Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is...

18
Agenda Item No.6 Committee: Regulatory Planning Committee Date: 22 June 2011 Report by: Director of Economy, Transport and Environment on behalf of the South Downs National Park Authority Proposal: Upgrading of wastewater treatment works on land adjoining existing site, including formation of existing access track and local landscaping work. Site Address: Offham Wastewater Treatment Works, The Drove, Offham. Applicant: Southern Water Limited Application No. LW/656/CMS Key Issues: I. Need for the Development in the Countryside II. Effect on the Landscape within the South Downs National Park and the Hamsey (Offham) Conservation Area III. Effect on Residential Amenity IV. Effect on Traffic V. Effect on Biodiversity VI. Effect on Archaeology Contact Officer: Holly Bonds, Tel. No. 01273 481595 ESCC Local Member: Councillor Rosalyn St Pierre SUMMARY OF RECOMMENDATIONS 1. To grant planning permission on behalf of the South Downs National Park Authority subject to conditions as indicated in paragraph 10.1 CONSIDERATION BY DIRECTOR OF ECONOMY, TRANSPORT AND ENVIRONMENT ON BEHALF OF SOUTH DOWNS NATIONAL PARK AUTHORITY 1. The Site and Surroundings 1.1 The application site is located within a sloping agricultural field on the western side of Offham Hill, just east of the village of Offham. It lies 1.3 kilometres north of Lewes. It measures approximately 0.1 hectares, and 25

Transcript of Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is...

Page 1: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

Agenda Item No.6 Committee: Regulatory

Planning Committee

Date: 22 June 2011

Report by: Director of Economy, Transport and Environment on behalf of the South Downs National Park Authority

Proposal: Upgrading of wastewater treatment works on land adjoining existing site, including formation of existing access track and local landscaping work.

Site Address: Offham Wastewater Treatment Works, The Drove, Offham.

Applicant: Southern Water Limited

Application No. LW/656/CMS

Key Issues: I. Need for the Development in the Countryside II. Effect on the Landscape within the South

Downs National Park and the Hamsey (Offham) Conservation Area

III. Effect on Residential Amenity IV. Effect on Traffic V. Effect on Biodiversity VI. Effect on Archaeology

Contact Officer:

Holly Bonds, Tel. No. 01273 481595

ESCC Local Member:

Councillor Rosalyn St Pierre

SUMMARY OF RECOMMENDATIONS 1. To grant planning permission on behalf of the South Downs National Park Authority subject to conditions as indicated in paragraph 10.1 CONSIDERATION BY DIRECTOR OF ECONOMY, TRANSPORT AND ENVIRONMENT ON BEHALF OF SOUTH DOWNS NATIONAL PARK AUTHORITY 1. The Site and Surroundings 1.1 The application site is located within a sloping agricultural field on the western side of Offham Hill, just east of the village of Offham. It lies 1.3 kilometres north of Lewes. It measures approximately 0.1 hectares, and

25

Page 2: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

includes an existing wastewater treatment works compound, together with undeveloped land to the south. The field is used for grazing livestock. 1.2 The site lies within the South Downs National Park and outside the Development Boundary identified by the Lewes District Local Plan. Access is via an existing field gate off The Drove, close to its junction with the A275. The access point lies within the Hamsey (Offham) Conservation Area, with the main part of the site located outside it. St Peter’s Church, a Grade II listed building, and the associated Rectory lie to the south of the site. A number of other residential properties, including a Public House with guest accommodation, lie in close proximity to the site access on the opposite side of the A275. 1.3 The existing wastewater treatment works comprises a rectangular compound of 150 metres², which lies in a small former quarry on the hillside. It contains concrete and brick structures up to about 2 metres high, and a beech hedge and chain-link fence defines its boundaries. A second small former quarry, around 10 metres long and 2 metres deep, lies to the south-east of the compound. An Ash tree lies to the south of the compound, with some smaller lime trees to the east. There are some mature trees close to the field access at The Drove. 2. The Proposal 2.1 It is proposed to construct a new wastewater treatment works (WTW) compound on land to the south-west of the existing compound, together with associated underground pipework, and manholes. It is also proposed to construct a permanent, 180 metres long access track from the existing access point on The Drove to the new compound. The existing WTW compound would be decommissioned, and all equipment and boundary treatment removed. The compound, together with the adjacent former quarry would be reinstated by infilling and landscaping to match the surrounding ground levels, and seeding to return to pasture. 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound of 165 metres² would be formed by a cut and fill operation which would alter the ground levels by up to 2.5 metres. The compound would be largely surfaced with concrete and its boundaries fenced with post and wire fencing, with 2 access gates. It would contain 2 dark green coloured kiosks, the larger one measuring 3.2 metres by 1.2 metres at 1.7 metres high, and several underground items of plant which would have covers slightly above ground level. The new WTW comprises a Submerged Aerated Filter (SAF) plant, installed below ground, with air supplied by blowers housed in one of the kiosks. The second kiosk accommodates electrical equipment to control the process. Treated water from the SAF plant would pass through a new final effluent chamber before connecting to the existing discharge pipe via a new manhole. 2.3 The proposed changes to the site access would involve widening the existing access point at The Drove by 1.4 metres by removing a short section

