EEC/06/83/HQ Development Control Committee 19 July 2006

Report of Committee Site Visit County Council Development: West Borough Proposed Construction of Cycle/Walkway, from Southerly Bridge to Station Road, Bridestowe, Near

Report of the Director of Environment, Economy and Culture

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

Recommendation: The Site Visiting Members recommend, that in anticipation of the submission of an amended application following further negotiations with the landowner(s) relating to a minor realignment of the proposed route where it returns to the former railtrack bed to the north east of Station House, the County Solicitor be authorised, upon the completion of the statutory consultation and publicity requirements, to grant planning permission, pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, subject to the imposition of conditions relating to, inter alia, standard three year commencement; accordance with submitted plans; full details to secure protection of Beech Tree roots at egress onto public highway at south western end of route; full details of landscaping and planting, including constructional details of any proposed bunds and hedgebanks; maintenance of landscaping; details of fencing and gates; prior agreement of detailed scheme for route clearance including restriction of clearance of shrubs/trees to be outside the bird nesting season; pre construction survey/inspection for bats and reptiles with implementation of proposed mitigation measures; and implementation of sustainable urban drainage details.

1. Summary

This report relates to the Site Visit and Site Meeting conducted on 28 June 2006 by Members representing the Development Control Committee in respect of the proposed cycle/walkway proposals at Bridestowe, .

2. The Proposal/Background

The proposal is for the construction of a cycle/walkway along the former railway line between Station Road, Bridestowe and Southerly Bridge on the A386 to Okehampton Road, to provide the final missing link in the "Granite Way" National Cycle Route 27 that runs between and .

A full report on this proposal was considered by the Committee at its meeting on 7 June 2006 [Report EEC/06/35/HQ refers] when it was resolved [Minute *85(b) refers] that consideration be deferred in order that Councillors representing the Committee visit the site. A copy of this previous report is reproduced as Appendix I to the current report for Members' attention.

At the 7 June meeting, the Committee had been advised that further views on the amended scheme had now been received from the West Devon Borough Council, the National Park Authority, the Bridestowe Parish Council and the Environment Agency as statutory consultees - and none now raised any objections to the scheme subject to the imposition of appropriate conditions.

3. The Site Visit/Site Meeting

The Site Visit was undertaken on the morning of 28 June 2006. The Committee was represented by Councillors, D. Button [Chairman], A. Hosking, J. McInnes and B, Nicholson - accompanied by Malcolm West and Hayley Stokes of the Environment, Economy and Culture Directorate. The County Council as applicant was represented by Mr Bob Jones. Mr T. Garratt (Rendells Solicitors) represented Mr and Mrs Dunse the owners of Station House. The Local County Councillor and representatives of West Devon Borough Council and Bridestowe Parish Council were invited to the site meeting but did not attend.

Prior to arrival at site, the Committee Members viewed the current termination of the ‘Granite Way’ at the A386, Southerly Bridge and the security fencing that has been erected to prevent trespass onto the current application site. On arrival at the site Members viewed the proposed route, beginning at the point where the proposed cycle track/walkway crossed the Lea Wood Estate land from Station Road, the group then progressed down to Station House and through its formal garden. The group viewed the location where the cycle/walkway enters the garden of Station House and then passes through a gate into the less formal garden which follows the line of the old railway track to the A386 at Southerly Bridge.

The following issues were raised during the site visit:

Bob Jones (DCC) explained that since the Committee Meeting held on 7 June that the applicant and representatives of the landowners had been in discussion about a possible revised alignment of the cycle track and displayed a plan with a preferred route that has been agreed by both parties. This new alignment runs approximately 6 metres further away from the south eastern end of the boundary of Mr and Mrs Dunse’s formal garden. The track forms a more gradual approach to link in with garden and route of the old railway track.

To address the concerns raised by the Mr. and Mrs. Dunse over possible trespassing into their property the applicant has agreed to provide a more substantial bank and hedgebank between the cycle/walk way and the garden of Station House. The bank would be planted with a mix of gorse on the cycle track side and a stone based hedgebank with thorn planting at the top would provide a 6 metre barrier between the track and cycle/walkway. Mr Garratt confirmed that Mr and Mrs Dunse are happy with this part of the proposal.

