Committee Report: 07-Oct-2008

EXMOOR NATIONAL PARK PLANNING COMMITTEE

Application 62/43/08/001 Grid Ref. 269377 149095 No: Applicant: Mr J Wolvern, Lee Abbey Fellowship, Lee Abbey, Lynton, Devon Location: Lee Abbey Fellowship, Lee Abbey, Lynton, Devon, EX35 6JJ Proposal: Proposed demolition of existing store and construction of single storey shower and toilet building. Reconstruction and extension to existing campfield shelter/store. (Part retrospective) (Full) Introduction: The full planning application proposes the demolition of existing store and construction of single storey shower and toilet building, together with the reconstruction and extension of the existing camp field shelter/store at Lee Abbey to the west of Lynton. The application site is within the Parish of Martinhoe near to the boundary of Lynton and Lymouth Parish.

The application is part retrospective as a result of work having already begun for the reconstruction of the shelter building.

Lee Abbey is home to a Christian community that hosts a conference, retreat and holiday centre. It is set in 280 acres of farm and woodland.

The application site is to the west of Lee Abbey and immediately north of Lee Cottage, which is itself a Grade II listed building.

The site is part of a designated Site of Special Scientific Interest (SSSI) and is also within the Coastal Zone Boundary for the National Park.

It is understood that the camp site operates under the permitted 28 days as set out under the Town and Country Planning (General Permitted Development) Order 1995.

The Design and Access Statement submitted with the application advises that “as part of its (the Christian community) work since 1948 it has been running summer camps for children and young people on the piece of land between the toll road to Woody Bay and Lee Abbey’ beach... these camps run over the summer holiday weeks only, and out of this period the field reverts to agricultural use and the shelter is used in support of this, for protecting trailers and farm equipment and storage”.

The proposed buildings are to be sited adjacent to the existing concrete access drive to the north east of Lee Cottage.

The shelter building measures 15.1 metres by 4.9 metres and has a maximum roof height of 2.8 metres. It has a mono pitch roof and is largely open sided. The building is constructed of timber and the roof is clad with Eternit Farmscape mineral fibre cement.

The shower and toilet building measures 6.5 metres by 3.2 metre and has a maximum roof height of 3.1 metres. It is constructed of materials consistent with the shelter building.

62/43/08/001 07 October 2008 EXMOOR NATIONAL PARK PLANNING COMMITTEE

The application comes before members because the red line boundary for the site includes an extensive area meaning that this application is considered a small scale major application.

Consultee Response: NATURAL ENGLAND: No comments received. ENVIRONMENT AGENCY SOUTH WEST: No objections in principle to the proposal provided buildings are constructed no closer than existing building footprint. The treated effluent to be discharged from the private package sewage treatment plant will require a ‘ consent to discharge’ from the Environment Agency. The applicant/agent can obtain the necessary application form and further guidance by contacting our National Contact Centre on 08708 506 506. AREA RANGER - ENPA: Public Rights of Way Officer – This application does not appear to interfere with public rights of way. No objections COUNTRYSIDE & LAND MANAGEMENT - ENPA: Archaeology - No known archaeological implications. CONSERVATION AREA OFFICER - ENPA: Historic Buildings Officer – Building is remote from main listed building and will have no impact on it. DCC - HIGHWAYS: No comments received. NDDC: No observations MARTINHOE PARISH COUNCIL: No comments received. LYNTON & LYNMOUTH TOWN COUNCIL: No comments received at time of preparing this report – comments expect before Planning Committee meeting. ENVIRONMENT AGENCY SOUTH WEST: No comment received NATURAL ENGLAND: No comments received. SCC - ENVIRONMENT DIRECTORATE: No comments received. COUNTRYSIDE & LAND MANAGEMENT - ENPA: Conservation Officer (Archaeology) – No known archaeological implications Landscape Officer – I have no objections to the proposal, however, care should be taken during the construction in order to minimise damage to existing vegetation. No details have been submitted regarding protection of the proposed planting, I would recommend the use of appropriate tree/shrub shelters in order to assist the establishment of healthy vegetation. Conservation Officer (Trees and Woodlands) – There appear to be no tree problems with this application, however the applicant should be advised that if the work is granted permission any trees on site should be afforded protection as laid down in the guidance of BS 5837. In brief summary, that is that trees on or surrounding the development site should be protected by fences and the fenced area should be considered sacrosanct; compaction by vehicles around tree roots should be avoided; materials should not be stacked around tree roots; there should be no fires near to trees and roots should not be severed. If in any doubt please contact Conservation Advisor (Trees and Woodlands) on 01398 322 291. Wildlife Conservation Officer – Please ensure that a wildlife survey is carried out prior to the demolition of the shed to ensure bats and nesting birds are not using it. AREA RANGER - ENPA: Public Rights of Way Officer – This application does not appear to interfere with public rights of way. No objections

