Meeting documents

BATH AND NORTH EAST SOMERSET COUNCIL

DEVELOPMENT CONTROL COMMITTEE

20th May 2009

DECISIONS

Item No: 01

Application No: 09/00305/EREG03

Site Location: Car Park, Odd Down Park & Ride Car Park, Odd Down, Bath

Ward: Bathavon West Parish: Combe Hay LB Grade: N/A

Application Type: Reg03 app with EIA attached

Applicant: Bath And North East Somerset Council

Expiry Date: 21st May 2009

Case Officer: Mike Muston

DECISION PERMIT with the following conditions:-

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: As required by Section 91 of the Town and Country Planning Act 1990 (as amended) and to avoid the accumulation of unimplemented planning permissions.

2 Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

The scheme shall also include:

• management on site of the 100 year plus climate change event
  
• details of how the scheme shall be maintained and managed after completion
  
• improvement to existing drainage at the Odd Down Park and Ride site in line with the Flood Risk Assessment dated 23 January 2009
  
• a timetable of drainage works

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.

3 No development hereby permitted shall commence until a Landscape and Ecological Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan should deal with short and long term objectives, timing of operations to be carried out, and periodic monitoring. It should also deal specifically with the retention of trees as shown on drawing BTP/0/202, the retention of mature trees on the boundaries of the site, details of the creation of the calcareous grassland and its management, confirmation that the measures for bats identified in the submitted bat survey of October 2008 will be followed, and measures to protect Urophora Solstitialis. The development hereby permitted shall then only be carried out in accordance with the approved Landscape and Ecological Management Plan or any amendment to the Plan as approved in writing by the Local Planning Authority.

Reason: To secure adequate ecological protection during the course of development.

4 No development hereby permitted shall commence until a phasing programme/timetable has been submitted to and approved in writing by the Local Planning Authority, dealing with the construction of the bund to the south of the expansion site to provide a buffer between the woodland edge and the car park. Development shall then only be carried out in accordance with the approved phasing programme/timetable.

Reason: To secure adequate ecological protection during the course of development.

5 Unless with the prior written approval of the Local Planning Authority, the lighting approved for the park and ride facility as part of this application shall only be used/operated between 06.15am - 9.30pm Monday to Saturday and at no time on Sundays.

Reason: To prevent unnecessary light pollution, and in the interests of the ecology of the area.

6 The extension to the park and ride facility hereby permitted shall not be brought into operation until the replacement lights specified in the submitted application documents have been fitted in the existing car park.

Reason: To prevent unnecessary light pollution.

7 Unless agreed in writing with the Local Planning Authority, lighting on the site during the construction of the expansion of the park and ride must comply with the submitted Code of Construction Practice, which has stated that the working hours will be confined to Monday - Friday between 0700 and 1900 and Saturday 0700 - 1300 and at no time on Sundays.

Reason: To prevent unnecessary light pollution, and in the interests of the ecology of the area.

8 No development shall be commenced until a hard and soft landscape scheme has been first submitted to and approved in writing by the Local Planning Authority, such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; details of the surface treatment of the open parts of the site; and a programme of implementation.

Reason: To ensure the provision of an appropriate landscape setting to the development.

9 All hard and/or soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure that the landscape scheme is implemented and maintained.

10 No site works or clearance shall be commenced until protective fences which conform to British Standard 5837:2005 have been erected around any existing trees and other existing or proposed landscape areas in positions indicated on the approved plans. Until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

11 Prior to the commencement of any form of site works or clearance the Local Planning Authority shall be given not less than two weeks notice in writing of these works to ensure that appropriate measures of landscape protection required under condition 10 have been implemented in accordance with the approved plans or conditions.

Reason: To ensure that adequate protection is given to the areas to be landscaped and the existing trees and planting to be retained within the site.

FOOTNOTE: This decision relates to drawing nos.BPT/O/100, 201, 202, 301, 400, 501, 502, 601, 602, 710, 711, 741, 742, 743, 750, 751, 752 date stamped 29 January 2009.

INFORMATIVES:

1. In the event that any new surface water discharges are made direct to a watercourse, the sewer/pipe should terminate in a properly constructed outfall for which separate Flood Defence Consent from the Environment Agency may be required. Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8.0 metres of the top of the bank of a designated 'main river'. Any impediment to flow in an `ordinary' watercourse will also require consent under section 23 of the Land Drainage Act 1991.

2. Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with section 34 of the Environmental Protection Act 1990. Carriers transporting waste from the site will need to be registered waste carriers.

REASONS FOR GRANTING APPROVAL

1. The decision to grant approval has taken account of the Development Plan, any relevant emerging Local Plans and any relevant approved Supplementary Planning Documents/Guidance. This is in accordance with the Policies set out below at A.

2. It is considered that the proposal is not inappropriate development in the Green Belt. It would not harm the setting of either the Cotswolds AONB or the World Heritage Site and the replacement of the existing intrusive lighting on the site would lead to some benefits to the landscape. The proposal would be beneficial in ecological terms. There is also a need for the proposal. However, this is not a determining factor in this case as it is not considered that the proposal would cause harm.

A

Bath & North East Somerset Local Plan Including Minerals and Waste Policies Adopted for October 2007

Policy GB.1 Development in the Green Belt

Policy GB.1A Park and Ride Development in the Green Belt

Policy GB.2 Visual effect on the Green Belt

Policy NE.1 Landscape character

Policy NE.2 Effect on AONB

Policy NE.5 Forest of Avon

Policy NE.10 Nationally important species and habitats

Policy NE.11 Locally important species and habitats

Policy NE.14 Flood risk

Policy ES.9 Pollution and nuisance

Policy ES.10 Air quality

Policy ES.12 Noise and vibration

Policy ES.15 Contaminated land

Policy T.1 Sustainability and access

Policy T.16 Development of Transport Infrastructure

Policy T.18 Restricting city centre parking linked to the provision of additional Park & Ride spaces and improved public transport

Policy T.22 Additional Park & Ride facilities

Policy T24 General Development Control re access

Policy BH.1 Impact on Bath World Heritage Site

Policy BH.22 External lighting

Item No: 02

Application No: 09/00304/EREG03

Site Location: Car Park, Lansdown Park & Ride Car Park, Charlcombe, Bath

Ward: Bathavon North Parish: Charlcombe LB Grade: N/A

Application Type: Reg03 app with EIA attached

Applicant: Bath And North East Somerset Council

Expiry Date: 21st May 2009

Case Officer: Mike Muston

DECISION PERMIT with the following conditions:-

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: As required by Section 91 of the Town and Country Planning Act 1990 (as amended) and to avoid the accumulation of unimplemented planning permissions.

2 Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

The scheme shall also include:

• management on site of the 100 year plus climate change event
  
• details of how the scheme shall be maintained and managed after completion
  
• improvement to existing drainage at the Lansdown Park and Ride site in line with the Flood Risk Assessment dated 23 January 2009
  
• a timetable of drainage works

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.

3 No development hereby permitted shall commence until a Landscape and Ecological Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan should deal with short and long term objectives, timing of operations to be carried out, and periodic monitoring. The development hereby permitted shall then only be carried out in accordance with the approved Landscape and Ecological Management Plan Scheme or any amendment to the Plan Scheme as approved in writing by the Local Planning Authority.

Reason: To secure adequate ecological protection during the course of development.

4 Unless with the prior written approval of the Local Planning Authority, the lighting approved for the park and ride facility as part of this application shall only be used/operated between 06.15am - 9.30pm Monday to Saturday and at no time on Sundays.

Reason: To prevent unnecessary light pollution, and in the interests of the ecology of the area.

5 The extension to the park and ride facility hereby permitted shall not be brought into operation until the replacement lights specified in the submitted application documents have been fitted in the existing car park.

Reason: To prevent unnecessary light pollution.

6 Unless agreed in writing with the Local Planning Authority, lighting on the site during the construction of the expansion of the park and ride must comply with the submitted Code of Construction Practice, which has stated that the workings hours will be confined to Monday - Friday between 0700 and 1900 and Saturday 0700 - 1300 and at no time on Sundays.

Reason: To prevent unnecessary light pollution, and in the interests of the ecology of the area.

7 No later than three years after the commencement of the development hereby permitted, the grass playing field as shown on Drawing 238759/PA105/001 submitted in connection with application 09/00314/REG03 shall be provided and brought into active use.

Reason: To ensure that the playing field to be lost as a result of the development is replaced.

8 No development shall be commenced until a hard and soft landscape scheme has been first submitted to and approved in writing by the Local Planning Authority, such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; details of the surface treatment of the open parts of the site; and a programme of implementation.

