EEC/07/148/HQ Development Control Committee 6 June 2007

County Council Development East District: Proposed Cycle/walkway (1.7km long) between the River Sid Footbridge, to the A3052 Road at , including a Link Access Gate to Sidmouth College Grounds following and Enhancing the Route of the Byes, Land between Sid Park Road following Approximate Route of the Existing Byes Path from the South to Byes Lane for much of the Route and a Link from the Primley Garden Path to Fortescue, Sidmouth Application No: 07/1145/CM Date Application received by County Council 30 March 2007

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 pursuant to the provisions of Regulation 3 of the Town and Country General Regulations 1992, planning permission be granted subject to the conditions relating to, inter alia, commencement within 5 years; in accordance with plans; pollution prevention measures; submission of landscaping; submission and agreement of the exact location of the track in areas E,F,C1 & C2; protection of trees during construction works; scheme for removal of trees; remove trees and shrubs outside bird nesting season; submit and agree details of the: track surface (including treatment within the Conservation Area), signage, gates, fencing, furniture and the bridge; agree signage on appropriate use; submission of a written scheme of investigation of archaeology; provision of notices on behaviour, removal of bridge proposed over Woolbrook and upgrade of existing bridge.

1. Summary

This report relates to the proposed construction of a cycleway, between the River Sid footbridge in Sidmouth and the A3052 in Sidford with links to Sidmouth College and Fortescue.

2. The Proposal/Background

The proposal involves the construction of a 1.7 kilometre length of cycleway, which for the most part would be formed by widening an existing footpath route known as the ‘Byes’.

From the A3052 in Sidford the cycle/walkway would run along an on-road section which would link into an existing playing field (next to Byes lane) to a new off-road segregated cycle/walkway. The route would then link in with the existing footpath at the end of Byes Lane running along this path until Livonia Road. Here the route will separate into a cycle only route that would run along the existing footpath, and a new footpath would then be created along the edge of Margaret’s’ Meadow. A new wooden bridge would take cyclists over the Woolbrook and link into a segregated cycle/walkway running along side the River Sid until the footbridge in Sidmouth. The footpath would cross over an existing bridge, (which is proposed to be resurfaced and the railings painted) and link back into the segregated route.

Most of the track would be 3 metres wide with the exception of: a short link with the area named ‘Fortescue’, measuring 2.5 metres; and 2 metre wide sections for the new footpath in Margaret’s meadow, and the stretch of new cycle lane leading up to Woolbrook. The segregated cycle/walkways would be surface dressed using 6mm/3mm grey gravel. The footpath on Margaret’s meadow would be a compacted gravel as well as the Fortescue link sections shown as J and K on the attached map.

The proposed cycle/walkway is located, at its nearest point, 150 metres away from the Area of Outstanding Natural Beauty (AONB) which runs along the edge of Fortescue Road to the east of the proposed path. The small on-road section of cycleway in Sidford, is located within a Conservation Area. There are a five listed buildings located in the close vicinity of the cycle/walkway that would have views of the route, all of these are Grade II. The route links in with Public Footpath No. 10, at the Sidmouth end of the route and Footpath No. 53 near Sidford.

The application site is located within Flood Zone Two (as defined by the Environment Agency). This zone comprises land assessed as having between a 1 in 100 and 1 in 1,000 annual probability of river flooding (1% – 0.1%) or between a 1 in 200 and 1 in 1,000 annual probability of sea flooding (0.5% – 0.1%) in any year). The application has therefore been accompanied by a Flood Risk Assessment. This assessment concludes that the nature of the development is of low significance, as it is considered to represent little or no potential for damage as a result of widening the existing path. Advance warning signs would be considered in areas where there may be risk of flooding that may affect users. The Flood Risk Assessment states that any water currently sheds to the adjacent land and this would remain the same with the widening of the paths. The new section of footpath would drain naturally to the adjacent meadow land.

3. Consultations

East Devon District Council - views awaited (consulted April 2007).

Sidmouth Town Council – Recommend approval subject to – appropriate signage should be considered where the footpaths and cycleway converge and consider lines or different coloured tarmac to show the segregated sections.

Environment Agency - Support the creation of a new cycleway provided they do not conflict with nature conservation interests or other recreational uses, and that the development takes place in accordance with the submitted Flood Risk Assessment and recommended pollution prevention measures.

In relation to the detailed design of the scheme the Agency raises concerns regarding:

1. Any loss of natural habitats (including mature trees, hedgerow and semi natural habitats) unless there is no alternative and mitigation in the form of equivalent habitat creation). 2. Any loss of semi-natural bankside habitat within 7m of the Wool Brook or River Sid.

and also make specific comments about:

*Route Section B - the creation of a new bridge over Wool Brook and instead recommend that the existing bridge is widened.

