Agenda item

The Committee considered a County Matter planning application for the proposed installation of a new terminal pumping station incorporating a pumped storm overflow, to replace the existing pumping station at New Street in Upton-upon-Severn, to improve capacity and flood resilience on land to the south of New Street, Upton-upon-Severn, Worcestershire.

 

The report set out the background of the proposal, the proposal itself, the relevant planning policy and details of the site, consultations and representations.

 

The report set out the Head of Strategic Infrastructure and Economy’s comments in relation to the need for the development, location of the development, residential amenity, visual impact and landscape character, historic environment, ecology and biodiversity, water environment, Highways Safety and Public Right of Way, and other matters - Minerals.

 

The Head of Strategic Infrastructure and Economy concluded that the proposal would accord with the Development Plan in terms of the need for and location of the development, residential amenity and landscape character, traffic, highways safety and Public Right of Ways and minerals, subject to the imposition of relevant conditions. A key consideration related to impact of the development on the Upton-upon-Severn Conservation Area and associated heritage assets. In this regard, the Head of Strategic Infrastructure and Economy considered that the mitigation to the site design provided by the applicant and recommended to be secured by condition, and the substantial public benefits that this development would provide, outweighed the less than substantial harm to the heritage assets. In view of this, it was considered that the proposed development would not have an unacceptable impact upon the historic environment, in accordance with relevant historic environment legislation and policies. 

 

With regard to impact upon ecology and biodiversity at the site and in the surrounding area, it was noted that the application site was over 34 kilometres upstream of the Severn Estuary SPA and SAC which were European sites. The site was also notified as a Ramsar Site (of international importance) and at a national level as the Upper Severn SSSI. Due to the nature and location of proposed project, the Head of Strategic Infrastructure and Economy considered that the proposal was hydrologically connected to this European designated site and, therefore, had the potential to affect its interest features. In view of this, it fell to the County Planning Authority, as the competent authority to undertake an HRA screening to determine if this proposed project might affect the protected features of a habitats site before deciding whether to undertake, permit or authorise it.

 

The County Planning Authority had undertaken an HRA screening, which concluded that having taken Natural England’s comments into account, the project would not be likely to have a significant effect on any European site, either alone or in combination with any other project or plan (in light of the definition of these terms in the European Court of Justice Case C-127/02 (the ‘Waddenzee’ judgement)) and, therefore, an appropriate assessment was not required in this instance. In reaching this conclusion, the County Planning Authority took no account of measures intended to avoid or reduce the potentially harmful effects of the project in accordance with the People Over Wind and Sweetman ruling (Case C-323/17). In view of this, and based on the advice of Natural England, Worcestershire Wildlife Trust and the County Ecologist, it was considered that, subject to the imposition of appropriate conditions, the proposal would not have an unacceptable adverse impact on ecology and biodiversity at the site or on the surrounding area.

 

In view of the above, and taking in to account the provisions of the Development Plan and in particular Policies WCS 1, WCS 3, WCS 6, WCS 8, WCS 9, WCS 10, WSC11, WCS 12, WCS 14 and WCS 15 of the Worcestershire Waste Core Strategy and Policies SWDP 1, SWDP 2, SWDP 4, SWDP 5, SWDP 6, SWDP 7, SWDP 21, SWDP 22, SWDP 24, SWDP 25, SWDP 28, SWDP 29, SWDP 30, SWDP 31 and SWDP 32 of the South Worcestershire Development Plan, it was considered the proposal would not cause demonstrable harm to the interests intended to be protected by these policies or highway safety.

 

The representative of the Head of Strategic Infrastructure and Economy commented at the meeting that the Conservation Officer had expressed concern about the concrete hardstanding, the green sheet piling and the nature and type of the railings. In view of this, the applicant had agreed to a grasscrete or similar surface and to paint the hand railings black. The Conservation Officer had been reconsulted but no comments had been received to date. 

 

Caroline Morris and Stephen Hutton, the agents acting on behalf of the applicant were available to answer any technical questions but none were forthcoming from members.

