PTE/12/31 Development Management Committee 25 April 2012

County Council Development Town and Country Planning General Regulations 1992 - Regulation 3: City: Construction of a cycle/walkway as part of the Trail National Cycle Network No. 2. From Topsham, passing through Goosemoor RSPB Nature Reserve on boardwalk then over a new bridge over the River Clyst to join with the already constructed section of the trail to Exton Application No: DCC/3341/2012 Applicant: County Council Date Application received by County Council: 1 February 2012

Report of the Head of Planning, Transportation and Environment

Please note that the following recommendations are subject to consideration and

determination by the Committee before taking effect.

Recommendation: It is recommended that subject to:

(a) the Committee endorsing the conclusions of the Appropriate Assessment of the anticipated effects of the scheme on the Exe Estuary Special Protection Area and Ramsar Site; (b) the receipt of amended plans to show the location and design of alternative viewing facilities; the increase in height of the parapet on the boardwalk and bridge; and the revised locations of the bridge piers; planning permission be granted in accordance with the conditions set out in Appendix II to this Report.

1. Summary

1.1 This Report relates to a planning application for a cycle/walkway that would run from Bowling Green Lane, in Topsham, through the Goosemoor Nature Reserve and over the River Clyst. This would form part of the Exe Estuary Trail and National Cycle Network (NCN2). The application is accompanied by an updated Environmental Statement, as required by Town and Country Planning (Environmental Impact Assessment (England and Wales) Regulations) 2011. An Addendum to the Appropriate Assessment, required as part of the EC Habitats Directive 92, also supplements the application.

1.2 It is considered that the main issues in the determination of this proposal relate to: the need for the development and overall sustainability considerations; its potential impacts on biodiversity (in particular the overriding impacts upon the Internationally designated Ramsar site and European designated Special Protection Area (SPA); the associated impact for users of the facility; impacts upon landscape, navigation along the River Clyst; the historic environment; Network Rail; and impacts upon nearby neighbours and Topsham residents.

2. Background

2.1 A cycle/walkway similar to the one proposed was granted planning permission in 2008 by the Development Management Committee (Report EEC/08/53/HQ and Minute *215(b) refers). This permitted track runs from Bowling Green Lane, through Goosemoor Nature Reserve, over the river Clyst and then onto Exton. The section of this route from Exton to the River Clyst has already been constructed. In variation to this proposal, the previous permission proposed: a three span bridge; a path through Goosemoor Nature Reserve which would be located at ground level behind a bund; and two large bird viewing facilities at the east and west ends of the nature reserve. This Authority was advised that variations to this original scheme were necessary as a result of: proposed changes to management of future flood defences in the nature reserve, resulting in the Environment Agency requesting that the path runs above a specified height so that it can withstand up to a 1 in 200 year flood event; agreement with the landowner of the nature reserve (RSPB), for one bird hide instead of two; and the construction feasibility of building 5 rather than 3 piers for the bridge.

2.2 Other developments that have been granted planning permission near the site after 2008 include: the construction of Fisher’s Bridge; and the demolition of an existing industrial building, including the construction of three office blocks; raising site levels and construction of a new bridge at Odhams Wharf.

3. The Proposal

3.1 The proposed cycle/walkway would provide an off-road, track-side route that links Topsham with the existing track on the Exton side of the River Clyst. This trail already provides a predominately off-road route, which runs between Exeter and alongside the railway. This forms part of a NCN2 cycle track that runs along the eastern side of the Exe Estuary corridor linking to Exeter and beyond.

3.2 The proposed route is approximately 550m in length, and would run from Bowling Green Lane in Topsham, and then set down on the south side of the River Clyst.

3.3 On the Topsham side, the route would pass under the railway bridge arch, off into Goosemoor Nature Reserve. Here it would turn south east, alongside a railway track, which is approximately six metres higher than ground floor levels in the Nature Reserve. It would then run on a constructed path for around 100m. At this point, a bird viewing facility and cycle parking are proposed to be built on a constructed earth mound measuring approximately 50m 2. From here the cycleway would continue along an elevated boardwalk for around 300m, rising to connect with a 130m bridge over the River Clyst. This boardwalk would be 3 metres wide with a 1.8m high close boarded fencing enclosing the path on the Goosemoor Nature Reserve side, and a 1.4m high vertical infill parapet located on the side nearest the railway embankment. Two viewing points are planned along the boardwalk – these would contain a number of view ports at various heights, to allow glimpse views over the nature reserve. These viewing areas would extend out from main boardwalk path for approximately 1 metre, and are planned to be 4.5m in length.

3.4 The proposed bridge over the River Clyst would be located approximately 14.5 metres to the north of the existing railway bridge. The soffit (underside of the bridge) would be higher than the one on the adjacent railway bridge, whilst the parapet would run below the top of the steel railing of this other bridge. The path would be 3m wide and have the same varied timber parapet heights as the boardwalk. Unlike the boardwalk the parapet would be open on both sides – with louvres on the northern side (that would restrict the angle of sight from the bridge looking north west), and a standard vertical infill parapet on the other side. The flooring on the bridge would be a timber deck with anti-skid inserts.

3.5 Once over the River Clyst, the route would run on an earth embankment for around 30m to then link in with the existing cycle route. This section would be enclosed by 1.4m high timber post and four rail fence with mesh in-fill.

