EEC/11/50/HQ Development Management Committee 16 March 2011

County Council Development: District: Proposed Construction of the National Cycle Network Route 9, Connect 2, Town Quay to Hackney Marsh, including bridge over the Applicant: Parsons Brinckerhoff Ltd on behalf of County Council Application No. 10/03921/DCR3 Date application received by the County Council – 9 December 2010

Report of the Executive 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 planning permission be granted subject to the planning conditions set out in Appendix II to this Report.

1. Summary

1.1 This Report relates to a planning application for a new cycle/walkway between Town Quay to Hackney Marsh, Newton Abbot, including a new bridge over the River Teign.

1.2 It is considered that the main material considerations in the determination of this application are the potential impact of the development on nature conservation interests; archaeology; landscape; flood defences; the proposed closure on race days; minimising disturbance during construction; and overall sustainability considerations.

2. Background/Proposal

2.1 The proposed scheme begins in the Town Quay area of Newton Abbot, in the north-west part of the Brunel Road Industrial Estate. It would cross the River Teign on a new bridge south from the existing rail bridge from Forde Road, and continue under the rail bridge and onto land on the southern extremity of Newton Abbot Racecourse. The route would pass across the end of the existing flood defence earthwork bund and along the foot of the railway embankment.

2.2 The route would join with the existing public right of way at the north eastern end of the racecourse in the area of the Hackney Marshes Local Nature Reserve. The existing footpath, which runs along the western edge of the reserve, is to be upgraded as part of the NCN2 route linking with via the A383 at the north western edge of the reserve. Continuing eastwards the overall scheme will use the existing footpath as it passes under the railway bridge and follows the towpath on the northern side of the old , and then it will continue under the bridge and continue to the Passage House Hotel.

2.3 The proposed bridge over the River Teign is designed to be a high quality landmark feature, and would be 82 metres long, with associated ramps to gain access up onto deck level. The bridge would be a cable stayed steel structure, 3m wide between 1.4m high parapet posts. The mast which is proposed to be on the northern bank, will be about 23m in height above the existing ground level. The steel sections are to be painted in a colour still to be agreed in order to minimise visual impact. It is proposed that the bridge, the ramps, and the underpass through the railway bridge arch would be lit with low level lighting directed at the cycleway surface.

3. Consultations

3.1 Teignbridge District Council (Environmental Protection) - no objections to the proposal subject to the imposition of conditions relating to the production of Construction Environment Management Plan.

3.2 Teignbridge District Council (Planning) – strongly supports the proposal because of the recognised positive benefits to sustainable travel objectives, health and fitness, safety for cyclists and to tourism.

3.3 Natural - no objections to the proposal subject to the imposition of conditions relating to bat flyways.

3.3 RSPB – views awaited.

3.4 Environment Agency - no objections subject to the imposition of conditions relating to the protection of controlled waters.

3.5 Devon Wildlife Trust – no comment.

3.6 Network Rail – no objections subject to the imposition of conditions relating to the safe operation of the railway and the protection of its adjoining land.

4. Representations

4.1 This Application has been advertised in accordance with the statutory publicity requirements, and as a result of these procedures 30 letters of representation have been received.

4.2 Of these 30 letters, all are in support of the proposal on the grounds of increased safety for cyclists; sustainable travel; reduction of the volume of cars on local roads; green/eco tourism; benefits to the local businesses; business opportunities; safety; health benefits; commuting; and, enhancement of the local area.

4.3 A letter of representation has been received from Pilkington Marine Engineering (a business that relies on the ability of watercraft to reach Town Quay) seeking clarification that the height of the new cycle/ walkway bridge would not restrict their ability to operate as a boat yard and marine engineering business. Following discussion with the Applicant, the representatives of Pilkington Marine Engineering were satisfied that they would have sufficient river access to the quay.

4.4 A further area of concern raised by Pilkington Marine Engineering related to the requirement by the owners of Newton Abbot Racecourse for the proposed cycleway/walkway to be closed during race hours.

5. Planning Policy Considerations

5.1 In determining this application the County Planning Authority is required to have regard to the provisions of the Development Plan. 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, which can include emerging policies, indicate otherwise. In this case the relevant Development Plan policies are summarised in Appendix I to this Report, and the most relevant are referred to in more detail in Section 6 (Comments/Issues).

6. Comment/Issues

6.1 It is considered that the main material considerations in the determination of this application are the potential impact of the development on nature conservation interests; archaeology; landscape; flood defences; and the proposed closure on race days; minimising disturbance during construction; and overall sustainability considerations.

