report - Nottinghamshire

1

report

Nottinghamshire County Council

meeting PLANNING AND LICENSING COMMITTEE date 21 AUGUST 2007 from: Strategic Director (Communities)

agenda item number 7

BASSETLAW DISTRICT COUNCIL 1/30/07/00005

NEWARK AND SHERWOOD DISTRICT COUNCIL 3/07/00832/FULR3N

PROPOSAL: CONSTRUCTION OF A PERMISSIVE CYCLE ROUTE ON FORMER RAILWAY LINE BETWEEN HIGH MARNHAM JUNCTION & CHURCH LANE, NORTH CLIFTON, NEAR NEWARK

LOCATION: DISUSED RAILWAY LINE BETWEEN HIGH MARNHAM

JUNCTION & CHURCH LANE, NORTH CLIFTON, NEAR NEWARK

APPLICANT: NOTTINGHAMSHIRE COUNTY COUNCIL

COMMUNITIES DEPARTMENT Purpose of Report 1. To consider a planning application for the construction of a new permissive

cycle route between High Marnham and Church Lane, North Clifton. The cycle route would generally be in accordance with the objectives of the respective Bassetlaw and Newark and Sherwood Local Plans which seek to enhance the cycle path network across the County. The impact of the route on the local ecology, especially as part of the route lies within a designated Site of Importance for Nature Conservation (SINC), is the key issue to be considered. Other important concerns are the effect of the route on local residents and ensuring that users of the cycle path would not be able to access privately owned land adjacent to the route. The recommendation is to grant planning permission, subject to planning conditions. The Site and Surroundings

2. The disused railway line between High Marnham and North Clifton, North

Nottinghamshire is situated approximately 15km north of Newark. The section of the railway line to which the planning application refers starts just west of High Marnham Junction and south of Crabtree Lane. Here, the track is in a

2

scrub-lined cutting which passes beneath the bridge at High Marnham Junction. Three residential properties lie adjacent to the north of the line at this point.

3. As the railway line extends east from the bridge, it enters an open area

passing the northern boundary of the now closed High Marnham Power Station before reaching the High Marnham Viaduct, a structure of local interest. The viaduct comprises a bridge spanning approximately 148 metres across the River Trent and around 650 metres of blue brick viaduct across the floodplain. From the eastern end of the viaduct, the railway line continues through thick scrub with agricultural land to the north and south, until it reaches Church Lane Bridge in North Clifton on the eastern bank of the Trent. This bridge is an eight metre span brick built structure with a flat ceiling. The bridge is generally in good condition, but with some areas of cracked or missing mortar. No residential properties are in close proximity of this section of the railway line. The area under application ends just east of the Church Lane.

4. No Rights of Way directly connect to this section of the railway line although

Fledborough Footpath 12 and North Clifton Footpath 5 pass underneath the viaduct on either side of the River Trent. In addition, at the western end of the railway line, Marnham Public Byway (open to all traffic) 8 (Crabtree Lane) runs to the north of the track bed, adjacent to High Marnham Junction.

5. The land upon which the railway track bed is situated is owned by Network

Rail and Sustrans (Railway Paths), hence the need to submit a planning application for a permissive cycle route. The applicant has engaged with the landowners and gained full support for the proposal.

6. A large section of the track bed extending from just west of the High Marnham

Viaduct to Harby Station is within a Site of Importance for Nature Conservation (SINC). The SINC was designated due to its grassland and scrub habitat considered of high ecological value.

Background

7. The planning application is part of proposals for a surfaced trail that will carry

pedestrians and cyclists between High Marnham and Harby and includes a crossing over the River Trent. The section of the route running eastwards from Church Lane, North Clifton to Harby continues on from the proposed area referred to in this application and is part of a separate application (Reference No. 3/07/00829/FULR3N) dealt with elsewhere on the agenda.

8. The application is linked to the Sherwood Living Legend BIG lottery bid and forms part of an expansion of the multi-use footpath network within Nottinghamshire. As part of this expansion it is proposed to provide 95 kilometres of new and upgraded multi-user routes and arterial crossings, linked to the national cycle network to create a total network of 250km (see Plan 2 for multi-user network map). The objective of the project is to create

3

sustainable accessibility to the Living Legend centre, forming links with major population centres, attractions in the wider area and with local villages.

9. The completed multi-user path network would extend from Sherwood Forest to major towns and cities around the County boundary including Nottingham, Newark, Lincoln, Doncaster and Chesterfield. This application would form part of the route from Lincoln to Chesterfield connecting with existing local cycle lanes, National Cycle Network Route 64 and the National Byway.

Proposed Development

10. The application originally proposed a 2.5m wide cycle path along the disused

railway track bed between High Marnham Junction and Church Lane Bridge, North Clifton as described above (see plan 1). Following consultation with NCC's Ecology Officer the proposed width of the path was reduced to between 1.2m and 2m to minimise adverse impact on ecology within the SINC. The width of the disused railway track bed is up to 4m in width, thereby providing some scope to avoid the most sensitive ecological areas within the trackbed. The applicant has requested that the final line of the cyclepath within the disused railway track bed be subject to a planning condition as part of any planning permission issued.

11. It is proposed that the western end of the path would be accessed via a ramp

from the public byway Crabtree Lane, leading down the northern bank to the track bed. Appropriate measures will be taken at the access point to ensure the satisfactory drainage of surface water run off.

