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A.3 (SM)

Local Members' Interest

W.Day

Caverswall

PLANNING COMMITTEE – 10 APRIL 2008 WASTE COUNTY MATTER - Staffordshire Moorlands: SM.08/02/169 W

Date Received: 23 January 2008

Date Further Details Received: 26 March 2008 Phase 1 Habitat Survey Report

Severn Trent Water Ltd, Construction of an access road in conjunction with application SM.07/14/169 W approved 22/11/07 Land adjacent 44 Clough Lane, Werrington.

1. Summary of Proposals 1.1 The application is for construction of an access road to serve a permitted kiosk and

underground works in conjunction with an application relating to land adjacent to No. 44 Clough Lane, Werrington (SM.08/02/169 W) approved on 22 November 2007. This was for the kiosk which measures 1.1m high x 0.66 m wide x 0.28m deep housing telemetry equipment in association with underground sewerage works.

1.2 The proposed access road would be approximately 4.0 m wide and it would be

constructed using crushed stone. At the end of the track, a turning head would be required adjacent to the underground works. The existing access gate would be replaced with a steel access gate and post and rail fencing.

1.3 The new gates would be set back from the highway sufficiently to allow a tanker visiting

the site to pull off the road. The access mouth would be constructed of concrete. 1.4 Construction works are anticipated to take about three months. During normal

operations it is anticipated that a van would visit the site twice a year. However the access road has been designed to accommodate a tanker/ jetting wagon when more significant maintenance is required.

1.5 In accordance with the Town and Country Planning (Environmental Impact Assessment)

(England and Wales) Regulations 1999, the County Council has conducted a “Screening Opinion” on the proposals which concluded that the proposed development is not EIA development and therefore need not be supported by an Environmental Statement.

2. Site and Surroundings 2.1 Clough Lane extends southwards from the A52 (Ash Bank Road) in Werrington, towards

the village of Hulme. 2.2 The proposed access road would be located to the southern edge of the built up area of

Werrington.

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3. Relevant Planning History 3.1 Planning permission SM.07/14/169 W was granted in November 2007 for the erection of

a kiosk (1.1m high x 0.66m wide x 0.28m deep) in association with underground works. Condition 3 of this consent requires the provision of a permeable parking bay in the grass verge to enable vehicles visiting the site to park off-road.

4. Relevant Development Plan Policy and Planning Guidance

4.1 West Midlands Regional Spatial Strategy:

• Policy QE1 (Conserving and Enhancing the Environment) • Policy QE9 (The Water Environment)

4.2 Staffordshire and Stoke-on-Trent Structure Plan (1996-2011) (adopted May 2001,

amended February 2002 following High Court ruling): (Saved policies) • Policy D2 (The Design and Environmental Quality of Development) • Policy D5B (Development in the Green Belt) • Policy NC2 (Landscape Protection and Restoration) • Policy MW6 (Evaluation of Proposals)

4.3 Staffordshire and Stoke-on-Trent Waste Local Plan (1998-2011) (adopted February

2003): (Saved policies) • Policy 3 (General Protection). • Policy 12 (Criteria for the location of Waste Treatment Facilities).

4.4 Staffordshire Moorlands Local Plan (Saved policies)

• Policy N2 (The Green Belt) • Policy N7 (Visual amenity of the Green Belt) • Policy B13 ( Within the plan area development proposal will be expected to: (A) Demonstrate a good quality of design which takes account of the scale, character, siting, alignment, mass, design, colour and materials of the surroundings. (B) Provide design and landscaping of the spaces between and around buildings throughout the whole site)

5. Findings of Consultations Internal 5.1 The Environment and Countryside Unit (ECU) commented on the proposal:

• Rights of Way: confirm that the access road is unlikely to affect the line of an existing public footpath other than the construction of the 0.6m wide stone footpath to the existing outfall affecting the contour of the public path. The surface maintenance of the track is the responsibility of the County Council. Therefore, any development that affects the appearance of the track must be re-instated to the satisfaction of the County Council. Finally, Rights of Way suggest that legal clarification be sought with regards to the route affecting the land and the right of way for the general public.

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• Ecology: the applicant has not provided any ecological information. The application site falls within the Staffs Moorlands Biodiversity Enhancement Area which is supported by the Regional Spatial Strategy Policy QE7. ECU has requested a Habitat Survey to determine whether or not there are any impacts on protected habitats or species. On 26 March 2008 Severn Trent submitted a Habitat Survey which was forwarded to ECU for comment.

