PAPER B2

ISLE OF WIGHT COUNCIL DEVELOPMENT CONTROL COMMITTEE -

TUESDAY 18 DECEMBER 2001

REPORT OF THE STRATEGIC DIRECTOR OF CORPORATE AND ENVIRONMENT SERVICES

TCP/22944/A P/00715/01 Parish/Name: Seaview

Registration Date: 21/05/2001 - Full Planning Permission

Officer: Mr. G. Hepburn Tel: (01983) 823575

Construction of new sea wall, access steps to beach & reconstruction of drainage out falls, slipway & pavement behind new sea wall (revised scheme to include The Duver to the south for nature conservation/reserve) (readvertised application - additional information) sea wall and beach area, Ryde East Sands, Duver Road, Seaview, PO34

This application is brought forward to Members to show what progress has been made on the application and to highlight the important issues of concern.

The application cannot be determined nor evaluated in the absence of an 'appropriate assessment' which is a requirement of the development.

Under the Habitat Regulations this must be agreed by the competent authorities (Environment Agency, DEFRA and Isle of Wight Council) on advice from English Nature.

If Members are minded and satisfied that the contents of this report covers their area of concern, it is recommended that the decision be delegated to the Director of Corporate and Environment Services in consultation with the Chairman of the Development Control Committee, taking into full consideration the appropriate assessment.

Site and Location

The development and immediate area is located on the north east coast of the Island adjacent to the village of Seaview and is approximately 2.5 kilometres to the east of Ryde. The site includes the length of the former Toll Road, which is part of the Seaview seafront.

The entire length of coastline under consideration is fronted by intertidal sand flats which vary in width from 150 metres at the eastern end of the site at mean low water to 250 metres at the western end. A narrow shingle and sand beach (approximately 20 metres wide) intermittently extends along the upper shore reaching a width of 50 metres at its western end.

The area landward of the sea wall consists of a small coastal flood plain and lagoon of approximately 12 hectares laying between two adjacent hills whose crests coincide with the 60 metre contour. The area is semi-rural and is located between the established coastal villages of Seaview to the east and Springvale to the west.

To the north is a coastal road (Toll Road) linking Seaview and Springvale. It is flanked by a concrete and stone sea wall together with a broken and uneven pavement/road surface to seaward and a number of seafront houses to landward. There are also some holiday chalets on the edge of the lagoon. The beach (Ryde East Sands) is mainly of sand and shelves very gradually towards the sea. There is debris from the existing sea wall, several outfalls, which vary in their state of repair and the remains of some old timber groynes.

The flood plain to the south of the Toll Road consists of a number of drainage channels feeding into a larger area of water forming a lagoon interspersed with lush vegetation dominated by grasses and reeds. There are some areas of woodland on the upper slopes.

Relevant History

Scheme for seawall withdrawn and therefore not determined on 18 March 1999.

Details of Application

The application has been submitted with an Environmental Statement, the contents page of which is attached as an appendix.

The applicants describe the development as follows:

"The proposed scheme consists of a reinforced concrete seawall and a rock revetment. The seaward toe of the wall would be cast to the top of steel sheet toe piles which will alternate between longer and shorter, to allow the flow of ground water out from behind the sea wall resulting from rainfall and fluvial flow and to a lesser extent continue to allow some seawater to flow landward at high tide, thus helping to maintain the brackish influence in the Duver Lagoons.

The scheme involves increasing the crest level of the existing seawall from between 0.3 metres and 0.8 metres to achieve a constant standard of defence along the whole frontage. The new seawall's crest level (+ 4.5 metres ODN) would be sufficient to protect properties from a storm with a return period of up to one in 200 years. A wave return curve would be included in the upper section of the wall to help reduce potential overtopping of the structure. The seawall would be cladded to give the effect of it having been constructed with masonry.

The new wall would generally run directly in front of the existing wall. However, to minimise its encroachment onto the foreshore, it would cut back behind the existing wall where there is sufficient room between the seaward kerb of the road and services which run underneath the road and the existing wall. This would allow the new wall to be constructed without destabilising either the services or the wall. Where it cuts back behind the existing wall, it would do so, as close as possible to the line of the buried services, although a minimum pavement width would be retained.

A rock revetment would run along the seaward edge of the replacement seawall. Its purpose would be to dissipate wave energy and thus overtopping and to minimise the potential of wave-induced scour and undermining occurring along the base of the wall. This rock revetment would have an approximate width of 12 metres and a maximum height of 3 metres. Its position would mean that some 50% of the revetment would be covered by sand or shingle on the foreshore, resulting in only the upper 1.5 metres being visible, although this is likely to vary depending on the prevailing weather conditions. The rock boulders used for this revetment would be between 3 and 5 tonnes each.

