Cherwell District Council
Planning & Development Services
Bodicote House 
White Post Road
Bodicote
Banbury
OX15 4AA

	

Our ref:	WA/2010/108956/01-L01
Your ref:	10/01642/OUT

Date:		30 December 2010

Dear Mr Lewis

OUTLINE APPLICATION (ALL MATTERS RESERVED) - PROPOSED NEW SETTLEMENT FOR 1075 DWELLINGS, TOGETHER WITH ASSOCIATED WORKS AND FACILITIES, INCLUDING EMPLOYMENT USES, A SCHOOL, PLAYING FIELDS AND OTHER PHYSICAL AND SOCIAL INFRASTRUCTURE.   HEYFORD PARK, CAMP ROAD, UPPER HEYFORD.      

Thank you for your consultation which we received on 22 November 2010.

Environment Agency position

We have no objections to the proposed development subject to the following conditions:
 
1) Condition: The development permitted by this planning permission shall only be carried out in accordance with the approved Environmental Statement (Waterman, October 2010) reference EED10658.103.R.3.2.1.AH and Flood Risk Assessment  (Waterman, October 2010) reference C11234 ES 001, and the following mitigation measure detailed within those documents:
 
- Limiting the surface water run-off generated by the development for all storm events up to and including the 1 in 100 year storm including a 30% allowance for climate change in accordance with Section 9.56 of the Environmental Statement and Appendix D of the FRA.

Reason: To prevent increased run-off and flooding by ensuring the satisfactory storage of/disposal of surface water from the site.

2) Condition: No development approved by this planning permission shall take place until a surface water drainage scheme for the site, based on sustainable drainage principles and an assessment of the hydrological and hydrogeological context of the development, has been submitted to and approved in writing by the local planning authority. The scheme shall subsequently be implemented in accordance with the approved details. 
 
The scheme shall also include:

•	Where appropriate the use of infiltration for the disposal of surface water, this shall follow site specific investigation into the feasibility of using infiltration for the disposal of surface water in accordance with Section 4.6 of the Flood Risk Assessment  (Waterman, October 2010) reference C11234 ES 001. This should include an assessment of infiltration in potentially contaminated areas.
•	The inclusion of sustainable drainage techniques in accordance with the principles set out in Table 1 of the Flood Risk Assessment (Waterman, October 2010) reference C11234 ES 001.
•	Controlled discharge rates to ensure there shall be no increase down stream or down gradient of the site, during or following construction as a result of the combined surface water and Sewage Treatment Work discharges.

Reason: To prevent the increased risk of flooding, to improve and protect water quality in the Gallos Brook as required under the Water Framework Directive and improve habitat and amenity. The site is underlain by the Great Oolite Limestone (Principal Aquifer) and this site has housed many potentially contaminative activities including fuel filling stations, above and underground fuel storage tanks, boiler houses, incinerators, workshops and a dry-cleaners. We need to prevent the possibility of infiltration drainage methods increasing the mobilisation of contamination into the Principal aquifer below the site.
   
3) Condition: No development approved by this planning permission shall take place (or such other date or stage in development as may be agreed in writing with the Local Planning Authority), until the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved, in writing, by the local planning authority:
 
1. A preliminary risk assessment which has identified:
all previous uses.
potential contaminants associated with those uses.
2. a conceptual model of the site indicating sources, pathways and receptors.
potentially unacceptable risks arising from contamination at the site.
3. A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.
4. The site investigation results and the detailed risk assessment (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.
 
5. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.
 
NOTE: We have reviewed Chapter 8 - Ground Conditions and Contamination of Waterman’s Environmental Statement for Heyford Park dated October 2010 and are satisfied that part 1 of this condition has been fulfilled.
 
Any changes to these components require the express consent of the local planning authority. The scheme shall be implemented as approved.
 
Reason: The site is underlain by the Great Oolite Limestone (Principal Aquifer) and this site and the airfield to the north has housed many potentially contaminative activities. We need to ensure that the site has been fully characterised with respect to soil and groundwater contamination. 

4) Condition: Prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met. It shall also include any plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the local planning authority.
 
Reasons: The site is underlain by the Great Oolite Limestone (Principal Aquifer) and this site has housed many potentially contaminative activities. We need to ensure that the site has been remediated to a level that ensures no lasting impact to groundwater.

5) Condition: Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the Local Planning Authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater.
 
Reason:  The site is underlain by the Great Oolite Limestone (Principal Aquifer). In order to complete the conceptual model, the complexity of the geological stratum under the site has to be assessed. We need to ensure that piling does not create pathways for contamination to migrate vertically.
    
6) Condition: No development approved by this planning permission shall take place until a scheme to install oil and petrol separators (Class 1) has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.
 
Reasons: The site is underlain by the Great Oolite Limestone (Principal Aquifer) and this aquifer has to be protected from contamination from the proposed future uses of the site. 

