17 NOVEMBER 2015 PLANNING COMMITTEE. on Cttee Day: 73/73. Land To The Rear Of Brook Farm Rickford Worplesdon, Bagshot Road, Woking, Surrey

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1 5l 14/0218 Reg d: Expires: Ward: BR Nei BVPI Con. Target: 18 Exp: Number of Weeks On Target? on Cttee Day: 73/73 Y LOCATION: PROPOSAL: TYPE: Land To The Rear Of Brook Farm Rickford Worplesdon, Bagshot Road, Woking, Surrey Proposed retention of attenuation pond (retrospective) Full APPLICANT: Mr Andrew Watson OFFICER: Joanne Hollingdale REASON FOR REFERRAL TO COMMITTEE The proposed development is outside the scope of the Scheme of Delegation. SUMMARY OF PROPOSED DEVELOPMENT The application is for full planning permission for the retention of a pond. PLANNING STATUS Green Belt Flood Zone 3 (high risk) Thames Basin Heaths SPA RECOMMENDATION GRANT planning permission subject to condition. SITE DESCRIPTION The application site is located to the rear of Brook Farm, Worplesdon (which lies within the Borough of Guildford). The application site comprises an attenuation pond approximately 0.17 hectares in area. An area of scrub is located on an island in the middle of the pond. Before the pond was created it is likely that the land was grassland (the submitted ecology report identifies semi-improved grassland). The Hoe Steam is located to the south of the pond. The pond is connected to the Hoe Stream. The applicant advises that before the pond was created the land held a small drainage ditch. To the north of the application site is a large area of semi-natural broadleaved woodland and there are mature trees located in the vicinity of the Hoe Stream. PLANNING HISTORY There is no planning history relating to this application site. PROPOSED DEVELOPMENT 164

2 The application seeks full planning permission for the retention of an attenuation pond. The pond has a surface area of approximately 0.17 hectares. There is also a small island within the pond. The pond is approximately 0.8 metres deep. The applicant advises that the pond was created as ground water levels in the area are high and the land surrounding the ditch [a small drainage ditch which existed previously] and adjacent to the Hoe Stream was frequently boggy. The pond was created to efficiently drain the land and create a feature offline from the watercourse. The pond will attenuate run off from the adjacent [farm] land before discharging into the Hoe Stream. CONSULTATIONS Environment Agency: No objection subject to condition (condition 1). Without this condition the proposed development poses an unacceptable risk to the environment and an objection would be raised. Natural England: No objection Surrey Wildlife Trust: The Preliminary Ecological Assessment submitted by the applicant provides sufficient information for the Local Planning Authority to be able to assess the potential status of protected species and important species on the site and the likely effect of development on them. Should the Local Planning Authority be minded to grant planning permission then the applicant should be required to undertake all of the recommended actions in the report including the biodiversity enhancements (condition 1). We also note that Himalayan Balsam is present along the stream on site and care will need to be taken not to cause this plant to spread as it is an offence to allow it to spread in the wild (informative 3). Council s Drainage and Flood Risk Engineer: Any comments received will be reported verbally. Guildford Borough Council: No objection REPRESENTATIONS No letters received. RELEVANT PLANNING POLICIES The relevant policies are: National Planning Policy Framework 2012 Section 10 Meeting the challenge of climate change, flooding and coastal change Section 11 Conserving and enhancing the natural environment Planning Practice Guidance Woking Core Strategy 2012 CS6 Green Belt CS7 Biodiversity and nature conservation CS9 Flooding and water management CS21 Design CS24 Woking s landscape and townscape Woking Borough Local Plan 1999 (Saved Policies) 165

