EXMOOR NATIONAL PARK PLANNING COMMITTEE

Application 62/11/12/007 Grid Ref. 274447 148644 No: Applicant: Miss S Ford, Res () Ltd, 5 Benning Court Pottington Business Park, , Devon Location: Watersmeet House, , Devon Proposal: Proposed installation of an air source heat pump. (Full) Introduction: The application relates to Watersmeet House, Lynmouth which is a former hunting and fishing lodge built around 1832. The property is located in open countryside in a woodland clearing adjacent the East Lyn River with the intersection with Hoar Oak Water. The property is now in the ownership of the National Trust, having originally been part of the Glenthorn Estate, and is a popular tourist destination. The building and the enclosed garden area to the north are used as a tea shop, which is run by the National Trust. Watersmeet House is a Grade II listed building.

The application proposes the installation of an air source heat pump for the building. The main works comprise the installation of an external condensing unit that measures approximately 1.4 metres high by 0.9 metres wider and 0.4 metres deep. The external unit would be positioned on the east elevation of the building at first floor level over a single storey section of the building. An indoor unit would also be installed in the position of the existing hot water cylinder inside the building.

The agent explains that the position of the outdoor unit has been chosen because this is close to the position for the indoor unit and would be hidden from view externally.

The air source heat pump uses heat from the outside air to heat the property via a vapour compression cycle.

The details submitted with the application explain that the installation of an air source heat pump will allow the National Trust to provide heating and hot water for the property using renewable technology that will help reduce the property’s carbon emissions.

There is currently no permitted development rights for the installation of air source heat pumps on non-domestic properties and therefore specific planning permission is required in this instance.

The application site is in the Exmoor Coastal Heaths Site of Special Scientific Interest (SSSI), the Exmoor Oakwoods Special Area of Conservation and in Flood Zone 3. The site lies in the Parish of and Countisbury.

A Member of the Exmoor National Park Authority has indicated an involvement in this application as he works for the National Trust and therefore the application comes before the Planning Committee for determination.

62/11/12/007 05 February 2013 EXMOOR NATIONAL PARK PLANNING COMMITTEE A listed building application (reference 62/11/12/008LB) accompanies the planning application.

Consultee Response: BRENDON & COUNTISBURY PARISH COUNCIL: Support the application DCC - HIGHWAYS: No objection COUNCIL: No observations NATURAL : This application is in close proximity to Watersmeet and Exmoor Coastal Heaths Sites of Special Scientific Interest (SSSI’s). However, given the nature and scale of this proposal, Natural England is satisfied that there is not likely to be an adverse effect on these sites as a result of the proposal being carried out in strict accordance with the details of the application as submitted. We therefore advise your authority that these SSSI’s do not represent a constraint in determining this application. Should the details of this application change, Natural England draws your attention to Section 28(I) of the Wildlife and Countryside act 1981 (as amended), requiring your authority to re-consult Natural England. ARCHAEOLOGIST - ENPA: No archaeological implications FARMING AND WILDLIFE - ENPA: The application suggests that the new heating system unit will not be placed on the roof, but if any internal work is required within the roof space, then full consideration must be given as to whether bats are present in this property. TREES AND WOODLANDS - ENPA: At the time of preparing this report the open consultation period for the application was still live, if comments are received these will be verbally reported at the Planning Committee meeting. Public Response:

No comments received

At the time of preparing this report the open consultation period for the application was still live, if comments are received these will be verbally reported at the Planning Committee meeting.

