DONCASTER METROPOLITAN BOROUGH COUNCIL

PLANNING COMMITTEE - 2nd April 2013

Application 2

Application Number:

11/00995/FUL Application Expiry Date:

21st June 2011

Application Type:

Full Application

Proposal Description:

Temporary extension and improvement of existing track for vehicular access

At: Levitt Hagg Wood Mill Lane Warmsworth Doncaster

For: British Waterways (FAO Mr N Wild)

Third Party Reps: 0 Parish: Warmsworth Parish Council

Ward: Edlington And Warmsworth

Author of Report Elizabeth Maw

MAIN RECOMMENDATION: GRANT

1.0 Reason for Report

1.1 The application is being presented to committee because the proposal is a departure from the Doncaster Unitary Development Plan 1998 and Doncaster Core Strategy 2012.

2.0 Proposal and Background

2.1 The proposal is to improve and extend a woodland track so it can be used for construction traffic for 18 months. The reason for the proposal is to allow the Environment Agency to construct a fish pass on Sprotbrough Weir. Access along the woodland track is the only way of gaining access to the side of the Weir.

2.2 The woodland track that is affected by this application is within Levitt Hagg Wood which is to the south of Sprotbrough Weir. The woodland starts at the hair pin bend off Mill Lane. The woodland extends southwards towards Warmsworth and runs between the rear boundary of Warmsworth Quarry and Sprotbrough Weir. The track runs centrally through the woodland and was a former quarry track, with parts of the hard standing still being noticeable on the woodland track. However, most of the track is now overgrown and has integrated into its woodland setting.

2.3 The applicant intends to gain access to the woodland via an existing quarry entrance off Warmsworth Road. The access will extend through the woodland and divert off to the water side. There will be no access from Mill Lane, Sprotbrough.

2.4 The works involved with the application include chopping back vegetation/ small trees and laying hardcore on the existing quarry track. The existing track does not link to the water side so a new section of track will then be constructed from the existing track to the water side. The new track will be approximately 150m long and constructed using compacted stone and supported by gabion walling. The new track will also require some vegetation and minor tree clearance.

2.5 Once the construction track has ceased use, the woodland will be tidied and new planting carried out to restore the woodland back to its existing condition. The planning permission has been discussed thoroughly with Natural England, DMBC Ecologist, DMBC Tree Officer, Highways and a Public Rights of Way Officer. All the consultees concluded to raise no objections subject to a number of detailed conditions.

3.0 Relevant Planning History

3.1 There is no relevant planning history.

4.0 Representations

4.1 The application has been publicised by site notice and press advert. No observations have been received.

5.0 Parish Council

5.1 Warmsworth Parish Council has objected to the application for the following reasons:

* The soft ground may not be able to withstand the weight of the track and vehicles.

* There are no details regarding the removal of the stone and the additional vehicle movements needed for the removal.

* The proposal will affect the archaeology of a former flint mill which is known to have stood adjacent to the weir from the early 18th century to the early 20th century.

* Access from Mill Lane should be re-examined.

* Parts of the site are close to a closed landfill so temporary fencing delineating the access road may pierce the cap of the landfill site causing uncontrolled emissions of landfill gas.

6.0 Relevant Consultations

Pollution Control: If the fencing were to penetrate through the cap into the landfill this may create a potential pathway for landfill gas migration resulting in a potential risk to human health. However, safe development is the responsibility of the developer.

Environment Agency: No objections.

Highways Development Control: No objections, subject to conditions.

Public Rights of Way: There are no objections to the application subject to conditions which include warning signs for pedestrians, limit the number of vehicle movements per hour, and close the road on weekends and bank holidays when the path will be most in use by the public. However, if it becomes apparent that pedestrians will not be safe, the applicant will need to apply to close the route temporarily.

Ramblers Association: No response received.

Yorkshire Water: No comments.

Severn Trent Water: No comments.

DMBC Tree Officer: No objections in principle, subject to conditions.

Yorkshire Wildlife Trust: No response received.

Natural England: No objections in principle subject to conditions.

DMBC Ecologist: No objections in principle, subject to conditions.

South Yorkshire Archaeology: No response received. An update will be provided at the Planning Committee meeting.