3 NE9 Trees within development proposals Development Management Policies DPD (October 2015) DM2 Trees and landscaping DM6 Air and water quality DM13 Buildings in and adjacent to the Green Belt (also refers to other forms of development listed in paragraphs 89 and 90 of the NPPF) PLANNING ISSUES 1. The main issues to consider in determining this application are whether the proposed development is appropriate in the Green Belt, impact on visual amenity, impact on flood risk, impact on ecological matters and impact on residential amenity. Green Belt 2. The site is located in the Green Belt. The NPPF makes clear that the Government attaches great importance to Green Belts. The NPPF sets out at Paragraphs 89 and 90 what types of development comprise not inappropriate development within the Green Belt. One of the exceptions listed in Paragraph 90 is engineering operations and these are qualified as being not inappropriate development provided they preserve the openness of the Green Belt and do not conflict with the purposes of including land within it. 3. The creation of a pond is an engineering operation as it only involves the excavation of land to create a depression to form a pond. A pond by its nature is not considered to impact on the openness of the Green Belt as there is no interruption to the openness of the site. In addition, the creation of a pond is not considered to conflict with any of the five purposes of the Green Belt. On this basis the creation of the pond is not inappropriate development within the Green Belt and would comply with Policy CS6 of the Woking Core Strategy and the policies in the NPPF. Although only limited weight can be given to the Development Management Policies DPD, it is also noted that the proposal would not conflict with Policy DM13 relating to other types of development in the Green Belt. Impact on visual amenity 4. With regard to visual amenity, the pond has a natural shape with shallow banks to all sides. The area immediately around the pond is formed by grassland or plant/shrub vegetation. The wider area is characterised by open grassland between belts of trees and woodland areas. The pond appears as a naturally formed feature rather than manmade, given its shape, and it does not appear at odds with the rural character of the surrounding land. It is not uncommon to find ponds within rural areas or adjacent to watercourses. The development does not therefore have any adverse impact on the character and appearance of the site and the surrounding rural locality and is considered to comply with Policies CS21 and CS24 of the Woking Core Strategy. Impact on flood risk 5. The application site is located within Flood Zone 3 (high risk). The creation of an attenuation pond is considered to be water compatible development which in accordance with guidance in the PPG is acceptable within this flood zone. The applicant has advised that the pond was created as ground water levels in the area are high and the land surrounding the ditch [a small drainage ditch which existed previously] and adjacent to the Hoe Stream was frequently boggy. The pond was created to efficiently drain the land and create a feature offline from the watercourse. The pond will attenuate run off from the adjacent [farm] land before discharging into the Hoe Stream. The 166

4 Environment Agency does not raise any concerns in relation to flood risk in their consultation response. 6. The Environment Agency has advised that the pond is located adjacent to and within the Water Framework Directive (WFD) body: the Hoe Stream. The WFD requires that all water bodies are protected and prevented from deterioration and pollution. The Hoe Stream, designated as a main river is currently failing to attain the WFD s ecological standards due to failures in macrophyte and phosphate elements due primarily to point source pollution caused by sewage discharge. During times of high flow or flood, the Environment Agency advises that sediments or contaminant-laden waters of the attenuation pond may enter the Hoe Stream. Therefore surface water runoff from the site must be managed in such a way so as to prevent the ingress of sediment or contaminant laden waters into the Hoe Stream. Subject to a condition (condition 1) to manage this and other matters, the Environment Agency raises no objection to the application. 7. Having regard to the above matters it is considered that the attenuation pond is watercompatible development which is appropriate in Flood Zone 3 and would not increase flooding elsewhere. In addition it is also considered that subject to the condition recommended by the Environment Agency the Hoe Stream would be protected from deterioration and pollution potential from the pond and the pond would enhance biodiversity on the site. The development is therefore considered to comply with Policies CS7 and CS9 of the Woking Core Strategy and the policies in the NPPF. Although only limited weight can be given to the Development Management Policies DPD, it is also noted that the proposal would not conflict with Policy DM6 relating to water quality. Impact on ecology 8. A Preliminary Ecological Assessment has been submitted with the application and this has assessed the ecological value of the pond and the immediately surrounding area. The application site lies in close proximity to the Whitmoor Common and Ash to Brookwood Heaths Sites of Special Scientific Interest (SSSI), with the latter SSSI forming part of the Thursley Ash, Pirbright and Chobham Special Area of Conservation (SAC). 9. The Ecological Assessment advises that given the location of these designated sites in relation to the pond, the development would not have adversely impacted on the conservation value of these sites. In this regard Natural England concurs with that view and advises that the development does not adversely impact these sites and thus no objection is raised to the proposal. 10. There are three non-statutory Sites of Nature Conservation Importance (SNCI) within 1km of the application site. The closest of these is the Hoe Stream SNCI. The Ecological Assessment advises that at the time of the walkover survey, the water quality appeared to be good and there was no evidence that any works had resulted in a detrimental impact on the Hoe Stream. The Assessment further advises that the presence of a pre-existing drainage ditch indicates that some level of discharge into the stream was likely prior to the creation of the pond, therefore the creation of a new outflow from the pond is only considered to be significant should the water within the pond be subject to contamination. The Assessment recommends that the management of the pond should be undertaken in accordance with best practice to mitigate pollution potential and this is encapsulated within the condition recommended by the Environment Agency. The other SNCI sites are considered to be of sufficient distance that there was no evidence of any impacts following the creation of the pond. 167

