| Item No:01
APPLICATION NO. 03/00408/FUL
TYPE Full Application
EXPIRY DATE 7 April 2003
WARD Bathavon South
PARISH Freshford
Area of Outstanding Natural
BeautyGreenbelt
APPLICANT The Secretary (Hilary
Hammill) The Freshford Mill Assoc.
PROPOSAL Creation of rural
recreation area, nature sanctuary and workshops as amplified by
letters and plans received 10.3.2003 and 5.1.2004
SITE LOCATION Freshford Mill,
Freshford, Bath, BA2 7WH
DESCRIPTION OF SITE AND APPLICATION
Members will recall that this
application was considered by the Committee in March last year and was
approved in principle subject to conditions and subject to the
applicants entering into a Section 106 Agreement with the Council to
secure the provision of Environmental Management Plan to cover certain
aspects of the development referred to below. The applicants' agents
have been in consultation with your officers and have already prepared
a draft of the Plan which the officers are considering.
It has however transpired in the
interim that the owners of the site who would have to be party to such
an agreement are unwilling to co-operate deeming the scheme unviable.
In these circumstances an agreement cannot be concluded but further
clarification of the position has been requested from the applicants.
Members will recall that the site
owners proposed several alternative schemes for residential/business
uses two of those are subject to an appeal Inquiry in April 2005.
The applicants however still wish to
pursue their scheme and wish to explore the possibility of securing
the Environmental Management Plan through a planning condition
instead.
The use of an obligation through a
Section 106 Agreement would give the Authority greater control over
the required measures and works. However your officers have again
looked at the advice in Government circulars 11/95 (Conditions) and
1/97 (Planning Obligations). They are of the view that a procedure
through conditions could in this instance be acceptable as the only
other alternative would be the refusal of permission.
The previous report is reproduced
below with adjustments to take account of the changed circumstances.
Members will recall that Freshford
Mill is a disused former industrial site situated in the Frome Valley
south of Sharpstone and south-west of Freshford. The village of
Westwood and the hamlet of Iford lie to the south east in West
Wiltshire. The site was used until 1993 by Peradins for the
manufacture of rubber components for the car industry. Since the firm
relocated to their new premises in Trowbridge the site has been
essentially empty (but for a token informal use up until 1995). Its
use as General Industrial premises within Class B2 of the Use Classes
Order however continues to be lawful.
The site comprises a mixture of
buildings the oldest dates back to the 17th century (former mill
owner's house with late Elizabethan mullioned windows), three major
blocks from the late 18th/early 19th centuries, all in natural stone
and clay tile or slate, and three more modern buildings from the
1950's, and following fires at the site, relatively recent office
block and warehouse (both built in the 1980's). Several of the
buildings are linked by covered additions of more recent origin. The
site features a mill channel with an internal wheel although a
narrower mill leat was blocked many years ago. Approximately one
(eastern) half of the site area (1.34 hectares in total) is a surfaced
car park which also contains a disused former sewage plant.
It is believed the factory at its peak
employed in excess of 160 people although shortly before its closure
this number was reduced to around 60. The car park capacity is at
present 128 spaces.
The proposal entails the demolition of
the modern buildings at the front of the site with the exception of
the more recent former office block, effective sealing off of the old
core of the mill to create a nature conservation sanctuary, and
reclaiming the site of the demolished buildings and the existing
hardstanding as a landscaped rural recreation area with picnic tables
and internal walkways through the site.
The applicants see their proposal as a
viable alternative to the proposed redevelopment of the site by the
present owners for residential/business uses. They commissioned a
report from a firm of environmental consultants and landscape
architects to support their scheme. The report addresses the key issue
dealing with the designation of the site (Green Belt, Cotswold AONB),
landscape ecology, hydrology (including flooding) and soil pollution.
It also proposes a low-key use of the only modern building to remain,
to provide 220 sq metres of low-key workshop space with associated car
parking to the rear.
The old core of the site would be
sealed off by means of natural stone walls and with a solid gate
providing the sole means of access to the area for periodic
inspections and maintenance. There would be no public access to this
part of the site. The sanctuary to be created here would benefit
primarily several species of bats (protected species) which are known
to occupy several buildings, otters and various bird species are also
present in this locality and could benefit from this sanctuary.
