EEC/10/227/HQ Development Management Committee 24 November 2010

Town and Country Planning General Regulations 1992 - Regulation 3: City Council/East District: Construction of a 28m Cycle/Footbridge over the River Clyst, located Downstream of Fisher's Bridge, Bridge Hill, Topsham, Exeter Applicant: Application No: DCC/3140/2010 Date Application received by County Council: 19 October 2010

Report of the Executive Director of Environment, Economy and Culture

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

Recommendation: It is recommended that, subject to no new material planning considerations being raised by Exeter City Council, and subject to confirmation from Natural England that there are likely to be no significant impacts on the SPA/RAMSAR, [and that appropriate measures to mitigate against any adverse impact are put in place], the County Solicitor, in consultation with the Chairman, be authorised to grant planning permission in accordance with the planning conditions set out in Appendix II to this Report, plus any additional planning conditions, or amended conditions, that may be considered necessary in the light of discussions with Natural England and the RSPB.

1. Summary

1.1 This Report relates to a planning application for the proposed construction of a 28 metre cycle/footbridge over the River Clyst, downstream of Fisher's Bridge, Topsham.

1.2 It is considered that the key material planning considerations in the determination of the proposed development are the potential impact upon the nature conservation interests; the design of the bridge and possible landscape impacts; highway implications; and overall sustainability considerations.

2. The Proposal/Background

2.1 The proposed cycle/footbridge would be located 13 metres downstream of Fisher's Bridge in Topsham, Exeter. This is on the south east side of the town at the bottom of Bridge Hill by the Bridge Inn. The bridge is located within the boundaries of both and Exeter City Councils.

2.2 The elevated structure would be 3 metres wide, 28 metres long, and consists of a central bridge with boardwalk sections either side. The timber boardwalk/bridge would link in with the existing footpath at the bottom of Bridge Hill, opposite the Bridge Inn. At the other end it would link to the footpath/cycleway which starts opposite Fisher's Bridge Mill House.

2.3 The softwood timber parapet would be post and 3 rail style, and in-filled with a galvanised steel mesh on the lower half. It would be supported by steel trestles at 4.5 metre intervals two concrete bridge abutments, which would be faced in stone to best match Fisher's Bridge.

2.4 There are a number of significant nature conservation designations located 50 metres downstream of Fisher's Bridge. There are two European designations [the Exe Estuary Special Protection Area (SPA), and RAMSAR site (which relates to the conservation of wetlands)]; a National designation (SSSI - Site of Special Scientific Interest); and a County Wildlife site, located in the fields north east of Fisher's Bridge Mill.

2.5 Fisher's Bridge, a Grade II listed structure, was re-built in the 18th Century and widened in the 19th Century. The bridge is within the Topsham Conservation Area on its western side.

2.6 A Listed Building Consent (LBC) application has been submitted with the planning application to remove a 7 metre section of the stone parapet to allow the cycle/footpath to link in with Bridge Hill. No material issues have been raised so far, and the Government Office West Midlands will be making a final decision on the LBC in due course.

3. Consultations

3.1 Exeter City Council – views awaited.

3.2 East Devon District Council – no objections.

3.3 Parish Council – no objections.

3.4 English Heritage –sets out its standard response stating that the application should be determined in accordance with national local policy guidance, and on the basis of this Authority's specialist conservation advice.

3.5 Environment Agency – no objections providing that the development accords with the submitted Flood Risk Assessment and River Modelling Report. The EA endorses the mitigation measures for salt marsh habitat creation, and that reinstatement of lost salt marsh on the west bank is fully encouraged post construction. The EA notes that a formal consent is required for the new bridge under the terms of the Water Resources Act 1991. It comments this may result in minor alterations to the proposed scheme.

3.6 Natural England – views awaited.

4. Advertisement/Representations

4.1 This application has been advertised in accordance with the statutory publicity requirements. As a result of these procedures, at the time of writing this report, 23 letters/emails of representation have been received. Copies of all letters of representation received will be displayed at the meeting.

4.2 Twenty two letters of representation support the proposal have been received commenting that: the scheme will provide the final link for the cycling route between Exeter and , helping to promote tourism and carbon footprint free activities; it will provide a safer route (especially for families), as cyclists currently have to mix with traffic including buses on the bridge; and it is a well designed bridge to fit in with the location.

4.3 One letter in support of the application expresses reservations about the fact that cyclists travelling from Topsham will have to make a difficult manoeuvre to cross over Bridge Hill to access the foot/cycle bridge; would prefer to see a bridge that crosses the river Clyst (next to the railway line) in comparison to the one at Fisher's Bridge – but recognises that ‘a bridge’ is better than none at all; and, suggests a new parking area in the Fisher's Bridge/Odhams Wharf/Darts Farm area for cyclists.

5. Planning Policy Considerations

5.1 In considering this application, the County Planning Authority is required to have regard to the provisions of the Development Plan. Section 28(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations, which can include emerging policies, indicate otherwise. In this case, the relevant Development Plan Policies are summarised in Appendix I to this Report.

