Town and Country Planning Act 1990
Planning Permission
Name and address of applicant
Name and address of agent (if any)
Environment Agency
Kingfisher House
Goldhay Way
Orton Goldhay
PETERBOROUGH
PE2 5ZR
Atkins Ltd
Broadoak
Southgate Park
Bakewell Road
Orton
Southgate
PETERBOROUGH
PE2 6YS
Part I – Particulars of application
Date of application
24 May 2006
Particulars and location of development
Application no
M06/P/0457
Planning application for the realignment of existing land drainage ditch (Torksey
Darnsyke) for flood defence works to include formation of temporary access track
via Maltkiln Road, Fenton, excavation of newly aligned ditch, filling of existing ditch
with excavated material, construction of Kingfisher nest, construction of access
crossing the new ditch and environmental mitigation planting
Fossdyke Canal, Torksey Darnsyke, Torksey
Part II – Particulars of decision
The West Lindsey District Council
hereby give notice in pursuance of the provisions of the Town and Country
Planning Act 1990 that permission has been granted for the carrying out of the
development referred to in Part I hereof in accordance with the application and
plans submitted subject to the following conditions.
1.
2.
The development must be begun not later than the expiration of three years
beginning with the date of this permission.
No construction work associated with the development hereby approved
shall take place outside of the hours 08:00-18:00 hrs Monday to Friday or at
any time on Saturdays, Sundays, Bank or Public Holidays unless otherwise
agreed in writing by the local planning authority.
/Continued overleaf
3.
4.
5.
6.
7.
8.
9.
The applicant shall arrange for an archaeologist recognised by the district
planning authority to carry out an archaeological watching brief during all
stages of the development involving ground disturbance in accordance with a
scheme to be submitted to, and approved by that authority before
development is commenced. Such arrangements shall include provision for
the observation, recording and recovery of artefactual evidence and postexcavation analysis. Fourteen days notice shall be given to the district
planning authority prior to the commencement of works. A report of the
archaeologist’s findings shall be submitted to the district planning authority
within two months of the last day of the watching brief, or such longer period
as may be agreed by the authority, and shall include arrangements for the
conservation and long-term storage of artefacts removed from the site.
The development, whereupon it affects water voles shall be in complete
accordance with Appendix G “Mitigation strategy to Water Vole” of the
Environmental Assessment received on 2nd May 2006, including monitoring,
details of the frequency and duration of which shall be submitted to and
approved in writing by the local planning authority before development
commences.
None of the development hereby approved shall take place during the bird
breeding season which is the months of March to August inclusive unless
otherwise agreed in writing by the local planning authority.
Before development is commenced the written approval of the local planning
authority is required to a scheme of landscaping and planting for the ecology
mitigation area marked hatched on the approved plan 5031262/WA/65/1001
Rev O received 2nd May 2006 (indicating inter alia the number, species,
heights on planting and positions of all the trees). Such scheme as approved
by the district planning authority shall be carried out in its entirety within the
period of 12 months beginning with the date on which development is
commenced (or within such longer period as may be agreed in writing with
the district planning authority). All trees, shrubs and bushes shall be
adequately maintained for the period of 5 years beginning with the date of
completion of the scheme and during that period all losses shall be made
good as and when necessary. All trees, shrubs and bushes shall thereafter
be retained.
The development shall be carried out in strict accordance with the measures
detailed in the action sections of points 2.A.2, 5.A.2, 2.B.6, 5.B2 and 9.B.1 of
the Environmental Action Plan prepared by the Environment Agency and
received on 2nd May 2006 pertaining to Kingfisher protection, Scheduled
Ancient Monuments, reptile protection and soil reuse respectively unless
otherwise agreed in writing by the local planning authority.
Before development commences details of the storage of topsoil including
location and maximum height shall be submitted to and approved in writing
by the local planning authority.
Notwithstanding the details indicated on pages 29-30 of the submitted
Environmental Statement, before development commences a scheme for the
protecting of neighbouring properties, including the Fossdyke 72 hour and
long term moorings, from noise, vibration and dust from the site during the
works associated with the development hereby approved shall be submitted
to and approved in writing by the local planning authority. All measures
which form part of the approved scheme shall be implemented in their
entirety throughout the period of works associated with the development.
10. Notwithstanding the details indicated within section 1.C.4 of the
Environmental Action Plan prepared by the Environment Agency and
received on 2nd May 2006 pertaining to Kingfisher protection, details,
locations and timing of installation of the artificial Kingfisher nests shall be
submitted to and approved in writing by the local planning authority prior to
development commencing.
