(Public Pack)Agenda Document for West Devon Development

WEST DEVON DEVELOPMENT MANAGEMENT AND LICENSING COMMITTEE - TUESDAY, 28TH FEBRUARY, 2012

Agenda, Reports and Minutes for the meeting

Agenda No Item

1. Agenda Letter (Pages 1 - 6)

2. Reports

Reports to P&L;

a) Planning Applications & Enforcement Reports Northern Area (Pages 7 - 100)

b) Planning Applications & Enforcement Reports Southern Area (Pages 101 - 114)

c) Planning Appeals Update (Pages 115 - 116)

d) Delegated Decisions (Pages 117 - 132)

3. Minutes (Pages 133 - 148)

A G E N D A – PLANNING & LICENSING COMMITTEE – 28th FEBRUARY 2012

PART ONE – OPEN COMMITTEE

1. Apologies for absence

2. Declarations of Interest Members are reminded to declare any personal or prejudicial interests they may have in any items on this agenda.

3. Items Requiring Urgent Attention To consider those items which, in the opinion of the Chairman, should be considered by the Meeting as matters of urgency (if any).

Page 4. Confirmation of Minutes Meeting held on 31st January 2012 7

5. Planning Applications & Enforcement Reports

Area Index 12 (i) Northern Area 14 (ii) Southern Area 61

6. Planning Appeals Update 75

7. Delegated Decisions 77

PART TWO – ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PUBLIC AND PRESS ON THE GROUNDS THAT EXEMPT INFORMATION MAY BE DISCLOSED (if any). If any, the Committee is recommended to pass the following resolution:-

RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting on the grounds that exempt information is likely to be disclosed as defined in the paragraphs given in Part I of Schedule 12(A) to the Act.

This document can be made available in large print, Braille, tape format, other languages or alternative format upon request. Please contact the Committee section on 01822 813662 or email [email protected]

1 West Devon Borough Council Members’ Code of Conduct Declarations of interest

If you are in any doubt about what to do, please seek advice

Do you have an interest A Personal interest is one that: in any item?  you should include on your Register of Interests or  where well-being or financial position of you, members of your family or someone with whom you have a close association is likely to be Is it a Personal affected by the interest more interest? than it affects:  majority of inhabitants of the ward or electoral division affected by the decision, or  inhabitants of the Council’s area

If you have a Personal interest you must declare it (andPeople the in nature the area of include the Interest those ) at the meeting before the matter is discussed or as soonwho aslive, you work become or have aware a property of it, unless an exemption applies (see over page). in the Borough.

You will also have a PERSONAL If you have a Personal interest you may still takeinterest part ifin your the partner, meeting relative, and orvote unless the interest is also Prejudicial. A Prejudiciala close interest friend is or a an matter organisation for you to decide. that they (or you) work for is affected more than other people in the Borough. Your personal interest will also be prejudicial if all these Do you have Prejudicial conditions are met: interest?  Matter is not exempt (see over page)  Matter affects your financial interests or relates to a licensing or regulatory matter, and If you have a Prejudicial interest  a member of the public, you must declare it (and the nature who knows the relevant facts, would reasonably ofWest the Devon interest) Borough as soonCouncil as it becomes apparent to you, and think that your personal withdraw from the room where the interest is so significant meeting is being held (unless you that it is likely to prejudice are allowed to make representations your judgement of the public – see over page). interest.

2 Members’ Code of Conduct (see part 5 of the Constitution)

Personal Interests - You will have a personal interest in a matter if: o anything that you should have mentioned in your Register and/or o the well-being or financial position of you, members of your family, or people with whom you have a close association is likely to be affected by the business of the Council more than it would affect the majority of the inhabitants of the ward or electoral division affected by the decision, or the inhabitants of the Council’s area.

Exemption - An exemption applies where your personal interest arises solely from your membership (or position of control/management) on any body to which you were appointed/nominated by the Council or any other body exercising functions of a public nature. In such cases (unless you have a prejudicial interest) you only need to declare your interest if and when you speak on a matter.

Personal Interests include: o Your membership/position of control/management in bodies to which the Council appointed/nominated you, or any bodies exercising functions of a public nature, directed to charitable purposes or whose principal purposes include influence of public opinion or policy, including any political party or trade union; o Your job(s) or business(es), and the name of your employer; o Name of any person who has made a payment towards your election expenses or expenses you have incurred in carrying out your duties; o The name of any person, company/other body which has a place of business/land in the Council’s area and in which you have a shares of more than £25,000/stake of more than 1/100th of the share capital of the company; o Any contracts with the Council between you, your firm or a company (of which you a paid director) for goods, services or works. o Any gift/hospitality estimated to > £25 and the name of the person who gave it to you; o Any land/property in the Council’s area in which you have a beneficial interest (or a licence to occupy) including the land and house you live in, any allotments you own or use. Definitions  “Well-being” - condition of happiness and contentedness. Anything that could affect your quality of life, either positively or negatively, is likely to affect your well-being.  “Member of your family” means a partner (i.e. your spouse/civil partner/someone you live with in a similar capacity), parent/parent-in-law, son/daughter, step-son/step-daughter, child of partner, brother/sister, grandparent/grandchild, uncle/aunt, nephew/niece, or the partners of any of these persons.  Person with whom you have a “close association” means someone with whom you are in close regular contact over a period of time who is more than an acquaintance. It is someone a reasonable member of the public might think you would be prepared to favour/ disadvantage when discussing a matter which affects them. It may be a friend, a colleague, a business associate or someone you know through general social contacts.

Prejudicial Interests - your personal interest will also be prejudicial if you meet conditions set out overleaf.

Exempt categories - you will not have a Prejudicial interest in a matter if it relates to: (a) any tenancy/lease you hold with the Council (unless relating to your particular tenancy/lease); (b) Schools (meals/transport/travelling expenses): if parent/guardian of child in full time education or parent governor (unless relating to the school your child attends); (c) if you are receiving/entitled to statutory sick pay: (d) An allowance/payment/indemnity for members; (e) ceremonial honour given to members and (f) setting the council tax or precept.

Making representations - if you have a Prejudicial interest, you must declare that you have an interest and the nature of that interest as soon as the interest becomes apparent. You should leave the room unless members of the public are allowed to make representations, give evidence, or answer questions about the matter. If that is the case, then you can also attend the meeting for that purpose. However you must leave the room immediately you have finished and you cannot take part in the debate or vote.

Sensitive information You may be exempt from having to declare sensitive information on your Register of interests in which case, although you must declare that you have an interest, you don’t have to give any details about that interest on the register or to the meeting (please speak to the Monitoring Officer about this first). Revised May 2007

3 Planning & Licensing Committee

1. Responsibilities To carry out the Council’s responsibilities for the following areas: a) Planning i) Development Control  Advertisement Control.  Agreements regulating the development or use of land.  Applications by Local Planning Authorities.  Authority to determine whether planning permission required.  Certificates of Lawful use or Development.  Consultations by Crown and Duchy.  Discontinuance of use or alteration or removal of buildings or works.  Electricity Supply Acts Consultations.  Enforcement Control (including Planning Contravention Notices, Requisitions, Breach of Condition Notices, Stop Notices (including temporary stop notices) etc)  General Planning Control including the determination of planning applications (including, where appropriate, site inspections).  Land adversely affecting the amenity of the neighbourhood.  Land Compensation Act 1961, Section 17 - Certificate of Appropriate Alternative Development.  Provisions as to compensation and provisions enabling an owner to require the purchase of an interest.  Responding to Dartmoor National Park, and other neighbouring authority consultations.  Revocation or modification of planning permission.  Telecommunication Mast Applications.  To extinguish/divert public rights of way under the Town and Country Planning Acts and to make representations to other Authorities in relation to their exercise of these powers under that or other legislation.

ii) Conservation - Historic Buildings  Building Preservation Notices.  Compulsory acquisition of buildings in need of repair and related powers.  Historic Building Grants  Listed Building Consents and Conservation Area Consents.  Listed Building Enforcement.  Revocation or modification of Listed Building Consent.  Urgent repairs or works

iii) Community Landscaping  High Hedges  Hedgerows  To comment on consultations by the Forestry Commission.  To offer grant aid for tree surgery to trees of public amenity importance within the financial limits set down in the Council’s estimates.  Tree Preservation Orders and related control and enforcement.

4 iv) Licensing Responsibilities To be responsible for all of the Council’s licensing functions

 To review and recommend to Council the Licensing Statement of Policy, the Gambling Statement of Principles, and the Policy not to permit casinos.  To review and be responsible for all other Licensing Policies  To determine the revocation and suspension of Hackney Carriage /Private Hire Driver or Vehicle Licenses  To determine all licensing applications for all licensing functions (except in relation to the licensing functions under the Licensing Act 2003 and the Gambling Act 2005 see below) to which an objection has been received and not withdrawn or satisfactorily addressed by the applicant;  To determine the revocation of any licence.

Licensing sub-committee a) Licensing sub-committees have the following responsibilities in relation to functions under the Licensing Act 2003:  Applications for personal licences - if there is a police objection  Applications for personal licences with unspent convictions – all cases  Review of personal licences – if there is a police objection  Applications for premises licence/club premises certificate – if a relevant representation is made  Applications for provisional statement – if a relevant representation is made  Application to vary premises licence/club premises certificate - if a relevant representation is made  Applications to vary designated premises supervisor – if police objection made  Applications for transfer of premises licence – if police objection  Applications for interim authorities – if a police objection  Applications to review premises licence/club premises certificate – all cases  Decision to object when Council is a consultee and not relevant authority - all cases  Determination of a police objection to a temporary event notice - all cases

b) Licensing sub-committees have the following responsibilities in relation to the Gambling Act 2005:

 Application for premises licence: if a relevant representation has been made and not withdrawn  Application for a variation to a licence: if a representation has been made and not withdrawn  Application for a transfer of a licence: where representations have been received from the Gambling Commission  Application for a provisional statement: if a representation has been made and not withdrawn  Review of a premises licence  Application for club gaming/club machine permits: where objections have been made and not withdrawn, or where refusal proposed  Temporary use notice: Decision to give a counter notice, or where objection notice received  Fees

5 c) Licensing sub-committees have the following responsibilities in relation to the Hackney Carriage / Private Hire Driver or Vehicle Licenses:

 Review, revocation or suspension of licences v) Local Land Charges  To provide and administer a comprehensive Land Charges system.

2. Budget To have authority for spending within the allocated budget.

3. Performance Management To be responsible for service performance within the remit of the Committee.

4. Fees To keep under review the fees and charges for the Committee’s services where statutory authority exists for the levying of such charges and to levy the same where, in the opinion of the Chief Finance Officer, the levying of such charges will not give rise to a material adverse impact on the overall budget of the Council. In all other circumstances, the Committee to recommend the levying of fees and charges to the Strategies & Resources Committee.

6 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

WARD: Drewsteignton (Cllr P Ridgers)

APPLICATION NO: 01890/2011 LOCATION: Land At NGR SX692962, Spreyton. APPLICANT NAME: Mr Talbot APPLICATION: Full PARISH: Spreyton GRID REF: 269299 96296 PROPOSAL: Proposed agricultural buildings and permanent agricultural workers dwelling CASE OFFICER: Laura Batham TARGET DATE: 14/11/2011

Application withdrawn at applicant’s request. ______

WARD: Lew Valley/Okehampton East (Cllrs J McInnes; K Ball; A Leech)

APPLICATION NO: 01947/2011 LOCATION: Land Adjacent To Baldwin Drive, Radford Way, Okehampton, Devon APPLICANT NAME: Leander Developments APPLICATION: Outline PARISH: Okehampton Hamlets/Okehampton GRID REF: 259975 95664 PROPOSAL: Outline application for school with all matters reserved CASE OFFICER: Anna Henderson-Smith TARGET DATE: 27/12/2011

THIS APPLICATION IS BEFORE MEMBERS TO CONSIDER IN ORDER TO ASCERTAIN WHAT DECISION THEY WOULD HAVE REACHED WERE IT A LIVE APPLICATION – AN APPEAL ON THIS APPLICATION HAS BEEN LODGED BY THE APPLICANT’S ON THE GROUNDS OF NON-DETERMINATION. AS SUCH, THE LOCAL PLANNING AUTHORITY CAN NO LONGER DETERMINE THIS APPLICATION, HOWEVER, THE PLANNING INSPECTORATE WILL WISH TO KNOW WHAT THE DECISION WOULD HAVE BEEN.

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PROPOSAL Outline application for a school.

This application is before committee at the request of Councillor McInnes: ‘My reasons are the strategic nature of the site in the Core Strategy.’

SITE AND SURROUNDINGS The site is located within the Okehampton settlement boundary and comprises an area shown in the adopted and retained local plan as being allocated for a school and an additional adjacent strip of land identified in the Local Plan as being for residential use.

There’s no current development on the site, last known use was for agricultural purposes, the area looks to have been recently worked agriculturally and has a recent addition of post and wire fence on the eastern boundary. The site is currently bounded on three sides by residential development to the north, south and west, (that to the north is still under construction). To the west the site is currently open however this area has an outline permission for residential development and is allocated for housing within the Local Plan under site allocation and policy H4.

There are currently pedestrian links to the site, these currently terminate at the site boundary, these are from Fox Close and Baldwin Drive with a vehicular width access and pavement from Radford Way.

Properties to the south of the application site are set on slightly higher land than the application site itself, they are predominantly bungalows. The boundary on this side is a combination of post and wire fencing with a stone retaining wall behind and a predominantly 1.8m high close board fence above that. Due to the variation in levels the majority of the bungalows which back onto the site which are placed along Baldwin Drive. Radford Way have got windows which look over their rear boundaries and into the application site. Some of the properties in the Howard Close area are chalet style bungalows with first floor accommodation some of these first floor windows are visible from the application site.

The boundary to the west is post and wire fencing with quite a deep margin which has an approximately 2m high predominantly hazel hedge which continues for the full length of the western boundary. There is also a group of large ash trees towards the northern end of this boundary.

The site slopes down towards the northern boundary. There is a very dense boundary to the north of the site with a post and wire fence with a mixture of dense native shrubs and semi-mature deciduous trees, the land also continues to fall in this direction beyond the boundary and the two storey properties on the site currently being developed by Persimmon are set at a lower level than the proposed school site land level. In longer views to the north, the land rises and agricultural fields and Abbeyford Woods are clearly visible as well as longer views out towards North Tawton to the north east. 15 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

CONSULTATIONS Okehampton Hamlets Parish Council: Support the application, ‘it is essential that there are sufficient school places for the expected number of children’.

Okehampton Town Council: Support the application.

County Highways Authority: ‘the Transport Statement makes reference to the earlier application 11590/2008, which was approved, and to the supporting information in respect of traffic and access attached to that application. The statement also makes reference to potential temporary access arrangements via the Persimmon Development, should they be required until such time as the permanent access is available. Given the earlier consent I can confirm that I have no highway objection to the proposal.’

Devon County Council Education: ‘Devon County strongly supports the principle of a primary school to serve the development area on the eastern side of Okehampton, given the anticipated scale of the development of up to 1,400 dwellings. The application site is accessible to both the proposed expansion and existing housing in the part of Okehampton, and is of an appropriate scale to support a two form entry school. In land use planning terms, therefore, the application can be supported, even though it has been proposed without the benefit of the master planning of the whole development area. It is important to recognise that delivery of a primary school to serve the development area on the eastern side of Okehampton will require appropriate contributions from all the proposed development, to cover the cost of the new school including land and buildings. It would be helpful to formalise the level of required contributions and the County Council would welcome the opportunity of discussing this with the Borough Council. In view of the above, the County Council would object to the separate planning application for 9 dwellings on part of the site which is the subject of the school application. The approval of this application would reduce the area of the proposed school site below an acceptable area for a two form entry school and would also impair suitable access for the school site.’

Environment Agency: Following a revised SUDs scheme after an initial EA objection the EA stated that ‘the revised details submitted demonstrate that an appropriate surface water drainage scheme can be achieved for this development. We consider that a condition should be included on the planning permission to ensure delivery of the proposed drainage scheme.

16 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

applied to ensure that we receive the details of the design and future management prior to commencement.

DCC Archaeology: Due to proximity to scheduled ancient monument and Roman Road a survey and watching brief are likely to be required – recommends standard PPS5 condition requiring a written scheme of investigation.

Natural England: Proposal does not appear to affect any statutorily protected sites or have significant impacts upon the conservation of soils nor is it EIA development. NE flagged that the LPA should consider and be mindful of the potential impact upon the designated Dartmoor National Park landscape and that this would not impinge upon the purpose of its designation.

The protected species survey submitted identifies that the European protected species which may be affected by this application are bats and dormice.

Permission may be granted subject to a condition requiring a detailed mitigation and monitoring strategy for dormice.

Countryside Officer: ‘The application 01947/2011 is supported by an original Ecological Impact Assessment (EcIA) from March 2007, supplemented by an update in June 2009 and most recent update in September 2011. This comment is based on the findings of the original and the two supplementary EcIAs. I have made comment below related to dormice, bats and birds, and should you be minded to approve the application, conditions have been detailed (and numbered) under each of the headings.’

Environmental Health: Re amenity - ‘Environmental Health has no objection to this application and I refer you to my comments on app 11590/2008 as below’.

Any site investigation/impact assessment of current use and intended use of surrounding area to be developed, (not available for consideration at this time) should look generally at environmental health issues for any impacts on nearby residential use, also any blight it may have on nearby industrial use (ie. there are probably some heavy industrial uses you would not want it next to (e.g. Quarry, scrap yard, noisy outdoor operations). Floodlighting could be an issue? With regard to housing and prospective buyers of new build then if you buy next to a school then one can expect a certain amount of noise. However, to preserve the amenities of the area and the nearby residential properties, in general terms e.g. It should be ensured, as far as is reasonably possible, that play areas and boundaries are designed/located to minimise impact on adjoining dwellings, outdoor lighting is designed / located to avoid intrusion affecting adjoining dwellings etc.

There have been several complaints to this department from residents about the development of homes to the north of this site, mainly from noise and dust. The 17 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

complaints were resolved informally but it would be appropriate that when considering the application for full planning permission that the mitigation of noise and disturbance during development will be a requirement of consent e.g. hours of working’

Re contaminated land: In the Preliminary Ground Investigation Report (2005) submitted as part of the above application there are several recommendations included. Thus conditions are recommended based on these. These will be necessary to require further investigation in relation to, namely, ground gas monitoring from the nearby landfill site and possible contamination from an ex- poultry farm close to the site. Also requests standard contaminated land condition re contamination not previously identified.