Further to these negotiations Mr and Mrs Dunse have expressed a desire for the area of land situated between the track and Station House (currently owned by Lea Wood Estates) to be acquired by the County Council for the personal use of Mr and Mrs Dunse in compensation for the loss of land as part of the proposed development. As a consequence additional landscaping along the boundary of the track may also need to be considered.

At the location where the cycle/walkway meets Station Road Members specifically raised concerns about the position of the cycle track very close to a number of the important beech trees that form a striking avenue either side of Station Road. This section of the proposed track, that runs parallel to Station Road, is currently shown as two metres wide, surface dressed with a local stone and stone faced at the excavated area at the back of the track. It was suggested that the width of the track be reduced to ensure minimum disturbance to the roots of the beech trees. Mr Jones responded, saying that reducing the width of the track was a feasible option and this could be included in revised plans for the scheme. It was also recommended that a planning condition is imposed to require the protection of the trees during construction works.

Mr Garratt also raised concerns about the potential noise generated from cars travelling over the antiskid surface situated either side of Station Road bridge. Mr Jones gave assurance that the fine nature of the gravel to provide a non-slip surface would not generate sufficient noise to interfere with the living conditions at Station House.

The Site Meeting was convened in the garden of Station House where members of the site visit made the following points. Mr West confirmed that since the Committee Meeting held on the 7 June that West Devon Borough Council has withdrawn its objection to the proposal in light of the re-alignment of the track. Bridestowe Parish Council has also confirmed that they have no objection to the revised plans as shown at the Development Control Committee Meeting. He also pointed out that an ecological survey was submitted as part of the application. Although this survey confirmed the evidence of protected species and other features of nature conservation importance along the route, the effects of the scheme are not considered to be of great significance and can be overcome through the use of conditions securing the provision of mitigation measures.

Mr Jones (representing the applicant), reminded the Site Visiting Members’ that the cycle/walkway would provide the missing link in the ‘Granite Way’, which is an integral part of Route 27 of the National Cycle Network. He explained that re-routing the track along the old railway line would enable use by the mobility impaired. It would also provide a more user friendly route for cyclists who currently cycle along a steep on-road route which includes a difficult crossing at Lake over the A386. (Members of the Committee inspected the current diversionary route through the Bridestowe village to Lake at the conclusion of the meeting.)

Mr Garratt explained that Mr and Mrs Dunse have made every effort to retain their residential property in the style of a railway station – with many original features such as station signs, He stated that clearly the very unusual garden that runs along the line of the old track forms another distinct feature of the property and it would be a loss for Mr and Mrs Dunse and the contextual setting of the former station. In thanking the committee members for taking time out to come and see the site, he did also confirm that Mr and Mrs Dunse do not object to the recent revisions discussed between the applicant and themselves which re-align the track, although Mr Garratt felt that more investigations should have been made into the viability of alternative routes.

Mr Jones responded by explaining that other routes had been investigated but these routes involved crossing busy roads, including the A386 so they were then rejected due to the increase risks to safety.

Councillor Button again highlighted the concerns about the effect of the track upon the beech trees in Station Road and that suggested that condition should be used to ensure that the surface treatment of the track does not interfere with the tree roots and that the track is reduced in width at its egress point onto the highway crossing.

4. Comment/Conclusion

Having completed the Site Visit and Meeting received clarification of a number of issues, the Site Visiting Members' retired to consider their recommendation – and agreed unanimously to indicate their support for the proposal and recommend that subject to the submission and processing of a revised application the County Solicitor be authorised to grant conditional planning permission.

The proposed re-alignment of the track falls outside the red line which indicates the extent of the land that relates to the planning application currently under consideration. As a consequence of this and in line with other revisions recommended during the Members' site visit it is proposed that a new planning application will be submitted to the County Planning Authority. It is hoped that a copy of the revised application plan will be available for display at the Committee Meeting.

Edward Chorlton

Electoral Division: Okehampton Rural

Local Government Act 1972

List of Background Papers

Contact for enquiries: Malcolm West

Room No: ABG

Tel No: (01392) 382867

Background Paper Date File Ref.