11. Notwithstanding the details submitted by Atkins Water and received on 2nd
May 2006, a scheme for the phasing of the works associated with the
development shall be submitted to and approved in writing by the local
planning authority before development commences. The works shall be
carried out in strict accordance with this scheme.
The reasons for the conditions are:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Required to be imposed pursuant to Section 91 of the Town and Country
Planning Act 1990 as amended by Section 51 of the Planning and
Compulsory Purchase Act 2004.
In the interest of the residential amenity of occupiers of the 72 hour moorings
and long term moorings on the Fossdyke, Little London Caravan Park and
The Elms Mobile Home Park, the dwellings at Torksey Lock and to accord
with policy STRAT1 of the West Lindsey Local Plan First Review 2006.
In order to ensure that satisfactory arrangements are made for the
investigation, retrieval and recording of any possible and known
archaeological remains on the site and to accord with policies STRAT1 and
NBE7 of the West Lindsey Local Plan First Review 2006 and Planning Policy
Guidance (PPG) 16 Archaeology and Planning.
To ensure that any water voles present within the site during the construction
period are protected and to accord with policy NBE12 of the West Lindsey
Local Plan 2006 and Planning Policy Statement (PPS) 9 Biodiversity and
Geological Conservation.
To ensure that any breeding birds, their eggs and unfledged young within the
site are protected and to accord with policy NBE12 of the West Lindsey Local
Plan 2006 and Planning Policy Statement (PPS) 9 Biodiversity and
Geological Conservation.
In the interests of nature conservation, environmental mitigation, the visual
amenity of the publicly accessible open countryside within the vicinity and to
accord with policies STRAT1 and NBE12 of the West Lindsey Local Plan
2006 and Planning Policy Statement (PPS) 9 Biodiversity and Geological
Conservation.
In the interests of nature conservation, environmental mitigation and to
accord with policies STRAT1 and NBE12 of the West Lindsey Local Plan
2006 and Planning Policy Statement (PPS) 9 Biodiversity and Geological
Conservation.
In the interest of the visual amenity of the area and to accord with policy
STRAT1 of the West Lindsey Local Plan First Review 2006.
In the interests of nature conservation, environmental mitigation, the
residential amenity of occupiers of the 72 hour moorings and long term
moorings on the Fossdyke, Little London Caravan Park and The Elms Mobile
Home Park, the dwellings at Torksey Lock and to accord with policies
STRAT1 and NBE12 of the West Lindsey Local Plan 2006 and Planning
Policy Statement (PPS) 9 Biodiversity and Geological Conservation.
/Continued overleaf
10. To ensure that any Kingfishers present within the site during the construction
period are protected, to provide a suitable future habitat as a mitigation
measure to offset the works associated with the development approved and
to accord with policy NBE12 of the West Lindsey Local Plan 2006 and
Planning Policy Statement (PPS) 9 Biodiversity and Geological Conservation.
11. In the interests of nature conservation, environmental mitigation and to
accord with policies STRAT1 and NBE12 of the West Lindsey Local Plan
2006 and Planning Policy Statement (PPS) 9 Biodiversity and Geological
Conservation.
Informatives
1.
Government Pipelines and Storage System (GPSS) apparatus may be
affected by the proposal and you are advised to contact the GPSS operator
in the area before commencing works:Serco Gulf Engineering Ltd.
Ashdon Road
Saffron Walden
Essex
CB10 2NF
Tel 01799 5641010 or 513717
Contact: Mrs Anne Swallow.
2.
Prior to the commencement of any access works within the public highway
you should contact the Divisional Highways Manager on 01522 782070 for
application, specification and construction information.
3.
With regard to condition No.3, evaluation on this site has revealed fragments
of Roman pottery and limited evidence relating to post medieval malting kilns
which are known to be located nearby and may extend into the site. The
archaeological watching brief should be in the area to the west of Trench 4
referred to in the submitted Environmental Statement, for practical purposes
west of the field boundary would be a good guide. This should be undertaken
during stripping. A written specification is expected for the work prior to
commencement. Please contact Karen Dennis at Lincolnshire County
Council for further information. Tel 01522 554823, fax 01522 554829 or email Karen.dennis@lincolnsshire.gov.uk.
4.
You are advised to contact Chris Martin, British Waterways East Midlands
Third Party Works Engineer prior to commencement of works to ensure that
any necessary consents are obtained and the works are compliant with the
current Code of Practice for Works Affecting British Waterways. This includes
issues relating to the proposed closure of the towpath and related access
issues. Telephone 01636 675768.