6. Comments/Issues

6.1 It is considered that the key material planning considerations in the determination of the proposed development are the potential impact upon the nature conservation interests; the design of the bridge and possible landscape impacts; highway implications, and overall sustainability considerations.

Nature Conservation

6.2 Both a Habitats Regulation Assessment (HRA) and an ‘Ecological Impact Assessment’ have been carried out as part of the application. The HRA discusses the potential impacts upon the Exe Estuary’s international designations and in particular the adjacent SPA that has been recognised for its significant numbers of internationally migratory and over-wintering birds (especially waders and wildfowl). The HRA concludes that there would be no ‘significant impacts’ upon these, stating an ‘Appropriate Assessment’ (regulated by the Conservation of Habitats and Species Regulations 2010) is not required. The confirmation of this by Natural England is still awaited.

6.3 The loss of salt marsh habitat, disturbance to breeding birds, and indirect loss of species (particularly foraging bats, over-wintering birds and otters), are the potential unmitigated impacts of the development. The Ecological Assessment concludes that no significant impacts are predicted to occur to these habitats and key species so long as its recommended mitigation measures are carried out.

6.4 In order to ensure that the proposal results in a neutral residual impact upon the nature conservation interests, it is recommended that any permission for the development includes appropriate conditions to secure the mitigation measures and guidelines for construction set out in the above Assessments referred to above.

6.5 Although there is a potential for water pollution as a result of the development to impact upon habitats and species, any adverse impacts would be addressed through mitigation measures and a Consent to be gained from the Environment Agency (as required under the Water Resources Act 1991).

Design of the Bridge and Impact on the Landscape

6.6 The overall bridge design is considered to be sympathetic to the local landscape character. The proposed timber parapet reflects the rural context (this is a European softwood that matches that used for the Exe Estuary Trail). The open parapet design will allow greatest views through the structure to the surrounding landscape. It is considered that the design of the galvanised steel mesh should be improved (through the use of a condition of any grant of permission) so that this urban type material fits in better with its rural surroundings.

6.7 One significant tree will be removed as part of the proposal, at the bottom of Bridge Hill where the proposal route joins the existing footpath. It is recommended that a suitable tree is provided in compensation for this loss, and in the event of planning permission being granted, then an appropriate condition can be imposed.

Highways

6.8 One letter of representation raises concerns about cyclists having to make a difficult manoeuvre to cross the road when leaving Topsham, in order to join the proposed bridge. It is considered that this will not give rise to a highway safety issue, particularly as Topsham is a 20 mph Zone, and the characteristics of both the road and the bridge would keep speeds down.

Overall Sustainability Considerations

6.9 The provision of cycle/walkways is supported by Nation al Planning Policy – in particular PPG 13 (Transport) and PPS 1 (Delivering Sustainable Development). In terms of the Devon Structure Plan Policy it would help to deliver sustainable development which is in accord with Policy ST1 (Sustainable Development). The overall Exe Estuary Scheme forms part of the Strategic Cycle Network which is identified in Structure Plan Policy TR17 and the Devon County Local Transport Plan.

7. Reasons for Recommendation/Alternative Options Considered

7.1 It is considered that the overall benefits of this proposal, which has received significant local support, is considered to outweigh potential impacts upon ecology and the local landscape. It is considered that these impacts can be mitigated against through the use of a conditional permission.

7.2 However, before planning permission can be granted Members of the Committee would need to be satisfied that there would be no impact on the biodiversity interests of the SPA/RAMSAR. This needs to be confirmed by Natural England.

7.3 In addition, it should be noted that planning permission cannot be granted until Listed Building Consent has been granted by Government Office the West Midlands.

7.4 It is recommended therefore that, subject to no new material planning considerations being raised by Exeter City Council, and subject to confirmation from Natural England that there are likely to be no significant impacts on the Exe Estuary SPA/RAMSAR [and that appropriate measures to mitigate against any adverse impact are put in place], the County Solicitor, in consultation with the Chairman, be authorised to grant planning permission in accordance with the planning conditions set out in Appendix II to this Report, plus any additional planning conditions, or amended conditions, that may be considered necessary in the light of discussions with Natural England and the RSPB.

Stewart Redding County Development Manager

Electoral Divisions: St Loyes & Topsham; &

Local Government Act 1972: List of Background Papers

Contact for enquiries: Hayley Stokes

Tel No: 01392 382261

Room No: ABG Lucombe House

Background Paper Date File Ref

Casework file October 2010 DCC/3140/2010 hs161110dma sc/Fisher's bridge 4 hq 171110

Appendix I To EEC/08/227/HQ

Planning Policy Considerations

National Planning Policy Guidance and Statements : Policies PPS1 (Delivering Sustainable Development); PPS5 (Planning for the Historic Environment); PPS7 (Sustainable Development in Rural Areas); PPS9 (Biodiversity and Geological Conservation); PPG13 (Transport); PPG17 (Sport and Recreation); PPG21 (Tourism); PPS23 (Planning and Pollution Control); PPG24 (Planning and Noise); and PPS25 (Development and Flood Risk).

