Public Document Pack North Devon Council Brynsworthy Environment Centre Barnstaple North Devon EX31 3NP

K. Miles Chief Executive.

PLANNING COMMITTEE

A meeting of the Planning Committee will be held as a Virtual – Online meeting on WEDNESDAY, 10TH JUNE, 2020 at 10.00 am.

Members of the Planning Committee Councillor Ley (Chair)

Councillors Chesters, Crabb, Davies, Fowler, Gubb, Knight, Lane, Leaver, Mackie, Prowse, D. Spear, L. Spear, Tucker and Yabsley

AGENDA

1. Virtual meetings procedure - briefing and etiquette Chair to report.

2. Apologies for absence

3. To approve as a correct record the minutes of the meeting held on 11th March 2020 (Pages 5 - 8)

4. Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency

5. Declaration of Interests (Please complete the form provided at the meeting or telephone the Corporate and Community Services Team to prepare a form for your signature before the meeting. Items must be re-declared when the item is called, and Councillors must leave the room if necessary)

PART A

6. 66135: Outline application for erection of one Local Needs Dwelling and access (some matters reserved) (Amended Plans), Marwood, Barleycott, Muddiford, Barnstaple, Devon, EX31 4ES (Pages 9 - 30) Report by Head of Place (attached).

7. 70952: Conversion of shop to form one flat, Combe Martin, Coastal Borough Road, Ilfracombe, Devon, EX34 0DQ (Pages 31 - 42) Report by Head of Place (attached).

8. 71029: Change of use of ground floor from Use Class A1 (retail former post office) to Use Class D2 / Sul Generis (tanning studio) together with associated internal and external alterations, Barnstaple, 39-40 Boutport Street, Barnstaple, EX31 1SA (Pages 43 - 62) Report by Head of Place (attached).

9. 71459: Change of use of building to an operational police station together with the erection of four ancillary buildings, Unit 1B (Formerly Barum Autoparts), Seven Brethren Bank, Barnstaple, Devon, EX31 2AS (Pages 63 - 78) Head of Place to Report (attached).

PART B (CONFIDENTIAL RESTRICTED INFORMATION) Nil.

If you have any enquiries about this agenda, please contact Corporate and Community Services, telephone 01271 388253

2.06.20

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North Devon Council protocol on recording/filming at Council meetings

The Council is committed to openness and transparency in its decision-making. Recording is permitted at Council meetings that are open to the public. The Council understands that some members of the public attending its meetings may not wish to be recorded. The Chairman of the meeting will make sure any request not to be recorded is respected.

The rules that the Council will apply are:

1. The recording must be overt (clearly visible to anyone at the meeting) and must not disrupt proceedings. The Council will put signs up at any meeting where we know recording is taking place and a reminder will be issued at the commencement of virtual meetings.

2. The Chairman of the meeting has absolute discretion to stop or suspend recording if, in their opinion, continuing to do so would prejudice proceedings at the meeting or if the person recording is in breach of these rules.

3. We will ask for recording to stop if the meeting goes into ‘part B’ where the public is excluded for confidentiality reasons. In such a case, the person filming should leave the room ensuring all recording equipment is switched off. In a virtual meeting the public will be excluded from the meeting while in Part B.

4. Any member of the public has the right not to be recorded. We ensure that agendas for, and signage at, Council meetings make it clear that recording can take place – anyone not wishing to be recorded must advise the Chairman at the earliest opportunity. Public contributions to virtual meetings will be recorded, unless, at the Chair’s discretion, recording is deemed in appropriate in accordance with point 2 above.

5. The recording should not be edited in a way that could lead to misinterpretation or misrepresentation of the proceedings or in a way that ridicules or shows a lack of respect for those in the recording. The Council would expect any recording in breach of these rules to be removed from public view.

Notes for guidance:

Please contact either our Corporate and Community Services team or our Communications team in advance of the meeting you wish to record at so we can make all the necessary arrangements for you on the day.

For more information contact the Corporate and Community Services team on 01271 388253 or email [email protected] or the Communications Team on 01271 388278, email [email protected].

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Meeting Etiquette Reminder for Members

Members are reminded to:  Join the meeting at least 10-15 minutes prior to the commencement to ensure that the meeting starts on time.  Behave as you would in a formal committee setting.  Address Councillors and officers by their full names.  Do not have Members of your household in the same room.  Be aware of what is in screen shot.  Mute your microphone when you are not talking.  Switch off video if you are not speaking.  Only speak when invited to do so by the Chair.  Speak clearly (if you are not using video then please state your name)  If you’re referring to a specific page, mention the page number.  Switch off your video and microphone after you have spoken.  The only person on video will be the Chair and the one other person speaking.  Only use the Chat function to register that you wish to speak or to move or second a motion.

Virtual attendance by members of the public

If members of the public wish to attend virtually, please contact Corporate and Community services on 01271 388253 or [email protected] by 12pm on the Monday preceding the meeting.

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Agenda Item 3 Planning Committee - 11 March 2020

NORTH DEVON COUNCIL

Minutes of a meeting of Planning Committee held at Barnstaple Rugby Club Main Room - Barnstaple Rugby Club on Wednesday, 11th March, 2020 at 10.00 am

PRESENT: Members:

Councillor Ley (Chair)

Councillors Chesters, Davies, Fowler, Gubb, Knight, Mackie, Prowse, D. Spear, L. Spear, Tucker and Yabsley

Officers:

Solicitor and Lead Planning Officer (South)

Also Present:

Councillors Mack and York

59. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Crabb, Lane and Leaver.

60. TO APPROVE AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON 12TH FEBRUARY 2020

RESOLVED that the minutes of the meeting held on 12 February 2020 (circulated previously) be approved as a correct record and signed by the Chair.

61. ITEMS BROUGHT FORWARD WHICH IN THE OPINION OF THE CHAIR SHOULD BE CONSIDERED BY THE MEETING AS A MATTER OF URGENCY

The Chair advised that following the conclusion of the meeting, there would be an informal discussion regarding the Committee undertaking site inspections of sites which had previously been granted planning permission.

62. DECLARATION OF INTERESTS

There were no declarations of interest announced.

63. 66122: OLIVER BUILDINGS, BARNSTAPLE, EX31 2AA

1 Page 5 Agenda Item 3 Planning Committee - 11 March 2020

The Committee considered a report by the Head of Place (circulated previously – now appended).

The Committee noted that the incorrect year had been included on pages 22 and 23 of the report and that reference to replies received from Councillor Lofthouse should have stated 13 November 2019 and DCC Childrens Services should have stated 4 December 2019.

The Lead Planning Officer (JW) reported the receipt of amended drawings in relation to Block 2.

Councillor Yabsley arrived at the meeting. In accordance with Part 3, Annexe 1 of the Constitution, as Councillor Yabsley had arrived during the consideration of the application he was unable to propose or second any motion or amendment or cast a vote.

The Lead Planning Officer recommended that in addition to the recommendation, that delegated authority also be granted to finalise the conditions in relation to the approval of materials to be used; to secure a window strategy for each floor to retain historical importance; inclusion of conditions as recommended by the Conservation Officer; and the amendment of the pre-commencement dates as appropriate in some of the conditions.

Alan Rennles (Barnstaple Town Council representative), Tim Street (objector), Andrew Pegg (Wessex Developer) and Joe Horner (representing the agent) addressed the Committee.

In response to questions raised about Block 1, the Lead Planning Officer advised that there was a significant amount of highway in the surrounding area and there was an opportunity for another area of public realm to be provided behind Block 1. In her opinion there was a reasonable separation distance between the bus stop and the public highway and Block 1. She referred to the consultation response received from the Planning Policy unit dated 10 January 2020 regarding the principle of Block 1 in terms of its conformity with policies in the adopted Local Plan.

In response to a question, the Lead Planning Officer advised that Barnstaple Town Council had suggested the provision of electric car charging points. She read the applicant’s response as detailed on page 64 of the report.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Head of Place subject to the Head of Place being delegated authority to finalise the conditions in relation to:

(i) the approval of materials to be used;

(ii) to secure a window strategy for each floor to retain historical importance;

(iii) inclusion of conditions as recommended by the Conservation Officer;

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(iv) the amendment of the pre-commencement dates as appropriate in some of the conditions.

64. 66138: OLIVER BUILDINGS, BARNSTAPLE, EX31 2AA

The Committee considered a report by the Head of Place (circulated previously – now appended).

RESOLVED (unanimous) that the application the APPROVED as recommended by the Head of Place.

Chair The meeting ended at 10.55 am

NOTE: These minutes will be confirmed as a correct record at the next meeting of the Committee.

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Application Report Strategic Development & Planning Place Services North Devon Council Lynton House, Commercial Road, Barnstaple, EX31 1DG

Application No: 66135 Application 28 January 2020 Expiry: Application Type: Outline application Ext Of Time 28 January 2020 Expiry: Publicity Expiry: 6 December 2019 Parish/Ward: Marwood/Marwood Location: Barleycott, Muddiford,Barnstaple, Devon, EX31 4ES Proposal: Outline application for erection of one Local Needs Dwelling & access (some matters reserved) (Amended Plans) Agent: Woodward Smith Chartered Architects Applicant: Mr G Bosence & Ms S Cockburn Planning Case Officer: Mr. M. Brown Departure: N EIA Development: N EIA Conclusion: Development is outside the scope of the Regulations.

Decision Level/Reason for Report to Committee / Application Called In Committee (If Applicable): by Councillor Tucker to enable the Planning Committee to fully consider the benefits of providing a local needs dwelling for two local key workers at the North Devon District Hospital

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UPDATE June 2020

Members will recall that at their February 2020 meeting they resolved:-

RESOLVED (9 for, 3 against, 1 abstained) that the application be DEFERRED for a period of four months pending receipt of the following information: (a) confirmation of Devon County Council’s highways stance on the proposal; (b) information regarding whether the negative impact on the landscape can be resolved; (c) receipt of an ecology report; (d) clarification of reasons why ‘key workers’ have been excluded from the current Local Plan; (e) update on the timetable for the production and adoption of a Supplementary Planning Document in relation to Rural Settlements.

Given the recent emergency the additional information has not been secured. As such it is recommended that the application be deferred until the additional information is available.

Recommendation

Defer until the additional information is available.

The report presented to Planning Committee in Februray 2020 was as follows:

Site Description Initial access to the site is off of the B3230 Muddiford Road at the Blakewell Fishery Road junction. The County Road used to access the proposed site is single track in the main with passing places. Ass Blakewell Fishery is passed the road rises and is characterised by high hedges with the landform rising to the north and falling down to the valley bottom to the west.

Access into the site is currently via a field gate which can only be accessed while travelling up the hill (this is approximately 1.2 miles from the NDDH roundabout). This initial part of the site is set to grass as the site is accessed further the land slopes down to the valley floor and is currently used as formal planted garden serving the existing dwelling known as Barley Cott. The western boundary is defined by a post and rail fence along with landscaping.

Barley Cott itself is accessed off of a lower road which also serves the Blakewell Mill complex.

The site is visible from the B3230 across the valley with hillside as its backdrop.

