Officer Report

PLANNING APPLICATION REPORT

Case Officer: Nicola Glanville Ward: North Tawton

Ward Member: Cllr N Morgan

Application No: 00365/2014

Agent/Applicant: Mr A Dowding Westcountry Rivers Trust Rain-Charm House Kyl Cober Parc Stoke Climsland Callington Cornwall PL17 8PH

Site Address: The Barton, North Tawton, Devon, EX20 2BB

Development: Works to reduce weir and associated works including removal of trees.

Reason item is being put before Committee: Cllr Nick Morgan: ‘I wish to take the above application to committee on the grounds that the alterations as proposed will alter the river levels so causing the levels in the leat to drop which would mean any proposal that came forward as part of the Wool Mill development for Hydro generation would not be able to take place.’

Recommendation: Conditional consent

Conditions: 1. Standard time limit 2. Strict compliance with the drawings numbered FE/264/6 and FE264/1. 3. All ecological measures shall be carried out in accordance with the details contained in Section 8 of the Ecological Appraisal (and as reflected in the 'Conservation and Biodiversity' section of 'North Tawton Weir Fish Easement' ref: CRF TRIP TAW 2) as already submitted with the planning application. Any changes to the ecological measures as a result of the pre-commencement protected species shall be immediately communicated to the LPA. 4. Prior to commencement full details of the proposed tree planting of 10 native whips (1.8-2.1m size), including species selection, location and planting methodology shall be submitted to and agreed in writing by the LPA. The trees shall be retained, protected and replaced as necessary thereafter. 5. Prior to commencement full details of a tree protection plan shall be submitted to and agreed by the LPA. 6. Prior to commencement details of a formalised stock drinking point shall be created away from the weir to encourage stock not to access the bare earth bank shall be submitted to and agreed by the LPA. This stock drinking point shall be created outside of the Root Protection Areas of river bank trees. 7. Prior to commencement full details of the proposed protective fencing shall be submitted to and approved by the LPA.

Additional Conditions (Updated): 8. The Weir face shall be repaired using traditional methods, details of which shall be submitted to and agreed by the LPA prior to commencement. 9. Any original weir masonry shall be retained on/adjacent to the site for possible future re-use.

Key issues for consideration: In assessing this proposal the key issues for consideration are the landscape impact of the proposal through the loss of trees; the ecological impact on wildlife through the loss of trees and proposed works to the weir; the historical impact through alterations to an archaeological/historic feature; the effect on a Public Footpath (The Tarka Trail) alongside the river and the future impact of the development on the Woollen Mill Development Brief proposals and future of the Woollen Mill leat.

Site Description: The site is located on the River Taw at OS Grid Reference 658 007 adjacent to the rear of The Barton, North Tawton. The site consists of a river weir and old leat to the Woollen Mill. (The leat does not form part of the proposal). The river is situated in a river gully at this point and the river banks are lined with trees. Beyond the western river bank is a flat, flood plain, which is used as pasture land. Land to the east of the river is at a higher level.

The site is not within a Conservation Area and is not Listed. A Public footpath (The Tarka Trail) follows the western river bank next to the site. There are no TPO trees within the site.

The Proposal: The proposal involves works to the weir which involve reducing the height of the weir crest by 1m to better enable the migration of fish upstream. Historically the weir has caused impounding water and a physical barrier in the water course for migrating fish. The project is being conducted in partnership with the Environment Agency to improve Water Framework Directive status in line with national targets.

In order to carry out the works a Fish Easement (rather than a Fish Pass) has been proposed. This involves bisecting the river longitudinally using 1 tonne gravel bags and an impermeable membrane and draining a linear section of the river whilst works are carried out. The river will still continue to flow uninterrupted, except for the section where works are to be carried out. No redirection of the river will be necessary.

The proposal also proposes the removal of some trees along the river bank to enable machinery and plant to access the river. Three trees will definitely be removed, with the possibility of 2 further removals if necessary. Ten 1.8-2.1m native whips will be planted in mitigation.

The weir does appear on historic mapping and is identified as an archaeological feature. There is also an Ancient Monument site on the eastern bank, but this will be unaffected by the works, as access to the site is to be gained from an existing track and field to the west of the site.

