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Julie Moore Taunton Deane Borough Council Development Control The Deane House Belvedere Road Taunton Somerset TA1 1HE Our ref: Your ref: WX/2011/117613/02-L01 08/10/0024 Date: 01 July 2011 Dear Mrs. Moore ERECTION OF UP TO 630 RESIDENTIAL DWELLINGS, LIVE-WORK UNITS, RETAIL SPACE, OTHER MIXED USE DEVELOPMENT AND OPEN SPACE TO INCLUDE PLAY AREAS AND LINEAR PARK, AND ASSOCIATED LANDSCAPING AT LAND OFF NERROLS DRIVE, TAUNTON Following our meeting regarding the above application which took place on 25 May 2011, the agent has forwarded the additional information requested directly to us, which was received on 13 June 2011. IMPORTANT: Please note that our position as set out below is based on the understanding that Wessex Water have been formally consulted on this application and are happy to accept the re-configuration of the existing attenuation basins on site. On the basis of this additional information, we now WITHDRAW our previous OBJECTION subject to the following CONDITIONS being imposed upon any permission granted: CONDITION: Prior to any reserved matters approval, a detailed surface water drainage strategy must be submitted to, and approved in writing, by the Local Planning Authority. The strategy shall be generally in accordance with section 4.6.2 and Figure 4.1 of the approved FRA (prepared by Entec UK Ltd and dated December 2010) and include details of the phasing and timing of the surface water infrastructure as well as maintenance responsibilities. The scheme shall be subsequently implemented in accordance with the approved details. REASON: To prevent the increased risk of flooding, to improve and protect water quality, to improve habitat and amenity and to ensure future maintenance of the surface water drainage system in accordance with PPS9, PPS23 and PPS25. Environment Agency Rivers House East Quay, Bridgwater, Somerset, TA6 4YS. Customer services line: 08708 506 506 Email: [email protected] www.environment-agency.gov.uk Cont/d.. CONDITION: No development shall take place on land to which reserved matters relate until the detailed drainage design for each plot, phase or parcel of land, incorporating sustainable drainage principles and an assessment of the hydrological and hydro-geological context of the development, has been submitted to and approved by the Local Planning Authority. Drainage designs shall ensure that surface water from each plot, phase or parcel of land is attenuated to the 1 in 2 year Greenfield Runoff rate (4.55 l/s/ha) for all storm events up to and including the 1 in 100 year plus climate change event. The scheme shall subsequently be implemented and completed in accordance with the approved details before any built development commences on site. REASON: To prevent the increased risk of flooding as a result of the development in accordance with PPS25. Informative / advice: The above conditions have been recommended to ensure that the principles of the agreed FRA are delivered as the development comes forward. It is important that sufficient attenuation storage is provided for each phase of development and this should be clearly demonstrated in an updated FRA / masterplan which shows discharge rates, storage volumes and SuDs control measures for each catchment and the subsequent phases of development. The strategy will need to be supported by Micro-drainage calculations for all storm periods up to and including for the 1 in 100 year event plus climate change. Details of the existing and proposed surface water drainage system will need to be provided. It must be demonstrated that all surface water features are located in Flood Zone 1 and this should be supported by site levels compared against the predicted 1 in 100 year event. The timing / phasing of surface water infrastructure is critical to ensure that all surface water is attenuated for as the development comes forward. The drainage infrastructure for each plot will need to be completed before any built development occurs on site to ensure that surface water flooding is not increased at any stage of development. Any exceedance flows, routes and depths must be mapped and addressed to ensure that the development is safe from flooding. The strategy must include details of the re-configuration of the two existing dry surface water attenuation basins on site. This must be undertaken in line with Section 4.7 of the FRA and Figure 4.1 of the FRA. Details must also be submitted to demonstrate that the capacity of the surface water drainage features are sufficient so that the attenuation features will not be exceeded. The risk of increased surface water flooding during all stages of development must be addressed. Each reserved matters application will need to demonstrate a viable drainage scheme in accordance with the approved masterplan to allow us to recommend approval for any detailed layout proposals. IMPORTANT: Maintenance of the ponds on site must be set out within a comprehensive legal agreement and any commuted sums required agreed within the outline permission. An as-built