PROPOSAL: Creation of new access to paddock (to allow field access whilst Severn Trent re-lay the existing sewage pipe and associated works using existing access).

OFFICER RECOMMENDATION: Permit.

62.10         This was an application for the creation of new access to paddock (to allow field access whilst Severn Trent re-laid the existing sewage pipe and associated works using existing access).

62.11         The Planning Officer advised that the application related to a field which was currently used as a paddock to the southeast of Willow Bank Farm and adjacent to Willow Bank Road in Alderton. The existing access would be stopped up and a hedgerow replanted across the existing access points with the new access constructed from tarmac and stone chippings. A Committee determination was required as Alderton Parish Council had objected on the grounds that the proposed access required significant engineering works to land levels and would be harmful to the landscape. She advised that whilst the Parish Council’s concerns were appreciated, the applicant had confirmed there would be no change in levels. Whilst the loss of the part of the hedgerow was regrettable, the ecology report had shown that it was of poor quality and did not qualify as an ‘important hedgerow’; however, in order to compensate for the loss of the hedgerow, the retained sections would be enhanced and new hedgerow planted behind the line of the visibility splay. The Additional Representations Sheet, attached at Appendix 1, provided an update in terms of drainage and explained that the Flood Risk Management Engineer had no objections to the proposal. Overall, there had been no objections received from consultees and it was the view of the Planning Officer that the proposal would not result in any undue harm, therefore it was recommended for permit.

62.12         The Chair invited the applicant’s agent to address the Committee. The applicant’s agent explained that the purpose of the new field gate was two-fold as it allowed the applicant safe access to the site whilst Severn Trent re-laid the sewage pipe and reinstated the land as well as stopping up the existing sub-standard access to provide a new agricultural access. Three points had been raised by objectors in relation to highway safety; flood risk; and ecology and biodiversity net gain. In terms of highways, she noted there had been no objection to the scheme from County Highways and, in fact, the closing of the existing sub-standard access represented betterment. Severn Trent was now well advanced with the works and the new pipe had been re-laid some 10 metres closer to Willow Bank Road which would make it difficult to manoeuvre onto the site between the pipe and the trees on site especially with larger tractors and agricultural machinery. Severn Trent was reinstating the land and the applicant was working with them to provide some tree planting along the brook as well as meadowfield sowing – whilst that was being established the applicant would not be able to cross the replanted area – hence the need for a new access. Referring to flood risk, the applicant’s agent advised that the existing access lay within Flood Zone 3 and the Council’s own policies stated that proposals must avoid areas at risk of flooding – if an improvement to the existing access was being suggested it would be rightly turned down on the grounds of flood risk whereas moving it to the south allowed the provision of a new, safe access outside of the floodplain. Whilst there had been some representations which stated that the access did not flood much, with climate change this would only get worse. In respect of biodiversity net gain, the existing hedge had grown like topsy and encroached onto highways land meaning, for highway safety under the Highways Act, it needed to be removed and the agent was working to agree this with the County Council under licence. There had also been some suggestion of extensive earthworks; however, this was not what was proposed as the access would come into the site by a short distance and then follow the existing contours, as shown on the plans. There was no policy or other objection to the scheme which would improve a substandard highways situation, reduce flood risk and provide considerable biodiversity and ecological improvements as well as allowing continued agricultural use of the land.

62.13         The Chair indicated that the Officer recommendation was to permit the application and he sought a motion from the floor.  A Member noted there was a brick bridge and gate to the right so she questioned whether the photograph shown to the Committee was correct. In response the Development Management Manager confirmed which slide in the presentation was of the existing access. The Member also referred to bird nesting season and asked if the removal of the hedge could be delayed until after that as well as whether the Council could ask for mature planting for the new hedgerow. Another Member questioned whether the ecological report had been done by Officers or by the applicant. In response, the Planning Officer explained that the ecological report had been submitted by the applicant but Officers had fully assessed it and spoken to Ecology Officers who had recommended suitable conditions. The Development Management Manager stated that part of that was to do with the timing of the works.  A Member raised concerns that it had been stated that the hedge would need to be removed regardless of the application rather than just being cut back.  The Development Management Team Leader South stated that the hedge had lost a lot of its form and was currently hanging over the highway.  Another Member indicated that he knew the area well and he had taken note of the concerns raised by the Parish Council. He felt that the hedge was particularly important and should be protected. Another Member agreed with those concerns and also noted there had been a large amount of development in Alderton in recent years with other hedges having been removed affecting the setting of the village and the approach to it, with visibility issues and the look of the tarmac and stone which was proposed also being of concern. She reminded the Committee that this was a Special Landscape Area and, as the application did not comply with Policy LAN1 or LC1 of the Alderton Neighbourhood Development Plan, it should be refused. It was proposed and seconded that the application be refused on the grounds of landscape harm and the impact on the character of the area and, upon being put to the vote, it was

                  RESOLVED          That the application be REFUSED on the grounds of                                          landscape harm and the impact on the character of the area.