Consultations:

County Highways Authority – No comment

Environmental Health Section – No comment

North Tawton Town Council – Object on the following grounds: (i) The supporting Ecological report submitted with this application proposed that a fish pass should be installed on the weir, but the application is to reduce the height of the weir. (ii) WDBC’s North Tawton Woollen Mill Development Brief states ‘the existing leat is an important element of the site and must be retained and enhanced as part of any development proposal.’ Update: It is the intension that the water turbine at the woollen mill is put back into use so the flow of water in the leat needs to be maintained.

Concern was also raised regarding the effect that the reduction in height of the weir on North Tawton’s flood Defence scheme.

At the site inspection it was pointed out that there is an existing fish ladder on the western side of the river, and it was suggested that perhaps this fish ladder could be improved. It was also pointed out that in the past there were removable boards in the centre of the weir, and perhaps this would be a better solution than reducing the height of the whole of the weir.

Landscape Officer – 1. Landscape Setting of Proposal The application is to partially remove North Tawton weir located on the River Taw north of The Barton. The river at this point is edged with trees of varying age and the site directly adjoins The Tarka Trail with the first leg of the proposed site access route also following a public footpath running north from Higher Newland. The route of these two footpaths very much adds to the visibility of the works and the importance of a sensitive methodology, the site area is however limited. 2. Proposed loss of trees Page 15 of the document North Tawton Weir Fish Easement dated 17th February 2014, states that 3 trees are scheduled for removal with the possibility of 2 more. The documentation clearly identifies those trees to be removed and demonstrates that there are a number of trees to be retained in close proximity to those removed suggesting that the canopy loss will be quickly filled. As mitigation for this loss the applicant plans to plant 10 native whips (1.8-2.1m size). This is a reasonable proposal but please condition that further details are provided for our written approval; this should cover species selection, location and planting methodology. Appendix 4 on the above document ‘General Arrangement’ drawing states that retained existing trees will be protected, please condition the detail of the tree protection planned. 3. Stock Drinking Point The Method Statement from J Saunders Building Contractor states that a formalised stock drinking point will be created away from the weir to encourage stock not to access the bare earth bank; please request that this point is outside of the Root Protection Areas of river bank trees.

Please also condition details of the proposed fencing. No overriding landscape or tree concerns subject to detail as outlined above. Conservation Officer (Update): The works to the weir involve lowering the existing weir crest by 1 metre and inserting a 1.0m x 0.3m deep low flow notch in the centre of the finished weir surface. The weir is in a poor state of repair but is an important undesignated heritage asset that forms part of the industrial river works that served the leat and Woollen Mill down-stream. The impact of the proposed works will, however, be ‘less than substantial’ in NPPF terms and could be reversed in future if necessary.

There is no objection to the works to the weir providing that the weir face is repaired using traditional methods and a scheme giving details of these works/repairs is submitted for prior approval.

The leat does not form part of this application and has not flowed for some years. The leat is currently fed by run-off water from surrounding land and there is no EA licence to discharge from the river. The works to the weir do not propose to remove the existing heritage asset completely and its historic significance will remain in evidence. The works proposed will not change the leat or negate its use in the future.

As the weir will be repaired, albeit in an altered form, the industrial heritage of the site will still be evident and visible so the proposal is considered acceptable.

Recommended Conditions: The Weir face shall be repaired using traditional methods, details of which shall be submitted to and agreed by the LPA prior to commencement.

Countryside Officer – The Ecological Appraisal noted the following main points with regards to protected species and habitat: - The trees proposed for removal had no potential for bat roost sites, however use of river as bat commuting/foraging feature is assumed. - There were no signs of otter in the nearby surrounding area. While the terrestrial areas neighbouring the weir offered little opportunity for otters, their use of the river is assumed as part of their foraging area. - There were no signs of badger were recorded within the survey area, although the desk study indicates that they are likely to present in the general area. - There was suitable habitat for nesting birds within the survey area. - Fish would be likely to be present in the area to be affected by works. The works will be undertaken in daylight hours only, avoiding artificial lighting which could impact on times when these protected species are predominantly active. The ecologist has detailed other mitigation measures to avoid/minimise impact on protected species and habitats, including a pre-commencement protected species check by an ecologist, electrofishing and adhering to PPG5. Subject to adherence to the mitigation detailed within the Ecology Appraisal and reflected in the Design and Access Statement, it is reasonable to conclude that the proposed

25 development will cause minor temporary disturbance to riparian habitats. It is considered that the mitigation will minimise any impact on protected species, and that any offence (as defined by the Habitats Regulations) is unlikely.

