report Nottinghamshire County Council meeting PLANNING AND LICENSING COMMITTEE date 21 AUGUST 2007 agenda item number 6 from: Strategic Director (Communities) NEWARK AND SHERWOOD DISTRICT 3/07/00829/FULR3N PROPOSAL: CONSTRUCTION OF A PERMISSIVE CYCLE ROUTE LOCATION: DISUSED RAILWAY LINE BETWEEN CHURCH LANE, NORTH CLIFTON AND HARBY STATION, STATION ROAD, HARBY, NEAR NEWARK APPLICANT: NOTTINGHAMSHIRE COUNTY COUNCIL COMMUNITIES DEPARTMENT Purpose of Report 1. To consider a planning application for the construction of a new permissive cycle route between Church Lane, North Clifton and Station Road, Harby. The impact of the proposed route on the local ecology is the key issue in considering the application. Other important concerns are the effect of the route on the amenity and security of occupiers of adjacent land. The recommendation is to grant planning permission, subject to planning conditions. The Site and Surroundings 2. The disused railway line is situated approximately 15km north of Newark within open countryside. The section of the railway line to which the planning application refers starts just east of Church Lane Bridge, North Clifton. From the bridge, the line extends approximately 360 metres east before passing under the bridge carrying Collingham Road (A1133). This section of the line is heavily covered with vegetation and is bordered by open agricultural land to the north and south. The boundaries of two residential properties positioned adjacent to the bridge abut the disused railway line. There is no fencing currently in place along the boundaries of these properties, although thick vegetation lines the southern boundary of The Willows. 3. The line then continues eastwards for approximately 800 metres between farmland before it passes under Wheatholme Lane Bridge and widens to around four metres. From the bridge the line passes a deep sided drain and copse of trees to the north, before reaching a residential property, The Gatehouse, lying north of the track. It appears that land associated with that 1 property is being used as a plant nursery, part of which has actually been extended beyond the boundary of the property and incurs onto the disused track. 4. The railway line then narrows and proceeds past Carr Farm to the south and beneath Moor Lane Bridge. From the bridge the line passes an area of woodland and a predominantly hawthorn hedgerow runs adjacent to the track. After passing two drains the line goes under Top Road Bridge, a brick built structure with a flat underspan, and then past two further drains. The final section of the former railway line enters the sidings at the disused Harby Station and connects with the existing Sustrans cycleway. 5. Harby Footpath 2 and Thorney Footpath 8 intersect the disused railway line while Thorney Bridleway 9-10 while not running across the track, connect to either side of it. Thorney Footpath 6 and North Clifton Bridleway 11 also run near to the track bed. 6. The entire section of the track bed extending from just west of the High Marnham Viaduct to Harby Station is within a Site of Importance for Nature Conservation (SINC). The SINC was designated due to its grassland and scrub habitat considered of high ecological value. Background 7. This application is part of wider proposals for a surfaced trail that would carry pedestrians and cyclists between High Marnham and Harby and includes a crossing over the River Trent. The section of the route joins another proposed section of the cycle route which is part of a separate application (Reference Nos. 1/30/07/00005 and 3/07/00832/FULR3N) proposed between High Marnham Junction and Church Lane which is reported elsewhere on this agenda. 8. This application is linked to the Sherwood Living Legend BIG lottery bid and forms part of an expansion of the multi-use footpath network within Nottinghamshire. As part of this expansion it is proposed to provide 95 kilometres of new and upgraded multi-user routes and arterial crossings, linked to the national cycle network to create a total network of 250km (see Plan 2 for multi-user network map). The objective of the project is to create sustainable access to the Living Legend centre, forming links with major population centres, attractions in the wider area and with local villages. 9. The completed multi-user path network would extend from Sherwood Forest to major towns and cities in the region including Nottingham, Newark, Lincoln, Doncaster and Chesterfield. This application would form part of the route from Lincoln to Chesterfield connecting with existing local cycle lanes, National Cycle Network Route 64 and the National Byway. Proposed Development 10. The application originally proposed a 2.5m wide cycle path along the disused railway track bed between Church Lane Bridge, North Clifton and Harby Station, Harby, as described above (see plan 1). Following consultation with NCC's Ecology Officer the proposed width of the path was reduced to 2 between 1.2m and 2m to minimise adverse impact on ecology within the SINC. The width of the disused railway track bed is up to 4m in width, thereby providing some scope to avoid the most sensitive ecological areas within the trackbed. The applicant has requested that the final line of the cyclepath within the disused railway track bed be subject to a planning condition as part of any planning permission issued. 