is acceptable, the engineering works undertaken to create the ponds is inappropriate development in the green belt and results in an unacceptable level of harm to its openness. The development is therefore contrary to UDP policy EN1 and the NPPF.

Paragraph 87 sets out that, inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 88 goes on to say that when considering any planning application, local planning authorities should ensure that substantial weight is given to any harm to the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

The applicants have provided supporting information which they consider amount to very special circumstances which outweigh the level of harm identified. The benefits/very special circumstances provided in support of the application are set out and discussed in the next section of this report.

Community Benefits/Very Special Circumstances

The applicants have provided a number of documents in support of the application which provide details of the community use and benefits of the site as well as the very special circumstances which they consider exist for the development. A letter has also been provided by the agent which sets out that should the view be taken that the development is inappropriate and does not conform with relevant planning policy then the following very special circumstances exist for the proposal.

These are summarised in the table below but for ease have been separated into areas which could occur regardless of the presence of the ponds and areas which are facilitated by the presence of the ponds, although it should be noted that a large number of the points detailed under the left hand column (those in italics) could continue to happen if the application were to be refused given that two of the ponds on the site are authorized, however the intensity may be reduced as a result.

Facilitated by presence of ponds Other The fishery has won a ‘not for profit award’ (2011/12) from the They work hard with the local fly British Disabled Anglers Association and a ‘social inclusion award’ tipping officer in cleaning and from Dreamstore as set out in a recent write up in Anglers mail and reporting fly tipping. were nominated for Community Champion in the City West Customer Awards for their special contribution within the community The fisheries facilitate competitions and have a large following for Supported the Key 103 cash for match fishing and have provided a list of 31 clubs which attend the kids Christmas toy appeal; site. The local diving club have been advised that they can use the Alan (applicants) has facility for training and also have advised Barton Airport that in successfully completed a fishery case of emergency they can land in the large pond towards the management workshop at western end of the site. Reaseheath College;

The owners have worked closely with the Hamilton Davies trust. The fisheries helped out when Irlam was hit by a gas blast, opening up their facilities and taking in animals;

Letters of support and a list of positive comments have been Pensioners make use of the provided from users of the site; snippets showing positive write ups café. in the Anglers Mail and in the Irlam and Cadishead Times and thank you letters and letters of support from scouts, schools, families, work placements etc. Greater Manchester Fire Service have been informed that they can take water from the ponds should there be a fire on the moss and can use the fisheries for training exercises. The site welcomes local community groups and schools to the site. Documentation is included from social media posts aimed at getting schools to visit the site for educational purposes and photographs showing visitors to the site in all weathers and wildlife on the ponds. Users of the facility come from all over including Liverpool, Oldham, Bury, Stockport, Glossop, Wythenshaw, Hollingworth and more and not just from the immediate local area. The site is used by bird watching groups; school groups; scout groups; for charity fishing matches; for nature walks around the site. Moss farm Junior Angling club have achieved CLUBMARK Accreditation by the Angling Development Board. England Ladies Angling Club hold their charity match at the site every year. Old customers ashes are on the lakes. It has a variety of coarse fishing lakes providing a wide choice and is accessible to all ages and abilities including those who may be physically challenged or wheel chair bound and children to fish safely in a safe and secure environment. The development provides a wetland habitat that has encouraged many species of flora and fauna that would not normally be found in the area and includes seasonal visitors such as migrating songbirds and wild fowl these in turn encourage many tourists and birdwatchers to the area bringing in money to the local economy. The development provides community benefits and helps support learning for schools as part of the national curriculum; is self- funding and does not receive capital contributions from the city council and provides services and facilities that the city council does not. The development has the support of the local community and wider areas and addresses the needs for encouraging tourism in the area. The development has increased public access throughout Chat Moss for informal recreation purposes where this is compatible with the primary function of sites such as biodiversity and has increased formal recreation and leisure uses adjacent to the urban area on low grade agricultural land; uses the land efficiently, incorporating extensive green infrastructure and has allowed the restoration of existing ecological habitat and the creation of new ecological habitat zones. Established tree planting and extensive landscaping provide an attractive leisure facility set in natural surroundings which incorporate many nature walks for visitors to the site and it would be a big loss to the people of Irlam and Cadishead but also visitors who are attracted to the site for recreation and leisure if the site was to be closed. It has been established that there is a need for a cafe at the site as it is well visited and has regular customers often frequented by many people including tourists from outside the area. The fishery has over 200 members on the Specimen Lake. (The large lake to the western side of the site)

