Application No: 5/11/9004 District: South Lakeland

Transcription

1 DEVELOPMENT CONTROL AND REGULATION COMMITTEE 20 July 2011 A Report by the Assistant Director - Planning & Sustainability Application No: 5/11/9004 District: South Lakeland Applicant: United Utilities Clearwater 4 Lingley Green Avenue Warrington Parish: Received: Grange Town Council 11 May 2011 PROPOSAL: Construction of a control kiosk, pressure relief column, temporary access off Yew Tree Road and upgrading of access off Carter Fold. To include the removal of 7no. trees. Playing Field, Yew Tree Road, Grange-over-Sands

2 RECOMMENDATION 1.1 That planning permission is Granted for the reasons stated in Appendix 1 and subject to the conditions in Appendix THE PROPOSAL 2.1 The proposal is for the siting of a control kiosk and a pressure release column and construction of temporary compound and access track. Kiosk m x 1.2 m x 2.15 m Pressure relief column 6 m 2.2 The existing Waste water Treatment Works (WwTW) is located to the south west of the proposed works. The kiosk and pressure release column would be located to the north east of the site, close to the boundary with the tennis courts. The site forms part of a large area of public open space which includes a playgroup, play areas and football pitch. The site also provides an informal pedestrian route for residents to the west of Grange which accesses the footpath and underpass to the south of the site which links to the promenade. The site is located within Grange-over-Sands Conservation Area. 2.3 The construction materials of the control kiosk would be glass reinforced plastic (GRP) and the pressure relief column would be steel painted, both would be dark green in colour. 2.4 Vehicular access during construction works would be from Yew Tree Road, which connects onto the B5277 which forms part of the main transport route around the Cartmel Penisula. The temporary construction access surfacing would consist of concrete and stone. No construction traffic would enter the site from the existing Cart Lane access. 2.5 It is proposed to start construction works in September 2011 for a period of 15 months. Hours of construction are proposed as to Monday to Friday and to Saturday with no working on Sunday, Bank or Public holidays. 2.6 The works also include the removal of 7 trees to the south of the site. 2.7 The nearest residential receptor is 60 m from the proposed works. 2.8 The works form part of a much larger scheme which would include an underground tank and associated pipe connections. These works are classed as Permitted Development as identified in the General Permitted Development (Development Management Procedure) Order 2010, Schedule 2, Part 16, Class a (A). 3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 South Lakeland District Council Concern is raised with regards to the access track as this would be for a full width road and constructed of stone this would have a permanent and significant impact on the perceived open nature of the area. We are concerned with regards to the restoration of the site once works have been completed. Concern is raised with regards to the colour of the control box and stack. The development does not make allowance for future growth in the area.

3 3.2 South Lakeland District Council Arboricultural Officer The development requires the removal of 7 trees, the proposed replacement planting with 12 trees would be acceptable mitigation. The tree protection measures proposed are adequate to provide the required level of protection to the retained trees. T27/28 is a large Ash tree which forms a prominent feature in the local landscape and particular attention should be placed upon ensuring its full protection during the works. 3.3 South Lakeland District Council Environmental Health No comments to make. 3.4 Highway Authority The existing access must not be used for the construction phase of the development, upon completion of the scheme the temporary access must be closed off and any extraordinary damage made good to the public highway (Yew Tree Road will need resurfacing at least). It is recommended that the following conditions are imposed on the granting of planning permission use of approved access only temporary access, close existing access during construction, surfacing of access drive, surface water discharge onto highway and access gates recessed. A road opening permit would be required. 3.5 Natural England No objection to the proposal being carried out according to the terms and conditions of the application and plans submitted. 3.6 Environment Agency The mitigation proposed in the executive summary of the extended phase 1 habitat survey 2010, must be implemented during this development. 3.7 Network Rail The developer must ensure that their proposal both during and after completion of works on site does not encroach onto Network Rail land, it must not affect the safety, operation or integrity of the railway and its infrastructure or undermine or damage adversely affect any railway land or structures, nor over sail or encroach upon the air space of any Network Rail land or cause to obstruct or interfere with any works or proposed Network Rail development both now and in the future to be undertaken on Network Rail land an infrastructure. 3.8 The local Member - Mr WJ Wearing has been notified. 3.9 Grange-over-Sands Town Council The following observations are made a. Grange residents should be kept informed throughout the blasting phase b. Pre-structural surveys should be carried out on adjacent properties c. Wheelwash and road sweeper should be available d. Intrusive and traffic movement before should be kept to a minimum e. Constraints on noise levels should be monitored f. Comprehensive risk analysis should be undertaken to assess traffic control measures g. A new gate should be installed at the Yew Tree Road access

