(Public Pack)Agenda Document for Development Management

Phil Norrey Chief Executive

To: The Chairman and Members of County Hall the Development Management Topsham Road Committee Exeter Devon EX2 4QD

(See below)

Your ref : Date : 29 August 2017 Email: 01392 382299 Our ref : Please ask for : Gerry Rufolo

DEVELOPMENT MANAGEMENT COMMITTEE

Wednesday, 6th September, 2017

A meeting of the Development Management Committee is to be held on the above date at 2.15 pm in the Committee Suite - County Hall to consider the following matters.

P NORREY Chief Executive

A G E N D A

PART 1 - OPEN COMMITTEE

1 Apologies for Absence

2 Minutes

Minutes of the Meeting held on 12 July 2017 (previously circulated)

3 Items Requiring Urgent Attention

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

MATTERS FOR DECISION

4 County Matter: Waste: Torridge District: Variation of condition 1 of planning permission reference DCC/3910/2016 to allow the permanent retention of the green waste composting operation at Deep Moor Landfill Site, Road from Belle View Cross to High Bullen, High Bullen (Pages 1 - 10)

Report of the Head of Planning, Transportation and Environment (PTE/17/50) attached

Electoral Divisions(s): Torrington Rural 5 County Matter: Waste: Torridge District: The permanent use of a building for the operation of a Waste Recovery Yard and Waste Transfer Station, an extension to the Recovery Yard and provision of landscape screening bunds at Deep Moor Landfill Site, Road from Belle View Cross to High Bullen, High Bullen (Pages 11 - 24)

Report of the Head of Planning, Transportation and Environment (PTE/17/51) attached

Electoral Divisions(s): Torrington Rural

6 County Council Development: North Devon District: Retention of a Temporary Classroom for a further 5 Years, land at Ilfracombe Infant and Nursery School, Marlborough Road, Ilfracombe (Pages 25 - 32)

Report of the Head of Planning, Transportation and Environment (PTE/17/52) attached

Electoral Divisions(s): Ilfracombe

7 County Council Development: Torridge District: Construction of a Trail on former railway at land between the former Hole Station and the C494 near Chilla, Highampton (Pages 33 - 36)

Report of the Head of Planning, Transportation and Environment (PTE/17/53) attached

Electoral Divisions(s): Holsworthy Rural

8 County Council Development: West Devon Borough: Construction of a Trail at land north of the C491 Friars Hele to Petrockstowe Lane, Friars Hele Cross, Meeth, Okehampton (Pages 37 - 46)

Report of the Head of Planning, Transportation and Environment (PTE/17/54) attached

Electoral Divisions(s): Hatherleigh & Chagford

9 County Council Development: West Devon Borough: Construction of a Trail at land south of the C491 Friars Hele to Petrockstowe Lane, Friars Hele Cross, Meeth, Okehampton

The Head of Planning, Transportation and Environment to report that following the Development Management Committee site visit held on the 3 August 2017 additional information has been requested from the applicant relating to the impact of the proposed development on Parker’s Copse, specifically in terms of landscape impacts and ecological interests. A Report on the planning application will be made to a future meeting of this committee.

Recommendation: That members note the current situation.

Electoral Divisions(s): Hatherleigh & Chagford OTHER MATTERS

10 Delegated Action - Schedules (to include ROMPS Actions) and Summary Schedule (Pages 47 - 50)

Report of the Head of Planning, Transportation and Environment (PTE/17/55), attached.

Electoral Divisions(s): All Divisions

PART II - ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PRESS AND PUBLIC

NIL Membership Councillors J Brook (Chairman), H Ackland, Y Atkinson, R Bloxham, J Brodie, A Connett, G Gribble, I Hall, L Hellyer, J Hodgson, R Hosking, T Inch, P Sanders, C Slade and J Yabsley Declaration of Interests Members are reminded that they must declare any interest they may have in any item to be considered at this meeting, prior to any discussion taking place on that item. Access to Information Any person wishing to inspect any minutes, reports or lists of background papers relating to any item on this agenda should contact Gerry Rufolo. Agenda and minutes of the Committee are published on the Council’s Website and can also be accessed via the Modern.Gov app, available from the usual stores. . Webcasting, Recording or Reporting of Meetings and Proceedings The proceedings of this meeting may be recorded for broadcasting live on the internet via the ‘Democracy Centre’ on the County Council’s website. The whole of the meeting may be broadcast apart from any confidential items which may need to be considered in the absence of the press and public. For more information go to: http://www.devoncc.public-i.tv/core/

In addition, anyone wishing to film part or all of the proceedings may do so unless the press and public are excluded for that part of the meeting or there is good reason not to do so, as directed by the Chairman. Any filming must be done as unobtrusively as possible from a single fixed position without the use of any additional lighting; focusing only on those actively participating in the meeting and having regard also to the wishes of any member of the public present who may not wish to be filmed. As a matter of courtesy, anyone wishing to film proceedings is asked to advise the Chairman or the Democratic Services Officer in attendance so that all those present may be made aware that is happening.

Members of the public may also use Facebook and Twitter or other forms of social media to report on proceedings at this meeting. An open, publicly available Wi-Fi network (i.e. DCC) is normally available for meetings held in the Committee Suite at County Hall. For information on Wi-Fi availability at other locations, please contact the Officer identified above. Public Participation Any member of the public resident in the administrative area of the County of Devon may make a presentation to the Committee on a planning application being considered by the Committee, or any consultation on a proposal by a Government Department (but not when the County Council is consulted on a proposal by a District Council) or a Review of Old Minerals Permissions applications.

Any request to make a presentation must be given to the Office of the Chief Executive's Directorate by 12 noon on the forth working day before the date of the meeting. For further information please contact Exeter 01392 382299. Emergencies In the event of the fire alarm sounding leave the building immediately by the nearest available exit, following the fire exit signs. If doors fail to unlock press the Green break glass next to the door. Do not stop to collect personal belongings, do not use the lifts, do not re-enter the building until told to do so. Mobile Phones Please switch off all mobile phones before entering the Committee Room or Council Chamber If you need a copy of this Agenda and/or a Report in another format (e.g. large print, audio tape, Braille or other languages), please contact the Information Centre on 01392 380101 or email to: [email protected] or write to the Democratic and Scrutiny Secretariat at County Hall, Exeter, EX2 4QD.

Induction loop system available NOTES FOR VISITORS All visitors to County Hall, including visitors to the Committee Suite and the Coaver Club conference and meeting rooms are requested to report to Main Reception on arrival. If visitors have any specific requirements or needs they should contact County Hall reception on 01392 382504 beforehand. Further information about how to get here can be found at: https://new.devon.gov.uk/help/visiting-county-hall/. Please note that visitor car parking on campus is limited and space cannot be guaranteed. Where possible, we encourage visitors to travel to County Hall by other means.

SatNav – Postcode EX2 4QD

Walking and Cycling Facilities County Hall is a pleasant twenty minute walk from Exeter City Centre. Exeter is also one of six National Cycle demonstration towns and has an excellent network of dedicated cycle routes – a map can be found at: https://new.devon.gov.uk/travel/cycle/. Cycle stands are outside County Hall Main Reception and Lucombe House

Access to County Hall and Public Transport Links Bus Services K, J, T and S operate from the High Street to County Hall (Topsham Road). To return to the High Street use Services K, J, T and R. Local Services to and from Dawlish, Teignmouth, Newton Abbot, Exmouth, Plymouth and Torbay all stop in Barrack Road which is a 5 minute walk from County Hall. Park and Ride Services operate from Sowton, Marsh Barton and Honiton Road with bus services direct to the High Street.

The nearest mainline railway stations are Exeter Central (5 minutes from the High Street) and St David’s and St Thomas’s both of which have regular bus services to the High Street. Bus Service H (which runs from St David’s Station to the High Street) continues and stops in Wonford Road (at the top of Matford Lane shown on the map) a 2/3 minute walk from County Hall, en route to the RD&E Hospital (approximately a 10 minutes walk from County Hall, through Gras Lawn on Barrack Road).

Car Sharing Carsharing allows people to benefit from the convenience of the car, whilst alleviating the associated problems of congestion and pollution. For more information see: https://liftshare.com/uk/community/devon.

Car Parking and Security There is a pay and display car park, exclusively for the use of visitors, entered via Topsham Road. Current charges are: Up to 30 minutes – free; 1 hour - £1.10; 2 hours - £2.20; 4 hours - £4.40; 8 hours - £7. Please note that County Hall reception staff are not able to provide change for the parking meters.

As indicated above, parking cannot be guaranteed and visitors should allow themselves enough time to find alternative parking if necessary. Public car parking can be found at the Cathedral Quay or Magdalen Road Car Parks (approx. 20 minutes walk). There are two disabled parking bays within the visitor car park. Additional disabled parking bays are available in the staff car park. These can be accessed via the intercom at the entrance barrier to the staff car park.