The applicants have been in close
contact with the Environment Agency in respect of the flooding and
contamination issues on the site which have been addressed through
negotiations. The public area of the site would be substantially
landscaped with reinforcement of hedges; provision of wild flower
areas, open grass area and mounding (from the materials reclaimed from
the demolition) including a raised viewing area. A long-term
maintenance management plan is also proposed.
As stated above the applicants'
consultants have prepared a draft Environmental Management Plan which
would cover the following issues:
a) Nature Conservation and habitat
protection
b) Flood Risk assessment and foul and
surface water disposal
c) Highway aspects (traffic
generation, parking, access controls)
d) Long-term landscape maintenance
e) Funding for the scheme
f) Management phasing
g) Long-term management of the site
CONSULTATIONS AND REPRESENTATIONS
FRESHFORD PARISH COUNCIL: The Parish
Council, on behalf of the residents, fully support this imaginative
and exciting proposal. The application costs has been totally funded
by parish residents, which illustrates the strong community support.
An public exhibition of the plans was
held by the Parish Council on 5 March 2003 and 62 residents attended,
the majority of whom commented on the proposals in the book for
comments which was provided.
The major comments picked up on the
benefits of the proposal included:
- the amenity value of such a site to
the community, particularly for children
- the peace and tranquillity of this
valley site would be restored and preserved for future generations
- the provision of workshops was
viewed favourably as providing a very good amenity for local people
- the removal of the ugly modern
workshop and office buildings on the site
- non-disturbance to the bats roosting
on site
- preserving the wildlife on the site.
However concern was registered as to
the number of car parking spaces provided and it was felt that the
parking spaces for visitors should be reduced. Several residents also
commented that if the site became very popular, this could lead to
parking on the surrounding lanes.
Other concerns raised, which we
believe could be made conditions on approval of the application, are:
- the on-going management and
maintenance costs of the site should not be borne by the Parish
Council
- security issues need to be
addressed, both on the site boundaries and in particular for possible
night time parking and the attraction the site may have for
unauthorised use by travellers
- the treatment or removal of polluted
spoil from the site.
WEST WILTSHIRE DISTRICT COUNCIL: We
have no observations to make on this application, provided that any
decision is consistent with the relevant development plan policies for
the area.
HIGHWAY DEVELOPMENT TEAM: The
application is supported by a report relating to the objectives,
sustainability and ecological issues etc. It is considered that the
report does not effectively deal with the issues of traffic generation
either for the commercial use or for the recreational use of the site.
Having said that it is recognised that the scale of operation of the
commercial works, i.e. the workshops/offices, whilst increasing the
current level of traffic movements in the local area and the local
network, will in no way approach those associated with any fall-back
situation of previous use. The usual method of assessment of traffic
generation is by use of the TRICS database which assesses the impact
of existing similar types of operation to provide a prediction of
traffic growth. The figure taken for the recent application on this
site was 15.88 per 100 square metres of development. On this basis
some 70 trips per day would be generated. This represents a level of
traffic generation if all the commercial space were to be used as
offices and therefore could be the highest figure.
Similarly there are no data figures
available from TRICS in respect of the level and type of operation
suggested as a picnic or leisure site. It is however considered that
the level of visitors in this location would be greater than
identified due to the local network of footpaths etc. which, to an
extent is recognised in the report where, in para 6.2 reference is
made to the 'many visitors'. The level of potential movement
associated with the site is considered to be higher than that
identified within the application and greater than that currently on
the network, but would be considerably less than that considered
recently in another application. Reference is also made to the
possible import of soil in respect of the creation of the bunds
although this is considered to be relatively low and would be of a
short duration.
Some questions remain to be fully
answered i.e. the full operation of the barrier and the operation of
the 'education room', however it is not considered that there could be
an objection which could be sustained when set against any fall-back
situation related to the previous use of the site. [The determination
of the existence of the fall-back is not considered to form part
Highway's role].
Should there not prove to be such a
fall-back a highway objection is made under policy CH.3 [8] as it is
considered that the resulting increase in traffic would constitute a
material increase on existing.
WESSEX WATER: The above proposal is
not located within a Wessex Water sewered area.
It is advised that your Council should
be satisfied with any arrangement for the disposal of foul and surface
water flows generated by the development.