5 11. With regard to habitats the Ecological Assessment notes that a small area of semiimproved grassland was lost by the creation of the pond, but as the surrounding area is dominated by semi-improved grassland, the loss of this small area to create the pond is not ecologically significant. The Assessment also advises that there is no evidence of any compaction or other adverse impacts to the trees and woodland areas close to the pond. In addition, no adverse impacts to any protected species or other species are identified in the Ecological Assessment. It is further noted that the creation of a pond in close proximity to scrub and trees is also considered to be of benefit to local biodiversity, including the provision of additional habitat resource for water voles and otter which have the potential to occur within the Hoe Stream and to amphibians by providing potential breeding habitat. 12. A number of recommendations are made within the applicant s Ecological Assessment but as these relate to ongoing management and maintenance activities it is considered that these are sufficiently covered by the condition recommended by the Environment Agency. It is also noted that the Surrey Wildlife Trust raises no objection to the application subject to the recommendations being secured by condition which are included in condition 1. The creation of the pond is therefore considered to comply with Policy CS7 of the Woking Core Strategy and the policies in the NPPF. Although only limited weight can be given to the Development Management Policies DPD, it is also noted that the proposal would not conflict with Policy DM2 relating to trees. Impact on Residential Amenity 13. As the pond is a ground level feature only and given the sufficient distance between the pond and nearby neighbouring dwellings, it is not considered that the pond has any adverse impact on the amenities of any nearby residential occupiers. The development therefore complies with Policy CS21 of the Woking Core Strategy and the policies in the NPPF. Local Finance Considerations 14. The development is nil rated under the Council s Community Infrastructure Levy Charging Schedule. CONCLUSION 15. The creation of an attenuation pond is not inappropriate development within the Green Belt, would maintain openness and would not conflict with its purposes. In addition the pond is not considered to have any adverse impact on the visual amenity of the site and surrounding area or have any adverse flood risk, ecological or neighbour amenity impacts. The development is therefore considered to be an acceptable form of development that complies with Policies CS6, CS7, CS9, CS21 and CS24 of the Woking Core Strategy, the policies in the NPPF and guidance in the PPG, subject to the recommended condition. In considering this application the Local Planning Authority has had regard to the provisions of the development plan so far as is material to the application and to any other material planning considerations. In making the recommendation to grant planning permission it is considered that the application is in accordance with the development plan of the area. BACKGROUND PAPERS Planning file PLAN/2014/0218 Consultation responses RECOMMENDATION It is recommended that planning permission be GRANTED subject to the following condition: 168

