Agenda item

APP/20/00991 - Pipeline from Proposed Reservoir Site, Middle Park Way to land adjacent to, West Street, Havant

Proposal:                Outline application for (matters to be considered outlined in Table 2.2 in the submitted Development Specification)  development of a new pipeline to transfer water from Bedhampton Springs to fill the reservoir in the winter and draw it off to treat and supply when needed in the summer comprising: Construction of an underground, bi-directional pipeline linking the reservoir with the existing pumping station at Bedhampton; Emergency drawdown discharge structure at Hermitage Stream; Upgrades to existing culverts; Washout and air valve chambers (typically below ground).

 

Additional Information

Minutes:

(The site was viewed by the Site Viewing Working Party)

 

Proposal:       Outline application for (matters to be considered outlined in Table 2.2 in the submitted Development Specification)  development of a new pipeline to transfer water from Bedhampton Springs to fill the reservoir in the winter and draw it off to treat and supply when needed in the summer comprising: Construction of an underground, bi-directional pipeline linking the reservoir with the existing pumping station at Bedhampton; Emergency drawdown discharge structure at Hermitage Stream; Upgrades to existing culverts; Washout and air valve chambers (typically below ground).

 

The Committee considered the written report and recommendation from the Head of Planning to grant permission.

 

The Committee received the supplementary information, circulated prior to the meeting which included written deputations submitted on behalf of Havant Climate Change Alliance and Havant Friends of the Earth, on behalf of Havant Brough Tree Wardens and Portsmouth Water;

 

The Committee was addressed by the following deputees:

 

a)               Ms Brooks, on behalf of the Climate Alliance and Friends of the Earth, advised that the main issues had been highlighted in the previous item and in the written submission but also raised the following concerns:

 

              1            it was important that everything should be done to avoid damage or removal of mature and veteran trees in the interest of biodiversity;

 

              2            the green space along the Hermitage Stream should be restored to its former state once the pipeline had been laid;

 

              3            the commitment to future restoration work on Hermitage Stream should be adhered to as a fundamental part of the Water Environment and Mitigation Package; and

 

              4            water flowing through the pipeline could be used to generate electricity

 

b)               Mr Smith, who, on behalf of Havant Tree Wardens, supported the points raised by Ms Brooks;

 

c)               Mr Taylor, who, on behalf of the applicant, highlighted the following issues set out in the written submission:

 

              (1)         the proposal took into account the environmental impact locally;

 

              (2)         it was proposed to avoid damage to tree roots and other natural structures and plants;

 

              (3)         Health and safety measures would be put in place;

 

              (4)         The proposed route would minimise community impact and areas of local space and grass;

 

              (5)         considerable consultation had been undertaken;

 

              (6)         where possible works would be undertaken to improve watercourses; and

 

              (7)         it was proposed to make the construction plan available to the public

 

In response to questions from the Committee, officers advised that:

 

·                         The Highway Authority were aware of the need to avoid conflict with the works for this proposal and the works associated with the AQUIND Interconnector scheme and that they would seek to ensure that there would be minimal disruption to traffic using the roads affected.

 

The Committee discussed the application in detail together with the views raised by deputees.

 

During the debate, some members of the Committee expressed concern about the disruption to be created by the proposed works. However, a majority of the Committee were satisfied that measures would be in place to minimise this disruption.

 

It was therefore:

 

RESOLVED that:

 

i)            the Head of Legal Services be authorised to enter into a S106 Agreement to secure the Heads of Terms set out in paragraph 7.129 of the submitted report,

 

ii)           application APP/20/00990 be granted permission subject to:

 

              (A)         the completion of the Section 106 Agreement as set out in paragraph 7.129 of the submitted report; and

 

              (B)         the conditions set out below (subject to such changes and/or additions that the Head of Planning considers necessary to impose prior to the issuing of the decision)

 

                            1.      The development must be begun not later than five years beginning with the date of this permission.

 

                                      Reason: To comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

                            2.      No part of the development hereby approved in outline shall be commenced until an application or applications for written approval of the details of the route of the pipeline and the siting, scale and external appearance of the emergency drawdown discharge structure, and landscaping (hereinafter called "the reserved matters") have been submitted to and approved by the Local Planning Authority.   Application(s) for approval of the matters reserved by this planning permission must be made not later than the expiration of 5 years from the date of this decision notice; and Development must be begun not later than the expiration of 2 years from the final approval of reserved matters for the relevant phase, or, in the case of approval on different dates, the approval of the last such matter to be approved.  

