Planning Application No's 6-09-9009-10 New Car Park, Barrow Slag Bank, Barrow

DEVELOPMENT CONTROL AND REGULATION COMMITTEE 27 October 2009 A Report by the Head of Environment

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Application No 6/09/9009 & 9010 District Barrow

Applicant Cumbria County Council Parish

Date of Receipt 11 August 2009 ______

PROPOSAL 1. Creation of new carpark and associated infrastructure (6/09/9009) 2. Enhancement works to allow public access to central slag banks (6/09/9010)

Barrow Slag Bank, Walney Road, Barrow-in-Furness, Cumbria, LA14 4QZ ______

1.0 RECOMMENDATION

1.1 That planning permission is GRANTED for the reasons stated in Appendix 1 and subject to the conditions in Appendix 2 & 3.

2.0 THE PROPOSAL

2.1 There are three applications on this agenda relating to Barrow Slag Bank. The creation of new access ramp onto the foreshore (6/09/9008) has been reported as a separate item as it raises different issues from the other applications. These propose the creation of new car park and associated infrastructure (6/09/9009) and enhancement works to allow public access to central slag bank (6/09/9010).

2.2 The slag bank (excluding the car park area) has received a number of consents for the quarrying of slag, the first application being received in 1987. The slag bank was formed as part of the iron and steel works which was established in the mid 1800’s, and ceased working in the early 1980’s. The site has since been redeveloped and consists of industrial units, public open space and the central slag bank.

2.3 The most recent application on the site in 2007 extended the expiry date of the extraction permission to 31 December 2008 to enable restoration to be completed. The works included the restoration of the site with 1 metre of soil, and works in anticipation for the proposed re-use of the site as public open space, connecting the southern and northern sections of the slag banks.

2.4 The works consist of the following :-

6/09/9009 – New car park and associated infrastructure

The proposal seeks the provision of a new more accessible car parking area with disabled access to the existing grass verge adjacent to Ormsgill Lane, works would also include feature boundary wall, new pedestrian access, cycle stands, raised planting beds, informal seating area, feature paving and creation of new grassed area to existing car park. The surfacing materials proposed would consist of mixture of tarmac and slate.

6/09/9010 – Enhancement works to allow public access

The proposal seeks to provide improved access for pedestrians, cycle and wheelchair users to the site. The works would include installation of new footpaths (including enhanced paths for wheelchair users), public open spaces, fencing, stone wall features, hibernacula areas for reptiles, viewing areas with panoramic panels, stone circle and landscaping. The surfacing materials would be mainly crushed Elterwater slate, fused slag and tarmac.

2.5 The site is bounded by Walney Channel and the Duddon Estuary Site of Special Scientific Interest (SSSI), Duddon Estuary Special Protection Area (SPA) and Ramsar site, the Morecambe Bay Special Area of Conservation (SAC) and the Walney Nature Reserves, on its waterside. Ormsgill Farm, the nearest residence, is located about 150 metres to the east of the application site and a railway line (main passenger line from Carnforth to Carlisle via Barrow) runs north-south adjacent to its eastern boundary.

2.6 Access to the site is from Park Road.

2.7 The site forms part of the long distance walking route of the Cumbria Coastal Way, which runs from Silverdale to Carlisle (180 miles). The proposed development would be the final parts of the jigsaw of connecting the promenade to the northern slag bank. The land is designated as open space in the Barrow- in-Furness Local Plan.

3.0 CONSULTATIONS AND REPRESENTATIONS

3.1 Barrow Borough Council –The council supports measures which would enhance the facilities for local residents subject to the following considerations, the improvement and protection of routes into/out of the sites for pedestrian/wheelchair users and cyclists, continuation and improvements to footpaths, improvement of visual amenity with regards to i. safeguarding of wildlife interest and protection of species during breeding periods, ii. Protection and enhancement of plant and wildlife diversity, safeguarding of watercourses and drainage, control of artificial light, resources committed to aftercare of projects and control of possible contaminants.