South West Water Services: no comments received

DNP Authority: no comments received

Local Residents/Interested Parties:

7 objections received raising the following concerns: - Concern re opening of a cycle route from Fox Close to the School site, one nearby property states that they have to reverse out of their drive next to this cycleway and it would be difficult to see if there were pedestrians coming - If the cycle route were opened at the end of Fox Close it would encourage parents to park at the end of the road to drop off/pick up restricting access to resident’s driveways - This cycleway route would increase the risk of accidents - The school should not be accessed via Baldwin Drive due to disturbance to residents - The link road between Exeter and Crediton Roads must be delivered - Additional congestion on on-street parking will cause problems and inconvenience for neighbouring residents – planning conditions must address this type of obstruction - Planning Committee have a statutory duty to prevent crime when considering a planning application – it should be clear in any outline that if the main entrance is not designed properly to accommodate all the traffic or the parent’s don’t use it then they should have to pay for traffic control zones where obstruction occurs - Construction vehicles should be kept on-site at all times and not on the roads - Access must be via Crediton Road as originally outlined - MUGA and rear playground should be moved away from residents bungalows as the present location shown would cause noise and be a nuisance to residents - Who will maintain the wooden fencing once the site is closed off? - Block paviour road finish will be damaged by the many vehicles from parents

18 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

1 neutral letter raising the following: - No objection to the school - Boulders at rear of Baldwin Drive must not be removed as these are retaining structures - Fences to the rear of Baldwin Drive properties have to be maintained by private properties - Could the timber fences and boulder area remain fenced off from the school site to prevent children climbing the bounders and possible accidents - Please advise when construction is due to start

PLANNING HISTORY 10837/2007/OKE - Certificate of alternative development for residential use on school site (under Section 17 of the Land Compensation Act 1961 – granted 24/9/07

11590/2008/OKE – Construction of new school, nursery, children's centre and associated access and parking (County matters application) – approved 6/6/08

01977/2011 - Outline application (with access to be considered) for residential use (on part of the site subject to this application) – refused on access reasons under delegated powers 21/11/11

POLICY FRAMEWORK Structure Plan 2001 - 2016 Policy/Policies ST1 Sustainable development ST4 New infrastructure provision CO2 National Parks CO8 Archaeology CO9 Biodiversity CO10 Nature Conservation TR2 Co-ordination of travel TR5 Hierarchy of travel modes TR9 Public Transport TR10 Strategic road network TR16 Travel Investment priorities

Local Plan Review Policy/Policies BE7 Archaeology BE17 Pollution BE19 Contaminated Land H4 Residential Development on the East of Okehampton T5 Public Transport T9 The Highway Network PS2 Surface water drainage PS3 Foul drainage

Core Strategy Policy/Policies SP1 Sustainable Development 19 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

SP4 Infrastructure provision SP13 Community services and facilities SP14 Accessibility planning SP17 Landscape SP19 Biodiversity

ASSESSMENT The main planning issues associated with this application are those relating to Infrastructure provision (mainly education and transport), biodiversity, drainage, amenity and highways.

Infrastructure provision Education The majority of the site to which this application relates was allocated in the 2005 local plan for a school site and educational use. Following this DCC (Devon County Council) set out that in order to accommodate the facilities they required in this area, the site would need to be larger than that allocated. In order to accommodate this, a section of the H4 allocation for residential use was incorporated into the application site when DCC made a county matters application for a school in 2008. This was consequently granted by DCC, however this planning permission has now expired.

This current application is before West Devon to determine as it is made by the landowners rather than by Devon County Council. As such DCC were consulted on this application and their response is set out above. They confirm that there is still a requirement for primary provision on the East of Okehampton and that they still have a commitment to providing this. They also set out the necessity for the additional strip of housing land to be combined with the school site to make a larger site.

Although the eastern strip of land within the site is allocated as residential land, WDBC raised no objection previously to the inclusion of this land as part of a larger school site. H4 is still capable of delivering a substantial and adequate number dwellings without this strip and in addition the core strategy has not allocated further land for housing in the area. Thus again this inclusion is not considered to be a problem in principle providing that it does not prevent the delivery of other infrastructure requirements of the H4 site as set out in the H4 policy and associated design brief.

Transport DCC Highways have no objection to this scheme, however, the brief for the site as a whole includes the provision of a link road through the H4 site from north to south connecting Crediton and Exeter Roads in order to serve the site whilst also relieving pressure on roads elsewhere in the town as a result of the development. The Crediton road end of this spine is in through the Persimmon site and is conditioned to be taken to the boundary of this current application site. Likewise there are conditions ensuring that the Exeter Road end will be delivered to the boundary of this current site. There is a section of the spine road though which will need to link these

20 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

two ‘ends’ and this will need to be placed within the residentially allocated strip of this current application site.

Any such school will also need this spine road to be in place in order to be served without placing undue pressure on the junctions in town. The provision of the connecting part of this road would therefore have to be provided prior to any other works on this application site in order than both construction and future visiting traffic could utilise accesses from both Crediton and Exeter Roads thus not placing unacceptable pressure on junctions and also allowing accessibility and permeability of the site.

Biodiversity Natural England have raised no objections to this scheme however the ecological survey information submitted as identified that the European protected species which may be affected by this application are bats and dormice. Thus it must be considered whether the proposal would involve works requiring a European Protected Species License (EPSL) from NE and if so, whether the proposal is justifiable under the three derogation tests. In addition nesting birds were also identified as being active on-site. NE commented that permission may be granted subject to a condition requiring a detailed mitigation and monitoring strategy for dormice.

Indirect impacts upon bats and dormice predominantly relate to any future artificial light on the site, however it can be ensured through an appropriate lighting scheme that any such lights are kept to a minimum and are located away from the sensitive hedgerows and are hooded to direct light only onto the areas required without light spill elsewhere. Such a lighting scheme can be conditioned to be submitted with any future reserved matters scheme.

Similarly a short section of hedge on the western boundary may be required to be removed in order to open up a pedestrian/cycle link from Howard’s Close, however with the appropriate mitigation it is not considered by the applicant’s ecologist to trigger an EPSL.

The remaining area which will be affected by such a development is the northern section of hedgerow. Although the indicative layout plan shows the site being accessed from the land to the east and hence not punching through any or the northern hedge, in practice as discussed above if this application is to be acceptable then the spine road through the site will need to be provided for via the construction of a link between the ends across this application site. This can be required via condition but will necessitate the loss of a section of the northern hedgerow. This was always anticipated as the neighbouring road to the north currently ends at this hedge, however in order to ensure that this removal would not have an unacceptable detrimental impact upon dormice, bats or their habitat further analysis of the Ecological information provided was undertaken by the Local Planning Authority and examined in the context of the three tests:

21 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

Dormice The 2007 Ecological Impact Assessment (EcIA) undertook various surveys across the 01947/2011 site, and also the larger allocated site to the east. This 2007 EcIA confirmed the presence of dormice throughout the allocated site and specific to 01947/2011, dormouse nests were found within the northern hedgerow of the site. The 2011 EcIA deems there to be a ‘reasonable likelihood that the local dormouse population still uses the northern and western boundary hedge on site as part of their home range.’ The 2011 EcIA states that in practice the northern and western boundary hedges act as one continuous hedge.

The proposed development will entail removal of a section of the northern hedgerow to accommodate a spine road through the north-east corner of the 01947/2011 site. The location proposed for removal of hedgerow is close to the location of a nest identified in the 2007 EcIA. It is recognised that any dormice present are unlikely to nest in the same location each year, however as previously noted, it is considered likely that the local dormouse population would still use this stretch of the northern hedgerow.

With this in mind, and given the time elapsed since the 2007 survey, one could reasonably assume that there are likely to be breeding sites/resting places (hibernation sites) within the northern hedge. Breeding sites/resting places could be found through careful survey (by a suitably qualified ecologist) immediately prior to vegetation removal, however if nests/dormice were discovered, their disturbance/destruction of breeding sites/resting places would then necessitate an EPSL application.

The first three offences under Article 12 of the Habitats Directive could potentially be avoided through careful mitigation, however given the potential for presence of breeding sites/resting places within the northern hedgerow, creating a gap for the spine road could offend Article 12 (1d) of the Habitats Directive – ‘damages or destroys a breeding site or resting place’ of an EPS. As current survey work does not rule out presence of breeding site/resting places in this northern hedgerow (and regardless, survey work would need to be taken immediately prior to vegetation clearance, and supervised during which could then trigger the need for a last minute EPSL application if dormice/nests are found), officers have taken a precautionary approach at this stage regarding the potential for presence of breeding site/resting places. As such, if we consider that Article 12 may be triggered, requiring an EPSL application, as the LPA, we must consider the 3 derogation tests and the likelihood of whether the proposal would be likely to be granted an EPSL.

2 – No satisfactory alternative - The location for the spine road is a set point, given that the topography of the site allows for only one route. The northern end of the spine road has already been constructed on the adjacent development (to the north). The spine road is essential to the effective functioning of the allocated site, thus ‘do nothing’ alternative of not completing the spine road would not be acceptable. 3 – Favourable conservation status – The 2007 EcIA considered the 01947/2011 site within a larger allocated site including large areas of arable land and hedgerows to the east. As such, suggested mitigation for dormice within the 2007 EcIA was made for the site as a whole. The subsequent (2009 and 2011) EcIA updates were concerned solely with the current application site, but did not take account of the creation of the gap in the northern hedge which has triggered this consideration of the 3 tests. However, given the knowledge about presence of dormice within the hedgerows on the current and the larger sites, and the mitigation that has been provided related to creation of road gaps within the larger site, it is considered possible to address this 3rd test with confidence. Natural England has commented on the application, and has considered the impact of the road construction. Based on their comments there is a reasonable likelihood that Natural England would grant a derogation licence should one become necessary.

The main concern with the creation of the gap in this location is the potential for isolating the section of hedgerow to the west of the gap, as this hedgerow does not connect to any others further west. Therefore, while the road gap may not constitute the loss of a large amount of hedgerow, it would become significant if the hedgerow to the west of the gap became isolated. However, there are methods by which the 3rd test could be met through mitigation and compensation measures as set out below:

- 2 stage clearance/translocation of hedges where the gap is to be created, and re-use where possible of the coppiced stools in the hedgerow on either side of the gap. - Additional planting along the length of the northern hedgerow, particularly in the vicinity of the gap (bulge planting). The planting should be sufficient to ensure that there is ‘no net loss’ of dormouse habitat, and indeed that an increased amount of habitat is provided (compared to that lost). - Installation of a ‘green bridge’ to provide an aerial link between the trees on either side of the gap. This is considered vital in ensuring some continuity of the northern hedgerow, and meeting the 3rd test. - Installation of dormouse nesting boxes in retained hedgerows.

It should be noted that Natural England did not object to the application (11th October 2011), however their original comment did not account for the gap created in the northern hedgerow. Following subsequent correspondence highlighting the gap to be created, Natural England drew attention to the need to ‘remedy any loss of connectivity brought about through the development’, ensuring ‘no net loss of dormouse habitat’, and ‘that compensation will provide an enhanced habitat (in terms of quality or area) compared with that to be lost.’

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It is considered that should the measures listed above be secured, that an outcome could be achieved that would maintain the favourable conservation status of the dormice, particularly if considered alongside the significant amounts of new hedgerow planting that will take place elsewhere across the allocated site. The key for the 3rd test will be avoiding the isolation of the hedgerow to the west, and bulking the retained hedgerow through new planting.

Based on consideration of the 3 tests, officers consider that the proposal would be likely to be granted a licence if required. This would of course be subject to detail of mitigation and compensation required to meet the third test, which would be explored in more detail in a Method Statement which should be secured through Condition (and to accompany any EPSL application if required).

Bats The 2007 EcIA reports that no direct impacts to bat roosts are predicted, however habitat loss, fragmentation and indirect impacts (such as lighting) may reduce the value of the site for foraging and commuting bats. It further reports that the impacts would be mitigated by habitat creation and management. Low numbers of bats are expected to use the boundary hedgerow, and predicted indirect impacts on bats are therefore low.

The 2011 EcIA concluded that the proposed development would result in no significant impact on bat populations given the retention of hedges (minus the gap), and the low value of the arable habitat in the vicinity of the proposal. The EcIA predicted very low numbers of bats (a few individuals) that would use the hedgerows for feeding/commuting. They noted that inappropriate lighting to the rear of properties could affect these few individuals, and this would constitute low (and not significant) impacts on bats. Mitigation by way of designing lighting to minimise light spillage into hedgerows is suggested. The 2011 EcIA did not take account of creation of the gap in the northern hedgerow, however, the recommended mitigation from the 2007 EcIA relating to road gaps would apply in this case, and if applied, impacts to bats be reduced. The 2007 EcIA refers to ‘traffic calming’ at road gaps to reduce incidents of bat mortality – it is understood that the new road is likely to have a 20mph speed limit and be cut down at the point where it intersects the hedge thus reducing likelihood of impacts. It is considered that if light spillage is minimised that the impact to the low numbers of bats would not be significant. Additional planting and secured management of the hedge will also assist in retaining bat and general biodiversity benefit and this is to be subject to condition.

Birds Birds and their nests are protected by the W&CA 1981. The removal of part of the northern hedgerow has the potential to disturb nesting birds. As such, works should ideally be undertaken outside of the nesting season to avoid disturbance of nesting birds. Alternatively, if works ‘must’ be undertaken during nesting season, the hedge must be surveyed by a suitably qualified ecologist to confirm the absence of any breeding birds within or near to the hedgerow in question. It should be noted that if

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this option is followed, any nesting birds are found by the ecologist, works in the vicinity of the hedge would have to be delayed until after the nesting season.

Suitable conditions in relation to the above are set out below.

Drainage Previously this site was proposed to be drained into the SUDs scheme on the neighbouring Persimmon homes site to the North, however as this is now a private rather than County application, both the EA and LPA wished to ensure that the surface water from the site could be dealt with wholly on-site should this be necessary. After some negotiation and revision of the schemes, the EA are now happy with the scheme submitted subject to a scheme ensuring its implementation. There are other possible future solutions to drainage on this site, such as the adjacent SUDs pond or the SUDs scheme proposed to serve the remainder of H4 out to the East, hence any condition will allow the flexibility of alternative schemes.

The scheme consists of on-site attenuation designed to a 1 in 100 event plus 30% for climate change to regulate to an attenuated flow at no greater than a 1 in 100 off greenfield run-off rate.

Foul drainage is proposed to go to the mains sewer via the neighbouring residential development.

Amenity With regards to amenity, the majority of the objections relate to the proximity of the indicatively shown buildings to those existing residential bungalows to the south, impacts of noise and lighting and boundary treatments. However layout and landscaping are reserved matters at this stage and thus the exact positioning of the buildings on the site and their associated lighting etc would be considered when the details were submitted at a later stage. It is considered though that the necessary buildings, facilities, boundaries and lighting can all be accommodated on this site without undue disturbance to current and future occupiers as the site is large enough to allow buffer areas, adequate boundaries, noise mitigation measures etc.

Highways DCC Highways have raised no objection to the scheme in principle. Exact points of access are a reserved matter however the surrounding roads are adequate to serve the proposal (with the delivery of the spine road) and there is an acceptable level of permeability available to the site for differing modes of access to the site.

There have been concerns raised regarding the safety of using some of these pedestrian and cycleways (which are currently dead ends to the site). However these were always designed to be opened up to allow permeability to this site and there are pavements etc around the area hence it is not considered that utilisation of these accesses in the future would cause undue harm to any users of the highway.

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Specific concerns have been raised in relation to particular properties and their vehicular accesses in close proximity to the cycle/pedestrian access-ways, however issues surrounding visibility at these points could be overcome by alteration in boundary treatments if necessary, however it is not considered that there is a risk to highway users from these points of access.

Other Landscape Natural England commented in their response that the site is close to the designated landscape of the DNP and that this should be considered. No specific comments have been received from the Dartmoor National Park Authority however the site is allocated for a school site and is set at a lower level than neighbouring residential development to the south, there is thus a buffer of development between the site and DNP. In addition the scheme indicatively shows the buildings as being relatively low in profile and although this is only an indicative plan as ‘appearance’ is a reserved matter, most new schools are low in profile and any future detailed design can ensure that the building should not dominate the skyline in this location.

With regards to any on site landscaping, this is currently a reserved matter so is not for current consideration, however the site is of an adequate size to ensure that adequate on site planting is carried out as well as appropriate boundary treatments such as hedging etc.

Contaminated land The initial ground survey works showed nothing which should prohibit development, however further works are necessary due to the proximity to a former landfill and also the sensitive nature of the proposed end user. However Environmental Health Officers have reviewed the site and information submitted and have no objections and have recommended condition to address outstanding details.

Human Rights Due regard has been given to the provision of the European Convention on Human Rights and in particular to the rights under Article 1 of the First Protocol, namely the right to the peaceful enjoyment of possessions, and Article 8, the right to respect for private and family life. In arriving at this recommendation, due regard has been given to all objections received and the reasoning behind such objections. However, in the individual circumstances of this case, and having full regard to the objectives of the Development Plan Policies and Government Planning Guidance, as well as considering all relevant consultation responses, it is not considered that these objections should override the applicant’s reasonable expectations under the Convention.

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condition relating to the delivery of the short section of roadway to serve the site and join the spine road access to the site is considered to be acceptable.

RECOMMENDATION GRANT subject to the following conditions:

1. Standard Outline time limit. 2. Standard outline condition requesting submission of reserved matters details plus inclusion of a requirement for details of a road from the western boundary of the site to the northern boundary to align with the neighbouring section of the ‘spine’ road to be submitted and agreed in writing by the LPA and for no other development on the site to begin prior to the construction of this section of road in accordance with the approved details. 3. Prior to the commencement of the development, surface water and foul drainage design and supporting calculations shall be submitted to and approved in writing by the local planning authority. Such approved drainage details shall be completed and become fully operational before first occupancy. Following its installation the approved scheme shall be permanently retained and maintained thereafter. Details of the management and maintenance of the proposed surface and foul water drainage systems shall be submitted to and approved in writing by the local planning authority. A construction phase surface water management plan should be submitted to and approved in writing by the local planning authority, with consideration given to the effects of surface water run off from the proposed site on adjacent properties and the highway during construction. 4. No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the 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 District Planning Authority. 27 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

Reason: To ensure that an appropriate record is made of archaeological evidence that may be affected by the development in accordance with policy BE7.

5. Prior to the commencement of the development, a scheme for the mitigation of noise, dust and disturbance during the construction period of development including the hours of working, shall be submitted in writing to the LPA. Once approved the development shall be carried out fully in accordance with these approved details.

Reason: In the interests of residential amenity in accordance with policies H4 and BE17.

6. Prior to the commencement of development, the following components of a scheme to deal with the risks associated with contamination of the site shall be submitted to and approved, in writing, by the Local Planning Authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority.

7. A site investigation scheme, based on the Preliminary Ground Investigation Report (Brody Forbes Partnership, September 2005) submitted with the planning application to provide information for further assessment of the risk to all receptors that may be affected, including those off site.

8. The site investigation results and the detailed risk assessment (1) 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.

9. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action.

Any changes to these agreed elements require the written consent of the Local Planning Authority. The scheme shall be implemented as approved.

Reason: Since the site is located close to a landfill, further assessment is required in accordance with CIRIA 152 (Risk Assessment for Methane and Other Gases in the Ground). Further investigation is also required to assess any potential contamination from the site’s close proximity to a former poultry farm. The condition covers the full range of measures that may be needed depending on the level of risk at the site. If the LPA is satisfied with the information submitted with the application they can decide to delete any of elements 1 to 4 no longer required. The LPA may still decide to use the whole condition as this would allow them to declare the information no longer

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satisfactory and require more or better quality information if any problems are encountered in future in accordance with policy BE19.

10. 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 Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an [amended] investigation and risk assessment and, where necessary, a[n amended] remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

Following completion of measures identified in the approved remediation strategy and verification plan and prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority.

Reason: No site investigation can completely characterise a site. This condition is required to ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately in accordance with policy BE19.

