Applicant: United Utilities Plc Parish: Skelton Clearwater 4 Lingley Green Avenue Received: 14 August 2013 Warrington

Transcription

1 DEVELOPMENT CONTROL AND REGULATION COMMITTEE 18 October 2013 A Report to the Assistant Director - Planning & Sustainability Application No: 3/13/9009 District: Eden Applicant: United Utilities Plc Parish: Skelton Clearwater 4 Lingley Green Avenue Received: 14 August 2013 Warrington PROPOSAL Construction of a wastewater treatment works (including removal of trees and hedgerow) Land to South East of Townend Cottage, Laithes, Penrith Page 1

2 1.0 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 It is proposed to construct a small new Wastewater Treatment Works (WwTW) site which would occupy an area of 1,932m 2 (0.19ha). The works would comprise of the following above ground elements: i) A covered Rotating Biological Contactor (RBC) tank. This unit provides the primary treatment process for the works. It houses a series of rotating discs with very high surface areas that digestive bugs grow on. These discs are arranged on an axle which rotates and as the wastewater flows through the bugs digest and break down the organic content of the sewage. The tank, which would have a rectangular footprint measuring 10m x 4m, would be mostly below ground, however its cover dome would be above ground level and would extend to a maximum of 1.5m above the existing ground level at its apex. The cover dome would be made out of Glass Reinforced Plastic (GRP) coloured Dark Green. ii) A Control Kiosk measuring 7.3m (L) x 2.9m (W) x 2.9m (H - including plinth) formed from GRP and coated a dark green colour. iii) A Welfare Facility Unit measuring 4m (L) x 2m (W) and 2.9m (H) - including plinth. This would also be formed from dark green coloured GRP and would have a window looking into the site. iv) A new permanent tarmacked access bellmouth off the U3029 road between Laithes Bridge and Catterlen. The access would be located approximately 25m back from the junction of the U3029 (Laithes to Catterlen road) with the C3010 Skelton Road (near Laithes Bridge). v) A concrete internal access road with hammerhead turning area and further areas of concrete hard standing amounting to a total hardstanding area of approximately 900m 2. vi) A 1.8m high access gate and perimeter fence comprising of chain link security fencing coloured dark green. 2.2 To facilitate the development as designed 2no. trees and 20m of existing hedgerow will need to be removed. Replacement hedgerow planting would be provided to mitigate this loss and help screen the development. The hedgerow planting would be outside the fencing on the eastern elevation but within the fenced area on its other elevations. 2.3 It is anticipated that this facility would be maintained by two service visits per month. It is designed to operate remotely and when servicing is required, it would typically be attended by operatives in a light commercial vehicle (e.g. Transit van, or similar). In the unlikely event of a malfunction of the wastewater treatment works, it may be necessary for the site to be visited by a tanker to empty the wet well to facilitate repairs to equipment therein. 2.4 The WwTW is required in association with a new sewage network for Laithes and Catterlen. United Utilities are required by the Environment Agency to provide first time sewerage to these villages to resolve environmental and amenity problems Page 2

3 arising from their reliance on poorly-performing private septic tanks. The WwTW will discharge cleaned, final effluent into the River Petteril via an outfall (planning application 3/13/9010). 3.0 CONSULTATIONS AND REPRESENTATIONS 3.1 Eden District Council s Planning Services have no comments. 3.2 Eden District Council s Environmental Health Protection team have no objections. 3.3 Skelton Parish Council support the principle of the installation and its position within Laithes on the basis that they have heard no objections from local landowners. 3.4 The adjacent parish council (Catterlen) have also been notified, but did not comment on this application. 3.5 The Environment Agency have no objections. 3.6 Natural England have no objections regarding statutory nature conservation sites or protected species stating that the proposed development would be unlikely to affect bats or otters. 3.7 The Highway Authority have no objections. They are satisfied with the submitted details and request the imposition of conditions regarding access detail and provision. 3.8 The Historic Environment Record Officer has no objections or comments. 3.9 Mr AP Richardson is the local county council member for the electoral division which this application falls within (Greystoke & Hesket). He called in this application for a site visit and a committee decision at the Special Development Control and Regulation Committee meeting of Tuesday 24 September 2013 and a Site Visit was subsequently held Wednesday 2 October No representations have been received. 4.0 PLANNING ASSESSMENT 4.1 Location 4.2 The proposed WwTW would be located within a grade 3 agricultural field that currently comprises improved pastoral grassland. The site has been positioned so as to be adjacent to the north western field boundary. The site lies approximately 300m from the eastern edge of the main hub of Laithes village and 100m north of Laithes Bridge and the River Petteril. 4.3 The site would be immediately opposite (south-east) of a camping and caravanning site associated with Town End Cottage. Town End Cottage would be the nearest residential receptor being approximately 130m from the proposed works. The next nearest potential receptors would be the cluster of three residential properties at Laithes Bridge being approximately 145m from the proposed site. The other properties at Town End are approximately 170m from the site. Page 3