 

                                      Reason: The application was submitted as part outline part full application in accordance with the provisions of Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995 and in accordance with the provisions of Section 92 of the Town and Country Planning Act, 1990.

 

                            3.      The development hereby permitted shall be carried out in accordance with the approved plans and documents listed below:

 

                                      Drawings

 

                                    HTR-ATK-ZZ-ZZ-GS-Z-0140 Site Location Plan

                                    HTR-ATK-PI-BR-DR-C-0009 Overall Plan and Route

                                    HTR-ATK-PI-BR-DR-C-0021 Red Line Boundary Drawing (Ch0-1600)

                                    HTR-ATK-PI-BR-DR-C-0022 Red Line Boundary Drawing (Ch1600-3200)

                                    HTR-ATK-PI-BR-DR-C-0023 Red Line Boundary Drawing (Ch3200-4500)

                                    HTR-ATK-PI-BR-DR-C-0014 Site Plan (Ch0-800)

                                    HTR-ATK-PI-BR-DR-C-0015 Site Plan (Ch800-1600)

                                    HTR-ATK-PI-BR-DR-C-0016 Site Plan (Ch1600-2400)

                                    HTR-ATK-PI-BR-DR-C-0017 Site Plan (Ch2400-3200)

                                    HTR-ATK-PI-BR-DR-C-0018 Site Plan (Ch3200-4000)

                                    HTR-ATK-PI-BR-DR-C-0019 Site Plan (Ch4000-4564)

                                    HTR-ATK-PI-BR-DR-C-0010 Typical Stream Crossing Detail

                                    HTR-ATK-PI-BR-DR-C-0011 Typical Pipeline Construction Detail

                                    HTR-ATK-PI-BR-DR-C-0012 Typical Under Track Crossing Detail

                                    HTR-ATK-PI-BR-DR-C-0013 Hermitage Discharge Structure Detail

                                    HTR-ATK-PI-BR-DR-C-0020 Typical Culvert Detail

 

                                    Documents

 

                                    Engineering and Design Report

                                    Planning Statement

                                    Development Specification

                                    Environmental Statement (Volumes 1 - 4) including Non-Technical Summary. The Volume 4 Appendices include the following standalone reports:

                                    Outline Construction Environmental Management Plan including Record of Environmental Actions and Commitments or REAC (ES_Volume_4_Appendix_A2.1_OEMP)

                                    Transport Assessment (ES_Volume_4_Appendix_A13.1_TA)

                                    Flood Risk Assessment (ES_Volume_4_Appendix_A15.2_FRA)

                                    Water Framework Directive Compliance Assessment (ES_Volume_4_Appendix_A15.1_WFD)

                                    Arboricultural Impact Assessment (ES_Volume_4_Appendix_A9.14_AIA)

                                    HTR-ATK-RZ-RE-DR-L-113 Revised Tree Protection Plan Sheet 37 of 40 (revP01.1)

                                    Design and Access Statement

                                    Statement of Community Involvement

                                    Outline Biodiversity Mitigation and Compensation Strategy

                                    Article 4.7 Statement

 

                                    ADDITIONAL INFORMATION SUBMITTED FEBRUARY 2021

 

                                    A Summary of the Benefits of Havant Thicket Resevoir

                                    HTR TNPS02 Traffic Distribution Sensitivity revision_V2.0 dated 25/01/2021

                                    HTR TNPS03 Report on Northern Access Layout dated 29/01/2021

                                    HTR Water Framework Directive Article 4.7 29/01/2021

 

                                    ADDITIONAL INFORMATION SUBMITTED APRIL 2021

 

                                    Access for Non Motorised Users - Technical Note dated 01/04/2021

                                    Access Strategy, Rat Running and Construction Management - Technical Note dated 01/04/2021

                                    Framework Construction Management Plan dated 31/03/2021

                                    Article 4.7 Shortlisting Methodology dated 01/04/2021

                                    Transport Assessment Addendum - Framework Travel Plan dated 01/04/2021

                                    Implementation Plan for Off Site Biodiversity Mitigation and Compensation dated 01/04/2021

 

                                      Reason: For the avoidance of doubt and in the interests of proper planning.

