EEC/08/53/HQ Development Control Committee 12 March 2008

Report of Committee Site Visit County Council Development: East District: Construction of Cycle/Walkway as Part of the National Cycle Network No. 2 between Bowling Green Road in Topsham and Green Lane, Exton. Includes the Construction of a Bridge over the River Clyst and Smaller Bridge Located Adjacent to Hampstead Lane, and Modification to Bund in RSPB Goosemoor Nature Reserve, at Bowling Green Road, Topsham/RSPB Goosemoor Nature Reserve/River Clyst/to Green Lane, Exton Application No: DCC/2575/2007 Date Application received by County Council - 7 November 2007

Report of the Director of Environment, Economy and Culture

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

Recommendation: It is recommended that Members note the contents of this Report in their determination of this planning application, and also have regard to the recommendation in Report EEC/08/10/HQ (Appendix I to this Report).

1. Summary

1.1 This report relates to the Members' Site Visit and Meeting held on Wednesday 13 February 2008 in respect of the planning application for a cycle/walkway between Topsham and Exton forming part of the Exe Estuary National Cycle Network (NCN2).

2. Background

2.1 At its Meeting on 23 January, the Committee considered report EEC/08/10/HQ and resolved to defer determination of this application to enable a Members’ Site Visit to be undertaken to consider the particular concerns raised by the residents of Exton, the RSPB, and by Mr Dart (concerning the impact of the development upon the village of Topsham).

2.2 The Site Visit and Meeting were duly carried out on the morning of Wednesday, 13 February 2008 by Councillors Cox (Chairman); Button (Vice Chairman); Clatworthy; Giles; Hoskins; Nicholson; Tucker; and Wragg. Representatives of the County Council's Environment, Economy and Culture Directorate, City Council, Woodbury Parish Council and a number of local residents from Exton and Topsham attended the Meeting. The local Member for Exton, Councillor B. Hughes was also in attendance.

3. The Site Visit

3.1 During the site visit the key issues examined by the Committee Members were:

- to consider the impacts of the proposed cycle/walkway upon Goosemoor Nature Reserve and the River Clyst; and

- to examine the safety issues of access onto the proposed cycle way at Exton (along Green Lane, Exton Lane and the private track) leading towards the South West Pumping Station) and at Topsham at the access from Bowling Green Lane.

A significant part of the site visit centred on discussions about the alternative route options in Exton – these being: - via Riverfront Road (referred to as Option A in the Executive Report numbered EC/07/272/HQ Sept 2007) and along the west side of the railway track in the Estuary (referred to as Option C). (The Green Lane, Exton Lane route is Option B in this report).

3.2 The Members first visited Goosemoor Nature Reserve in Topsham. A guided walk by RSPB ranger, Malcolm Davies, enabled Members to see around the site as far as the River Clyst. After that the visit then continued to Exton where the group walked from Exton Station part-way along River Front. The visit then continued along Station Road, Exton Lane, Green Lane and to the South West Pumping Station along the private track. The Site Meeting was held on the track leading down to the Pumping Station. This was followed by a return visit to Bowling Green Lane in Topsham to meet local residents and a representative of Exeter City Council.

4. The Site Meeting

4.1 At the site meeting in Exton the Chairman , in welcoming everyone, explained the purpose of the meeting. County Councillors and Officers introduced themselves. It was reported that there were no updates on the application following the Committee Meeting held on 23 of January 2008.

4.2 During the site meetings at both Topsham and Exton, the Chairman identified that access onto the cycle/walk way is a material consideration for the application but the choice of routes through both settlements, (beyond the application site), were matters that had been considered by the Executive, and highway safety issues would be addressed through Highways and Traffic Orders Committees for the area.

4.3 Paul Ewings, (representing as applicant) briefly explained the background to the project, stating that the application is for the last section of cycleway between Exeter and forming part of the Exe Estuary Cycle Network. He said that the section between Exmouth and is now complete and in use. He mentioned that, due to the site's location within a Special Protection Area, a formal process required by European Legislation referred to as the ‘Appropriate Assessment’ had been carried out requiring the submission of a report (produced by Mr Goss-Custard) to discuss the impact of the cycle/walkway on estuarine birds. Based on information provided in this report it was identified that the cycle/walkway is unlikely to adversely affect the integrity of the Exe Estuary SPA and the Ramsar Site.