Recommendation: Refused

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Planning History No relevant history.

Constraints/Planning Policy

Constraint / Local Plan Policy Distance (Metres) Unclassified Road Adjacent Landscape Character is: 3H Secluded Valleys Within constraint Advert Control Area Area of Special Advert Control Within constraint Burrington Radar Safeguard Area consultation required for: Within constraint All buildings, structures, erections & works exceeding 45 metres in height. Chivenor Safeguard Zone Consultation Structure or works Within constraint exceeding 91.4m Within Adopted Unesco Biosphere Transition (ST14) Within constraint Within Braunton Burrows Zone of Influence Within constraint SSSI Impact Risk Consultation Area Within constraint

DM01 - Amenity Considerations DM04 - Design Principles DM05 - Highways DM06 - Parking Provision DM08 - Biodiversity and Geodiversity ST07 - Spatial Development Strategy for Northern Devon’s Rural Area ST10 - Transport Strategy ST14 - Enhancing Environmental Assets

Consultees

Name Comment DCC - The increased use of the junction onto the Class II County Road, Development the B3230, resulting from the Management proposed development will, by reason of the limited visibility from Highways and of vehicles using the junction, be likely to result in additional danger to all users of the road and interference with the free flow of Reply Received traffic. 7 February 2019 Landscaping & Deferred to Sustainability Officer comments. Countryside Officer

Marwood Parish No comment received. Council

Planning Policy Proposal contrary to settlement policy. Unit

Reply Received 18 November 2019

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Sustainability Insufficient information provided. Officer

Reply Received 20 January 2020

Neighbours Comments No Objection Object Petition No. Signatures 0 0 0 0 0

Considerations Proposal Description This application seeks outline planning permission for the erection of a single dwelling with all matters reserved save for access.

Access is proposed via a County Highway access which is above the site with the private access curving through a domestic garden.

Indicative sketch plans have been provided showing a three bedroom dwelling located in the garden of an existing property known as Barley Cott. The dwelling would be set into a hillside.

Planning Considerations Summary  Settlement Policy  Design  Amenity  Ecology  Highways

Planning Considerations In the determination of a planning application Section 38 of the Planning & Compulsory Purchase Act 2004 is relevant. It states that for the purpose of any determination to be made under the planning Acts, the determination is to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan for this area includes the Devon Waste Plan and North Devon and Torridge Local Plan. The relevant Policies are detailed above.

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

Settlement Policy The dwelling is proposed near to Blakewell, which is not a recognised settlement as set out within Local Plan Policies ST07(1A) and ST07(2B). Therefore, the decision here is whether Blakewell can be considered a Rural Settlement where Policy ST07(3) is relevant or is it considered to be within the Countryside where Policy ST07(4) is

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relevant. Criterion ST07(3) has recognised smaller villages as Rural Settlements where appropriately located development of a modest scale will be enabled to meet locally generated needs. By way of clarification, a Rural Settlement is defined as a small, closely grouped cluster of housing that must contain at least one prescribed service or community facility from the following as set out within paragraph 4.15 of the Local Plan :- community/village hall, post office, public house, convenience shop, place of worship, sports playing field, primary school.

The Local Plan does not list the communities which qualify as Rural Settlements as they are likely to change over time by virtue of relying on individual community facilities. In qualifying Rural Settlements Policy DM24 of the adopted Local Plan, which allows local occupancy dwellings to meet a locally identified housing need, will only recognise such settlements on an individual basis and where the settlement contains at least one prescribed service or community facility. From a policy perspective, I am advised that Blakewell does not meet the stated requirement to be recognised as a Rural Settlement and as such Policies ST07(3) and DM24 do not apply in this instance and therefore any application should be considered against Policy ST07(4); as being within the Countryside where development will be limited to that which is enabled to meet local economic and social needs, rural building re-use and development which is necessarily restricted to a Countryside location.

From the evidence provided with the planning application it does not appear there is an essential operational need for a new dwelling in the Countryside in accordance with Policy DM28. It is noted that the applicants has set out that they both work at North Devon District Hospital and have the opportunity to construct a house in the grounds of the family home (Barley Cott), which is conveniently located near the hospital (see Insert 1). However, this is not a policy justification for allowing a new dwelling in the Countryside as it could be argued that opportunities exist within Barnstaple to purchase an existing dwelling or a new build dwelling at the Trayne Farm development (up to 80 dwellings, currently under construction) or at Westaway Plan (up to 86 dwellings, currently under construction), where both sites are in even closer proximity to North Devon District Hospital.

Whilst the principle that the new dwelling will be a self / custom build project is recognised, paragraph 7.19 of the Local Plan is clear in that self-build schemes must accord with the wider spatial strategy as set out in Policy ST07, which it does not. Whilst it must be recognised that the Local Plan will not support a new non isolated dwelling in the Countryside, a position also supported by National planning policy, paragraph 79 of the NPPF.

There is therefore not considered to be support for the proposal in policy terms.

Design Detailed dwelling design is not for consideration at this outline application stage.

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However, given the proposed location of the dwelling in the countryside landscape impact is a key consideration. The site sits in Landscape Character zone 3H which is defined as Secluded Valleys. The landscape character assessment seeks to prevent the linear spread of development and maintain peaceful character.

The supporting text for Policy ST07 reaffirms that the character of the countryside should be conserved and enhanced and new development will not detract from this.

The proposal would fall foul of these objectives and is exasperated by the distance the proposal is from other built form.

Amenity Given the relationship of the proposal to other residential properties and noise sources no unacceptable privacy or amenity issues are identified at this outline stage.

Ecology Local Planning Authorities have a statutory duty to ensure that the impact of development on wildlife is fully considered during the determination of a planning application under the Wildlife and Countryside Act 1981 (as amended), Natural Environment and Rural Communities Act 2006, The Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017).

The proposed access from the north will clearly impact on, and require some removal of established trees, shrubs and hedges that have potential to influence the development or might be important as part of the local landscape character. A tree survey should have be submitted establishing the extent and importance of any losses and defining appropriate root protection zones.

The submitted Wildlife Trigger List should also have flagged up the potential requirement for a Wildlife Report to assess the presence of any protected species and important habitats within the affected area. The extent of habitat clearance to facilitate site access and the proposed development should have also been quantified in terms of extent and quality through an appropriately detailed application of Defra 2 biodiversity metric. The metric would have helped to substantiate the quantify of landscaping proposals required to compensate for all anticipated losses.

It is therefore concluded that insufficient information has been provided to address the forgoing. It is worth noting that such information should not be secured by planning condition given potential unknown which could impact on the principal of development.

In terms of the location of the site, it is within the Zone of Influence (ZOI) identified through the Local Authority's Appropriate Assessment in relation to the Braunton Burrows Special Area Conservation (SAC) under the Habitat Regulations 2017. As

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such, any new residential development in the ZoI is considered to have recreational impacts on the SAC and is therefore required to pay a contribution of 100 per unit in order to mitigate the impacts of development. At present developers can either enter into a S106 agreement or make a direct payment to the LPA under Section 111 of the Local Government Act 1972.

Based on the information provided, the application will increase residential capacity and is therefore likely to have an indirect impact on the Braunton Burrows SAC due to its proximity and the likelihood of recreational impacts associated with visitor impacts. North Devon Council must have regard for any potential impacts that a plan or project may have and are required to conduct a Habitat Regulations Assessment to determine the significance of these impacts on the SAC and the scope for mitigation.

North Devon Council's Habitat Regulations Assessment (HRA) at the Joint Local Plan level (JLP) identified the main recreational pressure as coming from the Braunton, Wrafton, Chivenor area and concluded that there is unlikely to be an adverse effect on the integrity of the interest features of the SAC. However, since adoption of the Local Plan, new evidence has concluded that recreational impacts are evident and contributions towards strategic mitigation will be required from all development within an identified Zone of Influence.

No payment or legal agreement has been entered in to offset this impact, if permission were granted such a payment could be secured at the reserved matters stage through S111 or via a Legal Agreement secured as part of any outline application. As such it does not warrant the refusal of the application on this ground.

Highways The increased use of the junction onto the Class II County Road, the B3230, resulting from the proposed development will, by reason of the limited visibility from and of vehicles using the junction, be likely to result in additional danger to all users of the road and interference with the free flow of traffic.

Having regard to the Policy context detailed above this concerns is considered to warrant refusal of the application.

Conclusion Insufficient information has been submitted to confirm that the proposal is unlikely to impact on protected species and biodiversity net gain has not been demonstrated.

Highway safety concerns will result if the proposal is allowed.

The proposal will result in negative landscape impact.

Finally, the proposal is located within the Countryside where development will be limited to that which meets local economic and social needs, rural building re-use and

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development which is necessarily restricted to a Countryside location, furthermore it will not conserve or enhance the character of the countryside. The proposal is therefore contrary to Policy ST07(4) of the adopted North Devon and Torridge Local Plan.

Having regard to the foregoing the application is considered to not accord with the adopted development plan. Refusal of the application is therefore recommended.

HUMAN RIGHTS ACT 1998 The provisions of the Human Rights Act and principles contained in the Convention on Human Rights have been taken into account in reaching the recommendation contained in this report. The articles/protocols identified below were considered of particular relevance:

Article 8 – Right to Respect for Private and Family Life THE FIRST PROTOCOL – Article 1: Protection of Property

Recommendation Refused

Reason(s) For Refusal 1. The proposal is located in the Countryside where development will be limited to that which meets local economic and social needs, rural building re-use and development which is necessarily restricted to a Countryside location, furthermore it will not conserve or enhance the character of the countryside. The proposal is therefore contrary to Policy ST07(4) of the adopted North Devon and Torridge Local Plan.

2. The increased use of the junction onto the Class II County Road, the B3230, resulting from the proposed development will, by reason of the limited visibility from and of vehicles using the junction, be likely to result in additional danger to all users of the road and interference with the free flow of traffic contrary to Policies ST10 and DM05 of the adopted North Devon and Torridge Local Plan

3. Insufficient information has been submitted to satisfy the Local Planning Authority that sufficient information has been submitted to demonstrate a net gain in biodiversity and as to whether an unacceptable impact on protected species and habitat and trees may occur contrary to Policies ST14, DM04 and DM08 of the adopted North Devon and Torridge Local Plan.

Informatives 1. The application has be determined with regard to the following plans:- B550 18 201E Location Plan and received on the 07/11/19, B550 18 301 Floors and received on the 22/01/19, B550 18 203B Site Plan and received on the 07/11/19, B550 18 204E Site Plan and received on the 07/11/19, NDC001 Elevation Illustration and received on the 22/01/19.

2. Some of the submitted drawings have been numbered using a prefix of NDC as set out in the above informative. Please refer to the planning application tracker on the District Council's website to view the drawings and their allocated numbers, http://planning.northdevon.gov.uk/search.asp

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3. Statement of Engagement In accordance with paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has looked for solutions to enable the grant of planning permission. This has included consideration of location and site specific constraints. However the proposal remains contrary to the planning policies set out in the reasons for refusal and was not therefore considered to be sustainable development.