4 Scheme Overview 4.4 The proposed WwTW is a vital part of the first time sewage scheme for Laithes and Catterlen that will deliver substantial environmental benefits by providing scope to remove properties from these villages from reliance on poorly performing septic tanks, therefore improving water quality of the River Petteril and Henley Sike. Policy Context 4.5 The key relevant Development Plan Policy against which this application must be considered is Policy DC4(f) of the Cumbria Minerals & Waste Development Framework s [CMWDF] Generic Development Control Policies; which states that waste water treatment facilities will be permitted in appropriate locations if proposals have minimised any adverse environmental impacts. On consideration of the application, the principle potential adverse impact of the proposed WwPS is considered to be landscape and visual (Policy DC12). Landscape & Visual Impact 4.6 The site is located within landscape subtype 6 Intermediate Farmland as defined by the Cumbria Landscape Character Guidance and Toolkit. The key characteristics of this landscape type in this area are the presence of extensive areas of improved grazing pasture with regular patterns of hedges, wooded valleys, open rivers and ghylls. Though the site is located at a low-point in the valley associated with the River Petteril, it would be contained relatively well by the existing topography and foliage (copses, trees, hedgerows) so as not to have an impact on the wider landscape. 4.7 The proposed security fencing, large area of concrete hardstanding and fixed machinery equipment could appear to be isolated alien features in this landscape type, however their presence would be softened by the proposed screen planting, and recessive green colour palette applied to the fencing and above ground equipment. While the deployment of new additional hedgerow would be in-keeping with the areas landscape character type and provide screening. The security fence type and height are accepted as necessary in the interests of public safety. 4.8 Views to the proposed WwTW from the north-west of the site (i.e. Town End) are partially screened by the existing hedgerow and mature tree planting lining the U3029. There would be potential views/glimpses into the site looking eastward from the south-eastern periphery of the main village hub and clear views from the highway to the south having crossed over to the north side of Laithes Bridge. The main elements of the development that stand to have the greatest visual impact are, in rough order of anticipated visibility are: the boundary fencing, the welfare facility unit, the control kiosk and Rotating Biological Contactor (RBC) tank. 4.9 The proposed screen planting measures proposed would substantially reduce views of the site to its west and soften its visual impact from the highway to the south. The existing mature belts of trees around Laithes Bridge meanwhile ensure the site would not be visible from the properties located at Laithes Bridge. There are no clear views into the field in which the site would be located from the highway to the North (which is the only public viewpoint in this direction) due to the lie of the land and heavily vegetated highway verges. The thick bands of trees along the field boundaries would serve to screen it from the east. United Page 4

5 Utilities wish their proposals for screen planting on the northern and eastern boundaries of the site to be determined via submission under condition. Planting within this area would provide a backdrop that would help further shelter and enclose the site Though this development would undoubtedly have a landscape and visual impact within this location in the open countryside, its sensitive siting, choice of materials and proposed screen planting would substantially reduce this and mostly confine its visual impact to views from the highway to the south. Yet even from this vantage point, the screen planting proposed would soften and help blend the site into the wider landscape with the impact being reduced over time as the landscaping planting establishes itself. Other Planning Considerations Ecology 4.11 The extended Phase 1 Habitat Survey Report undertaken is considered adequate in terms of timing, methodology, scope and conclusions. Similarly, the Phase 2 Otter and Bat survey satisfactorily establishes that the development would not impact otters or trees used by roosting bats The improved agricultural grassland upon which the footprint of this development is proposed has a low biodiversity value. The removal of a section of hedgerow to facilitate access to the site has the potential to impact upon nesting birds consequently any consent would be conditioned to ensure no removal takes place during the bird breeding season. This hedgerow is not considered to be of high importance under the Hedgerow Regulations (1997) due to the low diversity of woody species and lack of associated features. The landscaping proposals for the site would provide additional hedgerow planting on the sites western and southern sides which would result in a net increase in hedgerow habitat. Odour and Noise 4.13 The small scale of the sewage network that the WwTW will serve (with 65 properties proposed to be connected and with capacity for a further 20) will translate to a very low volume of foul flows. All pre-treatment flows are belowground and covered and United Utilities state that under the correct operating conditions there will be negligible odour associated with these flows. The RBC treatment method proposed at this site was selected specifically for this site over other treatment types as it provides the most compact footprint and as it is covered - thus eliminating noise, odour and fly problems. Consequently the development is not likely to generate any significant levels of odour likely to offend passers-by or occupants of the nearest properties Similarly, the control kiosk and below-ground equipment do not generate any significant levels of noise and will not be audible to passers-by or occupants of the nearest properties. The Environment Agency and Eden s Environmental Health department have no comments or objections to make regarding potential odour or noise. Resultantly, I am satisfied that the engineering design will ensure there will be negligible amenity impact associated with noise or odour. Page 5

