Agenda item

Full Application - Essential safety works to reservoir dam including removing the auxiliary spillway, replacement of the primary spillway and works to existing wave wall, legally required as measures in the interest of safety under the reservoirs act at Swellands Reservoir off the A62 Huddersfield Road, Diggle, Saddleworth (NP/K/0322/0346, JK)


The reports for Item 5 and 6 were introduced by the Head of Planning who outlined the reasons for adoption and approval as set out in the reports.


The Head of Planning informed Members that since the report had been published, further comments had been received from the RSPB which were on the Authority’s website.


Cllr Mrs Potter declared that she was a member of the RSPB.


The Head of Planning informed Members that the application formed part of the same package of measures that was approved in March 2022.  For the purposes of the assessment of likely significant effect on the South Pennine Moors SAC, any adverse effects of the proposal are those arising from the combined proposal for the creation of a track under application NP/O/1221/1393 for which derogation had now been granted by the Secretary of State, on the basis that the necessary compensatory measures would be secured, so that there is unlikely to be an adverse effect on the integrity of the SAC.  There was no need to refer the matter to the Secretary of State for final approval.


Additional Ecology Conditions were proposed by the Head of Planning in response to RSPB comments.


Furthermore, a Grampian-style condition was proposed to recognise the in-combination nature of impacts arising from the full package of measures and formalise the linkage to the off-site compensatory mitigations agreed through the approval of the track which will serve Black Moss and Swellands reservoirs.


Such a condition would have the effect that no works shall take place until the compensation scheme approved under application NP/O/1221/1393 had been completed. Input at the meeting from Tania Snelgrove,from the Canals and Rivers Trust suggested some flexibility should be incorporated to allow for aftercare works to be fully completed.



The following spoke under the public participation at meeting scheme:-


·         Mr D Prisk – Canal & River Trust, Applicant


Members noted that 2 National Trails went right through the site and reminded the applicant that they needed to bear this in mind with other users on the trails.  Members asked why the car park was being closed and whether alternative car parking could be found?  Tania Snelgrove from the Canal & River Trust reported that the car park had to be closed to allow space for the construction compound, and   that they were currently looking at potential sites for alternative car parking.  A possible site had been found, and they were having discussions with Kirklees Council as the land was in their ownership


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




That the application be APPROVED 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)         Submit and agree samples of materials to be used for new walls, facings and surfacing.

4)         Submit and agree details of replacement footbridge.

5)         Carry out restoration works in accordance with agreed timetable.

6)         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.

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.

7)       Ecology conditions:

a) No development to take place until an Environmental Management Plan has been submitted and approved.


The Environmental Management Plan to provide details of the following:

• All mitigation measures to be taken.

• Details of the Ecological Watching Brief for works with potential to affect designated habitats and breeding birds.

• Ongoing surveys to further inform the effectiveness of the mitigation measures.

• Details of mitigation measures to reduce moderate adverse effect in respect of potential disturbance to/displacement of specific moorland breeding birds at the construction stage

b) Development to be carried out in conformity with the approved scheme


8)       No works shall take place until the compensation scheme required under a section 106 agreement made pursuant to application NP/O/1221/1393 have been approved and undertaken to an agreed plan and timeframe (but for the purposes of this condition this timeframe need not include defect rectification and aftercare).




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