3.6 Alongside the railway track, a 1.8 metre high, 50mm x 50mm Welded Mesh security fencing would be put in place. The fencing would have posts of 3m maximum spacing. A 1.4 metre high Dog and Stock proof fencing would also run on the Nature Reserve side of the boardwalk. Off the boardwalk the route would be surface dressed with fine grey chippings in a similar finish to the recently completed section opened between Exmouth and .

3.7 The proposed cycle/walkway would be located within an internationally designated Ramsar site, a SPA, and a SSSI. It also travels through the Goosemoor RSPB Nature Reserve, and the section in Bowling Green Lane links to the boundary of the Topsham Conservation Area. In relation to Local Plan policy designations, the track is situated within an area of Open Space as indicated within the Exeter Local Plan (which covers the area within the Nature Reserve).

3.8 As part of the existing cycle/walkway route, a section already connects Topsham and the Exton side of the River Clyst. This is not entirely off-road – between Topsham and Darts Farm, the route then runs along an elevated, road side path, for around 600metres. It also passes straight through the middle of a cluster of cottages located next to Odhams Wharf. This route currently provides an opportunity to use the recently constructed Fisher’s Bridge and an open sided path which allows views towards Goosemoor Nature Reserve and the River Clyst. It is understood that currently a ten year lease has been agreed with a landowner for this existing route.

4. Consultations

4.1 Exeter City Council – raises no objections but refers to its response to the original application. Of relevance are: the removal of temporary screening after construction in the nature reserve; evaluation of the effects on hydrology and sediment movement of the Clyst Bridge. The City Council recommends hydrology and bird disturbance monitoring.

The Parking and Waterways Manager at Exeter City Council has commented that that Pier 3 of the proposed bridge would slightly hinder navigation. It is recommended that repositioning Pier 3 approx 3 metres towards the Topsham bank would improve navigational ease.

On sustainable travel grounds, the City Council strongly supports the scheme as another useful link as part of the Exeter to Exmouth cycle route, that helps avoid the narrow link that currently travels near Darts Farm. It is recommended that the chicane barriers as part of the scheme are designed for tandems and bikes with trailers.

4.2 District Council – makes no observations on the section of cycle/walkway running through the East Devon District Boundary Area. It also comments on the over-engineered approach for the length of the bird screening and potentially quite visually intrusive approach to the design and appearance of the bridge – but it appreciates this would be in the interests of the wildlife value of the adjacent Nature Reserve. It notes from the northerly direction that the bridge would be seen against the background of the adjacent railway bridge, and concludes therefore that impacts would be limited.

4.3 Woodbury Parish Council – no objections.

4.4 Parish Council – recommends approval, but asks for confirmation that the existing path through Tremlett’s will be retained – as explained above there is currently a ten year lease for this route.

4.5 Environment Agency – has no objections in principle – but notes that its formal consent is required for the proposed bridge and works in the floodplain.

4.6 Natural England – states that the proposal is not likely to have a significant effect on the special interest of the Exe Estuary SPA/Ramsar site providing: (i) the screen height along the boardwalk sections crossing Goosemoor is raised to 2m; and (ii) the construction scheme avoids the peak winter period for birds. The provision of viewing facilities (windows) along the boardwalk, in place of a more substantial viewing facility at the western end of the side of the RSPB reserve, should help to reduce the impacts of the screen height on users of the cycleway. It suggests securing an alternative substantial viewing facility in this area would need to be addressed through a subsequent planning application. In its view these should not affect SPA features.

In addition it suggests the use of a condition to ensure actions are carried out in the light of the results of on-going monitoring, and that the interpretation for the route is agreed with RSPB.

4.7 Royal Society for the Protection of Birds (RSPB) – comments that subject to its recommendation for an increase in height of the close boarded fence to 2m rather than the proposed 1.8m height, and with a construction schedule that avoids the peak winter waterbird months, the proposal would not have an adverse effect on the integrity of the Exe Estuary Special Protection Area (SPA) and Ramsar site. It also identifies that there is a higher risk of disturbance to birds compared with the previous approved scheme* and notes a potential minor risk of the attractiveness of the site for waterbirds.

(*This is because the boardwalk is raised above the ground, not hidden behind a planted bund as the previous application.)

Questions the need to build the route as there is an alternative route via Tremletts Boatyard.

Identifies the need for alternative flood defences to protect the adjacent railway line which Network Rail has acknowledged that it will not be able to accommodate on its own land. The RSPB raises concerns that with a proposed cycleway – this flood defence embankment would further encroach onto RSPB land in Goosemoor Nature Reserve. It should be noted that this is not a material planning a consideration for this planning application – but something that will have to be agreed through landowners in the future .

Comments are made on screening of adjacent properties – these comments are addressed through neighbour responses and in the comments section of the Report.

Recommends that the provision of interpretation facilities is agreed with the RSPB and should be made a condition of the consent.

Viewing facility – In an initial letter of objection from the RSPB, it advised that the site needs a viewing facility that is robust, welcoming and distinctive, but raised some concerns about anti-social behaviour and risk of damage for the proposed facility. Consequently it recommended that this facility be constructed from a manufactured non-combustible material. Following on-going discussions - the most recent letter from the RSPB concludes that the viewing facility can be removed from the planning application in response to concerns raised by a neighbour and that an alternative viewing facility is provided at the bridge end of the site off a ramp. The RSPB considers that the proposal needs to include a quality viewing facility, offering shelter and seating to a reasonable number of people. On-going discussions are taking place between the Applicant and the landowner (RSPB) on the section of track through Goosemoor.