6 Access / Traffic 4.15 The proposed WwTW would be accessed off the U3029 road between Catterlen and Laithes. The access would be approximately 25m from this roads junction with the C3010 (Netwon Reigny / Skelton Road). The site access has been sized to ensure appropriate site lines for vehicles entering and exiting the site and a turning area provided to allow vehicles to enter and exit in forward gear. The gate has been positioned to allow vehicles to pull off the highway without causing conflict to other road users. Highways are satisfied with the access location The use of concrete for the access track is noted as having been selected as the most appropriate material for withstanding the stresses that would be imposed by the type of vehicles anticipated, in particular the effects of slow manoeuvring, and for maintaining a slip-free surface for operatives. Water Environment 4.17 The site has been designed so as to allow complete containment of any spillage of sludge, oil or chemical, and thereby prevent any risk of local contamination. Human Rights Act The proposal will have a limited impact on the visual, residential and environmental amenities 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 4.19 The proposal would facilitate the provision of necessary waste water treatment facilities required as part of a new first-time sewage scheme that would help deliver significant environmental benefits by providing the scope to remove properties within Laithes and Catterlen from reliance on private septic tanks (- a number of which have been causing pollution in the local area). Thus there is a clear need for this works to serve the scheme somewhere in the area The proposed location is considered appropriate and has not raised any objection. Though WwTWs are industrial in nature and notable in form and size the applicant has sensitively designed and landscaped the scheme to minimise its harm upon the local landscape character and visual amenity. Consequently it is considered to comply with policy and I recommend that planning permission is granted subject to conditions. Mr Edward Page Planning Officer Tel: , edward.page@cumbria.gov.uk Electoral Division Identification Greystoke & Hesket ED - Mr AP Richardson Background Papers Planning Application File Reference No. 3/13/9009 \\ccc-prdc-fp03\kendal$\filing\planning\applications\eden\2013\ _laithes_wwtw_(pp ) Page 6

7 Appendix 2 Ref No. 3/13/9009 Development Control and Regulation Committee 18 October 2013 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, the relevant development plan policies, and in the context of national planning policy framework. 2 The key development plan policies taken into account by the County Council before granting permission were as follows: CUMBRIA MINERALS & WASTE DEVELOPMENT FRAMEWORK [CMWDF] Generic Development Control Policies (Adopted April 2009) Policy DC 4 - Criteria for Waste Management Facilities f. Waste water treatment facilities will be permitted in appropriate locations if proposals have minimised any adverse environmental impacts, / Policy DC 10 - Biodiversity and Geodiversity Proposals for minerals and waste developments that would have impacts on locally important biodiversity and geological conservation assets, as defined in the Core Strategy, will be required to identify their likely impacts on, and also their potential to enhance, restore or add to these resources, and to functional ecological and green infrastructure networks. Enhancement measures should contribute to national, regional and local biodiversity and geodiversity objectives and targets, and to functional ecological and green infrastructure networks. Proposals for developments within, or affecting the features or settings of such resources, should demonstrate that: a. the need for, and benefits of, the development and the reasons for locating the development in its proposed location and that alternatives have been considered. b. appropriate measures to mitigate any adverse effects (direct, indirect and cumulative) have been identified and secured, and advantage has been taken of opportunities to incorporate beneficial biodiversity and geological conservation features, or c. where adverse impacts cannot be avoided or mitigated for, that appropriate compensatory measures have been identified and secured, and d. that all mitigation, enhancement or compensatory measures are compatible with the characteristics of, and features within, Cumbria. Policy DC 12 - Landscape Proposals for development should be compatible with the distinctive characteristics and features of Cumbria's landscapes and should: a. avoid significant adverse impacts on the natural and historic landscape, b. use Landscape Character Assessment to assess the capacity of landscapes to accept development, to inform the appropriate scale and character of such Page 7

8 development, and guide restoration where development is permitted, c. in appropriate cases use the Guidelines for Landscape and Visual Impact Assessment to assess and integrate these issues into the development process, d. ensure that development proposals consider the effects on: locally distinctive natural or built features; scale in relation to landscape features; public access and community value of the landscape; historic patterns and attributes; and openness, remoteness and tranquility, e. ensure high quality design of modern waste facilities to minimise their impact on the landscape, or views from sensitive areas, and to contribute to the built environment, f. direct minerals and waste developments to less sensitive locations, wherever this is possible, and ensure that sensitive siting and high quality design prevent significant adverse impacts on the principal local characteristics of the landscape including views from, and the setting of, Areas of Outstanding Natural Beauty, the Heritage Coast or National Parks. Policy DC 14 The Water Environment Planning permission will only be granted for developments that would have no unacceptable quantitative or qualitative adverse effects on the water environment, including surface waters and groundwater resources. Proposals that minimise water use and include sustainable water management will be favoured. 3 The National Planning Policy Framework (March 2012) is also a material consideration, and has been taken into account in this report with reference to: Paragraph 14 At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. For decision-taking this means: approving development proposals that accord with the development plan without delay; and 4 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 be 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. Page 8

