9
The Chairman announced that Agenda Items 6 and 7 would be taken together.
The Committee considered report ES/0257 which gave details of the planning application for the construction of tidal flood walls in Lowestoft Outer Harbour to provide a 1 in 200 AEP (Annual Exceedence Probability) standard of protection against tidal flooding to residential and commercial areas of Lowestoft.
The Senior Planning and Enforcement Officer explained that the project delivered improved tidal flood resilience to Lowestoft by building up sea defences in areas where levels were too low to offer effective defence and provided temporary barriers and flood gates where gaps for access occurred. The application was before committee as the Applicant was the Council and also there was significant public interest.
Members were shown an aerial view, photographs and location plans of the site which was in three main areas; south side of the bridge, the yacht club, slipway and environs, and north of the bridge around the trawl basin. Detailed cross sections were shown, the proposed weld mesh fence was considered to be less intrusive and the limited height of the wall could be increased at a later date.
The Senior Planning and Enforcement Officer outlined the material planning considerations and key issues including the principle, the listed building setting and Conservation Area, and the fact that it was considered there would be no material change that would cause harm to the landscape. There might be some affect on the amenity during construction due to piling works; however, a Construction Management Plan was being requested by condition. Approval was being sought subject to relevant conditions and a further response from the Environment Agency.
In response to a question relating to the permanence of the structure, the Senior Planning and Enforcement Officer explained that the demountable barriers were permanent, it was the section above ground level that could be removed. The in-ground pilings would not be removed and had a 100 year life span. The access itself was too wide for flood gates and the removal of the relevant section was to allow access.
The Chairman reminded Members that the provision of flood defences was a long standing project to safeguard Lowestoft and support major improvements for the regeneration of the town. The Committee supported the proposal and it was unanimously
RESOLVED
That authority to determine the application be granted, subject to the following conditions (including any additional conditions and alterations to the drawing schedule as may be required by the expected response from the Environment Agency); or if this response has not been received or further work is requested by the Agency, to return delegated powers to officers on this matter:
1. The development hereby permitted shall be begun within a period of three years beginning with the date of this permission.
Reason: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended.
2. The development hereby permitted shall be constructed in all respects strictly in accordance with drawings with prefix 676284 and the following suffixes:
Location plans: PL300, PL301, PL302, PL303 all revision 0 showing definitive red lined site extents and; Detailed works plans reference PL111 rev 5, PL112 rev 6, PL113 rev 1, PL114 rev 3, PL115 rev 4, PL116 rev 4, PL117 rev 3, PL118 rev 3, PL119 rev 4 and; Details and sections: PL200 rev 4 (details), PL201 rev 5 (sections CC, DD, EE), PL202 rev 5 (details), PL203 rev 4 (club walls), PL204 rev 3 (section FF), PL205 rev 3 (Sections GG, HH), PL206 rev 6 (Sections II, JJ, KK, LL), PL208 rev 3 (demountable barriers), PL209 rev 4 (Sections MM, NN, etc), PL210 rev 4 Sections PP thro' SS) and CH2M 2016 Geotechnical desk study; WYG (2017) factual report on ground investigations, Geotechnical Interpretative Report (CH2M, 2017), Technical memorandum Lowestoft FRMP - chemical testing (CH2M, 2018), Jacobs 2019 GW technical note (annex L of Flood Risk Assessment); Jacobs 2019 Preliminary Water Framework Directive Assessment, Jacobs 2019 Environmental Statement, Jacobs 2019 Piling Risk Assessment all received 10 July 2019, for which permission is hereby granted or which are subsequently submitted to and approved by the Local Planning Authority and in compliance with any conditions imposed by the Local Planning Authority.
Reason: For the avoidance of doubt as to what has been considered and approved.
3. Prior to each phase of development approved by this planning permission no development/No development approved by this planning permission, shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the local planning authority. This strategy will include the following components:
- An options appraisal and remediation strategy for the two copper hotspots identified in BH04 at 0.4m and in WS03 at 1.0m, giving full details of the remediation measures required and how they are to be undertaken.
- A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy (in 2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
- Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved.
Reason: To ensure that the development does not contribute to unacceptable levels of water pollution in line with paragraph 170 of the National Planning Policy Framework. To prevent deterioration of a water quality element to a lower status class in the permeable superficial deposits, the underlying Crag aquifer, and the coastal sea waters.
4. Prior to each phase of development being brought into use, a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.
Reason: To ensure that the site does not pose any further risk to the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete. This is in line with paragraph 170 of the National Planning Policy Framework.
5. If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.
Reason: To ensure that the development does not contribute to, is not put at unacceptable risk from, or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 170 of the National Planning Policy Framework. To prevent deterioration of a water quality element to a lower status class in the above-mentioned water bodies.