3.2 Barrow Borough Council Environmental Health – A phase II site investigation should be undertaken to estimate and evaluate the potential risks identified. This should include a robust sampling strategy/intrusive investigation which would allow for any remediation programme if necessary to be designed specifically for the site, ensuring suitability for its intended use.

3.3 The Highway Authority - Has no objections, however, details of long and cross sections plus material specifications including walling, flower beds, ornamental paving and litter bins should be provided.

3.4 Environment Agency – The original objections have been withdrawn because the proposed change of use and limited works to provide the circular footpath should not cause or exacerbate pollution to the environment. This related only to the footpath and an objection to the landscaping element remains. The scheme does not alter the drainage and watershed of the slag bank by installation of drains and or soakaways. The formation of hard impervious surfaces for footpath construction is prohibited as such surfacing would alter drainage patterns. Risk assessment for construction of reptile hibernacular are matters for the planning authority. The acceptance in principle that the proposals are regarded as temporary pending determination and remediation of the site as “contaminated land” are welcomed.

The preliminary sources desk study outlines potential contaminants and assesses their risk for the footpath and landscaping. However, the mitigation of risk for any landscaping aspects of the scheme are unfounded and the Agency would require site investigation prior to acceptance of the scheme and thus maintain its objection to this component of the scheme. The Environment Agency is pleased that the consultants have recognised that determination of the site as contaminated land under Part 2A may cause detriment to the enhancement scheme and that the footpath is not considered as an acceptable remedial option for restoration of the site in terms of removing the significant pollutant linkage.

3.5 Natural England has been consulted but no reply had been received when this report was prepared.

3.6 The local Member Ormsgill - Mr J Hamezeian has been notified.

3.7 One letter of representation has been received. Concerns raised include potential fly tipping in existing car park, retention of turning area/access to Ormsgill Farm and capping of existing uncapped toxic wastes

4.0 PLANNING ASSESSMENT

4.1 The central slag bank is sited between its northern and southern counterparts, both of which were reclaimed during the 1990’s. These are well established areas and populated with young trees, scrub, grasses and wild flowers. The central slag bank has been the recent focus of a reclamation programme which required the site to be restored on cessation of the extraction of mineral. The southern area is accessed by the public and links to the promenade and dock museum, whilst the northern area is less accessible to the public due to the central slag bank not being accessible until now.

4.2 The central area was operated for the extraction of secondary aggregate until 2008. During the winter 2008/09 material was brought onto site for the first phase of the reclamation which required the spreading of cover material, grass seeding and some perimeter planting along the steeper slopes, as part of the restoration of the mineral site. These areas are now in aftercare.

4.3 It is separated from the southern part of the slag bank by a bridleway known locally as ‘Cocken tunnel’ and connects people to the southern part of the slag bank, promenade and dock museum to the south, there is also access to a bridleway which crosses Walney Channel and connects the mainland to Walney Island. The only means of vehicular access across the bridleway is to a local farmer who uses the bridleway to access his land on Walney Island.

Policy

4.4 Barrow Borough Council Local Plan policy D9 : Nature Conservation, identifies development or land use which may affect a European Site or a Ramsar site would be subject to the most rigorous examination. Development not directly connected with or necessary to the management of the site, should be resisted.

4.5 North West Regional Spatial Strategy (RSS) policy RT9 : Walking and Cycling, advises that Local Authorities should work with partners to develop integrated networks of continuous attractive and safe routes for walking and cycling to wide accessibility and capitalise on their potential, social and health benefits. Better provision for pedestrians and cyclists can contribute towards reducing car dependency and assist with the achievement of wider regional objectives.

4.6 Planning Policy Guidance Note 17 : Planning for open space, sport and recreation advises Local Authorities should seek opportunity to improve the local open space network to create public open space from vacant land and to incorporate open space within new development on previously–used land. They should also consider whether use can be made of land which is otherwise unsuitable for development.