RELEVANT HISTORY 62/11/02/002LB Listed Building Consent application for the refurbishment and internal alterations to toilets and store. Listed Building Approved 21 June 2002 Same Site 62/11/00/004LB Replacement of flat roof. Listed Building Approved 31 July 2000 Same Site 62/11/00/008 Storage compound (Retrospective) Full Approved 18 December 2000 Same Site 62/11/05/012LB Listed Building Consent for the insertion of ventilation system to kitchen; cladding of kitchen wash-up and preparation areas with

62/11/12/007 05 February 2013 EXMOOR NATIONAL PARK PLANNING COMMITTEE new wall surfaces & new lighting in servery Listed Building Approved 06 January 2006 Same Site 62/11/06/004LB Listed Building Consent for internal refurbishment of bathroom Listed Building Approved 20 September 2006 Same Site 62/11/06/009LB Proposed replacement of servery counter and associated works Listed Building Approved 07 December 2006 Same Site 62/11/90/006LB Separation of restaurant with partition wall to provide food preparation area Listed Building Approved 12 November 1990 Same Site 62/11/11/002 Proposed expansion of the existing cobbled paving. Full Approved 18 October 2011 Same Site NI 17526 Proposed toilets, double garage and alterations to café Full Approved 01 March 1973 Same Site Most Relevant Development Plan Policies: Somerset and Exmoor National Park Authority Joint Structure Plan

STR1 – Sustainable Development STR6 – Development Outside Towns, Local Rural Centres and Villages Policy 1 – Nature Conservation Policy 2 – Exmoor National Park Policy 5 – Landscape Character Policy 9 – The Built Historic Environment Policy 42 – Walking Policy 60 – Floodplain Protection Policy 64 – Renewable Energy

Exmoor National Park Local Plan

LNC1 – General National Park Policy LNC3 – Landscapes covered by Section 3 Conservation Map LNC4 – Important Trees, Woodlands and Hedgerows LNC7 – Rivers and their Corridors LNC9 – Sites of International Nature Conservation Importance LNC10 – Sites of Special Scientific Interest LNC12 – Exmoor Biodiversity Action Plan Areas LNC14 – Protected Species and Habitats LNC15 – Scheduled Ancient Monuments and Other Important – Archaeological Sites CBS8 – Alterations to Listed Buildings

62/11/12/007 05 February 2013 EXMOOR NATIONAL PARK PLANNING COMMITTEE CBS9 – Settings of Listed Building CBS10 – Preservation of Listed Buildings and their Features and Settings CBS12 – New Development U7 – Flood Risk Areas – Location of New Development U8 – Reduction of Flood Risk from New Development TR12 – Public Rights of Way

Observations: The main planning issues, having regard to the merits of the application are considered to be the impact of the development on setting of the listed building and impact on the character and appearance of the locality. Other considerations include the impact of the development on local amenity, wildlife interests and flood risk.

In terms of the latter issues, the proposed installation of an air source heat pump on the first floor of the building is not considered to materially impact on flood risk matters. The impact of development on local amenity, by virtue of the scale of development and location of the application site, is judged to be negligible. In terms wildlife interests, Natural England has considered the proposal and is content. In addition, the agent has confirmed that no internal works will be required within the roofspace.

SETTING OF THE LISTED BUILDING AND IMPACT ON THE CHARACTER AND APPEARANCE OF THE LOCALITY

Watersmeet House is a Grade II listed building and the acceptability of the impact of the proposed development on the setting of the listed building must be considered.

In assessing this, the Historic Buildings Officer has advised that the proposed development would be relatively discreet and raises no objection. The proposal is judged not to harm the significance of the setting of the listed building.

Turning to the impact of the development on the locality; the external unit for the air source heat pump would be relatively inconspicuous and while views of the external units could be achieved, having regard to the scale of the development and its position on the building, the proposal is judge to have a small and acceptable impact on the character and appearance of the locality.

The provision of renewable energy development is generally supported and Policy LNC17 supports small scale renewal energy generation provided this is compatible with the conservation of the landscape and wildlife of the National Park.

CONCLUSION

The proposed development is sympathetic to the setting and character of the site and provides for renewal energy development that would reduce the carbon footprint of the property. The works proposed are small scale and are judged to be acceptable to the setting of the listed building and the character and appearance of the locality.