26

Page 3: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

of brick wall. The proposed access track would pass across the field, largely following the existing ground levels and the existing informal vehicular access route, although some minor levelling would be necessary close to the new compound. The access track would be 3.5 metres wide, and it is proposed to be surfaced using Joosten Ground Stabiliser Plates, which are a plastic, semi-open grid which allows grass to establish and grow through the grid. An 18 metres long hammerhead turning point is proposed to the south of the new compound, which would necessitate a reduction in the existing ground level by about 1 metre. 2.4 A temporary site compound of 250 metres² is proposed on land to the north-west of the existing field access. This would be required for the duration of the construction period and would contain up to 2 portacabins, 2 storage containers, a mobile generator and fuel storage area. On completion of construction, this area would be restored to grassland. 2.5 The applicant anticipates that the construction period will last for 34 weeks, and construction activities would be limited to between 8.00 am and 5.00 pm on weekdays, and 8.00 am and 12.00 noon on Saturdays. During the busiest part of the construction period (which would last for 10 weeks), the applicant anticipates that the typical number of traffic movements would comprise 8 van movements, 8 lorry movements and 2 car movements daily, with 2 concrete deliveries per week. On completion of construction, vehicle movements would be limited to 4 van movements weekly and 2 tanker movements every 6 weeks. 3. Site History 3.1 There is none of relevance to this application. 4. Consultations and Representations 4.1 The planning application has been subject to two rounds of advertisement and public consultation. This is because during its consideration, the applicant amended the scheme to include the removal of the existing WTW compound, and it was necessary to reconsult on these changes. It should be noted that the second public consultation period does not finish until after this Report will be published, but before the Committee meeting. Consequently, any comments which are received after the Report is complete will be reported and considered orally at the Planning Committee meeting. 4.2 Lewes District Council – raises objections. While it is noted that the additional information tries to address some of the concerns and the removal of existing plant and hedge is an improvement to the scheme, the District Council considers that the proposed development is not sensitive to the rural nature of the site, which forms a key viewpoint within the South Downs National Park and Offham Conservation Area. The structures and surfaces associated with the development, including the concrete paths and grasscrete track, would be incongruous features within the landscape and have a

27

Page 4: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

significantly detrimental impact on the natural beauty of the National Park and the setting of the Conservation Area. This would be further exacerbated by the re-contouring of surrounding land, resulting in the loss of this attractive natural feature and having an adverse impact on the landscape. The District Council considers the proposal is therefore contrary to Development Plan Policies and the aims of the National Park. If the County Council is minded to approve the application, the District Council considers it is imperative that conditions are attached to require a landscape impact assessment, landscape management plan and further options with regard to the access track. 4.3 Hamsey Parish Council – no response received to date. 4.4 Highway Authority – raises no objections but advises that the proposed widening of the existing access should be retained following completion of construction. It is recommended that during the construction period, deliveries by large vehicles avoid the morning and evening peak traffic times. 3 conditions are recommended relating to the construction of the new access and provision of suitable wheel washing equipment within the site. 4.5 Environment Agency – raises no objections. 4.6 Public Representations – One letter of objection has been received from a local resident. This notes that the area is known locally as The Knoll, and is an iconic Sussex landscape which has been featured in literature and local press. Concern is raised that the proposed development will have a significant visual impact on the surrounding area, particularly when viewed together with the existing WTW, which has long been a blot on the landscape. The proposals cannot be considered visually acceptable unless the removal of the existing WTW is included in the proposed scheme. Concerns are also raised that during the construction period, the temporary lighting will cause unacceptable light pollution and disturb important local wildlife. Therefore, hours of working should be restricted to remove the necessity for the lighting. It should be noted that since this letter was received, the applicant has amended the proposed scheme by including the removal of the existing WTW compound and reinstatement of the land. No further public comment has been received on the amended proposal to date. 5. The Development Plan and other policies of relevance to this decision are: 5.1 South East Plan 2009: Policies: CC1 (ii) (Sustainable Development), NRM2 (Water Quality).