Reason: To ensure the provision of an appropriate landscape setting to the development.

9 All hard and/or soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure that the landscape scheme is implemented and maintained.

10 No site works or clearance shall be commenced until protective fences which conform to British Standard 5837:2005 have been erected around any existing trees and other existing or proposed landscape areas in positions indicated on the approved plans. Until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

11 Prior to the commencement of any form of site works or clearance the Local Planning Authority shall be given not less than two weeks notice in writing of these works to ensure that appropriate measures of landscape protection required under condition 10 have been implemented in accordance with the approved plans or conditions.

Reason: To ensure that adequate protection is given to the areas to be landscaped and the existing trees and planting to be retained within the site.

12 No development shall take place until the applicant, or their agents or successors in title, has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

Reason: To ensure the appropriate protection of any archaeological remains on site.

FOOTNOTE: This decision relates to drawing nos.BTP/L/100, 201, 202, 301, 400, 501, 502, 601, 602, 710, 711, 741, 742, 743, 750, 751, 752, 753 date stamped 29 January 2009

INFORMATIVES:

1. In the event that any new surface water discharges are made direct to a watercourse, the sewer/pipe should terminate in a properly constructed outfall for which separate Flood Defence Consent from the Environment Agency may be required. Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8.0 metres of the top of the bank of a designated 'main river'. Any impediment to flow in an `ordinary' watercourse will also require consent under section 23 of the Land Drainage Act 1991.

2. Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with section 34 of the Environmental Protection Act 1990. Carriers transporting waste from the site will need to be registered waste carriers.

REASONS FOR GRANTING APPROVAL

1. The decision to grant approval has taken account of the Development Plan, relevant emerging Local Plans and approved Supplementary Planning Guidance. This is in accordance with the Policies set out below at A.

2. It is considered that the proposal is not inappropriate development in the Green Belt. It would not harm the landscape of the Cotswolds AONB or the setting of the World Heritage Site and the replacement of the existing intrusive lighting on the site would lead to some benefits to the landscape, as would the increased screening of the site from the north and west. Another application would provide for a replacement playing pitch and ensure that no overall loss of protected playing fields takes place. There is also a need for the proposal. However, this is not a determining factor in this case as it is not considered that the proposal would cause harm.

A

Bath & North East Somerset Local Plan Including Minerals and Waste Policies Adopted for October 2007

Policy GB.1 Development in the Green Belt

Policy GB.1A Park and Ride Development in the Green Belt

Policy GB.2 Visual effect on the Green Belt

Policy SR.1A Protection of playing fields and recreational open space

Policy NE.1 Landscape character

Policy NE.2 Effect on AONB

Policy NE.14 Flood risk

Policy ES.9 Pollution and nuisance

Policy ES.10 Air quality

Policy ES.12 Noise and vibration

Policy ES.15 Contaminated land

Policy T.1 Sustainability and access

Policy T.16 Development of Transport Infrastructure

Policy T.18 Restricting city centre parking linked to the provision of additional Park & Ride spaces and improved public transport

Policy T.22 Additional Park & Ride facilities

Policy T.24 General Development Control re highways and access

Policy BH.1 Impact on Bath World Heritage Site

Policy BH.22 External lighting

Item No: 03

Application No: 09/00308/EREG03

Site Location: Proposed Park And Ride Site, Batheaston By-Pass, Bath,

Ward: Bathavon North Parish: Bathampton LB Grade: N/A

Application Type: Reg03 app with EIA attached

Applicant: Bath And North East Somerset Council

Expiry Date: 21st May 2009

Case Officer: Mike Muston

DECISION

In the event that the Secretary of State does not wish to determine the application, and subject to the application being advertised as a Departure from the Development Plan and the satisfactory completion of the Appropriate Assessment in respect of any effect on the Special Area of Conservation, the Development Manager be authorised to PERMIT the application subject to the following conditions:

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: As required by Section 91 of the Town and Country Planning Act 1990 (as amended) and to avoid the accumulation of unimplemented planning permissions.

2 Development shall not begin until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details before the development is completed.

The scheme shall also include:

• management on site of the 100 year plus climate change storm event (using figures provided in Annex B of PPS25 relating to the agreed lifetime of the development)
  
• details of how the scheme shall be maintained and managed after completion
  
• a timetable of drainage works

Reason: To prevent the increased risk of flooding, to improve and protect water quality, improve habitat and amenity, and ensure future maintenance of the surface water drainage system.