The proposal seems well considered, and the aim of facilitating fish migration is a positive measure.

Should you be minded to approve the application, I would suggest the following condition:

- All ecological measures shall be carried out in accordance with the details contained in Section 8 of the Ecological Appraisal (and as reflected in the 'Conservation and Biodiversity' section of 'North Tawton Weir Fish Easement' ref: CRF TRIP TAW 2) as already submitted with the planning application. Any changes to the ecological measures as a result of the pre-commencement protected species should be immediately communicated to the LPA.

Drainage Engineer- The River Taw is main river and so falls under the jurisdiction of the Environment Agency. The leat is fed from this and feeds into it down stream. The EA have confirmed that they do not believe that these works will cause any increase in flood risk downstream.

Based on the information supplied and the assurances provided by the EA and the West Country Rivers Trust, I have no objections to these proposals. Environment Agency – We are in agreement with West Country Rivers Trust that according to the information supplied and our knowledge of the site flood risk will be the same or reduced due to the weir being removed.

Update: We raise no objections to this planning application. We advise that the proposed works to the North Tawton Weir require regulation in accordance with the Water Resources Act 1991, consent was granted on the 23rd April 2014 (consent reference: FDC/D/2014/019). In determining this application we took account of flood risk, water quality and biodiversity interests. We seek to highlight the contribution this scheme would make to achieving objectives of the Water Framework Directive (WFD) and the River Basin Management plan update. This water body is failing WFD standards for fish. We have investigated the reasons for failure, and concluded barriers and impediments to migratory fish are a significant pressure. The North Tawton Weir is a impediment, the proposed works to ease fish passage will contribute greatly to delivering WFD compliance. County Archaeologist – (Update) The Devon County Historic Environment Team does not object to the proposed modification of the weir, but would recommend that original masonry is retained on/adjacent to the site for possible future re-use. The Devon County Historic Environment Record records the weir (Monument MDV103153), but only from 19th and early 20th century mapping evidence rather than more recent survey. The mill leat (see below) is recorded in its current location on the 1846 Tithe Map, and so the leat may date to the 1845 rebuild of the mill, or to its 18th century origins.

The mill leat (MDV64522) was considered by Exeter Archaeology in 2001 (Archaeological Assessment of North Tawton Flood Defence Scheme) to be of regional importance. North Tawton Woollen Mill (MDV17541) is considered (Exeter Archaeology 2001) to be of regional importance. One of the warehouses (MDV79810) is nationally Listed as a Building of Architectural an Historic Importance (Grade 2). The mill opened in the 1750’s, had a substantial rebuild in the mid-19th century and operated until 1930. The weir is therefore associated with historic features/buildings of regional importance and therefore has a level of significance due to this association. However, I do not have any evidence to suggest that the weir structure itself stands out as being of particular architectural or archaeological merit. It is of mid to late 18th century or 19th century date, with no evidence that I am aware of for any earlier 17th century or medieval predecessors in this location. Although water flow in part the mill leat was recorded in 2001, I understand that there is currently no flow in the leat adjacent to the weir and that the proposed works will not directly affect the leat. The proposal will not involve the total removal of the weir, and if structural components can be retained for future reuse I cannot object to the proposal given the biodiversity/water quality benefits that lowering the crest will bring. I have also been assured by Mr. Dowding of WRT that earlier (Prehistoric and Roman) archaeological features adjacent to the Taw in this area will not be affected by access works: The access to North Tawton is proposed from the West avoiding any heritage designation….. If (and we don’t think) access is necessary to the East bank then we can go through the existing hard-standing yard in the designated area to access the weir outside of the ancient monument curtilage.