12. From Crabtree Lane, the proposed path would extend east along the disused

railway bed before reaching High Marnham Viaduct. Works would be required to upgrade the parapets on the viaduct to make it suitable for a cycle path. These works would involve raising the height of the parapets to 1.8 metres, which is the current standard for bridleways across bridges, by fixing a 400mm steel post and rail system onto the existing 1.4 metre high brickwork.

13. The cycle path would continue east from the viaduct until it arrives at Church

Lane Bridge. While this bridge is structurally sound, it would require works to provide additional parapets, in line with the existing ones, to ensure it is safe for use by cyclists and pedestrians.

14. As the exact route of the cycle path has yet to be defined within the red line

boundary for conservation reasons as stated above, no plans have been submitted showing the location of the proposed fencing and gates which would enclose the path. The applicant however proposes to erect fencing where it is genuinely needed for safety reasons or to prevent unauthorised access to adjacent properties.

15. The cycle path would be constructed from stone with a tar spray and chip

finishing. Consultations

4

16. Bassetlaw District Council do not wish to comment on the proposal.

17. Newark and Sherwood District Council support the proposal.

18. Normanton-on-Trent with Marnham Parish Council support the proposal. 19. North Clifton Parish Meeting support the proposal, but would suggest that it

may be beneficial to have an access ramp leading from the proposed cycle path on to Church Lane so that users of the cycle path could visit North Clifton more easily. The Parish would also like to see provision for pedestrian and cyclists along Church Lane, who currently have to share a single carriageway with cars. A further concern is that the cycle path could assist those engaged in criminal activity, such as burglary, by providing improved access between the local villages and opening properties up for attack. The Parish state that improper use of the proposed path by quad bikes and scrambler bikes is another potential negative impact and that steps should be considered to mitigate such impacts.

20. Dunham-on-Trent with Ragnall, Darlton and Fledborough Parish Council support the proposal.

21. NCC Conservation (Ecology) Team highlight the importance of the application site as a SINC and that request that additional ecological survey work be conducted in the first available survey season after the granting of any permission, in coincidence with a survey ‘update’ conducted in the season immediately prior to the commencement of development.

22. They would also request that conditions are attached to any permission requiring details to be submitted for the approval of the County Planning Authority (CPA) in relation to the definitive line of the cycle path route, any changes in the width of the cycle path along the route, measures for the protection of notable botanical species along the fringes of the construction corridor and the contractor’s site working arrangements including details of the storage of machinery and materials. It is recommended that the details provided be guided by the additional survey work conducted.

23. It is also asserted by the NCC Ecology Team that to mitigate any impact upon the SINC, compensation measures should be developed and submitted to the CPA for approval prior to the commencement of development. Specifically, NCC Ecology suggest that a plan should be submitted identifying areas of low ecological value along the cycle path route which can act as receptors for habitat creation or improvement, thereby offsetting lost habitat within the SINC.

24. To ensure the protection of nesting birds, NCC Ecology request that no vegetation clearance should be undertaken between March and August (inclusive), unless it can be shown that there will be no impact upon nesting birds. Finally, the NCC Ecology Team would ask that a management plan for

5

all areas of the application be produced within the first six months of completion of the development site and submitted to the CPA for its approval.

25. Nottinghamshire Wildlife Trust (NWT) object to the proposal subject to several areas of concern being addressed. Firstly, NWT request that, in accordance with PPS9, further ecological survey work be undertaken identifying the presence of reptiles, birds, bats, badgers and the Grizzled Skipper butterfly. A comprehensive botanical survey of the whole cycle path route is also requested to identify any rare or scarce botanical species. NWT state that the results of the survey work should guide the definitive line of the route and any required narrowing of the cycle path in the most sensitive ecological areas. NWT are concerned at any loss of habitat within the SINC and would expect that losses incurred due to the proposed development will be mitigated by the commitment to the provision of compensatory habitat at a ratio of at least 3:1 and preferably 10:1.

26. The Trust would expect to see that before any work is undertaken along the proposed route, legally binding agreements are in place which confirm that wider access to the route is secured, to ensure that any impact on the SINC is justified and the route becomes an established part of a well utilised cycle network.

27. NCC Conservation (Forestry and Arboriculture) Team state that there are several trees along the route which may have roots under the proposed cycle path. It is suggested that to protect these roots, a no-dig method of construction is employed. The NCC Forestry and Arboriculture Team also request that a condition be imposed requiring a tree survey to be conducted along the length of the cycle route to mitigate the impact of the proposed cycle path and ensure the protection of bordering trees.

28. NCC Countryside Access Team support the proposal.

29. NCC Conservation (Archaeology) Team do not wish to comment on the proposal.

30. Crime Prevention raise a number of general comments about cycle paths constructed along disused railway lines. These comments are considered in the Crime and Disorder Implications section below.

31. The Ramblers Association support the proposal.

32. Railway Paths support the proposal.

33. Central Networks raise no objection to the application.

34. The Environment Agency, Severn Trent Water Ltd, National Grid, The British Horse Society (Nottinghamshire), North Clifton Parish Meeting, the Local Members, Government Pipelines and the Cycling Touring Club have not responded. Any response received will be reported orally.