Although it is recognized that the site attracts a large number of visitors and provides a valuable leisure use for anglers, the wider community benefits are more limited and could, in many instances, be realized without the significant engineering operations that took place. The previous application included significant provision for farm use which would have made the site more attractive to a wider audience and this was accepted as part of the previous application to form part of the very special circumstances case.

Green Belt conclusion

Whilst the principle of the use of the site for fishing ponds is acceptable, the engineering works which have resulted in land being raised by between 3-4m to create the ponds is inappropriate development in the green belt and results in an unacceptable level of harm to its openness contrary to UDP policy EN1 and the NPPF.

The supporting information provided by the applicants and agent has been reviewed, however it is not considered that they amount to very special circumstances which clearly outweigh the harm identified to the green belt.

Amenity

The nearest residential dwelling (Oaklands) is located to the south of the site and retains a distance of approximately 20m to the site boundary. To the west the closest dwelling is over 80m from the site boundary and to the north and the east, the distance is even greater. Given the nature of the use and the distances involved it is not considered that the development results in a significant loss of privacy to neighbours. The increase in the height of the land is apparent from neighbouring properties but beyond this it is not considered that there is any significant consequent harm caused to the amenity of neighbours.

It is acknowledged that the works would have generated noise, dust and general disturbance during the construction phase as well as odours from machinery and vehicles, however this was for a limited time period with no long lasting results and this in itself is therefore not a reason to refuse the application. Should the application be refused then it is also acknowleged that there would be a similar level of disturbance and pollution created in the process of returning the site back to its previous state. This again would be for a temporary period only and would not result in lasting impacts on noise and odour at the site.

The use of the site for a fishery and associated café, wormery and tackle shop is not considered to generate unacceptable levels of noise and disturbance particularly having regard to the separation that exists between the site and neighbouring residential dwellings and also the set back of surrounding dwellings from the roads which provide vehicular and pedestrian accesses to the site.

The application has been considered by Urban Vision Air and Noise who raised no objections to the development.

The associated uses make use of existing buildings at the site with no new buildings proposed as part of this application. In addition the buildings are located to the north eastern side of the site away from surrounding residents and face inwards to the car parking area. It is not considered that the development results in an unacceptable impact on the amenity of surrounding residents in accordance with UPD Policies DES7 and EN17.

Highways and Access

The application form confirms that 20 parking spaces are provided at the site as well as 4 disabled parking spaces and 5 cycle spaces, although these are not formally laid out on site. The applicants have advised that no new hard standing for parking has been provided as part of the works to accommodate the four new fishing ponds.

Access to the site is via Cutnook Lane and via an existing access road through the site (in between the two authorised ponds) and up to the area of hard standing which is not formally laid out but is utilised for car parking for visitors to the site. The development does not impact on public rights of way.

Highways have been consulted and raised no objections to the development. As such it is not considered that the development results in an unacceptable detrimental impact on the highway network in accordance with UDP policy A8.

Ecology

The application site is located on Irlam Moss but lies approximately 200m to the south of the heart of the Mosslands as identified by UDP policy EN11. The policy concludes that in every case the overall nature conservation interest of the Mosslands will be maintained.

It is acknowledged that the development of the fishing ponds has involved the importation of large quantities of material in order to raise the land levels across the areas of the ponds and that the works were largely completed prior to the submission of this application.

Should GMEU have had the opportunity to comment prior to the works being carried out then they would have raised concerns in relation to the removal/moving around of substantive volumes of peat and on the potential impacts on surrounding hydrology.

As the works were substantially complete then further questions are raised as to the removal of the imported material and the harm this would also have on nature conservation interests.

GMEU acknowledge that the site has developed some nature conservation interest with the creation of the ponds however it is not considered that this is substantive enough that the requiring the removal of the imported material would cause significant further harm to nature conservation interests.