Inserts 1. Location Plan 2. Design and Access Statement

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Copy Supplied to Accompany Planning 66135 - Barleycott, Muddiford EX31 4ES Committee Report Lynton House, Commercial Road, Page 19 Scale: 1:5000 Barnstaple, EX31 1EA Date: 12/02/2020 © Copyright and database right 2017 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. This page is intentionally left blank Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

Design and Access Statement

Proposed Local Needs Dwelling

at

Land at Barleycott Blakewell Nr. Barnstaple N. Devon

for

Mr G. Bosence and Ms S. Cockburn

6 TULY STREET . BARNSTAPLE . DEVON . EX31 1DH tel: 01271 379050 email: [email protected] Page 21

Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

1 INTRODUCTION...... 1 2 BACKGROUND ...... 2 3 PLANNING POLICY ...... 3 4 DESIGN PRINCIPLES ...... 5 5 SITE LOCATION ...... 5 6 AMOUNT ...... 6 7 ACCESS ...... 6

Figure 1 - Site Location Plan…………………………………………………………………….1 Figure 2 - View from B3230……………………………………………………………………...4 Figure 3 - Site Plan as proposed…………………………………………………………...…...6

6 TULY STREET . BARNSTAPLE . DEVON . EX31 1DH tel: 01271 379050 email: [email protected] Page 22

Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

1 INTRODUCTION

The design and access statement is submitted on behalf of Mr G. Bosence and Ms S. Cockburn in support of an Outline Planning application at Land at Barleycott, Blakewell, Nr Barnstaple, North Devon, EX31 4ES.

Figure 1 - Site Location Plan

This Outline Planning Application seeks to apply for planning consent for the Erection of one local needs dwelling. The proposal development complies with the principles of the National Planning Policy Framework ensuring the development meets the definition sustainable in an economic role, a social role and an environmental role.

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Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

2 BACKGROUND

Gareth is currently the Ward Manager of the Medical Admissions Unit at North Devon District Hospital (NDDH) and has worked at NDDH for 10 years of his career. Gareth was born and has lived within Barnstaple for 32 years. He has spent his working career at North Devon District Hospital and expects his role as a nurse to remain in the area for the foreseeable future. His current home within the Pilton area is not expandable to allow him and Sam to grow into the future that they want together whereas the hope is that this development will.

Sam is a doctor specialising in acute medicine at NDDH. She has lived within North Devon for the last 18 years having moved with her parents from the North East of Scotland.

Her parents own and continue to run an independent opticians in Bideford. After completing her training to be a doctor in Exeter and Plymouth she chose to complete the next 5 years of Post Graduate Training at NDDH. Furthermore, she has opted to continue training at NDDH whereas, traditionally, doctors would have to move around a region in order to reach consultancy.

Sam will continue to work and train within NDDH having recently decided to pursue a career in Respiratory Medicine and Intensive Care. She hopes to gain her consultancy in North Devon to provide informed support to the local community. Additionally, as part of her role within the hospital, Sam provides a link to Petroc College by helping provide medical placements for students as part of the ‘Medic Academy’.

Gareth and Sam’s family links lay heavily in North Devon with all of Gareth’s immediate family living in Barnstaple fortifying their want to stay in the area.

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Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

Gareth’s parent and grandparent’s live within Blakewell, the proposed location of the build, and they heavily support the new development. Sam’s grandmother lives in Torrington, having also relocated to the area 18 years ago, with her parent’s living in Westward Ho!. Gareth and Sam want to remain in the local area and close to the hospital and their families as it will improve their work life balance. It will also allow them to have more opportunity to appreciate the beauty of the area that they enjoy spending their free time in.

3 PLANNING POLICY

The applicants both work at North Devon District Hospital and have the opportunity to construct a house in the grounds of the family home (Barley Cott), which is conveniently located under ¾ mile from the hospital.

The accommodation proposed is modest and would be designed to minimise visual impact and carbon footprint. The design has been developed to address the requirements of Local Plan policy DM04. It aims to be sympathetic to its setting by being of an appropriate scale, mass and height. The materials proposed have been chosen to work sympathetically with the surrounding landscape and the relationship to buildings and landscape features in the neighbourhood will enable the property to be assimilated readily into is surroundings.

Parking provision on site will meet the requirements of DM06

The proposal would contribute towards the provision of self and custom-built housing in North Devon, in line with government targets. Paragraph 7.19 of the Local Plan reflects the LPA’s support for self and custom-built housing as part of the balanced delivery of housing set out in policy ST07. The proposed dwelling would also provide affordable accommodation for key healthcare workers.

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Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

Blakewell, whilst not an identified settlement in the local plan does represent a recognised collection of existing dwellings that benefit from the retail and recreational facilities offered at the Blakewell Fish Farm. As such, Blakewell would represent a qualifying rural settlement under the terms of ST07(3) and DM24. This would not represent an isolated dwelling in open countryside, but a sustainable proposal to enhance an existing rural community by the addition of a dwelling designed to meet local needs. An appropriate planning obligation would be entered into in order to secure this local connection.

The family home that is proposed has been carefully designed to relate well to the existing property Barley Cott, as well as other neighbours, avoiding overlooking or other loss of amenity and thus according with the requirements of Local Plan policy DM01, but maintaining the relationship between two properties within the same family ownership that would seek to enjoy an ongoing supportive relationship.

The NPPF requires LPAs to cater for the housing needs of various groups, one of which is identified as "people wishing to commission or build their own homes". The Framework advises that policies and decisions in rural areas should be responsive to local circumstances and support housing developments that reflect local needs. Those wishing to build or commission their own housing ought to be catered for by provision within larger sites for such a form of delivery, but this has not happened historically. As a result, the opportunity for such needs to be met requires encouragement through a positive response to opportunities such as this to deliver self or custom built housing. It is widely recognised that small sites tend to deliver housing more quickly than larger ones, and whilst the contribution towards a 5 year housing land supply from this site would be modest, it would be delivered as a matter of urgency to address the needs of the applicants.

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Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

4 DESIGN PRINCIPLES

The proposed sketches seek to mimic the built form of a rural barn. The building will seek to utilise slate or possibly a metal roof with vertical timber cladding and will conform to the principles of a local needs dwelling in terms of overall footprint.

There is an existing adopted drain that runs through the site that has been allowed for within the design proposal as submitted.

I can confirm that my clients will be happy to enter into a S106 agreement to secure the planning consent.

5 SITE LOCATION

The application site is located in the area of Marwood, Devon, 3 miles north of Barnstaple. The site is East facing and it slopes down toward the Blakewell Fisheries. In respect of the wider network, Barnstaple, the regional centre for North Devon is around 3 miles away to the South.

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Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

Figure 2 – View from B3230

6 AMOUNT

The Outline Application is for 1 local needs dwelling: 3 bedroomed house (up to 140 square metres);

7 ACCESS

The proposal will form a new access onto the road leading to Blakewell Mill Farm. Two parking spaces with turning on site will be provided.

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Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

Figure 3 – Site Plan as proposed

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Agenda Item 6 Appendix B

WOODWARD SMITH CHARTERED ARCHITECTS

Statement prepared by

Matt Steart

Partner

20th March 2019

Page 30 8

Agenda Item 7

Application Report Strategic Development & Planning Place Services North Devon Council Lynton House, Commercial Road, Barnstaple, EX31 1DG

Application No: 70952 Application 17 April 2020 Expiry: Application Type: Full application Ext Of Time 17 April 2020 Expiry: Publicity Expiry: 6 February 2020 Parish/Ward: Combe Martin/Combe Martin Location: Coastal Borough Road Combe Martin Ilfracombe Devon EX34 0DQ Proposal: Conversion of shop to form one flat Agent: Graeme Coombs Applicant: Graeme Coombs Planning Case Officer: Mrs. M. Pool Departure: N EIA Development: EIA Conclusion: Development is outside the scope of the Regulations.

Decision Level/Reason for Report to Committee. Committee (If Applicable): Councillor Gubb has requested removal of delegated powers for the reason:- ‘To discuss the Environment Agency’s concerns and the safe refuge to the upper floor which is now within the planning application.’

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Site Description This application relates to the ground floor of a former retail premises. It is a two storey property of predominantly render elevations with a first floor flat. It is positioned at an angle to and set back from Borough Road with a paved forecourt area demarcated by bollards separating this private amenity space from the pavement. There is a small enclosed courtyard to the rear. The property lies in a mixed residential and commercial locality in the centre of Combe Martin. The property is situated within Combe Martin Conservation Area. Additionally it is located within the Area of Outstanding Natural Beauty, and the Coast and Estuary Zone as well as being close to the Heritage Coast.

Recommendation: Refused Legal Agreement Required:- No

Planning History

PLANNING REF: DECISION DECISION DATE

77/1008/19/03 Approve - with conditions 20 October 1977

Proposal: Alterations and extension to existing Bingo Hall to provide shop with Bingo Hall over

58472 Full planning approval 25 August 2015

Proposal: Insertion of replacement upvc white double glazed windows,1 window replaced with patio doors and small area enclosed with handrailing on first floor

66010 Withdrawn 19 March 2019

Proposal: Conversion of shop to form one flat

Constraints/Planning Policy

Constraint / Local Plan Policy Distance (Metres) Chivenor Safeguard Zone Consultation Structure or works Within constraint exceeding 91.4m Conservation Area: 46 Combe Martin ; Within constraint Conservation Area: 46 Combe Martin ; Within constraint

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Within Flood Zone 2 Within constraint Within Flood Zone 3 Within constraint Landscape Character is: 4C Coastal Slopes and Combes Within constraint with Settlement Advert Control Area Combe Martin Within constraint Article 4 Area: Combe Martin and Berrynarbor Within constraint Within Surface Water 1 in 100 Within constraint Within Adopted AONB (ST09 & ST14) Within constraint Within Adopted Coast and Estuary Zone Within constraint Within adopted Development Boundary: Combe Martin Within constraint Development Boundary ST07 Within 100m of Adopted Heritage Coast Within constraint Within Adopted Unesco Biosphere Transition (ST14) Within constraint

SSSI Impact Risk Consultation Area Within constraint

Conservation Area: COMBE MARTIN

CMA - Combe Martin Spatial Strategy DM01 - Amenity Considerations DM07 - Historic Environment DM08A - Landscape and Seascape Character ST01 - Principles of Sustainable Development ST03 - Adapting to Climate Change and Strengthening Resilience ST07 - Spatial Development Strategy for Northern Devon’s Rural Area ST09 - Coast and Estuary Strategy ST14 - Enhancing Environmental Assets ST15 - Conserving Heritage Assets

Consultees

Name Comment Combe Martin A flood risk assessment shows the property in flood zone 3 high Parish Council risk of flooding. The design has responded to the flood risk assessment by putting flood prevention barriers in place. Reply Received Combe Martin Parish Council supports this application. 9 March 2020 Councillor Y Has requested the application be called to Planning Committee. Gubb

DCC - Standing advice confirmed. There are not considered to be any Development highway implications arising from this proposal. Management Highways