NB A J Denotes bus stops

Fire/Emergency Instructions In the event of a fire or other emergency please note the following instructions. If you discover a fire, immediately inform the nearest member of staff and/or operate the nearest fire alarm. On hearing a fire alarm leave the building by the nearest available exit. The County Hall Stewardesses will help direct you. Do not stop to collect personal belongings and do not use the lifts. Assemble either on the cobbled car parking area adjacent to the administrative buildings or in the car park behind Bellair, as shown on the site map above. Please remain at the assembly point until you receive further instructions. Do not re-enter the building without being told to do so.

First Aid Contact Main Reception (extension 2504) for a trained first aider. Agenda Item 4

PTE/17/50

Development Management Committee 6 September 2017

County Matter: Waste Torridge District: Variation of condition 1 of planning permission reference DCC/3910/2016 to allow the permanent retention of the green waste composting operation at Deep Moor Landfill Site, Road from Belle View Cross to High Bullen, High Bullen Applicant: DWML Holdings Limited Application No: 1/0584/2017/CPZ Date application received by Devon County Council: 6 June 2017

Report of the Head of Planning, Transportation and Environment

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that planning permission is granted subject to conditions set out in Appendix II to this Report (with any subsequent changes to the conditions being agreed in consultation with the chair and Local Member).

1. Summary

1.1 This Report relates to a planning application for the permanent retention of a green waste composting facility at the Deep Moor Waste facility.

1.2 The main material considerations in the determination of this application are the impacts of allowing the facility to remain on site following the cessation of landfill activities and to this extent the application is considered against planning policy; visual impacts; impacts on residential amenity (air quality and noise); and traffic and transportation impacts.

1.3 The planning application, representations received and consultation responses are available to view on the Council website under reference DCC/3995/2017 or by clicking on the following link: https://planning.devon.gov.uk/PlanDisp.aspx?AppNo=DCC/3998/2017

2. The Proposal/Background

2.1 The Deep Moor waste management facility is situated close to High Bullen near Great Torrington and is accessed from the B3233 Barnstaple to Great Torrington Road. The Deep Moor site co-locates a number of waste facilities including a civic amenity site, non-hazardous and hazardous landfill, and a materials recovery and waste transfer building.

2.2 This application site is located within the Deep Moor facility immediately to the south of the existing Material Recycling Facility (MRF) building and to the west of the existing In-Vessel Composting building.

2.3 Planning permission for the provision of the green waste composting facility was granted using officer delegated powers in March 2017 (ref DCC/3910/2016). This permission allowed for the relocation of an existing green waste composting facility at

Page 1 Agenda Item 4

Deep Moor and involved the construction of a concrete pad to be used for the shredding and composting of garden waste and a separate pad for the composting of leaf sweepings and other green waste materials. Each of the pads measures 2,400m2 and the application documentation provided for an annual operational throughput 12,000 tonnes. The majority of the green waste (10,000 tonnes) comes from Household Waste and Recycling Centres [HWRCs] in North Devon and Torridge (one of which is at Deep Moor and has the benefit of a permanent consent) with a smaller amount (2,000 tonnes) arising from commercial operations.

2.4 Condition 1 of the planning permission granted planning permission for a temporary period until December 2025 with the reason for this being for the authority to review the suitability of the composting operation as a permanent facility following the completion of the landfill operations at the site. This application seeks to vary condition 1 to allow for the permanent use of the site.

3. Consultation Responses

3.1 Torrridge District Council: No objections.

3.2 St Giles in the Wood Parish Council: Object on the grounds of the long term impact of traffic on residents who live next to the highway and traffic generated on unsuitable rural roads.

3.3 Great Torrington Town Council: Object on the grounds that the removal of the condition would hamper control in the future and it considers that the traffic generated cannot be accommodated on rural road.

3.4 Environment Agency: No objection.

3.5 DCC Flood Risk: No objection.

3.6 Natural England: No objection.

3.7 Historic England: No comments to make on the application.

4. Advertisement/Representations

4.1 The application was advertised in accordance with the statutory publicity arrangements by means of a site notice, notice in the press and notification of neighbours by letter. As a result of these procedures five objections were received: The objections are on the grounds of:

• No rationale is given for the assertion that traffic levels are likely to decrease. • Continued impact of traffic. • Current management practices at the site are not fit for purpose. • Deep Moor is not well located to centres of population and an alternative site such as Brynsworthy would be better located to deal with northern Devon’s green waste. • Consideration of the application is premature pending the consideration of the planning appeal into the refusal by DCC for the provision of a waste transfer station and extension to the life of the landfill. • There is likely to be an increase in the numbers of deliveries from individuals following the introduction of green waste collection charges.

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• It is important that the Council maintain the ability to control waste operations in terms of the life of such facilities.

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 insofar as they are material to the application, and to any other material considerations. Section 38 (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 indicate otherwise. In this case, the Development Plan policies are summarised in Appendix I to this report and the most relevant are referred to in more detail below.

6. Comments/Issues

6.1 The material considerations in the determination of this application are considered below.

Waste Local Plan

6.2 While the planning permission of the composting operation is currently tied to the life of the adjacent landfill facility, it is recognised that the need for the composting operation is likely to extend beyond the 2025 expiry date of the landfill permission, and that a permanent permission is warranted. It is also highlighted that local authority contracts for the management of the green waste do not closely relate to the 2025 limitation for the current composting planning permission. The main policy issue for consideration is whether Deep Moor is a suitable location for a permanent facility, or whether better alternatives exist.

6.3 The planning application for the Deep Moor composting operation indicates that its annual throughput is up to 12,000 tonnes and this is substantially less than the 40,000 tonnes threshold for strategic waste management facilities defined in the Devon Waste Plan. As a non-strategic facility, Policy W3 of the Waste Plan requires that it be located at Exeter, Barnstaple, Newton Abbot “or within or close to Devon’s other towns”. In addition, Policy W3 has regard to the merits of “co-location with other waste management facilities and the potential cumulative effects of doing so”.

6.4 Policy W5 provides for composting and other recycling facilities including where they are “located at or close to the source of the waste or opportunities for its beneficial use” and/or “co-located with a complementary waste management operation”.

6.5 Taking account of the above considerations, it is considered that the proposed permanent facility is acceptable and consistent with Policies W3 and W5.

6.6 While a site at or close to Barnstaple or Bideford could be regarded as being more accessible to the majority of households in northern Devon, the HWRCs at these locations do not have the necessary space to accommodate a composting operation. It is therefore considered that there are presently no alternatives to Deep Moor for this facility. It has been suggested by objectors that this operation would be better located at the proposed Waste Transfer facility at Brynsworthy but no provision for this exists in the approved plans for that site.

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Noise

6.7 Noise form the composting operation may arise from the associated activities which include the shredding and screening of green waste, turning of the windrows and deliveries of green waste and export of compost. The nearest residential property from the site is over 500m away and the site is physically screened by buildings and there are bunds close to site. Taking this into account (and that there is currently no noise impact from the operation on local properties) the granting of a permanent consent would not result in additional noise issues.

Visual Impact/Landscape

6.8 The green waste composting operation is located to the south of the landfill close to two existing buildings which for most part will screen the site from nearby views. Following the completion of the landfilling operations (by 2025) it is required that the landfill is restored and in terms of visual impact this is the baseline to judge whether it is acceptable for the green waste composting operations to continue on a permanent basis. In this case the green waste composting operations are currently not visible in the wider landscape and the restoration plans for the restored landfill will enhance screening and therefore in landscape terms there is no objection to the permanent use of the site.

Traffic and Transportation Issues

6.9 The green waste composting operations have taken place at Deep Moor for a number of years and the level of traffic generated by this operation does not have a severe impact on the highway network. In the longer term Local Authority Collected Waste will not be disposed of at Deep Moor and consequently the overall level of traffic will fall. There is therefore considered to be no highways objection to the proposal to make the use of the site permanent.

Other Matters

6.10 Planning conditions attached to the previous consent included hours of operation; vehicles being fitted with effective silencers; limit of 4 metre height for the windrows and stockpiles; no selling of compost to the public or delivery of green waste by the public; drainage arrangements and vehicles fitted with ‘white noise’ alarms. In the event that this application is approved the planning conditions would form part of the new consent.

6.11 Members will note that the composting operations are subject of an environmental permit issued and administered by the Environment Agency. The permit contains requirements with regard to control of emissions and monitoring including odour, noise and vibration. In coming to a decision on this application members should assume that the pollution control regime will work effectively.