The original works would have damaged underlying peat substrates and existing nature conservation interests to such an extent that further damage resulting from the removal of the imported material to any remnant ecological interest would be considered unlikely.

The site would be capable of restoration following removal of the tipped material such that some ecological interest could be re-created. Lorry movements across the Moss related to removal of tipped material may cause some disturbance to wildlife using the Moss but this impact could be controlled by proper traffic management.

It is considered therefore that the creation of the ponds by the importation of substantial amounts of material and the raising of the land levels has impacted on ecology to an undesirable degree contrary to UDP Policies ST13, EN8, EN11 and Policy CB1 of the Nature Conservation and Biodiversity SPD. Whilst it is acknowledged that returning the site to its former state would result in some impacts on ecology it is not considered that this is justification in itself to grant planning permission for the works.

Contaminated land/Protection of Water resources

The planning statement submitted in support of the application sets out that the Environment Agency have granted a permit for the importation of 49,000 tonnes of inert waste for the purpose of recovery by means of the construction of a series of lakes/ponds as part of an overall fisheries centre, wildlife and recreational area which was granted in August 2008. The work detailed in the report to the environment agency has been completed on site. (Environment Agency ref: EPR/JB3633AG)

The applicants have also provided a letter from the Environment Agency dated July 2016 which sets out that the permit has now been surrendered and that they are satisfied that all the necessary measures have been taken to avoid a pollution risk resulting from the operation of the regulated facility and to return the site of the regulated facility to a satisfactory state, having regard to the state of the site before the facility was put into operation.

Drainage and flood risk

The application site is located within flood zone 1. However, the development includes the construction of bunds within the site. The council’s drainage engineer has visited the site in order to identify the effects of this on the surrounding land. During the site visit it was apparent that the increase in ground levels resulting from the construction of the bunds may be having a detrimental effect on adjacent land. The ground adjacent to the constructed bunds is exceptionally wet and this could be due to the material used to create the bunds drawing ground water up, resulting in the wetness observed.

As such concerns are raised in relation to the drainage of the site and it is considered that the development has increased the risk of flooding of the surrounding areas contrary to UDP policy EN19. It is acknowledged that the installation/construction of a drainage scheme at the site could overcome this issue and result in the positive drainage of the adjacent lands however no details have been submitted at this stage. Should the application be approved then a drainage condition could be attached in order to address the drainage issues, however as the application is recommended for refusal then the drainage issues cannot be overcome and are added as a further reason for refusal.

Conclusion

Whilst the principle of the use of the site for fishing ponds is acceptable, the engineering works undertaken to create the ponds is inappropriate development in the green belt and results in an unacceptable level of harm to its openness contrary to UDP policy EN1 and the NPPF and it is not considered that the supporting information provided amount to very special circumstances which clearly outweigh the harm identified to the green belt.

The creation of the ponds by the importation of substantial amounts of material and the raising of the land levels has impacted on ecology to an undesirable degree contrary to UDP Policies ST13, EN8, EN11 and Policy CB1 of the Nature Conservation and Biodiversity SPD. Whilst it is acknowledged that returning the site to its former state would result in some impacts on ecology it is not considered that this is justification in itself to grant planning permission for the works.

The development, and in particular the increase in the ground level, at the site has resulted in an increased risk of flooding of adjacent land contrary to Policy EN19 of the Unitary Development Plan. Recommendation

Refusal

1. The development constitutes inappropriate development in the green belt and results in an unacceptable level of harm to its openness. The applicants have not demonstrated that ‘very special circumstances’ exist to overcome the level of harm identified. The development is therefore contrary to UDP policy EN1 and the NPPF.

2. The creation of the ponds and importation of significant amounts of material would have unacceptably damaged any underlying peat substrates and previously existing nature conservation interests contrary to UDP policies EN8, EN11 and Policy CB1 of the Nature Conservation and Biodiversity SPD.

3. The development and in particular the increase in the ground level at the site is likely to have resulted in an increased risk of flooding of the adjacent land and insufficient information has been submitted with the application to demonstrate otherwise contrary to Policy EN19 of the Unitary Development Plan.