Environment We object to this application on flood risk rounds. The submitted Agency FRA is unacceptable and does not set out the flood risks correctly or demonstrate that the Change of Use (More Vulnerable – table 2

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NPPG) will be safe. The proposed mitigation measures will increase flood risk to third parties. Reason In previous correspondence with the applicant, via the previous planning application (66010 – withdrawn) and via pre application discussions, we have set out the flood risks to the site (river and surface water – not tidal), explained that the whole site is flood zone 3 and at a significant to extreme hazard to people and property during larger floods. We have also explained the minimum design requirement to make any change of use application to more vulnerable usage acceptable (raising FFL to 0.8m above road level). In this instance, the applicant has not proposed a suitable safe design, in line with NPPF guidance and we cannot see any other way of achieving this with the constraints of the site. Our latest flood modelling is based on many historical event throughout Combe Martin and not just 1958 as suggested in the FRA. The main river culvert cannot contain the design flood amounts. The culvert is overwhelmed during large storms (but still much smaller than the design flood event 1% chance with climate change) and flood waters will flow overland to either side of this property via Borough Road and the lane between Bosun’s cottage and Mill House. The proposed flood wall and demountable barrier at the front of the building is not acceptable as this will increase flood risk to third parties. This will remove flood storage and conveyance, and increase flood risk to third parties, so is unacceptable. Any flood resistance barrier has to be attached to the building itself, and be continuous around the whole building (external or internal), along with raising FFL. The rear yard, although enclosed, has not been designed as a flood defence barrier and cannot be considered as offering any form of protection to the property. This wall could easily be knocked down by the flood water, or indeed be removed by future owners. This also means that the building is surrounded by flood water, so no safe access and egress is possible. The option of safe refuge is a matter for the LPA to consider if the other issues could be overcome. For these reasons we do not see a way for the current ground floor proposal, at its current floor height, to be suitable for any form of residential development (even a lounge, kitchen, etc). Environment We object to this application on flood risk grounds. The submitted Agency FRA is unacceptable and does not set out the flood risks correctly or demonstrate that the Change of Use (More Vulnerable – table 2 Reply Received NPPG) will be safe. The proposed mitigation measures will 3 February 2020 increase flood risk to third parties. Reason

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In previous correspondence with the applicant, via the previous planning application (66010 – withdrawn) and via pre application discussions, we have set out the flood risks to the site (river and surface water – not tidal), explained that the whole site is flood zone 3 and at a significant to extreme hazard to people and property during larger floods. We have also explained the minimum design requirement to make any change of use application to more vulnerable usage acceptable (raising FFL to 0.8m above road level). In this instance, the applicant has not proposed a suitable safe design, in line with NPPF guidance and we cannot see any other way of achieving this with the constraints of the site. Our latest flood modelling is based on many historical event throughout Combe Martin and not just 1958 as suggested in the FRA. The main river culvert cannot contain the design flood amounts. The culvert is overwhelmed during large storms (but still much smaller than the design flood event 1% chance with climate change) and flood waters will flow overland to either side of this property via Borough Road and the lane between Bosun’s Cottage and Mill House. The proposed flood wall and demountable barrier at the front of the building is not acceptable as this will increase flood risk to third parties. This will remove flood storage and conveyance, and increase flood risk to third parties, so is unacceptable. Any flood resistance barrier has to be attached to the building itself, and be continuous around the whole building (external or internal), along with raising FFL. The rear yard, although enclosed, has not been designed as a flood defence barrier and cannot be considered as offering any form of protection to the property. This wall could easily be knocked down by the flood water, or indeed be removed by future owners. This also means that the building is surrounded by flood water, so no safe access and egress is possible. The option of safe refuge is a matter for the LPA to consider if the other issues could be overcome. For these reasons we do not see a way for the current ground floor proposal, at its current floor height, to be suitable for any form of residential development (even a lounge, kitchen, etc). Heritage & 13/02/2020 10:48 - I do not consider that this proposal will cause Conservation harm to the significance of the heritage asset. Officer

Reply Received 13 February 2020 North Devon No response received but there are not considered to be any AONB Service landscape implications associated with this proposal.

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South West Standing advice applies. There are no significant water supply Water issues arising. Foul sewage is proposed to be disposed of to the mains sewer.

Neighbours Comments No Objection Object Petition No. Signatures 0.00 0.00 0.00 0.00 0.00

No representations received.

Considerations Proposal Description

This application seeks planning permission for a change of use of a former retail premises to a two bedroom flat. The only external change is the removal of the existing shop entrance door with access to the dwelling being via another retained front door.

Planning Considerations Summary  Is the principle of residential development acceptable in this location?

 Is the residential use acceptable in terms of flood risk?

Planning Considerations In the determination of a planning application Section 38 of the Planning & Compulsory Purchase Act 2004 is relevant. It states that for the purpose of any determination to be made under the planning Acts, the determination is to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan for this area includes the Devon Waste Plan and North Devon and Torridge Local Plan. The relevant Policies are detailed above.

Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states a general duty of a Local Planning Authority as respects conservation areas in exercise of planning functions. In the exercise, with respect to any buildings or other land in a conservation area special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

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

Principle of residential development The application property lies within the development boundary of Combe Martin. Under Local Plan policy STO7 (1) Combe Martin is listed in the settlement hierarchy as a Local Centre wherein they will be the primary focus for development in the rural area. Development will be supported in accordance with the local spatial strategies, to

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enhance the sustainability of the locally important service centre and to enable wider local needs to be met. The principle of residential use is therefore acceptable in this sustainable location subject to compliance with all other relevant Local Plan policies.

Flood risk The application property is situated within Flood Zone 3, a location with a high probability of flooding. This is confirmed in the Environment Agency’s Flood Risk mapping which shows this property and the wider locality of Borough Road at risk from river and surface water flooding. A Flood Risk Assessment (FRA) is submitted with the application. This details the present situation regarding the various mitigation measures incorporated within the building, which was constructed in the 1980’s, to cope with flooding. These measures include the bed of the river being concreted and the river widened. The bottom of the building is approximately two metres above the normal river level. In a section headed ‘Proposed Flood Prevention Measures’ these are detailed as construction of a boundary front wall approximately 1 metre in height to be built between the existing concrete bollards and walls with a pedestrian gate whilst to the rear the property is described as being protected by a solid wall enclosing the rear courtyard. Surface water is discharged to the river directly from the side of the property. In terms of an emergency escape route in the event of a flood event the applicant states there is a fire escape to the rear of the property that serves as a means of escape for the first floor flat. It is contended this could equally serve occupiers of the proposed ground floor flat. The applicant states there have been no recorded flood events other than one in 1958. The Environment Agency (EA), have been consulted about the application. Their response is detailed above. In summary they contend the submitted FRA is unacceptable, does not set out the flood risks correctly or demonstrate the resultant change of use to a More Vulnerable use will be safe. The whole site is in the EA view at a significant to extreme hazard to people and property during larger flood events. The minimum design requirement to make the use acceptable would be raising Finished Floor Levels to 0.8 metres above road level. This is not achieved in the current submission.

Notwithstanding the Parish Council’s comment the EA view is that the proposed flood wall and demountable barrier at the front of Coastal is unacceptable as it increases the risk to third parties. Further it will remove flood storage and conveyance. To be effective the resistance barrier has to be attached to the building and be continuous. The rear yard although it is enclosed has not been designed as a flood defence barrier and even replacement with a block wall as the applicant has suggested, would not result in a barrier so robust that it could withstand an extreme flood event. Ingress here would mean the option of using the external escape stairs would not be possible.

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The applicant has responded to the EA comment in a further e-mail dated 9 February. It is contended the EA flood modelling is inaccurate and is based on historical events that have never happened at the seaside end of Combe Martin. The EA however assert their detailed flood modelling for Combe Martin produced in 2018 is the best technical/scientific flood modelling that can be produced and it includes use of historic flood records to calibrate the model. The response continues:- The model is then used to produce flood data (depth, speed, outlines) for a range of predictive storms. The design storm (1% chance of happening in any 1 year) is a far bigger storm that anyone has experienced in the past 60 plus year (1958 event), and we have to add climate change (40% to flood flows) to set the predict flood level, when considering new development. The detailed modelling has also assessed the capacity of the existing culvert and river channels, and it shows that they cannot contain the full range of predictive storms. Although the culvert and river channel were improved in 1979, which has increase the ‘protection’, they are still not large enough to handle the larger floods we have to consider. Boundary walls can indeed hold by flood waters, however they can and do fail during flood events. They can leak, overtop or collapse, causing surges of flood water which in turn collapse over wall or overtopping flood boards.’

Local Plan policy STO3 Adapting to Climate Change and Strengthening Resilience is applicable to the assessment of this proposal. It states:- Development should be designed and constructed to take account of the impacts of climate change and minimise the risk to and vulnerability of people, land, infrastructure and property by: (a) locating and designing development to minimise flood risk through: (i) avoiding the development of land for vulnerable uses which is or will be at risk from flooding, and (ii) managing and reducing flood risk for development where that has wider sustainability or regeneration benefits to the community, or where there is no reasonable alternative site; This policy accords with the NPPF guidance specifically at Section 14 Meeting the challenge of climate change, flooding and coastal change. At paragraph 155 it cautions inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere. Although paragraph 164 of the NPPF confirms changes of use should not be subject to the sequential or exception tests they nonetheless should still meet the requirements for site specific flood risk assessments. Paragraph 163 of the NPPF confirms development should only be allowed in areas at risk of flooding where it can be demonstrated that amongst other matters the development is appropriately flood resistant and resilient, any residual risk can be safely managed and safe access and escape routes are included as part of an agreed emergency plan.

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In the light of the EA comments the ground floor occupiers of the property would not be safe in the event of a flood event as the applicant has not proposed the suggested design requirements either within the property or to external areas given the accurate flood modelling of this site. Changes which are proposed to the exterior will increase flood risk to third parties. The main river culvert cannot contain the design flood amounts and will be overwhelmed during large storms.

In a further e-mail dated 19 March 2020 the applicant has advised that the opportunity has arisen with the vacation of the first floor flat for new tenancy agreements to be drawn up. It is stated the existing entrance lobby could be kept clear of all furniture and could be used by the occupiers of both flats as a safe internal place of refuge should the need arise. Whilst this may be possible there are no suitable planning controls that could be exerted to require this and it would still not overcome the flood risks identified above.

Conclusion The application is not considered to accord with the adopted development plan. Refusal of the application is therefore recommended.

HUMAN RIGHTS ACT 1998

The provisions of the Human Rights Act and principles contained in the Convention on Human Rights have been taken into account in reaching the recommendation contained in this report. The articles/protocols identified below were considered of particular relevance:

Article 8 – Right to Respect for Private and Family Life THE FIRST PROTOCOL – Article 1: Protection of Property

Recommendation Refused Legal Agreement Required:- No

Reason(s) For Refusal 1. The application property and surroundings lie within Flood Zone 3 at significant to extreme hazard to people and property during larger floods. The submitted Flood Risk Assessment is unacceptable as it does not set out the flood risks correctly or demonstrate a suitably safe design for the proposed residential accommodation can be achieved. Design alterations to the front of the building are not acceptable as they will increase flood risk to third parties. No satisfactory safe refuge or means of escape is proposed for occupiers in the event of an extreme flood event. Accordingly the development is not compliant with Policy STO1 Sustainable Development, Policy STO3 Adapting to Climate Change and Strengthening Resilience and DMO1 Amenity Considerations of

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the North Devon & Torridge Local Plan 2018 or the guidance at paragraphs 155 and 163 of the National Planning Policy Framework.