6.12 The objection relating to the prematurity of making a decision in advance of the forthcoming planning appeal is noted, but the appeal mostly relates to the provision of a waste transfer station elsewhere on the site and the decision on this will not impact on the operation of the green waste composting at Deep Moor.

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7. Reasons for Recommendation/Alternatives Options Considered

7.1 The Committee has the option of approving, deferring or refusing this planning application.

7.2 Whilst the concerns of the Parish Council, Town Council and members of the public are noted it is considered that there is no policy or other planning reasons that indicate that a permanent consent should not be granted in this case. It is therefore considered that it is appropriate to grant planning permission in accordance with the recommendation of this Report.

Dave Black Head of Planning, Transportation and Environment

Electoral Division: Torrington Rural

Local Government Act 1972: List of Background Papers

Contact for enquiries: Andy Bowman

Room No: AB2, Lucombe House, County Hall

Tel No: 01392 383000

Background Paper Date File Ref. Casework File Current DCC/3998/2017

ab160817dma sc/cr/variation condition permanent retention green waste deep moor landfill site high bullen 04 240817

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Location Plan

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Site Plan

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Appendix I To PTE/17/50

Planning Policy Considerations

Devon Waste Plan 2011-2031 (Adopted 2014)

W2: Sustainable Waste Management W3: Spatial Strategy W5: Reuse, Recycling and Materials Recovery W11: Biodiversity and Geodiversity W12: Landscape and Visual Impact W14: Sustainable and Quality Design W17: Transportation and Access W18: Quality of Life

North Devon and Torridge Local Plan (Publication Draft March 2015)

DM02: Environmental Protection

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Appendix II To PTE/17/50

Schedule of Conditions

Torridge District Council Application No. 1/0584/2017/CPZ Devon County Council Ref. DCC/3998/2017

1. The development shall be carried out in strict accordance with the details shown on the approved drawings and documents numbered WD/N(16)/725(1)c, WD/ND(16)725d.CE-DM1178-dw01a except as varied by the conditions below.

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

2. No operation of machinery or deliveries in connection with the composting operation shall take place other than between 06.30 and 18.00 on Mondays to Saturdays.

REASON: To protect the living conditions of nearby residents in accordance with policy W18 of the Devon Waste Local Plan.

3. The site shall be operated in accordance with an approved Noise Mitigation and Management Scheme which shall be submitted to the Waste Planning Authority within three months of the date of this permission. The scheme shall be reviewed on a biannually basis or when additional plant is installed or any change in process occurs. A copy of any revised scheme produced shall be submitted to the Waste Planning Authority for approval within 14 days of being completed.

REASON: To minimise the effect on the living conditions of local residents in accordance with policy W18 of the Devon Waste Plan.

4. Windrows and stockpiles of green waste shall not exceed 4 metres in height.

REASON: To protect the character and appearance of the local landscape in accordance with policy W12 of the Devon Waste Local Plan.

5. There shall be no selling of composted materials to the public from the site and no delivery by the public of green waste to the site.

REASON: To prevent additional vehicle movements to the site.

6. All contaminated surface water and/or other liquids leaching from the composting area shall be collected by a contained drainage and storage system, constructed in accordance with the approved scheme ref WD/N(16)725((1) A. No collected liquid shall be discharged to the groundwater, surface water, ditch or drain.

REASON: To minimise the risk of polluting water sources and aquifers.

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7. No vehicle or mobile plant used (other than visiting road lorries) shall be operated within the permission area unless they have been fitted with and use "white noise" alarms.

REASON: In the interest of protecting the local environment and community from adverse impact of noise generated at the site.

8. No lighting shall be used on the site without the express permission of the Waste Planning Authority.

REASON: To protect the living conditions of nearby residents in accordance with policy W18 of the Devon Waste Plan and to reduce the impact of the operations on the local landscape.

9. In the event that the development hereby granted ceases for a period in excess of twelve months, all buildings and structures including concrete pads shall be removed from the site and the site restored to agriculture.

REASON: To ensure that in the event of cessation of use all structures, building and concrete pads be removed.

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PTE/17/51

Development Management Committee 6 September 2017

County Matter: Waste Torridge District: The permanent use of a building for the operation of a Waste Recovery Yard and Waste Transfer Station, an extension to the Recovery Yard and provision of landscape screening bunds at Deep Moor Landfill Site, Road from Belle View Cross to High Bullen, High Bullen Applicant: DWML Holdings Limited Application No: 1/0592/2017/CPZ Date application received by Devon County Council: 15 June 2017

Report of the Head of Planning, Transportation and Environment

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that planning permission is granted subject to the conditions set out in Appendix II to this Report (with any subsequent changes to the conditions being agreed in consultation with the chair and Local Member).

1. Summary

1.1 This Report relates to a planning application for permanent permission for the existing Materials Recovery and Waste Transfer Building at Deep Moor together with associated engineering and landscaping operations.

1.2 It is considered that the main material considerations in the determination of the proposed development are the impacts of the building on the landscape; impacts on residential amenity as a result of the continued use of the building; traffic and transportation issues; and consideration against planning policy.

2. The Background/Proposal

2.1 The Deep Moor waste management facility is situated close to High Bullen near Great Torrington and is accessed from the B3233 Barnstaple to Great Torrington Road.

2.2 The main element of the Deep Moor waste management facility is the non-hazardous and hazardous waste landfill which has been in operation for over 40 years. However, there are a number of ancillary and complimentary waste management operations including a civic amenities site and a green waste recycling facility and integral to the operations is the Materials Recovery and Waste Transfer Building. In terms of quantities of waste it is understood that the Deep Moor facility presently deals with around 80,000 tonnes per annum (tpa) which consists of around 60,000 tonnes of household arising from the North Devon and Torridge areas and 20,000 tonnes of industrial and commercial waste.

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2.3 At the meeting on 25 January 2017 Development Management Committee Members considered Report PTE/17/8 for the construction and operation of a Resource Recovery Centre (comprising of a permanent new waste transfer station building; provision of a solar farm and extension of the life of the landfill, green waste composting facility and recycling facility until December 2030). Members resolved to grant planning permission for the solar farm element of this proposal whilst resolving to refuse planning permission for all of the other elements (minute *39 refers). The refusal is subject of an appeal to the Planning Inspectorate and a public inquiry is scheduled to begin in October 2017.

2.4 Following the refusal of planning permission a further application was submitted by the applicant company for an extension to the life of the landfill (February 2017). At the meeting on 5 April 2017 Development Management Committee Members, following a site visit, considered Report PTE/17/21 and resolved to grant planning permission for the extension to the life of the landfill and its associated facilities until December 2025 (minute *51 refers). Condition 8 of this planning permission requires the removal of access roads, buildings and other site facilities following the cessation of the landfill activities. This includes the Materials Recovery Yard and Waste Transfer Building the subject of the current planning application.

2.5 The planning application subject of this Report is to retain the existing Materials Recovery Yard and Waste Transfer Building on a permanent basis and includes an extension to the existing Recovery Yard and the provision of raised and new screening bunds.

2.6 The building and yard are located to the south of the landfill area. The building is a large steel framed and steel clad building with dimensions of 55 metres in length, 12 metres in width and 7.5 metres to eaves and has a very shallow pitched roof. The building is open on its southern side (onto the Recovery Yard) and divided into bays into which delivery vehicles tip their loads for sorting and transfer. The configuration of the bays varies according to the types of waste being received. A trommel and sorting cabin are located in the eastern bay and extend south over Materials Recovery Yard. The Materials Recovery Yard is 32m by 45m and the application proposes to extend the length of the Yard by 10m.

2.7 Immediately to the south of the Recovery Yard is another existing area of hardstanding which is used for green waste composting. The area to the north of the Waste Transfer Building is used for the stockpiling of soils (mainly used in ongoing restoration of the landfill) and recycled aggregates and this area is within the application site. The application proposes a screening bund to the west of the building and to the west of the aggregate/soil storage area. This bund would be up to 7m high and its western face planted with trees. The bund on the eastern side is already in place and its northern part would be raised and planted with trees.

3. Consultation Responses

3.1 Torridge District Council: No objection.

3.2 St Giles in the Wood Parish Council: Object on the grounds of continued impact on residents of the Parish of traffic going to and from the site.

3.3 Great Torrington Town Council: Object on the ground of ongoing impact of traffic and consider that the programmed closure of the site in 2025 should be adhered to.

3.4 Environment Agency: No objection. Page 12 Agenda Item 5

3.5 Natural England: No objection. In terms of biodiversity Natural England recommends discussions with the applicant to ensure no long term overall net loss of biodiversity of the wider site and welcomes the proposal to plant the landscape bund and suggests there are opportunities to use native wildflower seed mixes.

4. Advertisement/Representations

4.1 The application was advertised in accordance with the statutory publicity arrangements by means of a site notice, notice in the press and notification of neighbours by letter. As a result of these procedures, 18 on line representations/emails/letters of objection (24 signatories) have been received together with 13 in support.

