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DEVELOPMENT CONTROL AND REGULATORY BOARD

18TH SEPTEMBER 2003

REPORT OF THE DIRECTOR OF COMMUNITY SERVICES

APPLICATION UNDER REGULATION 3 OF THE TOWN AND COUNTRY PLANNING GENERAL REGULATIONS

LEICESTERSHIRE COUNTY COUNCIL – HABITAT AND ACCESS IMPROVEMENTS (PHASE II) INCLUDING (i) CONSTRUCTION OF ACCESS ROAD, CAR PARK AND PUMPING STATION (ii) PROVISION OF BIRD HIDE (iii) FORMATION OF PATHS (iv) CREATION OF NOISE MOUND; (v) EXCAVATION OF LAKE AND EXTENSION OF REED BEDS, WATERMEAD COUNTRY PARK , ROAD, SYSTON (CHARNWOOD BOROUGH)

2003/2094/02 – 17th July 2003

Background

1. This proposal forms part of a wider scheme for environmental improvements at the County Council’s Watermead Country Park, being the second phase of a programme of operations on the north-west side of the Park. The first phase of improvements has been carried out in the last few months, following the grant of planning permission in March 2003, under ref. no. 2003/0395/02. That consent related to the extension of existing reedbeds, by excavation of material adjacent to these beds and its temporary storage at the northern end of the site.

2. At the same time, certain ‘permitted development’ operations including maintenance works to clear ditches and remove vegetation from parts of the site and lay out a new gravel footpath has been undertaken. A new wildflower meadow is being planted in the locality, along with hedgerows and new fences on site. Phase One operations have utilised grant aid from English Nature that needed to be spent during the last financial year. These were completed in the summer months.

3. About 2150 cu. m. of soils and sub-soils are being stored in a temporary stockpile at the northern end of the Park, on an elevated hard pad remaining from previous concrete batching operations in this vicinity. The current application relates to a combination of works within Phase Two of the overall improvements. These works are jointly funded by grants from English Nature, the Wildlife Trust, Environment Agency, LACP, and Charnwood Borough Council.

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Description of Proposal

4. This part of Watermead Country Park is an area of uncultivated land and managed water (reed beds) within and adjacent to the washland of the River Soar. There are significant groups of trees established around the edge of the site and alongside the River itself. The A46 Western Bypass skirts the Park on its northern boundary, with a one-way exit road for Wanlip Lane. The northern entrance to the Park is situated off Wanlip Lane, joining the main access road through to the centre of the Park.

5. It is intended to carry out the following works as part of the current application: (i) construct a new car park for 50 vehicles at the northern end of the Park, off the existing service road; (ii) excavate a new lake having a water level of 46.6m AOD; (iii) use the excess soils from the lake excavation to create a new mound on the north side of the proposed lake (iv) extend the existing reed beds on the site in adjacent to phase one operations and provide a new water channel to the existing beds; (v) provide new path ways around the site, including those suitable for disabled access; (vi) erect 3 new bird hides around the east side of the water areas; and (vii) install a submerged pumping station in the north east corner of the site.

6. At the same time, certain ‘permitted development’ works will be carried out to plant hedges and erect fences within the site. It is intended that a new visitors centre/base building will be erected at the northern end of the site, largely within the new earth mound, but details of that building are not yet available. About 15,500 cu. m. of surplus soils will be tipped on the site to create this mound from the excavated materials.

Planning Policy

7. Watermead Country Park is within the designated ‘Green Wedge’ between Birstall, Leicester and (Soar Valley North). Environment Policy 3 of the approved Structure Plan seeks to maintain the open and undeveloped character of this area. Any new development normally will be restricted to appropriate uses, including recreational uses, provided they do not damage the visual character of the green wedge.

8. Environment Policy 9 of the Structure Plan seeks to safeguard natural watercourses and adjoining flood plains, which provide essential drainage of land and a valuable wildlife environments and amenity areas. These will be protected from adverse developments.