4 h. Post and wire fencing between the site access track and the footpath next to the railway should either be removed or replaced with new barrier style i. Concerned with the siting of the control kiosk within close proximity to the tennis courts and the potential of unauthorised access to the tennis courts j. GRP is inappropriate in Conservation Area k. New arrangements and equipment should not create any nuisance for neighbours from odour or noisy equipment l. Right of way should be maintained from Yew Tree Road to the underpass at the south of the site. m. The area should be maintained to a high standard n. Limits should be set on upper frequency of vehicle movements o. Limits should be set on upper frequency of blasting detonations, decibel levels, size and frequency for trucks taking material. p. Maximum noise levels should be a planning condition q. Acceptable arrangements for cleaning and maintenance of the screens should be specified r. Condition should specify the size of cranes that may be used s. Parking restrictions should be clearly set out 3.10 One letter of representation has been received from 17 Yew Tree Road who is concerned regarding the loss of view and the disruption to playing field users during construction works. 4.0 PLANNING ASSESSMENT 4.1 The Cumbria Minerals and Waste Development Framework Generic Development Control Policies recognises that improvements to the wastewater treatment system in Cumbria could be required to meet the EC Directives on bathing water and urban wastewater. The plan also recognises that such facilities have strong locational requirements in order to tie in with existing infrastructure. Policy DC 4(f) of the Plan establishes a presumption in favour of approval of wastewater treatment facilities. It states that, proposals which are likely to have significant adverse effects on the environment or communities would only be permitted where they present the best practical environmental option. 4.2 The works form part of United Utilities (UU) AMP5 (Asset Management Plan 5) Programme. This is a major programme of work to provide new assets, together with refurbishing and upgrading existing UU assets across the region as required by the water industry regulator Office of Water Services (OFWAT) and the Environment Agency (EA), to be implemented between 2005 and 2010.

5 4.3 The works are required to reduce spills to 3 per bathing season. During times of high flow (typical storm conditions) flows within the network have to be contained until the capacity in the sewers has reduced to such an extent that the contained flows can be released back into the network and passed forward for full treatment at the WwTW. The works are essential to the upgrading the existing works as this has been identified as unsatisfactory intermittent discharge (UID) in relation to coastal discharge standards. 4.4 The site forms part of a large area of public open space which is used for sporting and recreational purposes. The site undulates in a southern to northern direction. The flatter land is to the south of the site and forms the application site. The site is bounded to the east by the west coast rail line and Morecambe Bay and to the south/west are residential properties and to the north agricultural land. 4.5 The existing pumping station is located in the south west corner of the site. This is a 1920 s style building, which is screened by mature trees. The work is proposed to the north-east of the existing pumping station on an area of relatively flat land, located close to the railway line and enclosed tennis courts. 4.6 It is proposed to locate the kiosk and the pressure release column parallel to the boundary fence on the western boundary of the tennis courts. Grange Town Council have raised concern with regards to the position being close to the boundary with the tennis courts and the potential for unauthorised access to the tennis courts. There are two existing storage boxes within the tennis court, which could provide access at times when the courts are out of use. 4.7 Access to the site during construction is via the B5277 on to Yew Tree Road. There is an existing vehicular access on to the open space, which would need to be widened to allow HGVs to access the site. The Highway Authority have not raised any objection to the use of the temporary access during construction works. However, an appropriately worded condition would be included on the granting of any planning permission to ensure parking restrictions, warning signs, etc are available to warn pedestrians/drivers of potential issues. 4.8 There is currently a vehicular access off Carter Fold which serves the recreational ground. It is proposed to upgrade this access with crushed stone and the area around the proposed works with grasscrete. The access track runs parallel with a public right of way which serves the promenade. It is proposed to re-profile the banking along the track and plant 10 new trees along the access to help screen the track. South Lakeland District Council have raised concern that the upgrade of the track would have a visual impact on the area. I am of the opinion that should planning permission be granted with the mitigation works proposed the visual impact of the track would be minimal. 4.9 The works would be for a maximum period of 15 months with an anticipated start date September The site would be visible from the B5277, west coast rail line and promenade. However this would be a temporary impact and the land reinstated on completion. An appropriately worded condition would be included to the granting of any planning permission to ensure that the site is returned to its original state.

