GREAT CORNARD Location: Land North of Dove House Farm Proposal

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GREAT CORNARD Location: Land North of Dove House Farm Proposal Item No: 6 Reference: B/11/00444/DPA Parish: GREAT CORNARD Location: Land North of Dove House Farm Proposal: Application under Regulation 3 of the Town and Country Planning (General Regulations) 1992 – Change of Use of land to amenity land and construction of foot/cycle path and erection of bridge over existing ditch. Applicant: Babergh District Council Case Officer: Christine Thurlow Date for Determination: 27 May 2011 RECOMMENDATION: Grant Planning Permission This application was the subject of a site inspection at the request of Councillor MacMaster. A Panel of Members inspected the site on 1 June 2011. This application is referred to Development Committee as the applicant is Babergh District Council. The application has been reviewed by the Council’s Monitoring Officer who is satisfied the application has been processed properly and normally. THE SITE 1. Dove House Meadow is located on the western side of Bures Road (B1508) which links Great Cornard with Sudbury. The site was formerly covered with industrial buildings and was occupied by a local company. It was known as Bakers Mill. Dove House Meadow has a frontage onto the River Stour and lies within close proximity to the Great Cornard lock and visitor building. 2. The land is currently owned by the Sudbury and District Anglers Society and only that part of the site which is necessary to facilitate these works would be purchased by Babergh District Council so as to construct a footway and bridge and thereby provide the missing section of footway between the Riverside Walk and Dove House Meadow. 3. At present a three metre footway and cycleway link is provided on the Dove House Meadow development which leads to the northern boundary of the site. A two metre high close boarded fence defines the northern boundary of the development and prevents any pedestrian cycleway access further to the north. 4. The site is well treed and undeveloped. An existing culvert abuts the close boarded fence and connects to the River Stour. 5. The following planning constraints affect the site: • the application site area is just clipped by a designated archaeological site and lies adjacent to part of it. • the application site lies within a County Wildlife Site. • The Built-up Area Boundary for Sudbury, Chilton and Great Cornard lies 60 metres to the west. Development Committee Date 15 June 2011 37 • the southern part of the application site where it abuts the boundary with Dove House Meadow lies on contaminated land. • all of the application site is contained within an area identified as Flood Zone 2 and 3. • the application site area is located 112 metres to the west of St Andrews Church and between it and the application site area lies Bures Road with further residential development fronting onto it. • the site lies immediately adjacent to an area where bat surveys have been carried out. • the whole of the site is contained within the Special Landscape Area, and • the district boundary with Braintree is located some 10 metres to the west. THE PROPOSAL 6. The application seeks planning permission for the provision of a section of footpath which was regarded as a missing link at the time the Dove House Meadow development was granted permission. At that time a Section 106 Agreement was completed and planning conditions were imposed upon the grant of planning permission to secure this footway/cycleway link in order to allow residents of the development and the wider community to access the Great Cornard Riverside Walk. 7. The works associated with the provision of this foot/cycleway provision require planning permission in their own right and involve the following: • A slight regrading of the land and the laying of a footpath surface. • A change of use of this section of land to amenity land to allow for its public usage. • The erection of a bridge on the northern boundary of Dove House Meadow to allow an existing ditch to be crossed. The bridge would measure 6 metres by 1.8 metres and would be constructed of timber. The rails on either side of the bridge would measure 1.4 metres in height. 8. A Planning Statement has been submitted to accompany the planning application which makes the following points: • Babergh District Council has agreed terms, subject to planning permission, for the acquisition of a strip of land from the Sudbury and District Angling Society. • This piece of land will enable completion of the Cornard Riverside Walk which commences at Friars Meadow Sudbury and currently stops 100 yards short of the Dove House Meadow walk/cycle way. The existing walks are all part of the proposed circular Sudbury/Great Cornard/Chilton biodiversity trail. • The cost of the project is being funded from a “Section 106” Agreement entered into by Babergh with Barrett Homes Ltd. This makes provision for a Riverside Walkway at Great Cornard and for no other purpose. The funds will cover land acquisition and the construction works including a bridge. • The Sudbury and District Angling Society is agreeable to the entering into of a “Section 106” Agreement with the local planning authority to ensure the land remains as a foot and cycle path in perpetuity. Development Committee Date 15 June 2011 38 • The foot and cycle path will not be for use by motor vehicles except for maintenance purposes. In keeping with the rest of the path, it will however be useable by cyclists who will cross the proposed bridge at a very low speed as it will be necessary to turn a right angle prior to going over the bridge. • The path will be constructed of hardcore. There will be no changes to existing levels. • The area is not within a Conservation Area. Existing trees will remain in place except for the removal of one small sycamore tree. It will also be necessary to remove one dead elder bush and three hawthorn bushes, all in poor condition. There will be no lighting. 9. The application is supported by a Design and Access Statement, the main points of which are summarised below: • The purpose of the scheme is to provide a continuous link along the Cornard Riverside Walk. • The paths form part of the proposed circular Sudbury/Great Cornard/Chilton biodiversity trail. As such it is intended to retain this element of the footpath in perpetuity. • The proposed path consists of a geo-textile membrane to the base over which will be laid MOT Type 1 or similar approved at a depth of approximately 150mm. The resultant finish is intended to be soft yet definitive giving the path a clear definition without causing an intrusive feature in the landscape. • It is proposed to take a winding route through the existing trees so as to, where possible, reduce the need to remove any of these trees, thereby ensuring that the existing landscape and the biodiversity benefit that these offer is retained. The only tree requiring removal is a small Suppressed Sycamore. • The curving of the path is intended to reduce the speed of cyclists at the point where they reach the connection with the Dove House Meadow walk/cycleway through the introduction of a 90º turn. The connection therefore takes into account the potential conflict of cyclists and walkers at this point, as well as providing a surface finish across the full length of the path which should ensure that cyclists’ speeds are not excessive. • The bridge would have simple post and rail upstands over a boarded walkway. • The bridge has been designed to be open but safe providing a width of 1.8 metres in which people and cycles can pass. The upstands would have a height of 1.4 metres from the level of the walkway and would extend overall a distance of 6 metres in length. • The area in which the path and bridge are to be constructed consists of an area of sporadic tree cover close to the river bank. The length of the path will be broken up visually by the intermittent tree cover. As such the path will not intrude into its landscaped setting. • The bridge would be seen in the context of views up and down the river, as well as by users of the path. However, its simple open form would ensure that the bridge does not intrude unnaturally into its surroundings. Further, by virtue of the horizontal emphasis to the side rails, views would exist through the bridge ensuring that the structure does not provide a solid break across the river. Development Committee Date 15 June 2011 39 • The access benefits brought about by the proposal are clear. General vehicular access would not be permitted. 10. Since the registration of the application, additional information has been submitted to accompany the proposal. In particular: • An ecological assessment, and • Photographs of the existing close boarded fence with the panels removed to show how access would be gained from Dove House Meadow onto the application site. In addition to the above, and in connection with suggestions made by local residents that the bridge should be gated and locked from late at night to early morning in order to safeguard residential amenities, legal advice has been sought. It is proposed that the locking and unlocking of the gate would be undertaken by a local resident. In response, the Council’s legal team has advised that the land to be acquired for the footway/cycle path and bridge will be vested in the Council. In the circumstances, • The walk will be available for the public in perpetuity and the current owner, Sudbury and District Angling Society, have agreed to enter into a Section 106 Agreement with the Local Planning Authority to ensure this.
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