Meeting documents

BATH AND NORTH EAST SOMERSET COUNCIL

Development Control Committee

20 May 2009

OBSERVATIONS RECEIVED SINCE THE PREPARATION OF THE MAIN AGENDA

ITEM 10

ITEMS FOR PLANNING PERMISSION

Response from Combe Hay Parish Council.

A response has now been received from Combe Hay Parish Council, which says that the Council is very supportive of the appropriate and meticulously detailed proposals relating to the lighting (including the replacement of the lighting on the existing site), the landscaping and planting, the creation of a nature conservation habitat, the drainage of the site, the enhancement of the hedgerow to the southwest and the protection of Public Right of Way BA7/1. It says that the Council remains concerned about the degree of contamination of the land, due to the earlier landfill operations, the degree of instability of the land due to the under-tunnelling to abstract the clay containing Fullers Earth and the potential for flooding in Combe Hay Lane, if the drainage scheme is not totally effective. The Council makes points about areas they feel could have been included in documents that supported the application and asks that the new habitat should be designated a SNCI, and that consideration should be given in the longer term to operating the Park and Ride facility on seven days a week and later into the evenings. Concludes by saying that the Council most strongly recommends that the application be permitted.

Response from Council's Ecologist

A response has now been received from the Council's Ecologist in respect of this application. She says that she has no objections in principle to the proposal. She points out that there are some areas of the scheme, in particular planting, landscaping and long-term management, for which the details will need careful further consideration. She supports all the proposed recommended mitigation measures set out in table 8-11 of the EIA and says that all these measures should be implemented and where appropriate conditions should be used to secure this. She recommends that within the existing Park & Ride the area given over to non-native shrubs and herbaceous planting should be reduced and that trees should be removed/thinned where the existing planting threatens wildflower rich grassland and its associated invertebrate fauna. In respect of the proposed extension, she advises that this should avoid use of non-native shrubs and herbaceous planting and that all landscaping should be wildlife friendly, aiming to provide new habitat and using only native species. She says that it should also include the provision of habitat and management for the Small Blue Butterfly. She says that the recommendations of the bat survey report within the submitted EIA must be implemented in full. She recommends conditions.

Comment: - The Ecologist's comments are in line with those from Natural England already made and taken into account in the report. The conditions recommended are already included.

Site name - Erratum

In the final paragraph on page 25, the report mentions "the Odd Down park & ride facility". This should read "the Lansdown park & ride facility", but the statement in that paragraph is still correct with this substitution.

Response from Highways Agency

The Highways Agency has now responded that it is content that the proposals will not have a significant adverse impact on the Strategic Road Network, specifically the A4 and A46, subject to any consent including the conditions directed. As the development is on a trunk road, the Highways Agency has a power of direction and the conditions must be included as put forward by them. As a result, additional conditions 15 - 25 below should be added. The three additional informatives listed after the conditions should also be added as informatives 3, 4 and 5.

15. Prior to the commencement of development, a detailed plan shall be submitted to, and approved in writing by the Local Planning Authority, in consultation with the Highways Agency, showing the extent and details (including species) of compensatory planting required as a result of the embankment widening on land within control of the Highways Agency. These proposals shall be in accordance with the requirements of the submitted Landscape and Ecology Management Plan for the scheme requested and agreed under condition 17 below.

Reason: In the interests of highway safety and the efficient operation of the trunk road network and local amenity.

16. No development shall take place until all signing and lining details have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highways Agency. The submitted details will need to confirm that the signage meets passive safety requirements in accordance with the Design Manual for Roads and Bridges.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

17. Prior to the commencement of the development a Landscape & Ecological Management Plan shall be submitted to, and approved in writing by, the Local Planning Authority, in consultation with the Highways Agency. The Landscape & Ecological Management Plan shall include (but not be limited to) details of:

• the maintenance of the site entrance to ensure that visibility splays are maintained in accordance with the requirements of the Highways Agency;
  
• measures to limit the spread of tree roots towards the A4 Batheaston by-pass
  
• maintenance regime to confirm that trees will not be invasive to the adjacent carriageway
  
• protection measures and working methodologies for reinstatement of land affected by the development falling within the Highways Agency's control
  
• methodology for managing ecology matters during construction.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

18. Prior to the commencement of the development hereby approved details of the signal poles to be used within the development hereby permitted shall be submitted and approved in writing by the Local Planning Authority, in consultation with the Highways Agency, in order to confirm that they satisfy passive safety requirements in accordance with the requirements of the Design Manual for Roads and Bridges.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

19. Prior to the commencement of the development hereby approved details of the required drainage alterations to the A4 Batheaston by-pass affected by the development shall be submitted and approved in writing by the Local Planning Authority, in consultation with the Highways Agency.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

20. Prior to the commencement of the development hereby approved a detailed plan showing the road surfacing treatment relating to the areas of the A4 Batheaston by-pass affected by the development shall be submitted to and approved in writing by the Local Planning Authority, in consultation with the Highways Agency. The plan shall confirm:

