AGENDA ITEM .6a..................... DR/80/10 committee DEVELOPMENT & REGULATION date 17 December 2010 COUNTY COUNCIL DEVELOPMENT Proposal: Construction of a combined foot and cycle bridge, approach ramps and connecting foot/cycleway between Mill Park Drive and Charter Way, adjacent to Braintree Freeport Railway Station, over the Braintree to Witham branch railway. Location: Adjacent to Freeport Railway Station, Charter Way, Freeport, Braintree, Essex Ref: CC/BTE/107/10 Report by Head of Environmental Planning Enquiries to: Naomi Allen Tel: 01245 437543 Reproduced from the Ordnance Survey Map with the permission of the Controller of Her Majesty‟s Stationery Office, Crown Copyright reserved Essex County Council, Chelmsford Licence L000 19602 DR/80/10 1 1. BACKGROUND & SITE The application site is located adjacent to the Braintree Freeport Retail/Leisure park, at the south east corner of the town of Braintree. The application site is located towards the south western corner of Freeport, and is split into two sides by the Braintree-Witham train line. The Braintree Freeport train station is adjacent to the application site to the north. To the east of the site lies Braintree Freeport with access to the site via Charter Way, which runs along the boundary of the Freeport shopping area. To the south east of the site is a large area of car parking associated with the retail and leisure area within Freeport. To the west of the site lies the Heathlands residential estate. This is a large estate, which is still in the process of being constructed. Access to the site from the west is via Mill Park Drive, which runs north-south through the estate. The eastern part of the site is open area, landscaped in association with the development of Freeport train station. The western part of the site is open grassed area, accessed from Mill Park Drive through a narrow walled path running up towards the station area before the area opens out in front of the residential properties along Reed Meadows. Where the land is open, there is a group of 4 mature oak trees, covered by a group Tree Preservation Order (TPO). Mature trees and hedgerow run alongside the rail embankments on both sides. The land level at the western side of the train lines is lower than the land level at the eastern side by approximately 2 metres. During the approval of the Heathlands residential scheme (ref: 07/00985/FUL & 2005/1074/FUL), a section 106 agreement dated 29 October 2007 was put in place, which sets out, amongst other aspects, the requirement for the provision of land and a financial contribution towards for a foot/cycleway over the railway line. 2. PROPOSAL This application is for full permission for the construction of a foot/cycleway over the railway line. The crossing would be just to the south of the Braintree Freeport Railway Station. The bridge would connect the residential road Mill Park Drive, to the west, with Charter Way, Freeport, to the east. The construction would be of steel “Warren” truss design, and would be 3 metres wide, which would accommodate shared use by both pedestrians and cyclists. The level of the land is higher to the east than the west, and therefore ramps would be required on the west. These ramps would have a brick retaining wall underneath the ramp, and would have full height (approximately 3 metre) timber screening to the south elevation and a steel parapet to the north (approximately 1.2 metres). There would be steps leading to ground level from the platform at the western end between the two sloping suspended ramps. The bridge structure would include shielding and mesh to protect adjacent properties and the railway line. Where the bridge crosses the railway line, it would be steel and solid panels, in compliance with Network Rail requirements. Exact colours and materials have not been specified. DR/80/10 2 The bridge and path would be compliant with accessibility requirements of the Disability and Discrimination Act 1995 and the floor of the bridge would be covered with a non-slip material. On the eastern side of the site, a footpath would run from the bridge towards Charter Way, and along Charter Way to meet the existing footpath. A set of steps would be incorporated to meet the existing slope that goes down to the train station. There would also be a grasscrete access road to enable access to the foul sewer on the rail embankment. Lighting would be included as part of the construction to ensure safety of users of the bridge although this has not been submitted and would be developed if permission is granted. A soft landscaping/planting scheme would also be implemented, although details have not yet been finalised. The original design of the bridge was a more linear arrangement, running closer to the wall of the nearby residential property to the north. During pre-application design stages, it became apparent that there was an easement in place in relation to the adjacent residential property that required a 3 metre gap adjacent to the boundary wall to allow for maintenance. This then took the bridge and the suspended ramps away from the back of the properties to the north, but closer to those to the fronts of those to the south. The bridge itself would be constructed from prefabricated sections, and constructed on the Freeport side of the railway tracks before being lifted into place using a crane. 