9. Policy CT/3 (as modified) of the Draft Local Plan for Charnwood Borough sets out the objectives for new development in the Green Wedge. This will be permitted where it protects the open and undeveloped character of the area, does not impinge on the function to provide separation between settlements, maintains or enhances public access, and secures landscape improvements. Policy CT/6 (as modified) sets out criteria for development that involves appropriate new buildings, and the impact on visual and nature amenities of the area.

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10. More particularly, Policy RT/14 relates to the boundaries of Watermead Country Park, as identified on the Proposals Map. It states that planning permission will be granted for appropriate developments, buildings related to the leisure and recreation uses within the country park, including an information centre, footpaths/bridleways/cycleways, and minor buildings. These should not have any adverse impact upon habitats of greater value to the conservation and enhancement of wildlife.

11. Policy EV/33 relates to floodplains and states that planning permission will not be granted for development likely to increase flood risk, unless there is a need for such development and adequate mitigation measures are included in the proposal. A separate statement in the Plan identifies the intention to encourage measures that will improve the natural environment outside of the built-up limits, such as enhancement of existing wildlife habitats.

12. The Wanlip Action Area Plan (1985) identifies the application site within a wider area for informal recreation and agricultural uses, including a main car park in the north-west corner of the Country Park. Whilst this remains part of the adopted development plan, it will eventually be replaced by the District-wide Local Plan for Charnwood Borough, and the replacement policies for the area in that Plan.

Consultations

Charnwood Borough Council (Planning)

13. Reply not received at the time this report was published

Syston Town Council

14. Reply not received at the time this report was published

Wanlip Parish Meeting

15. Reply not received at the time this report was published

Environment Agency

16. No objection, subject to conditions relating to the prevention of surface water pollution and the use of uncontaminated, inert materials of construction.. Attention is also drawn to the proximity of a former landfill site in the vicinity and the possibility of further generation of landfill gas at that site.

17. There is no objection from a flood defence aspect. The County Council will require a Land Drainage Consent, which is currently the subject of consultation between the Agency and the County Council.

Highways Agency (A46 Trunk Road)

18. No objection.

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Director of Highways, Transportation and Waste Management

19. There is no objection to the proposal from a highway safety and transportation aspect, subject to the permanent closure of the existing vehicular access serving John Merricks Lake, to discourage on-street parking in this vicinity and ensure that all traffic uses the main access to the Park. The new parking facilities should be made available before the development is brought into use and thereafter maintained for use.

English Nature

20. The proposals are supported, as they will help to deliver important biodiversity benefits to the site and promote better public access. The proposed works will help to deliver significantly to the targets for reed bed habitat in the , Leicester and Rutland Biodiversity Action Plan (LLR.BAP). They will also help to diversify the range of habitats on the site.

Heritage Services (Ecology)

21. The proposals include habitats prioritised within LLR.BAP. The following recommendations are put forward: (i) A method of working should be devised and implemented by the applicant to ensure that existing areas of ecological significance are not damaged; (ii) Excess soils must be removed from site or placed in areas of low ecological significance, to diminish the risk of weed infestation; (iii) Areas of bare ground should be left in suitable locations to attract mining bees and basking butterflies; (iv) Plant species should be native, common to the area and of local provenance; (v) A walk-over survey of protected species should be conducted prior to commencement of works and suitable mitigation of protected species carried out; (vi) weed treatments should be established; and (vii) a management plan should be devised and implemented for the site.

Publicity

22. This proposal has been advertised in the local press and by various site notices posted on 18th July 2003. No representations have been received in response to this publicity.

Assessment of Proposals

23. The submitted scheme represents the continuation of a wider programme of works within the Country Park, to make improvements to visitor facilities, accessibility and local ecological features. Some of the work does not require planning permission, although this second phase does involve additional engineering and other operations. The proposed improvements are considered to meet specific Local Plan policy objectives for the Country Park, whilst not

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conflicting with the objectives of the development plan to safeguard the open character of the Green Wedge.