7.0 Relevant Policy and Strategic Context

7.1 Planning policy relevant to the consideration of this application includes:

National Planning Policy Framework (NPPF)

Section 8: Promoting healthy communities Section 9: Protecting Green Belt land Section 11: Conserving and enhancing the natural environmentSection 12: Conserving and enhancing the historic environment

Doncaster Core Strategy

CS3: CountrysideCS9: Providing Travel Choice CS15: Valuing our Historic EnvironmentCS16: Valuing our Natural Environment

Doncaster Unitary Development Plan 1998 (UDP)

ENV3: Green Belt PoliciesENV17: Areas of Special Landscape ValueENV21: Trees and WoodlandsENV38: ArchaeologyENV41: Sites of Regional/ Local Importance for Nature ConservationENV59: Protection of TreesM3: Safeguarding Areas and Buffer Zones

8.0 Planning Issues and Discussion

Principle of Development

8.1 The proposal is to upgrade and extend a former quarry road through Levitt Hagg Wood, Sprotbrough. The permission would be for a temporary period of 18 months and used for construction traffic in order to build a fish pass on the side of the weir. Such proposals would normally be considered as inappropriate because the land is designated Green Belt and the access cuts through woodland that has an ecological and recreational value.

8.2 Green Belt policy is to restrict development in order to protect the integrity and openness of the countryside. Planning policy advises that local planning authorities should plan positively to enhance the beneficial use of the Green Belt, such as looking for opportunities to provide access; to provide opportunities for outdoor sport and recreation; to retain and enhance landscapes, visual amenity and biodiversity; or to improve damaged and derelict land. 8.3 This proposal goes against the spirit of green belt policy and as such it is classed as inappropriate development. To consider an approval of the application, the applicant would need to demonstrate very special circumstances.

8.4 The circumstances of the application are to build a fish pass on Sprotbrough Weir. The applicants are British Waterways and they are facilitating the development of the fish pass on behalf of the Environment Agency. A fish pass allows fish within the weir to travel upstream or downstream where there is a change in water level. The fish pass is required as part of achieving the terms of The European Water Framework Directive. The European Water Framework Directive became part of UK law in December 2003 and focuses on the protection and enhancement of ecology. Fish passes are critical to achieving this Directive and are being implemented on many waterways around the country. Sprotbrough Weir is the first barrier for fish when migrating from the Humber Estuary into the River Don and as such is a key site to build a fish pass. It should be noted that the application relates to the access only because the fish pass does not require planning permission.

8.5 Access to the weir is limited due to vehicle restrictions and safety of nearby roads. Mill Lane is the nearest road but it is a steep road with a hair pin bend and has weight restrictions. The applicant looked at other options including construction by boat but this was discounted on cost and sustainability grounds. The only feasible way to get to the Weir is therefore via the quarry entrance at Warmsworth then along the old quarry track through Levitt Hagg Wood.

8.6 Given the requirement of the fish pass under the European Water Framework Directive and its ecological improvement to the weir plus the detailed consideration by the applicant to find an alternative access, officers consider very special circumstances to exist. Therefore, Green Belt policy is being adhered to. Furthermore, the access is for a temporary period of 18 months and includes a restoration scheme; therefore the harm to the Green Belt is short term.

Recreation

8.7 Levitt Hagg Wood has a recreational value to the surrounding Sprotbrough Weir and Don Gorge area. The wood has a path running through it and is popular with walkers and cyclists. The applicant does not intend to close the path or the wood but the use of it for construction vehicles will cause a disruption and likely to discourage the public from using the wood in the short term.

8.8 Whilst this application cannot prevent the disruption in its entirety, the applicant has agreed to a number of conditions to minimise disruption. These conditions include:

_ Limit the number of vehicle movements to 50 per day (25 each way)._ Erect signage to warn the public of construction traffic._ Close the road to traffic on weekends and bank holidays which is when the public are most likely to use the path. _ The land will be cleared and tidied up within two months of the use ceasing. This will ensure there is no long term harm.

8.9 On balance, the short term disruption is outweighed by the ecological benefits to the weir and there is no long term harm.

Ecology

8.10 The site overall has a high ecological value and part of the site falls within a Site of Special Scientific Interest (SSSI). National and Local planning policy requires developments to protect and enhance the natural environment and minimise impacts on bio-diversity.