62/43/08/001 07 October 2008 EXMOOR NATIONAL PARK PLANNING COMMITTEE MARTINHOE PARISH COUNCIL: No comments received. LYNTON & LYNMOUTH TOWN COUNCIL: No comments received at time of preparing this report – comments expect before Planning Committee meeting. LYNTON & LYNMOUTH TOWN COUNCIL: No comment received Public Response: 1 letter of support 1 letter of representation received confirming no objection to the proposals. RELEVANT HISTORY 62/43/08/00 Proposed demolition of existing store and construction of single storey shower and toilet building. Reconstruction and extension to existing campfield shelter/store. (Part retrospective) Full Same Site Most Relevant Development Plan Policies: Somerset and Exmoor National Park Authority Joint Structure Plan

STR1 – Sustainable Development STR6 – Development outside Rural Centres and Villages Policy 1 – Nature Conservation Policy 2 – Exmoor National Park Policy 5 – Landscape Character Policy 23 – Tourism Development in the Countryside Policy 59 – Safeguarding Water Resources

Exmoor National Park Local Plan

LNC1 – General National Park Policy LNC4 – Important Trees, Woodlands and Hedgerows LNC6 – Coastal Zone LNC10 – Sites of Special Scientific Interest LNC14 – Protected Species and Habitats CBS9 – Settings of Listed Buildings CBS12 – New Development RT1 – Tourism Related Development U1 – Water Resource Protection - Groundwater Observations: The proposed buildings are relatively small scale in the wider context and related to existing developments at Lee Abbey.

Additionally landscaping is proposed in order to mitigate the impact of the development in the wider landscape. The proposed buildings essentially replace existing buildings and considering that replacement buildings are of a relatively diminutive scale, the proposal is not considered to harm the landscape character or appearance, or the setting of the Coastal Zone.

No objection has been received from the Landscape Officer.

62/43/08/001 07 October 2008 EXMOOR NATIONAL PARK PLANNING COMMITTEE

No archaeological concerns have been expressed and the Historic Buildings Officer is satisfied that the development will not harm the setting of nearby listed buildings.

The application site is part of a SSSI. No comments have been made by Natural England and the National Park Authority’s Wildlife Conservation Officer has advised that an ecological survey be carried out on the building to be demolished to ensure that no bats and nesting birds are not using it.

On the basis of the consultation responses received, or lack of in terms of Natural England, it would appear that there are no concerns with regard to the impact of the proposed development on the SSSI subject to an ecological survey, which can be conditioned.

No other concerns have been expressed within the consultation exercise and on the basis that the proposed development is not considered to be intrusive or have an adverse impact on the landscape, wildlife or cultural heritage of Exmoor and considering the development replaces existing structures, it is considered that on balance the proposal complies with the relevant Development Plan policies.

Therefore it is recommended that planning permission be granted, subject to conditions.

At the time of preparing this report, Lynton Town Council has not provided their formal response, which is expected prior to the Planning Committee meeting. The recommendation is therefore made subject to no adverse comments being received from the Town Council.

Recommendation: Approve subject to the following conditions 1. 1 Time limit for commencement of development (3 years) 2. The materials to be used for the external wall surfaces of the buildings hereby approved shall be exactly as shown on the approved drawing number 709- 003D unless otherwise agreed in writing prior to the installation on site. 3. No development shall take place unless there has been submitted to and approved in writing by the Local Planning Authority measures in respect of :-

(i)The identification through site survey of protected wildlife species (as designated under the Wildlife and Countryside Act 1981 (as amended) and the Badger Act 1992.) within the existing store, which is to be demolished. (ii)The protection, as required, of wildlife species, referred to under (i) above and as identified through the site survey. The approved measures shall be implemented in full unless the Local Planning Authority gives written consent to any variation.

62/43/08/001 07 October 2008 EXMOOR NATIONAL PARK PLANNING COMMITTEE 4. The landscaping scheme as demonstrated on approved drawing number 709- 005 submitted as part of the application shall be provided in accordance with the details and specification therein and shall be provided in the first planning season after the substantial completion of the buildings hereby approved, unless otherwise agreed in writing by the Local Planning Authority and shall be maintained for a period of 5 years. Such maintenance shall include the replacement of any tress or shrubs that die within this time period. 5. No external lighting or floodlighting shall be installed without the prior written approval of the Local Planning Authority. 1. In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990, (as amended by the Planning & Compulsory Purchase Act 2004).

2. In the interests of the appearance of the development and to ensure the development harmonises with its surroundings in the interests of the visual amenities of this area.

3. In the interest of the nature conservation value of the site.

4. In the interests of the longer visual amenities of the locality and to ensure the development harmonises with its surroundings in the interests of the character and amenity of the area.