4.8 Network Rail – no objection in principle, although it sets out a number of recommendations in relation to: a requirement for a licence agreement for works on Network Rail Land; actions to prevent endangering the safe operation of the railway; and, provision of a trespass proof fence next to Network Rail land to prevent disturbance or damage to Network Rail land.

4.9 Exe Estuary Shoreline Management Officer – no objection.

4.10 Topsham Community Association – raises concerns about the additional through traffic in the town. It would like the application to be deferred so the impacts of the recent cycle path via Fisher’s Bridge can be assessed). It believes the money would be better spent making the existing route safer.

4.11 The Topsham Society – questions the need for the application when there is an existing route. Expresses concern about potential conflicts between different road users in Topsham, and suggests that more than one route must be signposted through the town.

5. Advertisement/Representations

5.1 The application has been advertised by means of a notice on the site, notices in locally circulating newspaper, and neighbour notification.

5.2 As a result of these notifications 76 representations have been received. There have been 30 objection letters/e-mails to the proposal; with an additional 14 signatures for the same petition. The issues raised in objections are summarised as follows:-

Wildlife - the proposal would result in disturbance to birds and the SPA. It is also identified that Goosemoor Nature Reserve is one of the only few areas along the Estuary that does not have access by the public.

Lighting – concerns about potential impacts on nearby houses if the scheme includes lighting. Recommends no lighting as part of the scheme.

Navigation - concerns about boats not having sufficient room to navigate under the proposed new bridge. This may impact upon businesses and leisure boat activities on the Clyst.

Lack of views in Goosemoor Nature Reserve – the need for 1.8m high fencing is recognised but this would result in no views over the Nature Reserve.

Design of the bridge – concerns about the timber cladding of the bridge and that it will adversely affect views out to the estuary. It should be constructed to minimise noise disturbance in a sensitive area. The bridge should be painted to blend in with its surroundings. Concerns are raised about the elevation of the bridge being too high.

The Shoreline Management Plan – the development should be considered when this Management Plan is finally adopted so it is certain that the proposed route can withstand future flood events.

Estuary Erosion – concerns about the new bridge leading to further erosion of the railway bridge. Another question is raised about the structure of the bridge being designed to withstand changes in future erosion from changes to water levels.

Impact upon adjacent residents – an adjacent resident had raised concerns about the location of the bird hide and problem with anti-social behaviour as there has already been problems at the nearby Bowling Green Marshes bird hide. They instead suggest the best place for a hide is next to the proposed bridge, as this would have excellent views towards the estuary.

A nearby resident to the bridge has complained that the current angle of the louvres on the bridge will now direct sightlines to their land and property. He recommends 2m high parapets to limit view into nearby properties.

Impacts upon Topsham residents – a significant number of the objections raise issues about the potential conflicts between users on both Bowling Green Road and Elm Grove Road in particular, but routes through Monmouth Street and the Strand in Topsham are also mentioned. It is identified that these route are currently well used – often with parked cars, which may lead to conflicts with cyclists. Objections also raise the issue that cyclists will choose to turn down rather go than uphill on – and will end up on Topsham’s Goat Walk which is currently prohibited for use by cyclists. Some suggest that there needs to be better signs in Topsham to guide cyclists safely through the town.

Parking – Nearby residents are concerned that the new route will bring in the need for more parking (for cyclists and users of the hide) in an area already well used by motorists.

Impact upon the Topsham Conservation Area – from additional cyclists and parking.

Costs - questions are raised about the amount of money being spent on the scheme when overall budgets are limited and there is an existing cycle route – a number of respondents suggest that money would be better spent on improving this existing route, especially between Dart’s Farm and Fisher’s Bridge or an upgraded route through Topsham.

Flood Defence – it is expected that the required future flood defence for the railway line with have to be built on SPA land as a result of the new route . It should be noted that a flood defence scheme currently exists within Goosemoor Nature Reserve and the SPA – it is understood that this will no longer be maintained by the Environment Agency after 2014.

5.3 There have been 32 expressions of support for the scheme, raising the following points:

Benefits of the new route – as an off-road cycle route which would be: safer, attract more users which would then help improve health, wellbeing and promote sustainable transport (Resulting in fewer carbon emissions). Financial benefits for Topsham are foreseen as a result of the route attracting more visitors to the area. The proposed scheme is seen as a benefit in encouraging interest in wildlife as a result of being able to see the Nature Reserve and through the use of the bird hide. In particular it is seen to appeal to families – to help learning and safer cycling. It was also noted that construction and engineering costs would bring benefits to the local economy.

Concerns are raised about the existing route that the proposed cycle/walkway would replace. These are: that the roadside section between Fisher’s Bridge and Dart Farm is not safe for users, and children in particular; that the junction between the cycle route and the main road near Dart’s Farm is unsafe; concern is raised about the section next to Odhams Wharf which has: narrow corners leading to greater risk of collision; and danger at the entrances to houses and garages that front this section of the route.

Two supporters for the scheme comment on how high the fencing next to the nature reserve is – and suggest that birds could tolerate users on the path as they do with traffic and the railway line. One person states that walkers and cyclists want to see birds too and suggests an open slatted fence should be used instead.

