COMMITTEE DATE: 14/10/2013
Application Reference:
13/0430
WARD:
DATE REGISTERED:
LOCAL PLAN ALLOCATION:
Anchorsholme
22/07/13
Coast and foreshore
APPLICATION TYPE:
APPLICANT:
Full Planning Permission
Blackpool Council
PROPOSAL:
Construction of coastal defence works incorporating stepped concrete
revetment, lower promenade and recurved sea wall, including the
erection of a 2.5 metre high concrete wall with a landscaped bank
adjacent to Princes Way, formation of a raised pedestrian crossing to
Princes Way and the removal of the existing retaining wall to
Anchorsholme Park and the re-grading of the park land down to Princes
Way.
LOCATION:
PRINCES WAY SEA WALL (KINGSWAY TO LITTLE BISPHAM),
BLACKPOOL
----------------------------------------------------------------------------------------------------------------Summary of Recommendation:
Grant Permission
CASE OFFICER
M Shaw
SITE DESCRIPTION
This application relates to a 1km stretch of the 1930's Promenade from the northern
borough boundary with Cleveleys southwards past Anchorsholme Park and ending at
the Little Bispham tram shelter, the application site area also includes Princes Way
and a strip of Anchorsholme Park between 10-15 metres wide adjacent Princes Way,
including the existing retaining wall to the Park. Part of Anchorsholme Park, within
the application site, is a designated Biological Heritage Site being remnants of an old
sand dune system and is protected by Policy NE5 of the Blackpool Local Plan.
DETAILS OF PROPOSAL
The application involves the construction of a replacement coastal defence scheme,
which is effectively an extension to the works recently carried out in adjoining
Cleveleys, including the concrete steps down to the beach, a raised promenade and
a 2.5 metre high flood defence wall on the land side of the Promenade. Behind the
flood defence wall is a banked landscaped strip adjacent the footpath to Princes
Way. Works to the road surface itself, though not specifically requiring planning
permission under this application, include a raised pedestrian crossing from
Anchorsholme Park onto the new Promenade with the intention of opening up the
Park onto the Promenade. Although discussions are still on-going with regards to the
exact details of the road works required to accompany the scheme, the submitted
scheme indicates a 7 metre wide single raised pedestrian crossing to Princes Way
with a 1:20 road gradient up to the crossing to either side`.
An Ecological Impact Assessment has been recently submitted to assess in detail the
impact upon the Biological Heritage Site and Lancashire County Council Ecology
Service have been re-consulted on the submission. Any comments will be reported
via the up-date notes.
An earlier planning application for the construction of a coastal defence scheme ref
12/0675, which did not include any works to Anchorsholme Park, was withdrawn on
22nd July 2013 pending the preparation and re-submission of this revised proposal.
A temporary 6 month planning permission, ref 13/0294, was approved on 2nd August
2013 relating to the storage of hardcore materials on Princes Way to be used on the
flood defence scheme.
The Committee will have visited the site prior to its meeting on 14th October 2013
MAIN PLANNING ISSUES

Principle of Development

Details of Scheme

Impact on Biological Heritage Site

Highway Works
CONSULTATIONS
Head of Transportation- any comments will be reported via the up-date notes
Environment Agency- any comments will be reported via the up-date notes
Natural England- Natural England advises that the proposal is not likely to have a
significant effect on the interest features for which Liverpool Bay Special Protection
Area has been classified.
If the LPA is aware of, or representations from other parties highlight the possible
presence of a protected or Biodiversity Action Plan (BAP) species on the site, the
authority should request survey information from the applicant before determining the
application. The Government has provided advice on BAP and protected species and
their consideration in the planning system.
If the proposal site is on or adjacent to a local wildlife site, e.g. Site of Nature
Conservation Importance (SNCI) or Local Nature Reserve (LNR) the authority should
ensure it has sufficient information to fully understand the impact of the proposal on
the local wildlife site before it determines the application. Natural England does not
hold information on local landscape character; however the impact of this proposal
on local landscape character (if any) is a material consideration when determining
this application. Your authority should therefore ensure that it has had regard to any
local landscape character assessment as may be appropriate, and assessed the
impacts of this development (if any) as part of the determination process. Should the
proposal be amended in a way which significantly affects its impact on the natural
environment then Natural England should be consulted again.
United Utilities (Water) - Have no objection in principle to the proposed
development but wish to make the following comments:-
Biodiversity
The drawings submitted and comments made appear to indicate that the new
scheme will extend beyond the footprint of the existing defence.
