Agenda item

5a. 22/00143/MFA

Re-alignment and Restoration of the River Gade in Gadebridge Park including proposed footbridge crossings and associated landscaping.

 

Gadebridge Park, Leighton Buzzard Road, Hemel Hempstead

Cllr Beauchamp declared an interest in the item as he was speaking in objection to the item; he confirmed that he would not take part in the discussion or voting.

 

Cllr Tindall informed the committee that he would be reading a pre written statement in support of the application on behalf of resident Christine Ridley who unfortunately could not attend tonight’s meeting. He confirmed that he would take a step back and not take part in the discussion or the voting.

 

The Case OfficerRobert Freeman, introduced the report to Members and said that the application had been referred to the Committee as it involves development upon land within the ownership of the Borough Council.

 

Stephen Wilson and Councillor Beauchamp spoke in objection to the application.

Councillor Tindall read a pre written statement in support of the application on behalf of resident Christine Ridley as she was unable to attend tonight’s meeting.

 

It was proposed by Councillor Stevens and seconded by Councillor Williams to GRANT the application in line with Officers recommendations.

 

Vote:

 

For:  7              Against: 1                    Abstained: 2

 

Resolved: That planning permission be GRANTED.

It is recommended that planning permission is GRANTED subject to the conditions below. CONDITIONS

 

Condition(s) and Reason(s):

 

1. The development hereby permitted shall begin before the expiry of three years

Reason: To comply with the requirements of Section 91 (1) of the Town and Country Planning Act 1990, as amended by Section 51 (1) of the Planning and Compulsory Purchase Act 2004.

 

2. No development shall take place until full details of hard and soft landscaping works have been submitted to an approved in writing by the Local Planning Authority.

 

These details shall include:

 

 · A landscape and ecological management plan. This should include long-term design objectives, management responsibilities and maintenance schedules for all landscaped areas (except privately owned domestic gardens),

 

 · soft landscape works which shall include planting plans including details of any replacement trees (equal to or exceeding the number of trees to be removed); 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;

· Plans showing the extent and layout of the buffer zone adjacent to the new river course

 

· The materials to be used on footpaths, dipping platforms and beach areas

· all other hard surfacing materials

 

· details of any proposed footpaths, fencing, lighting located within 10m of the watercourse and details and

 

· ecological mitigation measures including new habitat creation The proposed landscaping works should reflect the general principles and key features on drawing number GDA-JBAU-XX-XX-DR-EN-0001- Indicative_Landscaping_Plan

The development shall be implemented fully in accordance with the approved details.

 

Reason: To ensure the protection of wildlife and supporting habitat and to secure opportunities for enhancing the site’s nature conservation value in line with NPPF paragraph 179, which requires the planning system to aim to conserve and enhance the natural and local environment by minimising impacts on biodiversity. Paragraph 180 of the NPPF also states that opportunities to incorporate biodiversity in and around developments should be encouraged.

 

3. No development approved by this permission shall be commenced until a Site Investigation (Phase II environmental risk assessment) report has been submitted to and approved by the Local Planning Authority which includes: (i) A full identification of the location and concentration of all pollutants on this site and the presence of relevant receptors, and; (ii) The results from the application of an appropriate risk assessment methodology.

 

Reason: The Local Planning Authority is of the opinion that the JBA consulting Gadebridge Phase 1 Contaminated Land Assessment dated July 2016 submitted at the planning application stage (Document Reference: 2015s3588_Gadebridge_Final.docx) indicates a reasonable likelihood of harmful contamination and as such this condition will ensure that the issue of contamination is adequately addressed to protect human health and the surrounding environment and to ensure a satisfactory development, in accordance with Policy CS32 of the Core Strategy.