Application File 13/03/2006 07/00829/2006 05/04315/2006 05/04321/2006 07/00823/2006 mw190606dca sc/site visit bridestowe 3 hq 040706

Appendix I To EEC/06/83/HQ EEC/06/35/HQ

Development Control Committee 7 June 2006

County Council Development West Devon Borough: Proposed Construction of Cycle/walkway, Involving Removal of Beech Tree, from Southerly Bridge to Station Road, Bridestowe, Okehampton Application No: 03/8749/2006 Date Application received by County Council 3 March 2006 (Amended Plan received 9 May 2006)

Report of the Director of Environment, Economy and Culture

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

Recommendation: It is recommended that subject to no objections being received as a result of the outstanding statutory consultation on the amended plans, the County Solicitor be authorised, pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, to grant planning permission subject to the conditions relating to, inter alia, standard three year commencement; accordance with amended plans; protection of beech trees during works; agreed landscaping; appropriate maintenance of planted species; clearance of shrub/trees outside the bird nesting season; agreement of site clearance works, surveys/inspection for bats and reptiles with proposed mitigation measures, and implementation of sustainable urban drainage details.

1. Summary

This report relates to a proposal for a cycle/walkway between the A386 and Station Road, Bridestowe, Okehampton, which will complete the provision of National Cycle Route 27 between Ilfracombe and Plymouth.

2. The Proposal/Background

The development is for the construction of a cycle/walkway along a former railway line between Station Road, (just south of Station house) and Southerly Bridge on the A386 between and . A detailed scheme plan will be displayed at the Committee. The track will provide the final link to the existing route of the ‘Granite Way’, which is part of the National Cycle Network, Millennium route 27 that runs between Ilfracombe and Plymouth. The proposed path would be 3 metres wide with 0.5 metre verges on either side and have a surface finish in local stone from Meldon Quarry. An agricultural crossing is provided next to Station Road and will have the same surface dressing as the cycle/walkway.

The proposed cycle/walkway will run along the disused railway track and pass through an area that forms part of the garden of Station House. Planting and the construction of a new Beech hedgebank along the new boundary is proposed to provide a barrier between that property and the track. The originally submitted proposal required the removal of a beech tree and possible need to remove a further two trees if the roots are damaged as a result of construction works at the egress onto Station Road. Following negotiations, an amended drawing was submitted on 9 May 2006 revising the egress arrangements at Station Road to protect all trees. A buff coloured high friction surfacing would be added to the road surface on Station Road on the approach either side of the crossing over this road.

The proposed cycle/walkway is located in area that has been locally designated as an Area of Great Landscape Value (AGLV). The Dartmoor National Park boundary follows the A386 at Southerly Bridge - the land to the east of this road with the cycle route continuing towards Meldon falling within the National Park.

The planning application is accompanied by an Ecological Survey of the garden of the Station House which forms part of the application site.

3. Consultations

West Devon Borough Council – The council objects to the application due to the loss of trees, stating that the cycle path should be re-routed/re-designed to minimise loss to any trees. (Views on amended scheme plan awaited - Consulted 10 May 2006).

Dartmoor National Park Authority – The Authority states that is pleasing to see that the missing link in the cycleway is now achieved but would resist the use of non-skid road surfacing - although if it must be used that a grey material should be considered. (Views on amended scheme plan awaited - Consulted 10 May 2006).

Bridestowe Parish Council – The Council wholeheartedly support the proposal to complete the link for the cycle/walk way. The Parish state that cyclists will be able to avoid the dangerous A386 and their safety will be enhanced. They also mention that amenity time will be increased and the anticipated increased usage of the complete cycleway will benefit the local economy. (Views on amended scheme plan awaited - Consulted 10 May 2006).

Environment Agency – Have no objection to the proposal but recommend that water is dealt with in a sustainable manner using a soakaway. (Views on amended scheme plan awaited - Consulted 10 May 2006).

4. Advertisement/Representations

This application has been advertised in accordance with the statutory publicity requirements and as a result of these procedures two letters of representation have been received, one in support and one objecting to the scheme.

Copies of all letters of representation received will be displayed at the Committee meeting.