4.2 The letters of support come predominantly from local businesses that use the site and wish to retain the facility in the local area. The supporters consider that:

• There is a need for a facility in northern Devon to deal with commercial waste. • There are no feasible alternative sites. • The site is well located to cater for the needs of northern Devon. • Without the site businesses would suffer. • Costs of shipping material out of the county would be prohibitive. • The site is well run.

4.3 The issues raised by the objectors relate to:

• The decision on the application is premature pending the outcome of the planning appeal; • Continued operations at the site will result on ongoing impacts on the amenity of the area, particularly in terms of odour, noise, air quality, dust, litter and vermin; • The proposal will result in the continued use of the B3232 which is narrow and will lead to conditions of danger and traffic congestion; • The operations will result in further damage to the highway network; • The continued use of the site by HGVs will result in a deterioration of air quality along the traffic route; • The location of the site is such that that there is no safe and convenient access to the major road network; • An alternative facility has been recently granted planning permission at Brynsworthy so there is no need for this development; • There are and have been multiple applications at this site which demonstrates that the operator has no intention of stopping landfill operations in 2025 and this will result in ongoing impacts on the quality of people’s lives.

5. Planning Policy Considerations

5.1 In considering this application the County Council, as Waste Planning Authority, is required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38 (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 indicate otherwise. In this case, the Development Plan policies are summarised in Appendix I to this report and the most relevant are referred to in more detail in Section 6 below.

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6. Comments/Issues

6.1 The material considerations in the determination of this application are considered below.

Waste Policy issues

6.2 The Council has recognised that the use of the existing waste verification/recovery facility includes a significant element of transfer and does not preclude local authority collected waste [LACW] being managed instead of or alongside commercial and industrial waste [CIW]. On that basis, the key policy issue for consideration is the implication of permanent retention of the recovery and transfer facility beyond the life of the landfill site.

6.3 The facility that is the subject of this application differs from the waste transfer station for which permission was refused in February 2017 in two key aspects:

(a) the new waste transfer building would have been solely for the reception and bulking up of residual LACW for onward transportation for energy recovery elsewhere, while the existing facility enables sorting of residual waste for recovery of recyclable materials as well as waste transfer; and (b) the new transfer facility would have had a maximum annual throughput of 60,000 tonnes (diverted from the adjacent landfill site) in addition to the permitted capacity for the existing recovery facility of 75,000 tonnes, but the current proposal seeks to maintain this facility’s existing capacity, with the implication that any increase in LACW would displace CIW currently managed at the facility.

6.4 The residual LACW that is currently landfilled is expected to be diverted to energy recovery outside the northern Devon area in the near future through a new contract to be let by the County Council in its role as waste disposal authority. It is understood that the contract is currently out to tender and has a requirement that the transfer station is to be provided at Brynsworthy. In the event that Deep Moor is not used as a transfer site for the residual LACW, then it is assumed that the facility will continue to manage CIW from the large catchment identified in the application.

6.5 Northern Devon has around ten other waste management facilities that provide varying degrees of waste transfer, sorting and materials recovery, but these generally do not provide the capacity or manage the range of wastes that Deep Moor does. Some sites only manage specific waste streams such as construction and demolition waste or LACW, while others are of a much smaller scale of less than 5,000 tonnes annually.

6.6 The Devon Waste Plan includes Objective 6 which seeks to locate waste management facilities close to the major sources of waste or opportunities for its beneficial use, and this objective is implemented through a number of policies including the following:

Policy W3: Spatial Strategy primarily applies to new waste management facilities, but does require that, for all facilities, “regard will be had to the merits of…co-location with other waste management facilities and the potential cumulative effects of doing so”.

Policy W5: Reuse, Recycling and Materials Recovery seeks to “maintain sufficient capacity”, and provides criteria for considering proposals for additional facilities.

Policy W17: Transportation and Access seeks “to minimise the distance that waste is transported”.

Page 14 Agenda Item 5

6.7 Given that the application is seeking the retention of an existing facility beyond the life of its current temporary permission, it is consistent with Policies W3 and W5 that seek to apply criteria to new facilities. As the applicant points out in its planning statement, the facility is co-located with a household waste recycling centre that benefits from a permanent consent, while a separate application is seeking a permanent permission for the green waste composting operation. Policy W3 does include reference to the cumulative effects of co-locating waste management facilities, but it is considered that the closure of the landfill facility and in-vessel composting operation provided for by their current planning permissions in 2025 will significantly reduce the potential for cumulative adverse effects on the local community and environment.

6.8 It is unlikely that the Deep Moor will continue to deal with LACW following the construction of the planned Brynsworthy transfer station. However, Deep Moor would continue to deal with CIW from a wide catchment area (currently extending to Tiverton, Okehampton and Launceston) and in this context is considered to be in accordance with Policy W17.

6.9 While the recovery/transfer facility was originally provided to enable pre-treatment of the CIW being landfilled, it will maintain an important role after closure of the landfill site in 2025 in the sorting and transfer of waste from northern Devon for management by recycling, energy recovery and landfill outside the sub-region.

6.10 Given the above considerations, it is concluded that retention of the recovery/transfer facility on a permanent basis beyond the life of the landfill site is consistent with the relevant policies of the Devon Waste Plan in terms of the location of such facilities.

Scale and Massing of Buildings in the Landscape

6.11 The planning permission for the current landfill facility requires that it closes and is restored by the end of 2025 with the removal of all buildings on the site including the building the subject of this application.

6.12 Permanent retention of the recovery/transfer building and associated plant and hardstanding has the potential to reduce the landscape benefits of the landfill restoration, but the applicant is proposing the provision of planted screening bunds to reduce the visibility of the facility. Policy W12 requires that the design of the facility should be “sympathetic to the qualities, distinctive character and setting of the landscape”.

6.13 The proposal includes the raising of the existing landscaping bunds to better integrate the existing building into the landscape. These have been erected in advance of consideration of the proposal and have the effect of reducing the visual impact of the existing building. This will be further enhanced when these are seeded and planted as proposed in the Landscape plan.

The submission of the application prior to the public inquiry into the previous refusal by this authority

6.14 Representations have been made by local residents over the timing of this application and that for the permanent retention of the composting operations on the site given the forthcoming public inquiry (October 2017) into the previous partial refusal at this site for a new WTS and extension of time for completion of the site until 2035.

6.15 They consider that any decision on this application would be premature given that the planning inspector has yet to consider the evidence submitted by them and on behalf of the Waste Planning Authority. Page 15 Agenda Item 5

6.16 The committee has the option to defer consideration of this proposal until such time as the decision of the Public Inquiry has been heard so as not to prejudge the result of the Inquiry. However, the primary focus of the Inquiry will be on the new waste transfer station proposed in the north east of the site, which was the only element of the proposals referred to in the reasons for refusal, rather than the retention of the building that is the subject of this report. The Council is obliged to determine this current application on its merits, and it is considered that to do so will not prejudice consideration of the appeal proposals by the Inspector.

On-going environmental impact of the proposal.

6.17 Concerns have been received in relation to the perceived ongoing impact of the development in particularly on the residents of the hamlet at Peagham Barton. Although the site is not in direct line of site of the hamlet, residents are concerned at the impact of the proposed development in relation to noise and lighting from the operation of the plant. These aspects can be controlled in part by the imposition of conditions relating to the hours of work at the building, control of lighting and noise from machinery and plant.

6.18 The planning system controls the development and use of land in the public interest. This includes consideration of the impacts on the local environment and amenity taking into account the criteria set out in Appendix B to National planning policy for waste.

6.19 There exist a number of issues which are covered by other regulatory regimes and waste planning authorities should assume that these regimes will operate effectively. The focus of the planning system should be on whether the development itself is an acceptable use of the land and the impacts of those uses, rather than any control processes, health and safety issues or emissions themselves where these are subject to approval under other regimes. However, before granting planning permission they will need to be satisfied that these issues can or will be adequately addressed by taking the advice from the relevant regulatory body.

6.20 The day to day operation of the site is controlled by the environmental permit issued by the Environment Agency; this covers issues such as odour, noise and general site operations. It is noted that the Environment Agency has no objection to the application.

6.21 The role of the environmental permit, regulated by the Environment Agency, is to provide the required level of protection for the environment from the operation of a waste facility. The permit will aim to prevent pollution through the use of measures to prohibit or limit the release of substances to the environment to the lowest practicable level. It also ensures that ambient air and water quality meet standards that guard against impacts to the environment and human health.

Traffic and Transportation Issues

6.22 Deep Moor is located close to Great Torrington accessed from the B3232 via a minor road leading directly to the site. The planning application is accompanied by a Transport Statement and it is considered that this accurately reflects the situation with regard to traffic numbers.