The planning application considers potential impacts from the development on
Liverpool Bay SPA and its designated features. We would expect that the proposed
scheme will not impact on the designated features but the assessments and
screening carried out are not clear. The environmental action plan appears to be a
work in progress. It refers to a phase one habitat survey but also states that no
protected sites/species are present and no action is required. The presence of the
Queens Promenade coastal grassland Biological Heritage Site (BNS) should be
mentioned along with whatever mitigation measures have been agreed with
Lancashire County Council to ensure contractors on site are aware of it. Consultation
and agreement with Lancashire County Council ecologists is required to ensure there
is no impact on the Queens Promenade coastal grassland BHS from the proposed
landscaping.
Geomorphology
The details submitted provide very little detail on the justification for any increased
footprint of the defence. The proposed scheme will replace groynes and natural
sediment in places along the 1km extent and builds out the current line of defence by
approximately 10 metres – the impact of this has not been formally assessed
anywhere. The drawings submitted appear to show the toe of the works jutting out in
front of the abutting scheme to the north. If this is the case, scour will be expected
and this would not be a recommended approach.
The Shoreline Management Plan 2 (SMP2) policy is ‘hold the line’ for this section of
coast and under a strict interpretation, increasing the footprint is advancing the line.
SMP2 also says that foreshore lowering will continue into the future as the main
problem in the area is sediment starvation, which the extensive vertical defences do
not address.
The scheme is likely to exacerbate existing coastal squeeze processes and
contribute to future squeeze under sea level rise whereby intertidal habitats are
squeezed against hard defences. Loss of beach width and elevation can thus be
expected and this may not then be compatible with beach recharge which is stated to
be an option in future.
The Water Framework Directive (WFD) concluded that no deterioration was likely as
a result of coastal defence schemes. If this is based on the replacement of defences
within the existing footprint, this is not the case with the proposed scheme.
As identified in the WFD screening report, mitigation measures planned for the
Mersey Mouth waterbody include sediment management for coastal protection
schemes. The current scheme does not immediately involve any kind of sediment
management so does not impact on this measure. However, replacing groynes and
increasing the footprint of the works decreases the sustainability of the scheme in
terms of managing sediment and makes beach recharge a more expensive exercise
in future with the potential need for more material at a greater cost and a likely need
to require dredging.
Flood Risk
Prior written consent of the Environment Agency is required for any proposed works
or structures, in, under, over or within 8 metres of the top of the landward to/edge of
a sea defence.
Head Of Strategic Assets and Estates- any comments will be reported via the update notes
Lancashire County (Highways)- any comments will be reported via the up-date
notes
Lancashire County (Ecology)- The following matter will need to be addressed
before the application is determined:
Although a biodiversity summary statement has been submitted there does not
appear to be any ecological surveys or assessments of the proposed scheme. I am
therefore unable to assess what the likely ecological impacts would be and without
this information I am unable to assess the adequacy of any mitigation/compensation
measures and losses and gains to biodiversity.
The proposals appear to affect Queen's Promenade Coastal Grassland Biological
Heritage Site. In addition to impacts on designated sites and semi-natural habitats
there may be potential for protected and priority species to be adversely affected, for
example the submitted Biodiversity Statement states that the site may support a
Vernal Bee colony which is a UK BAP Species (Species of Principal Importance),
there are historic records of Belted Beauty in the vicinity (a Species of Principal
Importance) and the BHS is known to support species listed on the Lancashire Red
Data List of Vascular Plants.
An ecological assessment will need to be submitted and this should include:
- The results of a data search/desk based study for features of biodiversity value that
may be affected by the proposals, including designated sites (statutory and nonstatutory), protected species, species and habitats of principal importance priority
species and habitats of the UK and Lancashire Biodiversity Action Plans, red list
species and any nationally or locally rare or scarce species. Relevant organisations
and groups should be consulted, including the Lancashire Environment Records
Network (LERN).
- A phase 1 habitat survey of the development site and immediately adjacent land.
- An assessment of the potential of each habitat to support protected and priority
species.
- An evaluation of the ecological status of each habitat e.g. Habitats of principal
Importance.
- A phase 2 habitat survey of any designated sites, semi-natural habitats, priority
habitats, or habitats and features with the potential to support species of ecological
interest. This should include mapped plant communities and full species-lists
showing relative abundance.
- Surveys for protected and priority species that may be affected by the proposed
development.
- An assessment of likely ecological impacts, including quantified and mapped areas
of habitat loss, damage or fragmentation.
- Measures to avoid impacts
- Measures to offset any unavoidable impacts
This will need to be addressed prior to determination of the application.
Further information is required in order to demonstrate that the proposed
development would comply with the relevant legislation, policies and guidance. In
order to meet the requirements of the above, it will need to be demonstrated that the
development would be located and designed in a way that would ensure that harm to
biodiversity will be avoided and minimised and that adequate mitigation
/compensation for any unavoidable impacts will be provided.