7) Condition: No development approved by this planning permission shall take place until a scheme for the improvement of the existing sewerage system has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented as approved. No occupation of dwellings approved by this permission shall occur until the scheme for improvement of the existing sewage system has been completed.
 
Reasons: To protect the water quality of the Gallos brook. 

Note to LPA: We ask to be consulted on any details submitted in compliance with these conditions. Please send a copy of the decision notice.

Informatives 

As there are a number of ordinary watercourses in the vicinity of the site it should be noted the erection of flow control structures or any culverting of a watercourse requires the prior written approval of the Environment Agency under s.23 of the Land Drainage Act 1991 or s.109 of the Water Resources Act 1991. The Environment Agency resists culverting on nature conservation and other grounds and consent for such works will not normally be granted except for access crossings.
 
The Control of Pollution (Oil Storage )( England) Regulations 2001 apply to all above ground commercial oil storage in tanks over 200 litres in volume.
This means that tanks must be fit for purpose and have secondary containment (or bund) sufficient to contain 110% of the tanks contents.
The secondary containment must be impermeable to oil and water and not have any drainage valve. All the tank's ancillary equipment (valves, delivery hose, gauges, vent) must be within the curtilage of the secondary containment or bund.
The Regulations have other stipulations and full information can be found on:
        www.environment-agency.gov.uk/osr
or from Pollution Prevention Guidance note 2 for above ground tanks or note 26 for drums and IBCs.
  
From 6 April 2008 it is a legal requirement to have a site waste management plan (SWMP) for all new construction projects worth more than £300,000.
 
The level of detail that your SWMP should contain depends on the estimated build cost, excluding VAT. 
For projects estimated at between £300,000 and £500,000 (excluding VAT) the SWMP should contain details of the:
•	types of waste removed from the site
•	identity of the person who removed the waste
•	site that the waste is taken to.
For projects estimated at over £500,000 (excluding VAT) the SWMP should contain details of the:
•	types of waste removed from the site
•	identity of the person who removed the waste and their waste carrier registration number
•	a description of the waste
•	site that the waste was taken to
•	environmental permit or exemption held by the site where the material is taken.
At the end of the project, you must review the plan and record the reasons for any differences between the plan and what actually happened.
 
You must still comply with the duty of care for waste.  Because you will need to record all waste movements in one document, having a SWMP will help you to ensure you comply with the duty of care. Further information can be found at www.netregs-swmp.co.uk
 
Advice to Applicant for condition 3

We are pleased to see from the Environmental Statement that a ground investigation is planned and where necessary remediation will be carried out on the site. In order to complete the conceptual model, the complexity of the geological stratum under the site has to be assessed. Our records also suggest that there was a dry-cleaners within the former settlement area, therefore chlorinated solvents should be included as a potential contaminant of concern.

Advice to Applicant

Due to the proximity of the site to tributaries of Gallos Brook all works carried out in connection with this development should comply with Environment Agency pollution prevention guidelines (PPG5): 'Works and maintenance in or near water'. Copies and further information are available from your local Agency office or from www.environment-agency.gov.uk/ppg

It is suggested that larger areas of hard standing e.g. walkways/car-parking are constructed following the recommendations set out in Sustainable Urban Drainage Systems guidance. This can be continued with designs for open space and landscaping within the area. The use of SUDS can attenuate the disposal of water and reduce the impact of pollutants to nearby watercourses. Guidance is available from Planning Policy Statement 25 or from the Environment Agency website, www.environment-agency.gov.uk/suds

Underground storage tanks no longer in use should be decommissioned according to the current Institute of Petroleum guidance. The Environment Agency would also advise that the guidance given in PPG 27 - Installation, decommissioning and removal of underground storage tanks is followed.

The foul drainage from this development will drain to the site Sewage Treatment Works which will need refurbishment. The developer should confirm with the sewerage undertaker that; (a) sufficient capacity remains to properly deal with the additional load and (b) the sewerage conveying foul drainage to these works has sufficient hydraulic capacity. 
   
Note:- If the refurbishment work at the sewage treatment facility are likely to improve the water quality of the effluent discharged, it will be necessary to apply to vary the discharge consent to ensure that the facility complies with current legislation. For more information on how to vary a discharge consent please refer to the EA website (www.environment-agency.gov.uk).
 
For more information with regards to the WFD please refer to the EA website (www.environment-agency.gov.uk) and the website for the United Kingdom Technical Advisory Group (www.wfduk.org).
  
If you have any questions please don’t hesitate to contact me.

Yours sincerely

Ms Michelle Kidd
Planning Liaison Officer

Direct dial 01491 828455
Direct fax 01491 834703
Direct e-mail michelle.kidd@environment-agency.gov.uk

cc Pegasus Planning Group