Turning to water supply, there is a
water main in the vicinity of the proposal. It will be necessary for
the developer to agree a point of connection onto the system for the
satisfactory supply of water for the proposal. This can be agreed at
the detail design stage.
According to our records, there is a
public water main crossing the site. Please find enclosed a copy of
our sewer records indicating the approximate position of the
apparatus. Wessex Water normally requires a minimum, three-metre,
easement width on either side of its apparatus, for the purpose of
maintenance and repair. Diversion or protection works may need to be
agreed.
It is further recommended that a
condition or informative is placed on any consent to require the
developer to protect the integrity of Wessex systems and agree prior
to the commencement of works on site, any arrangements for the
protection of infrastructure crossing the site. We advise that this
should be agreed as early as possible and certainly before the
developer submits to your Council any Building Regulations
application.
It is recommended that the developer
should agree with Wessex Water prior to the commencement of any works
on site.
ENVIRONMENT AGENCY: From the
information that has now been received, the Agency are now in a
position to withdraw the objection contained in our letter dated 19
March 2003, subject to the following:-
As previously indicated, the Agency
does not have fundamental flood defence objections to the proposals
provided any necessary mitigation works are detailed and constructed
in line with a detailed Flood Risk Assessment for the site. Details of
the features such as minimum ground, floor and threshold levels,
access details, construction and flood resistant construction details
for finishes and landscaped areas within floodable areas etc, should
be confirmed by the applicant, and approved by the Local Planning
Authority.
Therefore, the Agency requests that
any grant of permission includes the following formal conditions:-
CONDITION: No development approved by
this permission shall be commended until details of all existing and
proposed finished floor, threshold and ground levels have ben
submitted to and approved in writing by the Local Planning Authority.
The scheme shall be completed in accordance with the approved plans.
REASON:
To ensure that the development is
subject to minimum risk of flooding.
CONDITION: No development approved by
this permission shall be commenced until a detailed scheme for the
provision of flood protection works to any part of the development
below the design flood levels throughout the development has been
submitted to and approved in writing by the Local Planning Authority.
The works shall be completed in accordance with the details and
timetable agreed.
REASON:
To limit the risk of flooding by
ensuring the provision of a satisfactory means of flood protection.
CONDITION: No development approved by
this permission shall be commenced until a scheme for the provision
and implementation of compensatory flood storage works has been
submitted to and approved in writing by the Local Planning Authority.
The scheme shall be implemented in accordance with the approved
programme and details.
REASON:
To alleviate the increased risk of
flooding.
CONDITION: No development approved by
this permission shall be commended until details of all proposed
construction methods and finishes to exterior and internal areas
including walls and floors etc below design flood levels, have been
submitted to and approved in writing by the Local Planning Authority.
The scheme shall be completed in accordance with the approved plans.
REASON:
To ensure that the development
construction and structure is flood resistant and is subject to
minimum risk of damage from flooding.
CONDITION: No development approved by
this permission shall be commenced until details of all access and
egress routes, designed to provide sufficient and safe access above
design flood level to all operational buildings within the
development, have been submitted to and approved in writing by the
Local Planning Authority. The access to any building shall be
completed before occupation of any part of that building, and shall be
constructed in accordance with the approved plans.
REASON:
To ensure that a safe continuous dry
access free of flood risk is provided to all operational areas of the
development.
The Agency should be consulted on any
details submitted pursuant to the above conditions.
I can confirm that the conditions,
informatives and comments contained within pages 2 and 3 of our letter
dated 19 March 2003 remain applicable.
In order for the Agency to monitor its
effectiveness in influencing the determination of planning
applications, a copy of the decision notice for this application would
be appreciated.
AVON AND TRIBUTARIES ANGLING
ASSOCIATION: Support.
LOCAL RESIDENTS: 20 letters of full
support for the scheme.