The NPPF states that:
· In order to achieve sustainable development the planning system should contribute
to protecting and enhancing our natural environment, including helping to improve
biodiversity (Para 7).
· Pursuing sustainable development involves moving from a net loss of biodiversity to
achieving net gains for nature (Para 9).
One of the core planning principals is that planning should contribute to conserving
and enhancing the natural environment (Para 14).
· Planning decisions should address the integration of new development into the
natural environment (Para 61).
· The planning system should contribute to and enhance the natural and local
environment by minimising impacts on biodiversity and providing net gain in
biodiversity where possible, contributing to the Government's commitment to halt the
overall decline in biodiversity (Para 109).
· When determining planning applications, local planning authorities should aim to
conserve and enhance biodiversity by applying the following principles:
- If significant harm resulting from development cannot be avoided (through locating
on an alternative site with less harmful impacts), adequately mitigated, or, as a last
resort, compensated for, then planning permission should be refused.
- Opportunities to incorporate biodiversity in and around developments should be
encouraged (Para 118).
· Planning decisions should limit the impact of pollution from artificial light on nature
conservation (Para125).
In response to these comments an Ecological Impact Assessment has been
submitted and revised comments on the submitted Ecological Impact
Assessment will be reported via the up-date notes.
PUBLICITY AND REPRESENTATIONS
Neighbour notification letters were sent out on 24th July 2013 - no comments
received
5 Site Notices displayed on 29th July 2013 - no comments received
Press Notice was published on 1st August 2013 - no comments received
NATIONAL PLANNING POLICY AND GUIDANCE
The National Planning Policy Framework (NPPF) states that the purpose of the
planning system is to contribute towards sustainable development. There are three
strands to sustainable development namely economic, social and environmental.
Proposed development that accords with an up-to-date Local Plan should be
approved and proposed development that conflicts should be refused unless other
material considerations indicate otherwise.
The document confirms the presumption in favour of sustainable development and
sets out 12 core planning principles including meeting the challenge of climate
change, flooding and coastal change. Local Planning Authorities should adopt
proactive strategies to mitigate and adapt to climate change taking full account of
flood risk, coastal change and water supply and demand considerations.
SAVED POLICIES: BLACKPOOL LOCAL PLAN 2001-2016
BH3- Residential and Visitor Amenity
BH5- Protection of Public Open Space
LQ1- Lifting the Quality of Design
LQ3- Layout of Streets and Spaces
LQ5- Public Realm Design
LQ6- Landscape Design and Biodiversity
LQ8- Energy and Resource Conservation
NE5- Other Sites of Nature Conservation Value
NE6- Protected Species
NE7- Sites and Features of Landscape, Nature Conservation and Environmental
Value
NE9- The Coast and Foreshore
NE10- Flood Risk
AS1- General Development Requirements
AS3- Provision for Walking and Cycling
EMERGING PLANNING POLICY
Core Strategy Preferred Option (April 2010) - Following the changes to national
planning policy, the announcement regarding the proposed revocation of the North
West Regional Spatial Strategy, newly released population data and the
representations made on the consultation draft, the Core Strategy Preferred Option
(April 2010) has been reviewed. A reworked version of this document, renamed the
Blackpool Local Plan: Part 1 - Core Strategy: Revised Preferred Option was subject
to public consultation and the consultation ended on 21st July 2012. Given the limited
state of progress on this document, it can be afforded little weight at this time.
Notwithstanding this the following policies are considered relevant:CS6- Green Infrastructure
CS7- Quality of Design
CS9- Energy Efficiency and Climate Change
ASSESSMENT
Principle of Development - The renewal of sea defences which are no longer fit for
purpose represents a good opportunity not only to renew and improve the sea
defences but also to integrate the new section of promenade with Anchorsholme
Park by removing the existing retaining wall to the park. This wall as well as providing
a flood defence function also acts as a significant barrier between the Park and
Promenade. The effectiveness of integrating the Park and the Promenade however
depends on the ability of pedestrians to safely cross to Princes Way. The application
indicates that a single crossing point will be created although some changes are
anticipated in the finalised version of the highways scheme.
Details of Scheme - the scheme will be an attractive addition to the Blackpool and
Fylde Coastline being an extension of the recently completed scheme in Cleveleys, it
is understood there is also a second current flood defence scheme at Rossall to the
north of Cleveleys. The new steps and revetment will extend further onto the beach
and the new Promenade will be narrower than existing at 12 metres wide, and nearly
2 metres higher than the existing Princes Way behind which will be the 2.5 metre
high wall forming a far more effective defence against flooding than that existing. The
retaining wall to Anchorsholme Park which forms part of the existing flood defences
and provides a significant barrier to the Park will be removed enabling the Park to be
readily accessible to the new Promenade.