• Forestry: the applicant has indicated that all trees would be retained, but there is no

information about how the trees would be protected during the construction period. Therefore a condition specifying that the protection measures should accord with BS5837:205 should be included.

• Landscape: the use of concrete at the turning head would not be appropriate in this

rural setting and alternative materials, for example a product called Cell/Webb with stone has been suggested.

• Archaeology: there are no archaeological constraints related to the proposal.

5.2 Transport Development Control (on behalf of the Highways Authority) has raised no

objection to the proposal subject to the inclusion of conditions.

External

5.3 The Environment Agency has no objection to the proposal subject to the inclusion of a condition to prevent any increase in ground levels to ensure that there are no obstructions to surface water flows.

6. Views of District/Parish Council 6.1 Staffordshire Moorlands District Council has made no objection. 6.2 Werrington Parish Council was consulted on 21 February 2008 and has not responded. 7. Publicity and Representations Received 7.1 The application was advertised by notices on site and in the press and five neighbours

were individually notified. Eleven letters of representation have been received objecting to the proposal on the following grounds: the access road would affect the public pathway, the kiosk (approved under planning application SM.07/14/169 W) may block vision for local residents and lead to road accidents, it will attract teenagers and there will be an increase in litter. A resident is concerned that the proposal would encourage alcohol consumption whilst others feel that the proposal is on a ‘blind’ corner which could be a contributory factor for an increase in dangerous traffic hazards. There are several objectors concerned that the proposal will spoil the idyllic rural setting that is a safe haven for wildlife, therefore adversely impacting on the ambience of the rural/ green belt area. Another resident is critical of the accuracy of the planning application and the apparent lack of communication between Severn Trent consultants and the local authority. It is also suggested that the applicant has not provided sufficient information on how the landscape would be affected and offers some suggestions to improve the application site, i.e. attracting additional resources using legal agreements, landscaping ideas and implementing traffic calming measures. Some residents provided

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evidence that natural habitats and wildlife would be affected and another concerned that the proposal could lead to further developments by Severn Trent in the area.

7.2 A Neighbourhood Forum took place on 19 March 2008 at Werrington Village Hall. An

Officer attended that meeting and Councillor Day was also in attendance. The main issues that were raised at the meeting were:

• That Clough Lane is a very busy country lane, especially at peak times – for

example, school run times. Delivery traffic should therefore be restricted during the construction phase and only be permitted during off-peak times.

• An alternative route to the site for construction traffic was advocated. A resident

promised to email the planning department with this information. • Would hedges be replanted/ planted? The feedback from the Werrington Village Hall Neighbourhood Forum was relayed to Severn Trent and to the County Council’s Planning Development Control and Transport Development Control.

7.3 Residents were initially concerned that they were not given sufficient time to view the plans and subsequently not enough time to voice their concerns, due to postal problems with the delivery of the copy of the application to Werrington Library. The publicity and consultation period was subsequently extended by 3 weeks to 10 March 2008 and residents informed that all representations received would be taken into account.

8. Observations 8.1 The application is for the construction of a crushed stone access road across a field to

give vehicular access for maintenance purposes to a kiosk (permitted under SM.07/14/169 W) and underground works for which permitted development rights exist. The development of the access road forms a part of an overall improvement programme to the Combined Sewer Overflows, which help to alleviate pressure on the combined sewer system during periods of high frequency and high intensity rainfall.

The key consideration areas are: Green Belt, Landscape, Ecology, Visual Impact and Traffic.

Green Belt 8.2 Although the site lies within the Green Belt area and has been advertised as a departure

from the development plan in Green Belt policy terms, it is considered that very special circumstances exist to justify a departure from the policies relating to Green Belt for the following reasons: • the proposals are located adjacent to an existing Combined Sewer Overflow which

would be improved by the works proposed; • the proposals would represent an improvement to waste treatment facilities, as

identified in PPS 10, RSS, and the Waste Local Plan, and, by modernising the operations, would help to ensure reliability and maintenance of effluent standards;

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• The impact on the openness of the area is not considered to be significant, having regard to the scale of the development, its location on the edge of an urbanised area, the limited visual impact and the infrequent nature of visits to the site.