6. Planning Policy Considerations

6.1 In considering this application, the County Planning Authority is required to have regard to the provisions of the Development Plan. Section 38(1) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations, which can include emerging policies, indicate otherwise. In this case, the relevant Development Plan Policies are summarised in Appendix I to this Report.

7. Comments/Issues

7.1 It is considered that the main material planning considerations in the determination of this planning application are: the need and overall sustainability considerations of the proposed cycle/walkway, the foreseen impacts upon wildlife and the associated impact for users of the facility; impacts upon the landscape, navigation along the River Clyst; the historic environment; Network Rail; and impacts upon nearby neighbours and Topsham residents.

The need for and sustainability considerations of the proposed cycle/walkway link.

7.2 The proposed route would form part of a strategic cycle route NCN2 supporting Devon Structure Plan Policy TR17 (Strategic Network Investment Proposals). Being direct, 3m wide in the most part, and off-road, it is likely to improve road safety and not have significant impacts upon nearby properties, unlike the alternative existing route that runs through cottages at Odham’s Wharf. These features, as well as a reduction in the distance needed to travel, is also likely to greater promote the route for cycling as a sustainable form of transport, in line with the National Planning Policy Framework (2012) (paragraph 29) and Structure Plan Policy – TR5 (Hierarchy of Modes). It will also support reductions in green house emissions and in this case, may help also to reduce congestion on a busy commuter route between Exeter and Exmouth. The route is likely to encourage walking and cycling, and provide associated health and well-being benefits as well as helping to improve air quality. In addition to this it would help promote Green Tourism for visitors as cycling and walking uses having a minimal impact upon the environment.

7.3 The route through Goosemoor Nature Reserve, with its proposed bird viewing facilities, will provide new opportunities for life-long learning and enjoyment in observing the Exe Estuaries unique wildlife. As this would be achieved in a sustainable manner, with easy access by foot and bicycle, it would be in line with Exeter City Council Core Strategy Policy CP10 (Meeting Local Need).

Impacts upon wildlife

7.4 The proposed cycle/walking route is located within the Exe Estuary, which is internationally recognised for its wildlife value. The site is located within the estuary’s International designation as a Ramsar site and European designation as a SPA. Perhaps the most important consideration of this proposal is to ensure that the development does not have an adverse effect on the integrity of both the Ramsar or SPA, as they are governed by European Law (as set out in the Regulation 61 of the Conservation of Habitats and Species Regulations 2010).

7.5 A variety of nationally significant wildlife (and geology) interests are also covered by the sites status as a SSSI. Of other wildlife significance is the Goosemoor Nature Reserve – supporting a range of legally protected species. Again it would need to be shown that impacts upon these are consistent with the legal and policy requirements set out in environmental legislation.

Impact upon SPA & Ramsar Site

7.7 Natural England identified the potential for the cycle/walkway to impact upon the designation of the Exe Estuary as a SPA. As a consequence a formal process referred to as an ‘Appropriate Assessment’ required the submission of a report (prepared by J D Goss-Custard) for the entire Exe Estuary Route. This focuses on the impact of the cycle walkway on estuarine birds - specifically relating to the SPA and Ramsar site. This report accompanied the original application submitted in 2007, and concluded that the development for the cycle/walkway proposed at that time was not likely to adversely affect the integrity of the Exe Estuary SPA and Ramsar Site subject to mitigation measures.

7.8 An addendum to the original Appropriate Assessment has been submitted as part of the application and discusses impacts as a result of changes to the overall design. The assessment concludes that no significant effects on shoreline birds are envisaged, and notes a reduction in impacts compared to the previous scheme in particular: the reduction in construction time which would limit how long wildlife experiences impacts; as the temporary causeways is no longer needed this would limit the effect on river mud flats and bird feeding areas; removal of the embankment from the scheme would prevent the need to bring in large quantities of earth material – reducing impacts of delivery vehicles, it would also enable the area beneath the cycle trail to be restored back to wetland and reed beds for future habitat use. The removal of the recreational areas will reduce noise levels and associated impacts.

7.9 This assessment does also discuss the impact of the raised boardwalk structure – stating that this will have no more impact on the birds when compared with the original scheme. The visual disturbance for birds, from those using the boardwalk, has been questioned by both RSPB and Natural England. They were not convinced that this would effectively screen users from birds and have concluded that a 2m high fence would more effectively screen all users from birds visibility. Consequently the Applicant has agreed to revise the proposals to submit a revised plan in order to minimise disturbance to birds.

7.10 Based on the information submitted in the original and updated ‘Appropriate Assessments’ as well measures set out in the Construction Environmental Management Plan (CEMP) 3.5.6, it can be concluded that the construction of and future use of the proposed section of cycle/walkway is not likely to have an adverse impact upon the integrity of the SPA and the Ramsar site. This would be subject to the recommendations, mitigation measures and proposed habitat enhancement, set out in these reports, as well as those in this report including the increase in height of the parapet. In the event of planning permission being granted, conditions would need to be imposed controlling: the timing of the works; a 2m high parapet is used; the final version of the CEMP be agreed with the County Planning Authority and the RSPB, and that appropriate actions are carried out in light of the recommendations made as part of an agreed monitoring programme.