Nature Conservation Interests

6.2 Natural England welcomes this initiative to provide people with more access to the countryside and to provide alternative routes for sustainable transport, and comments that it should help enhance the green infrastructure plans being put forward for the Newton Abbot area in the ‘Heart of Teignbridge Green Infrastructure Strategy’.

6.3 The Teign river corridor has been identified as a particularly important flyway for Greater Horseshoe bats and hence of major importance for the Special Area of Conservation European site. It is therefore considered necessary, in the event of planning permission being granted, to include a clause in the condition requiring a Construction Environmental Management Plan, to ensure that construction work does not take place after dark using lights, particularly during the main flight periods of May to October.

Archaeology

6.5 The proposed development lies within an area of archaeological and palaeoenvironmental potential. It is therefore considered appropriate in this case in the event of planning permission being granted to impose a planning condition requiring a programme of archaeological work in accordance with a written scheme of investigation to ensure that an appropriate record is made of archaeological evidence that may be affected by the development.

Landscape

6.6 It is considered that the proposed bridge has a simple elegant form that will have a positive landscape impact. With regard to the proposed landscape planting, it is considered that the use of beech in the screen planting mix is uncharacteristic within a floodplain, as beech cannot tolerate water-logging, and it will tend to shade out other plants. A suitable substitute would be field maple (which is acceptable to Network Rail). Furthermore, in order to seek to enable the facility to be used on race days, the Applicant is encouraged to consider year-round screening, to include willow walls using native grey or goat willow.

6.7 Therefore, in the event of planning permission being granted, suitably worded conditions can be imposed to cover proposed colours and materials of the bridge and bridge parapets, and details of landscape planting to mitigate the loss of vegetation already removed (or proposed for removal), and to provide a more effective screen to the racecourse. Such enhanced planting would be of benefit to the local landscape, and screening some unsightly elements of the railway land, as well as enhancing local biodiversity.

Proposed Closure on Race Days

6.8 The owner of the racecourse has only agreed to use of his land if the cycleway is closed on each race day before the first race, and to be re-opened after the last race. The timetable of the race fixtures for 2011 indicates that of the 18 meetings, 13 would be held on weekdays (2 evening meetings between 1800 hours and 2040 hours, and 11 afternoon meetings between 1350 hours and 1720 hours); and 5 meetings at weekends (between 1400 hours and 1720 hours). The owner of the racecourse has agreed to control the opening and closing of the gates during these hours, and to provide sufficient information online and at both entrances informing the public of when the gates would be closed.

6.9 The owner has agreed to undertake the closure of the cycle/walkway on the racedays as described in paragraph 6.8 above, and this will be provided for in the long lease agreement to be granted to this Authority. However, this requirement may be able to be reviewed once the hedge running along the side of the cycleway, has become established.

Minimising disturbance during construction

9.10 Teignbridge District Council’s Environmental Protection Officer has no objections to the proposal subject to the imposition of conditions requiring a Construction Environment Management Plan. In the event of planning permission being granted it is considered necessary to do this, in particular to control the hours of construction, and the importation of any construction materials. In addition it will be necessary to ensure that any requirement for night time lighting is agreed in advance in consultation with Natural England in order to minimise any potential disturbance to foraging bats.

Sustainability Considerations

6.11 's Strategic Plan seeks to promote green travel, to improve roads, and to reduce congestion. It is maintained that Green Travel will be encouraged by this development (along with the potential for reduced congestion), and will lead to increased health and wellbeing of both local people and visitors to the area. Devon Structure Plan Policy TR7 states that walking and cycling will be improved by pedestrian and cycle links between settlements and adjacent rural area. This scheme therefore helps towards the delivery of this policy

7. Reasons for Recommendation/Alternative Options Considered

7.1 The Committee has the option of approving, refusing or deferring this planning application. It is considered that the development should be approved subject to conditions set out in Appendix II to this Report.

Stewart Redding County Development Manager

Electoral Divisions: Kingsteignton; Newton Abbot North; Newton Abbot South; Teign Estuary

Local Government Act 1972: List of Background Papers

Contact for enquiries: B. Grubb

Room No: ABG Lucombe House

Tel No: 01392 382434

Background Paper Date File Ref.

Casework file December 2010 10/03921/DCR3

bg280211dma sc/cr/town quay to hackney marsh 03 hq 080311

Appendix I To EEC/11/50/HQ

Planning Policy Considerations

The statutory planning context relevant to the proposed Scheme comprises: National Planning Policy Statements (PPSs), Planning Policy Guidance notes (PPGs); South West Regional Planning Guidance 10 (RPG10); the Teignbridge District Council Adopted Local Plan (1989-2001) and the Devon Local Transport Plan (2006-2011).