Page 16 Agenda Item 5

6.23 Planning permission for the landfill lasts until 2025 and up to that period HGV traffic will remain at existing levels, but following the opening of Brynsworthy (programmed for April 2019) will no longer deal with LACW so there will be a 60,000 tonne reduction in waste going to the site. Following the closure of the landfill the site would be used only for commercial waste transfer (subject to this permission being granted) and this would lead to a significant reduction in HGV traffic going to Deep Moor.

7. Reasons for Recommendation/Alternatives Options Considered

7.1 The Committee has the option of approving, deferring or refusing this planning application.

7.2 The application is considered to be in accordance with the policies of the Devon Waste Plan and the proposal will not result in additional or new impacts on the area. The objectors’ concerns regarding the negative impacts of the operations are noted as are the concerns that if planning permission are granted such impacts may continue longer than currently allowed for. However, the Waste Transfer Building is subject of an Environmental Permit which controls pollution emissions such as odour and noise and the necessary regulatory powers are available to the Environment Agency. National guidance advises that in determining planning applications waste planning authorities should work on the assumption that the relevant pollution control regime will be properly applied and enforced.

7.3 Taking all material considerations into account it is considered appropriate that planning permission is granted in accordance with the recommendation to this Report.

Dave Black Head of Planning, Transportation and Environment

Electoral Division: Torrington Rural

Local Government Act 1972: List of Background Papers

Contact for enquiries: Andy Bowman

Room No: AB2, Lucombe House, County Hall

Tel No: 01392 383000

Background Paper Date File Ref.

Casework file Current 1/0592/2017/CPZ

ab150817dma sc/cr/waste recovery yard WTS Deep Moor Landfill Belle View Cross to High Bullen 04 250817

Page 17 Agenda Item 5

Location Plan

Page 18 Agenda Item 5

Site Plan

Page 19 Agenda Item 5

Appendix I To PTE/17/51

Planning Policy Considerations

Devon Waste Plan 2011-2031 (Adopted 2014)

National Planning Policy Framework

Page 20 Agenda Item 5

Appendix II To PTE/17/51

Schedule of Conditions

Torridge District Council Application No. 1/0592/2017/CPZ Devon County Council Ref. DCC/3995/2017

STRICT ACCORDANCE WITH PLANS

1. The development shall be carried out in strict accordance with the details shown on the approved drawings and documents numbered WD/N(16)/753A, WD/N(16)747D, WD/N(16)543, GEL Figure 1, WD/N(16)744A(3), WD/N(16)744A(1), WD/N(16)744A(2) and Landscape Appraisal CE-DM1178-DW01 except as varied by the conditions below.

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

2. Within three months of the date of this permission a Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the County Planning Authority. The LEMP shall include:

a) Method statements for planting methods, maintenance and management where required, along with a timetable/schedule; b) An annotated map(s) illustrating the measures to mitigate/enhance ecology and landscape on the site.

The development shall be implemented in accordance with the approved LEMP. All planting and landscaping shall be implemented in the first planting and seeding season following the grant of this permission. All Planting and landscaping shall be maintained for a minimum of 5 years following implementation of the LEMP.

REASON: To ensure that protected species/habitats and the local landscape are conserved and enhanced in accordance with policy W11 of the Devon Waste Plan.

DRAINAGE

3. Within three months of the date of this permission a sustainable drainage scheme has been submitted to and approved in writing by the County Planning Authority. Unless it is demonstrated that it is unfeasible to do so, the scheme shall use appropriate Sustainable Urban Drainage Systems. The drainage scheme shall be designed so that there is no increase in the rate of surface water runoff from the site resulting from the development and so that storm water flows are attenuated. The development shall be carried out in accordance with the approved scheme.

REASON: To protect water quality and minimise flood risk in accordance with policy W19 of the Devon Waste Plan.

4. The landscaping scheme shown on the Landscape Appraisal CE-DM1178-DW01 shall be carried out in the first planting and seeding seasons following the date of this permission. The approved scheme shall be maintained for a period of five years. Any trees, plants or grassed areas, or replacement of it, that is removed, uprooted,

Page 21 Agenda Item 5

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 policy W12 of the Devon Waste Plan

FLOODLIGHTING

5. The floodlighting at the site including that already existing shall be designed, located, installed and operated in such a way that the lateral and upwards light overspill is minimised. No light fitting shall be located or installed so that its light source is in the direct line of sight from any window of any residential property within 500 metres of the base of a lighting column.

REASON: To protect the amenity of local residents in accordance with policy W18 of the Devon Waste Local Plan.

6. Any exterior lighting shall only be used between 07.00 and 18.00 on Mondays to Fridays, between 07.00 and 18.00 on Saturdays and between 07.00 and 13.00 on Sundays and Public Holidays.

REASON: To protect the living conditions of nearby residents in accordance with policy W18 of the Devon Waste Plan and to reduce the impact of the operations on the local landscape.

HOURS OF USE

7. The site shall only be used between 0630 and 18.30 on Mondays to Saturdays, between 0900 and 15.30 on Sundays and Public Holidays solely for the receipt of waste arising from the operation of civic amenity and recycling centres.

REASON: To protect the living conditions of nearby residents in accordance with policy W 18 of the Devon Waste Plan

8. No loading, unloading, deposit, storage, treatment, processing, sorting or other handling of waste shall take place at the site outside of the designated waste transfer building and Materials Recovery yard as shown on plan reference 2017-A1.

a. The current stockpile area indicated on plan reference 2017-A1 Ga to the north of the Waste Transfer building shall only be used for the stockpiling of soils and aggregate. No processing of this material for recovery purposes may take place unless separately authorised by the Waste Planning Authority. b. Any baled or other waste placed on the Materials recovery yard shall not exceed 4m.

REASON: To minimise the visual impact of the development in accordance with policy W18 and W12 of the Devon Waste Plan.

DUST SUPPRESSION

9. Within three months of the date of this permission a scheme to suppress/minimise and monitor dust arising for the operation of the site shall be submitted to and approved in writing by the Waste Planning Authority.

Page 22 Agenda Item 5

The scheme shall include details of:

a) The suppression of dust caused by moving/processing and storage of soil/overburden/stone or other materials. b) Dust suppression measures on haul roads, including speed limits. c) The provision of dust collection and storage facilities. d) Location of dust monitoring points, monitoring procedures and frequency. e) Maximum airborne dust levels and procedures if actual levels exceed them. f) Monitoring and review of the scheme.

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

REASON: To minimise pollution arising from the development in accordance with policy W18 of the Devon Waste Plan.

10. Dust from the development shall be managed in accordance with the approved Dust Management Scheme at all times.

REASON: To minimise pollution arising from the development in accordance with policy W18 of the Devon Waste Plan.

11. No topsoil, subsoil or soil making material shall be exported from the site until such time that the required soils have either:

a) been placed in the restoration of the adjoining landfill site or b) stockpiles which have been surveyed for quantities, location and it has been demonstrated to the WPA that they are adequate to complete the restoration scheme approved for planning permission DCC3956/2017.

REASON: To ensure adequate and suitable material is available to reinstate the adjoining landfill site.

12. The site shall be operated in accordance with an approved Noise Mitigation and Management Scheme which shall be submitted to the Waste Planning Authority within three months of the date of this permission. The scheme shall be reviewed on a biannually basis or when additional plant is installed or any change in process occurs. A copy of any revised scheme produced shall be submitted to the Waste Planning Authority for approval within 14 days of being completed.

REASON: To minimise the effect on the living conditions of local residents in accordance with policy W18 of the Devon Waste Plan.

13. In the event that the development hereby granted ceases for a period in excess of twelve months, all buildings and structures including concrete pads shall be removed from the site and the site restored to agriculture.

REASON: To ensure that in the event of cessation of use all structures, building and concrete pads be removed given the sites location in open countryside.

Page 23

Agenda Item 6

PTE/17/52

Development Management Committee 6 September 2017

County Council Development North Devon District: Retention of a Temporary Classroom for a further 5 Years, land at Ilfracombe Infant and Nursery School, Marlborough Road, Ilfracombe Applicant: Devon County Council Application No: 63270/PD/AD/JW Date application received by Devon County Council: 13 June 2017

Report of the Head of Planning, Transportation and Environment

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that permission be granted for a further temporary five year period.

1. Summary

1.1 This report relates to a planning application for the retention of a temporary classroom located at Ilfracombe Infant and Nursery School for a further 5 years.

1.2 It is considered that the main planning considerations in the determination of this application are the condition of the building, its visual impact and the educational need for its retention.

1.3 The planning application, representations received and consultation responses are available to view on the Council website under reference DCC/4000/2017 or by clicking on the following link: https://planning.devon.gov.uk/PlanDisp.aspx?AppNo=DCC/4000/2017.

