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

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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 _____________________________________________________________________ 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
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