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Sp250811dma Hemerdon Mine Link Road PTE/11/18 Development Management Committee 7 September 2011 County Matter: Minerals South Hams District/Plymouth City: Alteration to previously approved junction layout and additional surface water management and flood alleviation measures to Hemerdon Mine Link Road, Land north of West Park Hill, Plympton, Plymouth Applicant: Wolf Minerals (UK) Ltd Application No: DCC/3240/2011 Date Application received 8 July 2011 Report of the Head of Planning, Transportation and Environment Please note that the following recommendation is subject to considera tion and determination by the Committee before taking effect. Recommendation: It is recommended that conditional planning permission is granted for the amendment to the junction and the provision of the surface water management pond subject to conditions set out in Appendix III to this Report. 1. Summary 1.1 This Report relates to a proposed minor amendment to the permitted junction layout (and the creation of a surface water management lagoon), in order to improve road safety and to minimise environmental impacts. Part of the proposal lies within the boundary of Plymouth City Council and a separate application for the very small area of land within its boundary (most of which is within the highway) has been submitted to the City Council. 2. The Proposal/Background 2.1 Planning Permission for the link road between Plympton and the Lee Moor Road which would provide improved access to the Hemerdon Mine was originally granted planning permission in June 1986 at the same time, but separately from, the Hemerdon Mine permission. In 1991 a revised planning application (9/49/0405/91/3) was submitted which slightly altered the line of the road and planning permission was granted by the then Planning Sub Committee at its meeting on 29 May 1991 (Report EP/91/263/HQ refers – Appendix I). The Applicant subsequently carried out works in the highway at the northern junction between the Lee Moor Road and the proposed link road to implement and therefore preserve the permission. The County Council confirmed by letter that sufficient works had been carried out to implement the permission in July 1993. 2.2 The link road would join West Park Hill in Plympton with the B3417 Lee Moor Road which currently carries traffic on the approved HGV route to the Lee Moor, Shaugh and Headon China Clay Quarries to the north as well as local traffic heading north to the Dartmoor National Park and the villages and settlements along its southern and south western boundary. 2.3 The principle of this link, to bypass Loughter Mill by a new link road was accepted by the Government Inspector at the time of the original Public Inquiry into the Tungsten Mine where he noted that: “it is essential that the proposed link road from West Park Hill be provided before any significant development takes place at the mine site….. .because the existing Lee Moor Road in the vicinity of Loughter Mill is inadequate ” The improvement of access to the mine from the Plymouth area – both for use by the China Clay traffic and also during the construction phase of the mine was perceived at the time to be of great public benefit. 2.4 Once completed, the road would be adopted by the County Council to provide improved access to the north and a diversion around the “pinch point” at Loughter Mill adjacent to the Newnham Park Estate entrance on the existing road. The existing B3417 from West Park Road to the point where the link road would join it is essentially a country lane with passing places. It is evident that there is damage to the verges along this road caused by Heavy Goods Vehicles. The new road would alleviate this narrow section of the B3417 and provide a safe, modern link to the proposed tungsten mine and the China Clay Quarries at Lee Moor/Headon to the north. 2.5 The original road permission comprised of a two lane highway with post and wire fence leading from the right angled bend in the B3417 dropping south across fields and crossing the Smallhanger Brook then climbing to a T Junction with West Park Hill just to the west of where it becomes a narrow country lane leading to the villages of Hemerdon and Sparkwell. 2.6 The application as submitted relates only to the southern junction of the link road and proposes a new junction alignment which makes the new road the priority with a junction to the minor road to Hemerdon and Sparkwell. This means that the majority of the traffic would not be required to stop therefore reducing the noise of gear changes and air brakes to those properties on the southern side of West Park Hill which were not built when the planning permission was granted. The prioritisation of the new road will also make it less likely that Heavy Goods Vehicles would accidentally carry on through the narrow lane leading to Sparkwell and Hemerdon villages. 2.7 The Applicant has extended the red line around the original application site to incorporate a surface water management or SUDS pond to the west of the new road and the north west of the junction at the request of the Environment Agency. 2.8 The Applicant has also agreed (along with interested landowners) to enter into a voluntary legal agreement (or Unilateral Undertaking) to provide on adjacent land, a bridlepath between Stoggy Lane and Hemerdon Lane, as well as the planting of native broadleaved woodland on either side of the bridlepath. Additionally, the agreement volunteers to improve the landscaping of the road itself by the provision of hedgerows and tree screens. This landscaping is a considerable enhancement on that required by the original permissions. 3. Consultations 3.1 South Hams District Council – formal views awaited – at the time of writing this report the officer view was that no objection is raised to the proposal subject to clarification of some drainage queries. 3.2 Plymouth City Council (Highways) – no objections subject to applicant entering into highways adoption/maintenance agreement with both Authorities and re-classification of new road to become the new B3417. 3.3 Sparkwell Parish Council – no objections. 3.4 Shaugh Prior Parish Council – supports the proposal based on the unsuitability of the current road. 3.5 Environment Agency – raises no objections to the application subject to the submission of an appropriate Construction Environment Management Plan and the completion of the surface water management system prior to the use of the highway. 4. Advertisement/Representations 4.1 The application has been advertised by means of a notice on the site, notices in locally circulating newspaper, and neighbour notification. The neighbour notification carried out by this Authority was for those properties within Devon County and those immediately fronting West Park Hill. Further consultation within Plymouth City was carried out at the discretion of the City Council in association with its part of the application. 4.2 As a result of these proposals 78 objections have been received. These objections have been made by residents of the adjoining residential estate to the south of West Park Hill. Some of these properties were already built in 1991, a number were under construction and some were built after the planning permission was granted. 4.3 Most of the objections made to the County Council have been to the principle of the road itself rather than the current application which is only for the minor amendment to the road junction. 4.4 Residents to the south of West Park Hill (who reside within the boundary of Plymouth City Council) appear to have been generally unaware of the original permission and that it had been legally implemented. Additionally, there is local concern that the road was not disclosed in Land Charges searches relating to their property purchases. Whilst neither of these are material to the actual proposal, the Land Charges section within the County Council has advised that the likely reason for the problem related to searches is that the existence of a permission for a private road is an additional question that must be specified and paid for separately. 4.5 The principal planning concerns of local residents are increased HGV movements on West Park Hill, noise, dust and danger to pedestrians although comments have also been made on the visibility of the proposed junction with the new road from the Sparkwell Road and the concern that the new line would allow speeds to be increased. Given the existence of the planning permission for the road, and that this application is only for an amendment to the junction, the principal planning consideration is whether the current application would worsen the overall impact of the permitted road. 5. Planning Policy Considerations 5.1 In considering this application the County Planning Authority is required to have regard to the provisions of the Development Plan. Section 28(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan the determination shall be in accordance with the Development Plan unless material considerations indicate otherwise. In this case the relevant Development Plan policies are summarised in Appendix II to this Report. 6. Comments/Issues 6.1 The principal issue in the determination of this application is the impact on the local highway network caused by the amendment to the existing permitted scheme. 6.2 As the road itself already has planning permission and could be implemented under the terms of the original consent, the principle of the link road construction is not a material planning consideration despite it being the basis of the bulk of the representations received.
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