Traffic/Car Parking

4.7 There would be no increase on the number of vehicles that currently access the site.

4.8 It is proposed to create 6 parking spaces, 2 disabled parking spaces and two Sheffield cycle stands. It is proposed to relocate the existing car park 130 m north east of the existing car park, with the frontage on Walney Road (A590). The relocation of the car park would make this more accessible to the public as the current facilities are considered unsafe due vandalism and un-neighbourly activities taking place there due to their remote location not readily visible from other public places.

4.9 Currently the public not using the car park walk along this section of Ormsgill Lane to access the slag bank as the footpath ends at the junction of the A590/Ormsgill Lane. This involves walking along the road also used by cars accessing the parking area. A new footpath is to be created which would provide a safer access to the recreation area.

Landscape and Visual Impact

4.10 The site is one of the most prominent land marks on the Furness Peninsula and dominates the entrance to Barrow along Park Road. The slag bank has been insitu for around 150 years, this formed part of the much larger complex of the former iron and steel works. The southern section of the site has been redeveloped and forms a business park and public open space. The central section of the slag bank which is the most prominent section was until recently an area on which there was a permission for slag extraction and has rock faces, on the eastern and western sites. Works have been carried out to restore the former worked area recently, leaving in place the rock faces which could only be treated by major works to reshape the whole central part of the slag bank.

4.11 The proposed works including the car park would not have a minimal impact on both the landscape and visual aspect of the area.

Amenity Space

4.12 The proposed works would enhance this section of the slag bank and bring it into public use forming a 5 km circular walkway along Walney Channel from the Dock Museum in the south to the slag bank in the north, fitting the final piece of the jigsaw to complete the route. The area would be accessible to a number of bodies who would be able to access the land for a number of activities including access for disabled persons, open air performances and story/school activities. The creation of a 360 degree panorama from the top part of the slag bank would provide panoramic views of the mountains together with a visual history of Barrow.

4.13 It is considered the works would enhance the area and would reflect the purpose of restoration, to encourage public enjoyment of a newly created open space.

Pollution/contamination

4.14 The former use of the site was in relation to an iron and steel works and it may be possible that some contamination is present is the slag deposited on the site.

However, some remediation work have been undertaken to partly reduce this by the importation of topsoil and the programme of hydro-seeding creating stable cover over the site earlier this year. This cover also reduces the potential for leaching of contaminants into Walney Channel from the slag bank by restricting the flow of water over exposed slag surfaces.

4.15 Both Environmental Health and Environment Agency have raised concern with regards to this past contamination and require a Phase II site investigation should be undertaken. This can be controlled by an appropriately worded condition.

4.16 A concern has been raised with the capping of the northern section of the site and this not being carried out acceptably. This area is outside the application site and was restored by the County Council in the 1990s in accordance with the standards prevailing at that time. There is no reason to consider that the site now gives rise to an significant risk of contamination.

Biodiversity

4.17 There are currently existing populations of common lizard and slow worms on the northern and southern sections of the slag bank. No ecological survey has been carried out on the central section to ascertain whether or not reptiles are present in this area but it is considered highly unlikely given the recent nature of the restoration works. Measures are included within the application to encourage reptiles to migrate onto the middle section.

4.18 With regards to the hibernacular design and location, it is considered that these would prevent access to any reptiles over the surface and the location is not ideal being exposed to westerly winds. It is proposed that an appropriately worded condition be imposed to ensure that the design and location are acceptable.

4.19 One section of the scheme has raised concern over the removal of a woodland on the eastern side of the site to create a disabled access and pedestrian access. This involves the complete removal of a section of woodland which was introduced during the 1990’s and is now established. The scheme does include areas of planting intended to mitigate this loss and I have asked the applicant to consider if alternative access arrangements could enable some or part of the existing planting to remain. It this is not possible I consider that the benefits of providing better access, particularly disabled access, outweighs the adverse impact of losing the existing planting.