6

Publicity 35. The application has been publicised by means of three site notices and a

press notice advertising the proposed development as affecting a listed structure. Three notification letters were also sent to the nearest occupiers in accordance with the County Council’s adopted Statement of Community Involvement. One letter has been received raising objections on the following grounds:

36. The occupier of a property adjacent to the proposed route objects to the

construction of the ramp leading up the northern bank of the disused railway line to Crabtree Lane, as it would lead up to the front of their house. The resident has concerns that this would result in users of the cycle path parking their cars in front of their property and that any proposed car park would cause problems with the illegal dumping of waste or traveller use. The resident also raises concerns that the ramp would go through habitat used by a protected species. They suggest that the ramp be constructed up the southern bank of the railway track bed to resolve their concerns. The issues raised are considered in the Observations Section of this report. Highway Observations

37. No highway objections have been raised.

Observations Introduction

38. The proposed path, intended for use by cyclists and pedestrians would provide a more convenient, traffic free route across the River Trent and would supplement the existing network of multi-user footpaths throughout Nottinghamshire. Central Government Transport Policy

39. Government Policy on transport is set out within Planning Policy Guidance Note 13: Transport (PPG13). The key objective of PPG13 is to promote more sustainable transport choices, reduce the need to travel especially by car, and promote accessibility to jobs, shopping leisure facilities and services by walking and cycling. Since the current proposal provides safe cycle and walking routes it will encourage more sustainable transport patterns and therefore fully complies with the objectives of PPG13. Development Plan Policy relating to the Provision of Multi-User Paths

40. Policy 6.3 of the Nottinghamshire and Nottingham Joint Structure Plan (JSP) encourages the provision and improvement of public rights of way and recreational routes with particular priority given to developing routes linking urban areas to the countryside.

7

41. Policy T18 of the Newark and Sherwood Local Plan (NSLP) supports the

extension and improvement of the cycling network across the District. The policy specifically states:

“In co-operation with Nottinghamshire County Council and landowners, the District Council will seek to secure a safe network of pedestrian and cycle routes, taking account of recreational needs.”

42. Policy T19 of the NSLP also encourages the provision of a safe network of

roadside and off-road routes for horse riders.

43. Policy 7/8 of the Bassetlaw Local Plan states:

“Planning permission will not be granted for development likely to sever the route of a disused railway line where there is a reasonable chance that it can be brought back into railway use or into use as a footpath, bridleway or byway open to all traffic.”

44. Section 7.27 of the supporting text behind the policy outlines the value of

disused railway lines for alternative uses and encourages their use as footpaths and bridleways. Development within the Countryside

45. The development of recreational facilities including the development of multi-user paths is considered as appropriate development within the countryside under JSP 2/10 and NSLP Policy NE1. Policies 6/3 and 6/14 of the Bassetlaw Local Plan state that permission should be given for development outside the main settlement envelopes only where it is appropriate and is so designed and located that it does not cause a significant detrimental effect upon the appearance and amenity of the countryside.

46. In addition to being a recreational asset to the surrounding countryside, the proposed cycle path would enhance connections between local villages on either side of the River Trent, while the imposition of planning conditions would ensure that the development would have minimal impact upon the ecology and visual amenity of the surrounding countryside. New Tourism Development

47. Central Government guidance on tourism issued as part of DCLG’s publication ‘Good Practice Guide on Planning for Tourism’ recognises the potential economic, social and environmental benefits of good quality sustainable tourism development. Policy TO1 of the NSLP reflects Government policy, stating:

“Planning permission will be granted for tourist attractions and services provided that the scale and nature of what is proposed reflects the

8

historic, architectural or environmental character and importance of the area concerned.”

48. The improvement of the multi-user footpath network will enhance the tourist

attractions and services across North Nottinghamshire and beyond. This proposed section of cycle path would assist the County Council in providing a sustainable transport network which links the main tourist attractions and major settlements across the county as well as providing a longer distance cycle path which would be a tourist attraction in its own right. Government tourism policy and NSLP Policy TO1 therefore supports the development. Ecological Impacts

49. Much of the proposed cycle path is designated as a Site of Importance for

Nature Conservation (SINC – Marnham to Harby Dismantled Railway 5/133); areas of the site which are not included in the SINC also have nature conservation value. To assess the potential ecological impact of the development on the SINC and surrounding area a preliminary ecological assessment has been prepared to support the planning application. This assessment has been compiled using information gathered from a desktop survey of existing ecological data and a habitat assessment compiled following a systematic walkover of the site undertaken in March 2007. This assessment indicates that the route of the proposed cycle path could give rise to several potential impacts on local flora and fauna species. Protected species which may potentially be affected include badgers, bats, reptiles, breeding birds, Grizzled Skipper butterflies and Barn Owls. The assessment recommends further survey work should be undertaken at a more appropriate time of the year to provide more detailed information of the habitat and potential impacts. This baseline survey should then be used to select the precise route that ensures potential ecological impacts are avoided, mitigated or compensated. This further survey work suggested within the preliminary ecology assessment has not yet been undertaken.

50. Central Government guidance relating to ecology is contained within Planning

Policy Statement 9: Biodiversity and Geological Conservation (PPS 9). One of the key principles of PPS 9 is that planning decisions should be based on up to date information about the environmental characteristics (including biodiversity) of the area.