The objection letter explains that the cycle/walkway will pass through the ‘very special garden and wildlife habitat’ that the residents of Station House have created and so would affect the lifestyle of those living in the property. It is considered that alternative options have not been thoroughly considered. The garden has been created along an extensive area of the former railway line – with a more formal area immediately in front of the residential property, and a less formal area which attracts a variety of wildlife further along the disused track. Concerns are also raised about the potential for those using the track to trespass into the objector’s property. It is considered that the proposed planting to use broadleaved and hardwood will offer no screen protection and would take 15 to 20 years for the trees to reach a mature enough state to provide an effective screen. The speed of growth will be further halted by the infertile nature of the soil. The objector would urge that every effort is made to re-route the line of the proposed track into the low-grade farmland outside the boundary of Station House, or onto little used local hard tracks that can be re- graded for this use. The second letter supports the proposal to open the missing link to complete the cycle/walkway. The letter mentions concerns about the inconvenience and danger posed by the current on-road route and that the new route will create a safe a delightful cycle/walkway.

5. Planning Policy Considerations

In considering this application the 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 most relevant Development Plan policies are as follows:

Devon County Structure Plan 2001-2016 (Adopted October 2004) : Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon’s Communities); ST16 (Local Centres and Rural Areas); CO1 (Landscape Character and Local Distinctiveness); CO2 (National Parks); CO4 (Areas of Great Landscape Value); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO13 (Protecting Water Resources and Flood Defence); CO14 (Conserving Agricultural Land); TR1 (Devon Travel Strategy); TR3 (Managing Travel Demand); TR5 (Hierarchy of Modes); and TR7 (Walking and Cycling).

West Devon Borough Local Plan Review (2005 ): Policies NE4 (Nature Conservation and Biodiversity); NE5 (Protection of Countryside Features); NE7 (Protected Species); NE7 (Applications close to Dartmoor National Park); NE9 (Areas of Great Landscape Value); T1 (Walking and Cycling); T3 (Re-use of former railway lines); and PS2 (Surface Water Run- off).

In preparing this report regard has been had of relevant Regional and National Planning Policy Guidance and Statements, in particular: RPG10 (Regional Planning Guidance for the South West); PPS1; (Delivering Sustainable Development); PPS7 (Sustainable Development in Rural Areas); PPS9 (Biodiversity and Geological Conservation); PPG13 (Transport); PPG17 (Sport and Recreation); PPG21 (Tourism); and PPG25 (Development and Flood Risk ).

6. Highway Considerations

The proposal would provide an attractive flat, car free route, helping to improve safety for pedestrians and cyclists that currently travel along the local highway network. This final link would improve the strategic cycling and pedestrian route, the ‘Granite Way’, which is supported by both Structure Plan 2001 - 2016 Policy TR7 (Walking and Cycling) and West Devon Local Plan Policy T1 (Walking and Cycling).

7. Sustainability Considerations

In line with National Planning policy on Transport (PPG13) the Regional Planning Guidance for the South West (RPG10) and Sustainable Development policy ST1 in the Devon Structure Plan (2001 - 2016) the provision of this section of the National cycle network would promote the use of the most sustainable forms of transport. In addition to the transport advantages, improvements that make this recreational route more attractive to visitors would help to promote a ‘Green Tourism’ as cycling and walking have minimal impact upon the environment.

It is also proposed that the development should incorporate a sustainable urban drainage system, a ‘Soakaway’ which reflects planning policy guidance found in PPG25 (Development and Flood Risk) and Structure Plan Policy CO13 (Protecting Water Resources and Flood Defence).

8. Comments/Issues

This proposed development provides a vital missing link in the completion of the strategic cycle route network in Devon, which is supported by national, regional, strategic and local planning policy guidance.

The benefits of the proposed link, in providing a more attractive pedestrian and cycle route for both locals and visitors; a final link for the strategic, ‘Granite Way cycle route’ and consequent economic benefits for the local economy from tourism must be weighed up against the potential impact the re-routing may have upon the surrounding landscape and in particular the potential impact on the locally distinct line of Beech trees, the nature conservation interests, and the impact upon the living conditions of the residents of Station House.