11. Prior to the commencement of the development hereby approved, a detailed Dormouse Mitigation Method Statement incorporating the mitigation recommended in 4.2.2 of the 2007 EcIA and 4.2 of the 2011 EcIA (including but not exclusive to timing, survey and supervision by an ecologist, nest box provision, hedgerow planting, restricted lighting, re-use of coppiced stools and creation of a ‘green bridge’). This to include a means of ensuring corridor continuity across the gap in the hedgerow (a green bridge) shall be submitted to and agreed in writing by the LPA. All agreed works to be fully implemented and retained thereafter to a timescale set out in the Method Statement. Reason: In accordance with policy SP19 of the West Devon Development Plan.

12. Details of lighting design (to minimise light spillage in particular into northern and western hedgerows, and at either side of the road gap) to be approved by LPA prior to commencement of works as part of a Landscape/Ecological Management Plan. All agreed works to be implemented agreed timing and be adhered to thereafter.

Reason: In accordance with policy SP19 of the West Devon Development Plan

13. If it is not possible to remove the section of hedgerow outside nesting season, then the hedge (to be removed) and its immediate surroundings shall be surveyed immediately prior to commencement of works by an appropriately 29 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

qualified ecologist for nesting birds, and the LPA shall be informed in writing by such an ecologist that there are none present (prior to commencement of works).

Reason: In accordance with policy SP19 of the West Devon Development Plan

Informatives:

1 - The applicants’ attention is drawn to the Provisions of the Wildlife and Countryside Act and in particular the offences relating to disturbance of Nesting Birds of all species.

2 - The applicants’ attention is drawn to the Habitats Regulations and the requirements for derogation licensing should there be a likelihood of an offence relating to a European Protected Species. ______

WARD: Lew Valley (Cllr J McInnes)

APPLICATION NO: 01988/2011 LOCATION: Land Adjacent to 33 Baldwin Drive, Okehampton, Devon APPLICANT NAME: Linden Homes SW APPLICATION: Reserved Matters PARISH: Okehampton Hamlets GRID REF: 260162 95653 PROPOSAL: Application for 20 dwellings and associated works (submission of reserved matters of appearance, landscaping, layout and scale) CASE OFFICER: Anna Henderson-Smith TARGET DATE: 12/01/2012

PROPOSAL Reserved Matters application for 20 dwellings at land adjacent to 33 Baldwin Drive, Okehampton, Devon.

This proposal is before committee for determination at the request of Cllr McInnes, the reason being ‘The 20 houses of Baldwin Drive is the first phase in what was the original 500 house H4 application and it is important that Members are content with the layout and design’.

SITE AND SURROUNDINGS The site is located on the East of Okehampton and is a part of the H4 residential allocation site. Beyond the southern hedge of the application site is one of the 30 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

allocated industrial sites within Okehampton. It is possible from the application site at the time of the site visit to hear some vehicular movement from this site.

To the south of the application site is stock proof fencing beyond which is an approximately 1.5m high Devon bank with mature trees above, predominately hazel. To the west of the application site is currently 1.8m close boarded fence which goes onto the end of Baldwin Drive and the adjacent properties, the site is currently open to the north, beyond which the field continues on until the boundary of a hedge/tree line which goes onto the Persimmon Homes residential development site. To the east there is an approximately 1.5m high well maintained, dense hedgerow, this connects the hedge line to the south of the site to those beyond the northern boundary.

The site’s highest point is at its south western corner, the site slopes down towards the north east with the slope falling in 2 directions across the site from the south west to the north east. There are long views out of the site from north west all the way round to the east, several roads are visible from the site including the Crediton Road to North Tawton.

The existing properties on Baldwin Drive are a mixture of brick and cream painted render with much red brick detailing, soldier brickwork, predominately white upvc windows, UPVC conservatories and rainwater goods and grey concrete tiles. There are a number of residential windows currently looking onto the application site including 2 quite high level conservatories.

CONSULTATIONS Okehampton Hamlets Parish Council: The council supports the application for the following reasons: ‘The developers have addressed the concerns from the residents satisfactorily and we would wish to see this development completed.’

County Highways Authority: No highway objection. The development requires a site compound to be set up upon commencement of works, which will provide for site offices, storage of materials and parking of vehicles and therefore no contractors vehicles are parked on Baldwin Drive.

Environment Agency: Object to the scheme for the following reasons: The information submitted does not demonstrate that the whole of the site is suitable for soakaways. A revised FRA is requested to include: - Percolation tests covering the whole site - Exceedance routes for drainage failure - Detailed calculations for soakaways sized up to the 100 year 30% storm - Ownership and maintenance details - Consideration of overland flooding/drainage issues from the land above. A cut off swale/infiltration trench may be required along the northern boundary.

In addition confirmation is requested to ensure that the highways authority is happy to have a soakaway placed beneath the road in the gap of the hedge. 31 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

South West Water Services: No comments received.

Environmental Health: Requests a condition regarding the protection of amenity of neighbouring residents during construction. This includes the restriction of construction time periods and dust control.

Natural England: No objections and refers to standing advice which states that permission could be granted but requests consideration be given to requesting enhancements for any bats on site. In addition, a condition is required detailing mitigation and monitoring strategy for dormice.

Flood Risk and Drainage Engineer: Requests further information, outstanding objection at the time of writing.

Landscape Officer: no objections but requested some slight alterations to the originally submitted scheme ‘Whilst I can understand your rationale behind continuing the character of the existing Baldwin Drive I think the problem with Baldwin Drive is its lack of character, I understand that it’s preferable to move away from the idea of complete change but if possible I'd like to see the Beech hedge used a bit more to give it a stronger presence; I would suggest the addition of the side boundaries between 20/19, 19/181/2, 3/4, 6/7, 8/9. I also consider that if it is planted against a railing it will have a much better chance to establish and survive whilst strengthening each properties defensible space, if you could email a standard detail we could agree to that by email. All other points noted with thanks’

Countryside and Community Officer: has reviewed the reports and assessed alongside the legislation, recommends conditions if minded to approve. Awaiting information from applicants on mitigation and monitoring strategy for dormice at the time of writing.

Local Residents/Interested Parties: Three letters of representation were received. One letter of support outlined the following points: - The development has been kept in line with neighbourhood inputs regarding access and parking on-site for work in progress. - Requests that Baldwin Drive be classified as a 20 mph speed limit. This is requested as a result of road damage at the speed ramps and impact noise experienced by nearby properties. - Two letters of objection raising concerns regarding highway links to the school being dangerous to road users.

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PLANNING HISTORY 02210/2011 Variation of conditions attached to outline application 13354/2009/OKE (residential development) to include allowance for phasing of the development and construction of link road to alternative boundary position – live application at the time of writing, recommended for approval awaiting a unilateral undertaking.

13354/2009/OKE Outline application for residential development including means of access - Conditional Consent

POLICY FRAMEWORK Structure Plan 2001 - 2016 Policy/Policies ST1 Sustainable Development CO6 Quality of New Development CO9 Biodiversity and Earth Science Diversity TR1 Devon Travel Strategy TR5 Hierarchy of Modes and Transport Assessment

Local Plan Review Policy/Policies NE10 Protection of the wider countryside and other open spaces BE13 Landscaping and Boundary Treatment BE17 Potentially Polluting Activity H4 Land to the Eastern Edge of Okehampton H26 Open Space Provision in New Residential Developments T5 Public Transport T8 Car Parking T9 The Highway Network PS2 Drainage PS3 Sewage Disposal

Core Strategy Policy/Policies SP1 Sustainable Development SP6 Density of Housing Development SP7 Strategic distribution of Housing SP8 Inclusive Communities SP9 Meeting Housing Needs SP14 Accessibility Planning SP17 Landscape Character SP19 Biodiversity SP20 Promoting High Quality Design SP21 Flooding

ASSESSMENT The main planning issues relating to this proposal are those of design, layout, amenity, landscaping, biodiversity and drainage.

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Design Whilst this proposal is the first phase on the remainder of the H4 residential allocation and the first phase of the 2009 outline, it both sets the scene for future design, as well as needing to sit comfortably alongside Baldwin Drive as it would form the final end of the cul-de-sac. As a result of this the design before members was reached through pre-application negotiations where it was agreed that a simple palette of materials was preferable with some slightly more contemporary design elements. Hence the materials are predominantly monochrome with white render, black doors, grey smooth tiles, black rainwater goods, grey garage doors and slate grey matte UPVC windows. Brick is used quite extensively throughout the current Baldwin Drive development area and whilst it was not wished for this to be slavishly repeated as brick is not a vernacular material traditionally, it was acknowledged that some brick detailing in this next phase would allow the two areas of Baldwin Drive to read together coherently. As a result the brick plinth to the properties is to be ebony black, this brickwork extends to feature panels in some properties which serves as a cleaner and more contemporary version of quoin and dentilation brick detailing seen in the earlier phase of Baldwin Drive. The scheme also incorporates porches to the majority of properties, however instead of the more gentrified canopies or large apex porches, simple cantilevered or timber supported porches with flat roofs in a lead coloured standing seam system are proposed, likewise full height glazing is proposed to the front of many properties to give a more modern appearance whilst also making best use of available natural light.

Although the recent properties along Baldwin Drive are all bungalows, this proposal does incorporate some houses too. The first 7 properties are bungalows with the remaining 13 units being houses. Due to the topography of the land these two storey properties would sit naturally lower than the bungalows, reducing the visual height difference between them. The majority of the units are detached with only 2 pairs of semi-detached properties. Likewise the majority have integral garages with additional off-street parking spaces.

Overall the design has been arrived at through negotiation and is considered to strike the correct balance between raising the design standard, being modern and honest whilst also sitting comfortably alongside the earlier phase of the cul-de-sac and adjoining development.

Layout The layout of the proposal has been largely dictated by the access point to it as determined at outline stage. This access is to come from Baldwin Drive to the west of the site only, with just a cycle and pedestrian link through to the next future phase of the development to the east.

The properties have been set out either side of this central road in a similar rhythm to that already on Baldwin Drive and with a similar set back from the road. There is some variation as to the angle at which the properties are set at, mostly dictated by the sweep in the road. Similarly to the east of the site 2 properties do not front the road but are set off it in a private courtyard type area, this again is similar in layout to 34 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

that which is present on the present Baldwin Drive such as Baldwin Court and Radford Way.

The set back of the properties allows for a more open feel to the area with open lawns to the pavements and room for punctuating tree planting alongside the road. The layout on each plot also allows for adequate parking and bin storage per property.

Landscaping At the time of writing there were still two outstanding issues with landscaping; the provision of a railing type enclosure alongside the beech hedging and the requirement for additional beech hedging areas. However it is expected that these will be resolved prior to the committee meeting. If so all other landscaping details are acceptable, the general landscape scheme allows for some open frontages akin to the existing Baldwin Drive area whilst also beginning to incorporate some traditional and less suburban forms of enclosure. An additional screening hedgerow and trees to the northern boundary has been included at officer request and there is no close board fencing abutting public areas. Close boarded fencing is necessary to the rear and side of the properties in order to provide protection to the hedges and dormice from predation and disturbance. Much of the landscaping scheme is incorporated for biodiversity reasons such as additional hedge planting to enhance the hedges and mitigate for the loss of the 3m gap.

Drainage Surface water At the time of writing there were still outstanding issues relating to surface water drainage regarding the location and depths of percolation tests. This area is known to have very variable ground water levels and geology, as such the Borough Engineer and the EA are currently negotiating with the agent to achieve suitable test results. As this proposal is for the first phase of the larger outline site, it is not possible to manage surface water drainage in the way in which the remainder of the site is anticipated to be dealt with (i.e. a large SUDS pond to the east) as this site is on the western edge of the larger site and the infrastructure for the pond is not yet in place.

An improved drainage scheme layout has been negotiated whereby properties have their own private soakaways on their own land or, in some instances where topography dictates a communal soakaway, it is in easily accessible communal space rather than in private ownership. Likewise soakaway locations have been altered to avoid close proximity to hedgerows and thus to avoid disturbance to dormice and habitat.

Foul water Whilst there is a foul drainage strategy for the larger outline site as a whole which is to put the foul water to the mains sewer which crosses the H4 site, the associated infrastructure for this relies upon the development of the larger part of the site, rather than on this first phase alone. As such this proposal has those new properties which can being fed into the existing main sewer on Baldwin Drive and those further down the hill being fed to a small pump system which is required to then pump the waste uphill to Baldwin Drive. In the longer term the latter properties are proposed to be piped into the wider mains system once in place, however as it is only this phase which is currently for consideration this scheme must be considered in isolation. As such this proposal is acceptable with a continued management and maintenance condition on the pump.

Amenity With regards to nearby/adjacent residents and properties, it is not considered that the proposal will have any undue adverse impact upon the enjoyment of their properties. With regards to the construction phase, Baldwin Drive is the only access at present to the site, however the provision of a site compound to discourage parking of construction vehicles on Baldwin Drive will address parking issues. In addition Environmental Health have suggested the following two conditions to address undue construction noise dust and litter:

1. Construction works that are likely to be audible at noise sensitive properties shall be carried out only during the following times: 07.30-18.00 hours Mondays to Fridays (excluding Bank Holidays) 07.30-13.00 hours Saturdays and at no time on Sundays In exceptional circumstances, where noisy works are believed to be necessary outside these hours, such works shall only take place on the following basis: a) Prior notification of specified works must be provided for the Council’s Environmental Health team and; b) Notification must be provided to those local residents that are likely to be affected of the nature and duration of works (both shall be notified at least three working days in advance of the activity)

2. All reasonable steps, including damping down site roads, shall be taken to minimise dust and litter emissions from the site whilst works of construction

These are considered reasonable and are recommended conditions as set out below.

It is not considered that there would be undue overlooking between the proposed properties and the existing. The proposed are on lower lying land and are single storey adjacent to the existing with suitable boundary treatments for screening. Likewise it is also considered that there is adequate separation between the proposed properties and one another to provide adequate future privacy between properties. Where there is the opportunity for future window insertion to cause undue

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privacy loss or where a current window could overlook, conditions have been recommended below to address these situations.

It is considered that the properties have adequate amenity space to meet the needs of future occupiers, likewise it is not considered necessary to remove PD rights for extensions and curtilage structures.

Highways DCC Highways have no objections to the scheme but request conditions relating to the provision of a site compound in order to prevent construction vehicles parking on Baldwin Drive and the surrounding roads where possible. The parking provision shown for the properties is considered acceptable and the cycle and footway to the east allows for good green infrastructure and permeability between this and any future phases.

Biodiversity The Ambios Ecology EcIA of Sept 2011 (which included an extended Phase 1 survey) supplemented a wider EcIA report dated March 2007 the following covers dormice, bats and birds, relevant conditions are set out below.

Dormice The 2007 EcIA confirmed presence of dormice in the larger development site, and specific to development 01988/2011, the eastern hedge. The nests and dormice recorded in 2007 were slightly to the north of the extent of development 01988/2011, however, as noted in the 2011 EcIA, it is highly likely that the local dormouse population will still use both the eastern boundary hedge, and also the southern hedge (as they are connected).

The proposed development will entail removal of a 3m stretch of hedgerow to create a pedestrian/cycle access between the site and an area of future development. There is potential (as recommended in the EcIA) to undertake mitigation to minimise the impacts on dormice.

Given the time that has lapsed since the original survey, one could reasonably assume that there are likely to be breeding sites/resting places (hibernation sites) within the eastern hedge. Breeding sites/resting places could be found through careful survey (by a suitably qualified ecologist) immediately prior to vegetation removal, however their disturbance/destruction would then necessitate an EPSL application.

Given the potential for presence of breeding sites/resting places, the gap through the hedge could offend Article 12 (1d) of the Habitats Directive – ‘damages or destroys a breeding site or resting place’ of an EPS. As current survey work does not rule out presence of breeding site/resting places in this 3m of hedge (and regardless, survey work would need to be taken immediately prior to vegetation clearance, and supervised during which could then trigger the need for a last minute EPSL application), officers have taken a precautionary approach at this stage regarding the 37 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

potential for presence of breeding site/resting places. As such, if the LPA considers that Article 12 may be triggered, requiring an EPSL application, as the LPA, we must consider the 3 derogation tests and the likelihood of whether the proposal would be likely to be granted an EPSL.

In considering the 3 tests, and likelihood of being granted a licence officers consider the following: 1 – IROPI – The location for the footpath/cycle link is necessary as part of the green infrastructure for the larger site development. The link will enable future residents living to the north and east of the site to access Baldwin Drive and continue towards Okehampton. Such links are clearly important and will be key to the success of the new residential development and aspiration for residents to walk and cycle within the locality. The need for this housing (and allocation of this site) is well established in the Development Plan and other strategies. 2 – No satisfactory alternative - Such a footpath/cycle link would necessitate a break at some point in this eastern hedge to enable flow of pedestrians/cyclists from the Baldwin Drive towards the north and east and vice versa. The hedge is currently a barrier to any pedestrian/cycle movement across the site, so there is no satisfactory alternative to a break in this eastern hedge. 3 – Favourable conservation status – The 2011 EcIA suggests a raft of mitigation to minimise impacts on dormice, including a check of the hedge prior to commencement of works and a subsequent watching brief during works by an ecologist. Additional planting along the existing hedge is proposed to compensate for the loss of the 3m of hedgerow. Planting of two large trees either side of the gap will go some way to ensuring continuity along the hedge as they close the gap above the footpath/cycleway reducing fragmentation of the hedgerows, and in the short term an aerial link between the hedge/trees on either side (green bridge) might be considered. There is also further mitigation suggested related to lighting and fencing along gardens to minimise ongoing disturbance to dormice. If the proposed mitigation is followed, the EcIA concludes that impacts on dormice will not become significant. Natural England comment (19/10/2011) stated that ‘mitigation proposals, if implemented, are sufficient to avoid adverse impacts on the local population of bats and hazel dormice and therefore avoid affecting favourable conservation status.’ It would therefore be reasonable to conclude that the 3rd test is likely to be satisfied, and based on their comments there is a reasonable likelihood that Natural England would grant a derogation licence should one become necessary.

Given the potential for the 3m of hedge to act as a breeding site/resting place – damaging or destroying the hedge could constitute an offence of Article 12 and trigger the need for a licence. Based on consideration of the 3 tests, officers consider that the proposal would be likely to be granted a licence if required. This would of course be subject to detail of mitigation and compensation required to meet the third test, which would be explored in more detail in a Method Statement which should be secured through Condition (and to accompany any EPSL application if required).

Awaiting information from applicants on mitigation and monitoring strategy for dormice at the time of writing. 38 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

Bats The 2011 EcIA concluded that the proposed development would result in no significant impact on bat populations given the retention of hedges (minus the 3m gap), and the low value of the arable habitat in the vicinity of the proposal. The EcIA predicted very low numbers of bats (a few individuals) that would use the hedgerows for feeding/commuting. They noted that inappropriate lighting to the rear of properties could affect these few individuals, and this would constitute low (and not significant) impacts on bats. Mitigation by way of designing lighting to minimise light spillage into hedgerows is suggested.

Birds Birds and their nests are protected by the W&CA 1981. The removal of 3m of hedgerow has the potential to disturb nesting birds. As such, works should ideally be undertaken outside of the nesting season to avoid disturbance of nesting birds. Alternatively, if works ‘must’ be undertaken during nesting season, the hedge must be surveyed by a suitably qualified ecologist to confirm the absence of any breeding birds within or near to the hedgerow in question. It should be noted that if this option is followed, any nesting birds are found by the ecologist, works in the vicinity of the hedge would have to be delayed until after the nesting season. This can be addressed via condition as set out below.