2. The Proposal/Background

2.1 The Infant and Nursery School is located to the south of Ilfracombe’s town centre and is accessed off of Marlborough Road. The temporary classroom is situated on the northern boundary of the site, immediately east of the main school building. There are residential properties located along the eastern boundary of the site and to the north of Marlborough Road.

2.2 The temporary building was installed at the school in 1981 and was previously used as a family centre and is now divided into two classrooms and used by the school for music, drama, ICT lessons and for afterschool clubs. This application looks to retain the classroom for further five years. It is 151sq/m in area and is single storey with a low pitched roof with white uPvc windows. The external materials are a grey render with a timber cladding trim around the base of the building.

3. Consultation Responses

3.1 Ilfracombe Town Council: recommend refusal considering that the building is not fit for purpose and in the event that permission is granted the number of years for the approval should be reduced.

Page 25 Agenda Item 6

3.2 North Devon District Council: no objection.

In its response the Council considered that the continued use of the temporary classroom is detrimental to both the staff and pupils unless clear plans exist for its replacement with replacement being at the earliest opportunity. It says that the District Council Ward Member is of the view that a period of 2 years should be given to source a permanent arrangement. However, it notes that the modular building on the site represents an appropriate design of building which is well related to the school complex with a clear need for the retention of the building and therefore no objection is raised.

4. Advertisement/Representations

4.1 The application was advertised in accordance with the statutory publicity arrangements by means of a site notice and notification of neighbours by letter. As a result of these procedures no representations were received from any residents.

5. Planning Policy Considerations

6. Comments/Issues

6.1 The main material considerations in the determination of the application are considered below.

Condition of the Building

6.2 In its consultation response Ilfracombe Town Council consider that the building is not fit for purpose.

6.3 Temporary classrooms are often utilised in Devon’s primary schools and generally provide appropriate teaching spaces. The conditions of temporary classrooms are assessed every five years and a schedule of necessary improvements is produced by the Council to ensure the building is adequately maintained. The Condition Report (which was carried out in 2015) submitted with this application sets out the repairs and maintenance scheduled for the building which includes repairs to the roof and gutters along with the replacement of timber skirting and these maintenance works are programmed to be carried out during 2017.

6.4 The evidence submitted with the planning application in the form of the Condition Report does not support the Town Council’s contention that the building is not fit for purpose. The Ward Member’s suggestion that temporary planning permission be granted for a two year period is noted but the Condition Report suggests that the building is in reasonable condition. However, given the age of the building it is recognised that its remaining useable life is limited and it is considered that an appropriate temporary consent period is 5 years.

Page 26 Agenda Item 6

Visual Impact

6.5 The building is a single storey low pitched roofed block, light grey in colour and in terms of its scale and mass fits in reasonable well with the permanent school buildings. Existing trees at the back of the building provides for a good screen for the neighbouring residential property. It is considered that the design of the building and its layout is in accordance with Policy DVS1 (Design Principles and Aspect of Development Form) of the North Devon Local Plan (Adopted July 2006) and Policy DM04 (Design Principles) of the North Devon and Torridge Local Plan (March 2015).

Need

6.6 Policy ST22 of the emerging North Devon and Torridge Local Plan states that development of community facilities that meet the need of local communities will be supported, with paragraph 72 of the NPPF adding that it is of great importance to ensure schools meet the needs of existing communities. The classroom is required by the school to deliver music, drama and ICT lessons, as well as the afterschool club. It is considered a necessity to serve and accommodate the children and provide them with adequate facilities and the full curriculum. Overall, it is considered the classroom meets the need of the local communities and its retention would therefore be in accordance with the above policies.

6.7 Following the objection from the Town Council the school’s head teacher clarified the need for the temporary classroom saying that: ‘Both of these areas are vital to enable us to provide a broad and balanced curriculum. Because we have this facility we are able to deliver whole class instrumental tuition……. We could not provide these opportunities for the children if we didn’t have the space to set up the thirty instruments and leave them in place ready for the next class to be taught. Without this space, our children’s high quality musical opportunities would be limited.’

6.8 Taking the above into account it is considered that there is a demonstrable need for the retention of the classroom block.

7. Reasons for Recommendation/Alternatives Options Considered

7.1 The Committee has the option of approving, deferring or refusing this planning application.

7.2 It is considered that the proposal is consistent with local and national planning policy guidance. The classroom is considered necessary to deliver the full education curriculum and with the planned maintenance it is considered appropriate that temporary five year permission is granted

Dave Black Head of Planning, Transportation and Environment

Electoral Division: Ilfracombe

Page 27 Agenda Item 6

Local Government Act 1972: List of Background Papers

Contact for enquiries: Rowan Hodgson

Room No: AB2, Lucombe House, County Hall

Tel No: 01392 383000

Background Paper Date File Ref. Casework File Current DCC/4000/2017

rh110917dma sc/cr/retention temp classroom ilfracombe infant and nursery school marlborough road ilfracombe 03 250817

Page 28 Location Plan Page 29 Page Agenda Item 6 Agenda Item 6

Site Plan Page 30 Page

Agenda Item 6

Appendix I To PTE/17/52

Planning Policy Considerations

National Planning Policy Framework (March 2012)

Planning Practice Guidance

North Devon and Torridge Local Plan (2011-2031): Policies ST22 (Community Services and Facilities), DM04 (Design Principles)

North Devon Local Plan (Adopted July 2006): Policies STY03 (Local Centres), DVS01 (Design), DVS03 (Amenity Considerations), COM04 (Community Facilities)

Page 31 Agenda Item 6

Appendix II To PTE/17/52

Planning Conditions

1. The classroom shall be removed and the land restored to its former condition within 5 years of the date of this consent.

REASON: To ensure planning control over development of a temporary nature.

Page 32 Agenda Item 7

PTE/17/53

Development Management Committee 6 September 2017

County Council Development Torridge District: Construction of a Trail on former railway at land between the former Hole Station and the C494 near Chilla, Highampton Applicant: Devon County Council Application No: 1/0623/2016/CPZ Date application received by Devon County Council: 22 June 2016

Report of the Head of Planning, Transportation and Environment

Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect.

Recommendation: It is recommended that members note the content of this Report and endorse the course of action taken by the Head of Planning Transportation and Environment.

1. Summary

1.1 This Report relates to the proceedings of the of the committee site visit in respect of the above planning application.

2. The Proposal/Background

2.1 At the 12 July 2017 Development Management Committee it was resolved that prior to the consideration of the planning application Members carry out a site visit (Minute *15 refers).

3. The Site Visit

3.1 The site visit took place on the morning of 3 August 2017. The committee members attending the visit were Councillors Brook, Sanders, Hosking and Slade and they were accompanied by officers from Planning, Transportation and Environment.

3.2 Members visited Hole Station campsite (eastern part of the application site) and viewed the linear area of land (owned by DCC) where the trail would be constructed should permission be granted. The concerns of the owners of the campsite with regard to potential impact on their business were explained to members, particularly in relation to the proposed trail bisecting the campsite. Members had the benefit of viewing the application drawings and noted the proposal to fence the trail and the provision of a crossing in order to allow the users of the campsite to access both areas.

3.3 Members then examined the point where the existing trail meets the unclassified road and where it would cross the lane going into the area occupied by the campsite. The existing route of the trail was explained to Members – whereby from the junction of the existing trail it followed the private track, travelling north to the A3072. Users of the trail could then cross the road to go to Black Torrington or turn left onto the A3072 for 400 metres before reaching the C class road then traveling west on the minor road network.

Page 33 Agenda Item 7

3.4 It was explained to Members that the campsite operator had suggested an alternative to that proposed and that it would be helpful for them to look at the alternative suggested by the campsite owners as well as other potential alternatives. The alternatives looked at are shown on the plan below:

3.5 It was explained to Members that a previous meeting had taken place at the site between Councillor Brook, who was accompanied by Mr Deaton (Planning Development Manager), and the owners of the campsite (Mr and Mrs Brown) and the owners of Field C (Mr and Mrs Bowden). Following this meeting Mr Deaton had commissioned a review of the options and had further visited the site with Mr North (DCC Engineer) and met again with Mr and Mrs Brown and Mr and Mrs Bowden. Mr North subsequently reviewed the schemes.

3.6 At the previous meetings the Browns and the Bowdens had agreed in principle the use of their respective areas of land for the construction of a cycleway (described as the Green route on the above plan) as an alternative to that proposed in the application (described as the Red route on the above plan).

3.7 At the Development Management Committee visit the Members walked along the lane (unclassified county highway) and along the farm track (at the northern edge of fields A and B) and viewed the proposed alternative route where it would travel along the boundary of field C. Members and officers returned to their vehicles and travelled to the junction of the A3072 and the C class road near Beara Court. From here members viewed the planning application route from the point where it leaves the campsite and where it runs along the route of the former railway across farmland.

