2009/2205 / Mr P Huck
Barrow Borough Council / Chris Bugler Architect Ltd
WARD/PARISH: / CASE OFFICER: / DATE RECEIVED:
Barrow Island / Jason Hipkiss
01229 876485 / 22/12/2009
STATUTORY DATE:
22/03/2010
LOCATION:
Land at Waterside, Bridge Road, Barrow-in-Furness
PROPOSAL:Raising existing ground levels by a maximum of 500mm, by redistributing spoil from the approved extension to Waterside House and capping with clean inert material.
SAVED POLICIES OF THE FORMER LOCAL PLAN:
POLICY D12
Development or demolition that would significantly adversely affect animal or plant species protected by Schedules 1, 5 & 8 of the Wildlife & Countryside Act 1981 (as amended) will not be permitted. If planning permission is granted which may have an adverse effect on protected species the local planning authority will, where appropriate, impose conditions and/or will use its powers to enter into Section 106 Obligations to;
i) Safeguard the survival of individual members of the species;
ii) Reduce habitat disturbance to a minimum; and/or
iii) Provide suitable alternative habitats.
SUMMARY OF MAIN ISSUES:Excavated spoil from the extension works to Waterside House would be spread across the site and capped with clean stone, thus raising the site level by an average 0.5m.
NON MATERIAL CONSIDERATIONS:REPRESENTATIONS:
The Occupiers of 43 -82, 84-89 Ferry Road, Units F1-13, G1-14, Furness Enterprise, Waterside House, Bridge Approach, Barrow in Furness all informed.
CONSULTATIONS:Environment Agency – dated 14th January 2010
‘We have not received all the relevant information relating to the remediation of this site. The following sets out what information is missing. Until we receive this information we cannot make formal comments on the application.
The following document has been submitted in support of this application:
-Remediation Strategy - Waterside Development, Barrow-in-Furness
(Ref: 50414/RGB/0252) Curtins Consulting, dated July 2009
The document is based on reports that have not been submitted which we need tosee,namely:
- Curtins Consulting Phase 1 Detailed Desk Study (Ref:50414/RA/0061) dated March 2009
- Curtins Consulting Phase2 Intrusive Investigation(Ref:50414/RGB/0140) dated May 2009
ACapita Symonds report from 2005 is frequently cross referenced in the document, so we will alsoneed to see this and any associatedcomments from the Environment Agency on this document.It is mentioned thatthe Environment Agencydeemed the site low risk on the basis of this document but we cannot find any record of correspondence regarding this site.
Without these documents we cannot review the above reportsas the findings of the Phase 1 and Phase 2 are critical to establishing an appropriate Remediation Strategy.’
Environment Agency – dated 27th January 2010
ADDITIONAL INFORMATION
‘Thank you for consulting the Environment Agency on the additional information which have been submitted in relation to the above planning application. We have reviewed the following reports with respect to controlled waters only:
Phase 1 Detailed Desk Top Study, Waterside Development, Barrow in Furness, Curtins Consulting Ltd, March 2009.
Phase 2 - Intrusive Investigation, Waterside Development, Barrow in Furness, Curtins Consulting, May 2009.
Remediation Strategy, Waterside Development, Barrow in Furness, Curtins Consulting, July 2009.
Given the low concentrations of contaminants detected in groundwater samples at the site, we are satisfied that there are no significant risks to groundwater or surface water from site-derived contamination. As such, we can recommend the discharge of the planning condition relating to contaminated land.
Advice to Local Planning Authority/applicant
If the developer is importing waste to the site for levelling or land raising purposes for example, hardcore, rubble, demolition waste, excavated soil/sub-soil, this may require to be registered with the Agency as exempt from the need for an Environmental Permit, under the Environmental Permitting Regulations 2007.
Please advise the Agency of the proposed means of site preparation. Waste from the development must be re-used, re-cycled or otherwise disposed of in accordance with waste management legislation and in particular the Duty of Care. Further information can be obtained from Jonathan Turner (Environment Officer) at this office, telephone number 01768 215739.It is possible that this activity may be exempt from the need to obtain an Environmental Permit, under the Environmental Permitting Regulations 2007, however such a decision cannot be made until all the required information has been received. Please inform the applicant, concerning the need to formally register the activity as exempt, with the Agency.’
Natural England - dated 21st January 2010
Thank you for your consultation dated 23 December 2009, and received 04 January 2010.
Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development. We are working towards the delivery of four strategic outcomes:
• A healthy natural environment;
• People are inspired to value and conserve the natural environment;
• Sustainable use of the natural environment;
• A secure environmental future.
We have considered the proposal against the full range of Natural England's interests in the natural environment but our comments are focused on the following specific matters:
This proposal lies close to the Duddon Estuary SSSI/SPA, Morecambe Bay SSSI/SPA and Morecambe Bay SAC but it is our opinion that the proposed development will not materially or significantly affect it.
The proposal may affect statutory protected species. Natural England advises that there is insufficient information accompanying the planning application from which to ascertain the possible impact of this development on protected species. Such protected species are a material consideration in planning terms as stated in Part IV paragraphs 98 and 99 of Circular 06/2005 which accompanies PPS9, `Biodiversity and Geological Conservation'. It is essential that the presence or otherwise of protected species, and the extent that they may be affected by the proposed development, is established before the planning permission is granted, otherwise all relevant material considerations may not have been addressed in making the decision.
Natural England therefore advises local planning authorities to direct developers to commission an ecological survey of the proposal site prior to submission of an application so this material consideration is fully addressed in making a decision. Your council may wish to note the implications of the case of R v Cornwall County Council ex parte Jill Hardy with respect to protected species as a planning consideration.
All surveys should be carried out at an appropriate time of year, employ methods that are suited to the local circumstances and be compliant with published guidance and best practice. It is essential this work is undertaken by a reputable, experienced and suitably licensed ecological consultant. Surveys should aim to identify the following information:
Description of the proposal - details of the type, scale, location, timing and methodology of the proposed works, including relevant plans, diagrams and schedules;
Survey for protected species - thorough and robust survey of the development site and any other areas likely to be affected by the proposals for protected species;
Impact assessment - clear assessment of the likely impacts of the proposal upon protected species;
Mitigation strategy - to clarify how the likely impact will be addressed in order to ensure no detriment to the maintenance of the population at a favourable conservation status of the protected species. This should be proportionate to perceived impacts and must include clear site-specific prescriptions rather than vague, general or indicative possibilities and be feasible and deliverable.
It is the responsibility of the developer to provide this information to enable Natural England to make a substantive response and for the local planning authority to fully assess the proposal. Please note that it is the duty of the applicant to suggest suitable mitigation and not Natural England, and we are unable to provide detailed advice on mitigation.
Circular 08/2005 states that the 21 day consultation period for statutory consultees will not start until receipt of adequate information to make a substantive response.
Where a development affects a species protected under the Conservation (Natural Habitats, &c) Regulations, a licence from Natural England would be required in order to allow prohibited activities., such as damaging breeding sites or resting places, for the purpose of development. The following criteria, as set out under Regulation 44, must be satisfied for such a licence to be granted:
• the purpose of the actions authorised must be for "preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment"; and
• there must be "no satisfactory alternative" to the actions authorised; and
• the actions authorised "will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range".
In summary, taking into account the nature of the application, we advise that surveys for the presence of protected species be carried out prior to planning permission being considered.
The developer should be made aware that if construction begins and the species are subsequently found to be present, all work must stop immediately and they may be subject to a criminal prosecution given that the possibility of them being present was suspected.
Where a licence from Natural England is required for any operations that affect protected species; this is irrespective of any planning permission that has been granted. Development works cannot be undertaken unless a licence is issued and failure to comply can result in a fine or custodial sentence.
You may find the following protected species information useful.