Impact upon the SSSI, Protected Species and habitats and other wildlife

7.11 The Environmental Statement (ES) submitted as part of this planning application assesses the potential impacts of the changes to the scheme’s design upon ecology and nature conservation. It considers in particular, impacts upon: birds, habitats, fauna, protected species such as dormice, bats, otters and badgers as well as reptiles. This Statement puts forward mitigation and compensatory measures, guidelines for pre-construction and construction requirements as well as habitat compensation and enhancement. The updated ES concludes that impacts as a result of revised construction activities would lead to: small scale loss of habitat, potential disturbance to breeding and wintering birds (although the magnitude of the disturbance effect is predicted to be low but significant at a local level); and the potential to damage and or disturb, roosting Bats, Badger setts, Otter holts and Reptile habitats.

7.12 The updated ES also concludes that the operational impacts are dominated by disturbance to birds, in particular wetland birds from noise and visual disturbance. It states visual disturbance would be prevented through the design of the 1.8 metre high close boarded fencing for the length of the boardwalk. It concludes that this would effectively screen users from birds and so resulting in no significant effects. It should be noted that, at the request of RSPB, 2m high fencing is now proposed to limit disturbance to birds.

7.13 In terms of noise disturbance no significant effects are concluded as a result of bird monitoring to date of the Exe Estuary Cycle trail. This indicates negligible disturbance to birds from users – with greater disturbance resulting from the passing trains – of which the bird have habituated to this disturbance. It also concludes that essential maintenance works are likely to result in no significant effects as they would be infrequent and timings would be agreed with the RSPB. Conditions of the development can be used to ensure that the timing of the essential maintenance work is agreed with the RSPB.

7.14 The ES does not anticipate any significant risk of disturbance of harm to European Protected Species, such as bats and otters, but it does recommend measures to be carried out to minimise risks. The development if approved should be subject to the mitigation measures set out in the statement which include: measures to minimise risk of disturbance and harm to protected species; no lighting as part of the scheme; agreed timings of works; an updated CEMP; and, that screening and habitat compensation enhancement is provided for.

7.15 In light of the conclusions of the ES submitted with this application and the previous application, and both the Appropriate Assessment Report (Prepared by J D Goss-Custard), and the Addendum to this report – the CEMP and the Exe Estuary Trail Ornithological Monitoring report, advice from Natural England and the County Ecologist, it is considered that the impacts of the proposed route would not have an adverse effect on the designated sites as long as the mitigation measures recommended in all these reports are followed. This is consistent with the Conservation of Habitats and Species Regulations 2010, and accords with Structure Plan policies C09 (Biodiversity and Earth Science and C010 (Protection of Nature Conservation Sites and Species).

Associated Impact upon users – parapet height of boardwalk - bird viewing facility

7.16 At the time of writing this Report, a nearby resident (supported by the RSPB), stated that he does not want a bird hide viewing facility located next to Bowling Green Lane to form part of the planning application. This is primarily over concerns about potential anti-social behaviour at the facility. However, it is considered essential that the planning application includes some form of comprehensive bird viewing facility at facilities of the Goosemoor Nature Reserve site for community benefit – in line with Exeter City Council Core Strategy policy CP10 (Meeting Community Need) and to justify the benefit of running the track through this site whilst not compromising disturbance to birds. Increasing the number of view ports along the boardwalk, to at least 5 – with a large, quality, viewport area which is covered, located at the top of the boardwalk adjacent to the bridge, (in light of comments made by Natural England to secure a substantial viewing facility) would be seen as an acceptable comprise for the loss of a larger viewing facility located nearest to Bowling Green Lane.

7.17 As discussed in 7.9 above, the RSPB and Natural England recommend that the close-board parapet for the boardwalk is 2m high. It is clear that this would result in an impact for users, who, for a length of 400m will be enclosed by fencing 2m high on one side and a railway embankment on the other. For example, at the Bowling Green end, the rail track would be approximately 6 metres higher than the path. It is recognised that there are significant constraints on the height and appearance of the parapet on the side of the Nature Reserve in order to protect birds from disturbance - although it would be also essential to ensure that users are encouraged to cycle and walk on the path. It is considered that by providing additional bird viewing platforms along the route, a more open and varied route could be created. This should also be supplemented by 3D interpretation/public art, incorporated into the parapet itself to create interests and variety in the form of the fencing, along a route which would essentially be a long, straight path enclosed by high walls. This would need to be conditioned as part of any grant of planning permission.

Impacts on landscape

7.18 A Landscape and Visual Assessment was undertaken as part of the original planning application in the ES. It indicated that although the proposed path is not located within any landscape designation, it falls within the Exeter and Estuary Fringe Landscape Character Zone. In line with Structure Plan Policy CO1 (Landscape Character & Local Distinctiveness) the development should be sympathetic to the qualities of this character area.

7.19 The site is located within a landscape characterised by the mainly green, open floodplain of the River Clyst. The rail line and its embankment, that is aligned with trees, visually encloses this area on its southern side. The path would run alongside the existing railway line, embankment and bridge, and these with help it to fit in with the form of the existing landscape.

7.20 Views of the boardwalk element of the proposal would mainly be from the road that links Dart’s Farm to Fishers Bridge and some parts of Odham’s Warf. The board walk – with its close-boarded parapet - will be a dominant, visible linear feature in this landscape, when viewed at a distance – it is considered that planting (in agreement with the RSPB) is provided at intervals in front of the boardwalk, will help to break up the elongated appearance of this new feature, helping it to fit in better with it surrounding landscape. It may also have the added benefit of providing a buffer between the boardwalk and the Nature Reserve. This would need to be included as a condition of any grant of planning permission.

