HebWeb Forum 2015 - Closure of Little Park
J Thomas's notes, backing up her contribution
Saturday, 31 October 2015
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Land Adjacent to Victoria Road, Hebden Bridge Updated Surveys in Relation to Bats, Breeding Birds & Otters
Prepared for: KLA Builders c/o Ryley & Co. 5 June 2015
"The proposed development has the potential to damage a Dippers nest and if work was undertaken during the breeding season (March – August) then it is probable that eggs or dependant young could be harmed/ destroyed, which would be an offence under the Wildlife & Countryside Act 1981 (as amended)
Despite roost potential being retained there is a high likelihood that if bats were present during the removal of decking and future development then disturbance would occur, which would contravene current legislation and therefore would be classed as a ** licensable activity.
* European Protected Species Mitigation Licence (EPSML) is required to allow any work to legally commence, which would affect bats or their roost. Notwithstanding the granting of a licence, works that would affect a roost cannot take place if a maternity colony is in occupation.
Natural England provides information and guidance about EPSML and the following extract is included in that guidance:-
A licence is needed if the consultant ecologist, on the basis of survey information and specialist knowledge of the species concerned, considers that on balance the proposed activity is reasonably likely to result in an offence under the Conservation of Habitats & Species Regulations 2010 (as amended)
- 5.5 Based on the survey results and the contents of the Conservation of Habitats & Species Regulations 2010 (as amended) it is the opinion of the Tyrer Partnership that an EPSML is required to allow disturbance to bats should they be present. If a licence is not in place and bats are subsequently harmed or their roost affected then an offence under wildlife legislation will have been committed
- Removal of the decking should be undertaken during the months of September – end of October to avoid the bird nesting season and bat hibernation season. Prior to any work being undertaken at the bridge, including the removal of the decking an EPSML should be in place; during this work a bat licensed ecologist should be present to investigate the immediate work area, oversee the work relative to bats and if required under the provision of the EPSML exclude or capture bats. "
The access to the site is over a privately owned road maintained by the owners of properties at Waterside Fold - planning officers report
Objection letter from a Waterside Fold resident clearly states their deeds show that they own the road up to the stone wall and are responsible for its maintenance. They will regard any any attempt to use this area for site materials or construction vehicles as trespass.
Countryside Services (E)
Comment Date: Tue 23 Jun 2015
Further to West Yorkshire Ecology's (WYE) comments of 20th April, I am pleased that otter and bat emergence surveys have been conducted. I note the recorded presence of nesting dippers, roosting Daubenton's (unconfirmed) and common pipistrelle bats. Should planning permission be granted, a European Protected Species Mitigation Licence (EPSML) will be required.
In the main, I consider the revised report to be satisfactory and the recommendations acceptable. However, the report fails to address two issues raided by WYE.
Firstly, although the report mentions the possibility of an adverse impact of 'inappropriate lighting', the impact on otters or bats of the lighting as a result of the proposed development has not been quantified.
Secondly, the application does not include any measures for the maintenance or enhancement of the wildlife corridor as required under paragraph 118 of the National Planning Policy Framework. Such measures could include the installation of permanent bat roosting features within the walls. Suitable boxes are stocked by companies such as Ibstock, Batitat, Schwegler (eg 1FR, 2FR) and Wildcare.
Environment Agency (Waste & Water)
Comment Date: Wed 27 May 2015
Further to our letter of 21 April 2015, we are in receipt of your email of 7 May 2015 and the attached additional information. Having considered this additional information we withdraw our objection to the proposed development subject to a planning condition.
The proposed development will only meet the requirements of the National Planning Policy Framework if the following measures as detailed in design drawings 10132/15/09A and 10132/15/10B, submitted with this application, are implemented and secured by way of a planning condition on any planning permission.
The development permitted by this planning permission shall be carried out in accordance with the approved design drawings 10132/15/09A and 10132/15/10B and the following mitigation measures detailed within the FRA:
- The ground floor finished floor levels shall be set no lower than 105.10m AOD
- The soffit level of the culvert shall be set no lower than 104.0mAOD
- The proposed flood walls shall be tied into existing defences and shall be no lower than 104.8mAOD
- To reduce the risk of flooding to the proposed development and future occupants.
- To reduce the risk of flooding by ensuring the car park is raised above the 1 in 100 year plus Climate Change flood event.
- To mitigate against extreme flooding.
Flood Risk Assessment update
The Flood Risk Assessment dp2/1159, February 2015, should be updated to align with the proposed finished floor levels and bridge soffit levels proposed in design drawings 10132/15/09A and 10132/15/10B.
Consent for works
Under the terms of the Water Resources Act 1991, and the Yorkshire Land Drainage Bylaws 1980 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/foreshore of Hebden Water, designated a 'main river'
A mains connection has been proposed for foul drainage disposal. You are strongly advised to satisfy yourself, prior to determination, that there is capacity in both the receiving sewer and sewage treatment works to accommodate the discharge proposed. Please contact the sewerage undertaker, Yorkshire Water, to attain this information. If capacity is not available, an alternative means of foul drainage disposal may need to be explored or improvement works to resolve the capacity issue secured as part of the planning permission. If a non-mains solution is to be considered we should be re-consulted, prior to determination, and given the opportunity to comment further.
Hebden Royd Town Council
Comment Date: Thu 23 Apr 2015
RECOMMEND REFUSAL on the grounds that the application did not have due regard for neighbouring properties in relation to flooding by removing a wall designed to prevent flooding, the reports on the structure of the bridge did not take into account access for deliveries and refuse, the massing of the proposal would have a detrimental effect on the privacy of residents in both their homes and in the adjacent play area as a result of being over looked, access to the site is not established and the design is not in keeping within an area adjacent to the Hebden Bridge Conservation area.