S106 requirements This proposal (as it is a reserved matters application) is tied by the section 106 agreement which was signed up to under the 13354/2009 outline planning permission this included management and maintenance for POS, landscaping, SUDS, Community Infrastructure and education contributions. It also included a requirement for 35% affordable housing over the outline site as a whole. As a result, although no affordable housing is proposed to be provided within this 20 house phase, this will be compensated for elsewhere within the H4 outline site, i.e. the density will be a little higher in another area as there is none in this phase. Officers consider this to be acceptable, it was not previously envisaged that this end to the Baldwin Drive cul-de-sac would contain affordable housing and we are confident it will be secured elsewhere and thus that the provision in terms of numbers overall will remain unaffected.

Human Rights Due regard has been given to the provision of the European Convention on Human Rights and in particular to the rights under Article 1 of the First Protocol, namely the right to the peaceful enjoyment of possessions, and Article 8, the right to respect for private and family life. In arriving at a recommendation the rights of the applicants have been balanced against the objections raised by third parties. However, having due regard to objectives of Development Plan Policies and Central Government Guidance and relevant consultation replies, it is not considered that these concerns would override the applicant’s reasonable expectations under the Convention.

39 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

Reason for approval This application has been determined in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004 which states that planning applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. This application has been determined in accordance with approved Development Plan Policies; relevant Government planning policy guidance; and approved in the absence of any other overriding material considerations and having given due weight to all other matters raised in this application including technical and other representations received. The relevant Policies are ST1, CO6, CO9, TR1, TR5, NE10, BE13, BE17, H4, H26, T5, T8, T9, PS2, PS3, SP1, SP6, SP7, SP8, SP9, SP14, SP17, SP19, SP20 and SP21. RECOMMENDATION GRANT subject to the receipt of adequate drainage information which the Flood Risk and Drainage Engineer is content with and to the following conditions: 1. Standard reserved matters time limit 2. Adherence to plans 3. Limitation of hours for noisy construction work 4. Minimisation of dust and litter emissions from the site during construction 5. Site compound provision. 6. Adherence to ecological survey recommendations, enhancement and mitigation measures 7. First floor bathroom window of plot 12 to be obscurely glazed prior to occupancy and remain so thereafter 8. No additional windows into the first floor west elevation of plot 12 9. Removal of hedgerow outside of nesting season 10. Bird box inclusion 11. Bat tubes to be incorporated into the new build 12. Restriction of lighting in proximity to the hedges 13. Mitigation and monitoring strategy for dormice at the time of writing. 14. Maintenance and management of the Foul water system

Informatives: Ecology, species Wildlife Act and Habitats Regulations standard informative. Advise that this permission is subject to a section 106 agreement. Advise permission is still subject to the conditions of the outline permission. ______

Applications 01990/2011 and 01992/2011 are on the next page.

40 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

WARD: North Tawton (Cllr N Morgan)

APPLICATION NO: 01990/2011 LOCATION: Old Woollen Mill, Mill Lane, North Tawton, Devon EX20 2EE APPLICANT NAME: Mr G Dunn APPLICATION: Full PARISH: North Tawton GRID REF: 265695 101661 PROPOSAL: Revised scheme for residential development of 39 new residential units, and conversion of buildings to create further 23 residential units and B1 office space, plus associated works including flood alleviation and access CASE OFFICER: Anna Henderson-Smith TARGET DATE: 09/01/2012

AND

WARD: North Tawton (Cllr N Morgan)

APPLICATION NO: 01992/2011 LOCATION: Old Woollen Mill, Mill Lane, North Tawton, Devon EX20 2EE APPLICANT NAME: Mr G Dunn APPLICATION: Listed Building PARISH: North Tawton GRID REF: 265695 101661 PROPOSAL: Works to listed building associated with conversion to residential use CASE OFFICER: Anna Henderson-Smith TARGET DATE: 02/12/2011

These applications are before members as elements of the proposal are a departure from local plan policy as a part of the site lies outside the settlement boundary. (The application has been advertised as such).

PROPOSAL The proposal is for the conversion of three of the existing buildings on-site (including the Grade II listed Woollen Mill) to residential use (23 units) and the erection of an additional 39 new build properties. The scheme also includes the retention of an additional on-site building for B1 office, a flood alleviation scheme and new access road. The proposal is accompanied by a commitment to a s106 agreement (details of which are discussed below). 41 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

The site incorporates a small area of land which lies outside the current settlement boundary.

SITE AND SURROUNDINGS The majority of the site lies within the North Tawton settlement boundary and has been in various previous industrial uses. The site is now vacant but comprises many buildings of various ages and sizes and in many varying states of repair. The main Woollen Mill building is grade II listed and the list description is attached at the end of this report for members’ information.

The site is predominantly an allocated site for housing/mixed use, reference policy H10.

CONSULTATIONS

DCC Highways: ‘this application and its layout is far more sympathetic and more in- keeping with the buildings, both the existing to be converted and the new build.

The access arrangement is as previously submitted and is considered to be acceptable given the speed of vehicles, and the access arrangement for the new parking area serving the existing cottages is also considered acceptable.

In the past we have asked for a £50k contribution toward improvements to the existing public transport services which conveniently serve the site…

A new bus stop and associated facilities are to be provided on the site side and I would be looking to improve the facility opposite certainly by providing busboarders.

It was also the intention to improve the virtual footway and to enhance the existing carriageway markings in the vicinity of the site…’

Conservation Officer: ‘In summary, my initial thoughts on the revised application are very positive. The scheme is much as discussed with the agents and architects and is a considerable improvement over the previous proposal in many ways. There is more retention of historic fabric and a clearer commitment to reuse of material as well. The new build elements are of a more distinctive and individual style that reinforces the identity of the site and its historic significance within NT and WD. The layout of the new dwellings at the southern end of the site is much better and relates more positively to the landscape and the setting of the heritage assets whilst providing screening to the adjacent haulage depot site. The use of a contemporary design language with an environmental element to it seems to me an appropriate way to handle this sensitive part of the development. Whilst we have a lot more detail there are, of course, things which need to be clarified, but I would think this can mostly be achieved by conditions with maybe a little additional information...’ 42 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

DCC Archaeology: ‘I am now satisfied that the current ‘heritage led’ scheme means an additional significant mill building will be retained and converted for residential use within the design of the scheme and that further wall elements of the ancillary buildings will be retained for use as car park and garden boundaries. I therefore welcome the proposed conversion and retention of many of the historic woollen mill buildings provided by this resubmitted scheme, as well as the repair and restoration of the historic leats/millpond and Wheelhouse and the appropriate reuse of salvageable materials within the design scheme and landscape.’ Recommends conditions.

Landscape Officer: ‘The scheme has progressed tremendously through negotiation and in my opinion the proposal is now more reflective of the unique historical setting and floodplain pastures of the existing landscape. The further retention of existing buildings and walls very much strengthen the integrity of the design and the remodelling of the southern portion of the site now sees the retention of existing trees and existing levels fronting the river; this latter point being critical to the setting of the Tarka Trail. In my opinion the proposal will therefore not adversely impact upon the special landscape quality of this site.’ Recommends conditions

Borough Drainage Engineer: No objection but recommends a condition.

SWW: Foul drainage system has capacity of the development without further works.

Environment Agency: ‘This proposal is contrary to the advice contained in Planning Policy Statement 25 (PPS 25) because it promotes more vulnerable development (housing) in high risk functional floodplain. PPS25 (Table D.3) advises that water compatible and essential infrastructure uses should only be permitted in functional floodplain. Notwithstanding this, this application also proposes a scheme which would satisfactorily compensate the loss of functional floodplain.

Your Council should be satisfied that the site passes the Sequential Test.

The revised Flood Risk Assessment (FRA) is generally acceptable. It promotes an acceptable flood defence scheme, we have agreed with the applicant’s FRA consultant the flood risk design levels, minimum floor and flood defence levels and the FRA demonstrates a suitable surface water drainage scheme. Furthermore, we consider that the development can be made safe from flooding and therefore passes part c of the Exception Test set out in PPS25.

Following the revisions to the flood compensation scheme after the discovery of a Badgers Sett, the EA have advised that the revised flood plain compensation scheme is acceptable.

North Tawton Town Council: Support, ‘Please note reservations regarding traffic

43 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

and s106 monies…would also like to request a community infrastructure levy for the Town proportional to the scale of the development’.

Environmental Health: Re contaminated land: ‘In relation to the above application, I have reviewed the Desk Study and Ground Investigation Reports by Hydrock (ref: R/10134/002) dated June 2010 and October 2010 respectively and can advise as follows.

The supporting ground investigation reports identify that some remediation may be necessary. As such, we will need to see a detailed remediation strategy and verification plan prior to development but also a verification report prior to occupation (to demonstrate that the remediation has been successful) recommends conditions.’

Re Noise: Acceptable with a condition for noise protection.

Countryside and community officer: No objections, recommends conditions

Natural England: Initially Natural England referred back to their comments on the previous application where they had no objections, and advised that the proposal could be granted subject to conditions, however following examination of the proposal NE were reconsulted which led to some further ecological work (specifically relating to the area proposed for flood mitigation), however following this and some further recommendations from NE on what the ecological management plan should contain, they commented that they were happy with the DWC ecological reports.

DCC Education: ‘This proposed development is likely to increase the shortfall of primary pupil places at North Tawton Primary School (NET Capacity 150, Number on roll 156 (autumn term 2011), therefore our request would be for the shortfall of primary pupil places likely to be created only to the sum of £171,647.00 plus £4,456.25 ICT Contribution = £176,103.25 The development is likely to create 9.3 Secondary aged pupils and a contribution required to the sum of £156,156.30 plus £13,485.00 ICT contribution = 169,641.30. In addition to the contribution figures we would request quoted above, the county council would seek to recover legal costs incurred as a result of the preparation and completion of the agreement. ‘

Affordable Housing Manager: ‘I confirm my view that the s106 contribution for community facilities should be prioritised for affordable housing. The rationale for this is that there is a proven housing need in the locality and that there are sites which would benefit from additional investment and therefore deliver affordable housing.’

Representations: 3 letters of objection received outlining the following concerns:

 Development would not benefit North Tawton in any way  The proposed access from Fore Street ‘defies logic’ as two lorries can not pass here 44 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

 The bridge is inadequate for present traffic and dangerous to pedestrians  Vehicles would either have to use the bridge or go through the town which is congested  Inadequate levels of parking given over to Mill Lane residents (1.5 per house)  North Tawton does not need residential development, unemployment is high and more people will increase the pressure on amenities such as the school and doctor’s surgery  More houses will lead to an increase in noise, traffic and pollution  The development will have a detrimental effect upon the historically important Mill and its surrounding area  Negative impact on biodiversity  Area is greenfield  Not clear what the environmental impact will be upon the floodplain

PLANNING HISTORY

01163/2011 – Erection of 40 new residential units and conversion of 3 buildings to provide additional 19 residential units. Refused by planning Committee on 26/4/11 for the following reasons:

‘The proposal, by reason of its demolition of on-site structures, is not considered to have sensitively responded to the heritage assets of the site and as such is contrary to policies H10, BE3 and BE9 of the West Devon Local Plan, CO8 and CO7 of the Structure Plan and the advice of PPS5.

Insufficient information has been submitted with this application in relation to the conversion, recording and restoration of the heritage buildings, leat and mill pond, to allow the LPA to fully assess the impact of the proposal upon these assets and their value and significance. As such the proposal is contrary to policies H10, BE3 and BE9 of the West Devon Local Plan, CO8 and CO7 of the Structure Plan and the advice of PPS5.

The proposal, by reason of its over-engineered road, road location, layout, land raising and new building design, would have a significant detrimental effect upon the landscape around, and thus the setting of, this listed building, particularly from public viewpoints such as adjacent footpaths and the Tarka Trail. As such the proposal is contrary to policies H10, BE3, NE5 and BE13 of the West Devon Local Plan, CO7 of the Structure Plan and the advice of PPS5.

The proposal seeks to develop land which is greenfield floodplain and currently outside the defined settlement limits. As there is not over-riding heritage justification for this expansion of the allocated site (due to those reasons outlined in refusal reasons 1, 2 and 3 above) this constitutes unjustified residential development in the open countryside. As such the proposal is contrary to policies NE10 and H31 of the West Devon Local Plan, and the advice of PPS7.

45 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

The proposal, by reason of the proximity of residential development to the adjacent industrial use to the East, introduces a noise-sensitive use in close proximity to an existing noise generating development where the noise thresholds recommended between the two would be exceeded. As such this proposal is contrary to policies BE18 of the West Devon Borough Local Plan and the advice of PPG24.

The proposal, by reason of its lack of suitable management and maintenance arrangements of the flood defences plus inadequate provision for Environment Agency site access due to layout and unacceptable bund gradient is not considered to satisfy the Local Planning Authority's concerns regarding flood risk and alleviation. AS such the proposal is contrary to policy PS1 of the WDLP and the guidance of PPS25.’

01164/2011 – Listed building consent application accompanying the above full application Refused by planning Committee on 26/4/11 for the following reasons:

Insufficient information has been submitted with this application in relation to the conversion, recording and restoration of the heritage buildings, leat and mill pond, to allow the Local Planning Authority to fully assess the impact of the proposal upon these assets and their value and significance. As such the proposal is contrary to policies BE3, H10 and BE9 of the West Devon Local Plan, CO8 and CO7 of the Structure Plan and the advice of PPS5.

The proposal, by reason of its over-engineered road, road location, layout, land raising and new building design, would have a significant detrimental effect upon the landscape around, and thus the setting of, this listed building, particularly from public viewpoints such as adjacent footpaths and the Tarka Trail. As such the proposal is contrary to policies BE3 and H10 of the West Devon Local Plan, CO7 of the Structure Plan and the advice of PPS5.’

POLICY FRAMEWORK PPS1 Delivering Sustainable Development PPS3 Housing PPS5 Planning for the Historic Environment PPS25 Development and Flood Risk PPS13 Transport

Structure Plan 2001 - 2016 Policies CO6 Quality of new development CO7 Historic settlements and buildings CO8 Archaeology CO10 Nature conservation and species protection 46 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

ST18 Affordable Housing ST18aMix and Type of housing TR4 Parking TR5- Hierarchy of modes of transport TR9 Public transport TR10 Strategic road network

Local Plan Review Policies H10 Site allocation policy for Woollen Mill H31 Residential development in the countryside H26 Open space provision BE9 Archaeology BE3 Listed buildings BE13 Landscaping and boundary treatment BE16 Potentially polluting activity BE18 Noise pollution BE19 Contaminated land NE10 Development outside settlement boundaries NE6 Protected species T5 Public transport T8 Parking T9 Highway safety T10 Taw Bridge traffic PS2 Surface water drainage PS3 Foul drainage

SP2 Renewable energy SP4 Infrastructure Provision SP9 Meeting housing needs SP17 Landscape Character SP18 Heritage SP19 Biodiversity SP20 Design quality SP21 Flooding

SPG Development brief for the site

ASSESSMENT This site is constrained by several on-site characteristics and factors, the current proposal is the result of the previously refused scheme, further negotiation between the agent and LPA resulting in additional research informing design/layout alterations by the architect.

The main site issues are as follows:

47 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

Flooding: Some of the site, lies within flood zone 3 and includes active flood plain, the proposal seeks to alleviate this and protect the site from flooding whilst improving the flood protection and flow. There are several aspects to the flooding issues on this site, these include fluvial flooding and storage of flood water, but also surface water drainage issues. With regards to the sequential test, although the site does include some floodzone 3, officers consider that there are over-riding heritage and community benefits to the conversion of the existing buildings and the associated new-build to make this conversion and retention viable. The site is allocated for such uses and there is no alternative site, within the settlement boundary which could accommodate this number of necessary units, plus this site is brownfield at present.

There are monetary implications of the flood risk elements as, in the long term any flood defences which may be approved will require maintenance and management. To account for flood risk, the applicant proposes the following measures:

(1) placing some of the housing outside the high flood risk area, or just on the edge with raised floor levels, (2) raising an area of land (south of the old mill buildings) on which new housing will be placed, (3) building a raised flood defence to protect the new units in the old mill buildings and car parking, and; (4) providing additional functional floodplain upstream of the site on both sides of the River Taw, (this has altered slightly during this application as a result of the requirement for further ecological survey work which identified a Badger Sett within this original compensation area.)

The raised flood defences (raised embankment, sluices, overflow weir, works to leat) reduce the frequency of flooding to an acceptable level (less than 1% chance in any year). However, they do not eliminate all flood risk to the Old Mill buildings and there remains a risk of the defence being overtopped by a larger storm event than it is designed for. Alternatively, the defences could fail during flood conditions that they would normally handle. If this happens, the depth of flooding will be significant putting people, property and possessions (despite use of flood resilient materials) at risk. The Flood Management Plan will need to consider the necessary flood warning and evacuation procedure for the site. The proposed Flood Protection Management Strategy by ‘Mainstay’ includes ongoing maintenance costs and for the flood defence it defers ownership to all householders.

The applicant’s proposal for the ongoing management and maintenance of the flood defences is that the District Valuers Report identifies an amount of £50,000 to finance a bond, of an amount to be agreed but most likely around £250k, under a S106 agreement and to be in place until the development has been completed.

Upon completion latent defect insurance for the development including the flood defence works will be put in place by the management company set up to undertake 48 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

the development maintenance and repairs funded by an annual charge payable by all households on the site (not Mill Lane cottages).

This latent defect insurance will be in place from completion for a period of 10-12 years whereby in such time the maintenance fund, administered by the management company, would have accrued the required level of funds to cover repairs although the insurance would most likely be extended.

The compensatory flood plain would be created as an initial part of the development then works to constructed the flood protection bund. This would be completed and site protected before further construction works commence. We can impose a planning condition in relation to the phasing of the works to be attached to any approval.

The EA commented on this proposal as follows as they had been previously concerned about future maintenance:

‘The management agreement appears to be reasonable and recent standard practise based upon our experience. It would make sense for the agreement and any legal items to be include in the S106.

Obviously you cannot future proof against everything and the management company may operate perfectly for the next 100 years. Under these conditions the Council will have no need to contribute to the upkeep of the site or flood defences.

However if the management company fails (e.g. lack of fund for a major repair or for whatever reason) the liability will fall on the householders, and any legal agreement that they all have. The Council may then come under pressure to help given the potential costs.

We will be unable to help as we will not take on any new defences now or in the future’

The EA suggested several flood related conditions which are included in the recommendation below to help reduce flood risk to an acceptable level.

Highways and parking The scheme proposes a new access from Fore Street and on-site parking, leat bridge and roads as well as new parking for Mill Cottages. The road has altered in its position and design from the previously refused application. Its level of engineering has reduced and its layout has been softened to wind through the site providing natural traffic calming. Whilst it is still of a standard which would allow for emergency vehicles and waste vehicles etc, the road has been reduced to single lane in many places with passing places as opposed to two lane. This is in order to both reduce the land given over to the road and reduce its visual impact and hard surfacing, whilst also discouraging on-street parking which can lead to problems for motorists, waste vehicles etc. DCC and officers are satisfied with the scheme and request 49 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

several recommended conditions and the provision of the new bus stop, shelter and monetary contribution to the local bus service and improvement of the existing ‘virtual footway’ over the bridge.

Contaminated Land Due to the site’s former uses there is a need for contaminated land remediation, this can be addressed via a condition as the initial investigation work has already been undertaken and was submitted with the application.