7.21 In terms of the visibility impacts of the proposed bridge – these are considered to be low as the bridge aligns with the adjacent railway bridge – and the bridge element of the scheme has open boarded timber fencing allowing the most opportunity for views through the bridge when compared with the rest of the scheme. The proposed naturally aging timber and the use of local stone on the pier will also help this feature to fit in with its surroundings. A condition should be used to ensure this by seeking approval of the details of the type of stone and its appearance on pier.

7.22 It is considered that with the mitigation proposals set out above, the proposal would accord with Structure Plan Policy CO1 (Landscape Character and Local Distinctiveness) and National Planning policy guidance that seeks to protect and enhance valued landscapes (paragraph 109).

Navigation along the River Clyst

7.23 Concerns have been raised about boats not being able to navigate along the River Clyst under the proposed new bridge. Trinity House, a corporation that helps to ensure safe navigation, has been contacted directly and has advised that there would be sufficient navigation clearance for boats. A local business and Exeter City Council state that pier 3 of the bridge may slightly effect navigation along the channel at low tide and under the bridge.

7.24 In response to these concerns, it is recommended that the pier 3 is relocated a few metres to the east to allow sufficient navigation room under the bridge. In order to ensure that the bridge appears to be visually balanced, other piers would need to be relocated slightly. The final location of piers should be agreed with the Environment Agency and the County Planning Authority before the grant of any planning permission.

Impacts upon neighbours

7.25 One neighbour has raised concerns about the fact that the sight lines of those using the proposed new bridge being directed towards their property and surrounding land. It is considered that distance and screening by trees and vegetation prevent any direct over looking into this nearby property.

7.26 Another neighbour has requested an increase in height of fencing to 2m at the side of the property nearest the cycle/walking route due to concerns about overlooking into their property. The Applicant has now agreed that a 2m high fence can be provided next to this property.

7.27 The proposed removal of the bird hide located at the bottom of the boardwalk, addresses the concerns raised by the immediate neighbour.

Impacts for Topsham residents

7.28 A number of concerns have been raised about road safety, in particular along Bowling Green Lane in Topsham. These on-road cycle routes would not require planning permission but would be subject to on-going safety monitoring and impact assessments conducted by this Authority. This would enable the monitoring of impacts as a result of the additional users along this road. In the unlikely event that highway safety issues arise, this could then be addressed though additional highway management proposals.

7.29 Concerns have also been raised about the potential for users to travel along the Goat Walk – which is currently prohibited for cyclists. NCN2 signs are proposed as part of the scheme, and signs at Bowling Green Road would direct users up the hill. The details of their design should form part of planning condition to ensure that these are as clear as possible whilst appropriately designed to fit in with the surrounding landscape.

Historic Environment

7.30 A Conservation Area is located at the Topsham end of the Cycleway and would include the small section which runs under the bridge at Bowling Green Lane. There are no scheduled monuments, listed buildings, historic parks and gardens, battlefields and hedgerows of historic interest either directly affected by the scheme or within the immediate boundary.

7.31 in terms of archaeological investigation, a watching brief has been submitted as part of the planning application as well as an updated assessment of archaeological impacts submitted. The ES identifies some evidence considered to be of archaeological and historic interest along the proposed route, but concludes that throughout most of the scheme the impact upon archaeological remains are likely to be minimal with only localised impacts in areas such as the new bridge over the River Clyst.

7.32 The conclusions of the ES and the proposals within the watching brief are supported, and consequently it is considered that subject to the imposition of a condition to ensure the recommended actions are carried out, the proposed cycleway would comply with Structure Plan Policy CO7 (Historic Settlements & Buildings) and CO8 (Archaeology).

7.33 In respect of the impacts on the Conservation Area, an increase in the number of cyclists, themselves, travelling through Topsham is unlikely to have an impact on its historic character and appearance. There may be an increase in the number of cars parking in the town – most likely to be associated with walkers or bird watchers, which may have a small impact on the appearance of streets in the Conservation Area if not managed effectively. None the less this is not anticipated to be significant enough to impact upon the historic character and appearance of the area in accordance with Structure Plan Policies CO7 (Historic Settlements & Buildings). However, the impacts of localised parking management would be monitored by this Authority.

Network Rail Land

7.34 In order to ensure the safe operation of the railway line and to prevent injury to those who use the proposed cycle/walkway, it is recommended that the requirements set out in the representations made by Network Rail should be included as a planning condition in the event of permission being granted.

8. Reasons for Recommendation/Alternative Options Considered

8.1 The Committee has the option of approving, deferring or refusing this planning application. It is recommended that the application is approved as it will provide a more direct, off road cycle and walking route for commuters and recreational users between Topsham and the existing NCN. This route is likely to promote more sustainable travel at a wider strategic level between Exmouth and Exeter and beyond, as well as encouraging greater learning of the wildlife within the Exe Estuary. It is essential that the recommendations in this Report in particular the proposed increase in height of the parapet, the increased number of bird viewing ports along the boardwalk; (including a larger, quality facility nearest the proposed bridge) the provision for artwork and interpretation; and revised location of the bridge piers, should form part of any approved proposal, as well as the conditions set out in Appendix II. This, as well as any proposed mitigation and enhancement measures set out in the Environmental Statements, the Construction Environmental Management Plan (CEMP) (and any update of this), would ensure that the cycle/walkway will not harm, and in some cases enhance, the nature conservation of this site, and others, alongside the Exe Estuary.