PLANNING ISSUES
PLANNING POLICY: The site lies within
the Green Belt and Cotswold Area of Outstanding Natural Beauty and
policies WGB.1 and LNC.2 of the Wansdyke Local Plan (WLP) and GB.1 and
NE.2 of the Bath and North East Somerset Local Plan Revised Deposit
Draft (RDD) apply. Demolitions of non-listed buildings outside
Conservation Areas are not normally subject to Planning controls and
would not thus be subject to planning policies. However the site is
archaeologically important and policies CH.11 and BH.12 apply. The
proposal entails a conversion of an existing building and policies
CH.3 and EMP.13 of WLP and ET.9 of RDD would apply. Policies LNC.10A,
10B and 11 of the WLP and NE.7, NE.10, NE.12 of RDD seek to protect
ecological interests. Recreational development are subject are subject
to policies REC.2 and SR.5 respectively. The site has a lawful
employment use and policies EMP.1 and ET.1D respectively seek to
safeguard employment led. Due to known flood risks on the site
policies PH.7 and NE.14 respectively address these issues and policies
PH.2 and ES.15 address contamination issues.
GREEN BELT AND COTSWOLD AREA OF
OUTSTANDING NATURAL BEAUTY: The proposal deals essentially with the
provision of open recreation areas and creation of a natural habitat
for protected species. It would bring physical and visual enhancement
of the site through removal of modern buildings and provision of
substantial landscaping. It would also provide for informal
recreational access to the area. In this respect the proposal fully
accords with the objectives of the policies protecting these
designated areas, seeking their enhancement, and enabling their
recreational use.
The proposed conversion of the former
office block to workshops would fall within the ambit of policies
EMP.13 and ET.9 referred to above and not conflict with these
designations either.
NATURE CONSERVATION: The site has a
colony of lesser horseshoe bats, with other bat species also recorded
locally. Bats are nationally protected and the proposal seeks to
maintain their existing habitat in the retained buildings. It is in
accordance with the relevant nature conservation policies referred to
above and would be supported. As stated above the applicants have
produced an informal Management Plan for the whole site. The
implementation of the Plan can be secured by a condition.
RECREATION AND PUBLIC ACCESS: It is
envisaged the site would be accessible at all times with controls over
the height of vehicles capable of accessing the small car park (with
exception of the proposed business uses who would have special
exemptions). The recreational area would be largely level to ensure
access for the disabled. The site would have low-key security lights
where necessary to allow supervision but without external light
pollution. These issues would also be addressed in the Management
Plan.
FLOOD RISKS AND POLLUTION: The
applicants have been in regular contact with the Environment Agency
and following intensive negotiations the Agency now accepts the
proposal in principle subject to safeguards which could be
conditioned. Although the scheme would not entail larger scale
disturbance of the site which is known to be polluted from its
previous industrial uses, some remediation measures would be necessary
and would again be included in the proposed management plan.
LOSS OF EMPLOYMENT SITE: Policies
EMP.1 and ET.1D respectively seek to protect existing (or vacant)
employment sites. However, in the recently undertaken Land Use Study
(2003) this site did not feature amongst the sites fundamental to the
continued provision of employment floorspace in the district. Indeed
the site has now been vacant for some 10 years and whilst its loss to
employment would be regrettable in an area with few employment
opportunities it would not jeopardise the Council's employment base.
In addition such loss is allowed by the above policies where a
significant environmental gain would accrue from an alternative
development such as this proposal.
PERSONAL CONDITION: This scheme has
been prepared specifically by the applicants to be managed by them or
on their behalf. Had a legal agreement been entered into the long-term
control over the site (which would have applied to successors in
title) would have been secured. As this application seeks to control
the management plan through a condition it would be appropriate for
this permission to be granted personally to the applicants to ensure
adequate controls over the implementation.
CONCLUSION
This proposal is for an alternative
development of the Freshford Mill site with a low-key recreational use
benefiting local ecological interests. A substantial part of the site
would be lost to former employment uses but the resulting
environmental and recreational benefits would outweigh this loss and
would enhance recreational provision in this part of the district and
the Green Belt. Subject to securing the necessary environmental
safeguards outlined above through an Environmental Management Plan
this proposal can be wholeheartedly supported.
RECOMMENDATION
PERMIT with the following conditions:
1 The development hereby permitted
shall be begun before the expiration of five years from the date of
this permission.
Reason: As required by Section 91 of
the Town and Country Planning Act 1990 and to avoid the accumulation
of unimplemented planning permissions.
2 No development shall be commenced
until a hard and soft landscape scheme has been first submitted to and
approved in writing by the Local Planning Authority; such a scheme
shall include details of all walls, fences, trees, hedgerows and other
planting which are to be retained; details of new walls, fences and
other boundary treatment and finished ground levels; a planting
specification to include numbers, density, size, species and positions
of all new trees and shrubs; details of the surface treatment of the
open parts of the site; and a programme of implementation.