The existing outfalls would be renewed as part of the overall scheme. These outfalls are required as part of drainage infrastructure for the Duver lagoons with the westernmost outfall allowing Barnsley Brook to discharge into the sea.

It is expected that the construction works will take up to twelve months to complete, with work commencing in late 2001."

In addition to this, the scheme has been enlarged to include 'The Duver' south of the Toll Road. This area is to be used as mitigation/compensation by managing it as a nature reserve. A draft

management plan entitled 'Management Plan for Seaview Duver Nature Reserve' has been submitted by the applicants. It looks at, in essence, the current ecological value and a management plan; the objectives being:

To maintain and improve the existing lagoon and its associated fauna.

To improve water flow around the lagoon network by the creation of linking ditches and maintenance of culverts.

To safeguard against pollution from an adjacent site impacting on the lagoon.

To reprofile the edges of the lagoon to create shallow feeding areas for birds.

To create a low-lying scrape area on species poor grassland of Compartment C as a feeding area for birds.

To form two shingle topped islands from the north east corner of Compartment C and the north west corner of Compartment D as breeding habitat for gulls, terns and waders.

To maintain and improve the existing areas of reed bed on the site.

To maintain and improve the areas of brackish semi-natural grassland on site.

To maintain and improve the areas of bare sandy ground for invertebrates.

To provide one public hide to the north of the site with well designed interpretation.

To provide one private hide on the south east perimeter of the site for use by visitors to the Salterns Holiday Bungalows.

To provide wheelchair access to both hides via an appropriate surface.

To provide a safe and attractive parking area for visitors to the site.

To monitor the salinity regime and invertebrate fauna of the brackish lagoon.

To monitor the vegetation structure, proportional abundance and populations of scarce plants recorded on the site.

To monitor the population of birds using the site following the management work.

Development Plan Zoning and/or Policy

The following plans are relevant to the determination of this application:

Coastal Planning Guidelines for the South East of England:

"The South East Regional Planning Conference (SERPLAN) provides a regional context for coastal planning."

North East Coast Isle of Wight Strategy - Currently being proposed by the applicants and Portsmouth University's River and Coastal Environment Research Group (RACER) at Portsmouth University. This is a Shoreline Management Plan which follows guidance by DEFRA for Coastal Defence Authorities. The overall strategy aims to reduce risks by:

Encouraging the provision of adequate and cost effective flood warning systems.

Encouraging the provision of adequate, technically, environmental and economically sound and sustainable flood and coastal defence measures.

Discouraging inappropriate development in areas at risk from flooding or coastal erosion.

Local Environment Agency Plan - Environment Agency - Seeks to involve all interested parties in working with the Agency on future management.

Isle of Wight Unitary Development Plan - Adopted May 2001. The following policies are relevant:

Policy S5:

"Proposals for development which on balance (bearing in mind all the Part II Policies), will be for the overall benefit of the Island, by enhancing the economic, social or environmental position will be approved, provided any adverse impacts can be ameliorated."

Policy S6:

"All development will be expected to be of a high standard of design."

Policy S10:

"In areas of designated or defined scientific, nature conservation, archaeological, historic or landscape value, development will be permitted only if it will conserve or enhance the features of special character of these areas."

Policy D1 (Standards of Design):

"Development will be permitted only where it maintains or wherever possible enhances the quality of the built environment. Planning applications will be expected to show a good quality of design and should conform with the following criteria:

(a) respect the visual integrity of the site and the distinctiveness of the surrounding area.

(b) be sympathetic in scale, materials, form, siting, layout and detailing."

Policy C5 - Coastal Protection Works - Developed Coastline:

"Proposals for coastal protection works and flood prevention should be limited to areas of the built-up coastline and to specific areas requiring intervention for the protection of natural and historic landscapes and archaeological sites and monuments. In the countryside and more rural areas, managed coastal retreat is considered a more sustainable long-term option. New development which will increase the pressure for coastal defence or flood prevention measures will not be permitted."

Policy C6 - Coastal Protection Works - Undeveloped Coastline:

"Whilst development will not be permitted along the coastline outside the limits of defined settlements, works required for coastal protection may exceptionally be approved. Where such development is acceptable, the Council will seek to minimise the visual and environmental impact so as to protect the undeveloped appearance of much of the Island's coastline. Public pedestrian access will be required to be protected or provided where appropriate."