On the 27 May 2010 the Secretary of State for Communities and Local Government highlighted the Government’s commitment to the intention to rapidly abolish Regional Strategies and return decision making powers on housing and planning to local Councils. On the 6 July 2010 the Secretary of State revoked, with immediate effect, Regional Strategies. However, a High Court decision on the 10 November 2010

28

Page 5: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

found that Regional Strategies could not be revoked in their entirety. The effect of this decision is to re-establish Regional Strategies as part of the development plan and due weight will therefore be given to the South East Plan policies. However, the Government has indicated that it will enact its commitment to abolish Regional Strategies as part of the Localism Bill which began its passage through Parliament in December 2010. The Government’s intention to revoke Regional Strategies is therefore a material consideration in the decision making process.

5.2 East Sussex and Brighton & Hove Waste Local Plan 2006: Policies: WLP1 (f) (The Plan’s Strategy), WLP30 (Wastewater and Sewage Sludge), WLP35 (General Amenity Considerations), WLP36 (Transport Considerations), WLP39 (Design Considerations). 5.3 Lewes District Local Plan 2003: Policies: ST3 (a – f) (Design, Form and Setting of Development), ST11 (Landscaping of Development), CT1 (Planning Boundary), H5 (Development within or affecting Conservation Areas). 5.4 Other documents considered material to the consideration of this application are the Government’s policy set out in Planning Policy Statement (PPS7) - Sustainable Development in Rural Areas, and English National Parks and the Broads – UK Government Vision and Circular 2010 (Defra). 6. Considerations Need for the Development in the Countryside 6.1 Policy CT1 of the Lewes District Local Plan seeks to resist development outside Development Boundaries but allows for (j) essential facilities to meet community or environmental needs for which a rural location is required. Policy WLP30 of the Waste Local Plan supports the provision of new or extended facilities for the treatment of wastewater and sewage sludge where the development is a necessary extension or replacement of existing infrastructure and is (a) required to meet current or prospective environmental standards or regulatory provisions. Policy NRM2 of the South East Plan seeks to maintain and enhance water quality through avoiding adverse effects on the water environment, and ensuring that adequate wastewater and sewerage capacity is provided. 6.2 The village of Offham is wholly outside the Development Boundary, which means any new development would be subject to Policy CT1. The applicant has confirmed that the development is required to upgrade the existing wastewater treatment process in order to meet the requirements of a new discharge consent imposed by the Environment Agency. The new development cannot be accommodated within the existing WTW compound due to restricted space, and the need to maintain wastewater treatment throughout the construction of the new facility. Although the proposal will involve the development of a small, previously undeveloped area of land, it will also involve the removal and restoration of the existing compound. I consider that a need for the development has been demonstrated, and the

29

Page 6: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

scale of development in the countryside is reasonable. Therefore, the proposal accords with Policies CT1 (j) of the Lewes District Local Plan, WLP30 of the Waste Local Plan and NRM2 of the South East Plan. Effect on the Landscape within the South Downs National Park and the Hamsey (Offham) Conservation Area 6.3 The application site is within the South Downs National Park (SDNP) boundary. The two statutory purposes of the SDNP designation are:

• To conserve and enhance the natural beauty, wildlife and cultural heritage of their areas; and

• To promote opportunities for the public understanding and enjoyment of the special qualities of their areas.

If there is a conflict between these two purposes, conservation takes precedence. There is also a duty to foster the economic and social well being of the communities within South Downs National Park in pursuit of these purposes. Government policy relating to National Parks set out in PPS7: Sustainable Development in Rural Areas is that they have the highest status of protection in relation to landscape and scenic beauty. Conservation of the natural beauty of the landscape and countryside must, therefore, be given great weight in development control decisions. The most recent UK Government Vision set out in the 2010 Defra document confirms a renewed focus on achieving National Park Purposes. 6.4 The application site is also partly within the Hamsey (Offham) Conservation Area, and wholly visible from the Conservation Area. The draft Conservation Area Appraisal states that views across the countryside towards the application site are important to the context of the Conservation Area. The draft Appraisal identifies one of the key features which contributes to the special interest of the area, as the setting of the conservation area within the rural landscape. 6.5 Policy CC1 (ii) of the South East Plan and Policies WLP1 (f) and WLP35 (e) of the Waste Local Plan seek to ensure the physical and natural environment is conserved and enhanced, and that harm is not caused to areas of demonstrable landscape importance. Policy ST3 (a, b, f) of the Lewes District Local Plan and Policy WLP39 (a, b) of the Waste Local Plan require development to respect the overall scale, character and topography of the local area; use materials of an appropriate quality, type, colour and design; and not result in the loss of significant public views, or trees or other landscape features which make an important contribution to the character of the area. Policy H5 of the Lewes District Local Plan allows for development within or affecting Conservation Areas only where it (a) conserves or enhances the special architectural or historic character or appearance of the area; and (f) protects open spaces, trees and significant public views. Policy ST11 requires suitable landscaping details to be submitted. 6.6 The development is proposed in a relatively prominent position, in attractive countryside on the edge of the village. It would be clearly visible from the village, although views of the compound from the closest public