Reason: To ensure the provision of an
appropriate landscape setting to the development.
3 All hard and/or soft landscape works
shall be carried out in accordance with the approved details. The
works shall be carried out prior to the occupation of any part of the
development or in accordance with the programme agreed in writing with
the Local Planning Authority. Any trees or plants indicated on the
approved scheme which, within a period of five years from the date of
the development being completed, die, are removed or become seriously
damaged or diseased shall be replaced during the next planting season
with other trees or plants of a species and size to be first approved
in writing by the Local Planning Authority. All hard landscape works
shall be permanently retained in accordance with the approved details.
Reason: To ensure that the landscape
scheme is implemented and maintained.
4 There shall be no external
illumination of the site other than in accordance with a scheme to be
first submitted to and approved by the Local Planning Authority.
Reason: In the interests of the visual
amenity of this rural location.
5 No development shall take place
within the application site until a programme of archaeological work
has been undertaken in accordance with a detailed written scheme of
investigation which has previously been submitted to and approved in
writing by the Local Planning Authority, and the completion of the
approved programme of work has been confirmed in writing by the Local
Planning Authority.
Reason: To ensure that archaeological
deposits and structures are investigated and recorded to an
appropriate professional standard.
6 No development approved by this
permission shall be commenced until details of all existing and
proposed finished floor, threshold and ground levels have ben
submitted to and approved in writing by the Local Planning Authority.
The scheme shall be completed in accordance with the approved plans.
Reason: To ensure that the development
is subject to minimum risk of flooding.
7 No development approved by this
permission shall be commenced until a detailed scheme for the
provision of flood protection works to any part of the development
below the design flood levels throughout the development has been
submitted to and approved in writing by the Local Planning Authority.
The works shall be completed in accordance with the details and
timetable agreed.
Reason: To limit the risk of flooding
by ensuring the provision of a satisfactory means of flood protection.
8 No development approved by this
permission shall be commenced until a scheme for the provision and
implementation of compensatory flood storage works has been submitted
to and approved in writing by the Local Planning Authority. The scheme
shall be implemented in accordance with the approved programme and
details.
Reason: To alleviate the increased
risk of flooding.
9 No development approved by this
permission shall be commended until details of all proposed
construction methods and finishes to exterior and internal areas
including walls and floors etc below design flood levels, have been
submitted to and approved in writing by the Local Planning Authority.
The scheme shall be completed in accordance with the approved plans.
Reason: To ensure that the development
construction and structure is flood resistant and is subject to
minimum risk of damage from flooding.
10 No development approved by this
permission shall be commenced until details of all access and egress
routes, designed to provide sufficient and safe access above design
flood level to all operational buildings within the development, have
been submitted to and approved in writing by the Local Planning
Authority. The access to any building shall be completed before
occupation of any part of that building, and shall be constructed in
accordance with the approved plans.
Reason: To ensure that a safe
continuous dry access free of flood risk is provided to all
operational areas of the development.
11 Before the development hereby
permitted is commenced an Environmental Management Plan for the site
shall be submitted to the Local Planning Authority for approval. Such
Plan shall include inter-alia the long-term ecological, landscape and
overall management of the site, works for flood protection and water
disposal unless incorporated in details to be submitted under
conditions 6 to 8 above, phasing of demolition works and removal of
materials from the site. Thereafter the development shall be carried
out in full accordance with the approved Plan unless a further
variation is approved in writing by the Local Planning Authority.
Reason: The development would have a
significant impact on the environmental interests of the site and the
wider area situation within the Cotswold Area of Outstanding Natural
Beauty and such plan would ensure that this impact is suitably
controlled.
12 The use hereby approved shall enure
only for the benefit of The Freshford Mill Association.
Reason: The development hereby
approved is only acceptable in this location because of the special
circumstances of this site and the specific nature of the proposal
prepared by the applicant. The Local Planning Authority wishes to
retain control over the development and its implementation in
accordance with the agreed Management Plan
FOOTNOTE:
This permission relates to the
documentation and plans date stamped 10.3.2003 and 5.1.2004.
______________________________________________________________________ |