National Planning Policy

Planning Policy Statement 1: Delivering Sustainable Transport; Planning Policy Statement 5: Planning for the Historic Environment; and Planning Policy Statement 25: Development and Flood Risk

Devon Structure Plan

Policies ST1 (Sustainable Development); CO1 (Landscape Character and Local Distinctiveness); CO6 (Quality of New Development); CO10 (Protection of Nature Conservations Sites and Species); CO13 (Protecting Water Resources and Flood Defence); TR1 (Devon Travel Strategy); TR2 Co-ordination of Land-Use/Travel Planning); TR5 (Hierarchy of Modes); TR7 (Walking and Cycling); and TO6 (Public Rights of Way).

Regional Planning Policy

South West Regional Planning Guidance 10 (RPG10)

Local Planning Policy - Teignbridge District Council Adopted Local Plan (1995-2001)

Policy T19 relates to the provision of adequate pedestrian access; Policy 28 relates to the provision of adequate and attractive cycling access; Devon Local Transport Plan (2006-2011); Policy 4: Promoting Sustainable Modes of Travel; Policy 6: Walking and Cycling; and Policy 7: Long Distance Recreational Footpaths and Cycle Routes.

Appendix II To EEC/11/50/HQ

Planning Conditions

1. The development shall commence within 3 years of the date of this permission.

REASON: To comply with Section 91 of the Town and Country Planning Act of 1990.

2. Unless otherwise agreed in writing by the County Planning Authority, the Development shall be carried out in strict accordance with the details shown on the planning application drawings.

REASON: To ensure the development is carried out in accordance with the approved details.

3. Unless otherwise agreed in writing by the County Planning Authority no clearance of vegetation shall be carried out in connection with the development between 15 March and 31 August inclusive in any year.

REASON: In order to protect nature conservation interests and to ensure any protected species found at the site are adequately protected.

4. Prior to the commencement of development, full details of the proposed colours and materials of the bridge and bridge parapets shall be submitted to and approved in writing by the County Planning Authority. The bridge and parapets shall be painted in the approved colours, and shall be maintained to an appropriate standard.

REASON: To protect the character and appearance of the local landscape.

5. Unless otherwise agreed in writing by the County Planning Authority, prior to the commencement of development, a detailed landscaping scheme shall be submitted to and approved in writing by the County Planning Authority. The development shall be carried out in strict accordance with the approved details, or as otherwise agreed in writing by the County Planning Authority.

REASON: To enhance the character and appearance of the local landscape.

6. Prior to the commencement of development, details of the materials for fencing and gates shall be submitted to and approved in writing by the County Planning Authority. The development shall be carried out in strict accordance with the approved details, or as otherwise agreed in writing by the County Planning Authority.

REASON: to ensure that the development is in keeping with the character and appearance of the local area.

7. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the County Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the County Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with.

REASON: To protect controlled waters and to ensure any contamination on site is adequately dealt with in the interest of public health and safety and to protect the wider environment.

8. Unless otherwise agreed in writing by the County Planning Authority, prior to the commencement of development, the following components of a scheme to deal with the risks associated with contamination of the site shall each be submitted to and approved in writing, by the County Planning Authority:

(a) a preliminary risk assessment which has identified all previous uses; potential contaminants associated with those uses; and a conceptual model of the site indicating sources, pathways and receptors potentially unacceptable risks arising from contamination at the site.

(b) a site investigation scheme, based on (a) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site.

(c) the site investigation results and the detailed risk assessment (b) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken.

(d) a verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Unless otherwise agreed in writing by the County Planning Authority, the scheme shall be implemented as approved.

REASON: To ensure any contamination on site is adequately dealt with in the interest of public health and safety, to protect controlled waters, and to protect the wider environment.

9. Prior to the commencement of development (or such other date or stage in development as may be agreed in writing with the County Planning Authority), details of the ditch enhancement proposals shall be submitted to and approved in writing by the County Planning Authority.

REASON: To ensure the necessary enhancement of the ditch.

10. Unless otherwise agreed in writing by the County Planning Authority, a 1.8 metre high trespass resistant fence shall be erected parallel to, but separate from the railway fence, in accordance with details that shall previously been submitted to and approved in writing by the County Planning Authority.

REASON: In the interests of public safety.

11. Prior to the commencement of each phase development, a Construction Environment Management Plan (CEMP) detailing the management of construction activities and traffic on each phase shall be submitted to and approved in writing by the County Planning Authority. The scheme shall include the maximum size of vehicles to be used; the methods of traffic control at the site; the routing of vehicles to and from the site; the details and location of contractor’s compound; hours of construction work; and, hours of deliveries.