3 No development shall take place that would result in an alteration of ground levels within the area shown as Flood Zone 3 on the Environment Agency Flood Maps and/or on the Bath and North East Somerset SFRA document. If any such development is proposed, that part of the development shall not begin until full details, which must show no loss of flood plain storage, overall are submitted to and approved in writing by the Local Planning Authority.

Reason: To prevent an increased risk of flooding.

4 No development hereby permitted shall commence until a Landscape and Ecological Management Plan has been submitted to and approved in writing by the Local Planning Authority. The plan should deal with short and long term objectives, timing of operations to be carried out, and periodic monitoring. It should also deal specifically with details for management of the grassland, wildflower planting and wetland area, details of the route and make-up of an alternative flight line for bats, details of the creation and re-seeding of the proposed swale, and details of the grazing regime on the fields to the north of the application site. The development hereby permitted shall then only be carried out in accordance with the approved Landscape and Ecological Management Plan Scheme or any amendment to the Plan Scheme as approved in writing by the Local Planning Authority.

Reason: To secure adequate ecological protection during and after the course of development.

5 Unless with the prior written approval of the Local Planning Authority, the lighting approved for the park and ride facility as part of this application shall only be used/operated between 06.15am - 9.30pm Monday to Saturday and at no time on Sundays.

Reason: To prevent unnecessary light pollution, and in the interests of the ecology of the area.

6 Unless agreed in writing with the Local Planning Authority, lighting on the site during the construction of the expansion of the park and ride must comply with the submitted Code of Construction Practice, which has stated that the workings hours will be confined to Monday - Friday between 0700 and 1900 and Saturday 0700 - 1300 and at no time on Sundays.

Reason: To prevent unnecessary light pollution, and in the interests of the ecology of the area.

7 No development shall be commenced until a hard and soft landscape scheme has been first submitted to and approved in writing by the Local Planning Authority, such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification to include numbers, density, size, species and positions of all new trees and shrubs; details of the surface treatment of the open parts of the site; and a programme of implementation.

Reason: To ensure the provision of an appropriate landscape setting to the development.

8 All hard and/or soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Local Planning Authority. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of the development being completed, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Local Planning Authority. All hard landscape works shall be permanently retained in accordance with the approved details.

Reason: To ensure that the landscape scheme is implemented and maintained.

9 No site works or clearance shall be commenced until protective fences which conform to British Standard 5837:2005 have been erected around any existing trees and other existing or proposed landscape areas in positions indicated on the approved plans. Until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

10 Prior to the commencement of any form of site works or clearance the Local Planning Authority shall be given not less than two weeks notice in writing of these works to ensure that appropriate measures of landscape protection required under condition 9 have been implemented in accordance with the approved plans or conditions.

Reason: To ensure that adequate protection is given to the areas to be landscaped and the existing trees and planting to be retained within the site.

11 No site works including clearance or demolition shall take place until an Arboricultural Method Statement (AMS) in accordance with British Standard 5837:2005 has been submitted to and approved in writing by the Local Planning Authority where any development which cannot be avoided is carried out within the Root Protection Area of retained trees. The development shall thereafter be carried out only in accordance with the details so approved.

Reason: To ensure that the existing retained trees and their root systems are not damaged during any construction works, including site clearance, demolition of existing structure's installation of services or reinstatement.

12 No development hereby permitted shall commence until details of construction methods of working close to the pylons and overhead power lines on the site have been submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall then only be carried out in accordance with the approved details or any amendment as approved in writing by the Local Planning Authority.

Reason: To ensure no interference is caused to the power lines crossing the site.

13 No development shall commence until a schedule of materials and finishes, and samples of the materials to be used in the construction of the external surfaces, including roofs, of the facilities building, have been submitted to and approved in writing by the Local Planning Authority. The development shall thereafter be carried out only in accordance with the details so approved.

Reason: In the interests of the appearance of the development and the surrounding area.

14 Notwithstanding the details shown on drawing BTP/A/400, no vehicular or pedestrian access shall be provided into the site from Mill Lane, and the landscaping proposed on the Mill Lane frontage of the site shall be designed to prevent unauthorised access.

Reason: To prevent uncontrolled parking in Bathampton village and in the interests of crime prevention.

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.