6 1. Within 6 months of the date on the decision notice, a Landscape and Ecological Management Plan, including long- term design objectives (aimed at improving the pond for biodiversity), management responsibilities and maintenance schedules (including a timetable for maintenance) for the pond and surrounding land shall be submitted to, approved in writing by the Local Planning Authority and implemented in accordance with the timings/timetable set out therein. The Landscape and Ecological Management Plan shall be carried out as approved and any subsequent variations shall be agreed in writing by the Local Planning Authority. The scheme shall incorporate the recommendations detailed in section 6 of the Preliminary Ecological Assessment report number RT-MME dated May 2014 and prepared by Middlemarch Environmental, and shall also include the following elements: Details of a newly created channel at the downstream end of the pond that links with the Hoe Stream. This channel should be designed so that it holds enough water to allow fish passage in/out of the pond throughout the year, thus preventing fish becoming trapped in the pond during low flows. This work will require Environment Agency consent. Details of management activities to the pond these should be undertaken in accordance with best practice, e.g. the Environment Agency s Pollution Prevention Guidelines, to ensure that the Hoe Stream is not adversely impacted. Such activities should also avoid causing adverse impacts on the adjacent non-statutory woodland sites. The use of heavy machinery should not be permitted within 5 m of the woodland edge in order to avoid issues associated with soil compaction. Details of management activities to the land surrounding the pond, including the buffer zone along the watercourse, the grassland and the woodland. Such management activities should ensure that pollution sources and pathways are managed appropriately to minimise the risk of polluted surface water runoff entering the pond and subsequently adversely impacting the water quality and ecological value of the Hoe Stream. Details of how the pond and surrounding land will be managed to provide ecological enhancements, for example: - Retaining a diverse array of native aquatic and marginal vegetation species of UK provenance. - Expanding the pond s marginal habitat so that it is not uniform around the entirety of the perimeter. The banks will ideally be graded at a 1:10 1:15 slope. - Creating log piles as refugee for invertebrates and reptiles. - Sowing wildflower mix on the surrounding grassland and managing it appropriately to create a more floristically diverse sward. - Leaving uncut margins along the banks of the watercourse to provide habitat corridors in which species can move. Details of defined access routes to and around the pond identified to minimise impacts 169

7 Commitment to monitoring and removal of any non-native and invasive species that could colonise the pond. Please note that prior written permission of the Environment Agency is required prior to application when using herbicides near water. More information can be found here: All management activities should be carried out outside of the bird nesting season (March August inclusive) Reason: To ensure the protection of wildlife and supporting habitat, secure opportunities for the enhancement of the nature conservation value of the site and to prevent risk of water pollution and protect water quality. This is sought in accordance with paragraph 109 of the National Planning Policy Framework (NPPF) which states that the planning system should contribute to and enhance the natural and local environment by minimising impacts on biodiversity and providing net gains in biodiversity where possible and by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of water pollution. This is also in accordance with the Water Framework Directive (WFD) which requires that all water bodies are protected and prevented from deterioration and pollution. Paragraph 118 of the NPPF also states that opportunities to incorporate biodiversity in and around developments should be encouraged. Article 10 of the Habitats Directive stresses the importance of natural networks of linked habitat corridors to allow the movement of species between suitable habitats, and promote the expansion of biodiversity. River corridors are particularly effective in this way. Such networks and corridors may also help wildlife adapt to climate change. Informatives 1. The applicant is advised that any recreational use or other use of the pond other than in connection with the drainage of the surrounding agricultural land and the enlargement of the pond would require prior planning permission. 2. The applicant is advised that the Environment Agency recommend that the pond is not stocked with fish. Any fish stocking will require consent from the Environment Agency. 3. The attention of the applicant is drawn to the comments of the Surrey Wildlife Trust which advises that Himalayan Balsam is listed on Schedule 9 of the Wildlife and Countryside Act 1981 (Part II) and as such it is an offence to allow it to spread in the wild. The most effective way to eradicate the plant is to pull individuals by hand before they set seed, stamp on any root fragments left behind and then compost the material separately until well-rotted. Further information on this species can be obtained from the GB Non-native Species Secretariat at 4. The Council confirms that in assessing this planning application it has worked with the applicant in a positive and proactive way, in line with the requirements of paragraph of the National Planning Policy Framework