EEC/10/137/HQ Development Management Committee 21 July 2010

East 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 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 , 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.

Archaeology and Cultural Heritage

6.8 An archaeological assessment has been submitted with the application, and this provides a summary of the historic environment interest within the proposal area, together an indication of the likely impacts of the development on it. The Second World War Stop Line is identified as the principle feature of archaeological interest. This is a site of regional archaeological importance, with elements of national importance. The route will also cross historic field boundaries and an area of earthworks of uncertain origin.

6.9 For this reason, in accordance with Planning Policy Statement 5 (Planning for the Historic Environment), and County Structure Plan Policies CO7 and CO8, in the event of planning permission be granted, a condition could be imposed to ensure that an appropriate record is made of archaeological evidence that may be affected by the development.

6.10 It is envisaged that there would public benefit to the historic environment through increased access, to and interpretation of, the Taunton Stop Line. A number of sites for interpretation are indicated in the submitted plans, and in the event of planning permission being granted, this could be achieved by the imposition of an appropriate condition.

Sustainability Considerations

6.11 Devon County Council's Strategic Plan seeks to promote green travel, to improve roads, and to reduce congestion. It is maintained that Green Travel will be encouraged by this development (along with the potential for reduced congestion), and will lead to increased health and wellbeing of both local people and visitors to the area. Devon Structure Plan Policy TR7 states that walking and cycling will be improved by pedestrian and cycle links between settlements and adjacent rural area. This scheme therefore helps towards the delivery of this policy.

6.12 In the Adopted East Devon Local Plan, cycling and walking are seen as a favourable alternative to motorised transport, and it is considered this scheme provides an opportunity to improve cycling provision in rural areas.

7. Reasons for Recommendation/Alternative Options Considered

7.1 The Committee has the option of approving, refusing or deferring this planning application. It is considered that the development should be approved subject to conditions set out in Appendix II to this Report.

Stewart Redding County Development Manager

Electoral Division: Axminster

Local Government Act 1972: List of Background Papers

Contact for enquiries: Andy Bowman

Tel No: 01392 382967

Room No: ABG Lucombe House

Background Paper Date File Ref

Current Application 17/5/2010 DCC/3052/2010 ab050710dma sc/cloakham law sports 6 hq 140710

Appendix I To EEC/10/137/HQ

Planning Policy Considerations

Devon County Structure Plan 2001 - 2016 (Adopted October 2004): CO13 (Protected Water Resources and Flood Defence); CO4 (Areas of Great Landscape Value); CO6 (Quality of New Development); CO8 (Archaeology); ST1 (Sustainable Development); ST5 (Development Priority 2001 - 2016); TO6 (Public Rights of Way); TR1 (Devon Travel Strategy); TR5 (Hierarchy of Modes); and TR7 (Walking and Cycling).

East Devon Local Plan 1995 - 2011 (Adopted July 2006): D1 (Design and Local Distinctiveness); D5 (Trees on Development Sites); EN2 (Areas of Great Landscape Value); EN8 (Proposals Affecting Sites Which May Potentially be of Archaeological Importance); RE5 (Recreation Facilities in the Countryside and on the Coast); and TA4 (Footpaths, Bridleways and Cycleways).

Appendix II To EEC/10/137/HQ

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.

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 C08055/412 and C08055/411.

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

3. The development shall be carried out in accordance with the Tree Survey and Arboricultural Implications Assessment, reference 10.042.1.AIA.TPP, or as otherwise agreed in writing by the County Planning Authority.

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.

4. Before development commences, a Construction Environmental Management Plan shall be submitted to the County Planning Authority for approval. Unless otherwise agreed in writing by the County Planning Authority, the development shall be carried out in strict accordance with the approved Plan.

REASON: To ensure that the adverse impacts of construction activities are minimised

5. Unless otherwise agreed in writing by the County Planning Authority, no clearance of vegetation shall be carried out within the site between 15 March and 31 July inclusive in any year.

REASON: To minimise disturbance to nesting birds.

6. No development shall take place until the Applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the Applicant and approved by the Planning Authority. The development shall be carried out at all times in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the County Planning Authority.

REASON: To ensure that an appropriate record is made of archaeological evidence that may be affected by the development.

7. Before development commences, a scheme for the mitigation of impacts on protected species, and the measures for habitat enhancement, shall be submitted to the County Planning Authority for approval. Unless otherwise agreed in writing with the County Planning Authority, operations shall be carried out in strict accordance with the approved scheme.

REASON: In order to mitigate any potential adverse impacts on protected species and to enhance habitat creation.