51. PPS 9 is supported by a Good Practice Guide. Paragraph 5.10 of this guide

confirms the importance of the development control system in ensuring biodiversity and protected species are assessed and protected at the time a planning decision is made. Paragraph 5.11 advises that prior surveys are particularly critical where there is a reasonable likelihood of protected species or Biodiversity Action Plan (BAP) species being present and at risk from the development. The practice guide refers to Government Circular 06/2005: Biodiversity and Geological Conservation - Statutory obligations and their impact in the planning system. This circular sets out in detail the practice planning authorities should follow where development is likely to have an

9

impact on ecology. Paragraph 99 of this circular envisages that ecological surveys would normally be carried out prior to the grant of planning permission, however it specifically provides that this can be left for coverage under planning conditions in exceptional circumstances which are not defined.

52. The preliminary ecological assessment confirms that there is a reasonable

likelihood that protected species and BAP habitats are present and at risk from the development, it therefore follows under the above guidance that the Council would ideally have full surveys of ecology and potential impacts prior to determining this planning application. These surveys have not yet been undertaken. Due to the seasonal nature of the ecology under consideration the earliest the ecological information could be available is summer 2008.

53. It therefore follows that should the Council wish to consider granting planning

permission for the development at this stage it must be on the basis exceptional circumstances exist.

54. The proposed cycle route is part of a larger package of schemes which are

seeking funding from the Big Lottery under the Living Legend project. As part of the process of deciding which schemes are finally selected for public voting the Big Lottery need assurances that schemes are deliverable. One of the main tests as to whether a scheme is deliverable is whether it has planning permission. Schemes that do not have the benefit of planning permission are therefore less likely to progress forward to the public vote, thereby missing out on funding and resulting in the route not being developed. Should the Council defer a decision pending the submission of ecological surveys until summer 2008 then the proposed route would miss the deadline for submission of lottery funding, and the cycle route would be much less likely to be constructed. Furthermore the omission of this route from the Living Legend project as a whole may weaken the integrity of the overall bid for the visitor centre and other associated routes and the wider community benefits which they offer would also potentially be lost as a consequence.

55. Whilst clearly the external deadlines for selection of the scheme for funding is

not a planning consideration, the community benefits provided by the scheme are. Should the scheme fail to be funded the wider community benefits provided by the cycle route in terms of it encouraging sustainable transport, tourism, recreation and increased access to the countryside would be lost. These benefits are demonstrated within a study undertaken by Sustrans, as part owner of the disused railway land, in partnership with the University of Central Lancaster. The study predicts that the Lincoln to Sherwood section of the network, which the proposed cycle path would form part of, would generate approximately 178,000 users and £818,000 direct spending per annum. Furthermore, the cycle network would supplement an already well established network, as to the west of High Marnham existing highways, either public rights of way or roads, provide a continuous connection between High Marnham and Sherwood, while to the east the proposed route would link to the existing Sustrans cycle path completed in an earlier project.

10

56. The external deadlines therefore have a direct link to whether the community benefits of the scheme are delivered and could constitute exceptional circumstances in terms of Circular 06/2005 guidance to support the Council determining this application without protected species surveys having been submitted.

57. Should the Council resolve to determine this application without being in

possession of habitat surveys it must be satisfied that exceptional circumstances exist and that adverse impacts are addressed through planning conditions. Any such planning conditions must be worded to ensure that no development commences until such time that full survey work has been undertaken and avoidance, mitigation and compensation of any species or habitats has been agreed. Furthermore, the applicant must be made aware that if species or habitats were discovered which couldn’t be satisfactorily avoided, mitigated or compensated then it would preclude the development progressing. This approach would ensure that the requirements of Policy 2/4 of the JSP is complied with. This policy states: “Development likely to have an adverse effect on a Regionally Important Geological Site, a Site of Importance for Nature Conservation or a Local Nature Reserve will not be permitted unless it can be clearly demonstrated that there are reasons for the proposal which outweigh the need to safeguard the nature conservation value of the site. Where planning permission is granted, harm to the nature conservation interest must be minimised and conditions will be used and/or planning obligations will be sought to provide appropriate mitigation and compensation measures.”

58. Policy NE13 of the NSLP concurs with Policy 2/4 of the JSP. Policy NE17 of

the NSLP stresses that planning permission should not be granted unless provision is made to protect affected species and their habitats. Policy 6/1A of the Bassetlaw Local Plan seeks to control adverse impacts on ecology through planning conditions.

59. Planning conditions requiring survey work to be undertaken prior to the

commencement of the proposed development should identify any habitats of high ecological value along the route and any protected species that may be affected. As the proposed route of the cycle path has yet to be fixed within the width of the disused railway track bed, the information collected by survey would be used to determine its definitive line within this linear corridor and direct the route away from the areas of nature conservation interest. Survey work would also establish where the cycle path should be narrowed to reduce impacts at particularly sensitive locations.

60. Upon submission of this information the views of Natural England would be

sought if protected species were affected, in line with the circular guidance. To protect nesting birds it is suggested that a condition be attached to any grant of planning permission prohibiting vegetation clearance within the bird breeding season.