*Route Sections C1, E,F & J – The protection of the hedgerows, banks and trees. This should be achieved in sections F and J by extending the path into adjacent fields.

It is recommended verges are enhanced in Section E in particular.

*Route Section F – Removal of existing trees and vegetation at the northern end of this section should not be considered unless the alternative of extending the track in to the adjacent filed is considered and/or new planting is provided in mitigation.

*Route Section G – Any removal of overhanging trees will have an adverse effect on the attractive nature of this stretch. 4. Advertisement/Representations

This application has been advertised in accordance with the statutory publicity requirements and as a result of these procedures and at the time of writing this report nine letters/e-mails of representation have been received. Copies of all letters & e-mails of representation received will be displayed at the committee meeting.

The following points are raised in these representations:

• Concerns are expressed about problems and safety issues generated by the dual use of paths by cyclist and pedestrians. (including in particular if there is sufficient passing space for people on motorized wheelchairs and with prams) to pass each other. It has been suggested that the two groups should be kept apart. It is explained that there is currently a lack of signage which explains how the tracks should be used by different users. • One respondent considered that painted lines/notices and other types of policing are not sufficient enough to overcome the conflicts of use. • That the intention to build a cycleway is good subject to certain provisos: retention of the hump adjacent to the allotments shown at position A on the maps, as it is considered essential for flood prevention and that a condition is used to prevent motor vehicles using the section of cycleway between Lymbourne Lane and Sid Park Road. • Concerns are raised about encroachment in to the countryside and upon wildlife from the tarmac cycle/footpath. • General concerns has been expressed about the loss of trees alongside the proposed track and specific comments are made by two objectors about the possible removal of an established hazel hedgerow behind Primley Gardens • The additional costs of the development are questioned by two objectors. With a specific comment on this as the paths are already used by walkers and cyclists and that not very many cyclists currently use the facility. It is suggested that the money could be better spent on other community facilities. • Suggest not building the section of cycleway behind Livonia Road and instead diverting the route – on road between Livonia Road and Coulsdon Road. • Concerns that the 3 metre width of the path behind Livonia road is excessive but recommends extending the path on the river side. • Would have a negative effect upon the quiet and tranquil nature of the area.

An additional letter makes comments about land ownership which is not a material planning consideration for this application.

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:

Regional Planning Guidance for the South West: RPG10 (September 2001) : Policies EN1 (Landscape and Biodiversity); EN3 (Historic Environment); EN4 (Quality in the Built Environment); EN5 (Health, Education, Safety and Other Social Infrastructure); TRAN10 (Walking, Cycling and Public Transport); and RE1 (Water Resources and Water Quality).

Devon County Structure Plan 2001-2016 (Adopted October 2004) : Policies ST1 (Sustainable Development); CO1 (Landscape Character and Local Distinctiveness); CO6 (Quality of New Development); CO7 (Historic Settlements and Buildings); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO13 (Protecting Water Resources and Flood Defence); TR7 (Walking and Cycling); and TO6 (Public Rights of Way).

East Devon Local Plan, to 2011 Revised Deposit (Adopted July 2006) : Policies S5 (Countryside Protection); D1 (Design and Local Distinctiveness); D2 (Sustainable Construction); D3 (Access for the Disabled); D4 (Landscape Requirements); D5 (Trees on Development Sites); EN6 (Wildlife Habitats and Features); EN7 (Nationally and Locally Important Archaeological Sites); EN8 (Proposals Affecting Sites Which May Potentially be of Archaeological Importance); EN11 (Preservation and Enhancement of Conservation Areas); EN17 (Maintenance of Water Quality & Quantity); RE5 (Recreation Facilities in the Countryside and on the Coast); C2 (Local Community Facilities); TA1 (Accessibility of New Development); and TA4 (Footpaths, Bridleways and Cycleways).

Emerging planning policy and other policy documents, which may be regarded as a material consideration include:

The Draft Regional Spatial Strategy for the South West: (June 2006): Policies E (High Quality Design); Development Policy G (Sustainable Construction); ENV1 (Protecting and Enhancing the Region’s Natural and Historic Environment); ENV2 (Landscape Character Areas); ENV3 (Protected Landscapes); ENV4 (Nature Conservation) and ENV5 (Historic Environment).

In preparing this report regard has also been had of relevant National Planning Policy Guidance and Statements, in particular: PPS1 (Delivering Sustainable Development); PPS7 (Sustainable Development in Rural Areas); PPS9 (Biodiversity and Geological Conservation); PPG13 (Transport); PPG15 (Planning and the Historic Environment); PPG16 (Archaeology and Planning); PPG17 (Sport and Recreation); PPS25 (Development and Flood Risk ).