Proximity to an employment use The previous scheme was vulnerable to possible disturbance of proposed residential properties from the established and active haulier’s site immediately to the East (Gregory’s). As a result acousticians have monitored the site and recommended mitigation measures. Such measures have in part been addressed by the inclusion of a three storey building containing flats proposed to act as an acoustic barrier and the heightening of an existing wall to further act as a barrier. A further condition has been recommended by the Council’s Environmental Health department for a scheme of noise protection measures, it is expected that the types of measures this would include would be possible triple glazing, noise preventative trickle vents etc. However such elements have been discussed with the applicants and with the EH officer and all are confident an acceptable scheme is achievable by condition.

Heritage There are many buildings currently on-site, they include not only the main Mill building which is grade II Listed, but also other buildings and workings of various ages. It is proposed to retain the Mill, one similarly aged industrial building and the adjacent large three storey building for residential use as well as the smaller Victorian building (this Victorian building is proposed for B1 light industrial/office use). One of these buildings was previously proposed for demolition however as a result of further detailed survey work as to the ages of the buildings on site it is now proposed to be retained.

Although it is proposed to convert these four buildings and demolish the others, there are many architectural/stonework components in the buildings proposed for demolition which are worthy of retention, such as granite piers, terracotta ridge tiles, beams etc. As a result of the previous refusal and negotiation, more information on how these would be reused on the site in order to aid site interpretation, sustainability etc has been provided with this proposal. In addition some of the walls which are older and of more historic and aesthetic value are now proposed to be only partly demolished and incorporated as capped walls into the scheme as boundary treatments, enclosures for bins/bikes etc.

The design for the main building is also more detailed in this re-submission with further details on window detailing, stairways etc. The detailing of the proposed new openings has been altered to be slightly different to that of the previous opening in order that a distinction can be drawn between new and older, thus making the history and phases more legible. 50 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

The new build properties are of a more contemporary and individual design than those previously proposed. Their design is simple and clean with functional porches and finishes whilst not being at odds with the scale and proportions of the simple local vernacular style. Materials include re-used stone to focal buildings, render and timber boarding. The mass of the proposed building as also now more in proportion with the listed building and site history, so whilst the new-build does not look to compete with the heritage it sits more comfortably alongside it than the very small domesticated scale of the previous submission. The new design will give identity to the site itself whilst sitting as part of North Tawton Town. Details and samples of materials to be requested via condition.

Overall officers, including the Conservation Officer and DCC archaeology, are far more supportive of this current scheme due to the additional research undertaken and consequent scheme revisions. From a heritage aspect we would support the proposal with conditions for the details of some design, recording, restoration and landscape work. In addition a scheme of phasing requirement to ensure that the heritage buildings are addressed first (whilst not impeding viability and deliverability of the scheme) is recommended within the s106 agreement.

Amenity

Overall it is not considered that this proposal will have an undue adverse effect upon the amenity of any neighbouring property as there is a reasonable separation between the proposed units and the existing, particularly Mill Lane cottages. In addition due to the re-design and incorporated acoustic barriers and design features it is not considered that this proposal would adversely affect the ability of Gregory’s hauliers to continue to operate from their site as they are at present.

It is considered that the residential units proposed have adequate external amenity space both private and communal to meet their future needs.

Landscaping There were previous landscape concerns predominantly concerning the raising of the land to the south of the site by approximately 1.3m around some existing alder trees which would be set down into a round about type layout. This area of the application site is extremely visible from the Tarka Trail and from the road into North Tawton. This land raising would also have lead to the loss of the majority of the trees to the south as they would have been partially buried. However following the previous refusal, an alternative and preferable scheme has now been achieved. The larger detached properties to the south are still present as they are crucial in the viability of the proposal, however they are all located to the east of this area against the existing leat and towards Gregory’s buildings. They are now of a more contemporary style which has made them lower in profile with green roofs, they will also be read from the public right of way against the existing development of the hauliers.

51 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

The road has been much reduced to a single access road and only the property footprints and immediate garden areas are to be raised, after this the land will step down to the existing level and then rise up to the flood defence bund. There are limited boundary enclosures proposed so as to the leave the area more open to the eye and less suburbanised. Permitted development rights for enclosures and extensions/curtilage structures will be removed here due to both aesthetics and flood risk reasons.

With regards to the landscaping overall, that shown is a result of negotiation and reflects the industrial past of the site. Overly suburban and ‘fussy’ planting has been avoided. Instead the site contains structural tree planting to give focus and punctuation to areas of public realm, the majority of the remainder of the landscaping is predominantly ecology lead such as hazel transplantation and native tree reinforcement to the river edge with areas of grass, some left to become swards.

The hard landscaping will be dominated by re-use of boundary treatments from existing on-site building walls and re-use of reclaimed materials during demolition. Paving and roads are simple and utilitarian reflecting the history of the site.

Biodiversity The proposed development of the Old Woollen Mill will affect a number of species including European Protected Species (dormice, otters and bats) and their roosts/nesting habitats, and as such will require careful and well planned methodologies during the construction period to avoid and minimise impacts, and effective ongoing management to enhance the site for the long term. The proposal will trigger the need for a European Protected species license as such the potential alternatives of this site for development, public benefits of the scheme and mitigation of the scheme in its current form must be examined in detail. This has been done in great detail by officers, including the Countryside Officer however the following outlines the main issues only.

Bats The Protected Species Survey notes that Buildings A and C support bat roosts. Buildings A and C are both to be retained, however planned conversion works will lead to the destruction of the summer roosts in Building A. The direct impact on the bats can be mitigated through timing of works outside of the occupancy period of the bats and loss of roosts can be compensated through provision of new roosts in the two buildings and enlargement of the existing roost in Building C. However, destruction of the existing roosts in Building A and disturbance of the roost in Building C will offend Article 12 of the Habitats Regulations 2010 and will therefore require an application for a European Protected Species Licence (EPSL) from Natural England in order to proceed.

52 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

3 tests and would therefore be successful in an application for an EPSL before granting planning permission. In terms of the 3 tests, the following rationale is considered: 1 - Imperative Reasons of Overriding Public Interest (IROPI) – The site is currently unused – buildings have been, and will continue to deteriorate. Redeveloping this allocated site will make a useful contribution to addressing the local need for market housing in North Tawton. There are likely to be resulting economic benefits including contributing to the viability of local businesses and services. There is a public interest in seeing the buildings restored and being brought back into use as they comprise a listed building and accompanying undesignated heritage assets such as the buildings themselves and the leat, mill pond etc. 2 – No satisfactory alternative – If the buildings are not redeveloped, they will continue to deteriorate, and in the long term it is likely their usefulness for bat roosts will diminish. Avoiding development of Buildings A and C would render the development of the rest of the site undesirable as it would remove the reason for the Council supporting the development of an area outside the settlement boundary. Retaining a large Long-Eared roost in Building A and the resulting loss of usable space would impact on the feasibility of converting and safeguarding that listed building. However, the ecologists have agreed the Long-Eared roost could be included in Bldg C without negative effect on the continuity of the favourable conservation status of the species. 3 – Favourable Conservation Status – If mitigation (timing) and compensation recommendations (provision of new Long-Eared roost in Building C, and other crevice roosts) are followed, then the Protected Species Survey notes that the favourable conservation status will be maintained. It should also be noted that such provision through the proposed conversions will ensure the longevity of the roosts (rather than losing them through deterioration of the building) which will benefit the conservation status of the species.

Dormice The Dormouse Survey found evidence of activity and nesting on the site, and it is thought that dormice are likely to be present throughout the tree lines and connected scrub. The proposals to clear vegetation make it likely that the dormice and their nests would be disturbed. As such the development would, as with the bats above, offend the Habitats Regulations 2010 and would require an EPSL to proceed. Thus in terms of the 3 tests, the following rationale is considered: 1 - IROPI – as above, plus there is also potential for significant hedgerow planting at the site which in time could lead to a larger suitable enhanced habitat for dormice. 2 – No satisfactory alternative – If the ‘do nothing’ option was maintained – it could be anticipated that the site would remain suitable for dormice without deterioration of their habitat. If the southern end of the site was redesigned to avoid impact on the hazel and sycamore coppice, this would impact on the viability of the development (given the importance of the large southern properties). The proposed course of action will incorporate timed works to minimise disturbance, supervised works by hand, and translocation of existing coppice stools to enhance existing riparian habitats and creation of new habitat.

53 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

3 – Favourable Conservation Status – If works are timed to minimise and avoid disturbance, and translocation of existing coppiced stools are undertaken along with new habitat creation and nesting opportunities according to recommendations of the Dormouse Survey then the favourable conservation status should be maintained.

Otters Otters are also an EPS, however although there is evidence of otter visitation in the river adjacent to this site, cautionary measures during construction as well as the long-term retention and enhancement of the riverside and buffer area included within the Environmental management plan (requested via condition) will ensure that they are not disturbed or harmed and that in the long-term the river area is improved. As such it is not considered that the proposal would trigger an EPSL in relation to otters.

Reptiles A low population of grass snakes is supported at the Old Woollen Mill site. Grass snakes are protected under the W&C Act 1981 (as amended) and are a UK BAP priority species, and mitigation (timing of vegetation cutting) and compensation (creation of new habitats and hibernacula) will be used to minimise impacts on reptiles and provide a suitable long term habitat.

Birds A variety of former and active nests were present within the various buildings at the Old Woollen Mill site. The development will result in a loss of current and potential nesting sites. All birds, their nests and eggs are protected under the W&C Act 1981 (as amended), and the works will therefore need to be timed outside of the bird nesting season. In addition to mitigation the development will also need to incorporate new nesting opportunities to replace and enhance the existing sites.

Badgers A main badger sett was found in the southern half of the site, and also a single outlier sett on the eastern bank of the River Taw. Badgers are protected by the W&C Act 1981 (as amended) and the Protection of Badgers Act which makes it an offence to obstruct, destroy or damage a badger sett or disturb badgers in a sett. Adherence to the proposed excavation areas will avoid the need to apply to Natural England for a licence to close the sett.

An Ecological Management Plan would be an effective way of pulling together all of the various habitat requirements for the range of species at the site. This should focus on actions required prior to commencement of works on site, the method and timing of works to meet the various recommendations required for the maintenance of the species/habitats during the conversion/demolition works, and the longer term habitat creation and management of the site. Suitably worded conditions to address the mitigation etc measures for the above and requesting a ecological management plan are recommended by officers and outlined below.

The requirement of heritage, ecology and landscape do overlap in some instances, for example the provision of crevice habitat in the listed building, however 54 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

negotiations on this scheme have involved discussion with all officer disciplines present to ensure these requirements do not conflict and officers are satisfied that they can be achieved in conjunction with one another.

Viability Viability of schemes is an increasing problem due to the economic climate. In addition to this widespread issue, this site is subject to various constraints and issues (set out above) which dictate the viability of development and are likely to explain why this allocated site has remained undeveloped to date.

As above, the flood alleviation works, costs of conversion, road over the leat, contamination remediation etc all add to the cost of developing the site. In addition there are standard policy requirements for planning contributions which further add to the costs of a scheme.

A viability study has been undertaken on this site and then sent for independent evaluation by the District Valuer. The DV has ratified the report and agrees that the site and scheme can not support any on-site affordable housing and has only limited Section 106 Agreement funds available.

Officers accept this and expected this outcome. Whilst it is unfortunate that no on- site affordable housing is forthcoming and that contributions to other funds may be limited, there are potential community benefits being offered through the development of the site such as needed market housing, retention and re-use of the important listed building, its preservation through conversion and retention, and the conversion of the smaller Victorian building for office uses.

If Members support the proposal then the use(s) of the money available through Section 106 Agreement contributions will need to be prioritised in order that an accompanying S106 agreement can be formulated.

These are the items and amounts which would usually be sought if viability were not an issue: DCC Education : Primary: £171,647.00 plus £4,456.25 ICT Contribution = £176,103.25 Secondary: £156,156.30 plus £13,485.00 ICT contribution = £169,641.30 DCC Highways £51’500 for public transport contributions and improvement of ‘virtual footway’ over the bridge Community facilities contributions – £750 per dwelling (£46’500) Affordable Housing at 40% = 25 units

55 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

Whilst North Tawton Town Council have requested community facility contributions it is officer view that, given the community benefits of this scheme to North Tawton, and the existing under-provision of affordable housing in the Town, that a commuted sum for affordable housing should be taken in preference to the community facility contribution.

In addition in a S106 agreement there is the option to revisit this viability at a later stage should the scheme become more profitable in the future. Any additional monies can then ‘top up’ these pots to the level at which we would have required them were the scheme viable.

Overall then it is officer recommendation that the section 106 requires the following allocation of monies:

1. DCC Education :Primary: £171,647.00 plus £4,456.25 ICT Contribution = £176,103.25 and secondary: £156,156.30 plus £13,485.00 ICT contribution = 169,641.30 2. DCC Highways £51’500 for public transport contributions and improvement of ‘virtual footway’ over the bridge 3. Commuted sum for affordable housing £50’000

With an overage clause to top up the funds as follows should additional monies be available: 1. Community facilities contribution to a maximum of £46’500 2. Affordable Housing commuted sum up to a maximum of £1.344million (including the £50’000 above)

The section 106 would also include obligations covering: The flood defence scheme’s management and maintenance (insurance and bond) Landscape/ecological/POS management and maintenance SUDS management and maintenance Phasing of the scheme (to ensure than certain works to the listed and heritage buildings are undertaken prior to the commencement of works on the new-build development.)

Site outside the settlement boundary: Although a portion of this site lies outside the settlement boundary, it does not reach further towards the south than the already built up area adjacent to the site, neither does it reach further to the west than the current settlement boundary. There are viability issues with this site and there are a certain number and type of properties required to support the development and the various requirements/costs of the site (such as conversion of the buildings, contamination remediation, flood alleviation etc). It is not considered that the extension beyond the settlement boundary will have a significantly greater visual impact on the open countryside than the existing allocation. Therefore this departure from policy is, in officer view, acceptable in 56 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

principle as the proposal is considered acceptable overall and the benefits of the scheme are considered to outweigh any dis-benefit of exceeding the settlement boundary.

Conclusion This is an important but challenging allocated site with many on-site features which offer both opportunities and constraints. However as a result of additional research leading to informed productive negotiations and discussions the scheme before members is, in officer view, acceptable and presents a sensitive restoration and re- use of the site and heritage assets whilst ensuring the buildings’ long-term retention which in turn ensures long term habitat protection. The proposal will be a positive attribute to North Tawton Town providing much needed mixed open market housing and business use whilst opening up this site as public realm to the wider community with buildings and River-side access to be enjoyed. The proposal is in accordance with the Development plan in the most-part and the departure of the small amount of development outside the settlement boundary is considered to be acceptable given its necessity to facilitate the restoration of the site and buildings.

Due regard has been given to the provision of the European Convention on Human Rights and in particular to the rights under Article 1 of the First Protocol, namely the right to the peaceful enjoyment of possessions, and Article 8, the right to respect for private and family life. In arriving at recommendations the rights of the applicants have been balanced against the objections raised by third parties. However, having due regard to objectives of Development Plan Policies and Central Government Guidance and relevant consultation replies, it is not considered that these concerns would override the applicant’s reasonable expectations under the Convention.

absence of any other overriding material considerations and having given due weight to all other matters raised in this application including technical and other representations received. The relevant Policies are CO6, CO7, CO8, CO10, ST18, ST18A, TR4, TR5, TR9, TR10, H10, H31, H26, BE9, BE3, BE13, BE16, BE18, BE19, NE10, NE6, T5, T8, T9, T10, PS2, PS3, SP2, SP4, SP9, SP17, SP18, SP19, SP20, SP21.

RECOMMENDATION for 01190/2011 Full planning permission Delegate to Development Manager to GRANT conditional consent once an acceptable S106 agreement is agreed (with obligations as set out above under ‘viability’) and subject to the following conditions:

1. Standard time limit 2. Accordance with the plans 3. Flood management (i) Details (ii) Flood compensation timing (iii) Leat surveying (iv) Timing of bunding and land raising (v) De-silting of leat (vi) EA flood warning service registration 4. Drainage (i) Detailed design for foul and surface water 5. Contaminated land (i) Scheme for remediation 6. Noise (i) Scheme for incorporation of noise protection measures 7. Ecology (i) Detailed works (ii) Ecological Management Plan 8. Archaeology (i) Written Scheme of Investigation (ii) Salvage and re-use schedule 9. Heritage (i) Restoration details for mill leat and pond (ii) Method of repair/treatment of render on building C (iii) Joinery (iv) Samples (v) Eaves and verges (vi) Sills and lintels (vii) Service items, e.g. flues (viii) Details of link design and bridge design (ix) Stonework 10. New build (i) Green roof details and management (ii) Stonework (iii) Materials samples 58 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

(iv) Re-use of materials (v) Removal of PD 11. Landscaping (i) Full scheme (ii) 5 year re-planting (iii) Lighting scheme (iv) Tree protection 12. Use (i) Restriction to B1 13. Highways (i) Details (ii) Construction management and phasing plan

Informatives Water quality and pollution control as requested by the EA Ecology, species and Habitats regulations informative

RECOMMENDATION for 01192/2011 Listed Building Consent GRANT subject to the following conditions:

1. Standard LBC time limit 2. Accordance with the plans 3. Archaeology (i) Written Scheme of Investigation (ii) Salvage and re-use schedule 4. Heritage buildings (i) Joinery details (ii) Samples of materials (iii) Eaves and verges (iv) Sills and lintels (v) Service items, e.g. flues (vi) Details of link design and bridge design (vii) Stonework, sample panels etc (viii) Schedule of repair (ix) Roof structure in Listed building (x) Staircase details in Listed building (xi) Internal wall finishes

Informatives Ecology, species and Habitats regulations informative

APPENDIX 1:

List description: Property listed 8/10/87 Grade II Warehouse to former woollen mill. 1845; later C19 extension (pre-1888). Stone rubble walls with brick dressings and hipped corrugated asbestos 59 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

roof. Long rectangular plan, originally with symmetrical front and with later C19 extension to left. 4 storeys. Originally symmetrical 10-window front with central double doors on each floor and sack hoist at top under gabled canopy. 6- window extension has first-floor loading door to left. Segmental brick arches over later C19 and early C20 fenestration, including small-paned 2-light casements and 2-light casements with lapped glazing; the casements to the top floor windows were originally (later C19) louvred and occupy openings which have been reduced in height. Similar top-floor windows and openings to rear.

Interior: re-floored in early C20, but retains C19 softwood queen-post roof.

The North Tawton woollen mill was established in about 1750 by John Fulford of Crediton, the Fulford family remaining in possession until its Purchase by Gilbert Vicary in 1842. The site was sold to Messrs Shore of Halifax who closed it in 1930. The mill was built for Vicary in 1845, and is shown in its present position on the 1846 tithe map. A good example of a mid C19 warehouse, forming a rare and substantially intact reminder of the former importance of the woollen industry in Devon. ______

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

WARD: Drewsteignton (Cllr P Ridgers)

Application withdrawn at applicant’s request. ______

WARD: Lew Valley/Okehampton East (Cllrs J McInnes; K Ball; A Leech)

PROPOSAL Outline application for a school.

This application is before committee at the request of Councillor McInnes: ‘My reasons are the strategic nature of the site in the Core Strategy.’

