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Agenda item
Buckshole Reservoir, Alexandra Park (HS/FA/20/00667)
Minutes:
Proposal
Engineering works to improve the safety of Buckshole Reservoir, Alexandra Park, St Helens Road, Hastings
Application No
HS/FA/20/00667
Conservation Area
No
Listed Building
No
Public Consultation
Yes – Council application on Council owned land
The Planning and Assistant Conservation Officer presented the application for engineering works to improve the safety of Buckshole Reservoir.
The Committee were informed that since publication of the agenda the County Ecologist provided advice and suggested conditions (nos. 14 and 15) and an informative note (no. 7).
Buckshole Reservoir is located in the North West corner of Alexandra Park. The works entail installation of a large 4 metre wide concrete spillway channel extending downstream and the installation of siphon pipework. The works will allow the reservoir to meet modern safety standards. It is proposed that the concrete be formed and texturised to make it look like natural stone.
There has been some significant concern about this level of development in the park and several conditions will need to be satisfied to address those concerns following comments from the County Ecologist and Borough Arboriculture Officer.
Councillors were shown plans, photographs and elevations of the application site.
It was confirmed that work to remove trees is intended to start before the bird nesting season begins. East Sussex Highways have been consulted and are satisfied with the safety of the proposals for heavy goods vehicle access to the site.
The Planning Services Manager clarified that there was concern about the appearance of the spillway. Historic England recognised the importance of the works for public safety but have made clear their preferences for the aesthetic of the spillway. The applicant has made clear their intention to proceed with a textured concrete finish as the costs associated with any other option are prohibitive.
The Planning Services Manager informed the Committee that conditions 5 and 6 need to be amended to clarify that the area should be restored to its former state once the development is completed.
The Planning and Assistant Conservation Officer confirmed that it is not clear to what extent the spillway will be visible and without a proposed planting scheme a determination cannot be made about its visibility to the public.
Tthe Committee were advised that the applicant would likely proceed with a textured concrete finish to the spillway and if this was not acceptable an informative note could be added to make this clear. The Planning Services Manager suggested the following wording for the additional informative (informative note no. 8):
The Applicant is advised that a textured concrete finish to the spillway will not be acceptable.
Councillor Davies proposed accepting informative note 8, seconded by Councillor Marlow-Eastwood. Resolved (by 5 for, 3 against, with 2 abstentions) that informative note no. 8 be added to the proposal.
Councillors debated the proposal including amended conditions (nos. 5 and 6), additional conditions (nos. 14, 15 and 16) and additional informatives (nos. 7 and 8).
Councillor Roberts proposed a motion, seconded by Councillor Bishop, to approve the planning application, subject to the amendment of conditions 5 and 6; the addition of conditions 14, 15, 16; and informative notes 7 and 8.
RESOLVED (unanimously) – that full planning permission be granted subject to the following conditions:
1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
2. The development hereby permitted shall be carried out in accordance with the following approved plans:
P1320-901 B, P1320-902 B P1320-903 B, P1320-911 A and P1320-912 A
3. Prior to commencement of the works hereby approved, the proposed new accesses shall be in the positions shown on the submitted plan Appendix B of the Construction Traffic Management Plan and laid out and constructed in accordance with the diagrams below and all works undertaken shall be executed and completed by the applicant to the satisfaction of the Local Planning Authority, prior to the commencement of development.
4. The accesses shall not be used until visibility splays of 2.4m by 43m are provided in both directions and maintained thereafter.
5. The works shall not commence until a parking area has been provided in accordance with the approved plan Appendix B of the Construction Traffic Management Plan and the area shall be restored to its former state once the development hereby approved is completed.
6. The works shall not commence until a turning space for vehicles has been provided and constructed in accordance with the approved plans Appendix B of the Construction Traffic Management Plan and the turning space shall be restored to its former state once the development hereby approved is completed.
7. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of soft landscaping, which shall include indications of all existing trees and hedgerows on the land including details of those to be retained, together with measures for their protection in the course of development. New soft landscaping details shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate together with an implementation programme.
8. If within a period of five years from the date of the planting of any tree that tree, or any tree planted in replacement for it, is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Local Planning Authority, seriously damaged or defective, another tree of the same species and size as that originally planted shall be planted at the same location
9. No works to install the concrete slipway shall take place until full details of all proposed tree planting, and the proposed times of planting, have been approved in writing by the Local Planning Authority, and all tree planting shall be carried out in accordance with those details and at those times.
10. No development shall take place until temporary protective fences to safeguard the trees and/or hedges to be retained on the site have been erected in accordance with the current BSI 5837 standards and to the satisfaction of the Local Planning Authority. All such fences shall be kept in a sound, upright and complete condition until the development has been completed and/or the Local Planning Authority confirm in writing that the works have been sufficiently completed for the fencing to be removed.
11. All Arboricultural measures and/or works shall be carried out in accordance with the details contained in Arboricultural Report dated July 2020 as already submitted with the planning application and agreed in principle with the County Planning Authority prior to determination. These works shall be carried out and completed prior to use of the spillway.
12. Prior to commencement of development, details including plans and elevations, shall be submitted to and approved in writing to clearly demonstrate what elements of the outer wall of the spillway, hereby approved, will have a textured finish. The details shall also set out what the textured finish will comprise in terms of materials and design. The textured finish shall be applied to the spillway in accordance these approved details within 2 months of the date that the spillway is otherwise substantially completed and thereafter retained and maintained. This condition should be read in conjunction with Informative Note no. 8.