8.11 The Councils Ecologist and Natural England have been involved in this application from the outset. Both consultees raise no objections.

8.12 The applicant submitted an ecology survey and this looked at the value of the site for wildlife and nature conservation and an assessment of protected species. The report concluded there would be an impact to wildlife and nature conservation but this can be minimised and mitigated in the long term. After the track has ceased use, the applicants have agreed to carry out compensatory work including planting and management plans. The report and recommendations have been accepted by the Councils Ecologist and Natural England, subject to conditions.

8.13 In light of the above, the proposal complies with Section 12 of the NPPF, Policy CS16 of the Core Strategy and saved Policy ENV41 of the Doncaster Unitary Development Plan 1998.

Trees

8.14 To consider the impact on trees, a tree survey was carried out. The tree survey identified the better trees in the woodland and concluded that the access could be constructed around the significant trees in the woodland. Some small tree loss will occur but this is insignificant because of the small size of the trees. The applicant would also carry out replacement planting after the use has ceased to compensate for any loss. These findings and recommendations have been accepted by the Tree Officer subject to a detailed condition which controls the design and installation of the road against the protection of the woodland. Therefore, there is no conflict with tree policies CS16, ENV21, ENV59 and Section 12 of the NPPF.

Highways

8.15 Access is via a quarry entrance off Warmsworth Road. This entrance was designed to withstand articulated vehicles and has good visibility so the construction traffic does not cause any highway safety issues.

8.16 With regards to the quarry track, a number of conditions will be imposed to ensure safety for construction traffic and pedestrians. The conditions are:

Vehicle speeds are limited to 5mph on the footpath section and in the narrow placesVehicle movements are limited to 50 per day (25 each way) A passing place will be installed. The access track will be signposted to warn pedestrians of construction traffic.

8.17 The above restrictions will ensure safety of the track for pedestrians and traffic. The Public Rights of Way team have also informed officers that if safety of pedestrians does become an issue, the applicant would have to close the footpath. This can be monitored throughout the lifetime of the scheme.

8.18 Finally, Warmsworth Parish Council raised two highway matters. Firstly, the Parish Council are concerned that the ground is too soft to withstand traffic but this will be checked by the Council's Highways Team and is a condition of the planning approval. The second concern is the vehicle movements for the site clearance. The site clearance will be carried out within two months after the use ceases and vehicle movements will remain restricted to 50 per day (25 each way).

Archaeology

8.19 On the site stood a flint mill since at least 1705 and demolished in the 1930’s. Some of the remains can still be seen on the site. An archaeological assessment concludes that the development will almost certainly impact on the remains. South Yorkshire Archaeology has been asked to give advice on the archaeological impact and whether conditions can prevent any detriment to archaeology. Members will be updated on the day of planning committee with the response from South Yorkshire Archaeology.

Summary and Conclusion

9.1 The proposed access track will be used to facilitate a development that has a positive impact on the ecology of Sprotbrough Weir. There will be a short term impact to Levitt Hagg Wood in terms of its impact on the natural environment and recreational value. However, this impact will be mitigated by compensatory works after the development. Finally, given the short term use of the proposal and the very special circumstances identified by the applicant, there is no conflict with Green Belt policy.

Recommendation

10.1 GRANT Full Planning Permission subject to the following conditions:-

01. STAT1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission. REASONCondition required to be imposed by Section 91(as amended) of the Town and Country Planning Act 1990.

02. U33798 The use hereby permitted shall be for a limited period of 18 months. The 18 month period shall begin from the date development commences and this date shall be agreed in writing with the Local Planning Authority at least two weeks before. At the end of this period, the use hereby permitted shall cease, all materials and equipment brought on to the land in connection with the use shall be removed, and the land restored in accordance with a scheme to be submitted and approved in writing with the Local Planning Authority.

REASONThe use hereby approved is not considered suitable as a permanent form of development to safeguard the green belt, the recreational value of the woodland, trees and ecology and to comply with sections 8, 9 and 11 of the National Planning Policy Framework, Policies CS3, CS9 and CS16 of the Doncaster Core Strategy and saved Policies ENV3, EN17, ENV21, ENV41 and ENV59 of the Doncaster Unitary Development Plan 1998.