30

Page 7: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

viewpoint would be at a distance of around 100 metres. At present, the existing WTW compound is clearly visible from the village, and in my view has an adverse effect on the landscape, presenting an unnatural and intrusive feature largely due to its boundary fencing and hedging and concrete structures. The current proposal would involve the removal of this compound and the reinstatement of the ground to pasture, and the restoration of an adjacent small former quarry, which I consider would be of landscape benefit. 6.7 The provision of the new compound as proposed would have some visual impact. However, I consider that its location close to the bottom of a slope would serve to reduce its impact because it would be viewed against a backdrop of higher ground. The compound is of a relatively small scale and does not contain any large structures; the tallest of the 2 kiosks standing less than 2 metres high. The dark green colour of the kiosks would assist in reducing their visual impact when viewed against the grassed field, and the applicant proposes to treat the concrete hard-standing with a dark-green coloured non-slip surface for the same reason. The precise colours would be the subject of a condition. The proposed post and wire fencing around the compound is considered appropriate in the agricultural landscape, and the precise details of the fencing and gates are the subject of a recommended condition. As the closest public views would be from some distance, subject to the approval of these details I consider on balance that the appearance of the new compound would be an improvement compared to the old compound within the National Park. 6.8 The District Council has raised concern with the proposed changes to the ground level necessary to accommodate the compound and access track. Since these comments were received, the applicant has submitted some further details which demonstrate that the necessary changes would be relatively minor, involving a maximum reduction in the ground level by around 2 metres for the new compound. There would be no alteration to the brow of the hill behind the compound. The unnatural excavations of the existing compound and small quarry would be removed. The applicant anticipates that the majority of the ground level changes would be achieved by a cut and fill operation although it may be necessary to import a small amount of material. Further details of this importation would be required by a recommended condition. 6.9 The applicant has not proposed any new planting to screen the compound. I consider that extensive planting could actually draw attention to the compound, and a hedge would be out of character with this open landscape. However, I consider the provision of some individual trees close to the compound would enhance the character of the landscape, and consequently I have recommended these are required by condition. The proposed reinstatement of the existing compound and quarry would necessitate the removal of some smaller trees and scrub, but the landscape benefit that would be gained by the ground remodelling is considered to outweigh this minor loss, which would be compensated in any event by new tree planting. The application includes appropriate protection measures to

31

Page 8: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

safeguard mature trees adjacent to the existing compound and the field access. 6.10 The applicant has confirmed that the provision of the proposed surfaced access track is necessary to avoid heavy vehicle (tanker) damage to the access route and the potential for the tanker becoming stuck when the ground is wet, and to meet safety standards in allowing the tanker to enter and exit the site in forward gear. The track would largely follow an informal, visible route which vehicles presently take across the field. Existing vehicle access has resulted in some minor damage to the ground-surface, and the provision of the surfaced track as proposed would prevent further damage. The changes in ground level necessary to form the track and turning head would be relatively minor, and would be largely viewed against higher ground to the east. Therefore, providing that the surfacing of the track is largely invisible in the surrounding grassland, which will be discussed further below, the track should have no unacceptable effect on the landscape. Furthermore, I understand that a track in this approximate location is shown on historical Ordnance Survey maps for the area, meaning that the presence of a track is not entirely new. 6.11 The applicant has confirmed that the proposed track surfacing of Joosten Plates has been chosen in preference to other “grasscrete” type surfacings due to its ease of installation, minimal visual intrusion, and suitability for a field used by grazing livestock. The applicant has advised that when the Plates are properly installed, the change in the appearance of the roadway should be minimal. The Joosten Plates would be laid with a suitable amount of topsoil on a suitable sub-base, then turf would be rolled over the top, filling the voids in the Plates with tightly fitting turf. The surface would then be regularly watered and cared for until the grass is established, after which point the applicant has advised the grass/ system should not need special care. 6.12 I understand that the grass on these types of ground surfaces has a greater chance of establishing well if the vehicle use of them is light. The access track would be trafficked only lightly by Southern Water vehicles, and while the landowner would also use the track for access, including potentially with agricultural vehicles, the frequency of this is unlikely to be considerable. The applicant has provided examples of other recent developments within the South East where it has used Joosten Plates with success. In this location, I consider that the use of Joosten Plates should be acceptable, however, given the sensitive nature of the landscape, I have recommended a condition to require the final details of the surfacing to be agreed, and appropriate maintenance measures to be submitted for approval. 6.13 The proposed widening of the existing field access point at The Drove would necessitate the removal of a 1 metre length of an existing brick and flint wall and the construction of a new dropped kerb to meet Highway Authority requirements. The existing metal field gate would be retained and a Parish Council notice board would be replaced. The wall has clearly been damaged in the past at the point it is proposed to be altered, and providing appropriate