Impact on European Sites

4.20 The proposed developments would not impinge on the protected European Sites of Duddon Estuary Site of Special Scientific Interest, Duddon Estuary Special Protection Area and Duddon Estuary RAMSAR all of which form part of the Morecambe Bay SAC.

Human Rights Act 1998

4.21 The proposal will have a limited impact on the visual, residential and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions

(Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community.

Conclusion

4.22 The land is classed as an open area within Barrow Local Plan. The proposed works should be encouraged to enhance this section of the regeneration programme for Barrow. No objection is therefore raised to the proposed car park and landscape enhancement works subject to appropriately worded conditions being imposed, as it is considered that these would enhance the area and bring it into public use.

Shaun Gorman Head of Environment

Contact

Mrs Jayne Petersen, Kendal, tel: 01539 713549, email: [email protected]

Background Papers

Planning Application File Reference No. 6/09/9009 & 6/09/9010

Electoral Division Identification

Ormsgill - Mr J Hamezeian

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Appendix 1 Ref No. 6/09/9009 & 9010 Development Control and Regulation Committee – 27 October 2009

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995 (AS AMENDED)

SUMMARY OF REASONS FOR GRANT OF PLANNING PERMISSION

1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies.

2 The key development plan policies taken into account by the County Council before granting permission were as follows:

Cumbria Minerals and Waste Development Framework - Core Strategy and Generic Development Control Policies - April 2009

Policy DC 2 – General Criteria

Minerals and Waste proposals must, where appropriate, demonstrate that:

a. noise levels, blast vibration and air over-pressure levels would be within acceptable limits, b. there will be no significant degradation of air quality (from dust and emissions), c. public rights of way or concessionary paths are not adversely affected, or if this is not possible, either temporary or permanent alternative provision is made, d. carbon emissions from buildings, plant and transport have been minimised, e. issues of ground stability have been addressed.

Considerations will include:

the proximity of sensitive receptors, including impacts on surrounding land uses, and protected species, how residual and/or mineral wastes will be managed, the extent to which adverse effects can be controlled through sensitive siting and design, or visual or acoustic screening, the use of appropriate and well maintained and managed equipment, phasing and duration of working, progressive restoration, hours of operations, appropriate routes and volumes of traffic, and other mitigation measures.

Policy DC 10 – Biodiversity and Geodiversity

Proposals for minerals and waste developments that would have impacts on locally important biodiversity and geological conservation assets, as defined in the Core Strategy, will be required to identify their likely impacts on, and also their potential to enhance, restore or add to these resources, and to functional ecological and green infrastructure networks. Enhancement measures should contribute to national, regional and local biodiversity and geodiversity objectives and targets, and to functional ecological and green infrastructure networks.

Proposals for developments within, or affecting the features or settings of such resources, should demonstrate that:

a. the need for, and benefits of, the development and the reasons for locating the development in its proposed location and that alternatives have been considered. b. appropriate measures to mitigate any adverse effects (direct, indirect and cumulative) have been identified and secured, and advantage has been taken of opportunities to incorporate beneficial biodiversity and geological conservation features, or c. where adverse impacts cannot be avoided or mitigated for, that appropriate compensatory measures have been identified and secured, and d. that all mitigation, enhancement or compensatory measures are compatible with the characteristics of, and features within, Cumbria.

Policy DC 12 – Landscape

Proposals for development should be compatible with the distinctive characteristics and features of Cumbria's landscapes and should:

a. avoid significant adverse impacts on the natural and historic landscape, b. use Landscape Character Assessment to assess the capacity of landscapes to accept development, to inform the appropriate scale and character of such development, and guide restoration where development is permitted, c. in appropriate cases use the Guidelines for Landscape and Visual Impact

Assessment to assess and integrate these issues into the development process, d. ensure that development proposals consider the effects on: locally distinctive natural or built features; scale in relation to landscape features; public access and community value of the landscape; historic patterns and attributes; and openness, remoteness and tranquility, e. ensure high quality design of modern waste facilities to minimise their impact on the landscape, or views from sensitive areas, and to contribute to the built environment, f. direct minerals and waste developments to less sensitive locations, wherever this is possible, and ensure that sensitive siting and high quality design prevent significant adverse impacts on the principal local characteristics of the landscape including views from, and the setting of, Areas of Outstanding Natural Beauty, the Heritage Coast or National Parks.