Informatives 1. Statement of Engagement In accordance with paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has looked for solutions to enable the grant of planning permission. This has included dialogue with applicant regarding Environment Agency response. However the proposal remains contrary to the planning policies set out in the reason for refusal and was not therefore considered to be sustainable development.

Inserts

1. Location Plan

Page 40 Agenda Item 7 Appendix A

Copy Supplied to Accompany Planning 70952 - Coastal, Borough Road, Combe Martin Committee Report

Lynton House, Commercial Road, Page 41 Scale: 1:2500 Barnstaple, EX31 1EA Date: June 2020 © Copyright and database right 2017 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. This page is intentionally left blank Agenda Item 8

Application Report Strategic Development & Planning Place Services North Devon Council Lynton House, Commercial Road, Barnstaple, EX31 1DG

Application No: 71029 Application 17 April 2020 Expiry: Application Type: Full application Ext Of Time 17 April 2020 Expiry: Publicity Expiry: 27 February 2020 Parish/Ward: Barnstaple/Barnstaple Central Location: 39-40 Boutport Street Barnstaple EX31 1SA Proposal: Change of use of ground floor from Use Class A1 (retail - former post office) to Use Class D2 / Sui Generis (tanning studio) together with associated internal and external alterations Agent: Stackhouse Design Applicant: Consol Southwest Ltd Planning Case Officer: Mr. M. Brown Departure: N EIA Development: EIA Conclusion: Development is outside the scope of the Regulations.

Decision Level/Reason for Report to Committee Cllr Mack: Committee (If Applicable): While I would like to see this building brought back into use, I do not believe this is the right use – For full reasoning see Insert 2

Site Description The property the subject of this application is located on Boutport Street in Barnstaple. The building was last used as the Barnstaple Post Office. It is a three storey building with a charity shop to one side and the Barclays Bank to the other. The elevations of finished in brickwork with metal fenestration. There is a small rear access door to the building and yard area which allows access to the Queen Street public car park. There are four car parking spaces in the yard area.

Recommendation: Approved Legal Agreement Required:- No

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Planning History

Planning Ref: Decision Decision Date

71030

Proposal:Siting of 2 internally illuminated fascia signs

37786 Advert Refusal 20 July 2004

Proposal: Siting of 2 projecting signs

48051 Full Planning Approval 9 April 2009

Proposal: installation of one automated telling machine (ATM)

57182 Full Planning Approval 12 May 2014

Proposal: installation of ATM to front of building

57249 Withdrawn 22 May 2014

Proposal: installation of ATM to front of building

60054 Advert Approval 20 November 2015

Proposal: retrospective siting of one non-illuminated ATM surround (amended description).

Constraints/Planning Policy

Constraint / Local Plan Policy Distance (Metres) Conservation Area: 5 Barnstaple-Town Centre ; Within constraint Burrington Radar Safeguard Area consultation required for: Within constraint All buildings, structures, erections & works exceeding 45 metres in height. Landscape Character is: 7 Main Cities and Towns Within constraint Advert Control Area Barnstaple Within constraint Chivenor Safeguard Zone Consultation Structure or works Within constraint exceeding 91.4m Within Surface Water 1 in 100 Within constraint Within Surface Water 1 in 1000 Within constraint

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Within Adopted Unesco Biosphere Transition (ST14) Within constraint Within Braunton Burrows Zone of Influence Within constraint Class III Road SSSI Impact Risk Consultation Area Within constraint

Conservation Area: BARNSTAPLE, TOWN CENTRE

BAR - Barnstaple Spatial Vision and Development Strategy BAR11 - Queen Street / Bear Street DM01 - Amenity Considerations DM07 - Historic Environment DM19 - Town and District Centres ST06 - Spatial Development Strategy for Northern Devon’s Strategic and Main Centres ST12 - Town and District Centres ST15 - Conserving Heritage Assets

Consultees

Name Comment Barnstaple 7/02/2020 11:25 - At the Barnstaple Town Council, Planning and Town Council Transportation Committee on Thursday 6th February 2020 the Town Council recommended refusal on the following grounds: Reply Received - The applicant has suggested that there is a desire to retain 7 February 2020 A1 use within the Town Centre and the Town Council would agree with this and believes there is already an over proliferation of the proposed class of businesses in the town centre. - The impact of this business could lead to a loss of local jobs by only offering 1.5 FTE employees compared to 8 that might be lost if the impact is to lose existing local businesses. Environment No flood risk identified. Agency

Heritage & No objection in terms of the change of use. Conservation Officer

Reply Received 14 February 2020 South West No objection received. Water

Sustainability No objection received. Officer

Neighbours Comments No Objection Object Petition No. Signatures 0.00 1 90 0.00 0.00

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Comments include reference to:-  Anti-social behaviour.  Loss of jobs/commercial competition from national operator.  The business would not enhance the vitality and viability of Barnstaple town centre.

Considerations

Proposal Description This application seeks planning permission for the change of the ground floor (only) of 39-40 Boutport Street from A1 to Sui Generis/D2 to facilitate the use of the unit as a tanning salon/solarium.

It is proposed that the salon will provide 14 tanning booths, WC, staffroom and associated store rooms.

As part of the application new grey colour polyester powder coated shopfront doors and frame, which will incorporate ventilation louvers, is shown on the plans. A new rear door and frame are also proposed. These will sit within existing openings. Signage is shown on the elevational drawings but does not form part of this application.

Planning Considerations Summary  Proposed use  Design and Heritage  Amenity  Ecology  Flood Risk and Drainage  Highways

Planning Considerations In the determination of a planning application Section 38 of the Planning & Compulsory Purchase Act 2004 is relevant. It states that for the purpose of any determination to be made under the planning Acts, the determination is to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan for this area includes the Devon Waste Plan and North Devon and Torridge Local Plan. The relevant Policies are detailed above.

Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states a general duty of a Local Planning Authority as respects conservation areas in exercise of planning functions. In the exercise, with respect to any buildings or other land in a conservation area special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

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

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Proposed Use The Post Office moved out of the building in 2016 and it has be vacant since.

In the glossary of the adopted Local Plan, Main Town Centre Uses includes ‘retail development (including warehouse clubs and factory outlet centres); leisure and entertainment facilities, the more intensive sport and recreation uses (including cinemas, restaurants, drive-through restaurants, bars and pubs, night-clubs, casinos, health and fitness centres, indoor bowling centres, and bingo halls); offices; arts, culture and tourism development (including theatres, museums, galleries and concert halls, hotels and conference facilities) (NPPF Annex 2)’.

Policy DM19 of the adopted Local Plan seeks to increase the vitality and viability of town centres by supporting a wider range of uses. The range of proposed uses that are likely to be acceptable within town centres are also outlined in Policy ST12 (criteria 2 and 3). Therefore, it is considered that Policy DM19 and ST12 are compliant with the uses set out in the NPPF and glossary within the Local Plan. Therefore the proposed use is acceptable in principle within a town centre location.

Criterion 2 of Policy DM19 makes it clear that the primary function of town centres is to ensure the retail function is safeguarded and enhanced although there is a more flexible approach to the change of use of ground floor premises to alternative uses, particularly in units that are located outside of the primary shopping frontages such as this. Whilst there is more flexibility within Policy DM19, criterion 2(c) seeks to ensure that the proportion of A1 uses within a Primary Shopping Area does not fall below 50%. This percentage is considered reasonable given the purpose of a town centre is to retain a high percentage of A1 uses.

However, evidence from the recent town centre survey (2019) would suggest that Barnstaple High Street is currently just below this 50% figure for the overall proportion to be A1 uses (approximately 47%), which is a further decline from the 2018 survey (approximately 49%) and with a relatively high vacancy rate (approximately 12%), there is already some concern regarding the vitality and viability of the town centre. Whilst there is no clear indication that the town centre is in serious decline, evidence would suggest some decline is evident within the town centre in relation to A1 uses and therefore paragraph 13.113 of the Local Plan recognises the need for diversification of uses to maintain buoyant town centres and where other uses may be acceptable provided the vitality and viability of the commercial activities is not undermined. It is accepted that other acceptable ground floor uses do not specifically include Sui Generis proposals, but it is accepted that tanning salons are not considered to be an un- common use within town centres and will at least bring footfall to the Primary Shopping Area.

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Therefore, whilst policy would prefer the occupation of the ground floor to be retained as an A1 use, consideration must be afforded in the planning balance to the possibility of this building continuing to be a long term vacant unit within the Primary Shopping Area of Barnstaple against the delivery of a viable use albeit one that does not strictly accord with Policies ST12 and DM19 but also one that is unlikely to harm the vitality and viability of the town centre.

A number of letters of objection have been submitted, they predominantly express regarding the impact this proposal would have on existing tanning salons within Barnstaple. Whilst there may be local concerns, the market will determine the future success or not of this tanning salon and it is not for the planning system to consider the argument that Barnstaple has a number of tanning salons and a further unit could have an adverse impact on existing businesses. Furthermore, ministerial advice has often re- iterated that considerations of commercial competition are not planning matters. As such this is not a material planning consideration.

The site is within the area of Queen Street / Bear Street which is identified for the expansion and enhancement of the town centre to deliver a sustainable, high quality, mixed-use development in accordance with Policy BAR11. The change of use of this building would not prejudice the delivery of Policy BAR11; indeed it would support the policy by providing a compatible commercial use.

Design and Heritage The only external changes proposed as part of this application are new windows and doors. The proposed new fenestration will reflect the existing and relate to the commercial use of the ground floor in design terms. The new details will also preserve the conservation area and its significance as required by the Duty detailed above and the NPPF respectively.

Amenity It is proposed that the salon will operate between 07:00 and 22:00 with access to the building being controlled. This is a town centre location near other commercial uses such as public houses and takeaways. The users of the facility proposed are unlikely to cause an unacceptable impact on the amenity of the area given the size and nature of the operation proposed, especially against the backdrop of the existing commercial uses in the area which can already generate amenity impacts to an extent. As access to the property is to be controlled opportunities for anti-social behaviour to occur within the property will be limited.

Extraction is proposed by louvers to the front and mechanical vents to the rear elevation. Given the remoteness of the rear elevation from residential properties no unacceptable amenity impact is identified in this regard.

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Ecology Local Planning Authorities have a statutory duty to ensure that the impact of development on wildlife is fully considered during the determination of a planning application under the Wildlife and Countryside Act 1981 (as amended), Natural Environment and Rural Communities Act 2006, The Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017).

The proposal will not impact on protected species due to the use proposed and town centre location.

Flood Risk and Drainage No flood risk or drainage issues are identified.