Dave Black Head of Planning, Transportation and Environment

Electoral Division: St Loyes & Topsham

Local Government Act 1972

List of Background Papers

Contact for enquiries: Hayley Stokes

Tel No: 01392 382261

Room No: ABG Lucombe House

Background Paper Date File Ref.

1. ApplicationDCC/2575/2007 - Construction of Cycle/Walkway as part of the Exe Estuary National Cycle Network No. 2 between in Topsham and Green Lane, Exton including the construction of a bridge over the River Clyst and smaller Bridge located adjacent to Hampstead Lane, and modification to bund in RSPB Goosemoor Nature Reserve, at , Topsham 2. Committee Site Visit Report for above 13 th Feb 2008 EEC/08/53/HQ 3. Committee Report for above 23 rd January 2008 EEC/08/10/HQ

hs030412dma sc/cr/cyclepath goosemoor topsham 06 hq 160412

Appendix I To PTE/12/31

Planning Policy Considerations

The National Planning Policy Framework 2012

Devon County Structure Plan 2001-2016 (Adopted October 2004) : Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon's Communities); ST4 (Infrastructure Provision); ST16 (Local Centres and Rural Areas); CO1 (Landscape Character and Local Distinctiveness); CO5 (Coastal Preservation Area); CO6 (Quality of New Development); CO7 (Historic Settlements and Buildings); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO13 (Protecting Water Resources and Flood Defence); TR1 (Devon Travel Strategy); TR5 (Hierarchy of Modes); TR6 (Network Integration); TR7 (Walking and Cycling); and TO6 (Long Distance Recreational Footpaths and Cycle Routes).

Exeter Local Development Framework – Core Strategy (February 2012) : Policies CP9 (Transport) and CP10 (Meeting Community Needs).

Exeter Local Plan, First Review 1995 - 2011 (2005) : Policies AP1 (Design and Location of Development); T1 (Hierarchy of Modes); T2 (Accessibility Criteria); T3 (Encouraging the Use of Sustainable Modes); T5 (Cycle Route Network); C1 (Conservation Areas); C5 (Archaeology); LS2 (Ramsar/Special Protection Area); LS3 (Site of Special Scientific Interest); LS4 (Local Nature Conservation Designations/RIGs); EN3 (Air & Water Quality); and EN4 (Flood Risk).

East Devon Local Plan, Revised Deposit, 2001-2011 (no plan is formally adopted): Policies S6 (Green Wedge); D1 (Design and Local Distinctiveness); D2 (Sustainable Construction); D3 (Access for Disabled); D4 (Landscape Requirements); D5 (Trees on Development Sites); D6 (Public Art); EN4 (Nationally Important Sites including Sites if Special Scientific Interest); EN5 (Protection of Local Nature Reserves, County Wildlife Sites and County Geological Sites); EN6 (Wildlife Habitats and Features); EN7 (Nationally and Locally Important Archaeological Sites); EN8 (Proposals Effecting Sites which may be of Archaeological Importance); EN11 (Preservation and Enhancement of Conservation Areas); EN17 (Maintenance of Water Quality and Quantity); EN20 (River and Coastal Flooding); EN21 (Surface Water Run-Off Implications of New Development); and TA4 (Footpaths, Bridleways and Cycleways).

Appendix II To PTE/12/31

Conditions

STANDARD COMMENCEMENT

1. The development shall commence within three years of the date of this permission.

REASON: To comply with Section 91 of the Town and Country Planning Act 1990.

STRICT ACCORDANCE WITH PLANS

2. Unless otherwise agreed in writing by the County Planning Authority, the development shall be carried out in strict accordance with the details shown on the approved drawings numbered BM.(4883)\200, BM.(4883)/201, BM.(4883)/202, BM.(4883)/203, BM.(4883)/204, BM.(4883)/205, BM.(4883)/206, BM.(4883)/207, TUE 80783\E\163A A, TUE 80783\E\161D, Updated Environmental Statement and Exe Estuary Ornithological Monitoring Report.

REASON: To ensure that the development is carried out in accordance with the approved details.

NATURE CONSERVATION

3. The development shall be carried out in strict accordance with the Ecology and Nature Conservation mitigation measures and habitat enhancement proposals set out in the Updated Environmental Statement January 2012.

REASON: To ensure that Devon's biodiversity is sustained and enhanced in accordance with Structure Plan Policies CO9 (Biodiversity and Earth Science) & CO10 Protection of Nature Conservation Sites and Species.

4. Before the development commences an updated Construction Environmental Management Plan (CEMP) shall be submitted to and agreed in writing by the County Planning Authority.

This CEMP shall be updated prior to the commencement of the construction of the bridge - in order to set out the construction activities for the proposed bridge and associated pollution prevention and ecological protection measures. This shall then be submitted to and agreed in writing with the CPA.

The development shall be carried out in accordance with the approved details of the CEMP.

REASON: To protect local biodiversity, which includes the designated SPA & Ramsar site; the living conditions of nearby residents and water quality. In accordance with Structure Plan Policies: CO9 (Biodiversity and Earth Science); CO10 (Protection of Nature Conservation Sites and Species); CO16 (Noise Pollution) & CO13 (Protecting Water Resources and Flood Defence).

