ITEM 5 Application Number 07/2007/0753/FUL Address Hill Road Cemetery Hill Road Penwortham Preston Applicant Penwortham Town Council Development Change of use of agricultural land to extension of cemetery. Extended cemetery to provide area for woodland burials, sensory garden of remembrance, contemplation seating area, network of footpaths and landscaping Officer Recommendation Approval Recommended Conditions: 1. That the development must be begun not later than the expiration of three years beginning with the date of this permission. REASON: Required to be imposed pursuant to section 91 of the Town and Country Planning Act 1990. 2. That all burials within the site hereby approved shall be restricted only to the designated area indicated on approved plan no.4 (20/06/2008). REASON: To prevent the pollution of the water environment so as to comply with Policy ENV22 of the South Ribble Local Plan. 3. That all planting, seeding or turfing comprised in the approved detail of landscaping scheme shall be carried out in accordance with BS 4428, 1989 with any stock complying with the specification of BS 3936 (part 1) 1992 in the first planting seasons following the commencement of the development or such extension of this time as maybe agreed in writing with the Local Planning Authority. Any trees or plants within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation. REASON: In the interests of the amenity and appearance of the area in accordance with Quality of Development Policy QD7 in the South Ribble Local Plan. 4. That prior to the commencement of any works on the site a habitat creation and management plan shall be submitted to, and approved in writing by, the Local Planning Authority in consultation with specialist advisors. The habitat creation and management plan shall then be implemented within an agreed timescale. REASON: To provide an alternative habitat for Great Crested Newts so as to comply with Policy ENV4 of the South Ribble Local Plan. 5. That no more than single supine burials in graves shall be permitted on the site. REASON: To prevent the pollution of the water environment so as to comply with Policy ENV22 of the South Ribble Local Plan. APPLICATION SITE AND SURROUNDING AREA The application relates to a 1.64 Hectare parcel of land which fronts onto Hill Road in Penwortham and forms part of the Hill Road Cemetery site. The site is bounded to the west by Hill Road and to the north by a thin strip of Council owned land which abuts Valley Road. 1 To the east of the site is a wooded buffer-zone to Golden Way and to the south is the burial ground for Hill Road Cemetery. The application site comprises of a visitor car park, with approximately 22 car parking spaces, accessed off of Hill Road and open unmanaged grassland with pockets of vegetation and a small pond. A stream runs west-east across the north of the site along which numerous mature trees are present along the site boundary. The site is uneven and quite hilly in places The site, and surrounding area to the west and east, is designated as D4:Green Belt and OSR4: Parks and Other Public Open Space. PROPOSAL The application proposes the change of use of the land from unmanaged agricultural land to a woodland burial ground. The burial ground would comprise of an area for woodland burials, a sensory garden of remembrance, a seating area, a network of footpaths through the site and soft landscaping. Burials are only proposed in the south-western portion of the site on the higher ground, close to Hill Road and the existing cemetery, due to the presence of the watercourse to the north of the site to which a 30m exclusion zone has been included. Approximately 25% of the site has been identified as land where burials will take place. No structures or headstones are proposed to be erected within the site. There are no proposals to culvert the stream along the north of the site. The existing car park is proposed to remain unchanged with the exception of the vehicular access to the car park being made central. A gated access to the site is to be installed at the back of the existing car park, this shall be closed at night time to prevent out of hours entry to the burial ground. The sensory garden of remembrance is proposed to the east of the car park and extends up to the steep slope down to the existing pond. Formal planting with 2 raised flower beds and a central feature are proposed within the sensory garden. Reed planting is proposed along the side of the pond, along the side of the stream and beyond the culvert for 13m. A network of footpaths is proposed throughout the application site with 3 contemplation areas, sporadic bench seating and a circular seating area towards the eastern side of the site. A comprehensive landscaping scheme, with details of plant species, together with an ecological survey have been submitted with the planning application. The plans have been amended at the Local Authority’s request resulting in an accurate plotting of the existing car park and pond together with the amending of the proposed formal garden area. SITE HISTORY 07/2003/1164 – Change of use of agricultural land into extended burial ground. Withdrawn: Issue of potential impact on watercourse and Great Crested Newts identified, no mitigation information submitted. 07/2005/0972 – Change of use of agricultural land into extended burial ground. Withdrawn: Lack of required information. 2 REPRESENTATIONS A total of 4 letters of objection were received from neighbouring properties in relation to the proposal in addition to a letter from a planning consultant suggesting conditions / restraints that he believes should be placed on any given approval on behalf of one of the residents. A summary of the points raised in the letters received follows: Overlooking / Loss of privacy Potential for people sitting on benches and in sensory garden to cause overlooking / loss of privacy to properties on Valley Road Tree & Wildlife issues Great Crested Newts are present on the site and the site is of biological value Perceived view that trees bordering Valley Road will need attention in the future Pollution & flooding issues Potential for the burials to pollute nearby water courses Potential for the proposal to result in an increased chance of flooding Highway issues Potential for the proposal to increase traffic Other issues The noise from the Penwortham by-pass makes the site unsuitable for burials Potential for youths to congregate within the site resulting in anti-social behaviour Perceived view that the replacing of existing metal boundary fence with wooden boundary fence would allow youths to enter the site and sit on the fence The site is too steep for elderly people to access easily The proposed footpaths could be destroyed by rain CONSULTATION REPLIES The County Ecologist has no objection to the proposal providing that a condition is attached to any given approval requiring the submission, and agreement, of a habitat creation and management plan. The Environment Agency has no objection to the proposal providing that restrictive conditions are attached to any given approval relating to the type of burials and the location of burials. LCC’s Archaeology Planning Officer