Agenda item

Flood alleviation scheme comprising a pumping station and associated inlet structure, control kiosk, access track and parking area; culvert under Selby Road; outfall structure and floodwall alignment and penstock across Germany Beck; two earth flood embankments, and a temporary construction compound and tree works within the Fulford Conservation Area.  [Fulford and Heslington Ward]

Members considered a full application by City of York Council for a Flood alleviation scheme comprising a pumping station and associated inlet structure, control kiosk, access track and parking area; culvert under Selby Road; outfall structure and floodwall alignment and penstock across Germany Beck; two earth flood embankments, and a temporary construction compound and tree works within the Fulford Conservation Area.

The Development Manager gave a presentation on the plans and the Development Management Officer provided an update which summarised an additional representation and amended planning conditions as follows:

Archaeology condition 4

Condition 4 needs to be split into two separate conditions and should read as follows:

4.  No development or archaeological investigation shall take place until a written scheme of investigation (WSI) for all outlined archaeological works has been submitted to and approved by the local planning authority in writing. For land that is included within the WSI, no development shall take place other than in accordance with the agreed WSI. The WSI should conform to standards set by LPA and the Chartered Institute for Archaeologists.

Reason: The site is considered to be an area of archaeological interest. Therefore, the development may affect important archaeological deposits which must be recorded prior to destruction, in accordance with Section 16 of the NPPF.

New 5.A programme of post-determination archaeological mitigation, specifically an archaeological watching brief, metal detecting survey and excavation is required on this site.

The archaeological scheme comprises 3 stages of work. Each stage shall be completed and agreed by the Local Planning Authority before it can be approved.

A)   The site investigation and post-investigation assessment shall be completed in accordance with the programme set out in the approved Written Scheme of Investigation and the provision made for analysis, publication and dissemination of results and archive deposition will be secured. This part of the condition shall not be discharged until these elements have been fulfilled in accordance with the programme set out in the WSI.

B)   A copy of a report (and evidence of publication if required) shall be deposited with City of York Historic Environment Record to allow public dissemination of results within 3 months of completion or such other period as may be agreed in writing with the Local Planning Authority.

Reason: The site is considered to be an area of archaeological interest. Therefore, the development may affect important archaeological deposits which must be recorded prior to destruction, in accordance with Section 16 of the NPPF.

Archaeology condition 6

Condition 6 needs to be reworded to remove reference to “The Fulford Battlefield Society and other Interested Parties.”

Additional Informative to condition 6

In relation to the scheme of interpretation, it is recommended the Fulford Battlefield Society, the Parish Council and any other interested parties are consulted and involved prior to the submission of the final scheme for approval to the Local Planning Authority. 

Officers confirmed that the recommendation remained for approval subject to the conditions set out within the report and as amended above.

In response to Members’ questions, the location of the trees to be removed was clarified.

Public Speakers

Parish Cllr, Andrew Vevers, spoke on behalf of Fulford Parish Council.  He was broadly in support of the application but requested a condition for mature replacement trees, rather than whips, to retain a mature Ash tree (T19) and the council look to replace the open space land that would be lost should the project go ahead.

In response to questions from Members, he confirmed that the Parish Council had not identified an alternative site for open space and that they were requesting further consultation and did not want to block the development.

Cllr Ravillious, Ward Councillor was unable to attend the meeting.  Her statement, in support of the application, was read out by the Chair.  She requested that the council negotiate with the Parish Council regarding a replacement for the loss of open space and asked that the conditions contained in the City Archaeologist’s report be included.

Steve Wragg, the applicant on behalf of the City of York Council, spoke in support of the application.  He outlined the scheme and the benefits of reducing the operational response to flooding whilst noting the impact on biodiversity and views.

In response to questions from Members, he gave assurances that CYC would continue to work with the Parish Council with particular reference to the loss of open space and the tree, T19.