32

Page 9: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

bricks are used in its reconstruction, as required by a recommended condition, I consider this minor alteration would have no adverse effect on the Conservation Area. 6.14 The need for this development has been demonstrated above. Subject to approval of the details required by the recommended conditions, I consider that this whole proposal involving the removal of the current intrusive WTW and the provision of a less prominent WTW will enhance the landscape within the South Downs National Park, and there will be no adverse effect on Offham Conservation Area. The development is sufficiently separated from St Peter’s Church to the south to have no adverse impact on the setting of the listed building. While the District Council’s concerns are noted, it is considered that the attached conditions will largely address these concerns, and a formal Landscape Impact Assessment is not necessary. It is considered that the proposal accords with the statutory purposes of the South Downs National Park designation, and the Development Plan policies – Policies CC1 (ii) of the South East Plan, Policies WLP1 (f), WLP35 (e) and WLP39 (a, b) of the Waste Local Plan, and Policies ST3 (a, b, f), ST11 and H5 (a, f) of the Lewes District Local Plan. Effect on Residential Amenity 6.15 Policy WLP35 (b, c) of the Waste Local Plan and Policy ST3 (c, d) of the Lewes District Local Plan seek to protect amenity and ensure that adequate means of controlling noise, dust, litter, odours and other emissions are secured. 6.16 The proposal would involve the relocation of the WTW on land closer to the nearest residential property, The Rectory. The existing site is around 80 metres from the house, whereas the new site would be separated from the house by 45 metres. At its closest point the proposed access road would lie within 10 metres of the house, in around the same position as the existing informal access route. 6.17 During the construction period, which is proposed to last for 34 weeks, local residents may experience some disturbance from noise, traffic and lighting. Construction activities, including the construction compound, may have some temporary adverse visual impact which may be visible from some properties. However, providing the construction hours are limited to normal hours as proposed, there should be no unacceptable effect on amenity. The applicant has confirmed that there would be no need to use a generator or lighting in the construction compound outside of working hours, and I have recommended a condition to control this. The applicant has confirmed that a Health & Safety Environmental Management Plan (HASEMP) would be prepared to ensure that the potential environmental impacts of construction practises, including dust, are appropriately managed and minimised on site, and I have recommended a condition to require this document to be submitted for approval.

33

Page 10: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

6.18 On completion of construction, the applicant has confirmed that there should be no adverse effects on amenity from odour or noise. I understand that the existing WTW has an open trickling filter, which is not usually odorous although some odours might be noticeable nearby depending on flow and conditions. Notwithstanding this, I am not aware of any history of odour complaints. The proposed system would be accommodated within units which are fully covered, and are kept aerobic by the proposed blowers, preventing anaerobic conditions and ensuring odours are kept to a minimum. The applicant has confirmed these systems have been used at a number of locations and is therefore confident that odour would not be a problem. Consequently, although the WTW would be brought closer to the nearest residential property, the potential for odour should actually be reduced. However, to ensure that odour does not become a problem I have recommended a condition to require the submission of an odour management scheme including details of the site management arrangements that are to apply to operations on the site to prevent odour levels giving rise to public complaint. 6.19 In terms of noise, the applicant has confirmed that the only part of the proposed development which has the potential to generate noise is the blowers, which would be housed in an attenuated kiosk. At the boundary of the nearest property, the noise from the blowers would be less than 17 decibels. I understand that this is extremely low, and would not be audible at the property. World Health Organisation guidance states that a noise level below 30 decibels would be expected to have no effects on sleep, and consequently, a level of 17 decibels is far below this and should cause no problems. The only other noise-generating activity would be from traffic travelling to and from the site along the access road. Given the low frequency of the applicant’s vehicle movements (detailed in paragraph 2.5 above), and the existing use of the field for access, together with the A275 which passes through the village, I do not consider that this would have any unacceptable effect on amenity. 6.20 Subject to the recommended conditions, the proposed development should have no adverse effect on residential amenity and accords with Policy WLP35 (b, c) of the Waste Local Plan and Policy ST3 (c, d) of the Lewes District Local Plan. Effect on Traffic 6.21 Policy WLP36 of the Waste Local Plan and Policy ST3 (d, e) of the Lewes District Local Plan seek to ensure development has no adverse effect on traffic conditions in terms of access arrangements, traffic levels, preventing safety hazards for other road users, congestion and parking, and on site manoeuvring and parking areas. 6.22 The number of daily vehicle movements associated with the construction period is not considered significant, and the Highway Authority has confirmed it has no objection to the proposed level of traffic. However, the Highway Authority has recommended that deliveries by large vehicles avoid