 

                                      Phasing

 

                               4.      Prior to the commencement of development, a detailed phasing plan for the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved phasing plan and no variation shall be made without the prior written approval of the Local Planning Authority. Approval will not be given if, in the reasonable opinion of the Local Planning Authority, the proposed variation creates new environmental impacts which exceed the range or scale of those measured and assessed in the Environmental Statement (including the further information) and which the Local Planning Authority considers may require further or additional mitigation measures.

 

                                        Reason: The Environmental Impact and merits of the proposed development have been assessed on this basis.

 

                               Construction Environmental Management Plan

                               5.      No phase of the development approved under Condition 4 shall commence until a phase specific Construction Environmental Management Plan for that parcel has been submitted to, and approved in writing by the Local Planning Authority. The CEMP shall be based upon, and be in broad accordance with, Volume 4 Appendix A2.1 of the application Environmental Statement (Outline Environmental Management Plan).  It should demonstrate that the risk to controlled waters will be appropriately managed, and include both temporary and permanent construction features and detail information on locations of proposed techniques such as cofferdams, culverting and piping and the associated flood risks and mitigation measures. The development shall be carried out strictly in accordance with the approved details. 

 

                                        Reason: To ensure that the construction process is carried out in a manner which will minimise disturbance, pollution & nuisance to neighbouring properties or within the public realm. To avoid inappropriate parking practices, and turning and manoeuvring of construction vehicles which adversely impact either the use- or safety- of the public highway. This condition is imposed having due regard to policies DM10 & CS15 (Havant Borough Local Plan (Core Strategy) 2011), and the National Planning Policy Framework 2019.

 

                               Highways and amenity

 

                               6.      No phase of the development approved under Condition 4 shall commence until a Construction Method Statement (CMS) for that phase has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details.

 

                                        Reason: To ensure that the construction process is carried out in a manner which will minimise disturbance, pollution & nuisance to neighbouring properties.

 

                               Construction Traffic Management Plan (CTMP)

                               7.      A) No development shall take place until a Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing by, the Local Planning Authority (in consultation with Hampshire County Council as local highways authority). B) No phase of the development approved under Condition 4 shall commence until a phase specific CTMP for that parcel has been approved in writing by the local planning authority. The CTMP(s) shall include all commitments set out in the Framework CTMP, dated 31/03/2021, submitted with the planning applications and will include a Construction Traffic Management Strategy and Construction Worker Travel Plan. The CTMP shall include the following:

        Vehicle routing plans

        proposed programme and duration

        number of construction personnel including travel arrangements and mitigation where necessary

        alterations to the highway, including temporary and / or permanent, to enable construction

        details of the number of construction and delivery vehicles using the public highway (no abnormal loads are anticipated at this stage)

        traffic management details

        compounds and laydown area details

        highway condition surveys

        methods for managing the site to prevent mud onto the highway

        details of on-site contractor parking.

 

                                        The CTMP shall be implemented in accordance with the approved details.

     

                                        Reason: To ensure the safe and efficient operation of the highway network.

 

                               8.      No phase of the development approved under Condition 4 shall commence until a phase specific Traffic management and construction measures for that parcel has been submitted to, and approved in writing by, the Local Planning Authority. This shall include the following:

 

                                      a)      Vehicular, pedestrian and cyclist diversion plans

                                      b)      Details of type of traffic management

                                      c)      Details of highway reinstatement

                                      d)      Construction methodology and details

                                      e)      Material and spoil storage

 

                                      The development shall be implemented in accordance with the approved details.

                                      Reason: To ensure the safe and efficient operation of the highway network.

 

                            9.      No construction on the pipeline site shall take place outside the hours of 08:30- 18:00 Monday to Friday, 09:00-13:00 on Saturday and no Sunday working, except works on the adopted highway, where alternative arrangements are to be agreed between the Highway Authority and Local Planning Authority, with the exception of specific works that shall have been agreed in writing with the Local Planning Authority in advance and shall include details of the task, the date and duration of works. No works shall take place on Bank or Public Holidays.

 

                                      Reason: In the interests of the amenities of local residents.

 

                            10.    No phase of the development approved under Condition 4 shall commence until a revised and updated assessment of potential noise and vibration arising during construction shall be prepared in accordance with BS 5228-1:2009+A1:2014. The assessments shall include likely eligibility for noise insulation or temporary re housing and shall be submitted to and approved in writing by the Local Planning Authority and construction carried out in accordance with the agreed recommendations.