The City Archaeologist confirmed that she was in agreement with Historic England and the visual impact of the pumping station would not impact on the decision to designate the site as a battlefield.

Officers reported that the temporary access and the compound would have to be removed to implement the landscaping scheme.  Condition 11 could be amended to reflect this, if Members felt it necessary to do so. 

It was also confirmed that fish friendly, low flow pumps had been specified.

Following debate, Cllr Warters proposed the officer recommendation to approve the application, subject to the following amendments:

·       Condition 11 be amended to require the removal of construction compound and roadway alongside implementation of planting scheme.  Extend the protection of trees/woodland to it’s lifetime.

·       An informative to be included regarding the possible alternative open space for Fulford Parish Council.

·       An informative to retain T19 if possible.

This motion was seconded by Cllr Hollyer and following a unanimous vote in favour, it was:

Resolved:             That the application be approved.

Reason:

                                    i.          The proposals for the flood alleviation scheme are clearly justified and necessary in this location. The development would provide wider sustainability benefits to the community and reduce flood risk overall, in particular around the A19 (Selby Road), Fordland’s Estate and the Cemetery. Whilst it is acknowledged a dwelling in Cell B8 will be deemed at risk as a result, it is understood this property already benefits from flood defences. The proposal therefore passes the sequential and exception tests in relation to flood risk.

                                   ii.          The site lies within the Green Belt. Whilst engineering operations are classed as appropriate in the Green Belt, they must still preserve the openness. It is considered the above-ground structures such as the kiosk, would harm the Green Belt visually and spatially. However very special circumstances have been identified to outweigh the harm to the openness arising from the above ground physical structures.

                                 iii.          The overall design and material choice of the infrastructure is suitable for its use, including matching brick slips and moss green pipework. However it is considered the presence of an engineered structure, within a fairly verdant and semi-rural setting, presents some harm to the setting and entrance of Fulford Conservation Area, in particular when arriving from Selby Road. The harm is assessed as less than substantial and there are significant public benefits arising from the development.

                                 iv.          With regards to archaeology, the proposed infrastructure will not significantly harm the setting or legibility of the battlefield site. The above ground impact will not pose any threat to future designation of the battlefield. The development has the potential to impact upon archaeological deposits and mitigation is therefore recommended which is secured by condition.

                                  v.          The development will be located on land currently designated as open space – Fordlands Road Playing Field, however taking into account existing topography and vegetation, the proportion of land to be used is small and currently not useable for recreational importance. The proposed replacement landscaping, will aid in increasing the recreational value of the playing field, on planning balance and given the size, use and nature of the land it would be unreasonable to ask for replacement open space elsewhere.

                                 vi.          The removal of trees is necessary to facilitate the development, however the replacement landscaping is considered appropriate and will screen the development from public viewpoints, particularly from the playing fields. Public protection matters such as noise and dust can be controlled by condition. A new access from Selby Road is required for periodic maintenance and emergency access to enter a vehicle parking area for contractors. Members will be updated at committee with regards to the Highway Officers updated comments.

                               vii.          The Ecological Impact Assessment identified key ecological receptors that require mitigation during the construction and operation phases of the development. Neither the proposed ground investigations or the wider proposed works are likely to adversely affect the botanical integrity of the wider Fulford Ings SSSI and adjacent land. The Ecologist and Environment Agency recommend an updated CEMP to be secured by condition. Additional conditions such as an invasive non-native species method statement and LEMP have also been added. The natural environment is therefore conserved and enhanced.

                             viii.          On planning balance and taking all matters into consideration, including attaching substantial weight to the public benefits arising from the development, the application accords with the provisions of national planning policy and policies within the Draft Local Plan (2018) and is therefore recommended for approval subject to conditions.

[6.54 – 7pm, the Chair took a short adjournment.  Cllrs Baxter and Vassie left the meeting.  Cllrs Melly and Clarke, stepped off the committee for the duration of item 4c.]