Reptiles
All British reptiles are protected against killing, injury or sale. The smooth snake and sand lizard receive additional protection that prohibits disturbance, capture and damage to parts of their habitat. Where it is predictable that reptiles are likely to be killed or injured by activities such as site clearance, this could legally constitute intentional killing or injuring. The Natural England leaflet Reptiles: Guidelines for Developers explains the considerations that developers need to bear in mind when planning projects on sites that could support snakes or lizards and can be downloaded via the link below:
http://naturalengiand.etraderstores.com/NaturalEngIandShoplProduct.aspx?ProductlD=93dcf938-5c8f4d6c-aed1-626b3e2dfaf3.
You may also find the following useful.
Biodiversity Duty
Biodiversity is a core component of sustainable development, underpinning economic development and prosperity, and has an important role to play in developing locally distinctive and sustainable communities. All local authorities and other public authorities in England and Wales have a Duty to have regard to the conservation of biodiversity in exercising their functions. The Duty aims to raise the profile and visibility of biodiversity, to clarify existing commitments with regard to biodiversity and to make it a natural and integral part of policy and decision making.
The Duty is set out in Section 40 of the Natural Environment and Communities Act (NERC) 2006 and states that:
‘Every public authority must, in exercising its functions, have regard, so far as is consistent with the proper exercise of those functions, to the purpose of conserving biodiversity".
Natural England recommends that the Council takes this into consideration when determining planning applications. Guidance is available in the Defra publication, Guidance for Local Authorities in Implementing the Biodiversity Duty:
http://www.defra.qov.uk/environment/guality/biodiversityldocumentslla-guid-enqlish.pdf
Natural England expects to be included as a consultee in relation to any additional matters to be determined by the Local Authority that may arise as a result of, or are related to, the present proposal. Natural England retains its statutory discretion to modify its present advice or opinion in view of any and all such additional matters or any additional information related to this consultation that may come to our attention”.
Natural England 27.01.10
‘Apologies please take first NE response. As you are aware I am temporarily filling this role and the application came with very tight deadline for me to respond. I hadn't picked up previous application and our response. To confirm withdraw my latest comments and refer to our advice you attached.’
Natural England – received relating to earlier application 2009/0373
Designated Sites
The application site lies very close to:
· South Walney & Piel Channel Flats Site of Special Scientific Interest (SSSI).
· Morecambe Bay Special Protection Area (SPA), Special Area of Conservation (SAC) and Ramsar Site.
· Duddon Estuary SSSI, SPA and Ramsar Site.
Based on the information provided, Natural England has no objection to the proposed development. It is our view that, either alone or in combination with other plans or projects, it would not be likely to have a significant effect on the interest features of the SAC, SPAs and Ramsar Sites, or any of the features of special scientific interest of the SSSIs. Our detailed reasoning behind this view is set out below:
· Provided that the Environment Agency’s Pollution Prevention Guidelines are adhered to there should be no impact on water quality from run-off during construction.
Adherence to the Environment Agency’s Guideline should be made a condition of planning permission.
Protected Species
Protected species are a material consideration in planning terms under PPS9.
Because of the proximity to the above designated sites, the site may hold breeding ground nesting birds. Barrow Borough Council should therefore ensure work is either:
· Scheduled to avoid the bird breeding season,
Or
· Not be commenced without a breeding bird survey and mitigation.
This proposal is also considered to pose a low risk to bats; the attached informative should be sent to the applicant who should ensure all contractors working on the project are made aware of its contents.
Please note that if planning permission is granted, the applicants should be informed that this does not absolve them from complying with the relevant law protecting species, including obtaining and complying with the terms and conditions of any licenses required, as described in Part IV B of circular 06/2005.
Other issues
Natural England is satisfied the proposal does not have any significant impacts upon Natural England’s other interests, including National Trails, Access Lane, or the areas of search for new national landscape designations.”
Environmental Health
‘I have no objection to the application in principle. The works will be carried out in accordance with the remedial scheme associated with application B08/2009/0373 that is yet to be submitted and approved by the Local Planning Authority.’