 

                                      Reason: To minimise potential noise impacts on nearby sensitive receptors.

 

                            11.    Subject to Condition 10 [ABOVE], no night time working shall take place, except works on the adopted highway, where alternative arrangements are to be agreed between the Highway Authority and Local Planning Authority, unless otherwise in accordance with a scheme submitted to and approved in writing by the Local Planning Authority. Night-time works to be carried out strictly in accordance with the approved scheme.

 

                                      Reason: To avoid potentially significant impacts of noise and vibration upon residential receptors.

 

                            Archaeological Evaluation (Written Scheme)

                            12.    No phase of development approved under Condition 4 hereby approved shall commence until an Archaeological Management Plan (AMP) has been submitted to, and approved in writing by, the Local Planning Authority.  The AMP will provide appropriately for all aspects of archaeological recording and will serve as an over-arching Written Scheme of Investigation for all archaeological works.

 

                                      Reason: To record important archaeological features.

 

                            Archaeological Evaluation (Programme)

 

                            13.    No development within a Development Phase shall commence until the applicant has submitted, and the Local Planning Authority has approved, a written scheme for the programme of archaeological mitigation within that Development Phase area. The programme for archaeological mitigation shall then be implemented in accordance with the agreed written scheme.

 

                                      This condition may be discharged on an individual Development Phase basis or on a section by section basis.

 

                                      Reason - To mitigate the effect of the works associated with the development upon any heritage assets and to ensure that information regarding these heritage assets is preserved by record for future generations. This is a pre-commencement requirement because of the need to secure satisfactory archaeological protection in advance of each individual Development Phase commencing.

 

                            Archaeological Evaluation (Recording)

 

                            14.    No development within a Development Phase shall commence until the applicant has submitted, and the Local Planning Authority has approved in writing, a Written Scheme for recording all historic assets within that Development Phase area. The recording of all historic assets shall then be implemented in accordance with the agreed scheme.

 

                                      This condition may be discharged on an individual Development Phase basis or on a section by section basis.

                                      Reason - To mitigate the effect of the works associated with the development upon any heritage assets and to ensure that information regarding these heritage assets is preserved by record for future generations. This is a pre-commencement requirement because of the need to secure satisfactory archaeological protection in advance of each individual Development Phase commencing.

                           

                            Archaeological Evaluation (Publishing)

                           

                            15.    Following completion of archaeological fieldwork within a Development Phase, a report shall be produced in accordance with an approved programme including, where appropriate, post-excavation assessment, specialist analysis and reports, publication and public engagement related to that Development Phase area and submitted to the Local Planning Authority.

 

                                      This condition may be discharged on an individual Development Phase basis or on a section by section basis.

 

                                      Reason - To contribute to the knowledge and understanding of past uses and activities on site by ensuring that opportunities are taken to capture evidence from the historic environment and to make this publicly available.

 

                            Landscape

                           

                            16.    Any reserved matters application for layout or landscaping submitted pursuant to Conditions 2 and 4 shall include:

 

                                      a)      The submission of a Tree Survey and updated Arboricultural Impact Assessment (including a Tree Constraints Plan), Arboricultural Method Statement and Tree Protection Plan showing the tree or group of trees, the Root Protection Area(s) and the crown spread(s) in relation to the proposed development. All tree root protection areas identified, shall be protected by protection fencing in accordance with BS 5837:2012.

 

                                      b)      The approved tree protection measures shall be implemented before any equipment, machinery, or materials are brought on to the site in connection with the works. They shall be retained intact for the duration of the construction works and shall only be removed or altered following completion of that phase.

 

                          c)      A landscaping reinstatement scheme for all open parts of the site, where loss occurs due the development, which shall include the planting and maintenance of a number of semi-mature native broad leaf trees (UK grown and sourced in line with current biosecurity guidelines) to be planted in a sustainable location as per the British Standard guidelines. The information shall include:

 

                                               i)       Written specifications (including cultivation and other operations associated with plant and grass establishment,

                                               ii)      Planting methods, tree pits & guying methods,

                                               iii)      Schedules of plants, noting species, planting sizes and proposed numbers/densities where appropriate,

                                               iv)     Retained areas of grassland cover, scrub, hedgerow, trees and woodland,

                                               v)      A timetable for implementation of the soft and hard landscaping works.