Comment from the applicant Westcountry Rivers Trust - ‘My planning application contains a section on flood risk, incorporating flow data. The application has been approved by the Environment Agency and Flood Defence Consent granted (FDC/D/2014/019) which you can find attached for your convenience.

I have not felt it necessary to submit any further information because the flood risk associated with this project is negligible. The process in determining the flood risk being of little or no consequence is as follows: The Woollen Mill and Mill Lane are at greatest flood risk from increased flows in the leat system. The leat will be left disused (as it currently is) with a lower river water level behind the leat entrance. A lower river level upstream will require a greater flow in the main river to flood the leat, therefore the flood risk is actually reduced in the leat system. The leat system rejoins the main river upstream of the road bridge, therefore the cumulative flows of leat + river is restricted by the bridge in terms of conveyance. This is therefore the same before and after our project and of no consequence.’

Update: As the applicant, I have met with North Tawton Town Council twice to discuss my proposal. North Tawton Town Council objects to my proposal primarily because they would like the leat to potentially supply water for hydropower at the North Tawton Old Woollen Mill. There is an existing generator located at the mill that has been dormant for approximately 20 years. There is no abstraction license for the leat or woollen mill. The Woollen Mill is a derelict site with planning permission for accommodation. Following a site meeting with the Town Council it was observed that the weir is in a very poor state of repair. Extensive damage has occurred to the weir in the last 6 months over the high winter flows and in my opinion the structure is now even more of a barrier to fish migration due to a vertical crest face downstream. My aims are in line with the Environment Agency and the nations targets to improve rivers under the Water Framework Directive (WFD). The River Taw is currently failing for fish and phosphate at this location. My project is designed to enhance fish migration and promote fish recovery to Good Ecological Status for WFD. I feel that if the Town Council would like to redevelop the hydropower at this location they will have to rebuild the weir. As such, I suggest that my plans to partially remove the weir will be assisting in a potential rebuild; i.e. conducting the demolition phase before the reconstruction phase. It has been suggested that my project could take a section of weir out, leaving the ability to block the section to the original weir height. If the weir were in a fit state to consider this viable without having to effect major repairs to the weir structure, I would happily consider this option. However, to work on a small section will invariably mean that the instability of the entire weir would need to be addressed at disproportionate expense. I am not willing to repair the weir as there is no evidence that a hydropower project is underway, nor do I think it will prove economically viable when all factors are considered. The speculative hydropower report supplied to me does not necessarily include all associated costs: one of which will be the Environment Agency’s legal obligation to insist on improving fish passage at this location. My remit is to act at a catchment scale for the benefit of the river and I am not going to repair a barrier to fish migration when there are more suitable ecological alternatives. I feel that if alternative power is to prove viable at this location then this profit generating enterprise should be the avenue for such activity. I am willing to leave two metres width of upstream-facing weir wall on each bank in-situ as a reference point for future rebuild. I will also retain the historic crest stones and leave them in an agreed area for reinstatement in the future if the weir were to be repaired and reinstated. I would also like to address the 2 formal objections received from North Tawton Town Council. Objection 1: Ecology Report recommends a fish pass. Unfortunately the Town Council misunderstands the content of the report. The report pertains to ecological considerations for carrying out work on the site, in order to avoid or minimise any negative impacts from the “construction phase” work and provide enhancement where possible. The report does not recommend a fish pass over a weir removal. From an ecologists perspective a weir removal is the best fish passage solution as it caters for migration of all fish species and has no long term maintenance implications.