11

61. A key principle of PPS9 is that where any unavoidable impacts upon nature

conservation interests are incurred, compensatory measures shall be sought. Although the mitigation measures required by conditions could reduce any adverse impacts on habitat quality along the cycle path route, it is inevitable that some areas of the SINC may be damaged or lost due to the footprint of the cycle path. Therefore, planning conditions are suggested which require the identification and setting aside of areas of low ecological value within the site boundary, which would be used as receptors for habitat creation or improvement. Although Nottinghamshire Wildlife Trust request that compensatory habitat be provided at a ratio of at least 3:1 against the habitat lost, there are no statutory guidelines stating the level of compensatory habitat which must be provided. The County Planning Authority in consultation with the Natural England would consider any compensatory measures according to what is reasonable for this particular application.

62. Policy 2/6 of the JSP states that provision for the long-term management and

monitoring of wildlife habitats should be made. To ensure the continued maintenance of both the existing habitats along the proposed cycle path route and those which are created or improved, a condition should be imposed on any planning permission requiring a landscape management plan, detailing a list of management objectives and a maintenance schedule for all land acquired leased or managed by or on behalf of Nottinghamshire County Council within the application site.

63. The NCC Forestry and Arboriculture unit note that the proposed cycle path

could cause root damage to several trees along the route and recommend that a tree survey is conducted prior to the commencement of development. The tree survey condition could be used to help guide the route away from the root spread of trees and, in the event that trees are likely to be affected, provide a methodology for their protection. Residential Amenity

64. With regards to the impact of the proposed cycle path on residential amenity, there are just three properties in close proximity to the proposed route, at High Marnham Junction. The occupier of one of these properties has raised concerns relating to the proposed ramp which would connect the cycle path with Crabtree Lane, a public Byway open to all traffic. The resident objects on the grounds that the proposed ramp would lead up to the front of their house causing users of the cycle path to park their cars nearby to their property. The resident also notes the presence of habitat used by a protected species which they believe would be destroyed by the proposed cycle path.

65. As the route has yet to be defined, there is some flexibility over whether the ramp would proceed up the northern or southern bank and this will ultimately be decided by the findings and subsequent recommendations of the ecological survey work required by condition to be undertaken prior to commencement of the development. The preferred ramped access would be from the north, as Crabtree Lane offers a safer approach onto the proposed cycle path, away

12

from the public highway. However, should badgers or any other protected species be discovered on the northern bank, mitigation measures would be required and this would most likely mean developing the ramp up the southern bank.

66. While there is the small possibility that cars may park in front of the resident’s property, this seems unlikely because of the restricted width of the road. Furthermore, there are no proposals as part of this application to construct a car park to accommodate users of the proposed cycle path at this location, nor is the CPA aware of any future proposals for a car park in the area and so the concern of the resident that illegal dumping of waste or traveller use in the area should not arise.

67. Although, no concerns have been raised by residents or landowners along the route in relation to users of the cycle path gaining unauthorised access onto private land from the path, the applicant has indicated that fencing would be erected where there is a genuine health and safety or security need. Therefore, a condition is suggested requiring the applicant to submit details of all fencing and gates along the route prior to the commencement of development and to erect the approved fencing and gates ahead of the cycle path first coming into use.

68. The issues relating to the potential crime implications for local residents caused by the proposed cycle path are discussed below.

69. North Clifton Parish Meeting suggest that it may be beneficial to install a ramped access point onto Church Lane so that users of the cycle path can take advantage of the attractions in both North Clifton and South Clifton. The Parish would also like to see provision of a footway for local residents along Church Lane who currently have to share a single carriageway with motor vehicles. While there are currently no proposals for access or highway improvements along Church Lane, the applicant discussed options and funding possibilities for the improvements with North Clifton Parish members at the Parish AGM in June 2007. This aspect will be reviewed later. Archaeology/Heritage Impacts

70. The supporting documents submitted with the planning application state that

High Marnham Viaduct is a listed structure. However, it has been subsequently discovered in consultation with NCC Conservation (Listed and Historic Buildings) that the viaduct is not listed, but rather is recorded as a building of local interest. Therefore, separate Listed Building Consent would not be required for the proposed upgrading works on the viaduct. To ensure that any works are sympathetic to the viaduct and its surroundings, a condition is suggested requiring a design specification and drawings of the bridge to be submitted to the CPA for its written approval prior to the commencement of development.

71. To the east of High Marnham Bridge, several former railway structures including a railway station building and signal box are present, in addition to a

13

1.25 metre to 1.75 metre wall which is thought to have been part of the old platform. These are not listed and so no additional consent will be required for development around the structures. NCC Conservation (Archaeology) have raised no observations regarding the application, which would also indicate there is nothing of archaeological significance within the application site Construction Arrangements

72. To ensure that the construction phase of the development would cause minimal disruption to the local ecology and residential amenity, it is recommended that a condition be attached to any permission requiring specific details of the contractor’s site working arrangements to be submitted prior to the commencement of the development. Within these details the location of any works compound, machinery and materials, storage areas the construction corridor and points of access onto the site clearly defined. Construction arrangements should be guided by the findings of the aforementioned flora and fauna surveys to make certain that any important ecological areas which would not be directly affected by the cycle path itself, but may be harmed during the construction phase are adequately protected.