 

In the ensuing debate, the following points were raised:

 

·         The local councillor commented that he supported the application given the importance of water management in Upton-on-Severn. However, there were concerns about the austere appearance of the application and he requested that the Committee did all it could to mitigate the impact on the landscape and the Conservation Area. Any planting should be properly maintained by the applicant in the long term and should be of a hedge style rather than tree style because of the visual impact. Steven Aldridge responded that condition k) referred to a 5 year planting maintenance period. In relation to the softening of the visual impact, officers had considered other options but all suggestions would have led to an increase in the size of the footprint of the site within the Conservation Area

·         Would there be any noise emissions from the pumping station? Steven Aldridge responded that the key elements of the pumping station would be buried below ground and therefore it was not expected to cause a noise issue. In addition, Worcestershire Regulatory Services had been consulted and raised no objections

·         It had been necessary to expand housing development into greenfield sites and consequently this application was proposed to be located in a Conservation area. Steven Aldridge commented that the applicant had looked at alternative locations but there were limited options in Upton which did not either take up car parking spaces or recreation space. It was therefore determined that this was the most appropriate site available. The technology for the pumping station was gravity based and therefore this application needed to be in close proximity to the existing pumping station.

 

RESOLVED that planning permission be granted for the proposed installation of a new terminal pumping station incorporating a pumped storm overflow, to replace the existing pumping station at New Street in Upton-upon-Severn, to improve capacity and flood resilience on land to the south of New Street, Upton-upon-Severn, Worcestershire, subject to the following conditions:

 

Commencement

a)    The development must be begun no later than the expiration of three years beginning with the date of this permission;

 

Details

b)   The development hereby permitted shall be carried out in accordance with the details shown on the following submitted Drawings Numbered: A6S-11881-001, Rev 03; A6S/11881-PA00100, Rev A; A6S/11881-PA00101, Rev B; A6S/11881-PA00102, Rev B; A6S/11881-PA00103, Rev A;  A6S/11881-PA00110, Rev D; A6S/11881-PA00111, Rev C; and A6S/11881-PA00112, Rev C, except where otherwise stipulated by conditions attached to this permission;

 

Construction Hours

c)    Construction works shall only be carried out on the site between hours of 08:30 to 17:30 hours on Mondays to Fridays inclusive, and 08:00 to 13:00 hours on Saturdays, with no construction work on Sundays, Bank Holidays, or Public Holidays;

 

Construction Environmental Management Plan (CEMP)

d)   Notwithstanding the submitted details, prior to the commencement of the development thereby approved, a Construction Environmental Management (CEMP), in accordance with Worcestershire Regulatory Services ‘Code of Best Practice for Demolition and Construction Sites’ shall be submitted to the County Planning Authority for approval in writing. The approved CEMP shall be implemented for the duration of the construction works. The CEMP shall address the following:

 

Biodiversity

                     i.        Risk assessment of potentially damaging construction activities;

                    ii.        Identification of “biodiversity protection zones”;

                   iii.        Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction to be provided as a set of Method Statements for Pollution Prevention and Incident Control, Invasive Species, Badgers, Bats, Great Crested Newts and Reptiles;

                   iv.        The location and timing of sensitive works to avoid harm to biodiversity features;

                    v.        The times during construction when specialist ecologists need to be present on site to oversee works;

                   vi.        Responsible persons and lines of communication;

                 vii.        Use of protective fences, exclusion barriers and warning signs;

                viii.        Details of all tree and vegetation clearance;

                   ix.        On completion of the ecological mitigation and enhancement works, a statement of conformity shall be submitted to the County Planning Authority confirming their successful implementation;

 

Noise, Dust and Vibrations

                    x.        A scheme to minimise and mitigate the impacts of noise, dust and vibrations;

                   xi.        A method statement for sheet piling, detailing the proposed times when piling will be undertaken and the noise and vibration mitigation measures that will be implemented; 

 

Lighting

                 xii.        Details of the proposed construction lighting;

 

Water Environment

                xiii.        Measures to be undertaken to ensure that any pollution and silt generated by the construction works shall not adversely affect groundwater and any surface waterbodies;

 

Highways

                xiv.        The hours that delivery vehicles shall be permitted to arrive and depart, and arrangements for unloading and manoeuvring; and

 

                 xv.        Measures to ensure that vehicles leaving the site do not deposit mud or other detritus onto the public highway;

 

Site Waste Management Plan

e)    Within 1 month of the commencement of the development hereby approved, a Site Waste Management Plan shall be submitted to the County Planning Authority for approval in writing. Thereafter, the development shall be carried out in accordance with the approved details;

 

Materials

f)     Notwithstanding the submitted details, within 1 month of the commencement of the development hereby approved, a schedule and/or samples of the materials, colours and finishes of the development hereby approved, including the motor control centre kiosk, retaining wall and railings shall be submitted to the County Planning Authority for approval in writing. Thereafter the development shall not be carried out other than in accordance with the approved details;

 

