Decision details

A report was presented on a retrospective application for the importation of soil materials for use in ground stabilisation and landscaping works associated with a consented residential development on land off Chatburn Old Road, Chatburn.

The report included the views of Ribble Valley Borough Council, the County Ecology Service and details of two representations received.

The Development Management Officer presented a PowerPoint Presentation showing an aerial view of the site and the nearest residential properties. The Committee was also shown a location plan of the housing development and tipping area, an ecology survey and photographs of the site from various aspects.

The Officer reported orally that a further letter had been received on behalf of the applicant. The applicant stated that the original surveys of the ecology on the site had been revised using more modern software to produce a more accurate figure as to the area of habitat that had been lost and which required compensation. The applicant considered that the area of proposed compensation was equal to the area that they had measured through their survey. An illustration showing the area was circulated at the meeting. The applicant also reiterated his proposals for recreating calcareous grassland habitat on the compensation area including seeding, lime treatment, seeding and management.

In response, the officer advised that the comments of the applicant were noted. Nevertheless, the county council still considered that the area of habitat lost to the development was considerably greater than the area of proposed compensation. The applicant's proposed works to the surface of the tipped material were noted but it was considered that they would not allow for the development of habitats of the same quality as those lost.

Mr Jackson, the applicant, addressed the committee and spoke in support of the application. He explained that it had been necessary to address ground level differences on the site by using additional soil materials to provide an even gradient.  It was during this process that an area of unimproved grassland areas and semi improved calcareous grassland had been lost. He had since agreed to recreate this habitat but disputed the size of the area lost and the proposed area for compensation.

Members of the Committee discussed the application and agreed that the mitigation measures did not provide adequate compensation for the ecological impacts of the development. Members also raised concerns with regard to the retrospective nature of the application.

Resolved: That planning permission be refused for the following reason:

The development results in a loss of unimproved calcareous grassland which is a Habitat of Principal Importance for conservation in England (Section 41 Natural Environment and Rural Communities (NERC) Act 2006). The application does not provide for the adequate mitigation for the loss of such habitat and is therefore contrary to paragraph 175 of the National Planning Policy Framework, Policy EN4 of the Ribble Valley Local Plan and Policy DM2 of the Lancashire Minerals and Waste Local Plan.