73. To keep noise disturbance on local residents to a minimum during construction of the cycle path, and to ensure compliance with Policy DD1 of the NSLP, a condition is recommended which controls the hours of operation to between 08.00hrs to 18.30hrs on weekdays and 09.00hrs to 13.00hrs on Saturdays. Works should be prohibited on Sundays and Public or Bank Holidays. Human Rights Act Implications

74. The relevant issues arising out of consideration of the Human Rights Act have been assessed in accordance with the Council’s adopted protocol. Rights under Article 8 and Article 1 of the First Protocol are those to be considered. In this case the potential for impacts on residential amenity and property is considered. However, the suggested conditions require the erection of fencing to mitigate any adverse impacts. On balance impacts after mitigation are considered to be limited and these need to be balanced against the wider recreational and tourism benefits. Members will need to consider whether these benefits would outweigh the potential impacts.

Statutory and Policy Implications

75. This report has been compiled after consideration of implications in respect of

finance, equal opportunities, personnel, Crime and Disorder and users. Where such implications are material, they have been brought to out in the text of the report. Attention is, however, drawn to specifics as follows:- Crime and Disorder Implications

76. The Crime Prevention Officer raises several comments which relate to the general construction of cycle paths along disused railway lines and not to this application specifically. The first recommendation is that access be restricted

14

to prevent the illegal use of the cycle path by motorcycles, which form an obvious hazard to both pedestrians and cyclists. Although illegal motorcycle use tends to be less prevalent in rural areas when compared with inner city and suburban locations, the proposed cycle path would form a long and predominantly straight stretch of surfaced track which could form an attraction for motorcyclists. The potential for antisocial use of the proposed path by motorcycles is also a concern held by North Clifton Parish Meeting. It is therefore suggested that a condition be attached to any granted planning permission requiring the submission of details of measures to restrict unauthorised access by motorcyclists for the written approval of the CPA.

77. Another recommendation by Crime Prevention is that vegetation be cut back three metres on either side of the cycle path to increase surveillance of the route and reduce the opportunity for crime. It is considered however that to clear six metres of vegetation would be excessive, especially for the location that the proposed cycle path is set and would be detrimental to ecological interests and the SINC.

78. To prevent possible crime being committed against those properties adjacent to the proposed cycle path route, it is also suggested by Crime Prevention that fencing be erected along the perimeter of those properties most vulnerable to attack. This issue has already been discussed in the Residential Amenity section above.

Conclusions 79. National and local policy gives strong support for the improvement and

extension of the multi-user footpath network within Nottinghamshire. The path would provide a welcome addition to the recreational routes across the county, regenerating the disused railway track bed and offering a sustainable transport link across the River Trent.

80. The suggested planning conditions will ensure that the impacts on local ecology and the SINC are mitigated as far as possible and where impact is unavoidable, offset through the implementation of compensatory measures such as habitat improvement or creation. Given the rural location of the cycle path, it is considered that any impact on residential amenity would be minimal. Recommended conditions should control the noise disturbance and any other impacts caused during construction of the cycle path and provide adequate deterrence to any potential criminal activity arising from the development.

Statement of reasons for the decision

81. The County Council is of the opinion that any potential impacts upon the Site of Importance for Nature Conservation and on the amenity of nearby residents would be reasonably mitigated by the imposition of the attached conditions. Furthermore the development of such multi-user footpaths and the extension of the County cycle path network has strong policy support from both the Bassetlaw and Newark and Sherwood Local Plans and the Joint Structure Plan. The path would promote sustainable transport by supplementing the

15

existing multi-user footpath network across Nottinghamshire and would also promote recreational and tourism links within the local area. RECOMMENDATION

82. It is RECOMMENDED that planning permission be granted for the purposes of Regulation 3 of the Town and Country Planning General Regulations 1992 subject to the conditions set out in Appendix 1. Members need to consider the issues, including the Human Rights Act issues, set out in the report and resolve accordingly.

MICK BURROWS Strategic Director (Communities) Financial Comments of the Strategic Director (Resources) The report deals with the planning application and has no financial implications arising. [DJK 8.8.07] Legal Services’ Comments This decision is within the Committee's delegated powers. [BB 13.8.07] Background Papers Available for Inspection 1. Letter from Bassetlaw District Council dated 6 June 2007. 2. Memo from NCC Conservation (Archaeology) received on 6 June 2007. 3. Email from occupier of Station Cottage, High Marnham received on 6 June 2007. 4. Letter from Central Networks dated 7 June 2007. 5. Memo from NCC Highways (Bassetlaw) dated 8 June 2007. 6. Letter from Bassetlaw District Council dated 11 June 2007. 7. Letter from Newark and Sherwood District Council dated 11 June 2007. 8. Email from agent for application received on 12 June 2007. 9. Email from NCC Highways (Bassetlaw) dated 13 June 2007. 10. Email from the Ramblers’ Association received 14 June 2007. 11. Memo from NCC Highways (Newark and Sherwood) received on 14 June 2007. 12. Memo from NCC Rights of Way dated 15 June 2007. 13. Letter from Normanton-on-Trent with Marnham Parish Council dated 17 June 2007. 14. Memo from NCC Highways (Newark and Sherwood) received on 21 June 2007. 15. Letter from Railway Paths Ltd. dated 20 June 2007. 16. Email from British Horse Society received on 21 June 2007.