24. A principle concern must be the impact of the development on the floodplain of the River Soar, and the impact it might have on the risk of flooding in the locality, or elsewhere in the floodplain (e.g. upstream). The Environment Agency has indicated that it has no objection to the development, subject to conditions and a land drainage consent. The proposed earth mound would be outside the 1 in 100 year flood line.

25. The proposed additional car parking area eventually will serve any future visitors’ centre on the site. At that time, the highway authority would be seeking the implementation of parking restrictions along the nearby section of Wanlip Road, because of the likely increased demand to visit this northern part of the site. In the meantime, the car park would provide an alternative for the likely unchanged number of visitors to the Park, and no such Traffic regulation Order is considered necessary. However, it would be desirable to close the existing vehicular access to John Merricks Lake.

26. In the circumstances, the development is considered to be acceptable within the context of the policies for the Green Wedge and the Country Park. The imposition of a short term planning permission would be appropriate, to enable the situation to be revisited in the near future, along with other appropriate conditions relating to drainage, ecology, and access facilities.

Recommendation

Permit, subject to the following conditions:

1. The development hereby permitted shall be completed within 2 years from the date of this permission. Written notification of the date of commencement shall be provided to the Director of Community Services within 7 days of such commencement.

2. The earth mound hereby permitted shall be formed solely from the excavation and deposit of uncontaminated waste soils, subsoils and other inert materials arising from the works identified on the submitted plan. Unless otherwise agreed in writing by the County Planning Authority, no materials shall be imported to the site for the implementation of this part of the approved development.

3. Within 3 months of the commencement of development, a restoration and aftercare scheme for the site shall be submitted to and approved in writing by the Director of Community Services.

4. The final levels and contours of the site and restoration and aftercare works shall be carried out in accordance with the details in the restoration and aftercare scheme submitted and approved under condition 3 above.

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5. Before the development is brought into use, the existing vehicular access serving John Merricks Lake (and identified on the submitted plan) shall be permanently kept locked.

6. The proposed additional parking area shown on the submitted plan shall be suitably hard surfaced and made available before the proposed development is brought into use. Thereafter, these areas shall be kept free from obstruction and remain available for such use at all times.

7. Prior to being discharged into any watercourse, surface water sewer or soakaway system, all surface water drainage from parking areas and hardstandings shall be passed through trapped gullies wit an overall capacity compatible with that part of the site being drained.

8. During construction works, any facilities for the storage of oils, fuels or chemicals shall be sited on impervious bases and surrounded by impervious bund walls. The volume of the bunded compound shall be at least equivalent to the capacity of the tank plus 10%. If there is multiple tankage, the compound shall be at least equivalent to the capacity of the largest tank, vessel or the combined capacity of interconnected tanks or vessels plus 10%. All filling points, associated pipework, vents, gauges and site glasses must be located within the bund or have secondary containment. The drainage system of the bund shall be sealed with no discharge to any watercourse, land or underground strata. Associated pipework shall be located above ground and protected from accidental damage. All filling points and tank/vessels overflow pipe outlets shall be detailed to discharge downwards into the bund.

9. No development shall take place within the application area, including sites works of any kind, until the applicant (or their agent or successors in title) has secured the implementation of a scheme for ecological survey and appropriate mitigation measures. The scheme shall be submitted to and approved in writing by the Director of Community Services. The scheme shall include reference to the following:

(i) A method of working to ensure that existing areas of ecological significance are not damaged; (ii) provisions for a walk-over survey of protected species to be carried out prior to the commencement of works and suitable mitigation measures; (iii) provisions for the use of native plant species, common to the area and of local provenance; (iv) provisions for the treatment of weeds; (v) provision of areas of bare ground in suitable locations; (vi) the establishment of a management plan for the proposed habitats or to construction work, and any necessary relocation to an alternative suitable habitat.

