Agenda item

Revisions to the Officer recommendation were circulated at the meeting. In introducing the report the Officer explained the reasons for bringing it to the Committee and for amending the recommendation.

The amended Officer recommendation was moved, seconded put to the vote and carried.

RESOLVED:

1.         The unauthorised development is likely to have a significant effect on the Peak District Moors Special Protection Area (SPA)  and South Pennine Moors Special Area of Conservation (SAC) and the special qualities for which they were designated, in the event of a ground A appeal against an enforcement notice the development would need to be subject to an appropriate assessment.

3          The proposed enforcement action to secure removal of the track and restoration as set out below and subject to minor amendments to the wording to be delegated to the Head of Development Management and only to be carried out in the months September to February (inclusive), does not have potential for significant impact on the SPA and SAC and the special qualities for which they were designated there this would not need to be subject to an appropriate assessment.

a)      Place between 46 cubic metres and 50 cubic metres of locally sourced heather brash, which has been collected between 1 October and 31 January in the previous year.  The heather brash shall be placed in bags or piles between 14 and 18 metres apart with each bag or pile consisting of between 1 and 1.5 cubic metres of heather brash.

 b)     Following the completion of step a), remove the geotextile matting, wooden log ‘rafts’ and any other imported materials used in construction of the track from the Land.  The removal shall either be carried out by hand or using low ground pressure tracked vehicles, equipment or machinery.  The removal shall commence at the north-west end of the Land and shall progress in a generally south-easterly direction along the Land until all of the geotextile matting, wooden log ‘rafts’ and any other imported materials used in the construction of the track have been removed. 

c)      Following the completion of step b), spread the heather brash by hand over the Land to a depth of between 1.5 and 2.5 centimetres.

d)      Following the completion of step c), plant sphagnum moss plugs by hand at a density of one plug per 5 square metres over the parts of the Land where the wooden log ‘rafts’ have been removed.

e)      Any parts of the Land which, twenty months after this Notice takes effect, have more than 30% grass cover per square metre shall be sprayed with a grass-specific, selective herbicide.