• carriageway construction thicknesses for a full depth construction provides for a 40 year design life
  
• high friction surfacing to be provided on all approaches to the traffic signals
  
• the extent of surfacing to avoid the presence of surfacing joints in vulnerable areas of the carriageway.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

21. Prior to the commencement of the development hereby approved a detailed lux plot shall be submitted to and agreed in writing by the Local Planning Authority, in consultation with the Highways Agency, to demonstrate that the level of light spill will not result in unsatisfactory impacts on the safe operation of the A4 Batheaston by-pass.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

22. The construction of the development hereby permitted shall not commence until there has been submitted to and agreed in writing by the Local Planning Authority, in consultation with the Highways Agency, a construction management plan for the development. The plan shall include details of temporary construction access, construction vehicle movements, measures to mitigate the possible effects of dust and mud on the trunk road, construction operation hours, construction vehicle routes to and from site, construction delivery hours, expected numbers of construction vehicles per day, car parking for contractors, specific measures to be adopted to mitigate construction impacts in pursuance of the Environmental Code of Construction Practice and a scheme to encourage the use of Public Transport amongst contractors. The development shall be carried out strictly in accordance with the approved construction management plan.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

23. Prior to the commencement of the development hereby approved a Stage 2 Road Safety Audit shall be undertaken and submitted to and agreed in writing by the Local Planning Authority, in consultation with the Highways Agency.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

24. Prior to occupation and use of the development hereby approved a Stage 3 Road Safety Audit shall be undertaken and submitted to and agreed in writing by the Local Planning Authority, in consultation with the Highways Agency.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

25. The occupation and use of the development hereby permitted shall not commence until the works affecting the trunk road detailed within the drawings submitted with the application have been completed to the full and final satisfaction of the Highways Agency, in accordance with the Local Planning Authority's approval and have been approved in writing as complete by or on behalf of the Local Planning Authority in consultation with the Highways Agency.

Reason: In the interests of highway safety and the efficient operation of the trunk road network.

INFORMATIVE 3 The applicants should contact Mr Sean Walsh of the Highways Agency, 2/07k Temple Quay House, Temple Quay, Bristol BS1 6HA, to arrange the Section 6/274 agreement. The applicant should be aware that an early approach to the Highways Agency is advisable to agree the detailed arrangements for financing the design and construction of the scheme. Commencement of works will also need to be timed to fit in with other road works on the motorway network or local road network to ensure there are no unacceptable impacts on congestion and road safety.

INFORMATIVE 4 There can be no third party drainage connections to Highways Agency drainage systems.

INFORMTIVE 5 There will be no tree or shrub planting within 3 metres of the carriageway, and no planting with a girth greater than 250 mm within 5 metres of the carriageway in order to conform to safety requirements.

Response from Council's Ecologist

A response has now been received from the Council's Ecologist in respect of this application. She points out that a range of proposed mitigation, compensation & enhancement measures are set out in table 8-12 of the EIA. She supports their implementation and considers that with full implementation and careful consideration of the details of planting and future management, if each measure can be satisfactorily secured then the proposal overall should not cause unacceptable harm to ecology. She also notes that the requirements listed within Natural England's consultation response should be included. She also points out that this conclusion is subject to the findings of the Habitat Regulations Assessment process, which is looking in more depth at 93likely significant effects94 of the proposal on the Bath & Bradford on Avon Bats SAC and will determine whether an 93Appropriate Assessment94 is required under the Habitats Regulations 1994. She recommends conditions.

Comment: - The Ecologist's comments are in line with those from Natural England already made and taken into account in the report. The conditions recommended are already included and the recommendation already subject to the satisfactory completion of the Appropriate Assessment, if this proves necessary.

Response from Highway Development Officer - Erratum

The first sentence of the response should be amended from 93Says that the proposals is fully in accordance with Council policies and sub-regional vision94 to 93Says that the proposal is fully in accordance with the sub-regional vision, the principles of local policies for an eastern park and ride site, and with the Council's Vision, Priorities and Culture as set out in the current Corporate Plan94.

Other Representations/Third Parties

One further objection received from a resident in the Netherlands, making points already listed in the summary, and bringing the total of letters of objection received to 511 individuals/businesses/organisations, from 473 addresses (463 addresses in B&NES or in Wiltshire local to the application site, 3 in other parts of Wiltshire, 6 in other parts of England, and 1 in other parts of the world).

Local Transport Plan - Erratum

The report mentions the Local Transport Plan (LTP) on page 77, where it correctly states that the LTP includes"a relocated and expanded site at Newbridge". In the fourth paragraph of page 80, the report says that"the fourth test .... is satisfied as the proposal to extend the Newbridge park & ride facility is included in the Local TransportPlan". This contradicts the earlier correct reference to the LTP and this paragraph should be amended to read:-

"The LTP includes a relocated and expanded site at Newbridge. Whilst this would not have been the current application site, it would have been nearby and, critically, would have involved a much greater land take of Green Belt land. It is therefore considered that the fourth test in paragraph 3.17 of PPG 2 issatisfied."