Properties to the south of the application site are set on slightly higher land than the application site itself, they are predominantly bungalows. The boundary on this side is a combination of post and wire fencing with a stone retaining wall behind and a predominantly 1.8m high close board fence above that. Due to the variation in levels the majority of the bungalows which back onto the site which are placed along Baldwin Drive, Radford Way have got windows which look over their rear boundaries and into the application site. Some of the properties in the Howard Close area are chalet style bungalows with first floor accommodation some of these first floor windows are visible from the application site.

The site slopes down towards the northern boundary. There is a very dense boundary to the north of the site with a post and wire fence with a mixture of dense native shrubs and semi-mature deciduous trees, the land also continues to fall in this direction beyond the boundary and the two storey properties on the site currently being developed by Persimmon are set at a lower level than the proposed school site land level. In longer views to the north, the land rises and agricultural fields and Abbeyford Woods are clearly visible as well as longer views out towards North Tawton to the north east. WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

CONSULTATIONS Okehampton Hamlets Parish Council: Support the application, ‘it is essential that there are sufficient school places for the expected number of children’.

Okehampton Town Council: Support the application.

Borough Drainage Engineer: Concurs with the Environment Agency's view that we have sufficient information to demonstrate that a drainage scheme can be achieved for the development, albeit connected off site via a surface water sewer to the proposed development to the east and suggest that an appropriate condition is applied to ensure that we receive the details of the design and future management prior to commencement. WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

The protected species survey submitted identifies that the European protected species which may be affected by this application are bats and dormice.

Permission may be granted subject to a condition requiring a detailed mitigation and monitoring strategy for dormice.

Environmental Health: Re amenity - ‘Environmental Health has no objection to this application and I refer you to my comments on app 11590/2008 as below’.

There have been several complaints to this department from residents about the development of homes to the north of this site, mainly from noise and dust. The complaints were resolved informally but it would be appropriate that when considering the application for full planning permission that the mitigation of noise and disturbance during development will be a requirement of consent e.g. hours of working’ WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

South West Water Services: no comments received

DNP Authority: no comments received

Local Residents/Interested Parties:

1 neutral letter raising the following: - No objection to the school - Boulders at rear of Baldwin Drive must not be removed as these are retaining structures WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

- Fences to the rear of Baldwin Drive properties have to be maintained by private properties - Could the timber fences and boulder area remain fenced off from the school site to prevent children climbing the bounders and possible accidents - Please advise when construction is due to start

PLANNING HISTORY 10837/2007/OKE - Certificate of alternative development for residential use on school site (under Section 17 of the Land Compensation Act 1961 – granted 24/9/07

11590/2008/OKE – Construction of new school, nursery, children's centre and associated access and parking (County matters application) – approved 6/6/08

01977/2011 - Outline application (with access to be considered) for residential use (on part of the site subject to this application) – refused on access reasons under delegated powers 21/11/11

Core Strategy Policy/Policies SP1 Sustainable Development SP4 Infrastructure provision SP13 Community services and facilities SP14 Accessibility planning SP17 Landscape SP19 Biodiversity WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

ASSESSMENT The main planning issues associated with this application are those relating to Infrastructure provision (mainly education and transport), biodiversity, drainage, amenity and highways.

Transport DCC Highways have no objection to this scheme, however the brief for the site as a whole includes the provision of a link road through the H4 site from north to south connecting Crediton and Exeter Roads in order to serve the site whilst also relieving pressure on roads elsewhere in the town as a result of the development. The Crediton road end of this spine is in through the Persimmon site and is conditioned to be taken to the boundary of this current application site. Likewise there are conditions ensuring that the Exeter Road end will be delivered to the boundary of this current site. There is a section of the spine road though which will need to link these two ‘ends’ and this will need to be placed within the residentially allocated strip of this current application site.

Any such school will also need this spine road to be in place in order to be served without placing undue pressure on the junctions in town. The provision of the connecting part of this road would therefore have to be provided prior to any other works on this application site in order than both construction and future visiting traffic WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA could utilise accesses from both Crediton and Exeter Roads thus not placing unacceptable pressure on junctions and also allowing accessibility and permeability of the site.

Dormice The 2007 Ecological Impact Assessment (EcIA) undertook various surveys across the 01947/2011 site, and also the larger allocated site to the east. This 2007 EcIA confirmed the presence of dormice throughout the allocated site and specific to 01947/2011, dormouse nests were found within the northern hedgerow of the site. The 2011 EcIA deems there to be a ‘reasonable likelihood that the local dormouse population still uses the northern and western boundary hedge on site as part of their WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA home range.’ The 2011 EcIA states that in practice the northern and western boundary hedges act as one continuous hedge.

In considering the 3 tests, and likelihood of being granted a licence the following is considered: 1 – IROPI –The spine road required as part of the development and is necessary for access to the proposed school site, and as a means of linking the various blocks of the new housing within the allocated site (as the current junctions within the town could not support this new development. The road is a DCC and LPA infrastructure requirement for the allocated site and development therein. 2 – No satisfactory alternative - The location for the spine road is a set point, given that the topography of the site allows for only one route. The northern end of the spine road has already been constructed on the adjacent development (to the north). The spine road is essential to the effective functioning of the allocated site, thus ‘do nothing’ alternative of not completing the spine road would not be acceptable. 3 – Favourable conservation status – The 2007 EcIA considered the 01947/2011 site within a larger allocated site including large areas of arable land and hedgerows to the east. As such, suggested mitigation for dormice within the 2007 EcIA was made WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA for the site as a whole. The subsequent (2009 and 2011) EcIA updates were concerned solely with the current application site, but did not take account of the creation of the gap in the northern hedge which has triggered this consideration of the 3 tests. However, given the knowledge about presence of dormice within the hedgerows on the current and the larger sites, and the mitigation that has been provided related to creation of road gaps within the larger site, it is considered possible to address this 3rd test with confidence. Natural England has commented on the application, and has considered the impact of the road construction. Based on their comments there is a reasonable likelihood that Natural England would grant a derogation licence should one become necessary.

Based on consideration of the 3 tests, officers consider that the proposal would be likely to be granted a licence if required. This would of course be subject to detail of WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA mitigation and compensation required to meet the third test, which would be explored in more detail in a Method Statement which should be secured through Condition (and to accompany any EPSL application if required).

Suitable conditions in relation to the above are set out below.

Drainage Previously this site was proposed to be drained into the SUDs scheme on the neighbouring Persimmon homes site to the North, however as this is now a private rather than County application, both the EA and LPA wished to ensure that the surface water from the site could be dealt with wholly on-site should this be necessary. After some negotiation and revision of the schemes, the EA are now WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA happy with the scheme submitted subject to a scheme ensuring its implementation. There are other possible future solutions to drainage on this site, such as the adjacent SUDs pond or the SUDs scheme proposed to serve the remainder of H4 out to the East, hence any condition will allow the flexibility of alternative schemes.

The scheme consists of on-site attenuation designed to a 1 in 100 event plus 30% for climate change to regulate to an attenuated flow at no greater than a 1 in 100 off greenfield run-off rate.

Foul drainage is proposed to go to the mains sewer via the neighbouring residential development.

Other Landscape Natural England commented in their response that the site is close to the designated landscape of the DNP and that this should be considered. No specific comments have been received from the Dartmoor National Park Authority however the site is allocated for a school site and is set at a lower level than neighbouring residential development to the south, there is thus a buffer of development between the site and WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

DNP. In addition the scheme indicatively shows the buildings as being relatively low in profile and although this is only an indicative plan as ‘appearance’ is a reserved matter, most new schools are low in profile and any future detailed design can ensure that the building should not dominate the skyline in this location.

Conclusion Overall this proposal is considered acceptable, all detailed matters are currently reserved however the site is such that a suitable scheme is thought to be able to be achieved on this site with a suitable design, siting, landscaping etc. With the condition relating to the delivery of the short section of roadway to serve the site and join the spine road access to the site is considered to be acceptable.

RECOMMENDATION GRANT subject to the following conditions:

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 District Planning Authority.

Reason: To ensure that an appropriate record is made of archaeological evidence that may be affected by the development in accordance with policy BE7.

Reason: In the interests of residential amenity in accordance with policies H4 and BE17.

6. Prior to the commencement of development, the following components of a scheme to deal with the risks associated with contamination of the site shall WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

be submitted to and approved, in writing, by the Local Planning Authority. That scheme shall include all of the following elements unless specifically excluded, in writing, by the Local Planning Authority.

Any changes to these agreed elements require the written consent of the Local Planning Authority. The scheme shall be implemented as approved.

Reason: In accordance with policy SP19 of the West Devon Development Plan

13. If it is not possible to remove the section of hedgerow outside nesting season, then the hedge (to be removed) and its immediate surroundings shall be surveyed immediately prior to commencement of works by an appropriately qualified ecologist for nesting birds, and the LPA shall be informed in writing by such an ecologist that there are none present (prior to commencement of works).

Reason: In accordance with policy SP19 of the West Devon Development Plan

Informatives:

1 - The applicants’ attention is drawn to the Provisions of the Wildlife and Countryside Act and in particular the offences relating to disturbance of Nesting Birds of all species.

WARD: Lew Valley (Cllr J McInnes) WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

PROPOSAL Reserved Matters application for 20 dwellings at land adjacent to 33 Baldwin Drive, Okehampton, Devon.

SITE AND SURROUNDINGS The site is located on the East of Okehampton and is a part of the H4 residential allocation site. Beyond the southern hedge of the application site is one of the allocated industrial sites within Okehampton. It is possible from the application site at the time of the site visit to hear some vehicular movement from this site.

The existing properties on Baldwin Drive are a mixture of brick and cream painted render with much red brick detailing, soldier brickwork, predominately white upvc WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA windows, UPVC conservatories and rainwater goods and grey concrete tiles. There are a number of residential windows currently looking onto the application site including 2 quite high level conservatories.

In addition confirmation is requested to ensure that the highways authority is happy to have a soakaway placed beneath the road in the gap of the hedge.

South West Water Services: No comments received.

Flood Risk and Drainage Engineer: Requests further information, outstanding objection at the time of writing.

Landscape Officer: no objections but requested some slight alterations to the originally submitted scheme ‘Whilst I can understand your rationale behind continuing the character of the existing Baldwin Drive I think the problem with Baldwin Drive is its lack of character, I understand that it’s preferable to move away from the idea of complete change but if possible I'd like to see the Beech hedge used a bit more to give it a stronger presence; I would suggest the addition of the side boundaries between 20/19, 19/181/2, 3/4, 6/7, 8/9. I also consider that if it is planted WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA against a railing it will have a much better chance to establish and survive whilst strengthening each properties defensible space, if you could email a standard detail we could agree to that by email. All other points noted with thanks’

13354/2009/OKE Outline application for residential development including means of access - Conditional Consent

Local Plan Review Policy/Policies NE10 Protection of the wider countryside and other open spaces BE13 Landscaping and Boundary Treatment BE17 Potentially Polluting Activity H4 Land to the Eastern Edge of Okehampton H26 Open Space Provision in New Residential Developments T5 Public Transport WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

T8 Car Parking T9 The Highway Network PS2 Drainage PS3 Sewage Disposal

ASSESSMENT The main planning issues relating to this proposal are those of design, layout, amenity, landscaping, biodiversity and drainage.

Although the recent properties along Baldwin Drive are all bungalows, this proposal does incorporate some houses too. The first 7 properties are bungalows with the WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA remaining 13 units being houses. Due to the topography of the land these two storey properties would sit naturally lower than the bungalows, reducing the visual height difference between them. The majority of the units are detached with only 2 pairs of semi-detached properties. Likewise the majority have integral garages with additional off-street parking spaces.

The properties have been set out either side of this central road in a similar rhythm to that already on Baldwin Drive and with a similar set back from the road. There is some variation as to the angle at which the properties are set at, mostly dictated by the sweep in the road. Similarly to the east of the site 2 properties do not front the road but are set off it in a private courtyard type area, this again is similar in layout to that which is present on the present Baldwin Drive such as Baldwin Court and Radford Way.

Drainage Surface water WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

At the time of writing there were still outstanding issues relating to surface water drainage regarding the location and depths of percolation tests. This area is known to have very variable ground water levels and geology, as such the Borough Engineer and the EA are currently negotiating with the agent to achieve suitable test results. As this proposal is for the first phase of the larger outline site, it is not possible to manage surface water drainage in the way in which the remainder of the site is anticipated to be dealt with (i.e. a large SUDS pond to the east) as this site is on the western edge of the larger site and the infrastructure for the pond is not yet in place.

Overall it is anticipated that the testing for percolation can be resolved over the coming two weeks preceding committee, if this is the case then there will be no objections to the surface water drainage design. If this is not the case there may be an outstanding objection which is great enough to cause officers to review of this initial recommendation for approval. Foul water Whilst there is a foul drainage strategy for the larger outline site as a whole which is to put the foul water to the mains sewer which crosses the H4 site, the associated infrastructure for this relies upon the development of the larger part of the site, rather than on this first phase alone. As such this proposal has those new properties which can being fed into the existing main sewer on Baldwin Drive and those further down the hill being fed to a small pump system which is required to then pump the waste uphill to Baldwin Drive. In the longer term the latter properties are proposed to be piped into the wider mains system once in place, however as it is only this phase which is currently for consideration this scheme must be considered in isolation. As such this proposal is acceptable with a continued management and maintenance condition on the pump.

1. Construction works that are likely to be audible at noise sensitive properties shall be carried out only during the following times: 07.30-18.00 hours Mondays to Fridays (excluding Bank Holidays) 07.30-13.00 hours Saturdays and at no time on Sundays WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

In exceptional circumstances, where noisy works are believed to be necessary outside these hours, such works shall only take place on the following basis: a) Prior notification of specified works must be provided for the Council’s Environmental Health team and; b) Notification must be provided to those local residents that are likely to be affected of the nature and duration of works (both shall be notified at least three working days in advance of the activity)

2. All reasonable steps, including damping down site roads, shall be taken to minimise dust and litter emissions from the site whilst works of construction

These are considered reasonable and are recommended conditions as set out below.

Given the potential for presence of breeding sites/resting places, the gap through the hedge could offend Article 12 (1d) of the Habitats Directive – ‘damages or destroys a breeding site or resting place’ of an EPS. As current survey work does not rule out presence of breeding site/resting places in this 3m of hedge (and regardless, survey work would need to be taken immediately prior to vegetation clearance, and supervised during which could then trigger the need for a last minute EPSL application), officers have taken a precautionary approach at this stage regarding the potential for presence of breeding site/resting places. As such, if the LPA considers that Article 12 may be triggered, requiring an EPSL application, as the LPA, we must consider the 3 derogation tests and the likelihood of whether the proposal would be likely to be granted an EPSL.

In considering the 3 tests, and likelihood of being granted a licence officers consider the following: 1 – IROPI – The location for the footpath/cycle link is necessary as part of the green infrastructure for the larger site development. The link will enable future residents living to the north and east of the site to access Baldwin Drive and continue towards Okehampton. Such links are clearly important and will be key to the success of the new residential development and aspiration for residents to walk and cycle within the locality. The need for this housing (and allocation of this site) is well established in the Development Plan and other strategies. 2 – No satisfactory alternative - Such a footpath/cycle link would necessitate a break at some point in this eastern hedge to enable flow of pedestrians/cyclists from the Baldwin Drive towards the north and east and vice versa. The hedge is currently a barrier to any pedestrian/cycle movement across the site, so there is no satisfactory alternative to a break in this eastern hedge. 3 – Favourable conservation status – The 2011 EcIA suggests a raft of mitigation to minimise impacts on dormice, including a check of the hedge prior to commencement of works and a subsequent watching brief during works by an ecologist. Additional planting along the existing hedge is proposed to compensate for the loss of the 3m of hedgerow. Planting of two large trees either side of the gap will go some way to ensuring continuity along the hedge as they close the gap above the footpath/cycleway reducing fragmentation of the hedgerows, and in the short term an aerial link between the hedge/trees on either side (green bridge) might be considered. There is also further mitigation suggested related to lighting and fencing along gardens to minimise ongoing disturbance to dormice. If the proposed WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA mitigation is followed, the EcIA concludes that impacts on dormice will not become significant. Natural England comment (19/10/2011) stated that ‘mitigation proposals, if implemented, are sufficient to avoid adverse impacts on the local population of bats and hazel dormice and therefore avoid affecting favourable conservation status.’ It would therefore be reasonable to conclude that the 3rd test is likely to be satisfied, and based on their comments there is a reasonable likelihood that Natural England would grant a derogation licence should one become necessary.

Awaiting information from applicants on mitigation and monitoring strategy for dormice at the time of writing. Bats The 2011 EcIA concluded that the proposed development would result in no significant impact on bat populations given the retention of hedges (minus the 3m gap), and the low value of the arable habitat in the vicinity of the proposal. The EcIA predicted very low numbers of bats (a few individuals) that would use the hedgerows for feeding/commuting. They noted that inappropriate lighting to the rear of properties could affect these few individuals, and this would constitute low (and not significant) impacts on bats. Mitigation by way of designing lighting to minimise light spillage into hedgerows is suggested.

S106 requirements This proposal (as it is a reserved matters application) is tied by the section 106 agreement which was signed up to under the 13354/2009 outline planning permission this included management and maintenance for POS, landscaping, SUDS, Community Infrastructure and education contributions. It also included a requirement for 35% affordable housing over the outline site as a whole. As a result, although no affordable housing is proposed to be provided within this 20 house phase, this will be compensated for elsewhere within the H4 outline site, i.e. the density will be a little higher in another area as there is none in this phase. Officers WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA consider this to be acceptable, it was not previously envisaged that this end to the Baldwin Drive cul-de-sac would contain affordable housing and we are confident it will be secured elsewhere and thus that the provision in terms of numbers overall will remain unaffected.

Human Rights Due regard has been given to the provision of the European Convention on Human Rights and in particular to the rights under Article 1 of the First Protocol, namely the right to the peaceful enjoyment of possessions, and Article 8, the right to respect for private and family life. In arriving at a recommendation the rights of the applicants have been balanced against the objections raised by third parties. However, having due regard to objectives of Development Plan Policies and Central Government Guidance and relevant consultation replies, it is not considered that these concerns would override the applicant’s reasonable expectations under the Convention.

Applications 01990/2011 and 01992/2011 are on the next page.

WARD: North Tawton (Cllr N Morgan)

AND

WARD: North Tawton (Cllr N Morgan)

APPLICATION NO: 01992/2011 LOCATION: Old Woollen Mill, Mill Lane, North Tawton, Devon EX20 2EE APPLICANT NAME: Mr G Dunn APPLICATION: Listed Building PARISH: North Tawton GRID REF: 265695 101661 PROPOSAL: Works to listed building associated with conversion WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

to residential use CASE OFFICER: Anna Henderson-Smith TARGET DATE: 02/12/2011

The site incorporates a small area of land which lies outside the current settlement boundary.

The site is predominantly an allocated site for housing/mixed use, reference policy H10.

CONSULTATIONS

DCC Highways: ‘this application and its layout is far more sympathetic and more in- keeping with the buildings, both the existing to be converted and the new build.

In the past we have asked for a £50k contribution toward improvements to the existing public transport services which conveniently serve the site…

A new bus stop and associated facilities are to be provided on the site side and I would be looking to improve the facility opposite certainly by providing busboarders.