4.4 Mr Ewings also explained that counts have shown that there are currently 220-290 vehicles per day travelling along Green Lane and Exton Lane, which is a small number when compared with 17,700 travelling along the A376 per day. He explained that there are currently no modelling methods to estimate future numbers of walkers and cyclists on the route. He however did talk about comparable routes, stating the number of cyclists that travel along the Riverside Cycle Route at Salmon Pool in Exeter is 800 per day at peak times, rapidly reducing to 300 a day towards Countess Wear along Exeter Road towards Topsham this drops to 100-180. On the Tarka Trail in , figures show that numbers similarly drop dramatically the further away from the built up areas you go.

4.5 Councillor Bernard Hughes (Local Member for Exmouth, Halsdon and Woodbury) stated that the route through the centre of the village, approved by the Executive, would be a permanent route through the village. He explained that 90% of people in the village still want a route that runs outside the railway line (within the estuary) Option C. He said that commitment is needed by Natural England and the Environment Agency at the highest level to consider route Option C. He explained that the current proposal would have a huge impact upon the riverside community. The predicted number of cyclists would result in conflicts for users and suggested the need to compulsory purchase sections of Exton Lane to widen the road to make it safe. In terms of environmental impact of an Estuary side route Councillor Hughes said that the birds are not affected by the trains at present and that for example, reed beds could be planted between the birds and the cyclists to help prevent interference with habitats. He talked about the benefits of this type of route for ‘Green Tourism’ as it would create a 300 metres stretch adjacent to the estuary. Councillor Hughes observed that there would be impacts upon the privacy of residents from possible usage of the River Front Route (Option A).

4.6 Councillor Andrew Leadbetter (the Local Member for St. Loyes and Topsham) was invited but not present at the Site Meeting.

4.7 The following consultees were also invited to the site meeting but were unable or chose not to attend the meeting, or sent their apologies: - District Council; Parish Council, Environment Agency, Natural England; Network Rail.

4.8 Councillor Giles requested that Network Rail be invited to the Committee Meeting on 12 March in order to explain the proposed track-side safety fencing.

4.9 Councillor Reg Brown (Woodbury Parish Council) agreed with Cllr Hughes and supported the idea to pursue an option for an estuary side route to link to the off road route at Exton Station.

4.10 Councillor Julian Limb (Woodbury Parish Council) contended that the route along Green Lane and Exton Lane is not a long term option. He said the fact that this route is intended to be two way for walkers, cyclists and cars was absent in discussions. He feels the cycle trail will be a huge attraction and that the volume of users will not drop as previously contended. If the Committee is minded to approve the application he would recommend that a temporary permission is imposed for the access along Green Lane.

4.11 Mr Pillow (Resident of Exmouth Road) – thanked the Committee for coming to visit the site. He explained he lived in Exmouth Road so was not visually affected by the proposal but raised concerns about safety of the new cycleway. He pointed out that there are 60 – 70 dwellings, with 30-40 concealed driveways in Green Lane and Exton Lane. He said that there are opportunities for cyclists to freewheel along the route at their peril. He identified that there has already been an incident where a driver pulled out in front of another motorist along this route. He explained he has received supporting comments from Lympstone residents who are also concerned about safety issues with the new cycleway in that village. He explained that figures on the Camel trail indicate over 400,000 users per year. He would expect with the large centres of population at either end of the Exe cycle trail that a similar number of users should be expected for this route. The cycleway proposal is currently dividing the village of Exton and the application has no regard for the safety of humans and the ratepayers but instead focuses disproportionately on the concerns of birds.

4.12 Mr Sharples (representing GAG, the action group for the residents of Green Lane, Exton Lane and Station Road) thanked the Committee Members for taking the opportunity to visit the site. He supported the comments made by Councillor Hughes and added that he had very serious concerns about the safety of users along Green & Exton Lane.

