Agenda item

Members had visited site the previous day.

The reports for Items 5 and 6 were introduced by the Head of Planning who outlined the reasons for adoption and approval as set out in the reports.  He also advised that an application had subsequently been submitted for works to the dam at Swellands Reservoir which would be considered in due course.

The following spoke under the public participation at meetings scheme:

·         Tania Snelgrove, Canal and River Trust – Applicant

Other employees of the Canal and River Trust attended to answer any technical questions from Members.  They were able to confirm the following:

·         Bog Mat is a lightweight track material which allows water to flow through it to the peat below, also when heavy machinery is driven over it, it enables the load to be spread.

·         8 passing places are necessary because the track will be long and undulating with poor lines of sight.  They have been positioned to maximise visibility and to mitigate the tight bends.  For safety reasons, it is necessary to avoid vehicles reversing for long distances.

·         That two “lay down” areas for maintenance will be retained for future use, near Black Moss Reservoir.

·         Measures will be taken to prevent misuse of the track, including padlocked gates, new signage both on site and on principal nearby routes, twice weekly inspections, and that the construction of the track being from large stone will make it uncomfortable to walk or ride on.

·         That the closure of Brun Clough car park to allow the works, will be advertised in advance by the local authority, but that the Canal and River Trust were amenable to exploring whether other sites which they own could be used for temporary car parking during its closure.

Members particularly welcomed the proposed mitigation measures and felt that the concerns which led to the previous refusal had been addressed.

A motion to approve the application in accordance with Officer recommendation was moved and seconded and a vote was taken and carried.

RESOLVED

1.    That the Authority resolves to approve the application subject to prior notification of the Secretary of State and subject to the signing of a Section 106 Agreement to secure the proposed off site, off-setting and biodiversity net gain works.

2.    That the Secretary of State is notified of the resolution; and

3.    Subject to the agreement of the Secretary of State, the Head of Planning be authorised to issue a decision notice in the terms set out.

And subject to the following conditions:

1) Statutory time limit for implementation

2) Development in accordance with the submitted plans and specifications, subject to the following conditions:

3) A programme of phasing/timing of the construction works be agreed to avoid the bird nesting season in the designated SPA.

4) Agree sample/specifications of stone to be used for surfacing and geotextile matting.

5) Submit and agree details of any new gates and barriers.

6) Carry out habitat creation, pond creation, and tree-planting works in accordance with agreed timetable.

7) Gates to be kept locked other than when the track is in use; any signage to be agreed before installation.

8) Restoration scheme to be submitted and agreed in the event that any part of the track is removed.

9) Archaeological conditions:

a) No development shall take place other than in accordance with the approved archaeological Written Scheme of Investigation, produced by WYAS Archaeological Services, Version 6

b) Within a period of 12 weeks from completion of the development the archaeological site investigation and post investigation analysis and reporting shall have been completed in accordance with the programme set out in the approved Written Scheme of Investigation and the provision to be made for publication and dissemination of results and archive deposition shall have been secured.