has no objection to the proposal Penwortham Nature Conservation Group supports the application recommendations of the types of trees to be included in the woodland mix. and makes The Local Authority’s Landscape Officer has no objection to the proposal in principle but raised concerns about the accuracy of the plans, the species of plants proposed and access. Amended plans have since been submitted and the Landscape Officer is satisfied with the outcomes of subsequent meetings. The Ramblers have no objection to the proposal. MATERIAL CONSIDERATIONS Context 3 The site is located adjacent to the Town Council’s ‘traditional’ cemetery off Hill Road in Penwortham and in the supporting information is stated as being required due to significant local demand. The supporting information cites significant environmental benefits of woodland burials over a traditional burial cemetery with woodland sites featuring a mixture of broad-leafed trees which ensures that graves remain forever in a natural setting. The supporting information states that “As the woodland begins to mature it becomes a haven for wildlife and wild flowers, and creates an area of peace, tranquillity and quiet contemplation”. There are no proposals to erect any structures or memorials and the area will simply as appear woodland. Ashes can be interred within the designated woodland ashes glade either in bio-degradable boxes or poured directly into the ground. An entry would be made in the Register of Burials on the day of interment which would record the personal details of the deceased. As there would be no specific memorial on individual grave plots there is considered to be less reason to visit individual grave sites. Local Plan allocation The site, and surrounding area to the west and east, is designated as D4:Green Belt and OSR4: Parks and Other Public Open Space in the South Ribble Local Plan. Policy D5, concerning development in the Green Belt, states a general presumption against inappropriate development within the Green Belt but allows for a number of uses including “Essential facilities for outdoor sport and outdoor recreation, for cemeteries, and for other uses of land which preserve the openness of the Green Belt and which do not conflict with the purpose of including land in it”. The proposed development therefore clearly complies with the Green Belt policy in the South Ribble Local Plan. Policy OSR4, concerning parks and other public open spaces, states that development will only be permitted where: “a) It is in connection with and will enhance recreational and./or amenity value of the open space; b) It is of a size and scale which does not detract from the character of the open space; and c) It will not have a detrimental effect on any site of nature value” As the proposed development would lead the landscape management and public access to a site which is currently fenced off to the public and is largely unmanaged, without the erection of any structures, criteria a) and b) of Policy OSR4 are complied with. The County Ecologist has stated no objection to the proposed development and is satisfied with the proposed mitigation measures. A condition has been requested by the County Ecologist for the agreement of a habitat creation and management plan. For these reasons the proposed development is fully in accord with Policy OSR4 of the South Ribble Local Plan. Impact on streetscene / character of the area As no structures or headstones are proposed to be erected within the site with only a sensory garden of remembrance, a seating area, a network of footpaths through the site and soft landscaping there is not considered detrimental impact on the streetscene or character of the area. Inter-relationship to neighbouring properties The variable tree screening along the northern boundary is to remain and a 30m exclusion zone of burials has been included along due to the presence of the watercourse. Consequently a distance of some 60m would be present from the section of the site where burials are to take place, including the meeting circle with seats, to the front elevation of the properties on Valley Road. This distance is considered to be sufficient so as to prevent the proposed use of the land from unduly impacting upon the amenities of neighbouring in terms of overlooking / loss of privacy. 4 Highway issues The proposed use of the site as a woodland burial is not considered to materially alter traffic to and from the site. An existing car park is present on the site which also serve the ‘traditional’ element of Hill Road Cemetery. Tree / wildlife issues The site has been identified as an area where Great Crested Newts frequent in an ecology report submitted with the planning application. The County Ecologist has no objection to the proposal providing that a condition is attached to any given approval requiring the submission, and agreement, of a habitat creation and management plan. This request is considered to be prudent and reasonable and complies with Policy ENV4 of the South Ribble Local Plan. None of the trees within the site are protected by a Tree Preservation Order and no trees are intended to be pruned or felled as part of the proposed development. Pollution & flooding issues The Environment Agency have fully assessed the planning application, including considering the potential for pollution and flooding, and have no objection to the proposal providing that restrictive conditions are attached to any given approval relating to the type of burials and the location of burials. This request is considered to be prudent and reasonable. The Local Authority’s Landscape Officer has no objection to how the proposed footpaths are to be formed. Other issues The perceived view that the background noise from a nearby by-pass makes the site unsuitable for burials is not a material planning consideration and cannot be considered as such. The applicant has confirmed within the supporting information that the security gates will be locked on a night to prevent unauthorised out-of-hours access to the site. The metal boundary fence abutting Valley Road is outside of the application site and is not within the applicant’s ownership as it is owned by South Ribble Borough Council. The removal of this fence and replacement with a timber fence does not form part of this application. The perceived view that parts of the site may be too steep for elderly visitors to access easily is not a material planning consideration and cannot be considered as such. Summary The proposed change of use of the land from unmanaged agricultural land to a woodland burial ground is considered to make good use of a currently neglected parcel of land whilst still retaining the natural and open appearance of the land together with satisfying a local need for such a site. The proposed development is considered to be in accordance with Policies QD1, D5, ENV4, ENV22 and OSR4 of the South Ribble Plan and therefore is recommended for conditional approval. RELEVANT POLICY QD1 Design Criteria for New Development D5 Development in the Green Belt ENV4 Protection of the Habitats of Wildlife ENV22 Pollution OSR4 Parks and Other Public Open Spaces QD7 Landscaping in New Developments 5