4.13 Mr S. West (Resident of Green Lane) declared his interests as the owner of Norwood, which is one of the only two properties that are affected by all three routes. He said that he favoured route C from early consultations and that everyone should support this as it is the best route for: - the village; cyclists, tourists and the estuary environment. He supported the views of Councillor Hughes and the vice chairman of the Parish Council for Route C and has made his views known to the County Environment Director. He expressed the view that the privacy, security and enjoyment of the entire village should be balanced against the impact upon the birdlife in the estuary and would encourage a further meeting with English Nature to discuss this option. He then explained the Dutch approach to living with wildlife, which he identified is different to the UK despite working under similar European legislation. He used the example of sign located next to nesting birds which state "Silence - Nesting Birds". Mr West said if route C is not an option he would support route option B as long as it could be ensured that this is a safe route.

4.14 Mr Ewings confirmed that the response to the various options to travel through Exton by Natural England had been made at the highest level.

4.15 Stewart Redding advised the meeting that the County Planning Authority had received a letter from Mr Dashwood , (following the committee meeting on 23 January) a part owner of the private lane between the exit of the area of land owned by South West Water and Green Lane. He confirmed that Mr Dashwood support the current planning application and approach from Green lane. The letter raised concerns that if River Front is used, it would totally restrict access to the river for many residents.

4.16 The Chairman explained again that it was beyond the powers of the present Committee to comment on or consider the alternative options through Exton but instead to assess the safety of the Green Lane/Exton Lane access route onto the proposed cycle/walkway.

4.17 Mr Hancock , (Resident of Green Lane), stated that although he was sympathetic to the concerns of Green Lane residents he felt that a route along River Front Road was the wrong approach. He stated that a 1.8 metre fence that would be required between the properties and the rail track would destroy the appearance of the area. He explained on a Sunday up to 40 walkers use this route and this would destroy their experience if the fencing is erected. He stated the River Front route is narrow and that all the properties would be directly affected.

4.18 Mike Shepherd (Chairman of the River Front Group) sought clarification on the following points:

(a) Were there any new issues raised in light of the issue raised in the report commissioned by GAG from Peter Brett Associates on the road safety aspects of the use of Exton Lane/Green Lane? (b) Has road widening been considered? (c) Has introducing one way traffic been considered for vehicles?

4.19 Mr. Ewings, in response to the points raised, stated that:

(a) the Peter Brett Report did not raise any new issues; (b) road widening has been considered but it was felt this would destroy the rural feel of the road and in fact would not achieve much as there is good visibility along the route; and (c) restricting the route to one – way had not been considered but this could be investigated as an option.

4.20 Mr Couch (Resident of River Front) - stated that many of the points he had planned to mention had already been raised. He drew attention to the similarity of the situation in Lympstone where there is a difficult T-junction in Burgmans Hill to navigate yet the traffic keeps moving and users adapt their behaviour so that it is safe.

4.21 Mr. D. Gardner (Resident of River Front) - addressed the Committee generally supporting the proposals as submitted.

4.22 Mr. M. Jennings (Resident of Western Fields, Ebford) whilst not affected by the issues in Exton supported the view Councillor Hughes made about route C. Mr Jennings was more concerned about the section of the route that runs adjacent to his land which is found on the Exton side of the bridge that crosses the River Clyst. He is concerned about changes to landscape proposals made along his boundary which have reduced in height from 2 metre to 1.5 metres high, and the negative effect this will have upon his privacy. He observed that the bridge over the River Clyst would cost £1.8million to build and questioned why the existing rail bridge could not be adapted to accommodate the new cycle/walk way. He complained that the new bridge has been designed with birds in mind rather than the privacy of his property. He mentioned that he would like to see the height of the parapet increased to 2 metres to again help prevent users overlooking into his property.

4.23 Mr Dart , (representing Darts Farm and the interests of those living in Topsham) asked why the Topsham Community Association is not aware of the current application for the cycle/walkway. They had been involved in previous consultation carried out by the applicant but not as part of this planning process. He explained that there are similar issues to Exton for the residents of Topsham. He believes the number of cyclists that will use the route has been downplayed and explained he is particularly concerned about the residents along Monmouth Street and how the additional cyclists and walkers can be safely accommodated on this street and the impact that this will have upon residents. He requested the long term needs of the residents are considered instead of short term solution to build a route. Mr Dart also asked where trail users are going to park.