Policy C7 - River Corridors and Estuaries:

"The Council will seek to protect and promote river corridors, estuaries and associated wetlands as important areas of open space by only approving development which:

(a) conserves existing areas of amenity or wildlife value and seeks to restore and enhance the natural elements of the river and associated wetlands;

(b) supports initiatives which will result in improvements to water quality;

(c) where appropriate will allow for the identification and promotion of locations for water-related recreation and sport;

(d) extends public footpath access alongside rivers and watercourses except where this would harm acknowledged areas of conservation importance;

(e) sustains water supply to archaeological and paleoecological sites of scientific value."

Policy C8 - Nature Conservation as a Material Consideration:

"Only in exceptional circumstances will development be permitted if it adversely affects ecologically sensitive areas, protected or endangered species and their habitats. The level of protection afforded to such areas will be related to international, national or local importance."

Policy C9 - Sites of International Importance for Nature Conservation:

"Development will be permitted where the Council can ensure the protection of features of international importance which have been identified by the designation (or proposed designation) of sites under international conventions and directives. Where overriding public interest leads to development being permitted, compensatory measures to ensure the coherence of the international site will be secured."

Policy C10 - Sites of National Importance for Nature Conservation:

"Development will not be permitted if it would be likely to destroy or adversely affect directly or indirectly a Site of Special Scientific Interest or National Nature Reserve."

Policy C11 - Sites of Local Importance for Nature Conservation:

"When approving proposals for development affecting SINCs, RIGGs and Local Nature Reserves or other locally identified designated areas, the Council will require the retention and management of the important wildlife habitats and features within and adjacent to the development site."

Representations

Initially from English Nature:

"English Nature has been involved in many discussions in relation to this development and previous proposals and we have been consulted on the scope of the current Environmental Statement.

The development is of a major scale involving disturbance to birds and temporary habitat loss during construction and some permanent habitat loss and habitat change following construction. Consequently English Nature advises that the development is likely to have a significant effect on the features of European importance and will require appropriate assessment under the Habitat Regulations.

The Council have agreed to act as lead competent authority in undertaking the appropriate assessment. The Environmental Statement is intended to provide all the necessary information for the appropriate assessment. It has been agreed that English Nature and the Environment Agency will provide a detailed comment on the Statement, following discussion with Colin Pope by 12 June.

At the last meeting on this development on 13 February various suggestions for mitigation were agreed. The most significant of these relates to the purchase of the Duver by the Council and its improved management for wintering birds. In addition, permanent information boards are to be erected along the new wall informing the public of the importance of keeping dogs under control while wintering birds are present. I cannot find these mitigation proposals given an initial look at the Statement. Such mitigation will be necessary to help offset negative impacts and I would be grateful if you could confirm that they are part of the proposal."

They further comment that it is anticipated that there will be substantial residential impacts on European and SSSI nature conservation. The latter is attached as an appendix . Following this correspondence, a further letter has been received acknowledging the revised scheme, but objects as in the absence of the details of mitigation, it is likely that the development will hae a substantial detrimental effect on SSSI features.

The County Archaeologist comments as follows:

"I have considered this application and find it concerns development on Sites of Archaeological Interest which are the sea wall, intertidal archaeological remains and former Barnsley Harbour.

These remains have been described and assessed in the Environmental Impact Assessment undertaken by Posford Duvivier for the proposed Coastal Protection Scheme at The Duver, Seaview (April 2001).

The subsequent Environmental Statement proposes that:

1. Prior to commencement of any development work, a programme of archaeological survey should be undertaken in the coastal zone to map archaeological remains which should be avoided when planning construction machinery routes and rock drop zones. The existing sea wall and post medieval embankment should also be recorded prior to development by photogrammetric survey.

2. The developer should use the plan of recorded archaeological features to plan construction machinery routes and rock drop zones to avoid the archaeological remains.

3. An Archaeological Watching Brief should be undertaken by independent archaeological contractors during development.

I recommend that any approval of planning permission should be subject to the two attached conditions which follow the guidance given in Ministerial Circular DOE11/95 and PPG16:

'No development or demolition shall take place within the application site until the applicant has 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 by the Planning Authority.'

and

'No development shall take place until fencing has been erected in a manner to be agreed with the Local Planning authority around archaeological features identified in the programme of archaeological work and no works or movement of machinery shall take place inside that fencing without the consent of the Local Planning Authority.'

I enclose two copies each of the brief for archaeological work, the recommended procedure for archaeological work and the list of local archaeological contractors for your files and to be forwarded to the developer should the conditions be attached to any planning permission."

Nettlestone and Seaview Parish Council comment:

"Hooray and may it be started quickly please!!" and refers to this comment in response to the revised scheme.