 

                                               The scheme of Landscaping Works shall be implemented in accordance with the approved timetable. Any plant which dies, becomes diseased or is removed, within 10 years shall be replaced with another of similar type and size, unless otherwise agreed in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details and retained thereafter.

 

                                               Reason: To preserve the amenity visual amenity of the locality.

 

                                      Flood risk and drainage

 

                                      Contamination

 

                                      17.    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 a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.

 

                                               Reason: To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. In line with paragraph 170 of the National Planning Policy Framework.

                                     

                                      Flood risk

                                     

                                      18.    The development shall be carried out in accordance with the submitted flood risk assessment (ref HTR-ATK-XX-XX-RP-Z-0042, titled A15.2 Flood Risk Assessment Report, compiled by Atkins on behalf of Portsmouth Water Ltd dated 01/09/20) and the mitigation measures it details. These mitigation measures shall be fully implemented prior to operation and subsequently in accordance with the scheme’s timing/phasing arrangements. The measures detailed throughout the FRA shall be retained and maintained thereafter throughout the lifetime of the development.

                                               Reason:

 

• To reduce the risk of flooding to the proposed development and future occupants

• To ensure flood risk off site is not increased as a result of the proposed development in line with paragraph 163 of the National Planning Policy Framework.

 

                                      19.    No phase of the pipeline development approved under Condition 4 shall commence until a detailed scheme, to ensure the development will not increase the risk of flooding, has been submitted to, and approved in writing by, the local planning authority. Specifically, further details should be provided where relevant to that phase including:

  Detailed information on the proposed emergency drawdown discharge structure.

  Detailed information surrounding the proposed upgrading of the culverts, in order to not increase flood risk associated with the Emergency discharge and as detailed in table 4.2 and section 4.17 of the FRA

  Detailed information including the long term maintenance scheduled for the proposed development, including but not limited to the proposed pipeline and culverts.

  Detailed information for the crossing of watercourses where these are proposed.

 

                                               The scheme shall be fully implemented and subsequently maintained, in accordance with the scheme’s timing/phasing arrangements, or within any other period as may subsequently be agreed, in writing, by the Local Planning Authority.

 

                                               Reason: To reduce the risk of flooding to the proposed development and its future users. This is in line with paragraph 163 of the National Planning Policy Framework.

 

                                      20.    Prior to construction of the development approved under Condition 4 above, an On-site Emergency Flood Plan shall be submitted to, and agreed in writing by, the Local Planning Authority. The development shall be carried out in accordance with the details approved.

 

                                               Reason: To ensure that residual flood risks on site are safely managed in accordance with the NPPF.

                                     

                                      Ecology

                                      21.    No phase of the development approved under Condition 4 shall commence until full details of all ecological mitigation, compensation and enhancement measures (to be informed as necessary by up-to-date survey and assessment) and on-going monitoring of mitigation measures required for each reserved matters application (including both ecological works directly related to that Development Phase reserved matters area and any works associated with that area but lying outside of the boundary of that area) shall be submitted for approval to the Local Planning Authority. Such details shall be in accordance with the ecological mitigation, compensation and enhancement measures detailed within the Outline Biodiversity Mitigation and Compensation Strategy (ECOSA, September 2020), the Habitats Regulations Assessment (Atkins/Portsmouth Water, September 2020) and the Implementation Plan for Off Site Biodiversity Mitigation and Compensation (Atkins, April 2021. Any such approved measures shall thereafter be implemented in strict accordance with the agreed details and with all measures maintained in perpetuity, unless otherwise agreed in writing by the Local Planning Authority.

 

                                               Reason: To protect and enhance biodiversity in accordance with the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, NERC Act 2006, NPPF and Policy CS 11 of the Havant Borough Core Strategy March 2011.

 

                                      22.    An Ecological Clerk of Works (ECoW) shall be appointed, to be full time on site during site preparation and clearance and during any works in sensitive areas, and to undertake regular monitoring visits throughout the construction programme.

 

                                               Reason: To protect and enhance biodiversity in accordance with the Conservation of Habitats and Species (Amendment) (EU Exit) Regulations 2019, NERC Act 2006, NPPF and Policy CS 11 of the Havant Borough Core Strategy March 2011.

 

                                               Reason: For the avoidance of doubt and in the interests of proper planning.

 

[The votes on the resolution were recorded as follows:

 

For Councillor Crellin, Hughes, Patel, Linger

Abstention: Councillor Patrick

Against: None]

Supporting documents: