Agenda item

Approved, That Cherwell District Council raises objection to Oxfordshire County Council

The Committee considered application 18/01814/CM for the temporary use of a site as a rail unloading and aggregate storage and distribution facility, including use of existing rail link and the development of new storage and lorry loading/unloading area incorporating offices, two weighbridges, lorry loading and parking areas, maintenance shed, aggregate storage bays and conveyors linking the storage bays to the rail unloading area to the north and the creation of a new vehicular access into Waterworks Road. (OCC Ref.: MW.0116/18) at Land East Of Grimsbury Reservoir, Water Works Road, Banbury for Tarmac Trading Ltd for Tarmac Trading Ltd. Cherwell District Council was a consultee on the application which would be determined by Oxfordshire County Council.

In reaching their decision the committee considered the officers’ report, presentation and written update.

Resolved

That Oxfordshire County Council be advised that Cherwell District Council raises objections to the application for the following reasons:

Green Infrastructure

·       The site sits within a recognised existing green space as shown within the Key Policies Map for Banbury within the Cherwell Local Plan Part 1 (2011-2031) and it is not allocated for employment or other uses. The site is considered to be an environmentally sensitive location close to the River Cherwell and Local Wildlife site at Grimsbury Reservoir and partially within an area of high flood risk. The green space in this area links through to Spiceball Park creating a green space that helps to improve access to the town centre and links through to the canal and river and new public spaces.

·       Policy C5 of the Cherwell Local Plan 1996 indicates that the Council will seek to protect the ecological value and rural character of specific key features within the District, including the River Cherwell and its setting.

·       The aim of conserving and enhancing the natural environment including the green infrastructure network and ecology are also policy requirements within the Cherwell Local Plan Part 1 (ESD10, ESD13 and ESD17). This also includes improving sustainable connectivity between sites.

·       Policy Banbury 11 also looks to support the need for open space, sport and recreation and this includes 'retaining the long term objective of seeking to establish a series of open spaces based on the Oxford Canal and River Cherwell linked by public footpaths/ cycleways with the intention of creating a linear park and thoroughfare from the north of the town and Grimsbury Reservoir to the new park to be provided as part of the committed development south of Bankside. Development that would prejudice this objective will not be permitted.'

·       The Banbury Vision and Masterplan SPD (December 2016) also identifies the green space and it identifies the north-south 'green lung' improving access, opening up the canal and river, connecting places together and creating a richer, more diverse bio-environment. The Masterplan confirms that the green space network within and around Banbury should be maintained, managed and enhanced as a unified multifunctional resource to deliver the true environmental, social and economic benefits required by the residents of Banbury.

·       The proposal would undermine the District Council's ambitions with regard to the protection of existing green infrastructure networks through the town and the consequent benefits that these would bring as described by the Policy/ Masterplan. The restoration works would take time following the use of the land ceasing and it is possible that there could be pressure for the retention of the development at the end of the five year period should demand for aggregates continue that would benefit the applicant retaining a larger facility.

Landscape Impact

·       Visual receptors on the public right of way to the south of the site will be affected by the intrusion and harm of the proposal. The Southern boundary should be planted with native trees and understorey for the benefit of users of the PRoW.

·       For the benefit of the landscape and ecological receptors, the existing hedgerows should be retained and protected during the use of the site. This should include developing native structural vegetation on the northern and western boundaries. It is also recommended that root protection zones must also be identified and robust protective fencing erected to protect these zones against the storage of material and site vehicles.

Environmental Impact

·       Policy ENV1 of the Cherwell Local Plan 1996 confirms that development that is likely to cause materially detrimental levels of noise, vibration, smell, smoke; fumes or other types of environmental pollution should not normally be permitted.

·       In addition, Policy SLE5 of the Cherwell Local Plan Part 1, relating to HS2, requires that the design and construction of the HS2 Rail Link must minimise adverse links on the environment, local economy and communities. Policy SLE5 also requires the construction of HS2 to be managed to minimise the impacts on communities and the environment.

·       The District Council's Environmental Protection Officer has requested further information with regard to the proposed direction of travel of the trains, where the locomotive will be when the unloading is carried out and whether the engine needs to be running or whether it can be turned off. The concern is that if the locomotive is idling to the south of the drop off site, then this will increase noise levels for residents near the line south of Hennef Way.

·       Cherwell District Council considers that a planning condition should be imposed to restrict working hours at the site and for there to be a safeguard in place to deal with any potential noise complaints. This should align with conditions relating to working on hours on the existing adjacent site (to which CDC object to the removal of the condition relating to working hours and the removal of the safeguards regarding what should happen if there are noise complaints as set out in the response to OCC referenceMW.0117/18 - CDC reference 18/01826/CM)

·       It is also recommended that a condition is imposed to control HGV movements - this should restrict HGV movements to between 06:00 - 20:00 Monday - Friday, between 06:00 - 15:00 Saturdays and 08:00 - 15:00 Sundays and Bank Holidays - it is noted the start time on Sundays and Bank Holidays is later than proposed, but this is preferable.

·       In respect of matters relating to light, odour and contaminated land, no comments are made by the District Council's Environmental Protection Officer.

·       Cherwell District Council has serious concerns regarding the impact of the development upon air quality.

·       Planning conditions should be imposed with regard to noise mitigation as recommended within the Noise report, including the use of Bottom Discharge Units for the unloading of trains. This mitigation should be in place before any overnight working begins and it is suggested that if there is any failure of the mitigation, then overnight work should cease until the issue is resolved. Cherwell District Council considers there could be conflict with Policies ENV1 of the Cherwell Local Plan 1996 and SLE5 of the Cherwell Local Plan Part 1 if sufficient safeguards are not in place.

Ecology

·       In respect of Ecology, the District Council's Ecologist considers that the Banbury Ornithological Society make some valid and important points on Ecology. The importance of retaining habitat and green infrastructure close to rivers and waterways raises its value.

·       Protection of the watercourse is not specifically mentioned and needs to be considered with buffer zones clearly in place during operation. Records show Otter recorded 445m to the north and less than 200m to the West. The impacts on otters and other fauna passing through the land should be accounted for in the lighting strategy and construction hours even where there is no suitable habitat on site. An unobstructed route should be maintained.

·       In addition, it is noted that there is no calculation provided regarding whether a net biodiversity gain can be achieved. Cherwell District Council would suggest that to understand whether the requirements of Policy BSC10 of the Cherwell Local Plan Part 1 can be met, a calculation, undertaken in accordance with a recognised biodiversity metric should be provided. This can then be used to aid the production of a fully agreed and funded restoration plan with management for when the use of the site for this proposal is completed.

·       CDC notes that objections have been received from the Environment Agency and OCC Highways. CDC has serious concerns regarding the increase in movements along Hennef Way both in respect of air quality (upon the designated Air Quality Management Area) and noise but also the impact of additional traffic on this already congested route. CDC acknowledges that the proposal is related to national infrastructure projects, including HS2 and that there would be some contribution to the local economy. The site's position adjacent to the existing Tarmac facility and the rail infrastructure is also recognised. However CDC has serious concerns regarding the suitability of this particular site given the site constraints and impacts that are likely to arise and these matters need to be fully considered by OCC.