11. The western end of the proposed cycle path would adjoin another proposed section of the Lincoln to Chesterfield cycle route, the subject of the separate application, just east of Church Lane Bridge, North Clifton. 12. The cycle path would extend eastwards along the disused railway track bed, passing beneath several brick built bridges, none of which would require adapting or improving to accommodate the path, before joining the existing Sustrans cycle path at Harby Station. 13. As the definitive line of the route has not been confirmed within the red line boundary for conservation reasons as stated above, no plans have been submitted showing the location of any proposed fencing and gates to enclose the path. The applicant however proposes to erect fencing where it is genuinely needed for safety reasons or to prevent unauthorised access to adjacent properties. 14. The cycle path would be constructed from stone with a tar spray and chip finishing. The land upon which the railway track bed is situated is owned by Network Rail and Sustrans (Railway Paths), and the applicant has engaged with the landowners and gained full support for the proposal. Consultations 15. Newark and Sherwood District Council support the proposal. 16. Harby Parish Council support the application but would like to see the lupines adjacent to Harby Station preserved. 17. North Clifton Parish Council support the proposal, but suggest that it may be beneficial to have an access ramp leading from the proposed cycle path on to Church Lane so that users of the cycle path could visit North Clifton more easily. The Parish Council would also like to see provision for pedestrians and cyclists along Church Lane, who currently have to share a single carriageway with cars. A further concern is that the cycle path could assist those engaged in criminal activity, by providing improved access between the local villages and increasing the exposure of properties. The Parish Council state that improper use of the proposed path by quad bikes and scrambler bikes is another potential negative impact and that steps should be considered to mitigate such impacts. 18. NCC Conservation (Ecology) Team highlight the importance of the application site as a SINC and request that additional ecological survey work be conducted in the first available survey season after the granting of any permission, together with a survey ‘update’ conducted in the season immediately prior to the commencement of development. 3 19. They request that conditions be attached to any permission requiring details to be submitted in relation to the definitive line of the cycle path route, any changes in the width of the cycle path along the route, measures for the protection of notable botanical species along the fringes of the construction corridor and the contractors’ site working arrangements. It is recommended that the details provided be guided by the conclusions of any additional survey work. 20. To mitigate any impact upon the SINC, compensation measures should be submitted for approval prior to the commencement of development. Specifically, it is suggested that a plan be submitted identifying areas of low ecological value along the cycle path route which can act as receptors for habitat creation or improvement, thereby offsetting lost habitat within the SINC. 21. To ensure the protection of nesting birds, no vegetation clearance should be undertaken between March and August (inclusive), unless it can be shown that there will be no impact. Finally a management plan for all areas of the application site should be produced within the first six months of completion of the development site and submitted to the CPA for its approval. 22. Nottinghamshire Wildlife Trust (NWT) object to the proposal subject to several areas of concern being addressed. Firstly, NWT request that, in accordance with Planning Policy Statement 9 (PPS9), further ecological survey work be undertaken identifying the presence of reptiles, birds, bats, badgers and the Grizzled Skipper butterfly. A comprehensive botanical survey of the whole cycle path route is also requested to identify any rare or scarce botanical species. The results of the survey work should guide the definitive line of the route and any required narrowing of the cycle path in the most sensitive ecological areas. NWT are concerned at any loss of habitat within the SINC and would expect that losses incurred due to the proposed development would be mitigated by the commitment to the provision of compensatory habitat at a ratio of at least 3:1 and preferably 10:1.