Policy DC 14 - The Water Environment

Planning permission will only be granted for developments that would have no unacceptable quantitative or qualitative adverse effects on the water environment, including surface waters and groundwater resources. Proposals that minimise water use and include sustainable water management will be favoured.

Policy CS 4 – Environmental Assets

Areas and features identified to be of international or national importance.

Planning application proposals within these, or that could affect them, must demonstrate that they comply with the relevant national policies as set out in Planning Policy Statements. Wherever practicable, they should also demonstrate that they would enhance the environmental assets.

Environmental assets not protected by national or European legislation

Planning permission will not be granted for development that would have an unacceptable impact on these environmental assets, on its own or in combination with other developments, unless:-

it is demonstrated that there is an overriding need for the development, and that it cannot reasonably be located on any alternative site that would result in less or no harm, and then, that the effects can be adequately mitigated, or if not, that the effects can be adequately and realistically compensated for through offsetting actions.

All proposals would also be expected to demonstrate that they include reasonable measures to secure the opportunities that they present for enhancing Cumbria's environmental assets.

Guidance on implementing parts of this policy will be provided by the Landscape Character and Highway Design Guidance Documents and by the Cumbria Biodiversity Evidence Base.

North West Regional Spatial Strategy (September 2008)

RT9 – Walking and Cycling

Local Authorities should work with partners to develop integrated networks of continuous attractive and safe routes for walking and cycling to widen accessibility and capitalise on their potential environmental, social and health benefits. A high priority should be given to routes linking residential areas with employment areas, transport inter-changes, schools, hospitals and other community services.

Local Authorities should ensure that proposals and schemes for new development incorporate high quality pedestrian and cycle facilities including secure sysle parking. Routes should connect with those in nearby developments, and provision of all facilities should take into consideration integration with likely future development.

When considering improvements to the regions transport networks, scheme promoters should take the opportunity to enhance walking and cycling provision, including crossings, signage, lane markings, allocation or re-allocation of road space and off road routes wherever possible.

EM1 – Integrated Enhancement and protection of the Regional Environmental Assets

The Region’s environmental assets should be identified, protected, enhanced and managed.

Plans, strategies, proposals and schemes should deliver an integrated approach to conserving and enhancing the landscape, natural environment, historic environment and woodlands of the region.

Plans and strategies should define spatial objectives and priorities for conservation, restoration and enhancement as appropriate, and provide area-based guidelines to direct decisions and target resources. These will be founded on a sound understanding of the diversity, distinctiveness, significance and sensitivity of the region’s environmental assets, and informed by sub-regional environmental frameworks. Special consideration will be given to the impacts of climate change and adaptation measures.

Priority should be given to conserving and enhancing areas, sites, features and species of international, national, regional and local landscape, natural environment and historic environment importance.

Where proposals and schemes affect the region’s landscape, natural or historic environment or woodland assets, prospective developers and/or local authorities should first avoid loss of or damage to the assets, then mitigate any unavoidable damage and compensate for loss or damage through offsetting actions with a foundation of no net loss in resources as a minimum requirement.

Barrow-in-Furness Local Plan 1996-2006

Policy D 26 – Open Areas

Open areas will be protected from development where they :

a. are important to the appearance and character of housing areas or settlements; or b. are used as amenity areas by the public

Policy D9 – Internationally Important Sites

Proposals for development or land use which mat affect a European Site, a proposed site or a Ramsar Site will be subject to the most rigorous examination. Development or land use change not directly connected with or necessary to the management of the site, that is likely to have significant adverse effects on the site (either individually or in combination with other plans or projects), and which would affect the integrity of the site will not be permitted unless the authority is satisfied that :

- there is no alternative solution; and - there are imperative reasons of overriding interest for the development or land use change.