Landscape:

8.3 The site lies in the ‘Settled Plateau Farmlands in the Potteries and Churnet Valley’

landscape character type, where the landscape policy objective is innovative landscape regeneration. While the materials selected are generally in keeping with the locality, the proposed use of concrete surfacing for the turning head at the end of the track in the field is excessively urban in this location. Therefore an alternative product (CellWeb) that would give a crushed stone appearance with the necessary strength to support turning vehicles is considered to be more appropriate and this can be required by condition.

8.4 Although it is recognised that the works would not directly affect existing trees,

protection measures would be required to be installed prior to work commencing, to prevent damage to the root systems. Details of these protection measures would be required by condition. Any trees or sections of hedgerow unavoidably removed should be replaced and in order to contribute to the landscape policy objective, this should be supplemented with tree and hedgerow planting alongside the new fencing on the frontage with Clough Lane.

8.5 Subject to these conditions, the proposed development is considered to be in

accordance with Structure Plan Policies D2 and MW6 and Policy 12 of the Waste Local Plan and is also not contrary to the principles of Policy 3 of the Waste Local Plan.

Ecology

8.6 The site is within the Staffordshire Moorlands Biodiversity Enhancement Area where

protection and enhancement of habitat are a priority under Regional Spatial Strategy policy QE7. The habitat survey provided has been assessed with regard to the relevant Structure Plan policies and legal requirements. The survey identifies habitats of moderate value – neutral grassland, woodland and a watercourse wildlife corridor - that would be affected by the proposal. It identifies potential impacts on birds, reptiles, bats and other protected species. In order to ensure that mitigation is included in the scheme to prevent harm to ecological interest, conditions should be imposed to include:

- a Method Statement for the construction of the road demonstrating how impacts on habitats and species would be minimised,

- pre-commencement surveys for breeding birds and reptiles and measures to

protect any breeding sites, - a bat survey prior to any felling or lopping of mature trees, - tree protection measures, - reinstatement of any hedgerow lost, - measures for the protection of other protected species,

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- habitat enhancement by the strengthening of the local hedgerow network.

Access and Traffic 8.7 Transport Development Control has no objection to the proposal. The replacement

access gate would be located further back from the edge of the highway, thereby enabling operational vehicles to park and turn off the highway when visiting the site. This should result in minimum inconvenience to pedestrians and minimum disruption to the highway network and addresses the comments made by residents that use of the access road may cause an obstruction along Clough Lane. A further benefit of the improved access would be that a separate parking bay in the verge, to be provided in connection with the kiosk already permitted, would no longer be required to be constructed.

8.8 An alternative access route for construction vehicles was proposed by residents with the

aim of easing traffic congestion at peak times and reducing other traffic problems. The suggested route involves using the road through Werrington past the school to Cellarhead crossroads, and the A52, and approaching the site up Clough Lane from the south. Transport Development Control has considered the alternative route but considers that the use of the short length of Clough Lane from the north would be the least detrimental to the amenity of area as a whole. However, Transport DC is willing to support temporary traffic lights as a traffic calming measure.

Visual Impact:

8.9 The crushed stone access road would be adjacent to an existing fence and hedge

alongside Clough Lane. Additional works to the underground chambers would be carried out as part of the programme of improvements in the field behind the proposed access road. However these would be carried out under permitted development rights and do not require planning permission. The proposed access road would be located at the bottom of a hill with higher ground to both the north and south, ensuring that there would be no long distance views of the access road. Given the location of the proposed access road it is considered to have no detrimental visual impact on the surrounding area and therefore conforms to Staffordshire and Stoke-on-Trent Structure Plan Policy D2.

Other matters raised:

8.10 A number of representations have raised concerns about the proposal attracting

teenagers, and leading to an increase in litter and the consumption of alcohol on site. It is considered, however, that this proposal for a gated access track would not in itself attract such interest.

8.11 It has recently been reported by residents that work had commenced on site prior to any

decision being made on the application and that a tree with a bird’s nest had been felled. Following a site inspection by the Case Officer and Planning Regulation Officer and discussion with Severn Trent, it can be clarified that the activity was in connection with permitted development work and that the tree was removed prior to the nesting season. The existing nest was old and showed no signs of current use or prospective use.