Highways There are a number of public car parks in the locality and the proposal is also close to the Towns bus station and within walking distance of the train station. Bicycle parking is also available on the Street. The proposal is therefore considered to be in a sustainable location and that it will not result in any severe highway safety implications.

Conclusion Planning should not stifle new business and competition on high streets. The local plan is clear that alternative town centre uses should be supported, and that the town centre should foster an efficient, competitive and innovative sector.

The proposal would occupy a long term vacant unit within the Primary Shopping Area of Barnstaple with a viable use which is compatible with Town Centre objectives overall. This carries significant weight as it will enhance the vitality and viability of the Town Centre whilst not impacting on a primary shopping frontage, which reduces the policy conflict further; resulting in the loss of a retail unit carrying limited weight.

Bringing the building back into use will also preserve the Conservation Area, which again carries significant weight.

The benefits of the application are therefore considered out outweigh the harm. As such the application is considered to accord with the adopted development plan and above Duty. Approval of the application is therefore recommended subject to the imposition of planning conditions.

HUMAN RIGHTS ACT 1998

The provisions of the Human Rights Act and principles contained in the Convention on Human Rights have been taken into account in reaching the recommendation contained in this report. The articles/protocols identified below were considered of particular relevance:

Article 8 – Right to Respect for Private and Family Life

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THE FIRST PROTOCOL – Article 1: Protection of Property

Recommendation Approved Legal Agreement Required:- No

Conditions 1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason : The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the following approved plans/details: 19 31 02A Site Plan and received on the 20/01/20, 19 31 20C Proposed Ground Floor Plan and received on the 20/01/20, 19 31 21 A Proposed Front Elevation and received on the 20/01/20, 19 31 22B Proposed Rear Elevation and received on the 20/01/20, 19 31 01 Location Plan and received on the 20/01/20 ('the approved plans').

Reason: To ensure the development is carried out in accordance with the approved plans in the interests of proper planning.

Informatives

1. Separate consent for any advertisement. This Permission does not convey any consent for the display of advertisements or signage for which the separate consent of the Local Planning Authority may be required under the provision of the Town & Country Planning [Control of Advertisement] Regulations.

2. Statement of Engagement In accordance with paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way and has imposed planning conditions to enable the grant of planning permission. This has included consideration of the proposed use, heritage and design, amenity and highways.

INSERTS

1. Location Plan. 2. Cllr Call In details. 3. Representations received

Page 50 Agenda Item 8 Appendix A

THE SITE

Copy Supplied to Accompany Planning 71029 - 39-40 Boutport Street, Barnstaple Committee Report Lynton House, Commercial Road, Page 51 Scale: 1:2500 Barnstaple, EX31 1EA Date: June 2020 © Copyright and database right 2017 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. This page is intentionally left blank Agenda Item 8 Appendix B

Insert 2

Councillor Call In Request Details

While I would like to see this building brought back into use, I do not believe this is the right use.

This site is important to the vitality of Barnstaple Town Centre. Since the closure of the Post Office, local businesses have seen a dramatic reduction in footfall, as less shoppers pass this way. Some shops have been even forced to close or relocate. Any application here, particularly a change of use, should prove how the business would enhance vitality and viability of both Barnstaple Town Centre and the Boutport Street / Queen Street area.

I do not believe this application would have any positive impact on the vitality and viability of Barnstaple Town Centre, or the surrounding area. The planning application gives no reason that this business would have a positive contribution to Barnstaple Town Centre.

There are two other tanning salons in this part of Barnstaple already, both just 200m from the proposed site. Many gyms in the area also offer tanning services. The two existing salons are both smaller, with 3 beds each, and are not working at maximum capacity. The proposed salon would have 15 beds. The planning application gives no reason to think there is demand for this number of beds, or indeed any demand at all, given current provision in Barnstaple.

It is highly likely this new salon would see the closure of two local businesses. This would have a net negative impact on the viability of Barnstaple Town Centre as two more empty shopfronts are created.

The planning application states that the new business would employ just 1.5 FTE staff. This appears to be possible only due to a practice of operating without staff in evenings. This creates a public safety risk in a part of town susceptible to crime and antisocial behaviour.

The two existing salons hire 6 staff between them and provide space for two self employed professionals. If the new salon led to the closure of the local salons, it could lead to the loss of over 6 jobs.

I object to this planning application on the following grounds: • A net negative impact on the vitality and viability of Barnstaple Town Centre. • No business or planning case for how a new salon would benefit the area. No mention of NDTLP or NPPF in application. • A potential loss of local jobs. • A public safety risk in unstaffed premises close to Barnstaple’s night-time scene.

Page 9 of 9 Page 53 This page is intentionally left blank Agenda Item 8 Appendix C Neighbour Representation List for Application 71029

90 OBJECTIONS

Samantha Elshout 5 Bicton Street ,Barnstaple EX32 7DY Date Received

04-February-20

Claire Short 1 Combrew Cottages Combrew Lane, Date Received Bickington, Barnstaple EX31 2ND 04-February-20

Joanne Coombes 14 Higher Maudlin Street, Barnstaple Date Received EX32 7BJ 06-February-20

Georgia Bond 10 Thorne Park, West Down, lfracombe Date Received EX34 8NG 06-February-20

Jennifer Ford Parsonage Farm, Newton Tracey, Date Received Barnstaple EX31 3PN 06-February-20

Katie Southworth Email only Date Received

05-February -20

Nicole Keary 49 Newport Road, Barnstaple EX32 9LQ Date Received

06-February-20

Jon Mather 5 Seaview Road, Northam, Devon Date Received

6-February-20

Melissa Andrew 22 John Gay Road, Barnstaple EX32 Date Received 8DA 06-February-20

Stacey Phillips 3 Easter Court, Roundswell, Barnstaple Date Received EX31 3SJ 05-February-20

Leanne Shurety 61 Morton Drive, Torrington Devon Date Received

05-February-20

Mrs Chugg 7 Market Parade, Market Street Date Received

Barnstaple EX31 1BX 05-February20

Page 55 Agenda Item 8 Appendix C Charlotte Jones 23 Broadgate Close Barnstaple Date Received

EX31 4AL 05-February-20

Emma Vickery 7 Taw Road Chivenor,Barnstaple EX31 Date Received 4BL 05-February-20

Tanya 18 Vicarage Lawn Barnstaple EX32 7BW Date Received

05-February-20

Jeany Hakin Bayview Farm, Croyde Braunton EX33 Date Received 1PN 05-February-20

Jodie 15 Company Road, Fremington EX31 Date Received 3FZ 05-February-20

Kelly Davis Linden Lea Newland Landkey EX32 0ND Date Received

05-February-20

Emma Newcombe 12 Winston Park South Molton EX36 Date Received 3AY 05-February-20

Emma Glanville 41 Coppice Gate Barnstaple EX32 9PD Date Received

05-February-20

Julie Toogood-Andrew 192 Long Meadow Drive Barnstaple Date Received EX32 7RE 05-February-20

Dan Corlett Email only Date Received

04-February-20

Ryann Marshall 6 Marist Way Barnstaple EX32 9DW Date Received

05-February-20

Carrie Rogers Email only Date Received

04-February-20

Tanya Calcutt 18 Church Meadow Landkey EX32 0JB Date Received

05-February-20

Fiona Paul Beauchamp 2a Old Bideford Road Sticklepath Date Received

Barnstaple EX31 2DE 05-February-20

Page 56 Agenda Item 8 Appendix C Alisha 18 Tamar Road, Chivenor, Barnstaple Date Received EX31 4BQ 05-February-20

Sarah Anastasiades 28a Queen Street Barnstaple EX32 8HQ Date Received

05-February-20

Alexandra Curley 23 Rumsam Meadows Barnstaple Date Received EX32 9FF 05-February-20

Michaela Boggis 10 Nursery End Barnstaple EX31 1RA Date Received

05-February-20

Paul Brooks 13 Fort Terrace Barnstaple EX32 8BH Date Received

05-February-20

Fiona Davis 26 Westaway Close Barnstaple EX31 Date Received 1RU 05-February-20

Denise Warburton Email Only Date Received

04-February-20

Samantha Coleman 132 Gould Road Barnstaple EX32 8EP Date Received

04-February-20

Peter Collingswood 3 Higher Church Street Barnstaple EX32 Date Received 8JE 04-February-20

Tatyana Keary 96 Sampsons Plantation Fremington Date Received EX31 3FJ 04-February-20

Rowan Chambers 11 Warwick Terrace, St Georges Road Date Received

Barnstaple EX32 7AR 04-February-20

Rumer Mimi Burridge Clanton, Roundswell Barnstaple EX31 Date Received 3NP 04-February-20

Debbie Oke 6 John Gay Road Barnstaple EX23 8DA Date Received

04-February-20

Jordan Shurety 9 Redlands Road, Fremington EX31 Date Received 2NY 04-February-20

Page 57 Agenda Item 8 Appendix C Gayle Darcy 26 Babbages Bickington Barnstaple Date Received EX31 2LW 04-February-20

Amy 12 Aspen Grove Fremington EX31 3FB Date Received

04-February-20

Lauren Yeo 26 Babbages Bickington Barnstaple Date Received EX31 2LW 04-February-20

Mrs D Godfrey 7 Mead Park Bickington Barnstaple Date Received EX31 2PF 30-January-20

Mrs D Godfrey Email only Date Received

30-January-20

Mrs. Oke Email only Date Received

30-January-20

Kathryn McDine 8 Heyswood Avenue Barnstaple EX32 Date Received 9DE 30-January-20

Gail Mathers 54 Nadder Meadow South Molton EX36 Date Received 4BR 30-January-20

Lily Griffith 16 Rookabear Avenue, Roundswell Date Received Barnstaple EX31 3GS 30-January-20

Lisa Gordon-Oke 33 Rectory Close Wrafton Braunton Date Received EX33 2DQ 30-January-20

Kerry Clark 33 Sowden Park Barnstaple EX32 8EH Date Received

04-February-20

Stacey Roy 26 Greenbank Road Barnstaple EX32 Date Received 8EG 07-February-20

Lee 5 Zephyr Crescent Barnstaple EX32 7EE Date Received

07-February-20

Kayley Belton 21 Portland Street Barnstaple EX32 9JL Date Received

10-February-20

Page 58 Agenda Item 8 Appendix C Claire Gale 4 Wheel Close Roundswell Barnstaple Date Received EX31 3WN 10-February-20

Hayden 10 Poltimore Lawn Barnstaple EX32 7HL Date Received

10-February-20

Emma Boden-Bayliss 33 Appletree Close Barnstaple EX32 Date Received 8PN 10-February-20

Callie Renyard 11 Orleigh Close Buckland Brewer Date Received Bideford 10-February-20

Natasha 3 Vale Close Barnstaple EX32 7DE Date Received

10-February-20

Slee 14 Field Close Braunton EX33 1EP Date Received

10-February-20

Paige 20 Company Road Fremington EX31 Date Received 3FZ 10-February-20

Natasha Pither 6 Cider Way South Molton EX36 4FA Date Received

10-February-20

Ginny Murch 2 The Orchards Lovacott Barnstaple Date Received EX31 3PU 10-February-20