3.8 From this point members also viewed the campsite owners suggested alternative route where it ran around field C. Members also viewed and considered the suitability of using the C class road should the alternative option be pursued (leading towards Halwill Junction where it would join the Ruby Way).

Page 34 Agenda Item 7

3.9 Following a discussion on the impacts of the application proposal and the merits and disadvantages of the suggested alternative proposal the Head of Service considered that it would be appropriate that determination of the planning application be deferred in order to further explore the suggested alternative proposal.

Dave Black Head of Planning, Transportation and Environment

Electoral Division: Holsworthy Rural

Local Government Act 1972: List of Background Papers

Contact for enquiries: Mike Deaton

Room No: AB2, Lucombe House, County Hall

Tel No: 01392 383000

Background Paper Date File Ref. Casework File June 2016 onwards DCC/3881/2016 1/0623/2016/CPZ

md230817dma sc/cr/construction of trail former railway hole station C494 chilla highampton 03 250817

Page 35

Agenda Item 8

PTE/17/54

Development Management Committee 6 September 2017

County Council Development West Devon Borough: Construction of a Trail at land north of the C491 Friars Hele to Petrockstowe Lane, Friars Hele Cross, Meeth, Okehampton Applicant: Devon County Council Application No: 1831/17/DCC Date application received by Devon County Council: 3 October 2016

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:

A. Permission is granted subject to the conditions set out in Appendix II to this Report (with any subsequent changes to the conditions being agreed in consultation with the Chair and Local Member); and B. Further consideration is given to the improvement works proposed for the C491 taking into account the potential urbanising impact of the scheme and the impact of vehicular traffic whilst retaining the requirement to provide safe access for trail users.

1. Summary

1.1 This Report relates to a planning application for the construction of a section of an off road multi-use trail as an extension to the Tarka Trail forming the northern part of a link between Meeth and Hatherliegh.

1.2 It is considered that the main material planning considerations in the determination of this application are impact on landscape; highway safety issues; impact on the amenity of nearby residents; impact on nature conservation interests; flooding issues; and impact on the local economy (both positive and negative).

2. The Proposal/Background

2.1 This application is one of two proposals to provide an off-road multi-use trail linking the Tarka Trail to Hatherleigh. The section subject of this Report runs in a north to south direction from the former Meeth Quarry Nature Reserve (where it joins the Tarka Trail) to the C491 Road near to Friar’s Hele Cross. The area is currently open agricultural land.

2.2 Running from north to south, the first part of the trail would be within the Meeth Ball Clay Works and Tarka Trail County Wildlife Site. In this section the trail would follow the line of an existing footpath for a distance of about 200m, then cutting through an existing hedge and crossing into the next field running south alongside the field boundary. After this point the gradient of the land steepens and the track would move from the field boundary and wind up the slope in a series of bends before again running along the field Page 37 Agenda Item 8

boundary and then exiting onto the C491 county highway. The trail would be 3m wide and its total length is around 1km. A short length of private footpath would join the trail near the point where it accesses the C491 running west for about 100m to a point where it joins an existing field gate.

2.3 The trail would be fenced on its western (field) side for its entire length and would drainage would be provided, also on the field side. The southern part of the trail would mostly be built on a small embankment which acts together with the winding section to allow gradients to be kept to around 1 in 15. The winding section runs close to an existing wooded area (located to the east) and within this section three new areas of planting are proposed.

2.4 Works to the C491 would be carried in connection with the two applications. These consist of build-outs into the carriageway at the points where the proposed trails join the road and the hardening of the verge on the southern side of the carriage between the two trails. These works would be carried out using the Highway Authority permitted development rights and a specific planning permission is not sought for these works.

2.5 At the 12 July 2017 Development Management Committee members resolved to carry out a site visit prior to the determination of the application. The site visit took place on 3 August 2017 and was attended by Councillors Brook, Sanders, Hosking and Slade who were accompanied by officers. At the site visit officers, with the aid of the application drawings, explained the scheme pointing out the application site, the position of the trail, noting the gradient and assessing the visual impact. The proposals for the traffic calming measures on the C491 were examined and Members were told of the concerns raised by local residents in respect of this aspect of the development.

3. Consultation Responses

3.1 West Devon Borough Council: Consulted on 23 September 2017, no response received.

3.2 Meeth Parish Council: objects. The Parish Council’s objection is on the basis of the two applications for the trail as it considers that the original route through the village and along the line of the old rail track is preferable. In particular it considers that the alternative route better supports the rural economy; is partly owned by DCC; has better gradients; and does not take rural land. The Parish also considers that there has been an inadequate local consultation on the proposal.

3.3 Petrockstowe Parish Council: objects on the grounds of the detrimental impact of the proposed traffic calming measures which it considers will be detrimental to parishioners and local business users. It says that the road connects the village to other communities and it feels that the proposed crossing is on a stretch of road with limited visibility.

3.4 Devon Wildlife Trust: No response received.

3.5 Natural England: No comments on the proposal.

3.6 Devon Countryside Access Forum: Supports the application on the grounds that the route would provide additional and improved recreational opportunities for locals and visitors.

Page 38 Agenda Item 8

4. Advertisement/Representations

4.1 The application was advertised in accordance with the statutory publicity arrangements by means of a site notice, notice in the press and notification of neighbours by letter. As a result of these procedures 17 representations were received. Of these 10 objected to the proposal while 7 supported it or made comments upon it.

4.2 The objections to the scheme are on the grounds of:

• The cost of the scheme. • The impact upon trade of the Bull and Dragon Public House in Meeth. • The route should use the former railway line rather than the route proposed. • The works on the C491 would urbanise the rural area. • The works to the C491 would adversely impact on farm traffic. • The proposal would impact on drainage and cause additional flooding. • Loss of trees and vegetation.

4.3 The letters of support comment on:

• Potential economic benefit of the scheme. • Preference for this scheme over the use of the old railway in terms of less impact on farming activities. • Route will remove the need to cycle on the A386 and thereby improved road safety for cyclists.

4.4 The owner of the Bull and Dragon has also written in support of the application subject to an undertaking by the Council to maintain the spur to Meeth and to install a sign detailing the services on offer in Meeth.

5. Planning Policy Considerations

6. Comments/Issues

6.1 The material planning considerations for the determination of the application are discussed below.

Nature Conservation Impacts

6.2 Impacts on habitats are likely to occur during the construction of the trail as this involves the removal of a small section of hedgerow as the route cuts through a hedge and loss of an area of unimproved grassland at the northern section of the site, which is within the Meeth Ball Clay Works and Tarka Trail County Wildlife Site (CWS). It is noted that the existing Tarka Trail runs through the CWS for a distance of 2.5km and additional impact on the CWS by extending the trail will be minor. When balanced against the public benefits of the scheme the development is considered to be acceptable in nature conservation terms. However, in order to mitigate the impacts both on the CWS and in the areas of semi-improved grassland outside of the CWS, it is considered appropriate Page 39 Agenda Item 8

that a planning condition is imposed requiring the submission and approval of a Landscape and Ecological Mitigation Plan (LEMP). This will require details of protection of the CWS and ensure appropriate planting both in the CWS and for the reminder of the route.

Landscape and Visual Impacts

6.3 The path would run across open agricultural land but would be integrated into the landscape by following existing field boundaries where possible. The scheme proposes new planting in the winding section and this would help integrate this section into the landscape. It is considered that the scheme could be accommodated in the landscape without harming the rural character of the area. The LEMP, which would be required by planning condition, would ensure the appropriate species, amount of planting and its maintenance in order that the trail is successfully assimilated into the landscape.

Impact on Local Economy

6.4 Presently the Tarka Trail ends at Meeth at a point approximately 150m to the south of the centre of the village. Access to the village from here is along the A386 and whilst this in the 30mph zone there are no footways along the road. Notwithstanding this it is understood that trade at the local public house benefits from the presence of the Tarka Trail. Whilst there have been objections on the impact on the local economy in Meeth the owner of the public house is supportive of the scheme subject to assurances that the spur to Meeth would remain open and appropriately maintained. The applicant has confirmed that the spur would remain and that it is considered appropriate that a sign is provided.

6.5 In terms of the wider economy benefit it is considered that the extension of the Tarka Trail to Hatherleigh would bring new and additional economic benefits to the area as the use of the trail is likely to increase.

Flooding

6.6 Drainage from the trail will be directed into new ditches and culverts where current drainage systems are crossed. Where no formal drainage is provided swales or filter drains should be provided on the downslope sections of the trail to ensure runoff does not increase over current conditions. In order to ensure that appropriate drainage for the trail is provided it is considered that a planning condition be imposed requiring drainage design and it provision to ensure that surface water is dealt with in a sustainable manner.