03. U33799 Before the use ceases, the timescales to clear and restore the site shall be submitted and agreed in writing with the Local Planning Authority. The scheme shall then be implemented in accordance with the agreed details. REASONTo ensure the woodland is restored within an appropriate timeframe.

04. U33801 The use is subject to the following restrictions:

1. Vehicle movements are limited to 50 per day (25 each way). The applicant shall keep a detailed log of these movements and this record should be made available to the Local Planning Authority upon request.2. Vehicle speeds are limited to 5mph on the footpath section and in the narrow places. 3. The access track is closed to traffic on Saturdays, Sundays and Bank Holidays.4. There shall be no vehicular access from Mill Lane.

REASONIn the interests of highway and pedestrian safety.

05. U33802 Prior to the use commencing, signage shall be erected along the access track to warn pedestrians of construction traffic, details of which shall be agreed in writing with the Local Planning Authority prior to development commencing. The signage shall be removed within 2 months of the use ceasing. REASONIn the interests of pedestrian safety.

06. U33803 Prior to development commencing, details of at least one passing place including size and location shall be agreed in writing with the Local Planning Authority. The passing place shall be constructed before the use commences and remain useable for the lifetime of the permission. REASONIn the interests of highway and pedestrian safety

07. HIGH8 Details of wheel washing facilities for construction traffic connected with the development hereby permitted shall be submitted to and approved in writing by the local planning authority and shall be

installed before the development hereby approved is commenced and once installed shall be used to prevent mud and other debris being deposited on the highway during the construction of the development.REASONIn the interests of road safety.

08. U33804 The section of access road to be constructed shall be designed to the appropriate standard to accommodate the loadings of construction traffic. The design details to be submitted to the Local Planning Authority for approval before works commence on site.REASONIn the interests of highway safety

09. U33805 Prior to development commencing, but excluding vegetation clearance the following details shall be submitted to and approved in writing with the Local Planning Authority:

1.The timing of works. This could be presented as a rough indication of when different stages of the works will likely start and finish, taking into consideration any time constraints.

2. The construction methodology. This should include details on precautionary working methods, mitigation of adverse weather conditions, how plant and machinery will gain access to the SSSI, and where materials used will be stored 3. How the recommendations, as set out in the Sprotbrough Fish Pass Ecology Report, will be implemented. REASONTo ensure that the proposed development will not be likely to cause damage or disturbance to the above SSSI.

10. U33806 Prior to the commencement of development a method statement will be produced and submitted to the Local Planning Authority for approval in writing that details the following:- How negative impacts on grass snakes will be avoid during the construction of the access track. This shall include details of which activities will be carried out under the supervision of a qualified ecologist.- How the limestone grassland area identified in paragraph 4.2.5 of the Peak Ecology Phase 1 Habitat Survey dated September 2011 will be protected from vehicle movements and storage of materials. - How the Himalayan Balsam will be cleared from affected areas of the site. - What measures will be put in place to ensure that floating pennywort is not spread as a result of the development.The work to construct the access track will then be carried out in accordance with the details in the approved version of the ecological method statement.

REASONIn line with ENV 41 and ENV43 to ensure the ongoing ecological interests of the site are maintained.

11. U33807 Prior to the commencement of development a plan detailing the wetland creation works to be undertaken in association with the scheme will be submitted to the local planning authority for approval in writing. This plan shall include details regarding the timing for the implementation of the plan. The wetland creation works will then be implemented in accordance with the approved scheme.REASONIn line with ENV43 to ensure the ongoing ecological interests of the site are maintained.

12. U33808 Within 12 months of the commencement of development a restoration scheme shall be submitted to the local planning authority for approval in writing. This scheme will detail how the route of the access track will be restored once the temporary access track has been removed and will demonstrate how it enhances the ecological value of the area.REASONIn line with ENV43 to ensure the ongoing ecological interests of the site are maintained once the access track is removed.