Letter from Hampshire and Isle of Wight Wildlife Trust is copied as an appendix.

The Ramblers Association responded twice and comment that they expect a safe path during the construction period and a proper and adequate diversion be set up including signposts.

GOSE have no comment to make on this application.

MAFF have no comment to make in relation to this proposal.

Environment Agency comment that they advise a holding objection:

"The proposed coast protection will result in the loss of part of the Ryde Sands and Wootton Creek SSSI and Solent and Southampton Water SPA and Ramsar. The Environmental Statement has not identified any mitigation for the loss of these areas and as such the proposal is currently environmental unacceptable."

This was reiterated following the revised scheme.

RSPB objects on the following grounds and recommends refusal:

The Isle of Wight Council is committed to a strategic approach to coastal defences. This application comes forward in isolation before the relevant coastal strategy has been approved.

We believe that the application as presented may have impacts on the SPA. This is contrary to European Law.

We believe that the impacts of this scheme on the internationally designated sites must be assessed in combination with other plans or projects currently proposed within the Solent and Southampton Water SPA.

We believe that the application, as presented, may affect the nature conservation value of the SSSI. This is contrary to UK law.

Twenty seven letters of objection and concern have been received on the following matters:

Not be able to use the beach because of rocks.

Wall is huge, present one is quite high enough.

Previous plan with groynes preferable.

Destroying the beach - use of rocks - colour and type important.

Proper maintenance regarding ends of outfall.

Disagree with English Nature - groynes would not take away sand.

Blot on the seascape.

Out of keeping with tranquil surroundings.

Need to reduce speed of cars.

Concern regarding bird and sea life.

Change in size of outfall pipe will affect the beach.

Wall disproportionate to the requirement.

Over-use of rock.

Compromise the SSSI status of the area.

Use of road by visitors and residents forced off the beach at high tide.

Public bench outside house.

Dispute regarding ownership.

Parking by frontages.

Loss of business.

Letter from Westridge Estates explaining ownership from their point of view.

The Material Considerations

This application results primarily from the shoreline management planning regime that seeks to guide coastal protection to those areas that need protecting in light of the public good, but not at the expense of other areas of acknowledged importance such as nature conservation. This scheme has come forward via the process of preparing the North Coast Strategy Study effectively running parallel with that policy framework.

The scheme before us is in two main elements; that of the engineering solution (the wall) and the nature conservation of the site (the beach and the Duver) The application has been submitted with an Environmental Impact Assessment (EIA) which in turn requires an appropriate assessment to be undertaken by the Council's Ecology Officer in agreement with other competent authorities.

Wider issues such as protecting future capital assets, managed retreat and priority of various schemes are issues that fall outside the determination of this application and more appropriately addressed at the shoreline management stage.

The application has been consulted widely and appropriate notices served on any interested parties. Properties along the Duver and the return road, Salterns Road, have been consulted. These are the properties likely to have a direct benefit of future protection.

Fundamentally, the character of the area will change with the engineering solution put forward. This is not to say that the engineering solution is unacceptable, but for it to have its required effect, it has to be large. The beach is characterised at present by somewhat 'abandoned' feel which does allow the Duver Road to feel part of the same environment as the beach. A line drawn between the two will severe this link.

Nevertheless, there are several elements included in the scheme to reduce the physical impact of this development. Primarily there will be two viewing areas situated to the east of the scheme which are to be elevated to allow viewing over the wall without any inconvenience and to carry on a habit which is enjoyed by many people at present. Also along the wall there will be access points which in total will have the appropriate access step (when needed). This will reduce the hardness of the wall and make it appear more open.

It has also been suggested that there is an opportunity to involve the local community by tying these viewing areas together with some overall concept. The catalyst for this would be to allow an appropriate art scheme to take place. It is envisaged that it will be provided in the areas of the benches, cycle hoops and other street furniture , possibly being co-ordinated with some scheme on the wall itself. It is important not to be too prescriptive and allow the artist (which may be school children) or similar group within this community to have a free hand. If permission is forthcoming, this can be covered by condition. One of the pedestrian sitting out areas is in the region of the traffic calming on the Duver Road (which I will touch on later) and appears to give a pedestrian 'hot spot' which will act as a good link to the Nature Conservation Area proposed in the south.

The design of the wall will include stone cladding to give the feeling that it has been constructed of dressed stone and rock revetment will be placed to the front of the wall. The wall itself will be a lot straighter than previously and predominantly built on the seaward side of the existing wall. This has the benefit from an engineering point of view of being easier to construct.