INFORMATIVES:

1. In the event that any new surface water discharges are made direct to a watercourse, the sewer/pipe should terminate in a properly constructed outfall for which separate Flood Defence Consent from the Environment Agency may be required. Under the terms of the Water Resources Act 1991 and the Land Drainage Byelaws, the prior written consent of the Environment Agency is required for any proposed works or structures in, under, over or within 8.0 metres of the top of the bank of a designated 'main river'. Any impediment to flow in an `ordinary' watercourse will also require consent under section 23 of the Land Drainage Act 1991.

2. Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with section 34 of the Environmental Protection Act 1990. Carriers transporting waste from the site will need to be registered waste carriers.

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.

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

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.

REASONS FOR GRANTING APPROVAL

1. The decision to grant approval has taken account of the Development Plan, relevant emerging Local Plans and approved Supplementary Planning Guidance. This is in accordance with the Policies set out below at A.

2. The proposed development is contrary to the Policies set out below at B and represents a Departure from the Development Plan. However, the relevant publicity and referrals will be undertaken or have already taken place, and the planning merits of the proposed development outweigh the conflict with these Policies.

3. It was concluded above that the development is inappropriate development in the Green Belt. To the harm by reason of inappropriateness needs to be added the limited harm to openness. It is also considered the proposal would harm the landscape, including the setting of the Cotswolds AONB, the character and appearance of Conservation Areas and the setting of listed buildings and Scheduled Ancient Monuments. It is not considered that there will be any harmful impact on the World Heritage Site. It is not considered that the proposal would have an adverse effect on the likelihood of flooding. Those identified elements of harm need to be added to the identified harm to the Green Belt. Against this, it needs to be considered whether the need for the proposals and the benefits that they would bring, as set out above, would clearly outweigh the identified harm, sufficient to amount to very special circumstances. This includes the benefits that would come from the implementation of the Bath Transport Package as a whole, of which this application forms an important part. The benefits that will flow from the implementation of the Bath Transport Package, the need for that to include a Park & Ride facility, and the reason why that needs to be located on this site, have all been dealt with above. The Package as a whole, of which this application comprises an integral and vital part, is considered to bring substantial benefits to the city of Bath as a whole. It is considered that these benefits clearly outweigh the more localised harm that would result from these proposals, including the harm to the Green Belt. It is concluded that very special circumstances do exist in this case to justify granting permission to this proposal. The impacts on the environment are not considered to be unacceptable.

A

Bath & North East Somerset Local Plan Including Minerals and Waste Policies Adopted for October 2007

Policy GB.1 Development in the Green Belt

Policy GB.1A Park and Ride Development in the Green Belt

Policy NE.4 Trees and Woodland Conservation

Policy NE.5 Forest of Avon

Policy NE.10 Nationally important species and habitats

Policy NE.11 Locally important species and habitats

Policy NE.13A Bath Hot Springs

Policy NE.14 Flood risk

Policy ES.5 Foul and surface water drainage

Policy ES.9 Pollution and nuisance

Policy ES.10 Air quality

Policy ES.12 Noise and vibration

Policy T.1 Sustainability and access

Policy T.16 Development of Transport Infrastructure

Policy T.18 Restricting city centre parking linked to the provision of additional Park & Ride spaces and improved public transport

Policy T.22 Additional Park & Ride facilities

Policy T.24 General Development Control policy re access & highways

Policy BH.1 Impact on Bath World Heritage Site

Policy BH.12 Important archaeological remains

Policy BH.22 External lighting

B

Bath & North East Somerset Local Plan Including Minerals and Waste Policies Adopted for October 2007

Policy GB.2 Visual effect on the Green Belt

Policy NE.1 Landscape character

Policy NE.2 Effect on AONB

Policy BH.2 Listed Buildings and their settings

Policy BH.6 Development within or affecting Conservation Areas

Policy BH.11 Scheduled Ancient Monuments and their settings

Item No: 04

Application No: 09/00307/EREG03

Site Location: Car Park, Newbridge Park & Ride Car Park, Newbridge, Bath

Ward: Newbridge and Kingsmead Parish: N/A LB Grade: N/A

Application Type: Reg03 app with EIA attached

Applicant: Bath And North East Somerset Council

Expiry Date: 21st May 2009

Case Officer: Mike Muston

DECISION

Defer for receipt of further technical information and more details of proposed landscaping and relocation of bus stop.