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9. Summary of Reasons for the Recommended Decision 9.1 The application is for the construction of a crushed stone access road and turning circle

in connection with a kiosk and underground works at Clough Lane, Werrington. The proposals are minor in scale and would not have a detrimental impact on the visual appearance or amenity value of the area or its surroundings, nor is it considered that the development would have a material impact on the openness of the Green Belt. The proposal includes the replacement and resiting of an existing gate enabling operational vehicles to park off the highway when visiting the sewage treatment works which should result in minimum inconvenience to pedestrian flows and minimal disruption to the highway network. As such the proposed development is considered to be in accordance with Structure Plan Policy D2 and Waste Local Plan Policy 3. Subject to the substitution of an appropriate product for the concrete surface of the turning circle, the proposal accords with good design principles in accordance with Staffordshire and Stoke on Trent Structure Plan Policies D2, NC2 and MW6, and Staffordshire Moorlands Local Plan Policy N2. Subject to conditions to secure landscape and ecological protection and mitigation, the proposal is also considered to be in accordance with the principles of Policies 3 and 12 of the Waste Local Plan.

9.2 While the application is a departure from the development plan in Green Belt policy

terms (namely Structure Plan Policy DB5, Waste Local Plan Policy 3 and SMDC Local Plan Policy), it is considered that the following very special circumstances exist to permit the development.

• the proposals are located adjacent to an existing Combined Sewer Overflow which

would be improved by the works proposed; • the proposals would represent an improvement, as identified in PPS 10, RSS, and

the Waste Local Plan, and, by modernising the operations, would help to ensure reliability and maintenance of effluent standards;

The impact on the openness of the area is not considered to be significant, having regard to the scale of the development, its location on the edge of an urbanised area, the limited visual impact and the infrequent nature of visits to the site.

CORPORATE DIRECTOR’S RECOMMENDATION

PERMIT, subject to planning conditions to include the following and as the development does not involve the construction of a building or buildings with a floor space of more than 1,000 square metres and its scale or nature or location, would not have a significant impact on the openness of the Green Belt then the application need not be referred to the Department for Communities and Local Government c/o the Government Office for the West Midlands under the Town and Country Planning (Green Belt) Direction 2005 as a departure from the development plan in Green Belt policy terms:- 1. To define the permission and ensure conformity with plans

2. To define the commencement of development

3. To require notification of commencement of development

4. To require the display of conditions

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5. To ensure that access works are completed prior to the development being

brought into use

6. To prevent deleterious material being brought onto the highway

7. To ensure no raising of ground levels as a result of the development

8. To require details of tree protection measures to be submitted for approval

9. Tree protection measures as approved to comply with BS.5387.2005 ‘Trees in Relation to Construction’ to be installed prior to commencement of construction

10. The materials to be used for the construction of the turning head to ensure a

similar appearance to the crushed stone track (CellWeb or similar)

11. To ensure that the existing right of way is safeguarded and that the surface is reinstated should any works impact on it

12. Any trees or sections of hedgerow removed to be replaced 13. Supplementary tree and hedgerow planting to be provided

14. To ensure that harm to habitats and species is minimised and that ecological

mitigation is provided to include:

• a Method Statement for the construction of the road demonstrating how impacts on habitats and species would be minimised, • pre-commencement surveys for breeding birds and reptiles and measures to protect any breeding sites, • a bat survey prior to any felling or lopping of mature trees, • tree protection measures, • reinstatement of any hedgerow lost, • measures for the protection of other protected species, • habitat enhancement by the strengthening of the local hedgerow network.

15. Provision for the reinstatement of the site in the event that the use ceases

Case Officer: Fiona Fuller - Tel: (01785) 277291 email: fiona.fuller@staffordshire.gov.uk

A list of background papers for this report is available on request and for public inspection at the offices of Development Services Directorate, Riverway, Stafford during normal office

hours Monday to Thursday (8.30 am – 5.00 pm); Friday (8.30 am – 4.30 pm).

Development Control Unit,Development Services,Riverway, Stafford, ST16 3TJTelephone (01785) 223121 Fax (01785) 211279

StaffordshireCounty Council

" This map is reproduced from Ordnance Survey material with the permission of Ordnance Survey on behalf of the controller of Her Majesty's Stationery Office (c)Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Staffordshire County Council. LA.100019422"

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Severn Trent Water, for construction of an access road inconjunction with application SM.07/14/169 W approved 22/11/07, land adjacent to No.44 Clough Lane, Werrington.

SM.08/02/169 W1/10000SJ.932 46826/02/08

Construction of an Access Road in Conjunction with Application SM.07/14/169 W Approved 22/11/07

Construction of an Access Road in Conjunction with Application SM.07/14/169 W Approved 22/11/07

Clough Lane

Clough Lane

Ford Hayes Lane