6. Highway Considerations

The proposal would provide a formal cycle route between Sidford & Sidmouth in an attractive riverside location that will link to the National Cycle Network and Sidmouth College (supporting the SUSTRANS initiative ‘Safer Routes to Schools’). Widening of the path in sections along the route will enable the route to safely accommodate both cyclists and pedestrians. Widening travel choice along this route would support key aims of the Devon Local Transport Plan (2006-2011) priorities of which are to complete the Sid Valley cycle route as well as Devon Structure Plan Polices 2016, ST1 (Sustainable Development), TR7 (Walking & Cycling) and the National Policy guidance in PPG13 (Transport).

7. Sustainability Considerations

In line with National Policy guidance in (PPS13), the Regional Planning Guidance 10 (and the emerging Regional Spatial Strategy) and Devon Structure Plan (2001-2016) Sustainable Development policy ST1 the provision of a new cycle/walkway would promote the use of the sustainable forms of travel. This route would also help to promote a ‘Green Tourism’ as walking and cycling have limited impacts upon the environment and will directly enable more sustainable journeys to work, shopping and education as it provides a mainly off road connection between Sidford and Sidmouth.

The provision of a cycle route and improvements to the pedestrian route also supports principal objectives of the Devon Local Transport Plan (2006-2011) towards improving recreation, leisure and tourism, promoting health and wellbeing and may indirectly support the objectives to tackle Traffic Congestion and Improve Air Quality. 8. Comments/Issues

This proposal to alter and widen an existing footpath to create a formal cycle path and walkway is in accordance with the Devon’s Strategic policies to improve pedestrian and cycle links between settlements and adjacent rural areas TR7 (Walking and Cycling) as well as supporting the Devon Local Transport Plan priorities to complete the Sid Valley cycle route. The advantages of upgrading the existing, well used, local amenity resource should be weighed up against the potential impacts upon nature conservation, local landscape, and the historic environment together with the safety considerations of the dual use of this path.

Nature Conservation & Landscape Issues.

The proposed cycle/walk way is not located within a nationally or locally designated nature conservation or landscape site. Nonetheless the river corridor between Sidford and Sidmouth is recognised as being of significant wildlife, landscape and geomorphologic interest. The East Devon Area of Outstanding Natural Beauty (AONB) is found to the east of the existing footpath running parallel to the river Sid.

Concerns have been raised about the loss of natural habitats including trees, vegetation and important hedge banks along areas where widening of the existing footpath is proposed. In particular, the sections of the path running alongside Sidmouth College and at the back of properties found on Primley Gardens where hedges interspersed with trees are important both in landscape terms and for their biodiversity. To minimise and prevent damage to these in line with Structure Plan Policy (2006-2011) C09 (Biodiversity & Earth Science) & East Devon Local Plan Policy D5 (Trees on Development Sites) it is recommended that details are required on how trees along the entire route will be protected during construction works and that, where necessary, these sections of the track are extended into the field rather than towards the hedgerow.

The section of the route that runs adjacent to Livonia Road has important semi-natural habitats in the form of hedgerows and banks as well as being highly attractive; it is recommended that the width of the cycle track should be kept to a minimum in this section. It is also recommended that in order to mitigate against any impacts the track may have upon wildlife that, where possible, verge and hedgerows are enhanced by additional planting. In order to prevent any harm to birds it is also recommended that any clearance of trees, shrubs and vegetation should take place outside the bird nesting season.

The Environment Agency has raised specific concerns about the new bridge proposed over the Wool Brook stating this would result in the loss of a bank side habitat. To address these concerns and to improve the appearance of the existing bridge, it is recommended that revised drawings are submitted which remove both the bridge and cycle track that links to the proposed bridge and that detailed designs to alter or replace the existing bridge shall be agreed with the County Planning Authority before the development commences.

In landscape terms the proposed cycle/walkway is located on the western side of the floor of the River Sid. The area is made up of pastoral farmland crossed by hedges that separate the fields. Intermittent lines of trees, often Alder and Ash, commonly run alongside the river Sid and sections of the proposed path. Agreement should also be made about which trees should be removed along side the route in order to protect the integrity of this feature. For most of its length the path runs along the edge of an urban development to the west. It is important that the detailed design of the path reflects the context and does not result in an unacceptable suburbanisation of this green valley.