34

Page 11: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

the morning and evening peak traffic times. The applicant has confirmed that deliveries could be staggered to avoid peak hours, and that this requirement would be stipulated in the HASEMP. Parking for construction vehicles would be provided within the construction compound and consequently there should be no adverse effect on parking provision in local roads. The Highway Authority has proposed conditions relating to the construction of the access and wheel washing facilities. 6.23 Consequently, subject to the recommended conditions, the proposed development should have no adverse effect on traffic conditions and therefore accords with Policy WLP36 of the Waste Local Plan and Policy ST3 (d, e) of the Lewes District Local Plan. Effect on Biodiversity 6.24 Policies WLP1 (f) and WLP35 (e) of the Waste Local Plan seek to protect features of ecological importance. The applicant has submitted an Ecological Appraisal which confirms the existing WTW site is within an area heavily used as a pasture, does not support any habitats of ecological significance, and the development is unlikely to impact on protected species. The appraisal recommends that impacts to mature trees are avoided in order to prevent disturbance to bats, and that prior to construction the site is further checked for badger setts in case a sett has become established since the original survey. As noted above, the proposal includes the protection and retention of the mature trees likely to be affected by construction, and does not involve the removal of any mature trees. The applicant’s ecologist has identified the need to ensure that development is carried out in accordance with the requirements of the Wildlife and Countryside Act and other relevant Acts, and I have recommended an informative to remind the applicant of these legal requirements. Consequently, given the protection offered by other legislation I do not consider any further planning controls are necessary. 6.25 Concern has been raised by a local resident regarding the potential for lighting used during the construction period to impact on bats and other protected species. The applicant has confirmed that a maximum of 3 mobile lighting posts would be used, angled downwards and fully shaded to minimise upward light spill. This lighting would only be used when necessary during construction hours and would not be left on overnight. On completion of the development there would be no external lighting. As the lighting would only be used for a temporary period, during limited hours, and has been designed to minimise light-spill, I do not consider there would be any unacceptable effect on bats or other protected species. 6.26 The development should result in an improved discharge from the WTW, which would have a positive effect on local water environments. The new tree planting would provide a further ecological enhancement. Consequently, the proposal accords with Policies WLP1 (f) and WLP35 (e) of the Waste Local Plan. In addition, again the first purpose of the South Downs National Park is satisfied.

35

Page 12: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

Effect on Archaeology 6.27 Policies WLP1 (f) and WLP35 (e) of the Waste Local Plan seek to protect areas of archaeological importance. The application site is partially situated within an Archaeological Notification Area defining the medieval and post-medieval hamlet of Offham. Local records also indicate WW2 military remains in the field. Consequently, in order to ensure that any items of historical interest unearthed by the proposed development are recorded, I have recommended a condition to require a programme of archaeological work. This should ensure the proposal accords with Policies WLP1 (f) and WLP35 (e) in terms of protecting archaeology. 7. Conclusion and reasons for approval 7.1 In accordance with Section 38 of the Planning and Compulsory Purchase Act 2004 the decision on this application should be taken in accordance with the development plan unless material considerations indicate otherwise. 7.2 The proposed development is necessary to enable the sewage treatment system for the village to meet the requirements of a new discharge consent imposed by the Environment Agency. It should therefore have a positive impact on the local water environment. 7.3 The proposal involves the removal of an existing wastewater treatment works compound, which is currently considered to have an adverse effect on the landscape within the South Downs National Park. The removal of this compound, together with a small quarry and their restoration to form part of the pasture will have a beneficial effect on the landscape. The proposed new wastewater treatment works will be less prominent than the existing facility. Subject to the recommended conditions, on balance it is considered that the whole proposal will enhance the landscape within the South Downs National Park. There will be no adverse effect on Offham Conservation Area or St Peter’s Church Listed Building. The recommended conditions should also ensure the proposal has no adverse effect on residential amenity, traffic conditions, biodiversity or archaeology. 7.4 The proposal accords with the two statutory purposes of the South Downs National Park designation. The proposal complies with development plan Policies CC1 (ii) and NRM2 of the South East Plan 2009, Policies WLP1 (f), WLP30, WLP35, WLP36 and WLP39 of the East Sussex and Brighton & Hove Waste Local Plan 2006, and Policies ST3 (a – f), ST11, CT1 and H5 of the Lewes District Local Plan 2003. 7.5 There are no other material considerations and the decision should be taken in accordance with the development plan.

36

Page 13: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

8. Crime and Disorder Implications 8.1 It is considered that the proposal does not raise any crime and disorder implications. 9. Human Rights Implications 9.1 This planning application has been considered in light of statute and case law and any interference with an individual’s human rights is considered to be proportionate to the aims sought to be realised. 10. Recommendation 10.1 To recommend the Planning Committee to grant planning permission on behalf of the South Downs National Park Authority subject to the following conditions:- 1. The development hereby permitted shall be commenced 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 1990. 2. The development hereby permitted shall be carried out in accordance

with the plans listed in the Schedule of Approved Plans. Reason: For the avoidance of doubt and in the interests of proper

planning. 3. No development shall take place until a programme of archaeological

work in accordance with a written scheme of investigation, including a timetable for implementation, has been submitted to and approved in writing by the Director of Economy, Transport and Environment. The development shall be carried out in accordance with the approved programme which shall be implemented in full.

