PAPER B2
REPORT OF THE STRATEGIC
DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES
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TCP/24716
P/00562/02 Parish/Name: Niton Registration Date:
11/04/2002 - Development by Council Itself (Reg 9) Officer:
Mr. C. Boulter
Tel: (01983) 823568 Construction of new section of
Undercliff Drive for local access & emergency services use Beauchamp House, Beauchamp Cottage
and adjacent land, The Undercliff Drive, St. Lawrence, Ventnor, PO38 |
Site and Location
Substantial area of ground fronting north side of
Undercliff Drive 0.5 of a mile east of Niton Village. Site forms part of cultivated and semi-cultivated garden land to
Beauchamp House which contains within its curtilage a separate building,
Beauchamp Cottage. Properties have been
empty since a landslip in March 2001 which severed Undercliff Drive immediately
south of the property. Area forms part
of Niton Undercliff noted for its rural character, wooded nature with sporadic
long established dwellings and natural stone boundary walls to the public
highway.
Details of Application
For construction of some 250 metres of new roadway to
'by pass' the landslip which severed the A3055 Ventnor/St Lawrence road. It is confirmed that the road is proposed
for local and emergency access only pending the preparation of a long-term
strategy for Undercliff Road and is seen as a temporary solution to the access
problem for local residents and businesses.
The new road would continue the alignment of
Undercliff Drive from Orchard Close and would go over the site of Beauchamp
Cottage (to be demolished) before turning south westwards to meet with
Undercliff Drive approximately at the position of the western gated entrance to
Beauchamp House.
Inevitably, some regrading of natural contours would
be required in order to provide satisfactory vertical alignment for a road
which is proposed to be 6 metres wide with spur roads linking at either end
southwards and eastwards into the existing alignment of Undercliff Drive.
Relevant History
None.
Development Plan Zoning and/or Policy
Under no allocation in the adopted UDP, but within
designated Area of Outstanding Natural Beauty.
Cliff face to north is designated a SINC because of its woodland,
coastal habitat and species variety. To
the south of properties fronting the south side of Undercliff Drive is a
further SINC designated for the same reasons and the northern boundary of the Heritage Coast.
Representations
Parish Council recommends approval.
Highways Engineer does not wish to comment as there
are no highway implications.
Tree and Landscape Officer points out site is within
Area 1 of the Isle of Wight (Niton Parish) TPO 1950.
AONB Officer understands needs for re-routeing of A
class road, essential that this is done with due regard to the AONB status of
the area and in accordance with Policy C2 of the UDP. Although for a temporary solution, should still include
sufficient landscaping to avoid any detrimental impacts on landscape character
as this would be contrary to Policies C1 and C2 of the UDP. Clarification needed on the timescale with
regard to the temporary scheme and would wish to ensure mitigation measures
included in the final landscaping scheme.
County Archaeologist indicates proposal concerns
development on a Site of Archaeological Importance. Therefore, recommends imposition of an appropriate condition
requiring a programme of archaeological observation in accordance with a
written scheme of investigation submitted to and approved by the Local Planning
Authority.
Island Tourist Industry Association wishes to
reinforce to the Council that the road is a vital tourist route with many
businesses relying on the reopening of the road. Many along this route very badly hit, all being 20-30% down on
takings. Such businesses may not
survive and would be sorely missed if the situation is not quickly resolved and
the road reopened, albeit temporarily.
Association supports the planning application.
English Nature wish to record regret that their views
were not sought on the nature conservation implications of carrying out any
remedial work on Undercliff Drive at a far earlier stage. They do however, recognise need to ensure
there is reasonable certainty of safe road access to all occupied properties
and express concern that the originally submitted proposal could be considered
both as an integral part of the wider scheme to maintain Undercliff Drive and
that it should become a permanent feature.
To present it as a temporary planning application for emergency use
would be misleading. Site is next to a
SINC and English Nature is currently considering notification of this coastline
as a Site of Special Scientific Interest.
Application also has potential to have significant effect on South Wight
Candidate Special Area of Conservation; both this SINC and cSAC depend on
continuation of dynamic processes within the Undercliff for their long-term
survival. If a permanent feature, the
road would require associated slope stabilisation works which would have
potential to put long-term survival of features within the SINC, possible SSSI
and cSAC at risk. English Nature
therefore objected pending completion of Environmental Impact Assessment for
the wider scheme. They also considered
that Environmental Assessment was necessary to determine whether or not there
is likely to be a significant effect on the South Wight cSAC and hence whether
or not an appropriate assessment under Regulation 48 of the Habitats
Regulations will be required.