4.24 The Chairman then allowed Mr John Goss - Custard to speak (at his request) Mr Goss-Custard had three years ago produced a report for the applicant which provided advice on the construction of a cycleway (including a look at the different options through Exton) and consistency with European legislation for the SPA (Special Protection Area) and SSSI (Site of Special Scientific Interest). He explained that at this time the report identified risk for birds from Option C (which is located directly alongside the Estuary). He suggested that a scientific paper had been published since the production of his earlier report which now concludes that an increase in disturbance of birds might be permissible. Mr Goss-Custard said that if a cycle track is properly designed to prevent people walking out onto the marsh and the chance to disturb wintering birds in particular it could meet the tests of the ‘Appropriate Assessment’.

4.25 The Committee then returned to Bowling Green Lane at Topsham at the request of Mr Dart who advised that the Topsham Community Association and local residents had been informed that the committee would be there, with a representative of Exeter City Council.

4.26 Mr. Ewings explained that beyond the application site it is proposed that two routes for cyclists would be signposted – one a ‘commuter’ route along Elm Grove Road, Station Road and then Topsham High Street and another, slower, tourist route for those wanting to visit Topsham along Monmouth street and Monmouth Hill into the centre of the village.

4.27 Two local residents expressed their concerns about cyclist travelling through the village and up the hill along Elm Grove Road.

4.28 The Chairman mentioned again that it was not for the Committee to consider routes beyond the planning application as this was beyond the decision making function of the committee.

5. Comments/Conclusions

5.1 Following the conclusion of the site meeting and visit, Members decided not to make a recommendation on the application, but that it be debated further at the next meeting of the Committee.

5.2 In coming to a decision on this application, Members are recommended to have regard to this report, and to the contents and recommendations on the previous Report EEC/08/10/HQ. [Attached as Appendix I]

Edward Chorlton

Electoral Division: & , Exmouth Halsdon & Woodbury, St Loyes & Topsham

Local Government Act 1972

List of Background Papers

Contact for enquiries: Stewart Redding

Room No: ABG Lucombe House

Tel No: (01392) 383233

Background Paper Date File Ref.

Application File 2007/2008 DCC/2575/2007

hs200208dca sc/green lane exton site visit 4 hq 050308

Appendix I To EEC/08/53/HQ

EEC/08/10/HQ

Development Control Committee 23 January 2008

County Council Development: East Devon District and Exeter City: Construction of Cycle/Walkway as part of the Exe Estuary National Cycle Network No. 2 between Bowling Green Road in Topsham and Green Lane, Exton including the construction of a bridge over the River Clyst and smaller Bridge located adjacent to Hampstead Lane, and modification to bund in RSPB Goosemoor Nature Reserve, at Bowling Green Road, Topsham Application No: DCC/2575/2007 Date Application received by County Council - 7 November 2007

Report of the Director of Environment, Economy and Culture

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

Recommendation: It is recommended that subject to the Committee endorsing the conclusions of the Appropriate Assessment of the anticipated effects of the proposed scheme on the Exe Estuary Special Protection Area and Ramsar Site, the County Solicitor be authorised, pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, to grant planning permission subject to conditions, including standard commencement, construction in accordance with plans, Scheme of Works adjacent to Network Rail land, ecological mitigation and monitoring measures; no lighting; landscape mitigation measures; details of the proposed bridges; details of signage along the route, scheme of archaeological investigation; tree protection measures, agree and implement landscaping; and construction method statement (setting out ecological, landscape measures including measures to prevent pollution to watercourses).

1. Summary

1.1 This report relates to a planning application for a cycle/walkway between Topsham and Exton forming part of the Exe Estuary National Cycle Network (NCN2). The application is accompanied by an Environmental Statement as required by Town and Country Planning (Environmental Impact Assessment (England and Wales) Regulations) 1999.

1.2 It is considered that the main issues in the determination of this proposal relate to its potential impacts on local biodiversity, landscape, the impacts upon the amenities of nearby residents, (including highway safety), and the overall sustainability considerations.