Rowena S Richardson 36a Newport Road Barnstaple EX32 Date Received 9BQ 10-February-20

Vanessa 1 Silver Birch View Barnstaple EX32 Date Received 7SB 10-February-20

Emma Griffiths 40 Charles Dart Crescent Barnstaple Date Received EX32 7ED 10-February-20

A Thorne 31 Mulberry Way Roundswell Barnstaple Date Received EX31 3QZ 10-February-20

Cathy Email only Date Received

10-February-20

Page 59 Agenda Item 8 Appendix C Cathy Email only Date Received

10-February-20

Cathy Edwards 31 Chaddiford Lane Barnstaple EX31 Date Received 1RE 10-February-20

Jim Cadogan Annexe 22 Westerholme Burlington Date Received Grove Barnstaple EX32 9BU 10-February-20

Hollie 2 Highgrove Barnstaple EX31 3SX Date Received

10-February-20

James Stoneham Email only Date Received

10-February-20

James Stoneham Flat 3 5 Seymour Villas Woolacombe Date Received EX34 7AQ 10-February-20

Glenn Field 9 Queens House Queen Street Date Received Barnstaple EX32 8HJ 11-February-20

Heather Kingdon Tannery Cottage Hannaford Lane Date Received Swimbridge EX32 0PL 11-February-20

Jo Osborne 45 Oak Tree Barnstaple EX32 0HE Date Received

11-February-20

Kim Dryden 1 Convent Close Barnstaple EX32 9DR Date Received

15-February-20

Kirsty Jones 12 Highwood House Burlington Grove Date Received Barnstaple EX32 9BU 15-February-20

Millie Storey 106 Sampsons Plantation Fremington Date Received EX31 3FJ 15-February-20

Carol Email only Date Received

15-February-20

Nicola 39 East Park Road Barnstaple EX32 8PL Date Received

15-February-20

Page 60 Agenda Item 8 Appendix C Courtney Wheaton 11 Company Road Fremington EX31 Date Received 3FZ 15-February-20

Jade 8 Fort Terrace Barnstaple EX32 8BH Date Received

15-February-20

James Withers 87 Sampsons Plantation Fremington Date Received EX31 3FJ 15-February-20

Saskia Scott Email only Date Received

15-February-20

Lewis Andrews Tree Tops Planning Northdown Road Date Received Bideford EX39 3NA 13-February-20

Emma Stratton Watermouth Cottage Berrynarbor EX34 Date Received 9SJ 18-February-20

Tracey Thornton Frank Smale Gentlemens Hairdresser Date Received 29 Queen Street Barnstaple EX32 8HQ 18-February-20

Louise Gordon 5 Heron Court Barnstaple EX32 8QR Date Received

28-February-20

1 SUPPORT

13 Ollie 9 Redlands Road Fremington EX31 4AL Date Received

05-February-20

Page 61 This page is intentionally left blank Agenda Item 9

Application Report Strategic Development & Planning Place Services North Devon Council Lynton House, Commercial Road, Barnstaple, EX31 1DG

Application No: 71459 Application 12 June 2020 Expiry: Application Type: Full application Ext Of Time Expiry: Publicity Expiry: 18 May 2020 Parish/Ward: Barnstaple/Roundswell Location: Unit 1B (Formerly Barum Autoparts) Seven Brethren Bank Barnstaple Devon EX31 2AS Proposal: Change of use of building to an operational police station together with the erection of four ancillary buildings Agent: Devon & Cornwall Police Applicant: Devon & Cornwall Police Planning Case Officer: Ms. J. Watkins Departure: N EIA Development: EIA Conclusion: Development is outside the scope of the Regulations.

Decision Level/Reason for Report to NDC own the property Committee (If Applicable):

Page 63 Agenda Item 9

Site Description

The building is on the Seven Brethren employment estate and is accessed from the estate's road network. It is opposite to the existing Leisure Centre and is in close proximity to the short and long stay car parks. Pedestrian access from the Town Centre would be via the Long Bridge. The site is 0.7 miles from the existing Police Station in North Walk and 0.5 miles from the Pannier Market.

It consists of two storey block with associated warehousing. The existing building has previous used by Barum Auto Parts Ltd, as an automotive warehouse and sales centre. The building is primarily clad (dark grey profiled sheeting) with some limited areas are brick finish around the pedestrian entrances. The warehouse is accessed by two full sized roller shutter doors.

The site contains an enclosed yard and around 22 demarked parking spaces.

Recommendation:

Approve Legal Agreement Required:- No

Planning History

Planning Decision Decision Date 70677 Withdrawn Invalid 28 October 2019

Address: Barum Auto Parts Ltd Seven Brethren Bank Barnstaple Devon EX31 2AS Proposal: Change of Use from B2 (General Industrial) to D1 (Nursery)

Constraints/Planning Policy

Constraint / Local Plan Policy Distance (Metres) Advert Control Area Barnstaple Within constraint Burrington Radar Safeguard Area Within constraint Chivenor Safeguard Zone Within constraint Historic Landfill Buffer Within constraint Land is potentially contaminated Within constraint Landscape Character is: 7 Main Cities and Towns Within constraint Unclassified Road Within Barnstaple South Development Boundary ST06 Within constraint Within Adopted Mixed Use Allocation: BAR13 Seven Within constraint Brethren

Page 64 Agenda Item 9

Within Adopted Unesco Biosphere Transition (ST14) Within constraint Within Braunton Burrows Zone of Influence Within constraint Within Flood Zone 2 Within constraint Within Flood Zone 3 (on the western border) Within constraint SSSI Impact Risk Consultation Area Within constraint

BAR - Barnstaple Spatial Vision and Development Strategy BAR13 –Seven Brethren DM01 - Amenity Considerations DM02 - Environmental Protection DM03 - Construction and Environmental Management DM04 - Design Principles DM05 - Highways DM06 - Parking Provision DM13 - Safeguarding Employment Land DM19 - Town and District Centres DM20 - Development Outside Town and District Centres ST01 - Principles of Sustainable Development ST03 - Adapting to Climate Change and Strengthening Resilience ST05 - Sustainable Construction and Buildings ST11 - Delivering Employment and Economic Development ST12 - Town and District Centres

Consultees

Name Comment

Barnstaple No response Town Centre Manager

Barnstaple No response Town Council

Building Control 20/04/2020 14:23 - Details of the means of escape strategy Manager required, in particular the escape from both upper floor sections to show that the stairs lead directly to a final exit and place of safety Reply Received away from the building. On the ground floor details required of 20 April 2020 escape route, in particular if escape is to be via secure yard. Details required of provision for wheel chair users to access all floors and wheel chair user toilet facilities and means of escape provision for disabled occupants. Councillor D No response Knight

Councillor G No response Lofthouse

Page 65 Agenda Item 9

DCC - NO OBJECTION -I have no highway objections to raise against Development this application. However, I do appreciate there may be an issue Management with parking if this matter is not properly operated. This, in turn, Highways could have connotations for parking on the public highway and restrict overall traffic movements. Therefore, I would expect a Reply Received Parking Management Plan to be agreed as part of any decision. 6 May 2020 Economic I am writing on behalf of North Devon Council Economic Regeneration Development in support of this application. Our team has been Officer working closely with Devon and Cornwall Police to identify a suitable new location for operations in Barnstaple. This temporary Reply Received solution would work well whilst a more permanent site is identified. 27 April 2020 The temporary nature of the proposal works well with the proposed development programme for Seven Brethren.

Environmental I have reviewed this application in relation to Environmental Health Manager Protection matters.

Reply Received I have no objection. 28 April 2020

Landscaping & No response Countryside Officer

Open Space No response Officer

Planning Policy The site is within the defined development boundary for Barnstaple Unit where the principle of development is acceptable in accordance with Policy ST06 of the adopted Local Plan. I note the change of Reply Received use to the former Barum Autoparts is to provide a temporary 6 May 2020 Operational Patrol Base and Custodial Facility for Devon & Cornwall Constabulary.

As you are aware, Seven Brethren currently incorporates a range of retail, commercial and leisure uses. Policy BAR13 of the adopted Local Plan supports the regeneration and environmental enhancement of Seven Brethren to deliver new economic development, recreation and leisure uses, including enhanced pedestrian and cycle links along the river frontage between the Longbridge and the iron bridge. In terms of the Local Plan, economic development is defined as 'including those within B use classes, public and community uses and main town centre uses (excluding housing development)'. This far more flexible approach to development could in my opinion be accepting of this proposed use under this definition and therefore I am less concerned by the implications of Policy DM13.

Paragraph 10.67 of the Local Plan recognises that the existing

Page 66 Agenda Item 9

'configuration of car parking, dropping off and picking up points for buses, coaches and taxis around Barnstaple railway station as well as vehicular traffic movements in the surrounding area causes conflict between users'. Therefore, from a policy perspective I would wish to be assured that these existing problems are not exacerbated by this proposed use which has the potential to greatly increase the level of traffic movements over and above the existing use as a sales and distribution centre for car parts.

However, I would wish to be assured that the proposed use would not adversely impact on existing businesses in the area in accordance with Policy DM01.

The site is within flood zones 2 and 3. A police station is required to be operational during flooding so is a 'Highly Vulnerable' use and should be avoided within areas at highest risk of flooding such as this. However, it is recognised that existing flood defences at Seven Brethren are planned for improvement over the short term. Paragraph 3.18 states 'in recognition of the increased flood risks from climate change and in line with national policy, the Local Plan will apply a precautionary approach to the location of new development. This will avoid inappropriate development in areas at risk of flooding or coastal change and minimise risks for people, property and infrastructure'. The developer's site-specific flood risk assessment should demonstrate that the site will be safe and that people will not be exposed to hazardous flooding from any source and clearly demonstrate how the operation of any mitigation measures can be safeguarded and maintained effectively through the lifetime of the development. It is recognised that the proposal is only for a temporary facility. It should be noted that paragraph 164 of the NPPF (February 2019) no longer requires development for a change of use to be subject to the sequential or exception tests. All issues around flooding should be in accordance with Policy ST03 of the adopted Local Plan and the consultation response of the Environment Agency.

Subject to the above policy considerations being adequately addressed, there is no policy objection in principle to the temporary change of use of the existing building to an Operational Patrol Base and Custodial Facility for Devon & Cornwall Constabulary. Property & From a landowners perspective I have no objection, however I Technical would like to see some screening of the new storage areas and for Services the storage areas to blend with existing cladding.

Reply Received 6 May 2020 Sustainability If trees are to be removed as you have noted then the Wildlife Officer Trigger List has not been filled out correctly and a Wildlife Assessment is required. I can not see any evidence of such an Reply Received assessment or any statement justifying why an assessment is not

Page 67 Agenda Item 9

5 May 2020 required. Should the loss of trees be unavoidable, suitable mitigation and compensatory planting will be necessary to ensure a net gain for biodiversity is demonstrated.

Neighbours Comments No Objection Object Petition No. Signatures 1 0.00 0.00 0.00 0.00

This proposed building has public access so should have a Changing Places Toilet.

