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Ab050710dma Cloakham Lawn Sports Centre and Weycoft Mill A– EEC/10/137/HQ Development Management Committee 21 July 2010 East Devon District: Provision of New Cycleway as Part of National Cycle Network Route 33 at Land between Cloakham Lawn Sports Centre and Weycroft Mill on the North-East Side of Axminster Town Centre Application No: 10/1007/CM Applicant: Devon County Council Date Application received by County Council: 6 May 2010 Report of the Executive Director of Environment, Economy and Culture Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect. Recommendation: It is recommended that, pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, planning permission be granted in accordance with the conditions set out in Appendix II of this Report. 1. Summary 1.1 This Report relates to a planning application for a section of the National Cycle Network Route 33 (the Stop Line Way), between Cloakham Lawn Sports Centre and Weycroft Mill to the north of Axminster. 1.2 It is considered that the main issues in the determination of this proposal relate to visual amenity and impact on the landscape, nature conservation, the historic environment, and overall sustainability considerations. 2. The Proposal/Background 2.1 The "Stop Line Way" is a largely traffic free footway/cycleway between Seaton Promenade and the County boundary with Dorset, intended to provide leisure and recreational facilities. The proposed route alignment closely follows the Second World War defence line built to delay enemy advance west of the line from Seaton to Burnham-on-sea. The entire route within the County of Devon has been split into sections, the purpose of this section being to link the proposed route through Axminster to Weycroft providing a scenic traffic free footway/cycleway through the Axe Valley. 2.2 The proposed route runs from Cloakham Lawn Sports Centre to the north of Axminster, primarily along the base of the existing railway line bank in open pasture land. This then rises up with the topography of the land to run along side a World War Two anti-tank ditch. The route then bends around the top corner of the field past a proposed area of landscaping with native foliage and over a stream using a new footbridge before making the crossing at Weycroft Mill. The proposed scheme comprises approximately one kilometre of three metre wide, shared cycle/walkway. The horizontal alignment would be to the East of Axminster rail line linking London Waterloo to Exeter, running along the base of the bank. The vertical profile will be designed to best fit the existing ground level and will not normally exceed 1:20, although this will be steepened locally to obtain access from the road to the field at Cloakham Lawn. 2.3 The site is set within the Axe Valley, within an Area of Great Landscape Value. The site is also within the River and Coastal Flooding Zone. 2.4 It is proposed that the cycle/walkway is used to provide a recreational facility for local residents, day visitors and staying visitors. Within these groups there also exists a distinction between the type of user, for example, casual or recreational cyclists, cycle enthusiasts, bird watchers, recreational walkers or dog walkers. 2.5 No additional parking is proposed in the application as users of the route are anticipated to be travelling between town centres where it is considered that adequate parking already exists. 3. Consultations 3.1 East Devon District Council : no objection provided the development is carried out in accordance with the recommendations of the Ecological Report, Tree Protection and Archaeological Assessment. In coming to this view, the District Council comments that: "The proposal is for a section of the Sustrans Cycle Route and represents an important piece of recreational/tourist infrastructure which provides a justification for the development in an open countryside location. The engineering works proposed will change the character of this part of the site in that it will result in a more artificial appearance but these works are reasonably required to facilitate the cycle route and are not of such a scale as to be visually harmful. The removal of a section of the stone wall adjacent to Weycroft Bridge and the provision of the new entrance point and bridge crossing will have a visual impact but will be seen against the existing residential development around the bridge and will not be harmful to the character and appearance of this part of the site. Considering the above points, it is thought that the proposed works will not be harmful and will allow for an important facility." 3.2 Axminster Town Council : supports the proposal. 3.3 Environment Agency: no objections. 4. Advertisement/Representations 4.1 The application was advertised by means of a site notice, and as a result of this one letter of objection, one letter of comment, and six letters of support were received from members of the public. 4.2 The objections refer to concerns on the use of Willhay Lane which would be an on- road section of the proposed cycleway. Concerns were also expressed in relation to the proposed highway works and road safety at Weycroft Mill. 4.3 In response to the objections, the proposed route to the south of this proposal will follow an on-road section, and will not give rise to the need for additional land take, or crossings of the Mill Brook. With regard to highway issues, it is considered that the access onto the A358, and the traffic light control through Weycroft are acceptable, but will be monitored and reviewed in connection with the next off-road section of the route in that area. 5. Planning Policy Considerations 5.1 In considering this application, the County Council as County Planning Authority is required to have regard to the provisions of the Development Plan. Section 28(6) 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 and are discussed in Section 6 below. 6. Comments/Issues 6.1 It is considered that the main issues in the determination of this proposal relate to visual amenity and impact on the landscape, nature conservation, the historic environment, and overall sustainability considerations. Landscape and Visual Amenity 6.2 There are no landscape designations affecting the route corridor, and there are no Tree Preservation Orders within 50m of the route. The nearest designated landscape is the Blackdown Hills Area of Outstanding Natural Beauty (AONB), the boundary of which is located approximately 0.4km to the north west. 6.3 Due to the alignment of the route close to existing riparian vegetation and the elevated railway embankment, the route corridor is not widely visible, and any visual impacts resulting from the route would be mainly experienced by route users themselves. It is considered that the adjacent railway embankment would help conceal and integrate the route in the wider landscape. 6.4 To limit any potential negative landscape impacts from the removal of sections of hedge bank, the Applicant is proposing to plant native trees [to include Ash, Field Maple, White Willow and Goat Willow] in designated areas. It is considered this will be of benefit to the landscape in terms of biodiversity, strengthening wildlife corridors, and in enhancing landscape character. Nature Conservation 6.5 The landscape in this section consists of amenity grasslands [including cricket pitches], pastoral land, and arable fields (mainly maize), together with hedgerows. The survey of protected species likely to be affected by the proposal [by way of an Extended Phase 1 Habitat Survey], sought to identify the presence of reptiles, water vole, otter, bats (tree roosts), and hazel dormouse. The survey found a high population of slow-worm in an area of semi-improved grassland at Cloakham Lawns; hazel dormouse in an area of mature hazel adjacent to the River Axe; and two inactive otter holts in the banks of the River Axe. In addition, a number of trees with the potential for bat roosts were identified along the application site. 6.6 In view of the presence of protected species, and to fulfil the obligations of PPS9, the Applicant makes the following recommendations. Reptiles - As the grassland adjacent to the application site contains much more favourable habitats, to include scrub, gravel, rubble, and banks, it is considered that the reptiles are part of much larger populations. Therefore reptile translocation is not considered necessary provided that precautions are taken to ensure the careful routeing of the path to encourage reptiles to move into refuge areas before construction begins; the installation of reptile fencing; and works under the supervision of a suitably experience ecologist. Furthermore, the Applicant proposes to create two reptile hibernacula adjacent to the railway land. Hazel Dormouse - The Applicant proposes to replant any defunct hedgerow sections and fenced field boundaries near the proposed path with species - rich hedgerow; and to provide a number of nest boxes amongst the mature hazel trees. Riparian Mammals - Although only inactive otter bolts were identified, the Applicant proposes to erect signs to instruct dog owners to keep their pets on a lead near the river. Bats - The Applicant comments that four areas of trees with bat roost potential were identified, and states that it does not intend to affect these trees. 6.7 It is considered that the mitigation measures outlined above are reasonable, and that if planning permission is granted, then an appropriate condition could be imposed to secure this mitigation.
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