To ensure that the special landscape character of this area is retained and enhanced, in line with Structure Plan Policy CO1(Local Landscape & Distinctiveness) and that the proposal helps to conserve and enhance the natural beauty of the nearby AONB, Devon Structure Plan Policy C03 (Areas of Outstanding Natural Beauty) the following changes to the proposal are recommended: the track has a bound gravel surface dressing (with different coloured natural stones used in the pedestrian and cycle sections) and a timber edging, a loose gravel surface is used in Margaret’s meadow and along sections J and K1 of the link to Fortescue – (as both these paths are located in the central area of the valley floor of the River Sid); detailed design of the proposed: surface treatment to the track, signage, design and materials used for gates, fencing and other furniture, the bridge/s.

There is no lighting proposed as part of the scheme.

Historic Environment

There is a potential for palaeoenvironmental and preserved archaeological remains to exist within the River Sid valley. To ensure that any discovered artefacts are recorded, in line with Devon Structure Plan Policy CO8 (Archaeology), it is recommended that a condition is used that requires agreement of a written scheme of investigation outlining a programme for archaeological work prior to the commencement of development.

To ensure that the character and appearance of the Conservation Area is preserved and enhanced the detailed design of the on-road section of cycleway at Sidford should be agreed with the County Planning Authority prior to the commencement of development.

Safety for users

The Public Rights of Way Improvement Plan (2005) identifies that there is little evidence of actual conflict on multi-use routes in Devon. It also states that most conflict that does occur results from behaviour of the users rather than environmental factors such as path width and surface condition. In light of this it is considered that the proposal in the shared sections to extend the width of the track to 2.5 and 3.0 metre would adequately support the dual use by cyclists and pedestrians. Clearly marking the surfacing to show where pedestrians and cyclists can go (as recommended earlier in this report) would help to minimise conflict along this route. In order to address the problems associated with the behaviour of users, notices (placed at either end of the route) that set out responsible behaviour to be adopted by users can be required through a condition.

9. Reasons for Recommendation/Alternative Options Considered

The Committee has the option of approving, deferring or refusing this planning application. It is recommended that subject to the imposition of conditions set out in this report, which would ensure that the alterations and extension of the path for cycle and pedestrian use will fit in with their context in this distinct local landscape, reduce and mitigate effects upon local wildlife and minimise potential conflicts by users of the path, that the proposal is granted planning permission.

Electoral Division: Sidmouth Sidford Edward Chorlton

Local Government Act 1972

List of Background Papers

Contact for enquiries: Malcolm West

Room No. ABG, Lucombe House

Tel No: (01392) 382867

Background Paper Date File Ref.

Casework file Current 07/1145/CM

hs110507dca sc/cycleway-walkway 4 hq 290507 f Appendix II To EEC/07/148/HQ

Section Descriptions (To be read in conjunction with attached Scheme Plan)

A. 170 metres of existing paved footway to be marked as a segregated, shared, 3 metre width cycle/footway. Delineated with line to diagram 1049.

B1. Proposed 60m segregated, separated, 2 metre width cycleway to be constructed. New cycleway bridge to be constructed.

B2. 60 metres of existing footway to be maintained.

C1. 210m of existing footway proposed as segregated, separated cycleway, 2 metre width (minimum) varies. Careful trimming of existing hedgerows.

C2. 210m of segregated, separated footway, 2 metres width to be constructed with a gravel surface, in Margaret's Meadow.

D. 150 metres of existing footway to be widened to 3.0 metre shared cycleway/footway.

E. 130 metres of un-segregated, shared cycleway/footway constructed by widening existing footway and trimming vegetation to achieve minimum 3.0 metre width, where possible, without permanently damaging vegetation.

F. 325 metres of segregated, shared cycleway/footway constructed by widening existing footway. Existing footway widened by trimming vegetation to achieve 3.0m width where possible and 2.5m minimum.

G. 280 metres of existing footway to be widened to 3.0 metres for shared cycleway/footway.

H & I. 250 metres of new un-segregated, shared cycleway/footway, 3.0 metres wide, constructed parallel to Byes Lane separated by existing earth mound.

J. 120 metres of un-segregated shared cycleway/footway constructed by widening existing footway. Widened by trimming vegetation to achieve minimum 2.5 metre width. Gravel surface.

K1. 125 metres of new segregated, shared cycleway/footway, 3.0 metre width, constructed to the north of the existing field fence. Gravel surface. Maintain existing bridge with right of way for pedestrians. Grub up existing stone path and soil/seed.

K2. 35m of new 3m width shared cycle/footway to new line.

L. Existing segregated, shared cycleway/footway, connecting to Sidford Road via new housing development.

M. Provide lockable gate in chain link fence on Sidmouth College field boundary. Consider if widening 10m length either side of gate can be achieved.

N. 160m of on-road cycle route. Provide suitable road markings/signs.