Policy G13 – Recreation

For the quiet enjoyment of recreation activities such as walking, cycling and horse riding the Borough Council will protect the following designated routes for development taking place on; or in the immediate surroundings where an interesting or visually pleasing view would be adversely affected :-

The Cistercian Way Haematite Trail Cumbria Coastal Way Public Footpaths Any existing right of way joining the rights of way networks

3 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

Appendix 2 Ref No. 6/09/9009 Development Control and Regulation Committee – 27 October 2009

Schedule of Conditions

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.

2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. Any variation to the approved scheme shall be submitted to and approved by the Local Planning Authority prior to being carried out.

Reason: To ensure that the site is worked and restored in accordance with the approved scheme.

3. Prior to the commencement of development approved by the planning permission (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved in writing by the Local Planning Authority:

(a) A preliminary risk assessment which has identified :- all previous uses : - potential contaminants associated with those uses:- a conceptual model of the site indicating sources, pathways and receptors;- potentially unacceptable risks arising from contamination at the site. (b) A site investigation scheme, based on (a), to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. (c) The site investigation results and the detailed risk assessment (b) and, based on these an options appraisal and remediation strategy giving full details of remediation measures required and how they are to be undertaken. (d) A sampling strategy should be carried out on the permanent surfacing and the hydroseed scheme to ensure that there is no risk to receptors. (e) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (c) are complete and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved.

Reason: In order to ensure that the risk of on site contamination is kept to a minimum.

4. If during the development, contamination not previously identified is found to be

present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason: In order to ensure that the risk of pollution from on site contamination is kept to a minimum.

5. The access and turning area to Ormsgill Farm shall be retained and remain free of obstructions at all times.

Reason :- In the interests of highway safety.

6. The existing car park shall remain insitu until the works on the new parking area and footway are completed.

Reason :- In the interests of highway safety.

7. The carriageway, footways and footpaths, shall be designed, constructed, drained and lit to a standard suitable for adoption and in this respect further details, including longitudinal/cross sections shall be submitted to the Local Planning Authority for approval to work commencing on site. No work shall be commenced until a full specification has been approved. When approved the development shall only be carried out in accordance with the details.

Reason :- To ensure a minimum standard of construction in the interests of highway safety.

8. Details of all measures to be taken to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being commenced. Any approved works shall be implemented prior to the development being completed and shall be maintained operational thereafter.

Reason :- In the interests of highway safety and environmental management.

9. The use as a car park shall not be commenced until the access and parking requirements have been constructed in accordance with the approved plan. Any such access and parking provision shall be retained and be capable of use when the development is completed and shall not be removed or altered without the prior consent of the Local Planning Authority.

Reason :- To ensure a minimum standard of access provision when the development is brought into use.

10. Details of all forms of infrastructure (i.e. seating, planting, walling and litter bins) on the development shall be submitted for approval to the Local Planning Authority, prior to the commencement of development.

Reason :- In the interests of highway safety and environmental management.

Appendix 3 Ref No. 6/09/9010 Development Control and Regulation Committee – 27 October 2009

Schedule of Conditions

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.

Reason: To ensure that the site is worked and restored in accordance with the approved scheme.

(a) A preliminary risk assessment which has identified :- all previous uses : - potential contaminants associated with those uses:- a conceptual model of the site indicating sources, pathways and receptors;- potentially unacceptable risks arising from contamination at the site. (b) A site investigation scheme, based on (a), to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. (c) The site investigation results and the detailed risk assessment (b) and, based on these an options appraisal and remediation strategy giving full details of remediation measures requires and how they are to be undertaken. (d) A sampling strategy should be carried out on the permanent surfacing and the hydroseed scheme to ensure that there is no risk to receptors. (e) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (c) are complete and identifying any requirements for longer term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these components require the express consent of the Local Planning Authority. The scheme shall be implemented as approved.

Reason: In order to ensure that the risk of on site contamination is kept to a minimum.