The development shall be carried out in accordance with the approved details, or as otherwise agreed in writing by the County Planning Authority.

REASON: To minimise impacts air quality, to protect the living conditions of nearby residents, and to minimise the impacts on nature conservation interests.

12. No work shall be carried out on the development site that may endanger the safe operation of the railway or the stability of Network Rail’s structures and adjoining land. There shall be no additional or increased flows of surface water discharged onto Network Rail land or into Network Rail's culvert or drains, and no soakaways shall be constructed within 10 metres of Network Rail's boundary.

REASON: To maintain the safe operation of the railway and in the interest of the long-term stability of the railway.

13. Unless otherwise agreed in writing by the County Planning Authority, no development shall take place until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted and approved in writing by the County Planning Authority.

The development shall be carried out at all times in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the County Planning Authority.

REASON: To ensure that an appropriate record is made of archaeological evidence that ay be affected by the development.

14. Unless otherwise agreed in writing by the County Planning Authority, before development commences, an updated ecological survey and an ecological mitigation and implementation plan, shall be submitted to and approved in writing by the County Planning Authority.

REASON: In order to protect nature conservation interests and to ensure any protected species found at the site are adequately protected.

15. Unless otherwise agreed by the County Planning Authority, before development commences, full details of signage (to include the provision of Heritage interpretation/information boards), lighting, balustrading and walkways shall be submitted to and approved in writing by the County Planning Authority.

The development shall be carried out at all times in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the County Planning Authority.

REASON: In order to promote and interpret the cycle/walkway. Appendix III To EEC/11/50/HQ

Proceeding of the Committee Site Visit and Meeting held on 9 February 2011

1. Summary

The Site Visit was undertaken on the morning of Wednesday 9 February 2011 with the Development Management Committee Members, Councillors McInnes, Wragg and Knight , who were accompanied by officers of the Environment, Economy and Culture Directorate, together with representatives of Pilkington Marine Engineering.

2. The Site Meeting

The site meeting was held on the northerly bank of the River Teign, opposite Town Quay. The meeting was attended by Mr J and Mr M Pilkington, of Pilkington Marine Engineering, (located at Town Quay, Forde Road, on the southerly bank of the River Teign). Councillor McInnes opened the meeting and thanked those present for attending. He commented that the Members would not be making any decision on the application today, but that this was an opportunity to hear local views and to learn.

The Officers briefly explained the scheme, pointing out the position of the proposed bridge over the River Teign, and its route under the railway line.

Messrs Pilkington explained the potential impacts of the bridge structure on their marine business, and their concerns that the new bridge should not restrict their ability to operate as a boat yard and marine engineering business.

The Chairman then requested questions from Members, to which there were none.

It was agreed that Members meet later with the representatives of Pilkington Marine Engineering on the Town Quay side of the River Teign to view the application site and discuss the Pilkington’s concerns further.

3. The Site Visit

Following the conclusion at the Site Meeting, Members accompanied by Officers inspected the site. With the aid of the application drawings, Officers pointed out the salient features of the application, noting the location of the new bridge; the route of the cycleway/walkway under the railway bridge; the route of the cycleway/walkway in relation to the racecourse; and the proposed drainage/culverting system.

Members were taken to Town Quay to view the proposal from the southern side of the River Teign, and to discuss further the concerns held by Pilkington Marine Engineering. It was agreed that Officers would request additional datum information from the Applicant in order to confirm bridge clearances.

Following the meeting the Members did not wish to make a recommendation back to next Committee and required Officers to make a report which addressed the issues raised at the Site Meeting and the subsequent Site Visit.

4. Subsequent Site Visit on 15 February 2011

On the afternoon of Tuesday 15 February 2011, Councillor Walters (the local County Councillor and Member of the Development Management Committee) visited the site. He was accompanied by Officers of the Environment, Economy and Culture Directorate.

The second site visit followed the same route and approach as that carried out on 9 February. Councillor Walters noted the potential for flooding of a portion of the application site, and sought clarification on views of the Environment Agency on the application. It was confirmed that it was happy in principle, subject to the submission of ditch enhancement proposals being agreed. Councillor Walters also asked for clarification on the amount of materials being brought onto site and the routes to be used. This was later confirmed by the Applicant who stated that the aim was for an earthworks balance with what material was being brought onto site being via the Network Rail yard, along Town Quay, and via the tracks on both sides of the racecourse.