The proposal is judged to be in accordance with the relevant planning policies and the

62/11/12/007 05 February 2013 EXMOOR NATIONAL PARK PLANNING COMMITTEE recommendation is that planning permission be APPROVED subject to no adverse comments being received during the consultation period for the application, which was live at the time of preparing this report.

Recommendation: Approve subject to the following conditions 1. 1 Time limit for commencement of development (3 years) 2. The development hereby permitted shall note be carried out except in complete accordance with the details shown on the submitted plans, drawing numbers NT-WH-7100-001, NT-WH-7100-002a, NT-WH-7100-M-003 Rev A and NT-WH-7100-M-004 and date stamped 17 December 2012 together with the 1:2500 and 1:1250 scale plans date stamped 17 December 2012. 3. The air source heat pump and associated equipment, hereby permitted shall be dismantled and removed from the building and the application site within 3 months of it becoming redundant to its designated use, unless otherwise agreed in writing with the Local Planning Authority. 1. In accordance with the provisions of Section 91 of the Town and Country Planning Act 1990, (as amended by the Planning & Compulsory Purchase Act 2004).

2. For the avoidance of doubt and to ensure the works accord with the approved plans.

3. In the interests of the character and appearance of the historic building.

Notes to Applicant:

MONITORING OF DEVELOPMENT

The applicant/developer is reminded that it is their responsibility to ensure that the requirements of each planning condition are met and that the works are undertaken in accordance with the approved plans. Any failure to meet the terms of a planning condition or work which does not accord with the approved plans leaves the applicant/developer liable to formal action being taken. The National Park Authority endeavours to monitor on site the compliance with conditions and building works. This has benefits for applicants and developers as well as the National Park. To assist with this monitoring of development the applicant/developer is requested to give at least forteen days notice of the commmencement of development to ensure that effective monitoring can be undertaken. The Planning Section can be contacted at Exmoor National Park Authority, Exmoor House, Dulverton, Somerset, TA22 9HL or by telephone on 01398 323665 or by email [email protected].

62/11/12/007 05 February 2013 EXMOOR NATIONAL PARK PLANNING COMMITTEE CONDITIONS AND INFORMATIVES AND THE SUBMISSION OF FURTHER DETAILS Please check all the conditions and informatives attached to this Decision Notice. If there are any conditions which require submission of details and/or samples prior to work commencing on site it is vital than these are submitted and agreed in writing by the Local Planning Authority before work starts. Given the High Court’s interpretation of the Planning Acts and their lawful implementation it is unlikely that the Local Planning Authority will be able to agree to a sample/details after the commencement of works if that sample/details should have been approved prior to commencement. If a sample/detail is not agreed as required prior to commencement and works have started then it is likely that this matter may only be able to be rectified by the submission of another application. To avoid delay, inconvenience and the need to submit a further application, please ensure that all appropriate details/samples are submitted and agreed at the specified time.

Please also note that due to other decisions of the High Court it is now not normally possible for the Local Planning Authority to agree to minor amendments to approved applications on an informal basis. The Department of Communities and Local Government have introduced a process whereby it is now possible to apply for a non-material amendment to a permission. This can deal with changes to plans which do not fundamentally alter the form of permission but are a variation to the approval. The appropriate form is available by request at Exmoor House or by downloading from the National Park Authority web site. Applications can be made via the Planning Portal.

Please ensure that works comply with the approved plans so as to avoid the possibility that works are unauthorised and liable for enforcement action.

SUMMARY OF REASON FOR GRANTING PLANNING PERMISSION The Local Planning Authority, having regard to all planning considerations material to the determination of this application, including particularly impact on the setting of the building, the character and appearance of the locality, local amenity, flood risk and wildlife and all consultations and representations made in connection with the application, conclude that the proposal accords with the provisions of the development plan as applicable to it, including the policies and proposals noted below, and there are no grounds which justify its refusal.

In accordance with the requirements of Article 31 of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (as amended), in determining this application Exmoor National Park Authority has worked positively with the applicant to ensure that all relevant planning issues have been appropriately resolved.

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