Landscape Issues

The surfacing of the track to use a local stone would harmonise with the surrounding landscape in the Area of Great Landscape Value and the adjacent National Park in accordance with Structure Plan polices CO4 (Area of Great Landscape Value) and CO2 (National Parks) and West Devon Local Plan policies NE7 (Applications close to Dartmoor National Park); NE9 (Areas of Great Landscape Value). Some concern has been expressed about the impact of the proposed buff anti skid surfacing upon the local landscape and it is recommended that a grey finish is used to this surfacing. The revised plans now submitted address this issue although the crossing itself would still use a buff surface dressing but this is deemed acceptable as it is only a very small section of the route. It is also recommended that the proposed hedging along the route includes a number of species and not just Beech in order that these greater reflect other hedgerows in the area and these should be appropriately maintained.

The historic avenue of trees that align either side of Station Road has been retained in the revised plans. As a consequence the concerns raised in the objection to the development given by West Devon Borough Council have been addressed. It is recommended that a condition is imposed as part of the development which ensures that these trees are protected during construction works.

Nature Conservation Issues

The disused railway line supports some tree and scrub cover, although over much of its length the land is managed as an extended garden with mown grass beneath a patchy canopy with some planting of ornamental trees and shrubs. Where the proposed cycle/walkway leaves the disused railway line, it crosses part of a field comprising agriculturally improved grassland and a small patch of rough ground supporting steep mounds of tipped materials. In general, a line of trees or, in places, a hedgebank, separates the disused railway line from the adjoining fields. None of these features appears to be of any more than very local interest in terms of its habitat composition. Despite this, the ecological survey does suggest the possible presence of a number of protected species, with evidence found of dormice (a European protected species) and badgers.

The route identified on the revised plans submitted as part of this application would result in only limited loss of well-established tree and scrub cover. There will be some additional loss of vegetation cover in the length of cutting to the south-west of the Station House, where it is proposed to place excess fill material, but this will be replaced with more extensive new tree and shrub planting.

Despite evidence of dormice being found on the tree/scrub covered slopes of part of the railway cutting, the nature of the vegetation cover on the track-bed itself makes it most unlikely that any key habitat will be lost or there will be any significant disturbance or harm to the species. Similarly, it should be possible to avoid any risk to bats – which also benefit from strict legal protection. There is likely to be some disturbance during the construction process to two outlying badger setts, which will require the works to be undertaken in accordance with licence requirements. Special measures should also be adopted to prevent any risk of harm to reptiles. Provided that such precautions are taken, there should be no conflict with the legal protection afforded to these various species interests and no other grounds for wildlife objection.

In light of the above comments and in accordance with West Devon Local Plan policy NE4 (Nature Conservation and Biodiversity) and adopted Structure Plan Policy CO10 (Protection of Nature Conservation Sites and Species) it is recommend that planning conditions should be imposed requiring: inspection/surveys for the presence of bats and reptiles with recommendations for appropriate mitigation to minimise harm to these species; and that any shrub/plant clearance should be undertaken outside the bird nesting season; agreement of site clearance works.

Impact upon privacy of residents of Station House

The proposed route for the cycle/walkway would run along the old disused railway line and inevitably result in the loss of the private use of this space currently owned by the residents of Station House, although the more formal garden space found directly adjacent to the residential property would be retained. The planting of thorn, and gorse will help to create a barrier between the proposed route and residential property; the gorse in particular should grow relatively quickly to create a thick dense mass. In order to increase the height of the visual barrier in the longer term between the residential property and cycle/walkway, additional planting of coniferous species such as Scots Pine is recommended.

9. Reasons for Recommendation/Alternative Options Considered

The Committee has the options of approving, deferring or refusing this planning application. It is recommended subject to no new objections being raised as a result of the outstanding consultation in the revised plans, the County Solicitor be authorised to grant conditional planning permission as the positive benefits associated with proposal, to create a more attractive recreational route for locals and visitors, combined with the alteration to the route so that it no longer disturbs the beech trees of historical and landscape importance, outweigh any harm that it may have upon: landscape; nature conservation; and to the living conditions of Station House; all of which can be satisfactorily mitigated against using the conditions outlined in the report.

Electoral Division: Okehampton Rural Edward Chorlton

Local Government (Access to Information) Act 1985 and Local Government Act 1972

List of background Papers

Contact for enquiries: Malcolm West

Room No: ABG

Tel No: (01392) 382867

Background Paper Date File Ref.

Casework file Current 03/8749/2006