6. A Construction Management Plan shall be submitted to, and approved by, the Local Planning Authority prior to the commencement of development. This should contain information on how noise, dust, and light will be controlled so as to not cause nuisance to occupiers of neighbouring properties. The works shall be conducted in accordance with the plan.
Reason: To limit impact on sensitive receptors arising from construction work.
7. No development shall commence until details of the strategy for the disposal of surface water on the site (including assessment and management of surface water flood volumes) have been submitted to and approved in writing by the local planning authority.
Reason: To ensure that the principles of sustainable drainage are incorporated into this proposal, to ensure that the proposed development can be adequately drained
8. No development shall commence until details of the implementation, maintenance and management of the strategy for the disposal of surface water on the site have been submitted to and approved in writing by the local planning authority. The strategy shall be implemented and thereafter managed and maintained in accordance with the approved details.
Reason: To ensure clear arrangements are in place for ongoing operation and maintenance of the disposal of surface water drainage.
9. The infrastructure hereby permitted shall not be operational until details of all Sustainable Drainage System components and piped networks have been submitted, in an approved form, to and approved in writing by the Local Planning Authority for inclusion on the Lead Local Flood Authority's Flood Risk Asset Register.
Reason: To ensure that the Sustainable Drainage System has been implemented as permitted and that all flood risk assets and their owners are recorded onto the LLFA's statutory flood risk asset register as per s21 of the Flood and Water Management Act 2010 in order to enable the proper management of flood risk with the county of Suffolk
https://www.suffolk.gov.uk/roads-and-transport/flooding-and-drainage/flood-risk-asset-register/
10. No development shall commence until details of a Construction Surface Water Management Plan (CSWMP) detailing how surface water and storm water will be managed on the site during construction (including demolition and site clearance operations) is submitted to and agreed in writing by the local planning authority. The CSWMP shall be implemented and thereafter managed and maintained in accordance with the approved plan for the duration of construction. The approved CSWMP and shall include:
a. Method statements, scaled and dimensioned plans and drawings detailing surface water management proposals to include :-
i. Temporary drainage systems
ii. Measures for managing pollution / water quality and protecting controlled waters and watercourses
iii. Measures for managing any on or offsite flood risk associated with construction
Reason: To ensure the development does not cause increased flood risk, or pollution of watercourses or groundwater
11. Further details on the design and colour of the fencing shall be submitted in written and drawn form and approved by the Local Planning Authority before installation. Works shall then proceed in conformity to the approved plans and specifications.
Reason: To ensure the fence is designed in a manner appropriate to the Conservation Area.
12. The reconstructed pier to the yacht club landward walls shall incorporate the slight batter found in the existing piers, and use the same brick and bond pattern as the existing and a mortar mix to match the colour of the original.
(Note that the original panels were lime mortar and this was less successful in the environment where road salt acted to damage this material, a coloured cementitious material might be more practicable).
Reason: To ensure exact reproduction of the wall details where the submitted details are not clear with regard to the wall batter)
13. The recommendations in the Preliminary Ecological Appraisal (PEA), CH2M, July 2017; PEA Addendum, Jacobs, August 2018; Kittiwake Survey, CH2M, August 2017; Bat Risk Assessment, CH2M, August 2017 and Japanese Kelp Survey, Abrehart Ecology, July 2018) for mitigation of impact shall be carried out in full and shall be accompanied by an updated survey for nesting kittiwakes to be undertaken (in the appropriate season) prior to construction commencing and any further mitigation suggested as a result of this survey carried out.
Reason: To protect the ecology of the harbour area and protected sites for wildlife.
14. No development shall take place within the area indicated [the whole site] until the implementation of a programme of archaeological work has been secured, in accordance with a Written Scheme of Investigation which has been submitted to and approved in writing by the Local Planning Authority.
The scheme of investigation shall include an assessment of significance and research questions; and:
a. The programme and methodology of site investigation and recording.
b. The programme for post investigation assessment.
c. Provision to be made for analysis of the site investigation and recording.
d. Provision to be made for publication and dissemination of the analysis and records of the site investigation.
e. Provision to be made for archive deposition of the analysis and records of the site investigation.
f. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation.
g. The site investigation shall be completed prior to development, or in such other phased arrangement, as agreed and approved in writing by the Local Planning Authority.
Reason: To ensure the historic interest of the area is properly investigated.
15. No works within the highway associated with the permitted development shall be commenced until details of those works have been submitted to and approved in writing by the Local Planning Authority in co-operation with the Highway Authority.
Reason: To ensure that any works within the highway are designed and constructed to an appropriate specification in the interests of highway safety.