4. The Proposal/Background

2.1 The proposed cycle/walkway is located between the villages of Topsham and Exton, which are situated along the eastern side of the Exe Estuary corridor. The route would form part of the Exe Estuary cycle walkway and the National Cycle Network Route 2.

2.2 This section would provide a track-side, off-road link to form part of the cycle/walkway between Exeter and Exmouth. Planning permission has already been granted for the sections linking Exmouth and Lympstone (Application No. 07/008233/2006, Report EEC/06/24/HQ) (now under construction) and Lympstone and Exton (Application No. 07/0810/DC, Report EEC/07/123/HQ), an amendment to which is the subject of a separate report to this Committee.

2.3 The proposed section of cycle/walkway would run between Bowling Green Lane in Topsham and Green Lane in Exton for a distance of 1,410 metres in total. At Bowling Green Lane the route would pass under the railway bridge into Goosemoor Nature Reserve. Here it would run alongside an existing bund for approximately 100 metres (found below the bend of the River Clyst). An informal recreation area with seating and benches would be created between the route and the rail track. The path would then run parallel to the rail track with a new weir controlled wetland habitat situated between the two. An existing bund and proposed bird screening would separate the track from the nature reserve found on its northern side. Two bird viewing facilities would be created at the east and west ends of the Nature Reserve, both with access ramps.

2.4 The track would then rise to cross over the River Clyst along a new bridge, 130 metres in length, which would run parallel to the existing rail track on the upstream side. The bridge would be 3 metres wide, and the parapet would be 130 metres in height. The parapet would be a steel construction with additional screens provided on the non estuary side.

2.5 Once over the River Clyst, the cycle/walkway would run parallel to the rail track on its eastern side, near the toe of the rail embankment, until it reaches Hampstead Lane. Here a single span bridge would be constructed running parallel to the train track on its eastern side. It is proposed that the bridge would have a parapet of 1.4 metres and would be a steel parapet construction. The route would then continue to run on the land side of the track but at a higher level on a reinforced earth bund. A 1.4 metre high wooden post and rail fence would from a boundary to the raised path.

2.6 When the track reaches the northern end of the village of Exton, it is proposed that it would run inland at the site of a South West Water pumping station along an existing access to this facility. The path would continue along a private track to meet the public highway at Green Lane. Local evergreen and thorny species would be planted for a 5 metre wide area behind the existing post and rail fence that bounds the pumping station access track, and a new post and wire stock proof fence would be erected at the back of this landscaping. The existing timber access gate would be removed and a new timber wicket gate for pedestrian and access is proposed on the private road that currently leads to the railway track and adjacent properties. The cycle track would then continue along the existing public highways Green Lane and Exton Lane towards Exton station.

2.7 Alongside the railway track along the entire length of this route 1.8 metre high, 50mm x 50 mm Welded Mesh security fencing would be put in place. The fencing would have posts of 3m maximum spacing. For the majority of the length of the route, the track would be 3 metres wide, and the finish would be surface dressed with fine grey chippings in a similar finish to the recently completed section opened between Exmouth and Lympstone.

2.8 The proposed cycle/walkway is located alongside (in sections) and within a European designated RAMSAR site (which relates to conservation & sustainable wetlands), nationally important nature conservation designations: SSSI (Sites of Special Scientific Interest); and an SPA (Special Protection Area). It also travels through the Goosemoor RSPB Nature Reserve, and the section in Bowling Green Lane links to the boundary of the Topsham Conservation Area.

2.9 In relation to Local Plan policy designations the track is situated alongside an area identified as a Green Wedge in the East Devon Local Plan (which runs alongside the Estuary from Lympstone through Exton and up towards Clyst St Mary), and an area of Open space as indicated within the Exeter Local Plan (which covers the area within the Nature Reserve).

3. Consultations

3.1 East Devon District Council – supports the proposal, and has no in principle objections. However, it makes the following comments: due to the sensitive environmental and ecological location would recommend that any approval granted should be subject to appropriate conditions to ensure the satisfactory long term management of the Estuary.