Following a meeting between Council Members, officers,
its agents and English Nature, an agreement was reached on a number of issues
and a letter summarising the points sent by the Council's agents to English
Nature. However, English Nature disagreed
with one point and responded by E-mail with the following views:
"Thank you for
the copy of your letter to Chris Boulter dated 1 July. It accurately reflects the meeting as I
remember it, other than within point 1, the critical point.
Here we agreed that
the papers which go to the Planning Committee should make it clear that the
application has been put forward as a temporary, interim measure, pending the
production of a long-term strategy for the Undercliff Road, which will in turn
be based on the Environmental Statement you are currently starting to prepare
for this overall project. We also
agreed English Nature would be consulted on the paper for Committee, which may
include a number of conditions."
A further letter from the Council's agents to English
Nature revisited this area of concern and confirmed the following:
"It was
confirmed that the application was for local and emergency access only, pending
the preparation of a long-term strategy for the Undercliff Road, based on the
Environmental Statement and consideration of options currently in progress, as
a temporary solution to the access problem for local residents and
businesses."
A copy of the whole of that letter is attached for
Members' information. As a result,
English Nature have since confirmed in writing that, subject to the
implementation of the provisions given in High Point Rendel's letter dated 3
July 2002, English Nature is now prepared to withdraw its objection to the
development.
Evaluation
In my view, the provision of a temporary road link to
circumvent the breach in the A3055 caused by landslide immediately south of
Beauchamp House would be for the overall benefit of the Island and providing
that any adverse impacts can be ameliorated, would accord with strategic Policy
S5 of the UDP. In order to ameliorate
these impacts, consideration must be given to the landscape and nature
conservation values of the site to ensure that Policies C1 (Protection of
Landscape Character), C2 (Areas of Outstanding Natural Beauty), C8 (Nature
Conservation as a Material Consideration), C9 (Sites of International
Importance for Nature Conservation), C10 (Sites of National Importance for
Nature Conservation) and C11 (Sites of Local Importance for Nature
Conservation) are complied with. Also,
C12 (Development Affecting Trees and Woodland) will need to be taken into
account.
In view of the original comments of English Nature,
serious consideration has been given to the impacts of the proposed development
on the nature conservation interests of the site itself and the wider
area. English Nature has been concerned
that the construction of the roadway as proposed would be seen, not as a
temporary solution to an immediate problem, but as a first stage in a long-term
series of proposals for securing the stability of larger areas of Undercliff
Drive. The wider impacts of the scheme
as originally submitted in terms of its effect on Sites of International,
National and Local Importance for Nature Conservation were in the main brought
about by drainage proposals designed to reduce ground water and thus minimise
ground slippage risk and the shear piles proposed as part of a long-term
physical support for the land immediately south of the proposed road
realignment.
The removal of these elements from the scheme has
satisfied English Nature that the solutions proposed now can indeed be
considered only as short-term measures and that as a result, little impact is
expected in so far as the designated and proposed Nature Conservation Sites are
concerned.
There are still however, nature conservation impacts
in respect of the habitats existing in the former garden area of Beauchamp
House and within Beauchamp House and Cottage itself. As a result of the discussions with English Nature, an ecological
survey has been carried out and although the final report is not presently
available, it is understood that little of significant ecological interest was
found. There is a possible bat habitat
in one of the trees to be felled and it is likely that a recommendation that
the lofts of the houses to be demolished should be checked for bats will come
forward, but it is not considered at the moment likely that bats would be
present. If they are, then measures
could be put in place in respect of the timing of any demolition and the
provision of alternative roost facilities can be incorporated in any approval
decision.
Turning to visual amenity, it is inevitable that some
mature trees will be lost if the proposed road realignment goes ahead.
As indicated, I consider
that the proposed development will be for the benefit of the rural economy and
is therefore acceptable under UDP Policy C1 providing it maintains and
protects the landscape and takes account of the landscape character and local
distinctiveness of the area. As the
site is within an AONB, Policy C2 is relevant and this confirms that:
“Planning
applications will only be approved where they do not have a detrimental impact
on the landscape and ...... are for the benefit of the local rural economy and
the people who live there…”
The concerns of the
AONB Officer have been referred to earlier in this report and must be given
serious consideration. In this context,
the proposed alignment of the roadway follows as far as possible open land (the
line of the drive up to Beauchamp Cottage, Beauchamp Cottage itself and the
lawns north west of Beauchamp House and the nursery to the west). Main loss of trees would be to the east of
Beauchamp Cottage close to the present gates into the site where at least two
trees would be removed and to the west of Beauchamp House where a group of
mature trees would be affected, not only by the road alignment, but possibly by
the embankment works required. Some
bushes and garden shrubs would also be affected in the area to the north west
of Beauchamp House and east of Beauchamp Cottage.