It was also the intention to improve the virtual footway and to enhance the existing carriageway markings in the vicinity of the site…’

Conservation Officer: WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

‘In summary, my initial thoughts on the revised application are very positive. The scheme is much as discussed with the agents and architects and is a considerable improvement over the previous proposal in many ways. There is more retention of historic fabric and a clearer commitment to reuse of material as well. The new build elements are of a more distinctive and individual style that reinforces the identity of the site and its historic significance within NT and WD. The layout of the new dwellings at the southern end of the site is much better and relates more positively to the landscape and the setting of the heritage assets whilst providing screening to the adjacent haulage depot site. The use of a contemporary design language with an environmental element to it seems to me an appropriate way to handle this sensitive part of the development. Whilst we have a lot more detail there are, of course, things which need to be clarified, but I would think this can mostly be achieved by conditions with maybe a little additional information...’

Borough Drainage Engineer: No objection but recommends a condition.

SWW: Foul drainage system has capacity of the development without further works.

Your Council should be satisfied that the site passes the Sequential Test. WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

Following the revisions to the flood compensation scheme after the discovery of a Badgers Sett, the EA have advised that the revised flood plain compensation scheme is acceptable.

North Tawton Town Council: Support, ‘Please note reservations regarding traffic and s106 monies…would also like to request a community infrastructure levy for the Town proportional to the scale of the development’.

Re Noise: Acceptable with a condition for noise protection.

Countryside and community officer: No objections, recommends conditions

Representations: 3 letters of objection received outlining the following concerns:

· Development would not benefit North Tawton in any way · The proposed access from Fore Street ‘defies logic’ as two lorries can not pass here · The bridge is inadequate for present traffic and dangerous to pedestrians · Vehicles would either have to use the bridge or go through the town which is congested · Inadequate levels of parking given over to Mill Lane residents (1.5 per house) · North Tawton does not need residential development, unemployment is high and more people will increase the pressure on amenities such as the school and doctor’s surgery · More houses will lead to an increase in noise, traffic and pollution · The development will have a detrimental effect upon the historically important Mill and its surrounding area · Negative impact on biodiversity · Area is greenfield · Not clear what the environmental impact will be upon the floodplain

PLANNING HISTORY

01163/2011 – Erection of 40 new residential units and conversion of 3 buildings to provide additional 19 residential units. Refused by planning Committee on 26/4/11 for the following reasons:

The proposal, by reason of its over-engineered road, road location, layout, land raising and new building design, would have a significant detrimental effect upon the landscape around, and thus the setting of, this listed building, particularly from public viewpoints such as adjacent footpaths and the Tarka Trail. As such the proposal is WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA contrary to policies H10, BE3, NE5 and BE13 of the West Devon Local Plan, CO7 of the Structure Plan and the advice of PPS5.

01164/2011 – Listed building consent application accompanying the above full application Refused by planning Committee on 26/4/11 for the following reasons:

Insufficient information has been submitted with this application in relation to the conversion, recording and restoration of the heritage buildings, leat and mill pond, to allow the Local Planning Authority to fully assess the impact of the proposal upon these assets and their value and significance. As such the proposal is contrary to policies BE3, H10 and BE9 of the West Devon Local Plan, CO8 and CO7 of the Structure Plan and the advice of PPS5.

The proposal, by reason of its over-engineered road, road location, layout, land raising and new building design, would have a significant detrimental effect upon the landscape around, and thus the setting of, this listed building, particularly from public viewpoints such as adjacent footpaths and the Tarka Trail. As such the proposal is contrary to policies BE3 and H10 of the West Devon Local Plan, CO7 of the Structure Plan and the advice of PPS5.’

POLICY FRAMEWORK PPS1 Delivering Sustainable Development PPS3 Housing WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

PPS5 Planning for the Historic Environment PPS25 Development and Flood Risk PPS13 Transport

Structure Plan 2001 - 2016 Policies CO6 Quality of new development CO7 Historic settlements and buildings CO8 Archaeology CO10 Nature conservation and species protection ST18 Affordable Housing ST18aMix and Type of housing TR4 Parking TR5- Hierarchy of modes of transport TR9 Public transport TR10 Strategic road network

SP2 Renewable energy SP4 Infrastructure Provision SP9 Meeting housing needs SP17 Landscape Character SP18 Heritage SP19 Biodiversity SP20 Design quality SP21 Flooding

SPG Development brief for the site

ASSESSMENT WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

This site is constrained by several on-site characteristics and factors, the current proposal is the result of the previously refused scheme, further negotiation between the agent and LPA resulting in additional research informing design/layout alterations by the architect.

The main site issues are as follows:

Upon completion latent defect insurance for the development including the flood defence works will be put in place by the management company set up to undertake the development maintenance and repairs funded by an annual charge payable by all households on the site (not Mill Lane cottages).

The EA commented on this proposal as follows as they had been previously concerned about future maintenance:

‘The management agreement appears to be reasonable and recent standard practise based upon our experience. It would make sense for the agreement and any legal items to be include in the S106.

We will be unable to help as we will not take on any new defences now or in the future’

The EA suggested several flood related conditions which are included in the recommendation below to help reduce flood risk to an acceptable level.

Highways and parking The scheme proposes a new access from Fore Street and on-site parking, leat bridge and roads as well as new parking for Mill Cottages. The road has altered in its position and design from the previously refused application. Its level of engineering WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA has reduced and its layout has been softened to wind through the site providing natural traffic calming. Whilst it is still of a standard which would allow for emergency vehicles and waste vehicles etc, the road has been reduced to single lane in many places with passing places as opposed to two lane. This is in order to both reduce the land given over to the road and reduce its visual impact and hard surfacing, whilst also discouraging on-street parking which can lead to problems for motorists, waste vehicles etc. DCC and officers are satisfied with the scheme and request several recommended conditions and the provision of the new bus stop, shelter and monetary contribution to the local bus service and improvement of the existing ‘virtual footway’ over the bridge.

Amenity

It is considered that the residential units proposed have adequate external amenity space both private and communal to meet their future needs.

Landscaping There were previous landscape concerns predominantly concerning the raising of the land to the south of the site by approximately 1.3m around some existing alder trees which would be set down into a round about type layout. This area of the application site is extremely visible from the Tarka Trail and from the road into North Tawton. This land raising would also have lead to the loss of the majority of the trees to the south as they would have been partially buried. However following the previous refusal, an alternative and preferable scheme has now been achieved. The larger detached properties to the south are still present as they are crucial in the viability of the proposal, however they are all located to the east of this area against WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA the existing leat and towards Gregory’s buildings. They are now of a more contemporary style which has made them lower in profile with green roofs, they will also be read from the public right of way against the existing development of the hauliers.

The LPA needs to consider the 3 tests as set out in the Conservation of Habitats and Species Regulations 2010 which inform Natural England’s decision making process on EPSL applications. The LPA should be confident that the development meets the 3 tests and would therefore be successful in an application for an EPSL before granting planning permission. In terms of the 3 tests, the following rationale is considered: 1 - Imperative Reasons of Overriding Public Interest (IROPI) – The site is currently unused – buildings have been, and will continue to deteriorate. Redeveloping this allocated site will make a useful contribution to addressing the local need for market housing in North Tawton. There are likely to be resulting economic benefits including contributing to the viability of local businesses and services. There is a public interest in seeing the buildings restored and being brought back into use as they comprise a listed building and accompanying undesignated heritage assets such as the buildings themselves and the leat, mill pond etc. 2 – No satisfactory alternative – If the buildings are not redeveloped, they will continue to deteriorate, and in the long term it is likely their usefulness for bat roosts will diminish. Avoiding development of Buildings A and C would render the development of the rest of the site undesirable as it would remove the reason for the Council supporting the development of an area outside the settlement boundary. Retaining a large Long-Eared roost in Building A and the resulting loss of usable space would impact on the feasibility of converting and safeguarding that listed building. However, the ecologists have agreed the Long-Eared roost could be included in Bldg C without negative effect on the continuity of the favourable conservation status of the species. 3 – Favourable Conservation Status – If mitigation (timing) and compensation recommendations (provision of new Long-Eared roost in Building C, and other crevice roosts) are followed, then the Protected Species Survey notes that the favourable conservation status will be maintained. It should also be noted that such provision through the proposed conversions will ensure the longevity of the roosts (rather than losing them through deterioration of the building) which will benefit the conservation status of the species.

Dormice The Dormouse Survey found evidence of activity and nesting on the site, and it is thought that dormice are likely to be present throughout the tree lines and connected scrub. The proposals to clear vegetation make it likely that the dormice and their nests would be disturbed. As such the development would, as with the bats above, offend the Habitats Regulations 2010 and would require an EPSL to proceed. Thus in terms of the 3 tests, the following rationale is considered: 1 - IROPI – as above, plus there is also potential for significant hedgerow planting at the site which in time could lead to a larger suitable enhanced habitat for dormice. 2 – No satisfactory alternative – If the ‘do nothing’ option was maintained – it could be anticipated that the site would remain suitable for dormice without deterioration of their habitat. If the southern end of the site was redesigned to avoid impact on the hazel and sycamore coppice, this would impact on the viability of the development (given the importance of the large southern properties). The proposed course of action will incorporate timed works to minimise disturbance, supervised works by WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA hand, and translocation of existing coppice stools to enhance existing riparian habitats and creation of new habitat. 3 – Favourable Conservation Status – If works are timed to minimise and avoid disturbance, and translocation of existing coppiced stools are undertaken along with new habitat creation and nesting opportunities according to recommendations of the Dormouse Survey then the favourable conservation status should be maintained.

The requirement of heritage, ecology and landscape do overlap in some instances, for example the provision of crevice habitat in the listed building, however negotiations on this scheme have involved discussion with all officer disciplines present to ensure these requirements do not conflict and officers are satisfied that they can be achieved in conjunction with one another.

However as discussed this scheme would be unviable if all of these were achieved, as such there is no on-site affordable housing proposed, however there are adequate funds to meet the education payment requirements and the highways requirements with an additional £50’000 remaining. WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

Overall then it is officer recommendation that the section 106 requires the following allocation of monies:

Site outside the settlement boundary: Although a portion of this site lies outside the settlement boundary, it does not reach further towards the south than the already built up area adjacent to the site, neither does it reach further to the west than the current settlement boundary. There are viability issues with this site and there are a certain number and type of properties required to support the development and the various requirements/costs of the site (such as conversion of the buildings, contamination remediation, flood alleviation etc). It is not considered that the extension beyond the settlement boundary will have a significantly greater visual impact on the open countryside than the existing allocation. Therefore this departure from policy is, in officer view, acceptable in principle as the proposal is considered acceptable overall and the benefits of the WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA scheme are considered to outweigh any dis-benefit of exceeding the settlement boundary.

Reason for approval This application has been determined in accordance with Section 66 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 in respect of planning applications which affect a listed building or its setting which requires that special regard shall be had to the desirability of preserving the building or its setting or any features of special architectural or historic interests which it possesses. This application has been determined in accordance with approved Development Plan Policies; relevant Government planning policy guidance; and approved in the absence of any other overriding material considerations and having given due weight to all other matters raised in this application including technical and other WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA representations received. The relevant Policies are CO6, CO7, CO8, CO10, ST18, ST18A, TR4, TR5, TR9, TR10, H10, H31, H26, BE9, BE3, BE13, BE16, BE18, BE19, NE10, NE6, T5, T8, T9, T10, PS2, PS3, SP2, SP4, SP9, SP17, SP18, SP19, SP20, SP21.

1. Standard time limit 2. Accordance with the plans 3. Flood management (i) Details (ii) Flood compensation timing (iii) Leat surveying (iv) Timing of bunding and land raising (v) De-silting of leat (vi) EA flood warning service registration 4. Drainage (i) Detailed design for foul and surface water 5. Contaminated land (i) Scheme for remediation 6. Noise (i) Scheme for incorporation of noise protection measures 7. Ecology (i) Detailed works (ii) Ecological Management Plan 8. Archaeology (i) Written Scheme of Investigation (ii) Salvage and re-use schedule 9. Heritage (i) Restoration details for mill leat and pond (ii) Method of repair/treatment of render on building C (iii) Joinery (iv) Samples (v) Eaves and verges (vi) Sills and lintels (vii) Service items, e.g. flues (viii) Details of link design and bridge design (ix) Stonework 10. New build (i) Green roof details and management (ii) Stonework (iii) Materials samples (iv) Re-use of materials (v) Removal of PD 11. Landscaping WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA

(i) Full scheme (ii) 5 year re-planting (iii) Lighting scheme (iv) Tree protection 12. Use (i) Restriction to B1 13. Highways (i) Details (ii) Construction management and phasing plan

Informatives Water quality and pollution control as requested by the EA Ecology, species and Habitats regulations informative

RECOMMENDATION for 01192/2011 Listed Building Consent GRANT subject to the following conditions:

Informatives Ecology, species and Habitats regulations informative

APPENDIX 1:

List description: Property listed 8/10/87 Grade II Warehouse to former woollen mill. 1845; later C19 extension (pre-1888). Stone rubble walls with brick dressings and hipped corrugated asbestos roof. Long rectangular plan, originally with symmetrical front and with later C19 extension to left. 4 storeys. Originally symmetrical 10-window front with central double doors on each floor and sack hoist at top under gabled canopy. 6- window extension has first-floor loading door to left. Segmental brick arches WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA over later C19 and early C20 fenestration, including small-paned 2-light casements and 2-light casements with lapped glazing; the casements to the top floor windows were originally (later C19) louvred and occupy openings which have been reduced in height. Similar top-floor windows and openings to rear.

Interior: re-floored in early C20, but retains C19 softwood queen-post roof.

WARD: Bere Ferrers (Cllrs M Benson; R Musgrave)

APPLICATION NO: 02098/2011 LOCATION: Silver Barn, Hewton House, Bere Alston, Devon, PL20 7BW APPLICANT NAME: Mr and Mrs Gentle APPLICATION: Removal of Condition/Variation of Condition PARISH: Bere Ferrers GRID REF: 243115 65657 PROPOSAL: Removal of condition 3 attached to planning consent 4045/2003/TAV which renewed planning consent CU.3.29.1404/97/14939/000 CASE OFFICER: Katie Graham TARGET DATE: 02/01/2012

The application is before Committee at the request of Cllr Benson on the following grounds: “I understand that the owners of the property have tried to let out the property as a holiday let since 2004, and have never made a profit. They believe that the lower level market is saturated and the business is not viable. They have even tried to sell the property as a going concern, without success .The parish council supported the application & I will recommend that this application goes to committee.”

PROPOSAL Removal of condition 3 attached to planning consent 4045/2003/TAV which renewed planning consent CU.3.29.1404/97/14939/000. Condition 3 was a holiday let condition attached to a barn conversion approval.

SITE AND SURROUNDINGS Silver Barn is a converted barn holiday let, which was approved in 2003. A condition was added to this approval which restricted the use of the barn to a holiday let use (not to be used for more than 6 weeks). The barn has been converted and has been used as a holiday let, and is sited outside of any settlement boundary, and is therefore open countryside. Hewton does not have a settlement boundary. There is a small number of surrounding residential buildings, including Hewton Farm to the east and south east, and holiday lets relating to, and including Hewton House to the south. An old nursery site is located to the west, which has consent for 2 new build holiday lets. The site is located within the AONB, and also the World Heritage Site.

CONSULTATIONS Bere Ferrers Parish Council: Support this proposal

County Highways Authority: Do not wish to comment

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

Environment Agency: No comments received

South West Water Services: No comments received

Local Residents/Interested Parties: None

PLANNING HISTORY 11083/2007/TAV Change of use from holiday let to full residential use Refusal 13/12/2007

Refusal reasons: “1. It is not been demonstrated that every reasonable attempt has been made to secure the continued commercial re-use of this building as a holiday cottage, or that a reasonable attempt has been made to secure another business re-use. As such the proposed removal of condition 3 of the decision letter dated 18/03/05 ref. 4045/2003/TAV would be contrary to policies RB1 and RB2 of the West Devon Borough Local Plan Review and the advice of PPS7. 2. The roads giving access to the site are, by reason of their inadequate width and poor alignment, unsuitable to accommodate the increase in traffic likely to be generated, contrary to Policy TR10 of Devon County Structure Plan. 3. The proposed development would be located where it is remote from adequate services, employment, education, public transport etc:, and would therefore increase the need for travel by private vehicles contrary to Policies TR2 and TR5 of the Devon County Structure Plan. 4. The lifting of the holiday occupancy condition would result in the creation of a new dwelling in an unsustainable location, remote from services and public transport and entirely dependent of the private motor car. As such the proposal is contrary to policy NE10 of the West Devon Borough Local Plan Review, policy ST1 of the Devon County Plan and the advice of PPS1, PPS3, PPS7 and PPG13.”

4045/2003/TAV Renewal of permission No. CU.3.29.1404/97/14939/0 for change of use of barn to residential dwelling Conditional Consent 17/03/2003 Condition 3: “The holiday dwelling shall be used only for holiday short letting purposes and shall not be occupied for periods exceeding six weeks inclusive by a person/persons and a register of lettings shall be available for inspection during normal working hours by a recognised officer of the West Devon Borough Council.

Reason: To ensure that the holiday dwelling are not used as a permanent dwelling(s) and to define the use.”

14939/0 Change of use of barn to residential accommodation Conditional Consent 29/01/1998

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

POLICY FRAMEWORK PPS1 Delivering Sustainable Development PPS7 Sustainable Development in Rural Areas

Structure Plan 2001 - 2016 Policy/Policies ST1 Sustainable Development TR10 Strategic Road Network and Roadside Service Areas

Local Plan Policies NE10 Protection of the wider countryside and other open spaces RB1 Conversion and Re-use for employment purposes RB2 Conversion and Re-use for residential purposes

SPD The Re-use of Rural Buildings

Core Strategy Policies SP1 Sustainable Development SP5 Spatial Strategy SP10 Supporting the Growth of the Economy SP11 Rural Regeneration

ASSESSMENT As the barn is sited outside the settlement boundary, in order to be converted to a full residential use, there is a need to meet certain requirements, as stated in Local Plan Policy RB2. As the conversion is not a subordinate part of another scheme (business, industrial, tourism or recreation), or required for an agricultural, horticultural or forestry worker, the main issue to assess is whether the building has been proven unsuitable for business re-use and whether it is clear that every attempt has been made to secure a business re-use.

The building started being let out in the financial year 2004/2005 until 2009/2010. The supporting details advise that the holiday let was advertised through West Country Cottages and then Tamar Valley Tourism Association website. Details have been submitted that indicate a financial loss each year. However, there have not been any details of letting charges and occupancy rates. In addition, there has not been any corroboratory evidence from the letting agents. Officers have therefore not been able to consider why there has been a financial loss each year.

In addition, the SPD states that “applications for this type of use must include a statement and supporting evidence of the efforts that the applicant has made to secure business re-use during a 12 month period”. Normally, this means the building will be marketed at a price that reflects the holiday let restriction, for a period of 12 months. This has not been carried out in this case and there have not been any details that indicate that an effort has been made to secure a business re-use.

In addition, the barn is subject to an outdated holiday let condition, which restricts the occupancy to short holiday lettings only (6 weeks per year). There have been no planning applications to vary this condition to a more flexible model condition that is

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

now used by the Local Planning Authority, which would potentially improve viability of the business.

There has been no evidence submitted to show that a reasonable attempt has been made to secure a business re-use, other than holiday let use. This needs to be carried out in order to clearly show that a responsible attempt has been made to secure suitable business re-use, and to justify the removal of the condition.