4. If during the development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority

for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

Reason: In order to ensure that the risk of pollution from on site contamination is kept to a minimum.

5. Any fence along the boundary with the railway line, shall be retained as trespass- proof fencing at a height of no less than 1.37 metres. Any alteration to this detail shall be submitted to the Local Planning Authority for approval.

Reason : In order to ensure that the safety of users of the development.

6. Details of the footpath surfacing materials shall be submitted to the Local Planning Authority prior to development commencing on site. When approved the development shall only be carried out in accordance with the details.

Reason :- In order to ensure the development is carried out to a satisfactory manner.

7. Notwithstanding the provisions of the Town and Country (General Permitted Development) Order 1995, prior to the commencement of development details of associated infrastructure including fencing, seating, litter bins and information boards shall be submitted to the Local Planning Authority. When approved the development shall only be carried out in accordance with the details.

Reason :- In order to protect the amenities of the area.

8. Throughout the course of development, provision shall be made for the collection, treatment and disposal of all water entering or arising on the site to ensure that there shall be no pollution of Walney Channel, Cocken Beck, surrounding land, surface water or groundwater, by the approved operations.

Reason: To avoid the pollution of the Walney Channel and Cocken Beck and protect adjacent property and the interest features of the SSSI, SPA, Ramsar site and SAC, in accordance with Policy DC14 of Minerals and Waste Development Framework.

10. The following details shall be submitted to the Local Planning Authority for approval within 3 months of the date of this consent:

(a) A map showing on-site habitat retention and habitat creation areas for a long-term viable reptile population at Barrow Slag Bank, including connectivity of these areas (where appropriate),

(b) Details of habitat creation works including timings of works and construction methods/materials and locations of hibernatuclar.

(c) A 5 year management plan for habitat retention and habitat creation areas commencing from the date the first reptiles are released on the site, or if reptiles are already present on these sites, from the date when the retention areas are integrated with the surrounding area.

(d) A management plan for areas adjacent to the application site where reptiles are retained on sites that may be developed in the future to ensure

the viability of these populations for the duration of development of the business parks at Barrow Waterfront.

The details shall be agreed in writing with the local planning authority (in consultation with Natural England).

Reason: The two reptile species are UK protected and their populations on the site are significant at a County level. Appropriate mitigation measures are required to maintain some of the reptile population on the site in tandem with the redevelopment of the site.

11. During periods of cold weather local weather stations shall be monitored and in the event that on seven consecutive days daytime temperatures below 0OC are recorded working shall be suspended at any location within 10m of Walney Channel. Works shall only resume after three consecutive days on which temperatures of above 00C are recorded.

Reason: To ensure that the development does not cause disturbance and stress to feeding waders and wildfowl during periods of severe weather.

12. Notwithstanding the details submitted in the planning application a schedule of trees, plants, shrubs, grasses including layout, numbers and distribution of species, size of plants method of planting and measures to protect, manage and maintain the plants, shall be submitted to and approved by the Local Planning Authority for approval prior to planting commencing. When approved the development shall only be carried out in accordance with the details.

Reason: To provide a bio-diverse rich planting scheme.

Informatives

1. All wild birds are protected under the Wildlife and Countryside Act 1981 which makes it illegal to intentionally disturb, damage or destroy dependent young birds or active nests or its contents while in use or being built. It is also an offence to intentionally or recklessly disturb any wild bird listed on Schedule 1 of the 1981 Act (which Peregrines are) while it is building, is at or near a nest with eggs or young or disturb its dependent young.

2. If the Public Right of Way (No. 601065 Bridleway) is to be affected by the development there may be a need to apply for an Order under Section 247 or 257 of the Town and Country Planning Act 1990, or other appropriate legislation.

3. Obtaining planning permission does not imply that any consents or licences required to be obtained from the Environment Agency would be granted. The applicant is advised to contact the Environment Agency prior to importing materials to the site for use in restoration to ensure that the appropriate waste management legislation is being complied with.