Highway Issues

6.7 The trail would exit on to the C491 which is part of the rural road network and provides one of two links between Petrockstowe and the A386. The road is lightly trafficked and it typical of the rural road network being narrow with verges and hedges on either side. At the point where the track exits on the C491 a small build out is proposed which will allow users to safely cross the road and onto a proposed hardened verge on the opposite side of the road which would lead to the next proposed section of the trail. It is noted that these works do not form part of the planning application as they would be carried out under the Highway Authority’s permitted development rights. It is also noted that the proposed off site works might be amended due to concerns about these works being over-designed and consequently having an impact on vehicle users of the road and resulting in urbanisation of the area. However any changes would be subject to subject to a rigorous road safety audit and it is appropriate that in any change of design priority is given to the safety of the trail users.

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Impact on amenity of nearby residents

6.8 Concerns have been raised by nearby residents about the impact of the trail, particularly the visual impact on the area due to the urbanising affects of road works on the C491. These concerns are noted and the recommendation to this Report requests that further consideration is given to the design of these works. Notwithstanding this it is considered that the impact of the off-site road works as proposed would be of such significance when balanced against the benefits of the scheme that planning permission should be refused.

Planning Policy Considerations

6.9 The provision of the leisure trails such as the Tarka Trail is supported by local planning policy. Policy T1 of the West Devon Borough Council Local Plan Review (as amended by the adopted April 2011 Core Strategy) specifically relates to provision of a network of cycle and pedestrian routes. In terms of emerging policy DEV3 of the Plymouth and South West Devon Joint Local Plan 2014-2034 (Submission version 2017) relates to sport and recreation and looks to support opportunities for active leisure by creating new public rights of way.

6.10 The National Planning Policy Framework also provides support for the proposal in paragraph 28 (supporting sustainable rural tourism) and paragraph 75 (adding links to existing rights of way networks).

Other matters

6.11 In the representations reference is made to an alternative route using the former railway line. Whilst this route potentially offers advantages, particularly with slacker gradients, it has not been possible to acquire the land. The application route is a good alternative as it is more direct for most users, provides for a good user experience in terms of views to Dartmoor and avoids crossing the A386. The limitation of the route in terms of the gradient on part of the route is mitigated with an appropriate engineering solution.

7. Reasons for Recommendation/Alternatives Options Considered

7.1 The Committee has the option of approving, deferring or refusing this planning application.

7.2 Whilst only a relatively short stretch of trail, this development will deliver another part of the Tarka Trail between Meeth and Hatherleigh and as such is supported in policy terms. Any impacts of the proposal can be appropriately mitigated and taking all material considerations into account it is considered that planning permission be granted in accordance with the recommendation to the Report.

Dave Black Head of Planning, Transportation and Environment

Electoral Division: Hatherleigh & Chagford

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Local Government Act 1972: List of Background Papers

Contact for enquiries: Andy Bowman

Room No: AB2, Lucombe House, County Hall

Tel No: 01392 383000

Background Paper Date File Ref. Casework File From October 2016 DCC/3904/2016

ab280817dma sc/cr/trail land north of C491 Friars Hele to Petrockstowe Lane Meeth 03 250817

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Location Plan

Page 43 Agenda Item 8

Site Plan

Page 44 Agenda Item 8

Appendix I To PTE/17/54

Planning Policy Considerations

West Devon Local Plan (as amended by the adopted April 2011 Core Strategy)

Policy T1 (Provision of cycleways)

Plymouth and South West Devon Joint Local Plan 2014-2034 (Submission version 2017)

Policy DEV3 (Provision of new public rights of way)

National Planning Policy Framework

Paragraphs 28 (supporting sustainable tourism) and 75 (adding links to existing rights of way networks)

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Appendix II To PTE/17/54

Planning Conditions

Schedule of Conditions - West Devon Borough Council Application No. 1831/17/DCC Devon County Council Ref. DCC/3904/2016

1. The development shall commence within five 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. The development shall be carried out in strict accordance with the details shown on the approved drawings and documents numbered T14003/10 and T14003/11 except as varied by the conditions below.

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

3. No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. The design of this permanent surface water drainage management system will be in accordance with the principles of sustainable drainage systems.

REASON: To ensure that surface water runoff from the development is managed in accordance with the principles of sustainable drainage systems.

4. No development shall take place until a Landscape and Ecological Management Plan (LEMP) has been submitted and approved in writing by the County Planning Authority. The LEMP shall include:

• Aims and objectives of the Management Plan for the completion of the development of the trail and subsequent 5 year aftercare. • A plan showing management compartments for each habitat or landscape type. • Methods for the protection of the adjacent County Wildlife Site. • Methods for the protection of vegetation not scheduled for removal. • Description and evaluation of features including any new planting. • Any constraints on site that may influence management. • Any specific management measures aimed at enhancing habitat quality or specific species. • Detailed prescriptions for management actions including mitigation, enhancement, vegetation removal and vegetation replacement.

The development shall be implemented in accordance with the approved LEMP. All landscaping shall be completed by the end of the first planting season following the completion of the construction works.

REASON: To ensure that protected species/habitats/local landscape are conserved and enhanced. Page 46 Agenda Item 10 PTE/17/55

Development Management Committee 6 September 2017

Delegated Schedule – 6 September 2017 - Summary

District/Location/Application Proposal Electoral Division Action Taken Number

Mid Devon District Council Application for Hazardous Willand & Uffculme Withdrawn After Substances Consent Validation Westleigh Quarry, Westleigh, Tiverton, EX16 7JB

DCC/3599/2013

East Devon District Council Application for determination of Axminster Conditional Approval conditions under a first periodic Uplyme Quarry, Shapwick review Grange, Uplyme, Devon

DCC/3644/2014

South Hams District Council Proposed expansion - waste Bickleigh & Wembury Withdrawn Before recycling facility for Wood Yew Validation Lower Challonsleigh Farm, Waste Smithaleigh

DCC/3906/2016

North Devon District Council Land raising with top soil and sub soil Barnstaple North Conditional Approval arising from the adjoining field Land at OS GR 255923 / (consented for 42 dwellings) - 134794 Westaway Reach, Retrospective Westaway Plain, Pilton

DCC/3946/2017

North Devon District Council Proposed erection of new perimeter Chulmleigh & Landkey Conditional Approval security fencing to existing staff car S W M Recycling, Gratton Way, park serving existing recycling facility Roundswell, EX31 3NL

DCC/3978/2017

Mid Devon District Council Erection and operation of a leachate Willand & Uffculme Conditional Approval evaporation plant for a trial period of Broadpath Landfill Site, Road two years From Down Farm Cross to Hillhead Quarry, Burlescombe, EX15 3EP DCC/3989/2017 Page 47 Agenda Item 10 Delegated Schedule – 6 September 2017- Summary

District/Location/Application Proposal Electoral Division Action Taken Number

North Devon District Council Installation of two new portacabin South Molton Conditional Approval buildings for additional office space Brayford Quarry, Brayford, and improved welfare facilities Barnstaple, EX32 7QD

DCC/3990/2017

Torridge District Council Construction of a single storey early Bideford West & Hartland Conditional Approval years building and covered soft play West Croft School, Coronation area Road, Bideford, EX39 3DE

DCC/3991/2017

Exeter City Council Proposed ultra violet disinfection Wearside & Topsham Conditional Approval motor control centre building Countess Wear Waste Water Treatment Works, Bridge Road, Exeter, EX2 7AA

DCC/3992/2017

Exeter City Council Construction of a single storey early Heavitree & Whipton Barton Conditional Approval years building and covered soft play Whipton Barton Infants and area Nursery School, Hill Lane, Exeter, EX1 3JP

DCC/3996/2017

East Devon District Council Proposed extension to facilitate the Broadclyst Conditional Approval Foundation Stage Unit group and Clyst St Mary Primary School, provide toilets and washing facilities Road From Clyst St Mary Bridge for all primary age children to Sidmouth Road, Clyst St Mary, EX5 1BG DCC/3999/2017

West Devon Borough Council Installation of 2.4m high green mesh Tavistock Conditional Approval weld fence for approximately 172m Tavistock College, Crowndale within the college grounds Road, Tavistock, PL19 8DD

DCC/4001/2017

Page 48 Agenda Item 10 Delegated Schedule – 6 September 2017 - Summary

District/Location/Application Proposal Electoral Division Action Taken Number

Exeter City Council Construction of an access road for Pinhoe & Mincinglake Conditional Approval new primary school at Monkerton, Off western arm of Cumberland Exeter Way/Tithebarn Lane roundabout, Cumberland Way, Exeter DCC/4004/2017

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