13. U33809 Prior to the commencement of the development hereby granted an Arboricultural Method Statement for the construction of the access, storage areas and site cabins that complies with section 6 of British Standard 5837: 2012 Trees in Relation to Design, Demolition and Construction - Recommendations shall be submitted to and approved in writing by the Local Planning Authority. Thereafter, no development or other operations shall take place except in complete accordance with the approved Method Statement. The Method Statement shall include full details of the following:_ the working methods to be employed to protect the ground and tree roots during preparation of the ground for the access; _ the design, method of installation and detailed routeing of the access utilising a professionally recognised cellular confinement porous load-bearing system; _ a timescale of implementation, which ensures that the load-bearing base is in position prior to the use of the access; _ a specification for tree work;_ a specification and location of protective barriers; _ details of materials storage areas and site cabins;_ timescale and method of removal and restoration of the access, site cabin and storage areasREASON To protect the roots of retained trees and the ground condition within the SSSI and Local Wildlife Site.

01. U06335 INFORMATIVEUnder the terms of the Water Resources Act 1991, and the Yorkshire Land Drainage Byelaws 1980, the prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the top of the bank of the River Don, designated a ‘main river’.

02. IDNLS INFORMATIVEDEVELOPMENTS NEAR LANDFILLSThe proposed development is within 250 meters of a landfill site about which insufficient information is known to permit an adequate response to be made on the extent to which landfill gas may be present on or off site.Planning permission has been granted on the basis that there is no sound and clear-cut reason to refuse. The applicant is, however, reminded that the responsibility for safe development and secure occupancy of the site rests with the developer and accordingly is advised to consider the possibility of the presence or future presence of landfill gas and satisfy himself of any gas precaution which may be necessary.

Reasons(s) for Granting Planning Permission:

STATEMENT OF REASONS FOR DECISION TO GRANT PERMISSION

The Local Planning Authority has decided to grant planning permission:-

1. Having regard to the policies and Doncaster Council's Core Strategy 2011-2028 and the saved Doncaster Unitary Development Plan 1998 policies set out below, and all relevant material planning considerations:

National Planning Policy Framework

Section 8: Promoting healthy communities Section 9: Protecting Green Belt land Section 11: Conserving and enhancing the natural environmentSection 12: Conserving and enhancing the historic environment

Doncaster Council’s Core Strategy

CS3: CountrysideCS9: Providing Travel Choice CS15: Valuing our Historic EnvironmentCS16: Valuing our Natural Environment

Saved Doncaster Unitary Development Plan

ENV3: Green Belt PoliciesENV17: Areas of Special Landscape ValueENV21: Trees and Woodlands

ENV38: ArchaeologyENV41: Sites of Regional/ Local Importance for Nature ConservationENV59: Protection of TreesM3: Safeguarding Areas and Buffer Zones

2. For the following reasons:

Having taken into account all the planning considerations raised in the consultations and representations, against the policy background referred to above, it has been concluded that the proposed improvement and extension of Levitt Hagg Wood track is acceptable. In particular, the Local Planning Authority is of the view that its accordance with the relevant policies of the National Planning Policy Framework, Doncaster Council's Core Strategy and the saved policies of the Doncaster Unitary Development Plan, justifies the development.

In dealing with the application, the Local Planning Authority has worked with the applicant to find solutions to the following issues that arose whilst dealing with the planning application:

There were a number of matters that were unclear at the time of the submission such as long term maintenance, site clearance and traffic movements. The applicant has submitted further information and answered all outstanding questions in order for the Local Planning Authority to fully understand the impact of the proposal.

Additional information was submitted in relating to ecology.

The proposed access track will be used to facilitate a development that has a positive impact on the ecology of Sprotbrough Weir. There will be a short term impact to Levitt Hagg Wood in terms of its impact on the natural environment and recreational value. However, this impact will be mitigated by compensatory works after the development. Finally, given the short term use of the proposal and the very special circumstances identified by the applicant, there is no conflict with Green Belt policy.

N.B. The foregoing Statement is a summary of the main considerations leading to the decision to grant permission. More detailed information may be obtained from the Planning Officer's Report and the application case file and associated documents, which may be viewed on the Council's Website www.doncaster.gov.uk/planningapplicationsonline.

The above objections, considerations and resulting recommendation have had regard to Article 8 and Article 1 of the First Protocol of the European Convention for Human Rights Act 1998. The recommendation will not interfere with the applicant’s and/or objector’s right to respect for his private and family life, his home and his correspondence.

Appendix 1: Aerial Photo

Appendix 2: Existing Track/ Woodland

Appendix 3: Woodland next to water side