9 Appendix 2 Ref No. 3/13/9009 Development Control and Regulation Committee 18 October 2013 Conditions Time Limit for Implementation of Permission 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: To comply with Section 91 of the Town and Country Planning Act 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 14 August 2013 b. Design and Access Statement Rev.B dated 09 October 2013 c. Supporting Statement Rev.B dated 09 October 2013 d. Extended Phase 1 Habitat Survey Report Rev2 dated July Catterlen and Laithes e. Phase 2 Otter and Bat Surveys Rev1 dated August 2013 f. Arboricultual Report - dated 15 July 2013 (JCA Ref 11168AB) g. Plans numbered and named: i) P371_ _00_97_20015_RevA - Site Layout Plan - Laithes WwTW ii) P371_ _00_97_20016_RevA - WwTW Kiosk Elevations iii) P371_ _00_97_20017_RevA - Site Elevations Laithes WwTW iv) P371_ _00_97_9200_RevA - Tree Retention, Removal and Protection Plan v) P371_ _00_97_9400_RevB - Landscaping Proposals Plan h. The details or schemes approved in relation to conditions attached to this permission. i. This Decision Notice Reason: To avoid confusion as to what comprises the approved scheme and ensure the development is carried out to an approved appropriate standard. Pre-Development Site Levels 3. Prior to the commencement of development a detailed topographic survey of the pre-development ground levels of the application site and immediately surrounding area shall be submitted for approval. Once approved, the ground levels shall not be raised above the levels shown in this plan. Reason: In the interests of visual and landscape amenity Further Design Detail 4. Prior to the commencement of development a detailed plan and elevation drawing of the Rotating Biological Contacter (RBC) Unit shall be submitted along with an updated and revised copy of plan P371_ _00_97_20017_RevA - Site Elevations Laithes WwTW for approval. The unit shall not exceed 1.5m in height Page 9

10 above the existing ground level. The RBC shall be installed as specified on the approved plans. Reason: To reserve for subsequent approval by the Local Planning Authority, details relevant to the development hereby permitted which were not submitted with the planning application, in the interests of visual and landscape amenity. Further Landscaping Detail 5. Prior to the commencement of development a detailed final landscaping plan shall be submitted for the approval of the local planning authority. The scheme shall include details of: a. the proposed screening landscaping proposed for the eastern and northern boundaries of the site including details of all plant/tree species, their number, planting size, spacing, location and protection. b. the landscape considerations and rationale behind the proposed scheme. Once approved, the scheme shall be implemented in its entirety in the first planting season following completion. Reason: To reserve for subsequent approval by the Local Planning Authority, details relevant to the development hereby permitted which were not submitted with the planning application, in the interests of visual and landscape amenity. Planting Maintenance 6. Any trees or shrubs which die or become seriously damaged or diseased within five years of planting shall be replaced with plants of the same species or such species as may otherwise be agreed with the Local Planning Authority. Reason: In the interests of biodiversity and visual and landscape amenity. Hedgerow Removal 7. No hedgerow or tree removal, or related site clearance, shall take place during the bird nesting season (i.e. between the 1st March and 31st August inclusive in any year). Reason: To ensure appropriate protection for breeding birds under Section 1 of the Wildlife and Countryside Act Vehicular Access Detail and Delivery 8. Prior to the commencement of development, plans showing the construction detail, drainage measures and levels of the vehicular access areas bounded by the carriageway edge and the boundary gates for the wastewater treatment works site shall be submitted by the applicant and approved by the Local Planning Authority. Once approved the scheme shall be implemented in full. Reason: In the interests of highway safety. 9. Prior to the commencement of any other aspects of the development, the new site access for the wastewater treatment works site, along with its access track and turning area shall be installed/constructed so that constructional traffic can safely park and turn clear of the highway. Once complete the accesses shall be retained Page 10

11 capable of use thereafter and shall not be altered without the prior consent of the Local Planning Authority. Reason: In the interests of highway safety as the carrying out of development without the provision of these facilities is likely to lead to inconvenience and danger to road users. Retention of the facilities ensures an appropriate standard of parking and access for as long as the use continues. Highway Condition 10. Measures shall be put in place for the duration of the construction to ensure that no mud or other debris from the site is tracked on to the public highway. Reason: In the interests of the amenity of highway/road users. Page 11