5.
All fish movements whether in or out of waters require a formal consent from
the Environment Agency under the Salmon and Freshwater Fisheries Act
1975. For further information please contact the Environment Agency Fish
Movements Authorisation Office on 01480 483968.
6.
You are advised that species such as Water Voles, Otters, Badgers and
Great Crested Newts are legally protected under Schedule 5 of the Wildlife &
countryside Act 1981 (as amended). This includes protection against
deliberate killing or disturbance and the destruction or dame of breeding sites
as well as the intentional damage, destruction or obstruction of places of
shelter or protection.
Reason for granting planning permission:
Specific regard has been had to the provisions of the West Lindsey Local Plan
First Review 2006 in the first instance and specifically policies STRAT 1.
Development requiring planning permission, STRAT12 Development in the open
countryside, CRT20 Watercourse Corridor, SUS 6 Compensatory tree planting,
SUS14 Flood risk areas and NBE16 Culverting watercourses. Regard has also
been had to national guidance including Planning Policy Statement (PPS) 9
Biodiversity and geological conservation, Planning Policy Guidance (PPG) 16
Planning and archaeology, Planning Policy Statement (PPS) 23 Planning and
pollution control and Planning Policy Guidance (PPG) 24 Planning and noise.
Weight has also been afforded to policy NE1 Development in the countryside of
the Lincolnshire Structure Plan Deposit Draft 2004. In light of this policy context
and all other material considerations it is considered that the application is
acceptable and should be granted subject to conditions. Specifically, with some
minor detailing being controlled by conditions, the proposal will not have an
adverse impact on the environment generally, specifically the fauna and flora, the
residential amenity of nearby occupiers at the Elms Caravan Park, the Fossdyke
Moorings, Little London Caravan Park or Torksey Lock, the visual amenity of the
surrounding open countryside or the safety of users of the local highway network
including Maltkiln Road and the A156.
Date 24 August 2006
Council Offices, The Guildhall,
Caskgate Street, Gainsborough,
Lincolnshire DN21 2DH
Director of Planning
West Lindsey District Council
Note: This permission refers only to that required under the Town and Country
Planning Acts and does not include any consent or approval under any other
enactment, byelaw, order or regulation. You are strongly advised not to commence
works until you have obtained any other permissions or consents that may be
required, for example approval under the Building Regulations, otherwise there
may be a risk of significant legal and financial consequences. For further advice on
the Building Regulations, contact the Council’s Building Control section.
Appeals to the Secretary of State
 If you are aggrieved by the decision of your local planning authority to refuse
permission for the proposed development or to grant it subject to conditions,
then you can appeal to the First Secretary of State under section 78 of the
Town and Country Planning Act 1990.
 If you want to appeal, then you must do so within six months of the date of this
notice. Appeals must be made on a form which may be downloaded from the
Planning Inspectorate website at www.planning-inspectorate.gov.uk.
Alternatively appeal forms can be obtained from the Planning Inspectorate,
Customer Support Unit, Temple Quay House, 2 The Square, Temple Quay,
Bristol, BS1 6PN, telephone 0117 372 6372.
 The First Secretary of State can allow a longer period for giving notice of an
appeal, but he will not normally be prepared to use this power unless there are
special circumstances which excuse the delay in giving notice of appeal.
 The First Secretary of State need not consider an appeal if it seems to him
that the local planning authority could not have granted planning permission
for the proposed development or could not have granted it without the
conditions they imposed, having regard to the statutory requirements, to the
provisions of any development order and to any directions given under a
development order.
 In practice, the First Secretary of State does not refuse to consider appeals
solely because the local planning authority based their decision on a direction
given by him.
Purchase Notices
 If either the local planning authority or the First Secretary of State refuses
permission to develop land or grants it subject to conditions, the owner may
claim that he can neither put the land to a reasonably beneficial use in its
existing state nor render the land capable of a reasonably beneficial use by
the carrying out of any development which has been or would be permitted.
 In these circumstances, the owner may serve a purchase notice on the
Council (District Council, London Borough Council or Common Council of the
City of London) in whose area the land is situated. This notice will require the
Council to purchase his interest in the land in accordance with the provisions
of Part VI of the Town and Country Planning Act 1990.
If you require this document in another format e.g. large print,
please contact Customer Services on 01427 676 676, by
email customer.relations@west-lindsey.gov.uk or by asking
any of the Customer Services staff.