Reason: In order to provide a reasonable opportunity to record the

history of the site, as the development is likely to disturb remains of archaeological interest, in accordance with Policy WLP35 (e) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

4. The reconstructed access shall be in the position shown on the

submitted plan (ref. AB.5500088.0Z0703E) and laid out and constructed in accordance with the attached HT407 form/diagram and all works undertaken shall be executed and completed by the applicant to the satisfaction of the Director of Economy, Transport & Environment prior to the commencement of the works approved.

Reason: To ensure the safety of persons and vehicles entering and

leaving the access and proceeding along the highway, and to comply

37

Page 14: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

with Policy WLP36 (a) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

5. The reconstructed access shall be constructed with maximum gradients

that have been agreed by the Director of Economy, Transport & Environment.

Reason: To ensure the safety of persons and vehicles using the access

and/or proceeding along the highway, and to comply with Policy WLP36 (a) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

6. Development shall not commence until details of wheel washing facilities

have been submitted to and approved in writing by the Director of Economy, Transport and Environment. The approved details shall be implemented in full before the commencement of development and the facilities shall be maintained in working order during the construction period and shall be used by any vehicle carrying mud, dust or other debris on its wheels before leaving the site. No vehicle associated with the development shall leave the site carrying mud, dust or debris.

Reason: In the interests of highway safety and the amenity of the locality,

and to comply with Policy WLP36 (b) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

7. No machinery shall be operated, no process shall be carried out and no

deliveries taken to or despatched from the site other than between the hours of 08.00 and 17.00 on Mondays to Fridays inclusive and between 08.00 and 12.00 on Saturdays, and not at any time on Sundays, Bank and Public Holidays.

Reason: To safeguard the amenity of the occupiers of properties in the

vicinity of the site and to comply with Policy WLP35 (b) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

8. No lighting and no powered generators associated with the construction

shall be operated outside the permitted operating hours set out in condition 7.

Reason: To safeguard the amenity of the occupiers of properties in the

vicinity of the site and to comply with Policy WLP35 (b) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

9. Prior to the commencement of development, full details or samples of the

following items shall be submitted to and approved in writing by the Director of Economy, Transport and Environment:

I. The colour of the Blower Kiosk and Control Kiosk 2. The colour of the plastic covers of the submerged aerated filter plant 3. The colour of the finish of the concrete surfaces

38

Page 15: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

4. The design, materials, dimensions and colour of the fencing and gates to the compound

5. The materials, including brickwork, to be used in the reconstruction of the wall adjacent to the field access.

Development shall be carried out in accordance with the approved

details. Reason: To ensure the appropriate appearance of the development in

the South Downs National Park and to comply with Policy WLP35 (a, e) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

10. Notwithstanding the details in the application, development shall not

commence until full details of the construction of the access road and a scheme for its future maintenance, including details of maintenance responsibilities, have been submitted to and approved in writing by the Director of Economy, Transport & Environment. The development shall be carried out in accordance with the approved details which shall be implemented in full.

Reason: In the interests of visual amenity and the protection of the

landscape within the South Downs National Park, and to comply with Policy WLP35 (a, e) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

11. The existing above-ground wastewater treatment works compound shall

be completely removed and the land restored to a grassed pasture, and the quarry area to the east of the new compound shall also be regraded and reinstated to a grassed pasture, in full accordance with the approved drawings and the following details, which shall first be submitted to and approved in writing by the Director of Economy, Transport & Environment:

- Details of a chalk grassland seed mix to be used in the re-seeding of

affected areas - Full details of materials to be re-used in the reinstatement, including the

method and location of storage for any topsoil and subsoil to be re-used - Full details of any materials to be imported to the site for use in the

reinstatement (including the type of material and quantity to be imported) - Timescale for completion. All filled areas shall be graded to meet the existing, adjacent natural

ground levels. Reason: To ensure the appropriate appearance of the development

within the landscape of the South Downs National Park, and to comply with Policy WLP35 (a, e) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

39

Page 16: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

12. Prior to the commencement of development, details of a minimum of 3 no. trees to be planted on land within or adjacent to the new compound shall be submitted to and approved in writing by the Director of Economy, Transport & Environment. The details shall include the positions, sizes and species of the trees, and the proposed method of protection from grazing stock. The trees shall be planted in accordance with the approved details in the first available planting season following completion of the construction.