6 4.10 It is proposed to remove 7 trees along the southern boundary of the site to allow an upgrade on the existing access track. A replacement planting scheme is proposed to plant 12 trees to compensate for the loss of these trees. There is a large mature Ash tree which is to be retained, an appropriately worded condition would be imposed on the granting of any planning permission requiring a root protection zone to ensure no damage occurs to the tree Grange Town Council have raised concerns on a number of issues the majority of which are outside the scope of this planning application. However, where relevant their concerns would be controlled by an appropriately worded condition and an associated informative s in place bring other issues to the applicants attention One letter of objection has been received who is concerned with regards to the loss of view and the disruption during construction works. The works are for a temporary period of time and once completed the site would be restored to its original condition. Human Rights Act The proposal will have a limited impact on the visual, residential amenities and environmental amenity of the area. Any impacts on the rights of local property owners to a private and family life and peaceful enjoyment of their possessions (Article 8 and Article 1 of Protocol 1) are minimal and proportionate to the wider social and economic interests of the community. Conclusion 4.14 These works are essential to upgrade the existing WwTW for Grange which do not meet current EU standards. The site would have a temporary impact on the visual amenities of the area, but this would only be for a short period of time. I recommend that planning permission is granted. Paul Feehily Assistant Director - Planning & Sustainability Contact Mrs Jayne Petersen, Kendal, tel: , jayne.peterson@cumbria.gov.uk Background Papers Planning Application File Reference No. 5/11/9004 Electoral Division Identification Grange ED - Mr WJ Wearing \\ccc-prdc-fp05\kendal\filing\planning\applications\southlakeland\2011\ _uu_grange-over_sands_pp \dcandr Report.doc

7 Appendix 1 Ref No. 5/11/9004 Development Control and Regulation Committee 20 July 2011 THE TOWN AND COUNTRY PLANNING (DEVELOPMENT MANAGEMENT PROCEDURE) (ENGLAND) ORDER 2010 Summary of Reasons For Grant of Planning Permission 1 This application has been determined in accordance with the Town and Country Planning Acts, in the context of national and regional planning policy guidance and advice and the relevant development plan policies. 2 The key development plan policies taken into account by the County Council before granting permission were as follows: Cumbria Minerals and Waste Development Framework - Generic Development Control Policies Policy DC4 Criteria for Waste Management Facilities Waste management facilities that accord with Core Strategy Policies 2, 8 and 9 and which do not have adverse environmental impacts will be permitted if they conform to the locational and other criteria. Waste water treatment facilities will be permitted in appropriate locations if proposals have minimised any adverse environmental impacts. South Lakeland Local Plan 2006 Policy S26 Development which fails to provide adequate means of sewage disposal and treatment, or where the capacity of the existing foul sewerage system or treatment works would be exceeded, will not be permitted. 3 In summary, the reasons for granting permission are that the County Council is of the opinion that the proposed development is in accordance with the development plan, there are no material considerations that indicate the decision should be made otherwise and with the planning conditions included in the notice of planning consent, any harm would reasonably by mitigated. Furthermore, any potential harm to interests of acknowledged importance is likely to be negligible and would be outweighed by the benefits of the development.