 

4. No development approved by this permission (other than that necessary for the discharge of this condition) shall be commenced until a Remediation Method Statement report; if required as a result of 3, above; has been submitted to and approved by the Local Planning Authority. The strategy shall include a plan providing details of how the remediation works shall be judged to be complete and arrangements for contingency actions. The plan shall also detail a long-term monitoring and maintenance plan as necessary

 

Reason: To ensure that the issue of contamination is adequately addressed to protect human health and the surrounding environment and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32

 

5. Upon completion of the development hereby approved a Remediation Verification Report confirming that the site is suitable for use has been submitted to, and agreed by, the Local Planning Authority. The Verification Report report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

 

Reason: To ensure that the issue of contamination is adequately addressed to protect human health and the surrounding environment and to ensure a satisfactory development, in accordance with Core Strategy (2013) Policy CS32

 

6. Should any ground contamination, other than that reported by virtue of Condition 3, be encountered during the construction of the development hereby approved (including groundworks), works shall be temporarily suspended, unless otherwise agreed in writing by the Local Planning Authority, and a Contamination Remediation Scheme shall be submitted to (as soon as practically possible) and approved in writing by, the Local Planning Authority. The Contamination Remediation Scheme shall detail all measures required to render this contamination harmless and all approved measures shall subsequently be fully implemented prior to the completion of the development hereby approved. Should no ground contamination be encountered or suspected upon the completion of the groundworks, a statement to that effect shall be submitted in writing to the Local Planning Authority upon completion of the development hereby approved.

 

Reason: To ensure that the issue of contamination is adequately addressed to protect human health and the surrounding environment

 

7. A scheme for managing any borehole installed for the investigation of soils, groundwater or geotechnical purposes shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall provide details of how redundant boreholes are to be decommissioned and how any boreholes that need to be retained, post-development, for monitoring purposes will be secured, protected and inspected. The scheme as approved shall be implemented prior to any part of the permitted development being brought into use.

 

 Reason Piling or any other foundation designs using penetrative methods can result in risks to controlled waters. It should be demonstrated that any proposed piling will not result in contamination of groundwater

 

8. No development shall take place until an Archaeological Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include

an assessment of archaeological significance and research questions; and:

 - The programme and methodology of site investigation and recording

 - The programme for post investigation assessment

 - Provision to be made for analysis of the site investigation and recording

 - Provision to be made for publication and dissemination of the analysis and records of the site investigation

 - Provision to be made for archive deposition of the analysis and records of the site investigation

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

 

Reason: To ensure that adequate measures and put in place to investigate and record archaeological deposits in accordance with the NPPF and Policy CS27 of the Core Strategy.

9. The development shall take place in accordance with the programme of archaeological works set out in the Written Scheme of Investigation approved under condition 8

 

Reason: To ensure that adequate measures and put in place to investigate and record archaeological deposits in accordance with the NPPF and Policy CS27 of the Core Strategy.

 

10. Within 3 months of the completion of the development hereby approved the site investigation and post investigation assessment shall be completed in accordance with the programme set out in the Written Scheme of Investigation approved under condition 8 and the provision made for analysis and publication where appropriate.

 

Reason: To ensure that adequate measures and put in place to investigate and record archaeological deposits in accordance with the NPPF and Policy CS27 of the Core Strategy.

 

11. No development shall take place until Water Voles have been relocated in accordance with the Gadebridge Park Water Vole Mitigation Plan by JBA Consulting dated August 2022

 

 Reason: To ensure the adequate protection of the water vole population in accordance with the Wildlife and Countryside Act 1981 and in accordance with Policy CS26 of the Core Strategy.

 

12 The development hereby approved shall take place in accordance with the Arboricultural Survey, Aboricultural Impact Assessment and Arrboricultural Method Statement submitted by JBA Consulting dated May 2022.

Protective fencing shall be erected prior to the commencement of any works and shall be retained for the duration of construction activities.