Reason: To integrate the development into the landscape within the

South Downs National Park and to comply with Policy WLP35 (a, e) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

13. Any trees, shrubs or hedges on the site which within a period of five

years from the occupation of the development are removed uprooted or destroyed or which become seriously damaged or diseased or die shall be replaced in the next planting season with others of similar size and species, unless the Director of Economy, Transport and Environment gives prior written consent to any variation.

Reason: To ensure for the proper integration of the development into the

site in the South Downs National Park and to comply with Policy WLP35 (a, e) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

14. No development shall take place until details of an Odour Management

Scheme for the site have been submitted to and approved in writing by the Director of Economy, Transport and Environment. The submitted scheme shall indicate the site management arrangements that are to apply to operations on the site to prevent odour levels giving rise to public complaint. Details of the operator's contact number, including an out of hours contact number shall also be provided so that officers and/or members of the public can inform the site operators of any odour nuisance at any time. Operation of the development hereby approved shall be carried out in accordance with the approved Odour Management Scheme, and the Director of Economy, Transport & Environment shall be notified of any public complaints relating to odour within 5 working days of their receipt by the applicant.

Reason: In the interests of protecting residential amenity and to comply

with Policy WLP35 (b, c) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

15. No development shall take place until details of the Health and Safety

Environmental Management Plan (HASEMP) for the site's construction have been submitted to and approved in writing by the Director of Economy, Transport & Environment. Construction of the development shall be carried out in accordance with the approved details.

40

Page 17: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

Reason: In the interests of protecting the amenity of the occupiers of properties in the vicinity of the site and to comply with Policy WLP35 (b) of the East Sussex and Brighton & Hove Waste Local Plan 2006.

INFORMATIVES 1. The Applicant's attention is drawn to the provisions of:- The Badgers Act 1992 (Protection of badger setts). The Wildlife and Countryside Act 1981 (Protection of certain wild animals

in particular bats, nesting birds). 2. The applicant is advised that deliveries by large vehicles during the

construction period should not take place during the morning and evening peak traffic periods (8.00 am to 9.00 am and 4.00 pm to 5.00 pm).

Schedule of Approved Plans Supporting Statement, Design and Access Statement, AB.5500088.0Z0704C - Blower Kiosk Details, AB.5500088.0Z0705C - Control Kiosk Details, AB.5500088.0Z0708D - Planning Sections, AB.5500088.0Z0706C - Site Access, AB.5500088.0Z0707B - General Arrangement of Treatment Unit, Preliminary Ecological Appraisal, AB.5500088.0Z0703E - Site Layout Plan, AB.5500088.0Z0710A - Tree Protection Details, AB.5500088.0Z0709B - Hammerhead Sections, AB.5500088.1C0008A - Demolition and Reinstatements Sections, AB.5500088.1C0007A - Demolition and Reinstatements Plan RUPERT CLUBB Director of Economy, Transport & Environment 14 June 2011 BACKGROUND DOCUMENTS Planning Policy Statement 7 (PPS7) Sustainable Development in Rural Areas (2004) English National Parks and the Broads – UK Government Vision and Circular 2010 South East Plan 2009 East Sussex and Brighton & Hove Waste Local Plan 2006 Lewes District Local Plan 2003 Draft Conservation Area Appraisal: Hamsey (Offham) (Lewes District Council, 2009).

41

Page 18: Agenda Item No.6 Regulatory Planning Committee 22 June ......2011/06/22  · 2.2 The new WTW is proposed on gently sloping ground at the base of a low hill. A level, rectangular compound

St Peter's Church

Sewage Works

El Sub Sta

Rectory

26.7m

39.2m

Shelter

Path (um)

TCB

Studio

Forge

April Cottage

A 275

Coppins

Cottage

Forge

LB

Toll

11

10

12

2

7

4

Path (um)

Cottage

LW/656/CMS

Scale 1:Rupert ClubbBEng (Hons) CEng MICEDirector, Transport and EnvironmentEast Sussex County Council

Reproduced from the Ordnance Survey mapping with thepermission of the Controller of Her Majesty's Stationery Office © Crown Copyright. Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings.East Sussex County Council, 100019601, 2007

Scale 1:1250Rupert ClubbBEng (Hons) CEng MICEDirector, Economy, Transport and EnvironmentEast Sussex County Council

Reproduced from the Ordnance Survey mapping withthe permission of the Controller of Her Majesty'sStationery Office © Crown Copyright.Unauthorised reproduction infringes Crown copyrightand may lead to prosecution or civil proceedings.East Sussex County Council, 100019601, 2011

Scale 1:25000

Site

Note:Whole area is within the South Downs National Park

Borrow-pit to be restored to grazing

Approximate location of proposed new WTW compound

Offham Conservation Area

Location Plan

A275 St Peter's ChurchThe Drove

Rectory

Existing WTW compound to be removed

Proposed new access road

42