Apart from the loss of these trees and vegetation, the
main visual impact will be from the regrading of the natural land form to
secure a reasonable vertical alignment for the proposed roadway. This will involve some ‘cut and fill’
leading to an embankment a maximum of some 1.7 metres high to the west of
Beauchamp House, a ‘cut’ into the bank to the north west of Beauchamp House to
a maximum of some 2.7 metres with a further fill of about one metre maximum
height to the east of Beauchamp Cottage.
Bearing in mind that the land was previously cultivated, rather than
unspoilt natural countryside, I consider that the amount of engineering work
proposed has been minimised as far as possible within the context of the need
for an appropriate road alignment and that the imposition of suitable
conditions regarding replacement tree planting and the submission of a
landscaped scheme aimed at integrating the engineering works as far as possible
into the landscape will address the areas of concern expressed by the AONB
Officer.
The County Archaeologist has identified the area as
being potentially important from an archaeological point of view and therefore
I would suggest if the application is approved, a condition requiring a written
scheme of archaeological investigation and a programme of archaeological
observation to be put in place prior to the commencement of any development.
Reasons for Recommendation
Having given due regard and appropriate weight to all
material considerations referred to in this report, the proposal for a
temporary solution to the access problem for local residents and businesses
within the Undercliff Drive area by provision of an access road for local and
emergency use only is acceptable in that it would be for the benefit of the
local rural economy and takes cognizance of the need for protection of
important Areas of Nature Conservation, Ecology and Habitat and that the
alignment chosen for the road minimises visual harm to the AONB. Conditions can be imposed to secure nature
conservation and landscape mitigation for any adverse effects identified.
Recommendation - Approval
Conditions/Reasons:
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Time limit - full -
A10 |
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The road
hereby approved shall be used as a temporary access for local and emergency
access purposes only pending the preparation of a long-term strategy for the
Undercliff Road reinstatement. Reason: To
achieve a permanent realignment of the A3055 at this point, additional ground
stabilisation measures will be required which would have the potential
adversely to affect Sites of Local, National and International Importance for
Nature Conservation and without full analysis of those impacts, the Local
Planning Authority is not satisfied that Policies C8 (Nature Conservation as
a Material Consideration), C9 (Sites of International Importance for Nature
Conservation), C10 (Sites of National Importance for Nature Conservation) and
C11 (Sites of Local Importance for Nature Conservation) of the IW Unitary
Development Plan have been complied with. |
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No
demolition of any buildings on the site shall be undertaken until those
buildings have been examined for the presence of bats. If bats are found, no demolition of that
building shall be undertaken otherwise than in accordance with a scheme and
timetable agreed in advance in writing by the Local Planning Authority. Reason: To
minimise as far as possible any adverse impact on the habitat of bats in
accordance with Policy C8 (Nature Conservation as a Material Consideration)
of the IW Unitary Development Plan. |
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No trees
on the site shall be felled until they have been examined for the presence of
bat habitat. Should such habitat be
found, the felling of that tree shall only be undertaken in accordance with a
scheme and timetable agreed in advance in writing by the Local Planning
Authority. Reason: To
minimise as far as possible any adverse impact on the habitat of bats in
accordance with Policy C8 (Nature Conservation as a Material Consideration)
of the IW Unitary Development Plan. |
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No
development authorised by this consent shall be commenced until a scheme of
landscaping identifying the species and locations of any trees to be removed
has been submitted to and approved by the Local Planning Authority. Reason: In the
interests of the amenities of the area which has been designated as of
Outstanding Natural Beauty and in accordance with Policy C2 of the IW Unitary
Development Plan. |
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Prior to
the commencement of construction of local and emergency access road hereby
approved, a scheme of landscaping including locations and species of trees to
be planted in replacement for those required to be removed for the
construction of the road and further planting required in mitigation of the
landscape impacts of the proposed development shall be submitted to the Local
Planning Authority for approval. Such
scheme as may be agreed shall be carried out prior to the bringing into use
of the roadway hereby approved, unless otherwise agreed in writing by the
Local Planning Authority. Reason: In the
interests of the amenities of the area which has been designated as of
Outstanding Natural Beauty and in accordance with Policy C2 of the IW Unitary
Development Plan. |
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No development shall take place within the
development site (define site on plan) until the applicant, or their
agents or successors in title, have secured the implementation of a programme
of archaeological work in accordance with a written scheme of investigation
which has been submitted by the applicant and approved in writing by the
Local Planning Authority. Reason: To ensure that
details of the archaeological site can be properly investigated prior to any
development of that part of the site being carried out and to comply with
Policy B9 (Protection of Archaeological Heritage) of the IW Unitary
Development Plan. |
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Access for archaeologists -
P22 |
M J A FISHER
Strategic Director
Corporate and Environment
Services