8 Appendix 2 Ref No. 5/11/9004 Development Control and Regulation Committee - 20 July 2011 Conditions Time Limits 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. To comply with Section 91 of the Town and Country Planning Act 1990 Approved Documents 2. The development shall be carried out strictly in accordance with the approved documents, hereinafter referred to as the approved scheme. The approved scheme shall comprise the following: a. The submitted Application Form dated 6 May 2011 b. Design and Access Statement dated 6 May 2011 c. Supporting Statement dated 6 May 2011 d. Great Crested Newts Scoping Survey Report dated April 2010 e. Arboricultural Report f. Extended Phase 1 Habitat Survey dated June 2010 g. Plans numbered: LAK0073/ /00/97/2001 rev A Site location plan LAK0073/ /00/97/2002 rev A Proposed site layout LAK0073/ /00/97/2003 rev A Proposed elevations LAK0073/ /00/97/2004 rev A Temporary construction access LAK0073/ /00/97/2005 rev A Proposed pressure balancing stack and control kiosk LAK0073/ /00/97/2006 rev A Proposed elevations LAK0073/ /00/97/2007 rev A Proposed section D-D UU/ES/L/ /5026/2623 Tree replacement plan UU/ES/L/ /5026/2622 Tree removal and tree protection plan h. The details or schemes approved in relation to conditions attached to this permission. i. This Decision Notice To ensure the development is carried out to an approved appropriate standard and to avoid confusion as to what comprises the approved scheme. 3. No development shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved statement shall be adhered to throughout the construction period. The Statement shall provide: details of the type, size & location of on-site facilities for construction workers; a traffic management plan, including but not limited to details of: parking restrictions on Yew Tree Road parking for site workers and visitors to the construction site; the anticipated number and type of vehicles accessing the site; measures to safeguard pedestrian and cyclists around the site; vehicle turning and manoeuvring areas for loading and unloading of all

9 construction vehicles safely; works access and traffic direction signage; site security during construction, and measures to control: noise; dust; odour, vibration To ensure that no operations take place which would lead to an unacceptable impact upon the amenity of local residents and safety of users of the public highway. 4 The construction access, parking, turning and manoeuvring areas, signage and safeguarding measures shall be in place before any building work commences on site. The carrying out of this development without the provision of these facilities during the construction work is likely to lead to inconvenience and danger to road users. To support Local Transport Policies: LD8 5 No construction works relating to the development hereby approved shall be undertaken except between the hours of 08:00 to 18:00 Mondays to Fridays and 08:00 to 13:00 Saturdays and not at all on Sundays and Bank/Public Holidays In the interests of preserving the amenity of neighbouring residents 6 During the construction stage no vehicles shall leave the site in a condition that would give rise to the deposit of mud, dust or other debris on the public highway. In the interests of highway safety 7 During construction works traffic shall only access the site from Yew Tree Road only. To avoid vehicles entering or leaving the site by an unauthorised access or route in the interest of highway safety. 8 The access shall be surfaced with bituminous or cement bound materials and shall be constructed and completed before the development is brought into use. In the interests of highway safety. 9 No development shall take place until details of all measures to be taken to prevent surface water discharging onto or off the highway has been submitted to, and approved in writing by, the local planning authority. When approved the measures shall be implemented prior to the development being completed and shall be maintained thereafter. In the interests of highway safety and environmental management

10 10 Access gates, shall be hung to open inwards only away from the highway, be recessed no less than 4.5 metres as measured from the carriageway edge of the adjacent highway. In the interests of highway safety. 11 No development shall take place until details of the height, type, position and (including angle of glare) of any floodlights, whether temporary or permanent, shall be submitted to and approved in writing by the Local Planning Authority prior to the development hereby permitted being commenced. The details shall demonstrate that no light will be positioned so as to be directly visible from residential property. The details and measures so approved shall be carried out and maintained thereafter. In the interests of visual amenity 12 No development shall commence, nor shall any materials or machinery be brought onto the site, until a 1.2 metre high fence in a continuous length, one metre beyond the crown spread of the ash tree to the southern boundary of the site has been erected in accordance with a plan submitted to the Local Planning Authority and agreed in writing by them. The fencing must remain throughout the period of construction and no materials, equipment or waste shall be stored, or burnt within the area or any excavation or changes in level take place within the fenced area. No changes in ground levels shall be made within the fenced area without the prior written approval of the Local Planning Authority. To protect trees during the construction period and in the interests of visual amenity. 13 A detailed scheme for the restoration of the site shall be submitted for approval by the Local Planning Authority within 3 months of commencement of development. To provide information not submitted with the application which is necessary to secure the proper restoration of the site. Informatives 1. Failure to supply details under the requirements of conditions would result in the proposal being in breach of the planning permission and action maybe taken to rectify this. 2. During the blasting phase, residents shall be informed in advance of forthcoming blasts. 3. A right of way shall be maintained from Yew Tree Road to the underpass at the south of the site, this should be clearly marked.