Impact on Biological Heritage Site - A detailed Ecological Impact Assessment (EIA)
has now been submitted to accompany the application and to specifically address the
impact on the former sand dune system in Anchorsholme Park which is within the
application site. This part of the Park is protected by Policy NE5 of the Local Plan
which states that development that would destroy or adversely affect such sites will
not be permitted. The removal of the retaining wall the Anchorsholme Park and the
grading of the land down to Princes Way will directly impact on the protected area.
The Assessment identifies the actual/potential existence of a number of species and
recommends the approval and implementation of a method statement and 5 year
management plan to deal with the impact of the development on the protected area.
Comments are awaited from Lancashire County Council Ecologist on the
Assessment and the recommendation(s) which will be reported to Committee via the
up-date notes and the recommendation of the application for approval is subject to
their being no significant objections raised to the EIA.
Highway Works - discussions are on-going relating to the exact final details of the
required works to accompany the flood defence scheme, particularly the details of
the pedestrian crossing from the Park onto the new Promenade. Although such
works are not specifically covered by this planning application being permitted
development as highway works carried out by the local highway authority under the
Town and Country Planning (General Permitted Development) Order 1995 (as
amended). The scheme will however involve provision of a pedestrian crossing(s)
from the Park onto the Promenade across Princes Way, Princes Way on the current
plans is shown as rising 1.6 metres in height with a 1:20 gradient either side of the 7
metre wide crossing for a 50 metre section.
A Construction Environmental Management Plan is considered necessary to control
the routeing of construction traffic in the interests of highway safety and residential
amenity to minimise the impact of the development on the surrounding area.
LEGAL AGREEMENT AND/OR DEVELOPER FINANCIAL CONTRIBUTION
none
HUMAN RIGHTS ACT
Under Article eight and Article one of the first protocol to the Convention on Human
Rights, a person is entitled to the right to respect for private and family life, and the
peaceful enjoyment of his/her property. However, these rights are qualified in that
they must be set against the general interest and the protection of the rights and
freedoms of others. There are no specific human rights issues raised by this
application
CRIME AND DISORDER ACT 1998
The contents of this report have been considered in the context of the Council's
general duty, in all its functions, to have regard to community safety issues as
required by section 17 of the Crime and Disorder Act 1998
ADDITIONAL BACKGROUND DOCUMENTS
none
Recommended Decision: Grant Permission
Conditions and Reasons
1.
The development hereby permitted shall be begun before the expiration of three
years from the date of this permission.
Reason: Required to be imposed pursuant to Section 91 of the Town and Country
Planning Act 1990 (as amended).
2.
No works shall take place on any phase of development until a Construction
Environmental Management Plan has been submitted to and approved in writing
by the Local Planning Authority. The Management Plan shall include and specify
the provision to be made for the following;
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vehicle access to, from and between the site
dust mitigation measures as a result of the works
control of noise emanating from the site as a result of the works
hours of construction work for the works
the locations of contractors' compounds, site buildings and other storage
arrangements
enclosure of the development site
provision for all site operatives, visitors and waste loading, off loading, transfer,
parking and turning within/between the sites during the construction period
arrangements during the construction period to minimise the deposit of mud
and other similar debris on the adjacent highway, and
the routeing agreement of works traffic
The works shall then be carried out in accordance with the approved Management
Plan.
Reason: In the interests of the amenities of surrounding residents, to ensure there
is no unacceptable risk of pollution to water resources or to human health, to
safeguard the character and appearance of the area and in the interests of
highway safety in accordance with Policies LQ1, AS1, BH3 and BH4 of the saved
Blackpool Local Plan 2001-2016.
3.
A method statement/management plan detailed the protection/retention/reinstatement/enhancement of the designated Biological Heritage Site within the
application site shall be submitted to and approved in writing by the Local Planning
Authority prior to any land grading works/alterations to land levels within the
boundary of Anchorsholme Park being carried out and the works shall
subsequently be carried out in accordance with the approved details.
Reason: To protect the designated Biological Heritage Site within Anchorsholme
Park in accordance with Policy NE5 of the Blackpool Local Plan 2001-2016.
Advice Notes to Developer
1.
Please note this approval relates specifically to the details indicated on the
approved plans and documents, and to the requirement to satisfy all conditions of
the approval. Any variation from this approval needs to be agreed in writing by the
Local Planning Authority prior to works commencing and may require the
submission of a revised application. Any works carried out without such written
agreement or approval would render the development as unauthorised and liable
to legal proceedings.