Objection 2: WDBC’s North Tawton Woollen Mill Development Brief states “the existing leat is an important element of the site and must be retained and enhanced as part of any development proposal”. As already stated, the leat has no abstraction license from the river. In order to obtain an abstraction license in the future the weir/leat interface would need to be repaired. For the leat retention in accordance with the Mill Development Brief above, the weir reduction will not affect the fabric of the leat. For the enhancement of the leat, maintenance is required and a ‘sweetening flow’ can be maintained by capturing water from the surrounding land (the leat has a land drainage catchment area in excess of c.1km2 (c.250 acres) in its own right). It was pointed out to me that a fish pass had been placed on the West Bank, however, after checking with the river bailiff it appears this is inaccurate information. No fish pass has ever been placed on the weir. A fish easement in the form of a baulk (a concrete oblique sitting on top of the weir) is present and ineffective. A fisheries technical specialist (Greg Armstrong, Environment Agency) assessed the weir and baulk in 2007 and concluded it is a major obstruction to fish migration, gave recommendation for removal, with added benefit of useful improvement to upstream habitat for fish. In summary, the partial removal of the weir does not exclude a rebuild in the future and it may be beneficial to have a controlled removal rather than a collapse. This is part of a national Catchment Restoration Project, technically assessed by the Environment Agency and with the full support of the Environment Agency, helping our country achieve its Water Framework Directive objectives for 2015. Representations – No representations received.

Relevant Planning History – No relevant planning history.

ANALYSIS

Principle of Development/Sustainability: The works to weir which involve reducing the height of the weir crest by 1.2m will better enable the migration of fish upstream. The project is being conducted in partnership with the Environment Agency to improve Water Framework Directive status in line with national targets. The benefits to future health of fish numbers in the river will be improved by this development.

Design/Landscape: An Ecological appraisal has been submitted and the proposal has been well considered as detailed in the Countryside Officer’s comments. There will be minimal disturbance to wildlife and mitigation measures would minimise any impact on protected species, so that any offence (as defined by the Habitats Regulations) is unlikely. The benefits to the river wildlife and future fish numbers outweigh any temporary disturbance caused in carrying out the river works. However, it is considered appropriate to apply the following condition to ensure adherence to the Ecological Appraisal submitted:

 All ecological measures shall be carried out in accordance with the details contained in Section 8 of the Ecological Appraisal (and as reflected in the 'Conservation and Biodiversity' section of 'North Tawton Weir Fish Easement' ref: CRF TRIP TAW 2) as already submitted with the planning application. Any

changes to the ecological measures as a result of the pre-commencement protected species should be immediately communicated to the LPA.

The proposal also involves the removal of three to five trees to allow access to the site. The trees have been identified as poor specimens and mitigation measures are proposed by the planting of replacement whips. The Landscape Officer has no objection to the proposal subject to the submission of further details outlining the following: the proposed tree planting of 10 native whips (1.8-2.1m size), including species selection, location and planting methodology; a tree protection plan; details of a formalised stock drinking point to be created away from the weir to encourage stock not to access the bare earth bank, which shall be created outside of the Root Protection Areas of river bank trees; and, details of the proposed protective fencing.

Neighbour Amenity: Unaffected by the proposal as there are no nearby neighbours and the EA have agreed there will be no increased flood risk.

Highways/Access: Unaffected by the proposal.

Tarka Trail: The footpath will be uninterrupted by the proposal and the site works are to be fenced off from Public access to ensure people’s safety. The Woollen Mill Leat: Concerns have been raised by North Tawton Town Council and the Ward Member as to the effect that the proposal will have on the future of the Woollen Mill Leat. Although the leat does not form part of the application being determined the proposed works to reduce the height of the river could potentially reduce the water level in the river and thereby reduce the flow of water to the leat. The leat forms part of the North Tawton Woollen Mill Development Brief, which included plans for the restoration and enhancement of the Woollen Mill and its surroundings, including the leat. This brief did not include plans for the reuse of existing machinery on site to produce hydro-electricity using the leat. It is important to note that there is currently no scheme for or permission for a hydro electric scheme at the North Tawton Woollen Mill and similarly the recent scheme for its redevelopment, whilst including repair fo the leat and mill pond, did not include any scheme for hydro electric power generation or the re-use of the leat. As such whilst there is an aspiration to incorporate this at some time at present it is only aspirational and speculative. The leat itself has not flowed for many years and the abstraction licence at the weir has been revoked (in 2012). As such the redevelopment was not considered by the Westcountry Rivers Trust as part of this planning application. The Westcountry Rivers Trust attended a meeting on 13th May 2014 with the Town Council to explain the proposal, and will have met on site by the date of the Planning Committee meeting (3rd June) to discuss plans and options to ensure the Town Council’s plans are not rendered obsolete by the Westcountry Rivers Trust’s actions. The Westcountry Rivers Trust wishes to work with the Town Council and has adjusted the design brief to include “the potential for the leat to convey water in the future”. The Westcountry Rivers Trust has suggested the following alternative solutions with the minimum of adjustments to the planning application:

 the leat entrance may be lowered at a later date to accommodate the reduced river level in line with the reduced weir level. This would have to be incorporated into the Woollen Mill redevelopment plan.  The use of alternative sustainable technology may be employed to provide a sweetening flow to the leat, e.g. a ram pump (Papa Pump® or similar) be installed to provide alternative flow without the use of the existing sluice gate.  Any flow existing within the leat that does not originate from the river, may be enhanced from surrounding land drainage. The leat appears to have a direct catchment area in excess of 1km2 (>100 hectares or >250 acres) from the land directly East and this run-off could be channelled to the leat, creating flow.

Due to the revocation of the abstraction licence at North Tawton weir, the Town Council will have to include sustainable options within the redevelopment plan in order to achieve its aims of enhancing the leat. If water abstracted from the river is an option they wish to consider then a new abstraction licence will need to be applied for and this application will have to meet stringent conditions by the Environment Agency which includes ensuring fish migration is catered for and the restriction of creating a depleted reach of main river. Update: Disputing emails between North Tawton Town Council and the applicant have been received relating to the viability of Hydro-Electricity being produced by the leat in the future at the woollen mill and the imminent need for the weir to be repaired and reduced in height. The condition of the weir has degraded and requires urgent attention. As stated by the applicant, ‘I explained to the planning committee that I would ordinarily be happy to work with you and establish a win: win compromise. However, given the advanced degradation of the weir, I would be putting my organisation at considerable risk to even consider trying to work with what is left of the weir structure and this is therefore not an option. In my opinion, if nothing is done to the weir it will not survive another winter. In the event that the decision is in favour of my proposal and permission granted I would like to establish that my reasoning is sound and that my option to continue with the weir removal is not detrimental to your scheme; given the circumstances. I would therefore like to keep an open dialogue.

In order to consolidate my reasoning; please may I ask 2 questions of you?

1. Please can you prove to me that hydropower is economically viable at this site? Councillor Blood shared a 2012 study which suggests an annual income from hydroelectricity of c.£8.5k. The assumption in the report is that you will have a certain flow all year round (I disagree). There does not seem to be any economic assessment of viability in terms of Start-up, Archimedes installation, weir repair, leat maintenance, screening, etc. For example, if the weir repair and fish pass alone costs c.£150k, then it will take at least 18 years (18yr x £8,500 p.a. income) of continuous flow to pay back this one necessary asset. We have investigated the possibility of hydropower on much larger river sites and found them to be uneconomical. I may be missing something, so please feel free to enlighten me.

2. Please can you also provide good reason why I shouldn’t reduce the weir height, given the disrepair of the weir. So far I have had alternative suggestions to keep the weir in situ, but no reason not to reduce it: even if it is considered a temporary

reduction. The more I think about it, the more I can’t see why it makes any difference to your project. I would therefore like good reason why this course of action is unacceptable. It does not prevent you from rebuilding for hydropower if it is viable. It does not prevent a sweetening flow in the leat for the development. It does not take away any licenses that have not already been relinquished. In the meantime, fish can have an easier time of navigating the obstacle. The weir is going to fall down anyway.’

The Town Council’s response: ‘We were very disappointed to receive your e-mail..and at the stance you took at the WDBC Planning Committee meeting. …We are unable to understand why you have changed you position and are now stating that time is of the essence…We have discussed our concerns with you at our meetings and they remain the same. You refer to the weir as being in poor condition. We would agree that it is in need of renovation works, but we cannot agree that it is in imminent danger of collapse.