Accordingly it would be unwarranted and contrary to policies RB1 and RB2 to agree, at this stage, to lift this condition thereby creating a new dwelling in the open countryside, contrary to policy NE10.

Comments upon Previous Application Planning application 11083/2007/TAV previously refused the removal of the holiday let condition. The details submitted within this application included details of lettings, including rents and letting rates. The barn was also put on the market for a period of approx 12 months. It was considered that details in relation to the letting of the barn did not demonstrate the holiday let was not economically viable. There was also concerns regarding the marketing of the barn, as it was not considered that the barn was marketed at a price that reflected its business use, and it was only marketed for holiday let use.

Comment Upon Neighbouring Application Planning application 01573/2011 recently granted consent for 2 new build holiday let cottages. This was in relation to Hewton House, which has 2 existing holiday lets, and a further approval for one. The details submitted with this application indicated that these holiday lets were operating at a better than average occupancy rate for West Devon, and was an economically viable business. This relates to a neighbouring site, not within the applicants ownership, but indicates that holiday lets within this area can be viable.

Human Rights Due regard has been given to the provisions of the European Convention on Human Rights, and in particular to the rights under Article 1 of the First Protocol of the applicant(s) with respect to his/her/their right to peaceful enjoyment of possessions and protection of the property. Due regard has also been given to the rights, under Article 8, of local residents with respect to their rights for private and family life. In arriving at a recommendation the rights of the applicant(s) have been balanced against the interests, as expressed through the Development Plan and Central Government Guidance.

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

RECOMMENDATION REFUSE for the following reasons: 1. It has not been demonstrated that every reasonable attempt has been made to secure the continued commercial re-use of this building as a holiday cottage, or that a reasonable attempt has been made to secure another business re-use. As such the proposed removal of condition 3 of the decision letter dated 18/03/05 ref. 4045/2003/TAV would be contrary to policies RB1 and RB2 of the West Devon Borough Local Plan Review and the advice of PPS7. ______

WARD: Thrushel (Cllr D Horn)

APPLICATION NO: 02149/2011 LOCATION: Barbaryball House, Lifton, Devon PL16 0AU APPLICANT NAME: Mr R McHowat APPLICATION: Full PARISH: Stowford GRID REF: 241109 85947 PROPOSAL: Installation of 50kw ground mounted photovoltaic array CASE OFFICER: Ben Dancer TARGET DATE: 19/01/2012

The application is before Committee at the request of Cllr. D Horn stating that; (The report) “does not allay the fears of Stowford P.C. or their Chairman regarding Health and Safety to the surrounding neighbourhood, created by the engineering works needed for the installation of Solar Panels at this site, and together with my own concerns and comments that I have received, regarding the detrimental visual impact from the West Devon Highway, I have no alternative but to request that Planning Application 02149/2011 –Barbaryball House, Lifton, be brought into Committee”.

PROPOSAL The proposal is for the Installation of a 50Kw ground mounted photovoltaic array.

SITE AND SURROUNDINGS The application site consists of a triangular section of land currently utilised as a field in association with the dwelling known as “Barbaryball House”. The field is located to the north/north-east of the dwelling and adjacent to the road which runs from Sprytown Cross (connecting to the Old A30) and Rexon Cross (to the north of the A30)

A public right of way is situated approximately 400m to the west of the application site which runs from north to south. Dingles Steam village is located approximately 480m to the north-west of the application site.

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

The site slopes downward from the northern boundary of the site toward the dwelling at the southern boundary of the site. The site also slopes downward from the eastern boundary to the western boundary but to a lesser extent.

At the current time hedges bound the western and eastern boundaries, being between 1-1.3m in height. There are a number of mature deciduous trees growing at intervals within the eastern boundary hedge.

The site is currently given over to grass with a field gate located within the eastern boundary almost at its meeting with the northern boundary. It is not clear as to whether this field gate is in active use, although it could be utilised as such without planning consent.

The dwelling and application site can also be accessed via the main drive which egresses onto the main road running to the east of the site and sloping sharply down toward the dwelling and barn complex (currently being converted to holiday letting accommodation)

A number of photovoltaic panels have been affixed to the southern roof plane of the dwelling, although these have most likely been done without the need for planning consent due to the property retaining its permitted development rights.

CONSULTATIONS Note: The application has been the subject of two 21 day consultation periods as revised plans were received altering the position and number of frameworks that will form the overall array (number of frameworks forming the array alters from 6 to 7)

Consultation responses for both the original scheme and those relating to the amended scheme are detailed below;

Stowford Parish Council:

Proposal Installation of 50Kw Ground Mounted Photovoltaic Array

The Parish Council has studies the documentation of the above planning application, viewed the site and

Object to the proposal (ie wish to see it refused) - for the following reasons: The planning application states 50Kw but the documentation states a 30Kw array- The Parish Council are unable to assess the full effects on the amenity or other planning areas without knowing what is being proposed. The planning application states the array will occupy an area of 0.15ha, is this area of a 30Kw or 50Kw array. The drawing showing side views of panel with hedges, identified with No3, shows the top of panel as 2.4 metres high and the hedges nearly double the height. The documentation states a hedge height of 2.0metres.

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

The drawing showing side views of panel with hedges, identified with No3, shows the panels mounted on a two legged frame or structure but Kontakt, Sikia GmbH brochure has a single legged structure stared. No detail or dimensioned drawings to know the location, site or impact of the proposal. There are no drawings that identify the exact number of panels or the location. The drawing identified "Temp/02459 shows measurement from the top of a gatepost and range from -1355 to + 7837. These dimensions indicate that the panels would have an extensive visual impact as some would be nearly 6 metres above hedge rows. The hedgerow when viewed from the road alongside the proposed site are less than 1 metre higher than the road so would not shield the array and have extensive visual impact. The Proposed location being so close to the road, the panels being higher than the hedgerows would be illuminated by car headlights using the road and could cause drivers concentration to be removed from the road, resulting in vehicle accidents. The documentation fails to identify all the locations within the Parish that this proposal would have an extensive visual impact upon. From looking at old maps (1800's) of the location it is identified as an area of a quarry. Is the ground suitable for holding the ground fixings? Any disturbance of the grounds which Is within a known ground containing arsenic area could have a detrimental effect on the environment and as it slopes to the River Thrushel pollute it. This type of installation has to connect into the local power distribution system; there is no assessment of the viability of this installation to handle the power loads generated.

Cllr Hewett - Chairman Stowford Parish Council

Proposal Installation of 50Kw Ground Mounted Photovoltaic Array

The Parish Council has studied the documentation of the above planning application, including the amended drawing and additional information supplied, viewed the site and

Object to the proposal (ie wish to see it refused) - for the following reasons:

All the previous reasons stated in our letter dated 22/12/2011 The amended drawing shows a different number of arrays to the original application so we are not in a position to know what is being applied for. We do not know the number of solar panels that makes up the development nor the Kilowatt peak rating output of the system. The amended details state that the development will be using Schuco MSE210 ground mounted system. On page9 of the Schuco technical information brochure 259 156, it states "The depth they are driven in will

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

depend on the ground classification and ground survey" This statement refers to the support posts. There are no ground classification details or ground survey. We need to be satisfied in making our decision that this is a suitable system for the locality, especially as the area has been quarried and reclaimed in the past. The application fails to provide any technical information or design details needed by all the bodies that have to comment and approving authorities. There are no details of how this application conforms to BS7671:2008 section 712. This standard is primarily concerned with the safety of humans or livestock that could come into contact with any part of this development. A development of this nature has to be conform to Energy Networks Associations Engineering Recommendations G83/1 (2003) and G59/1. There are no details of how this development meets or achieves the minimum requirements. G83/1 requires the developer to provide the wind loadings and the technical details of the proposed mounting system. An array acts as a huge wind sail and if not properly engineered could detach from the mounting system or even take with it the mounting system as well in a strong wind and cause injury to persons and cause vehicle accidents. There are no details in the application of how the development conforms to Part P building regulations. As there are no technical drawings or details of how the development conforms to Part P Building Regulations the WDBC building control department are not able to provide a detailed or proper response to enable the planning department to decide if the development is suitable. Full Buildings Control approval will be needed and on completion of the development, a full certificate needs to be issued by a suitably qualified engineer, has this person been consulted on the development and in this day and age of looking at costs, there is no details of the costs being absorbed by the applicant.

Cllr Hewett - Chairman Stowford Parish Council

County Highways Authority: No objection - “this is a small scale proposal and there are no issues associated with traffic on the approach roads to the development site”. (Comments remain unaltered with respect to the amended scheme)

Environment Agency: No comments – “the proposal falls outside the scope of matters for which the Environment Agency is a statutory consultee and therefore we have no comments to make on it. (Comments remain unaltered with respect to the amended scheme)

Technical Assistant (drainage and coastal): No objection – “the applicant is proposing to dispose of surface water via an existing watercourse. The proposed outfall works to a watercourse are subject to consent from the Environment Agency. The applicant shall therefore need to obtain such consent from that Authority. This

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

can be made a condition”. (Comments remain unaltered with respect to the amended scheme)

Environmental Health Officer: No objections. (Comments remain unaltered with respect to the amended scheme)

Representations: 2 letters of representation have been received raising the following issues with respect to the original application;

- the development would have a detrimental visual impact - not all points from which the development can be viewed have been shown in the plans submitted - the plans showing hedges give inaccurate hedge heights - the panels will protrude above the hedge line - is the application for 30Kw or 50Kw array?

No further letters have been received with regard to the amended scheme either confirming or removing the above objections. They have been considered by the case officer as remaining in effect and have been given due consideration in assessing the application inclusive of the amended scheme.

PLANNING HISTORY 6395/2004/TAV Conversion of barns to six holiday let units together with the erection of a single storey glazed link and extensions. Granted 15/09/04

Policies PPS1 Delivering Sustainable Development PPS7 Sustainable Development in Rural Areas PS22 Renewable Energy

County Structure Plan 2001 - 2016 ST1 Sustainable Development CO1 Landscape Character and Local Distinctiveness CO9 Biodiversity CO10 Nature Conservation CO12 Renewable Energy Development CO13 Protection of Water Resources and Flood Defence CO14 Conserving Agricultural Land TR10 Strategic Road Network and Roadside Service Areas

Local Plan Review NE10 Protection of the wider countryside and other open spaces BE19 Contaminated Land PS2 Surface Water Drainage T9 The Highway Network

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

Core Strategy SP1 Sustainable Development SP3 Renewable Energy SP17 Landscape

ASSESSMENT Visual Impact The proposed array consists of 7 banks of solar panels affixed to a mounting system detailed as a ShÜco MSE 210 ground-mounting system support post. The system indicates a single legged design that is driven into the ground with four horizontal mounting rails forming the affixing point for the panels.

The plans indicate that there will be seven arrays forming the overall array. Six of these are indicated as being 15m in length and the seventh as being 11m length. The total amount of photovoltaic panels that will be affixed to the frameworks is 200 panels. This has been confirmed by the agent for the applicant.

The plans indicate the ground level points for the panels and a typical section has been provided to show the panels in profile. The section shows a two-legged mounting system, however as previously stated the system proposed for use has been confirmed as a single legged system. The section therefore has been treated as only donating the angle and uppermost height of the each array shown as 2.4m at their highest point.

The plans indicate that the panels will be situated below the height of the base of the existing field gate post (datum point, 70m above sea level). The plans indicate that the northernmost array being the uppermost due to the topography of the field would be situated so that its highest point above ground level (eastern corner) is 69.74m above sea level. This has been calculated by measuring the ground level at the highest corner of the array and adding a height of 2.6m to represent the highest part panels when angled on the framework. It is understood that nominal height of the arrays will be 2.4m; however 2.6m has been allowed to account for undulation in the land.

In either case the height of the uppermost part of the overall array is shown to be below the datum point. The plans incorrectly state that the figure of 2.6m should be subtracted from the surveyed levels. Clarification from the agent confirms the case officer’s view that this height should be added to the survey levels as opposed to subtracted.

The lowest part of the proposed development in terms of structures is indicated by the siting of the inverter housing which was originally shown at the northern boundary of the site. The unit indicated for the inverter housing is shown as being 2m in height with ground level being at 53.21m at the location of the housing.

The site can be viewed from the aforementioned public right of way and also from the adjacent road. The site is viewable when standing at the junction known as

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

Sprytown Cross. Views toward the site from the Old A30 are glimpsed views when driving from Lifton toward Lewdown.

The revised plans indicate that the hedge which forms the western boundary of the site is proposed to be maintained at a height of 2m. No other landscaping proposals have been indicated on the plans.

The case officer has viewed development from the above mentioned viewpoints and concludes that the overall impact of the arrays given the topography of the land and the numbers of panels to be installed does not create an undue visual impact within the landscape.

The proposal will be visible from the road leading past the eastern boundary of the site, but the panels are located at a low point within the application site and therefore not directly adjacent to the highway. Views from the Old A30 are limited due to the speed of vehicles, the height of the hedge bank being above the level of the road in most places and the transient nature of such views.

It is the conclusion of the planning officer that whilst the panels will be visible they are read in context with the existing dwelling and barn complex and represent a small sale development within the context of the wider rural landscape.

Ecological Impact The application has been accompanied by an ecological survey and Natural England has not raised an objection to the proposal.

Highways Safety Concerns have been raised with regard to the potential for car headlights to reflect from the mounting system and cause drivers to be distracted leading to potential accident. Further consultation on this matter with the Devon County Highways Officer has confirmed that they do not raise this as an objection or wish to amend their original comments.

Contaminated Land Concerns have been raised regarding the previous use of the site as a quarry, land stability and contaminated land. Consultation has been undertaken with the Environmental Health Officer and they have confirmed no objections to the proposal on these grounds. They have suggested that a condition could be applied to cover the matter of contaminated land, should it be detected on site.

Building Regulation Concerns have been raised regarding the lack of information relating to building regulation. Members will note that whilst not a material planning matter the case officer has confirmed with the Building Control officer that such developments are not dealt with by Building Control. In some instances installations to buildings require regulation under Part P of the Building Regulations, but these do not apply to ground mounted arrays.

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

Further concerns regarding compliance with BS7671/2008, section 712 have been raised. Again it is officer understanding from consultation with the Building Control Officer that this refers to electrical installations. It is referred to within Part P, but that Part P does not apply to this development.

Other concerns have been raised with regard to the developments compliance with the Energy Networks Associations Engineering Recommendations G83/1 (2003) and G59/1. this has been raised with respect to wind and the ability of the arrays to become detached from their mountings.

Information relating to this has not been supplied as part of the application. However these are not regulations but recommendations. They are not recommendations that have been referred to as guidance in planning terms and therefore they cannot be used as a basis for assessing the application.

It is officer understanding that these recommendations are sometimes utilised when considering the affixing of panels to roofs as wind shear and the ability of rafters to support the extra weight of panels then falls within the scope of Part P of the Building Regulations.

In any instance any compliance with any regulations relating to electrical installations are not material planning considerations.

Inaccurate plans/lack of information Objections have been received to both sets of plans over the accuracy of the development shown. The case officer has confirmed that the most recently revised layout plan accurately depicts 7 arrays, their positions relative to the boundaries, the location of the inverter housing and the proposed height of the western boundary hedge.

In addition the number of panels has been confirmed as 200 in total and that the datum from which relative ground levels have been taken is from the base of the existing gatepost giving a fixed datum of 70m.

The mounting system has been confirmed as a single legged system and the overall capacity of the array is as described, being 50Kw.

Whilst not material to the determination of this application the case officer has been informed by the agent for the applicant that the peak output for the entire array will be 48.88Kw and that Western Power have approved this.

Concerns have been raised that some documentation within the application refers to a 30KW array whilst others refer to a 50KW array. The agent has confirmed that the development would be for a 50Kw array and the application has been advertised and assessed as such over both consultation periods.

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

Other matters Given the total area of land to be occupied by the array and the ability to graze livestock such as sheep and chickens even when the arrays are in situ it is not considered that the proposal would not give rise to any significant loss of agricultural land.

The drainage condition suggested by the Technical Officer refers to gaining consent from another Authority (the Environment Agency). This cannot be dealt with by way of a planning condition, however an informative advising the applicant of this obligation can be attached.

This application has been determined in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004 which states that planning applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. This application has been determined in accordance with approved Development Plan Policies; relevant Government planning policy guidance; and approved in the absence of any other overriding material considerations and having given due weight to all other matters raised in this application including technical and other representations received. The relevant Policies are PPS1, PPS7, PPS22 Devon Structure Plan Policy CO12, West Devon Core Strategy SP3 and Local Plan Policies NE10 and

Special regard has been given to the representations received but these were not considered to be overriding because the impacts of this sustainable development are not considered to unduly harm the amenities of the site and surrounding rural area.

RECOMMENDATION GRANT subject to the following conditions;

1) Standard time limit 2) In the event that the photovoltaic array hereby approved ceases to be operational the photovoltaic array shall be removed within six months of the cessation of use. 3) If during the works contamination is encountered which has not previously been identified then the contamination shall be fully assessed and an appropriate remediation scheme agreed with the LPA.

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS SOUTHERN AREA

4) The hedge as indicated in green on the approved plans shall be maintained at a height of no less than 2m unless otherwise agreed in writing by the LPA

Informative: The Applicant is advised that the proposed outfall works to a watercourse are subject to consent from the Environment Agency. Consent must, therefore, be obtained from the Environment Agency. ______

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPEALS UPDATE

APPLICATION NO: 01565/2011 APPLlCANT: Mr P Heard PROPOSAL: Installation of 50kw wind turbine, hub height 24.6m and blade tip height 34.2m LOCATION: Land At NGR SX538939, Thorndon Cross, Okehampton, APPEAL STATUS: APPEAL LODGED APPEAL DECISION APPEAL START DATE 19/01/2012 APPEAL DECISION DATE

APPLICATION NO: 01785/2011 APPLlCANT: Mr J Deeley PROPOSAL: Removal of condition 14 on planning Appeal decision for previous planning application 12824/2009/OKE, in order to allow residential use only and no business use element. LOCATION: Livaton Farm Barns, Livaton, South Tawton, Devon APPEAL STATUS: APPEAL LODGED APPEAL DECISION APPEAL START DATE 06/02/2012 APPEAL DECISION DATE

APPLICATION NO: 01783/2011 APPLlCANT: Mr and Mrs Butress PROPOSAL: Proposed replacement building to form ancillary annexe accommodation to main dwelling LOCATION: The Forge, Nethercott Barton, Iddesleigh, Devon, EX19 8SN APPEAL STATUS: APPEAL LODGED APPEAL DECISION APPEAL START DATE 07/02/2012 APPEAL DECISION DATE

WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 28 FEBRUARY 2012 PLANNING APPEALS UPDATE

APPLlCANT: Mr J Webb PROPOSAL: Listed building application for replacement windows. LOCATION: 34 Parkwood Road, Tavistock, Devon, PL19 0HH APPEAL STATUS: APPEAL DECIDED APPEAL DECISION Appeal Dismissed APPEAL START DATE 23/08/2011 APPEAL DECISION DATE 14/02/2012

ENFORCEMENT NO: E/00893/2010 APPELLANT: Mr D Parker BREACH: Unauthorised residential use of the land LOCATION: Greenfields, Bratton Clovelly APPEAL STATUS: APPEAL LODGED DATE: 27/01/2012