13. The works required to carry out the development allowed by this permission must only be carried out within the following times:-
08.00 - 20:00 Monday to Saturday
No working on Sundays or Public Holidays.14. No works which include the creation of trenches or culverts or the presence of pipes shall commence until measures to protect badgers from being trapped in open excavations and/or pipe and culverts are submitted to and approved in writing by the local planning authority. The measures may include:
a) creation of sloping escape ramps for badgers, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day, and
b) open pipeworks greater than 150 mm outside diameter being blanked off at the end of each working day.15. No development shall take place until an ecological design strategy (EDS) addressing protection of the ancient woodland, mitigation for the loss of habitat through appropriate native scrub planting and wildflower seeding, and enhancement of the site for biodiversity through additional native planting, the provision of bat, bird and insect boxes, and the management of retained and created habitats for biodiversity has been submitted to and approved in writing by the local planning authority. The EDS shall include the following:
a) purpose and conservation objectives for the proposed works;
b) review of site potential and constraints;
c) detailed design(s) and/or working method(s) to achieve stated objectives;
d) extent and location /area of proposed works on appropriate scale maps and plans;
e) type and source of materials to be used where appropriate, e.g. native species of local provenance;
f) timetable for implementation demonstrating that works are aligned with the proposed phasing of development;
g) persons responsible for implementing the works;
h) details of initial aftercare and long-term maintenance;
i) details for monitoring and remedial measures;
j) details for disposal of any wastes arising from works.
The EDS shall be implemented in accordance with the approved details and all features shall be retained in that manner thereafter.
16. Prior to commencement of development, details shall be submitted to and approved in writing by the Local Planning Authority to demonstrate how vehicular traffic will access the site during weekdays, evenings and weekends and the continued management of the site and its access. Details shall include wheel washing facilities on site.
Reasons:
1. This condition is imposed in accordance with the provisions of Section 91 of the Town and Country Planning Act 1990.
2. For the avoidance of doubt and in the interests of proper planning.
3. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway
4. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway
5. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway
6. To ensure the safety of persons and vehicles entering and leaving the access and proceeding along the highway
7. To ensure the character and appearance of a Grade II* Registered Park is maintained and the planting mitigates the impact of the development.
8. To ensure the character and appearance of the Grade II* Registered Park is maintained and any subsequent loss is compensated.
9. To ensure the character, appearance and bio-diversity of a Grade II* Registered Park and Garden is maintained.
10. To ensure that existing trees are adequately protected
11. To ensure the works commencing reflect the details submitted within this approval.
12. In order to reduce the degree of harm caused by the spillway on the registered Grade II* listed park.
13. To safeguard the amenity of adjoining residents.
14. To ensure badgers are not trapped or harmed on site, to prevent delays to site operation and to avoid an offence under the Protection of Badgers Act 1992.
15. To ensure that any adverse environmental impacts of development activities can be mitigated, compensated and restored and that the proposed design, specification and implementation can demonstrate this, and to provide a net gain for biodiversity as required by Section 40 of the Natural Environment and Rural Communities Act 2006, and paragraphs 170 and 175 of the Natural Planning Policy.
16. In order to secure a well planned development that functions well.
Notes to the Applicant
1. Failure to comply with any condition imposed on this permission may result in enforcement action without further warning.
2. The applicant will be required to obtain a permit for any highway works in accordance with the requirements of the Traffic Management Act, 2004. The applicant should contact East Sussex Highways (0345 60 80 193) to commence this process. The applicant is advised that it is an offence to undertake any works within the highway prior to the permit being in place.
3. The applicant will be required to enter into a Section 184 Licence with East Sussex Highways, for the provision of a new/reconstructed vehicular access. The applicant is requested to contact East Sussex Highways (0345 60 80 193) to commence this process. The applicant is advised that it is an offence to undertake any works within the highway prior to the licence being in place.
4. Flood Risk Activity Permit
The Environmental Permitting (England and Wales) Regulations 2016 require a permit or exemption to be obtained for any activities which will take place:
- on or within 8 metres of a main river (16 metres if tidal)
- on or within 8 metres of a flood defence structure or culverted main river (16 metres if tidal)
- on or within 16 metres of a sea defence
- involving quarrying or excavation within 16 metres of any main river, flood defence (including a remote defence) or culvert
- in a floodplain more than 8 metres from the river bank, culvert or flood defence structure (16 metres if it’s a tidal main river) and you don’t already have planning permission
5. All trees produced abroad but purchased for transplanting shall spend at least one full growing season on a UK nursery and be subjected to a pest and disease control programme. Evidence of this control programme, together with an audit trail of when imported trees where needed and their origin and how long they have been in the nursery will be supplied to the County Planning Authority prior to the commencement of any tree planting. This informative is in the interest of biosecurity, to minimise the risks of pests and diseases being imported into the UK and introduced into the environment.
6. Statement of positive engagement: In dealing with this application Hastings Borough Council has actively sought to work with the applicant in a positive and proactive manner, in accordance with paragraph 38 of the National Planning Policy Framework.
7. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use of being built. Planning consent for a development does not provide a defence against prosecution under this act.
Trees and scrub are likely to contain nesting birds between 01 March and 31 August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates, unless a recent survey has been undertaken by a competent ecologist to assess the nesting bird activity on site during this period and has shown it is absolutely certain that nesting birds are not present.
8. The Applicant is advised that a textured concrete finish to the spillway will not be acceptable.
The Chair adjourned the meeting at 8.02pm and the meeting reconvened at 8.10pm.
Supporting documents:
- MAP_HS_FA_20_00667 Buckshole, item 239b PDF 269 KB
- HS-FA-20-00667 Buckshole Reservoir, item 239b PDF 133 KB
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