3. POLICIES The following policies of the Regional Spatial Strategy (the East of England Plan) adopted May 2008 (RSS) and the Braintree District Local Plan Review, saved policies only, adopted July 2005 (BLP) provide the development plan framework for this application. The following policies are of relevance to this application: RSS BLP Biodiversity ENV3 Quality in the Built Environment ENV7 Towns Other than Key Centres & Rural Areas SS4 Regional Transport Strategy T1 Parking T14 Pedestrian Network RLP49 Cycleways RLP50 Public Transport RLP52 Freeport Special Policy Area RLP57 Braintree Branch Line Improvement RLP60 Pollution RLP62 External Lighting RLP65 Landscape Features & Habitats RLP80 Trees, Woods, Grass & Hedgerows RLP81 DR/80/10 3 Protected Species RLP84 Layout and Design of Development RLP90 Accessibility RLP92 4. CONSULTATIONS BRAINTREE DISTRICT COUNCIL – No objection, subject to the imposition of conditions relating to lighting, submission of ecological survey, tree survey and tree protection being imposed. ESSEX POLICE – No objection in principle, but raise concerns about risk of increase in anti-social behaviour, crime in the local area, and the need for high quality CCTV to be installed. NETWORK RAIL – No comments received. WITHAM & BRAINTREE RAIL USERS ASSOCIATION – No objection. COUNTY COUNCIL‟S NOISE CONSULTANT – No objection, although additional information requested. HIGHWAY AUTHORITY (Public Rights of Way) – No objection Comment: It is noted that there is no intention to adopt the footway/cycleway as a Public Right of Way. NATURAL ENVIRONMENT (Ecology) ENVIRONMENT, SUSTAINABILITY AND HIGHWAYS – No objection, subject to an additional badger survey prior to commencement of development to identify whether the nearby sett is active NATURAL ENVIRONMENT (Trees) ENVIRONMENT, SUSTAINABILITY AND HIGHWAYS – Any comments received will be reported. BUILT ENVIRONMENT (Landscape & Urban Design) ENVIRONMENT, SUSTAINABILITY AND HIGHWAYS – No objection. HISTORIC ENVIRONMENT (Archaeology) ENVIRONMENT, SUSTAINABILITY AND HIGHWAYS – No objection. LOCAL MEMBER – BRAINTREE – Braintree Eastern – Any comments received will be reported. LOCAL MEMBER – BRAINTREE – Braintree Town – Any comments received will be reported. 5. REPRESENTATIONS Three hundred and forty six properties were directly notified of the application. Fourteen letters of representation have been received. These relate to planning issues covering the following matters: DR/80/10 4 Observation Comment Increased risk of crime See appraisal Increased risk of anti-social behaviour including See appraisal graffiti, loitering, vandalism, damage to property and littering Concern over threat of gangs of youths See appraisal congregating in area and intimidating behaviour Noise, particularly late at night See appraisal Potential for increased parking pressure on See appraisal residential roads, particularly if commuters use residential roads for parking if Freeport start to charge Support improved access to rail station and See appraisal shops/leisure facilities Improved cycle routes to access Cressing area See appraisal Would welcome parking restriction See appraisal Support proposal and told bridge would be built See appraisal when house purchased Told bridge wouldn‟t happen when house See appraisal purchased, or would happen in a different location Waste of money and unnecessary See appraisal Existing levels of noise nuisance from Freeport See appraisal Stones and other waste thrown into gardens See appraisal Money should be spent on improvements at Not a material planning Braintree station instead consideration in relation to this application Query whether no EIA needed- submission does not Screening Opinion request refer to it was submitted prior to application submission and it was determined EIA not required DR/80/10 5 Findings of public consultation not taken on board See appraisal Double yellow lines would cause problems for See appraisal residents. The Housing Association that owns the houses along Reed Meadows was also contacted during the consultation, but at the time of writing the report had not commented. A petition was submitted, although without a covering letter. The signatures have therefore been taken to support the views held within the letter of the objector who organised the petition, views which are set out in the above table. 6. APPRAISAL The key issues for consideration are: A. Need & Principle B. Impacts on Amenity C. Design & Visual Impact D. Ecology E. Accessibility F. Highways Impacts A NEED & PRINCIPLE The section 106 agreement (s.106) attached to the development of the Heathlands residential estate requires, amongst other things, the provision of the land and a financial contribution towards the construction of a footbridge connecting the residential estate and the Braintree Freeport train station and retail/leisure park.