Committee Report: 06-May-2014

EXMOOR NATIONAL PARK PLANNING COMMITTEE

Application 62/11/14/002 Grid Ref. 275751 147723 No: Applicant: Mr J Gurney, National Trust, The Rangers Office Hunters Lodge Parracombe, Barnstaple, Devon Location: Wilsham Woods, Rockford, Brendon, Lynton, Devon Proposal: Application under Regulation 4 of the Town and Country Planning General Regulations 1992 for the proposed replacement of a footpath (112m x 2m). (Full) Introduction: This application seeks planning permission for the replacement of a section of public footpath 220FP14 which runs through Wilsham Woods and along the bank east of the East Lyn River at Rockford. The path is accessed via a footbridge from the south west and land rises steeply eastwards.

The existing path lies within Flood Zones 2 and 3. A section has been closed since the beginning of the year due to a recent landslip and other sections have been under cut and are under threat of being lost. Under the proposed plans a 112m x 2m section of new path would be created on higher land approximately 5m east using cut and fill techniques.

The site is designated SAC (Exmoor Oakwoods), SSSI (Watersmeet) and Section 3 Woodland.

The site is owned by the National Trust and the work would be carried out by Exmoor National Park Authority. Planning permission is required because the works are away from the definitive route.

Consultee Response: BRENDON & COUNTISBURY PARISH COUNCIL: The following observation should apply that the severity of gradients be limited. It has come to the attention of the council that warning signs are being ignored. DCC - HIGHWAYS: No comment received NORTH DEVON COUNCIL: No observations. NATURAL ENGLAND: No further comments received. WILDLIFE CONSERVATION OFFICER - ENPA: No ecological concerns. TREES AND WOODLANDS - ENPA: The proposed development will undoubtedly necessitate the removal of a number of trees within the woodland however the impact is no more than a standard forest operation and acceptable given the benefits that will arise from creating a more stable public access route. ENVIRONMENT AGENCY SOUTH WEST: No objections. ROW AND ACCESS - ENPA: This public footpath has been closed since the beginning of the year due to the path being eroded by thethe river and is now the subject of a 6 month closure until these works are completed. From the access point of view, this is an important and well used path which we would like to see reopened as soon as possible. The proposed works seek to find a long term solution on a path where slippage will no doubt continue to be an issue. By moving the path back from the river bank, it is being

62/11/14/002 06 May 2014 EXMOOR NATIONAL PARK PLANNING COMMITTEE positioned in a more secure and sustainable location which hopefully will avoid the need for future closures and works.

I am therefore fully supportive of the proposals. I have consulted with Devon County Council rights of way staff and it seems probable that this alteration to the line of the public footpath will require a public path order to divert the public footpath. I would be happy to process this alongside several other orders that are required on National Trust land in the near future. Public Response:

None to date.

Most Relevant Development Plan Policies: EXMOOR NATIONAL PARK LOCAL PLAN 2001-2011

LNC1 General National Park Policy LNC3 Landscapes covered by Section 3 Conservation Map LNC4 Important Trees, Woodlands and Hedgerows LNC9 Sites of International Nature Conservation Importance LNC10 Sites of Special Scientific Interest LNC11 Sites of Local Nature Conservation Importance LNC14 Protected Species and Habitats CBS12 New Development A1 Agricultural and Forestry Development U7 Flood Risk Areas – Location of New Development U8 Reduction of Flood Risk from New Development TR12 Public Rights of Way

EXMOOR NATIONAL PARK DRAFT LOCAL PLAN (NOVEMBER 2013) GP1 Achieving National Park Purposes and Sustainable Development CE-S2 Biodiversity CE-S7 Design and Sustainable Construction Principles CC-D1 Flood Risk RT-D12 Access Land and Rights of Way

The National Planning Policy Framework (NPPF) is also a material planning consideration.

Observations: The main planning considerations in this case are considered to be the potential impact on biodiversity, landscape and amenity.

Natural England consented to the proposed development in February this year and the relevant correspondence was provided with the application. Natural England advised that the spreading of spoil down-slope would not be regarded as good practice and use of more than trivial amounts of excess spoil should be used on the new route. The applicant confirmed that any spoil would be incorporated into the new path and that physical measures such as netting will ensure that loose spoil does not fall into the river.

62/11/14/002 06 May 2014 EXMOOR NATIONAL PARK PLANNING COMMITTEE No concerns were raised by the Environment Agency or the National Park Authority’s Wildlife and Landscape Officers.

The Trees and Woodlands Officer stated that the impact of the loss of a number of trees is no more than a standard forest operation and acceptable given the benefits that will arise from creating a more stable public access route.

Policy TR12 of the Local Plan and Policy RT-D12 of the Draft Local Plan seek to safeguard public rights of way. This section of the footpath has been closed to the public since the beginning of the year. The Public Rights of Way Officer fully supports the proposed work stating, “this is an important and well used path which we would like to see reopened as soon as possible. The proposed works seek to find a long term solution on a path where slippage will no doubt continue to be an issue. By moving the path back from the river bank, it is being positioned in a more secure and sustainable location which hopefully will avoid the need for future closures and works.”

Brendon and Countisbury Parish Council supports the application but stated that the severity of gradients should be limited and that the existing signage is being ignored by walkers. Steep sections joining the existing path are unavoidable given the higher siting of the proposed path however the Rights of Way and Access Manager has stated that the gradient will be as gentle as is possible.

The proposed development is judged to accord with the second purpose of the National Park (outlined under Policies LNC1 of the Local Plan and GP1 of the Draft Local Plan) to promote opportunities for the understanding and enjoyment of its special qualities by the public.

A grant of planning permission is recommended.

Recommendation: Approve subject to the following conditions 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby permitted shall not be carried out except in complete accordance with the details shown on the submitted plans WW1, WW3 and WW4 date stamped 14th March 2014.

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 development accords with the approved plans.

Notes to Applicant:

MONITORING OF DEVELOPMENT

62/11/14/002 06 May 2014 EXMOOR NATIONAL PARK PLANNING COMMITTEE

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 fourteen days notice of the commencement 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].

CONDITIONS AND INFORMATIVES AND THE SUBMISSION OF FURTHER DETAILS

Please check all the conditions and informatives attached to this Decision Notice. Please ensure that works comply with the approved plans so as to avoid the possibility that works are unauthorised and liable for enforcement action.

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 has introduced a process whereby it is now possible to apply for a non- material amendment to a permission. This can address changes to plans which do not fundamentally alter the form of permission but are a variation to the approval. The relevant form is available from Exmoor House or from the National Park Authority’s website. Applications can be made via the Planning Portal.

APPEAL INFORMATION

If you want to appeal against your Local Planning Authority's decision then you must do so within 6 months of the date of this notice.

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Site Map Reproduced from an Ordnance Survey map with the permission of the 1:2500 Controller of HMSO © CrownCopyright reserved. Licence No 100024878

Planning Application No 62/11/14/002

Planning Application Site