10. Within 3 months of the date of this consent, a programme for the implementation of a scheme of ecological management and monitoring shall be submitted to and agreed in writing by the Director of Community Services.

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Reasons

1. To ensure that the development is carried out within a reasonable period and the land restored at the earliest opportunity

2. The application site lies within an area where the County Planning Authority normally would not grant permission for commercial tipping operations. This consent is granted only because of the immediate relationship between the excavation of reed beds within Watermead Country Park, and its use for ancillary development within the Country Park.

3.& To enable the County Planning Authority to adequately control the 4. development and to ensure that the land is restored to a condition capable of beneficial future use.

5. To ensure a satisfactory form of development and that the application site is not used for the deposit of waste materials from other sources, in the interest of amenity.

6. In the interests of road safety and to ensure that suitable parking and servicing facilities will be available to serve the premises when they are brought into operation.

7. & To prevent pollution of the water environment. 8.

9. & To ensure that appropriate measures are taken to protect species and 10. habitats, and reduce the ecological impacts of the development.

Note to Applicant:

Your attention is drawn to the contents of the letter dated 12th August from the Environment Agency.

Policies and Proposals of the development plan relevant to the decision

Strategic Policy 3 and Environment Policy 9 of the approved Structure Plan Para. 13.9 of the Wanlip Action Area Plan

Circulation Under Sensitive Issues Procedures

Mr. R. Jenkins, CC Mr. P. C. Osborne, CC

Officers to Contact

Mr. C. J. Noakes (Tel: 0116 265 7053) E-Mail: [email protected] ______

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DEVELOPMENT CONTROL AND REGULATORY BOARD

The considerations set out below apply to all preceding applications.

EQUAL OPPORTUNITIES IMPLICATIONS

Unless otherwise stated in the report there are no discernible equal opportunities implications.

IMPLICATIONS FOR DISABLED PERSONS

On all educational proposals the Director of Education and the Director of Resources will be informed as follows:

Note to Applicant Department

Your attention is drawn to the provisions of the Chronically Sick and Disabled Person’s Act 1970 and the Design Note 18 “Access for the Disabled People to Educational Buildings” 1984.

You are advised to contact the County Council’s Assistant Personnel Officer (Disabled People) if you require further advice on this aspect of the proposal.

BACKGROUND PAPERS

Unless otherwise stated in the report the background papers used in the preparation of this report are available on the relevant planning application files.

SECTION 54A OF TOWN AND COUNTRY PLANNING ACT 1990

Members are reminded that Section 54A of the 1990 Act requires that:

“Where, in making any determination under the Planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise.”

Any relevant provisions of the development plan (i.e. the Structure Plan or any approved Local Plans) are identified in the individual reports.

The circumstances in which the Board is required to “have regard” to the development plan are:

Section 70(2) : determination of applications; Section 77(4) : called-in applications (applying s. 70); Section 79(4) : planning appeals (applying s. 70); Section 81(3) : provisions relating to compensation directions by Secretary of State (this section is repealed by the Planning and Compensation Act 1991); Section 91(2) : power to vary period in statutory condition requiring development to be begun; Section 92(6) : power to vary applicable period for outline planning permission; Section 97(2) : revocation or modification of planning permission; Section 102(1) : discontinuance orders; Section 172(1) : enforcement notices (the phrase occurs also in the new s. 172 which is substituted by the Planning and Compensation Act 1991, but not in the new provisions relating to planning contravention notices (new s. 171C) and breach of condition notices (new s. 187A); Section 177(2) : Secretary of State’s power to grant planning permission on enforcement appeal; Section 226(2) : compulsory acquisition of land for planning purposes; Section 294(3) : special enforcement notices in relation to Crown land; Sched. 9 para (1) : minerals discontinuance orders.

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