Devon County Structure Plan 2001-2016 (Adopted October 2004 ): Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon's Communities); ST4 (Infrastructure Provision); ST16 (Local Centres and Rural Areas); CO1 (Landscape Character and Local Distinctiveness); CO5 (Coastal Preservation Area); CO6 (Quality of New Development); CO7 (Historic Settlements and Buildings); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO13 (Protecting Water Resources and Flood Defence); TR1 (Devon Travel Strategy); TR5 (Hierarchy of Modes); TR6 (Network Integration); TR7 (Walking and Cycling); and TO6 (Long Distance Recreational Footpaths and Cycle Routes).

Exeter Local Plan, First Review 1995 - 2011 (2005): Policies AP1 (Design and Location of Development); T1 (Hierarchy of Modes); T2 (Accessibility Criteria); T3 (Encouraging the Use of Sustainable Modes); T5 (Cycle Route Network); C1 (Conservation Areas); C5 (Archaeology); LS2 (Ramsar/Special Protection Area); LS3 (Site of Special Scientific Interest); LS4 (Local Nature Conservation Designations/RIGs); EN3 (Air & Water Quality); and EN4 (Flood Risk). Emerging planning policy and other policy documents, which may be regarded as a material consideration include: East Devon Local Plan, Revised Deposit, 1995-2011 (2006): Policies S6 (Green Wedge); D1 (Design and Local Distinctiveness); D2 (Sustainable Construction); D3 (Access for Disabled); D5 (Trees on Development Sites); EN4 (Nationally Important Sites including Sites if Special Scientific Interest); EN5 (Protection of Local Nature Reserves, County Wildlife Sites and County Geological Sites); EN6 (Wildlife Habitats and Features); EN7 (Nationally and Locally Important Archaeological Sites); EN8 (Proposals effecting sites which may be of Archaeological Importance); EN10 (Demolition of a Listed Building); EN11 (Preservation and Enhancement of Conservation Areas); EN17 (Maintenance of Water Quality and Quantity); EN20 (River and Coastal flooding); EN21 (Surface Water Run-Off Implications of New Development); and TA4 (Footpaths, Bridleways and Cycleway).

Appendix II To EEC/10/227/HQ

Recommended Conditions

STANDARD COMMENCEMENT

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

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

STRICT ACCORDANCE WITH PLANS

2. Unless otherwise agreed in writing by the County Planning Authority, the development shall be carried out in strict accordance with the details shown on the approved drawings numbered and entitled :- BM(2301)PC03, BM(2301)/PC01, ‘Ecological Impact Assessment’ – New footbridge over the River Clyst at Fisher's Mill, Topsham (Sept 2010), ‘Flood Risk Assessment’ - proposed footbridge adjacent to existing highway river bridge at Fisher's Mill (August 2010) & ‘Modelling Report’ - modelling of proposed cycle bridge crossing at Fisher's Mill (September 2010).

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

MATERIALS

3. Before the development commences, details of the following materials/details shall be submitted to and approved in writing by the County Planning Authority:

(i) an alternative to the 50x50 galvanised steel mesh indicated on plan numbered BM(2301)/PC01;

ii) the stone, mortar mix and course type to be used for the facing of the concrete bridge abutments, indicated on plan numbered BM(2301)/PC01; and,

iii) the final finish/colour for the steel supports as indicated on plan numbered BM(2301)/PC01.

The development shall be carried out in accordance with these approved details.

REASON: To ensure the development is in keeping with the character and appearance of the adjacent listed bridge and the local landscape. In line with Devon Structure Plan Polices CO6 (Quality of New Development), CO7 (Historic Settlements and Buildings) & CO1 (Landscape Character & local Distinctiveness).

NATURE CONSERVATION

4. Unless otherwise agreed in writing by the County Planning Authority, no clearance of vegetation shall be carried out within the site between 1 March and 1 September inclusive in any year.

REASON: To minimise disturbance to nesting birds in line with Structure Plan Policy CO10 (Protection of Nature Conservation Sites and Species)

5. Before the development commences, the following details shall be submitted to and approved in writing by the County Planning Authority:

i) a Construction Environmental Management Plan - which sets out any additional measures to ensure compliance with wildlife legislation including the approach to protect water quality; and

ii) details of the salt marsh habitat creation,

The development shall be carried out in accordance with these approved details.

REASON: To ensure the development does not damage valued habitats and species and that appropriate mitigation and enhancement measure are carried out in line with Devon Structure Plan Policies CO9 (Biodiversity & Earth Science Diversity) & CO10 (Protection of Nature Conservation Sites and Species).

LANDSCAPING/TREES

6. Before the development commences, full details of landscaping to be provided to compensate for the loss of trees/vegetation shall be submitted to and approved in writing by the County Planning Authority. The approved details shall be implemented in the first planting season after completion of the development. The approved scheme shall be maintained for a period of five years. Any tree or shrub, or any replacement of it, that is removed, uprooted, destroyed or dies within five years of the date of planting shall be replaced with the same or similar species in the same location.

REASON: To protect the character and appearance of the local landscape. In line with Devon Structure Plan Policy CO1 (Landscape Character & local Distinctiveness).