 

 Reason: To ensure the adequate protection of retained trees in accordance with Policies CS12 and CS26 of the Core Strategy

 

13. The development hereby approved shall be carried out in accordance with the following approved plans and documents:

 

Plans

Site Location Plan

GDA-JBAU-XX-XX-DR-C-0001 Revision P04 (General Arrangement and Site Constraints)

GDA-JBAU-XX-XX-DR-C-0002 Revision P04 (Proposed Channel Longitudinal Sections)

GDA-JBAU-XX-XX-DR-C-0003 Revision P04 (Landscape and Geomorphology Plan)

GDA-JBAU-XX-XX-DR-C-0004 Revision P04 (Proposed Channel Sections)

GDA-JBAU-XX-XX-DR-C-0008 Revision P01 (Spring Water Drain Works Layout Plan)

GDA-JBAU-XX-XX-DR-C-0009 Revision P01 (Spring Water Drain Works Longitudinal Profiles)

 GDA-JBAU-XX-XX-DR-C-1101 Revision P01 (Bridge and Gauging Station Channel Cross Section, Elevations and Details)

GDA-JBAU-XX-XX-DR-C-1102 Revision P01 (Bridge and Gauging Station Channel Cross Section, Elevation and Details)

GDA-JBAU-XX-XX-DR-C-1103 Revision P01 (Bridge and Gauging Station Channel Cross Section, Elevations and Details)

GDA-JBAU-XX-XX-DR-C-1104 Revision P01 (Bridge and Gauging Station Channel Cross Section, Elevations and Details

GDA-JBAU-XX-XX-DR-C-1106 Revision C01 (Bridge 2 Plan, Section, Elevation and Details)

GDA-JBAU-XX-XX-DR-C-1201-Hazards_&_Constraints.

GDA-JBAU-XX-XX-DR-C-1202-General_Arrangement

GDA-JBAU-XX-XX-DR-C-1206-Existing_Channel_Works GDA-JBAU-XX-XX-DR-EN-0001- Indicative_Landscape_Plan

Documents

Arboricultural Survey, Aboricultural Impact Assessment and Arrboricultural Method Statement submitted by JBA Consulting dated May 2022

 Archaeological Evaluation by Headland Archaeology Ltd dated April-May 2020

Archaeological Written Scheme of Investigation by FAS Heritage

Contaminated Land Assessment – Phase 1 Report by JBA Consulting dated July 2016

Planning, Design and Access Statement by JBA Consulting dated January 2022

Gadebridge Park Ecological Impact Assessment by JBA Consulting dated August 2022 G

adebridge Park River Restoration: Flood Risk Assessment by JBA Consulting dated January 2022 Gadebridge Park: Water Vole Mitigation Plan by JBA Consulting dated August 2022

Heritage Statement by FAS Heritage

Hydromorphology and Ecology Report by JBA Consulting dated June 2018

 

INFORMATIVES

 

 Permitting for Flood Risk Activities Irrespective of planning approval, under the Environmental Permitting Regulations as amended 2016, the prior written permission of the Environment Agency is required for any proposed activities which will take place:

 

• within, under or over a main river

• within the flood plain of a main river

• within 8m of the river bank or flood defence structure/culvert

• within 16 m of a tidal defence structure/culvert

• for quarrying or excavation, within 16m of a remote defence, flood defence structure or culvert To be considered a flood risk activity the works must:

• affect flows, flood risk or land drainage • affect the stability of banks or the effectiveness of defences

• affect the Environment Agency’s access to the river or sea defences For further guidance and advice please visit the www.gov.uk website or contact National Customer Contact Centre on 03702 422 549. Water Voles Irrespective of planning approval, a licence to trap and translocate water voles is required from Natural England. We also strongly recommend that:

• Excessive scrub vegetation and non-native shrubs in the receptor site are thinned/removed to ensure the total cover does not exceed 10% of the total bank tops ahead of translocations taking place.

• A mink and water vole survey of the receptor site is done immediately ahead of translocation to ensure that all of S1 is free of mink, and that the stretch is largely free from resident water voles, or only very low densities of resident water voles are present, so as to allow capacity for the introduced water voles.