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Development Control Committee Meeting to be held on 31 October 2007 Part I - Item No. 3 Electoral Division affected: Poulton le Fylde Wyre Borough: Application No. 02/07/0967 Construction of a new control building, substation, access road and security fencing at Holts Lane, Poulton le Fylde. Contact for further information: Philip Mather, 01772 531942, Environment Directorate Executive Summary Application - Construction of a new control building, substation, access road and security fencing at Holts Lane, Poulton le Fylde. Recommendation – Summary That planning permission be granted subject to conditions controlling time limits, working programme, landscaping, highway matters and building materials. Applicant’s Proposal The application is for the construction of a new control building, substation, access road and security fencing associated with improvements to waste water infrastructure. The control building would measure 7.5 metres x 3 metres x 4 metres high and the substation would be 3.75 metres x 4.2 metres x 4 metres high. Both buildings would be constructed in brick. The 1.8 metre high security fencing would extend for 200 metres around the perimeter of the site. A stone access road would lead from the compound to Holts Lane, where telescopic, lockable bollards would prevent unauthorised vehicle access. Description and Location of Site The site is to the south of Brockholes Crescent and Holts Lane, residential streets on the outskirts of Poulton le Fylde. The site is an overgrown former playground area surrounded by open fields to the south, east and west, and by the residential properties of Brockholes Crescent and Holts Lane to the north. Beyond the field to the east is the Preston to Blackpool Railway line, beyond which is the Poulton Business Park. The nearest residential property is on Brockholes Crescent, approximately 20m from the boundary of the site. A footpath runs along the proposed access to the site. -2- Background There is no relevant planning history at this site. Planning Policy Joint Lancashire Structure Plan Policy 1 – General Policy Policy 28 – Waste Management Facilities Lancashire Minerals and Waste Local Plan Policy 2 – Quality of Life Policy 7 – Open Countryside and Landscape Policy 101 – Waste water and sewage sludge Wyre Borough Local Plan Policy ENV17 – Surface Water Protection Policy TREC14 – Protection of Recreational Open Space Policy CIS1 – Provision of Community Services Policy CIS7 – Wastewater Management Consultations Wyre Borough Council – No objection. Section Manager (Traffic and Safety) – No objection. Environment Agency – No objection. Representations – The application has been advertised by press and site notice and local residents informed by individual letter. Three representations have been received objecting to the development on the grounds of visual impact, effects on property values, disruption during construction, the removal of trees and potential health impacts from electromagnetic fields on the site. Advice Director of Strategic Planning and Transport – Observations The proposal is for the construction of a new control building, substation, access road and security fencing on 0.5 hectares of land near Holts Lane and Brockholes Crescent, Poulton-le-Fylde. The work would be part of a series of improvements to the sewerage system required to remedy three Unsatisfactory Intermittent Discharges (UIDs) in the area, and ensure treatment of wastewater to the standard required by the Water Resources Act 1991 and the Urban Wastewater Treatment Regulations 1994. -3- To provide these improvements, United Utilities are proposing to intercept the spill pipes from the three UIDs and transfer the flows to the site of a proposed below ground detention tank off Holts Lane. The control building and substation, which are the subject of this planning application, are linked to the operation of this tank. Pumps within the tank, would forward flows from the tank via a rising main to an outfall to the River Wyre. Much of the work, such as the underground pipework and tanks, does not require planning permission. The result of the works would be to reduce the incidence of polluting discharges from the sewer system and would, therefore, result in general environmental benefits in terms of improvements to surface water courses. The proposed control building and substation at Holts Lane would be required to house the controls and power supply for the pumps within the below ground detention tank. The control building and substation would be of brick construction, with pitched and tiled roofs in keeping with the neighbouring properties. The buildings would be located close together, towards the north of the site, approximately 35m south of the nearest residential property. The proposed security fence would be approximately 5m from the fences of properties on Brockholes Crescent. A number of local residents have objected to the visual impact of the development. However, it is considered that the development would not be dissimilar in size or appearance to a residential garage and whilst the development would be visible from the nearest houses, with appropriate screening it would not have a significant impact on the long distance views across the local countryside. Some small trees would require removal but substantial planting works are proposed around the site following completion of the development. Providing these areas are landscaped having regard to amenities of the nearest properties, it is considered that the proposals are acceptable in terms of residential amenity. It is considered that the underground pumps and other infrastructure on site would not generate levels of noise sufficient to cause disturbance to local residents. The proposal includes the removal of trees along the eastern boundary of the site. An ecological survey was carried out at the site on 3 August 2007, which did not identify the presence of any protected species. The report did, however, recommend the protection of the trees at the northern boundary of the site. This vegetation is proposed to be retained. The tree removal along the eastern boundary is to facilitate the underground works, which will require deep excavations. The trees would be replaced on completion of the development with a hedgerow along the eastern boundary. Providing that conditions are imposed regarding retention of vegetation, where possible, and post development landscaping, it is considered that the development is acceptable in terms of ecology. One objection is concerned about possible health risks from the electromagnetic fields generated by the substation building. However, the substation would only supply the power for the pumps in the underground tank and would not be linked to any high voltage overhead lines. The development would not have any implications for the health of local residents. -4Access to the site would be from the corner of Holts Lane and Brockholes Crescent. The proposed access road would be made of stone and would be permanent to allow vehicular access to the site for maintenance. Telescopic lockable bollards would be used at the junction of the access with Holts Lane, to prevent unauthorised vehicle access. This is