Archaeology (Update): The weir and leat is shown on historic mapping. The County Archaeologist has been working with the Westcountry Rivers Trust on this proposal and was consulted by the LPA. Since the last Planning Committee comments have been received from the County Archaeologist. There is no objection to the proposal, but it is recommended that any weir masonry be retained on site for future use. ‘The proposal will not involve the total removal of the weir, and if structural components can be retained for future reuse I cannot object to the proposal given the biodiversity/water quality benefits that lowering the crest will bring’.

Conservation (Update): The Conservation Officer supports the proposal providing that details of the repairs to the weir face are submitted for prior approval by the LPA and that these are shown to be carried out using traditional materials and methods.

Flood Risk Downstream: The Environment Agency and the Borough Drainage Engineer are satisfied the works to the weir will not increase the risk of flooding downstream. The works are considered an improvement to water flow and drainage and would reduce the risk of flooding. Conclusion (Update): The benefits to the health of the river by enabling fish to migrate up stream far outweigh the loss of trees and any temporary disturbance caused to fauna by the proposed works. The future of the Woollen Mill leat is not compromised by the proposal as alternative measures and solutions are feasible to enable the leat to flow in the future, should a river abstraction licence be approved by the Environment Agency. In addition, the works to the weir itself are also not irreversible, should the Woollen Mill Development Brief near implementation. It has been made evident that the weir is in need of repair following winter damage. Providing that these repairs are carried out using traditional materials and methods (to be agreed by the LPA) and that any weir masonry is retained on site for future use, the County Archaeologist and Borough Conservation Officer have no objection to the proposal. The immediate benefits to the river are important and this should be considered a priority at this time.

For the above reasons, the proposal is considered acceptable in planning terms. Planning Policy This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004 and, where relevant, with Sections 66 and 72 of the Town and Country Planning Act 1990 (Listed Buildings and Conservation Areas).

Planning Policy NPPF:

West Devon Borough Council Core Strategy 2011 SP1 – Sustainable Development SP17 – Landscape Character SP18 – The Heritage and Historical Character of West Devon SP19 – Biodiversity SP20 – Promoting High Quality Design SP21 – Flooding

West Devon Borough Council Local Plan Review 2005(as amended 2011) NE10 – Protection of the Countryside and Other Open Spaces BE4 – Features and Artefacts of Local Importance T3 – Protection of Existing Footways, Cycleways and Bridleways

Considerations under Human Rights Act 1998 and Equalities Act 2010 The provisions of the Human Rights Act 1998 and Equalities Act 2010 have been taken into account in reaching the recommendation contained in this report.

Notes of a Meeting of the SITE INSPECTION PANEL on THURSDAY 19th JUNE 2014

Present: Cllr C M Marsh – Chairman Cllr M J R Benson – Vice-Chairman Cllr C Hall Cllr L J G Hockridge Cllr T G Pearce Cllr J Sheldon Cllr D Whitcombe

Planning Officer (NG) Committee & Ombudsman Link Officer

In attendance: Mrs G Hoggins – North Tawton Town Council Mrs C Burrow – North Tawton Town Council Dr P Brickley – North Tawton Town Council – Neighbourhood Plan Mr A Dowding – Applicant

The Panel met at the North Tawton Rugby Club car park at 11.20 am and then proceeded to walk to the site along the bank of the River Taw arriving, approximately, 20 minutes later.

The Planning Officer outlined the application and related the proposal to the weir. The applicant, responding to a request, crossed the river and indicated to the Panel to point at which the leat which used to provide water to the Woollen Mill’s generator began.

The applicant advised the Panel that the weir had been damaged during the winter storms and consultants had suggested three options for repair and improvement and the application now being considered was option 2 and, in the view of the Westcountry Rivers Trust, presented the most viable option. The weir height would be reduced and the pooling area before the weir would be dredged. It would be possible, in the future, for the weir to be returned to its current height if needed. Reducing the height of the weir would retain its integrity, any other works risked that and could lead to a complete re-build.

The use of the leat would require an abstraction licence from the Environment Agency.

The Town Council reported that there was a strong possibility that the Woollen Mill could be re-developed with housing on the site together with a proposal to establish a rural skills training unit but that would require the leat to flow and turn the on-site generator. The project was being pursued by Devon Heartlands.

The site meeting finished at 12.09 pm and the Panel retraced their steps to the car park.