5. To safeguard the visual amenity of the area.

Notes to Applicant:

MONITORING OF DEVELOPMENT

The applicant/developer is reminded that it is their responsibility to ensure that the requirements of each planning condition are met and that the works are undertaken in accordance with the approved plans. Any failure to meet the terms of a planning condition or work which does not accord with the approved plans leaves the applicant/developer liable to formal action being taken. The National Park Authority endeavours to monitor on site the compliance with conditions and building works. This has benefits for applicants and developers as well as the National Park. To assist with this monitoring of development the applicant/developer is requested to give at least forteen days notice of the commmencement of development to ensure that effective monitoring can be undertaken. The Planning Section can be contacted at Exmoor National Park Authority, Exmoor House, Dulverton, Somerset, TA22 9HL or by telephone on 01398 323665 or by email [email protected].

62/43/08/001 07 October 2008 EXMOOR NATIONAL PARK PLANNING COMMITTEE PRESENCE OF BATS

The applicant is advised that under the Wildlife and Countryside Act 1981 it is an offence to kill or injure bats, to disturb them when roosting, to destroy roosts or to block entrances to roosts. It is strongly recommended that an investigation is undertaken by a licensed bat worker prior to any demolition or refurbishment works being carried out, to ensure that no bats are present in the existing buildings.

If evidence of the presence of bats is found, advice should be sought immediately from Natural England on steps which can be taken to avoid contravention of the above Act.

Furthermore, if bats or a bat roost is identified a licence under the Conservation (Natural Habitats) Regulations 1994 is likely to be required before works can commence. The applicant is strongly advised to take specialist advice if bats or a bat roost may be present and that the contact for applying for a licence is the Licensing Officer, European Wildlife Division, Department of Environment Food and Rural Affairs, Room 1/08, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6EB (0117 372 8903).

CONDITIONS AND INFORMATIVES AND THE SUBMISSION OF FURTHER DETAILS

Please check all the conditions and informatives attached to this Decision Notice. If there are any conditions which require submission of details and/or samples prior to work commencing on site it is vital than these are submitted and agreed in writing by the Local Planning Authority before work starts. Given the High Court’s interpretation of the Planning Acts and their lawful implementation it is unlikely that the Local Planning Authority will be able to agree to a sample/details after the commencement of works if that sample/details should have been approved prior to commencement. If a sample/detail is not agreed as required prior to commencement and works have started then it is likely that this matter may only be able to be rectified by the submission of another application. To avoid delay, inconvenience and the need to submit a further application, please ensure that all appropriate details/samples are submitted and agreed at the specified time.

Please also note that due to other decisions of the High Court it is now not normally possible for the Local Planning Authority to agree to minor amendments to approved applications. It will be necessary to adopt a formal approach and that if changes to approved plans are proposed then it will be necessary to make a new planning application. Please ensure that works comply with the approved plans so as to avoid the possibility that works are unauthorised and liable for enforcement action.

ENVIRONMENT AGENCY COMMENTS/NOTE The Environment Agency raise no objections in principle to the proposal provided buildings are constructed no closer than existing building footprint. The treated effluent to be discharged from the private package sewage treatment plant will require a ‘consent to discharge’ from the Environment Agency. The applicant/agent can obtain the necessary application form and further guidance by contacting our National Contact Centre on

62/43/08/001 07 October 2008 EXMOOR NATIONAL PARK PLANNING COMMITTEE 08708 506 506.

CONSERVATION ADVISOR (TREES AND WOODLANDS) COMMENTS There appear to be no tree problems with this application, however the applicant should be advised that if work is granted permission any trees on site should be afforded protection as laid down in the guidance of BS 5837. In brief summary, that is that trees on or surrounding the development site should be protected by fences and the fenced area should be considered sacrosanct; compaction by vehicles around tree roots should be avoided; materials should not be stacked around trees; there should be no fires near to trees and roots should not be severed. If in any doubt please contact Conservation Advisor (Trees and Woodlands) on 01398 322291.

SUMMARY OF REASON FOR GRANTING PLANNING PERMISSION The Local Planning Authority, having regard to all planning considerations material to the determination of this application, including particularly impact on the character and appearance of the local landscape and Coastal Zone, affect on wildlife and the SSSI, design, archaeology, setting of listed buildings, local amenity, and all consultations and representations made in connection with the application, conclude that the proposal accords with the provisions of the development plan as applicable to it, including the policies and proposals noted below, and there are no grounds which justify its refusal.

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Planning Application Site

Site Map Reproduced from an Ordnance Survey map with the permission of the 1:2500 Controller of HMSO © CrownCopyright reserved. Licence No 100024878

Planning Application No 62/43/08/001

Planning Application Site