16

17. Email from NCC Conservation (Forestry and Arboriculture) received on 22 June 2007. 18. Letter from Occupier of 2 Station Cottages, Fledborough Station, High Marnham dated 22 June 2007 19. Memo from Crime Prevention Officer received on 26 June 2007. 20. Letter from Newark and Sherwood District Council dated 27 June 2007. 21. Email from agent for application received on 29 June 2007. 22. Letter from Dunham-on-Trent with Ragnall, Darlton and Fledborough Parish Council dated 2 July 2007. 23. Email from NCC Conservation (Ecology) received on 5 July 2007. 24. Letter from Notinghamshire Wildlife Trust dated 12 July 2007. 25. Letter from Bassetlaw District Council dated 13 July 2007. 26. Email from agent for application received on 18 July 2007. 27. Memo from NCC Conservation (Ecology) dated 18 July 2007. 28. Email from agent for application received on 20 July 2007. 29. Email from North Clifton Parish Meeting received on 31 July 2007. Electoral Division(s) and Member(s) Affected Collingham Cllr Vincent Dobson Tuxford Cllr John Hempsall PSP.DK/RH/ep5054 August 2007 (13.8.07)

17

APPENDIX 1

RECOMMENDED PLANNING CONDITIONS

Commencement 1. The development hereby permitted shall be begun within 3 years from the

date of this permission. Reason To comply with the requirements of Section 91 (as amended) of

the Town and Country Planning Act 1990. 2. The County Planning Authority (CPA) shall be notified in writing of the date of

commencement at least 7 days, but not more than 14 days, prior to the commencement of the development.

Reason To enable the CPA to monitor compliance with the conditions of

the planning permission. Approved Plans 3. The development hereby permitted shall only be carried out in accordance

with the following documents, unless otherwise agreed in writing with the CPA, or where amendments are made pursuant to the other conditions below:

a. Planning application forms and supporting statement received by the

CPA on 14 June 2007. b. Drawing No. LR/JH09930/10A – ‘High Marnham - Church Lane, Line of

Proposed Permissive Cycle Route’ received by the CPA on 14 June 2007.

c. Drawing No. LR/JH09930/11 – ‘Standard Details’ received by the CPA

on 30 May 2007. Reason For the avoidance of doubt. Ecological Constraints 4. No development shall take place until a survey has been undertaken by a

suitably qualified ecologist, a report of the survey submitted and approved in writing by the CPA (in consultation with Natural England) to identify the presence of any badgers, reptiles, bats, breeding birds, barn owls, Grizzled Skipper butterflies or other protected species on the site. The survey work shall be conducted in the appropriate survey season for each species immediately prior to commencement of the development. In the event that any badgers, reptiles, bats, breeding birds, barn owls, Grizzled Skipper butterflies or other protected species are identified, the survey report shall include a scheme of avoidance, mitigation and/or compensation measures to protect

18

any such species affected by the development and should be used to guide the definitive line of the cycle path route. The approved scheme shall only be implemented in accordance with the approved mitigation measures.

Reason In the interest of nature conservation and to accord with PPS9,

Policies 2/4 and 2/5 of the Nottinghamshire and Nottingham Joint Structure Plan, Policy NE17 of the Newark and Sherwood Local Plan and Policies 6/1 and 6/1A of the Bassetlaw Local Plan.

5. No development shall take place until a botanical survey has been undertaken

by a suitably qualified ecologist to identify locations of rare or scarce botanical species, including those identified on the SINC citation sheet for the site, and to provide a map of areas of low quality habitats which could be used for habitat creation or improvement. A report on the survey findings shall be submitted to the CPA for its approval in writing prior to the commencement of development. In the event that any rare or scarce botanical species are identified, the survey report shall include a scheme of mitigation and/or compensation measures to protect any such species affected by the development and should be used to guide the definitive line of the cycle path route. The approved scheme shall be implemented in accordance with the approved mitigation and/or compensation measures.

Reason In the interest of nature conservation and to accord with PPS9,

Policies 2/4 and 2/5 of the Nottinghamshire and Nottingham Joint Structure Plan, Policy NE17 of the Newark and Sherwood Local Plan and Policies 6/1 and 6/1A of the Bassetlaw Local Plan.

6. Prior to commencement of the development hereby permitted, details shall be submitted to the CPA for its written approval of the measures to be taken to

protect all retained trees from damage during the course of the development. The means of protection shall accord with the provisions set out in British Standard BS 5837:2005 entitled ‘Trees in Relation to Construction’ (or as may be subsequently amended) and shall include:

i) A plan to define all trees to be retained including means of protection

and those identified for removal; ii) Measures to prevent the disturbance, raising or reduction in soil levels

within the area of the root spread of trees to be retained; iii) Measures to prevent the storage and placement of materials or the

movement of plant machinery in the protected area(s). The means of protection shall be implemented in accordance with the

approved details prior to any equipment, machinery or materials are brought onto the site for the purpose of the development and shall be retained on site until all plant, machinery equipment and surplus materials have been removed

19

from the site. No excavation shall be made within the protected area(s) without the prior written approval of the CPA.

Reason In the interest of nature conservation and to accord with Policy

6/9 of the Bassetlaw Local Plan and Policy DD1 of the Newark and Sherwood Local Plan.

7. Prior to the commencement of the development hereby permitted, details

shall be submitted to the CPA for its written approval of areas within the site boundary that shall be set aside for habitat improvement or creation. The details shall specify the following:

a. the location of such habitat improvement or creation works b. the existing ecological value of these areas c. the objective of habitat improvement or creation works d. a method statement outlining how improvement or creation works will

be undertaken The development shall be implemented in accordance with the approved

details. Reason In the interest of nature conservation and to accord with PPS9,

Policy 2/4 of the Nottinghamshire and Nottingham Joint Structure Plan, Policy NE17 of the Newark and Sherwood Local Plan and Policy 6/1A of the Bassetlaw Local Plan.