Surfacing

g)   Notwithstanding the submitted details, prior to laying of any hard surfacing, details and a specification of all new and replacement hard surfacing within the application site, including the depth of hard surfacing to be laid shall be submitted to the County Planning Authority for approval in writing. Thereafter the development shall be carried out in accordance with the approved details;

 

Boundary Treatments

h)   Notwithstanding the submitted details, within 1 month of the commencement of the development hereby approved, details of all new boundary fences, walls and other means of enclosure shall be submitted to the County Planning Authority for approval in writing. Thereafter the development shall be carried out in accordance with the approved details;

 

Lighting

i)     Details of any new lighting to be installed at the site shall be submitted to the County Planning Authority for approval in writing prior to being erected. These details shall include:-

 

     i.        Height of the lighting posts;

    ii.        Intensity of the lights;

   iii.        Spread of light (in metres);

   iv.        Any measure proposed to minimise the impact of the lighting or disturbance through glare;

    v.        Any measures to minimise the impact of lighting upon protected species and habitats; and

   vi.        Times when the lighting would be illuminated;

Thereafter, the development shall be carried out in accordance with the approved details;

 

Ecology and Landscape

j)     All existing trees, shrubs and hedgerows indicated to be retained shall be protected by suitable fencing in accordance with BS5837:2012. In the event of any trees, shrub or hedgerow being damaged or removed by the development, it shall be replaced with like species and equivalent size, which in the case of a mature tree may entail multiple plantings, in the next planting season;

 

k)    Notwithstanding the submitted details, within 1 month of the commencement of the development hereby approved, a Landscape and Ecological Management Plan (LEMP) shall be submitted to the County Planning Authority for approval in writing. Thereafter the LEMP shall be implemented in accordance with the approved details. The LEMP shall include the following:

 

                     i.        Description and evaluation of ecological features to be created and managed;

                    ii.        Ecological trends and constraints on site that might influence management;

                   iii.        Aims and objectives of creation and management;

                   iv.        Appropriate management options for achieving aims and objectives;

                    v.        Prescriptions for management actions;

                   vi.        Preparation of a work schedule (including an annual work plan capable of being rolled forward over a five-year period);

                 vii.        Details of the body or organization responsible for implementation of the plan;

                viii.        Measures of success, ongoing monitoring, trigger thresholds and remedial measures; and

                   ix.        Details of any legal and funding implementation of the LEMP will be secured by the applicant with the management body(ies) responsible for its delivery;

 

Archaeology

l)     Notwithstanding the submitted details, prior to the commencement of the development thereby approved, a Written Scheme of Investigation shall be submitted to the County Planning Authority for approval in writing. The scheme shall include an assessment of significance and research questions; and:

 

                     i.        The programme and methodology of site investigation and recording;

                    ii.        The programme for post investigation assessment;

                   iii.        Provision to be made for analysis of the site investigation and recording;

                   iv.        Provision to be made for publication and dissemination of the analysis and records of the site investigation;

                    v.        Provision to be made for archive deposition of the analysis and records of the site investigation; and

                   vi.        Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation;

 

m)  The development shall not be brought into use until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition I) above, and the provision made for analysis, publication and dissemination of results and archive deposition has been secured;

 

Unexpected Contamination

n)   In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the County Planning Authority. The applicant is advised to immediately seek the advice of an independent geo-environmental consultant experienced in contaminated land risk assessment, including intrusive investigations and remediation.

 

No further works should be undertaken in the areas of suspected contamination, other than that work required to be carried out as part of an approved remediation scheme, until requirements below have been complied with:

 

                     i.        Detailed site investigation and risk assessment must be undertaken by competent persons in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and a written report of the findings produced.  The risk assessment must be designed to assess the nature and extent of suspected contamination and approved by the County Planning Authority prior to any further development taking place;

 

                    ii.        Where identified as necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to identified receptors must be prepared and is subject to the approval of the County Planning Authority in advance of undertaking.  The remediation scheme must ensure that the site will not qualify as Contaminated Land under Part 2A Environmental Protection Act 1990 in relation to the intended use of the land after remediation;

 

                   iii.        The approved remediation scheme must be carried out in accordance with its terms prior to the re-commencement of any site works in the areas of suspected contamination, other than that work required to carry out remediation; and

 

                   iv.        Following completion of measures identified in the approved remediation scheme a verification report that demonstrates the effectiveness of the remediation carried out must be produced and is subject to the approval of the County Planning Authority prior to development hereby approved being brought into use; and

 

Cessation

o)   On the decommissioning of the facility all the equipment shall be removed from the site and the land restored in accordance with a scheme to be submitted to and approved in writing by the County Planning Authority.