considered acceptable and the Section Manager (Traffic and Safety) has raised no objection. The site is designated as recreational open space in Policy TREC14 of the Wyre Borough Local Plan. This policy states that proposals for development on such land will be resisted, except where there is an overriding need for the development and where alternative recreational provision is made available. Although the development of this site would prevent its use for recreation, the site is overgrown and appears not to have been used as a formal recreational area for some time. It should be recognised that the development is required in order to comply with legislation concerning water quality and, therefore, the development would give rise to benefits that need to be balanced against the loss of recreational space. Furthermore, the Borough Council has not objected to the development and must, therefore, be of the view that there is no conflict with the policies of their local plan. On balance the development is considered acceptable, given the environmental improvements that would result from the scheme and the limited choice of location for the development, due to the need to connect with existing sewage infrastructure. In view of the scale, location and nature of the proposed development it is considered that no Convention Rights as set out in the Human Rights Act would be affected. Summary of Reasons for Decision The development would result in an improvement in water quality as required by the Waste Water Resources Act 1991 and the Urban Waste Water Treatment Regulations 1994. The scale, design and location of the development would be acceptable in relation to the visual and residential amenities of the area and it would not have any implications for the health of local residents. The development is acceptable in terms of ecology. Whilst the development would result in the loss of recreational space, this is outweighed by the environmental benefits that would be provided by the proposal. The development accords with the policies of the Development Plan. The policies of the Development Plan relevant to this decision are: Joint Lancashire Structure Plan Policy 1 – General Policy Policy 28 – Waste Management Facilities Lancashire Minerals and Waste Local Plan Policy 101 – Waste water and sewage sludge -5- Wyre Borough Local Plan Policy ENV17 – Surface Water Protection Policy TREC14 – Protection of Recreational Open Space Policy CIS1 – Provision of Community Services Policy CIS7 – Wastewater Management Recommendation That planning permission be granted subject to the following conditions: Time Limits 1. The development shall commence not later than 3 years from the date of this permission. Reason: Imposed pursuant to Section 91 (1)(a) of the Town and Country Planning Act 1990. Working Programme 2. The development shall be carried out, unless otherwise required by the conditions to this permission, in accordance with the following documents: a) The Planning Application dated 13 August 2007. b) Submitted plans: Drawing No. WYR0041/90019130/00/97/1019 B WYR0041/90019130/00/97/1020 A WYR0041/90019130/00/97/1015 B WYR0041/90019130/00/97/1021 A UU/PV/90019130/374/2258 c) All schemes and programmes approved under the requirements of this permission. Reason: For the avoidance of doubt and to enable the LPA to adequately control the development and to minimise its impact on the amenities of the local area and to conform with Policies 1 and 28 of the Joint Lancashire Structure Plan, Policy 101 of the Lancashire Waste and Minerals Local Plan and Policies SP13, TREC14, ENV17, CIS1 and CIS7 of the Wyre Borough Local Plan. Landscaping 3. All trees and hedges forming the boundary of the site, or to be retained within the site as shown on drawing UU/PV/900191130/374/2258, shall be protected from damage and maintained throughout the development, in accordance with -6the Lancashire County Council Environment Directorate specification entitled ‘Tree and Shrub Planting with Grass Seeding and Protective Fencing’. Reason: In the interests of visual and local amenity and the local environment and to conform with Policy ENV17 of the Wyre Borough Local Plan. 4. All landscaping works, including the planting of trees and hedgerows as shown on Drawing UU/PV/90019130/374/2258 shall be implemented within the first planting season, as defined in this permission, following the completion of the development and shall be maintained for a period of five years, in accordance with the Lancashire County Council Planning Department specification entitled "Tree and Shrub Planting with Grass Seeding and Protective Fencing". Reason: In the interests of visual and local amenity and the local environment and to conform with Policy 28 of the Joint Lancashire Structure Plan Policy 101 of the Lancashire Waste and Minerals Local Plan and Policy SP13 of the Wyre Borough Local Plan. Highway Matters 5. No development shall commence until wheel cleaning facilities to a design, specification, and in a position first approved by the County Planning Authority have been installed. Thereafter, the approved facilities shall be maintained in working order and be used by all HGVs leaving the site throughout the construction period of the site to prevent the deposit of material on the public highway. Reason: In the interests of highway safety and to safeguard the amenity of local residents and adjacent property/landowners and land users and to conform with Policies 1 and 28 of the Joint Lancashire Structure Plan Policy 101 of the Lancashire Waste and Minerals Local Plan and Policies SP13, ENV17, CIS1 and CIS7 of the Wyre Borough Local Plan. Hours of Working 6. No construction development shall take place outside the hours of: 0800 to 1800 hours, Mondays to Fridays (except Public Holidays) 0800 to 1300 hours on Saturdays No construction development shall take place on Sundays or Public Holidays. This condition shall not, however, operate so as to prevent the use of pumping equipment and the carrying out, outside these hours, of essential repairs to plant and machinery used on site. Reason: To safeguard the amenity of local residents and adjacent property/landowners and land users and to conform with Policies 1 and 28 of the Joint Lancashire Structure Plan Policy 101 of the Lancashire Waste and -7Minerals Local Plan and Policies SP13, ENV17, CIS1 and CIS7 of the Wyre Borough Local Plan. Building Materials 7. No development shall commence until details of the building materials to be used for the external elevations and roof of the control building and sub station building have been submitted to, and approved in writing by, the County Planning Authority. Thereafter, only those materials approved shall be used. Reason : In the interests of the visual amenity of the area and to comply with Policy 28 of the Joint Lancashire Structure Plan and Policy sp13 of the Wyre Borough Local Plan Definitions Planting Season: Means the period between 1 October in one year and 31 March in the following year. Local Government (Access to Information) Act 1985 List of Background Papers Paper Date Contact/Directorate/Ext Development Information Folder 02/07/0966 10 August 2007 Philip Mather Environment Ext. 31942 Reason for inclusion in Part II, if appropriate N/A