5. Before the development commences, the following details shall be submitted to and agreed in writing by both the Royal Society for the Protection of Birds (RSPB) and the County Planning Authority:

I) the timing of construction works - so it avoids disturbance to over wintering birds in particular,

II) the appearance of both the temporary and permanent screening for birds, located within the nature reserve, and the proposed time for removal of the temporary fencing.

REASON: To minimise disturbance to birds. In accordance with Structure Plan policies CO9 (Biodiversity and Earth Science) & CO10 (Protection of Nature Conservation Sites and Species).

6. The County Planning Authority shall be notified of any actions required as a result of the on-going monitoring programme set out in the Exe Estuary Trail Ornithological Monitoring Report. These actions shall be implemented after they have been agreed in writing by the County Planning Authority.

REASON: To ensure the ongoing protection of birds and other wildlife that may be affected by the development as well as the living conditions of nearby residents. In accordance with Structure Plan policies CO9 (Biodiversity and Earth Science) & CO10 (Protection of Nature Conservation Sites and Species)

7. Following completion of the construction of the development - the County Planning Authority and RSPB shall be notified of any essential maintenance works to the boardwalk and bridge. These works shall only be carried out following written agreement with the County Planning Authority.

REASON: To ensure the ongoing protection of birds and other wildlife that may be affected by the development. In accordance with Structure Plan policies CO9 (Biodiversity and Earth Science) & CO10 (Protection of Nature Conservation Sites and Species).

NOISE AND VIBRATION

8. The development shall be carried out in strict accordance with the Noise and Vibration mitigation measures set out in the Updated Environmental Statement January 2012.

REASON: To ensure that Devon's biodiversity is protected as well as the living conditions of nearby residents. In accordance with Structure Plan Policies CO16 (Noise Pollution); CO9 (Biodiversity and Earth Science) & CO10 Protection of Nature Conservation Sites and Species.

LANDSCAPING/TREES

9. Before the development commences, full details of landscaping to be provided to the north east of the boardwalk in Goosemoor Nature Reserve shall be submitted to and approved in writing by the County Planning Authority (CPA). The approved details shall be implemented in the first planting season after completion of the development at a time agreed by the RSPB and the CPA. The approved scheme shall be maintained for a period of five years. Any tree or shrub, or any replacement of it, that is removed, uprooted, destroyed or dies within five years of the date of planting shall be replaced with the same or similar species in the same location.

REASON: To protect the character and appearance of the local landscape in accordance with Structure Plan Policy CO1 (Landscape Character and Local Distinctiveness).

10. Before the development commences, a scheme to safeguard all trees, shrubs and other natural features not scheduled for removal during site works and building operations shall be submitted to and approved in writing by the County Planning Authority. This scheme may form part of the updated Construction Environmental Management Plan (CEMP). The development shall be carried out in accordance with this approved scheme.

REASON: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damage throughout the construction period, in the interests of visual amenity in accordance with Structure Plan Policy CO1 (Landscape Character and Local Distinctiveness)

GEOLOGY AND GROUND CONDITIONS

11. The development shall be carried out in strict accordance with the Geology and Ground Conditions mitigation measures set out in the Updated Environmental Statement January 2012.

REASON: To ensure that Devon's geology is protected and ground contamination is prevented. In accordance with Structure Plan Policy CO9 (Biodiversity and Earth Science).

12. Before the construction of the bridge commences, details of the proposed stone and mortar to be used to face the bridge piers, and the appearance on the pier wall shall be agreed in writing by the County Planning Authority. The development shall be carried out in accordance with these approved details.

REASON: To ensure the development is in keeping with the character and appearance of the local landscape. In accordance with Structure Plan policy CO1 (Landscape Character and Local Distinctiveness).

SIGNAGE

13. Before the development commences, the design and details of the proposed signage, interpretation boards and public art on the parapet of the boardwalk, shall be submitted to and approved in writing by County Planning Authority.

The development shall be carried out in strict accordance with the approved scheme.

REASON: To ensure that signs, interpretation and public art on the boardwalk are well designed and in -keeping with the surrounding landscape. In accordance with Structure Plan Policies CO1 (Landscape Character and Local Distinctiveness) and CO6 (Quality of New Development).

LIGHTING

14. There shall be no lighting used in association with this permission.

REASON: To minimise disturbance to birds and to protect the living conditions of local residents. In accordance with Structure Plan policies CO9 (Biodiversity and Earth Science) & CO10 (Protection of Nature Conservation Sites and Species).

ARCHAEOLOGY

15. The development shall be carried out at all times in strict accordance with the approved programme of archaeological work in accordance with the written scheme of investigation.

REASON: To ensure that an appropriate record is made of archaeological evidence that may be affected by the development. In accordance with Structure Plan Policy (CO8) Archaeology.

NETWORK RAIL

16. No work shall be carried out on Network Rail land that may endanger the safe operation of Network Rail Structures and adjoining land.

The 1.8m proposed Weldmesh fencing shall be maintained and renewed as indicated on plan numbered BM.(4883)\202A.

Works associated with the proposal shall be carried out without damage to any existing fencing (other than the works shown on plan numbered BM.(4883)\202A) and walls including their foundations, embankments, and vegetation located on Network Rail Land.

REASON: To ensure the safe operation of the railway and the stability of Network Rail Structures and adjoining land.