The wall will have to allow water to exit from the Duver as well as other outfalls and seepage underneath the wall. It will also have to allow salt water back into the Duver at spring tides so that the brackish conditions can be maintained. The outfall that is to do this is to be encased in concrete with an appropriate pedestrian deterrent. To reduce any scouring effect, there will be a concreted area at the end of the outfall to break the speed of the exiting water. Means of enclosure such as grab rails will be of galvanised low maintenance steel and will be very similar to other recent coastal protection schemes.

There will be groynes, a slipway and some existing outfalls remaining in situ and be untouched.

I feel the wall is what it is and the above comments may assist in reducing its visual impact. However, and importantly the seawall, which will have an effect on the nature conservation status of the area and in particular the European designated site. As sea levels rise and winters become wetter, the area of land between the built environment and the water will gradually become smaller and smaller, reducing its value to nature conservation and other users. This reduction in beach area is compounded by moving the wall closer to the sea. Methods can be employed, regarding construction times and method of construction, that will reduce the short term impact. The qualifying interests of the European site are the brackish lagoon, the intertidal sand and mudflats and associated species. The site is SSSI, Ramsar and SPA. It is also a designated Bathing Beach. English Nature are firmly of the opinion that this loss without mitigation is unacceptable. The likely effects can be seen within the Environmental Impact Assessment.

For a long period of time an en pass between these two opposing views was evident and the application somewhat stalled. This has been overcome by an increase in the site area of the application which now brings into the scheme the area known as the Duver to the south of the site. This is effectively mitigation/compensation for the significant effect this development will have on European designated sites. Whether it is enough is a matter for the appropriate assessment.

A document entitled 'Mitigation and Enhancement Package for the Seaview Duver' is attached as part of the appendix.

The Duver lagoon is of SSSI interest as an area of brackish lagoon of national importance, a Ramsar site because it is a wetland habitat of international significance and as a Biodiversity Action Plan priority habitat, supporting the nationally scarce bulbous foxtail grass found in the grassland around the lagoon perimeter. There appears a real opportunity here to bring forward the use of this land for public access, albeit limited. If the area is to be managed, then a real asset could be achieved. This line has been followed through negotiations and I have received a draft Management Plan to use the Duver for nature conservation interests. Although not a final version, it certainly shows the direction conservation could take. In the Representations section, the objectives of this Management Plan can be seen, but in essence it would be a well screened car park allowing public access to limited hides and the 'redevelopment' of the Duver from a nature management point of view. Details regarding the hides etc can be dealt with by condition, along with the car parking. It is envisaged that the management team of various representatives (not too dissimilar from the arrangements on Afton Marsh) would be established. Within the Management Plan it states that the project cost will be �35,000.

The Toll Road has over the last few years changed from being a Toll Road to being taken into the care of the Council as Highway Authority. I am concerned that the straightening of the wall will effectively straighten the Toll Road and give the appearance of an unrestricted road. It is therefore important for some form of traffic calming and this can be achieved by a pinch point halfway along the Duver Road and with the existing natural corner to the east of the site. Works to the pathway are likely to involve the complete re-tarmacking or similar of the pathway and it is unlikely that the road surface will be resurfaced other than making good any damage. There, at the time of writing, is a need to ensure that the detailed arrangements of the traffic calming to the middle of the site links in well with the car parking arrangements and management of the scheme to the south.

The road will be closed in to the west and by the outfall in two stints of two-four weeks and there will be a rolling restrictions on one lane to a length of 100 metres moving as the wall progresses. Details such as contrasting and colour for pedestrian areas and the pedestrian raised area will be required.

To assist the Nature Conservation Area of the site and the additional benefit of tourism, the signs indicating that the outfalls are of a non-sewerage type and on information boards explaining the value of the site should be conditioned as part of any approval.

It should be noted that this wall has a life of 50 years and at that time the sea level will be increased by 30 cms and therefore any development within the close vicinity that requires this wall for protection should be made aware of that in 50 years time when a different decision may be taken regarding the protection of capital assets.

Reason for Recommendation

The above is submitted to establish the material considerations in this application which cannot be evaluated until an agreed appropriate assessment is undertaken. This assessment may take some time, so in order to speed up the process, it is recommended that the decision is delegated to the Director of Corporate and Environment Services in consultation with the Chairman of the Development Control Committee.

Recommendation - Members agree that the above considerations cover their principal areas of concern and that the decision on this application be delegated to the Director of Corporate and Environment Services in consultation with the Chairman of the Development Control Committee and in the full knowledge of the appropriate assessment.

The following conditions are submitted for information and to aid Members in deciding whether the issues can be appropriately covered.

Conditions/Reasons:

M J A FISHER
Strategic Director
Corporate and Environment Services