8. All vegetation clearance works shall take place outside the bird nesting

season (March to August inclusive), unless otherwise agreed in writing by the CPA.


NE17 of the Newark and Sherwood Local Plan and Policy 6/1A of the Bassetlaw Local Plan.

9. Within six months of completion of the development hereby permitted, a landscape management scheme for all land acquired, leased or managed by

Nottinghamshire County Council within the boundaries of the application site shall be submitted to the CPA for its approval in writing. The scheme shall include the following details:

a. an evaluation of the site including an evaluation of the nature

conservation interest; b. a description of management objectives for the site; c. a list of management proposals and rationale;

20

d. a list of management prescriptions, including, but not limited to;

e. a timetable and methodology for vegetation clearance along the approved cycle path route;

f. a schedule of habitat maintenance.

The scheme shall be implemented in accordance with the approved details. Reason In the interest of nature conservation and to accord with Policy

2/6 of the Nottinghamshire and Nottingham Joint Structure Plan. Definition of the Proposed Route 10. No development shall take place until details of the definitive line of the cycle

path route have been submitted to and approved in writing by the CPA. The line of the cycle path shall be guided by the survey work conducted in accordance with Conditions 4, 5 and 6 and shall be selected to reduce negative impacts on biodiversity as far as practicable. Development shall be carried out in accordance with the approved details



11. The cycle path hereby permitted shall have a maximum width of 2 metres and

a minimum width of 1.2 metres. The width of the cycle path shall be guided by the survey work conducted in accordance with Conditions 4, 5 and 6 and shall be selected to reduce negative impacts on biodiversity as far as practicable.



Contractors’ Access and Site Working Arrangements 12. Prior to the commencement of the development, as notified under Condition 2

above, details of contractors’ access and site working arrangements shall have been submitted to and approved in writing by the CPA. The details shall specify the following:

a) The size and location of any works compound; b) The number, size (including height) and location of all contractors’

temporary buildings; c) The location(s) of passing places and means of access to the site and

routeing for construction traffic;

21

d) Temporary measures to ensure minimal intrusion upon protected flora and fauna species identified in accordance with Conditions 4 and 5.

e) The location(s) of all machinery and materials stored on site; f) Provision for contractors’ parking; g) Temporary means of enclosure and demarcation of the site operational

boundaries, to be erected prior to the commencement of construction operations in any part of the site and maintained for the duration of construction operations;

h) Measures to ensure that no vehicles shall leave the site in a condition

whereby mud, clay or other deleterious materials are carried onto the public highway;

The development shall be carried out in accordance with the approved details. Reason In order to minimise disturbance due to construction operations

and in the interest of amenity. 13. Unless in emergency, or as otherwise previously agreed in writing by the

CPA, the construction of the development hereby permitted shall only take place between the hours of 08.00hrs and 18.30hrs on weekdays and between 09.00hrs and 13.00hrs on Saturdays. No construction work shall be carried out on Sundays, Public or Bank Holidays.

Reason To safeguard the amenity of nearby residents in accordance

with Policies DD1 and DD4 of the Newark and Sherwood Local Plan and Policy 2/1 of the Bassetlaw Local Plan.

Submission of Further Details 14. No development shall take place until details of all fencing and gates along

the cycle path route have been submitted to and approved in writing by the CPA. The fencing and gates shall be erected prior to the cycle path first coming into use in accordance with the approved details.

Reason To safeguard the amenity of nearby residents in accordance

with Policies DD1 and DD4 of the Newark and Sherwood Local Plan and Policy 2/1 of the Bassetlaw Local Plan.

15. Prior to the commencement of the development hereby permitted, a design

specification and drawings for the upgrading works to High Marnham Viaduct and Church Lane Bridge shall be submitted to the CPA for its written approval. Development shall be carried out in accordance with the approved details.

22

Reason In the interest of visual amenity and to accord with Policies DD1 and DD4 of the Newark and Sherwood Local Plan and Policy 6/3 of the Bassetlaw Local Plan.

16. Prior to the commencement of the development, as notified under Condition 2

above, details of the measures to restrict unauthorised access along the multi-user footpath by motorbikes shall have been submitted to and approved in writing by the CPA. The development shall be carried out in accordance with the approved details.

Reason In the interest of crime prevention and to accord with Policies

DD1 and DD4 of the Newark and Sherwood Local Plan and Policy 6/3 of the Bassetlaw Local Plan.

17. No development shall take place until details of the cycle path surface,

including colour, have been submitted to and approved in writing by the CPA. Development shall be carried out in accordance with the approved details.

Reason In the interest of visual amenity and to accord with Policies DD1

and DD4 of the Newark and Sherwood Local Plan and Policy 6/3 of the Bassetlaw Local Plan.

Notes to Applicant: 1. The applicant’s attention is drawn to the content of the memorandum from the

NCC Ecology Team dated 18 July 2007, a copy of which is attached to the decision letter. The applicant is advised to consider the recommendations made by NCC Ecology in complying with the above conditions.

PSP.DK/RH/ep5054 3 August 2007 (13.8.07)

Documents

report - Nottinghamshire