volume check of both ponds must be undertaken once constructed because it is critical that the agreed attenuation volumes are provided for and maintained for the lifetime of the development. We would like to be involved as this agreement is drawn up, or if maintenance is to be secured via a planning condition we would wish to be re-consulted. Cont/d.. 2 The Maidenbrook is an ordinary watercourse through the site and therefore you should ensure that your Drainage Engineer is happy to accept the access arrangements at the watercourse and continued responsibility for maintenance of the watercourse. CONDITION: No development shall take place on land to which reserved matters relate until a scheme for finished floor levels for each plot, phase or parcel of land has been submitted to, and agreed in writing by, the Local Planning Authority. The finished floor levels of the built development shall be set no lower than 150mm above the existing ground level on site. REASON: To reduce the impact of flooding on the development and it’s users in accordance with PPS25. Informative / advice to applicant: In seeking to discharge the above condition, the applicant should supply a topographic survey of the existing site together with proposed floor levels that are set 150mm or more above the existing levels. CONDITION: No development shall commence until an Ecological Management Plan for the site has been submitted to, and agreed in writing by the Local Planning Authority. The Plan shall be generally in accordance with the approved Ecological Assessment. The plan shall be carried out in accordance with a timetable for implementation as approved. The plan shall include the following elements: Details of the extent and type of all new landscaping to include native species (excluding domestic gardens); Details of the extent and design of a suitable buffer zone alongside the Maidenbrook; and Details of maintenance regimes and responsibilities. REASON: To protect and enhance the existing biodiversity value of the site in accordance with PPS9. Informative / advice to LPA: The above condition is necessary to ensure the protection of wildlife and the habitat which supports it and secure opportunities for the enhancement of the nature conservation value of the site in line with national planning policy. Article 10 of the Habitats Directive also stresses the importance of natural networks of linked corridors to allow movement of species between suitable habitats, and promote the expansion of biodiversity. Such networks may also help wildlife adapt to climate change. The Ecological Assessment suggests that Otters are not likely to use the site, however, we would have to question this conclusion. There is plenty of evidence that Otters will use small watercourses, and their presence along the Tone catchment is well documented. Otters will feed on species such as Stoneloach which are likely to be present. In addition the watercourse will provide a good corridor for Otter movement. Within the proposed layout there do not appear to be any bridge crossings. However if there are any proposed, these should be clear span to allow free movement for Otter and other mammals along the banks without crossing roads. Cont/d.. 3 CONDITION: If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an appropriate remediation strategy detailing how this unsuspected contamination shall be dealt with. Reason: To prevent pollution of the water environment in accordance with PPS23. Informative / advice to LPA: We concur with the Land Contamination Assessment that the risk of contamination at the site is relatively low. However, given the scale of the proposals and the previous agricultural use on site, we would advise that the above condition is imposed to ensure that any contamination found on site is appropriately dealt with. We assume that Abstraction Licence 16/52/005S/004A will be surrendered at the point of development. If this is not the case, your LPA may wish to secure an appropriate assessment of the impacts of the development on this abstraction to ensure that no pollutant pathways will be introduced. The applicant is advised that any works within the channel of the Maidenbrook (i.e. the surface water outfalls from the ponds) are likely to require Flood Defence Consent from the Environment Agency. The applicant should contact my colleague Sam Capel (01278 484 810) to discuss this matter. All works in or near the channel should be undertaken in accordance with our Pollution Prevention Guidance Note 5 which is available on our website. Any waste used on site or taken off site will be subject to the appropriate Licences and Exemptions required from the Environment Agency. Further details on this legislation are provided on our website. A copy of the Decision Notice would be appreciated. If you have any queries regarding the above matter please do not hesitate to contact me. Yours sincerely Rebecca Randall Planning Liaison Officer Direct dial 01278 484646 Direct fax 01278 484592 Direct e-mail [email protected] cc The Crown Estate, Entec UK Ltd End 4