This is a Building Control issue.

Considerations

Proposal Description

The roof construction at the existing Barnstaple Police Station at North Walk has been assessed as being in need of urgent works yet is beyond economic repair. This application seeks permission to use an industrial unit at Seven Brethren for a temporary period whilst the Devon and Cornwall Police consider plans for a new operating base to serve North Devon.

The proposed building it to be provided as an Operational Patrol Base and Custodial Facility providing the following facilities:

 Suitable desk space for up to 154 staff and any one time, this allows for short term growth.  Sufficient parking for 12 operational vehicles, 2 vans, motorcycle and cycle storage areas.  Partnership Rooms, Interview and separate Meeting and Briefing Areas.  Ancillary accommodation including Staff Rest areas, Locker Rooms, and Shower /WC / Drying facilities and equipment and storage facilities.  Secure compound.

The premises will be operational 24hrs a day, 365 days a year. Public access will be facilitated by a Public Enquiry Office located on the ground floor. The first floor of the premises are to be used for open plan offices.

Custody Facilities are to be provided as a self-contained unit within the site, with a secure perimeter fencing.

Amended plans have been received which remove other outside storage areas which can now be provided inside the building. This results in no loos if trees or site edge landscaping.

Planning Considerations Summary

 Principle  Design  Amenity

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 Ecology  Flood Risk  Highways

Planning Considerations

In the determination of a planning application Section 38 of the Planning & Compulsory Purchase Act 2004 is relevant. It states that for the purpose of any determination to be made under the planning Acts, the determination is to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan for this area includes the Devon Waste Plan and North Devon and Torridge Local Plan. The relevant Policies are detailed above.

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

Principle

The site is within the defined development boundary for Barnstaple where the principle of development is normally supported in accordance with Policies ST06 and DM12. DM12 states that economic development will be supported on existing and allocated employment land within development boundaries provided that there is no undue detriment to residential amenity, public highway users, town centre vitality, landscape character and the environment generally and that the development has an adequate and safe access and does not give rise to excessive or inappropriate traffic and will contribute to the general aim of reducing the need to travel by private car. In terms of the Local Plan, economic development is defined as 'including those within B use classes, public and community uses and main town centre uses (excluding housing development)'.

Policy BAR13 of the adopted Local Plan supports the regeneration and environmental enhancement of Seven Brethren to deliver new economic development, recreation and leisure uses, including enhanced pedestrian and cycle links along the river frontage between the Longbridge and the Iron Bridge.

As set out in the Planning Policy response there is no policy objection in principle to the temporary change of use of the existing building to an Operational Patrol Base and Custodial Facility for Devon & Cornwall Constabulary.

Design

Both Section 12 of the NPPF and Policy DMO4 of the NDTLP support good design and the integration of new development into the natural, built and historic environment. The application is primarily a change of use of an existing building with limited alterations to its external appearance.

The main visual change will be the siting of a portable building to be used for custodial purposes. The custodial building will be sited to the rear of the car parking area and will have limited impact on the street scene.

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This structure will only be on site for the extent of time that the police require the premises and any harm that results will be short term.

The site will be enclosed by a 1.8 m mesh fence. Again this is not an ideal feature in the public realm but is an operational necessity for the police and within the context of the employment estate is acceptable.

Amenity

Policy DM01 of the NDTLP states that development will be supported where there is no significant harm to the amenities of neighbouring occupiers and the intended occupants of the proposed development. In this instance given the context of the site, there are no amenity issues with the proposal.

Ecology

Local Planning Authorities have a statutory duty to ensure that the impact of development on wildlife is fully considered during the determination of a planning application under the Wildlife and Countryside Act 1981 (as amended), Natural Environment and Rural Communities Act 2006, The Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017).

Paragraph 175 of the NPPF and policy DM08 of the NDTLP states that adverse impact on protected species should be avoided where possible and sufficient mitigation used. An ecology report has not been provided. As the building is modern in construction and form and has been in active use, there is no reason to consider that the new use will adversely impact on protected or other species.

The D&A and the amended plans indicate that the existing soft landscaping will remain unaltered.

Flood Risk and Drainage

The site is within Flood Zone 3, where there is a high probability of flooding. The final part of the flood protection works associated with Anchorwood bank have yet to be undertaken. Police Stations fall within a ‘Highly Vulnerable’ class within the EA’s risk assessment.

PPS25 previously advised that a sequential approach to land use in terms of flood risk is applied. This means allowing development in high risk areas only if lower risk area are not suitable and appropriate measures are taken to mitigate against flood risk are already present or shall be employed. It should be noted that paragraph 164 of the NPPF (February 2019) no longer requires development for a change of use to be subject to the sequential or exception tests. All issues around flooding should be in accordance with Policy ST03 of the adopted Local Plan and the consultation response of the Environment Agency

The FRA argues that the use is ‘of a temporary nature, and that future proposals are to be progressed for permanent location outside the Flood Risk Area’. The FRA argues that ‘the property is considered essential to serve the local community,….The

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conversion of the existing vacant of the building are considered sustainable development…

The proposed development is for the change of use of existing ground floor areas to be provided as office accommodation for use as Police Response Base, the existing use is redundant and is therefore classified as brownfield site. There will be no significant increase in risk of flooding compared to the existing situation.

The FRA argues that it can be demonstrated that the proposals are safe where additional measures taken to ground floor area to limit damage.

Measures to limit damage  Flood board guides to be provided at Entrance doors.  Materials used within the Entrance area shall water resistant.  Incoming Electrical services are to be located at high level, (already provided)  Any existing low level electrical sockets and switched spurs shall be raised to a level above the anticipated flood level.  Where gas meters are to be installed, these shall be proposed at high level.  Water supply pipework insulation shall be provided with closed cell resistant materials  Incoming Telecom services shall be provided at high level. (already provided)

The Police have indicated that where required by either the Planning Authority or Environment Agency emergency evacuation plans will be provided within the management plan of the premises in order that adequate flood warnings and evacuation plans are maintained. Until the delivery of the flood defence works for Seven Brethren this is recommended. An advisory note has been applied.

Highways

Paragraph 10.67 of the Local Plan recognises that the existing 'configuration of car parking, dropping off and picking up points for buses, coaches and taxis around Barnstaple railway station as well as vehicular traffic movements in the surrounding area causes conflict between users'. These existing problems should not be exacerbated by this proposed use which has the potential to greatly increase the level of traffic movements over and above the existing use as a sales and distribution centre for car parts.

Policy DMO5 of the NDTLP states that all development should ensure safe and well- designed vehicular access, adequate parking and protect and enhance any public rights of way, footways and other connections. In respect of pedestrian access, the building is only a short walk from the Town Centre and from public transport points.

The impact on the highway network is likely to be neutral given the existing use and the fact that this is a relocation of a facility from 0.7 miles away. The Highway Authority raise no issues of concern.

14 car parking spaces are shown. Given the proximity of both the short and long stay car parks, there is adequate space for vehicles visiting the police station and for staff to park clear of the highway. The roads around the site have double yellow lines so any

Page 71 Agenda Item 9

parking on the highway would be the subject of enforcement. In that the Police deal with highway safety as one of their roles it is considered that they would reasonably manage their staff so that their usage did not result in an issue.

The lack of on-site car parking means that this site is not sustainable in the long term for the permanent relocation of the police station and hence a temporary permission is recommended so that the impact on traffic flows and car parking can be reassessed.

Conclusion

The Police require alternative suitable premises and whilst a Town Centre location would be preferable an alternative site cannot be identified within the time period required. As this is sequentially the next available location and as there is good pedestrian access to the Town Centre and adequate access to car parking, the public access part of the police function could reasonably be delivered from this locality. The application is considered to accord with the adopted development plan. Approval of the application is therefore recommended subject to the imposition of planning conditions.

HUMAN RIGHTS ACT 1998

The provisions of the Human Rights Act and principles contained in the Convention on Human Rights have been taken into account in reaching the recommendation contained in this report. The articles/protocols identified below were considered of particular relevance:

Article 8 – Right to Respect for Private and Family Life THE FIRST PROTOCOL – Article 1: Protection of Property

Recommendation Approve with the following conditions Legal Agreement Required:- No

1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason : The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the Design and Access Statement (which includes the Flood Risk Assessment) and the following approved plans: 084.001-005 Location and received on the 17/04/20, 087.001-003A Floor and received on the 26/05/20, 087.001-004A Elevation-Section and received on the 26/05/20, 087.001-005 Floor-Elevation Ancillary Facilities and received on the 17/04/20 ('the approved plans').

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Reason: To ensure the development is carried out in accordance with the approved plans in the interests of proper planning.

3. The use hereby permitted and the siting of the custody suite shall be discontinued and the site restored to its former condition on or before 30th June 2025.

Reason: To enable the Local Planning Authority to maintain control of development which is required for a temporary period to allow an essential public service to continue to operate in the Town and to safeguard the functioning of the highway network on a site with limited car parking in an area where adjacent car parking may be developed in line with BA13 and DM06 of the North Devon and Torridge Local Plan.

Informatives 1. Flood Resilience

In view of the potential flood risks in this locality, the use of flood resilient construction practices and materials in the design and build phase is recommended. Choice of materials and simple design modifications can make the development more resistant to flooding in the first place, or limit the damage and reduce rehabilitation time in the event of future inundation. Detailed information on flood proofing and mitigation can be found by referring to the CLG free publication 'Improving the Flood Performance of New Buildings'. Please see the link below: http://www.planningportal.gov.uk/uploads/br/flood_performance.pdf

It would also be advisable for the applicant to prepare a flood plan which outlines how the Police will respond to a flood. Further advice on this can be found in the following link:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/2 92937/LIT_5284_ab06c2.pdf

It is recommended that the applicant registers with the Environment Agency’s flood warning service at: https://www.gov.uk/sign-up-for-flood-warnings

2. Advisory Note: Asbestos

The existing buildings on the site appear to be of an age where asbestos containing materials (ACMs) may have been used in their construction or subsequent modification. Buildings constructed after 1990 are much less likely to incorporate ACMs than those built prior to this date. If ACMs may be present, a survey should be undertaken by a competent person prior to works commencing. Where ACMs are present they must be dealt with and where relevant be disposed of in accordance with asbestos regulations and health and

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safety guidance.

3. Statement of Engagement In accordance with paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way and has imposed planning conditions to enable the grant of planning permission. This has included considering the impact of the use on the Town Centre and car parking demands.

Inserts

1. Location Plan 2. List of Representations

Page 74 Agenda Item 9 Appendix A

Copy Supplied to Accompant Planning 71459 - Unit 1B, Seven Brethren Bank, Barnstaple Committee Report

Lynton House, Commercial Road, Page 75 Scale: 1:2500 Barnstaple, EX31 1EA Date: June 2020 © Copyright and database right 2017 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. This page is intentionally left blank Agenda Item 9 Appendix B Neighbour Representation List for Application 71459

1 COMMENT

Suzanne Tucker 22 Burrows Park, Braunton EX33 1EU Date Received

29- April-20

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