The Council recognises the positive benefits the proposal would provide in terms of promoting sustainable alternative means of transport (and commuting by local residents), and by providing a tourist facility that would allow public access to, and enjoyment of the Estuary. The landscape impact is considered to be minimal, but would recommend that the detailed drawings, colour/finish specification of the bridges at Hampstead Lane and over the River Clyst are submitted for approval.

3.2 Exeter City Council – Response awaited (consulted November 2007).

3.3 Woodbury Parish Council - Recommends approval, but raises concerns about the lack of parking provision in Exton Village, and emergency access along the route.

3.4 Clyst St. George Parsih Council - Supports the application, and would encourage that the route can be accessed from Ebford and Clyst St George.

3.5 Environment Agency – No objections to the proposal – would recommend that a material suitable to the area is used to create the platform for the cycle/walkway.

3.6 Natural England – Does not consider that the proposed cycle/walkway will have any adverse effect on designated sites as long as the mitigation identified in the Appropriate Assessment and Ecological Impact Statement is implemented.

Natural England supports the agreement with the RSPB, and recognises the contribution this makes to the protection and enhancement of the designated sites.

3.7 Network Rail – Raises no objection to the development, but makes the following comments: recommends the use of 1.8 metre security fencing; requires details of the new bridge over Hampstead Lane to ensure the safety and stability of the existing bridge and the section where the path turns towards Green Lane; recommends the use of a soakaway within 10 metre of Network Rail boundary to reduce the risk of increase water flows on the track; no excavations shall be carried out near railway embankments, retaining walls or bridges; all trees planted shall be located at a distance not less than their mature height from the boundary fence; all scaffold or plant shall be located and used so as not to oversail or fall onto Network Rail Land.

3.8 Royal Society for the Protection of Birds (RSPB) – Response awaited (consulted November 2007).

4. Advertisement/Representations

4.1 This application has been advertised in accordance with the statutory publicity requirements and as a result of these procedures, at the time of writing this report, 166 letters/emails of representation have been received. Copies of all letters of representation received will be displayed at the meeting.

4.2 116 representations were in support of the planning application and the remaining 55 objected to it.

Objections

4.3 Of the 55 objections, 52 expressed concerns regarding safety of the likely route of the cycle/walkway through the village of Exton, which is outside the planning application area and 6 expressed concerns regarding the details of the planning application itself.

Design details

4.4 A landowner along the proposed route expressed concern that the 1.8m weld-mesh fence is not in keeping with the surrounding area and its length would create a prison-like appearance.

4.5 There were two requests that the screening be increased in height where the cycleway crosses the River Clyst to reduce visual and noise impact, and to protect privacy and security for nearby property owners. Furthermore, there was one request to increase height and type of screening between the cycleway and adjacent fields to reduce distraction this would cause horse training on this land.

4.6 Opposition is also expressed to the extra bridge which is regarded as urbanising the environment.

Safety

4.7 A majority of the objections regarding the area immediately outside the planning application site related to safety. In particular concern regarding the anticipated increase in the volume of traffic using Exton Lane and Green Lane which is perceived as narrow and steep, with poor visibility for vehicles using private driveways that adjoin these roads. Doubts were expressed that hedge trimming, the construction of raised tables and new signage as recommended outside this application would offer a real safety improvement. There was significant concern towards the anticipated conflict between increased numbers of users of Green Lane and Exton Lane, in particular elderly people and children using this key route linking community facilities through the village. A number of respondents also sought reassurance that Road Safety Officer’s initial concerns regarding the route along Exton Lane and Green Lane have been satisfactorily mitigated. Request for 20mph limit on Exton Lane and Green Lane.

4.8 One respondent expressed concern for cumulative traffic and parking problems outside the planning application area as a result of visitors travelling to key access points on the route, specifically Topsham and Exton. Another expressed concern over conflict between anticipated high volumes of pedestrians and cyclists using the actual cycleway itself.

Alternative options

4.9 A number of respondents also expressed concern over the scheme’s coherence with other sections of the route and the ‘gap’ in the cycle way created by this section by routing away from the coast and through Exton.

4.10 Other objections centred on preference for other Options considered by the applicant at an earlier stage that have since been the subject of reports to Executive (25 September 2007, Report ECC/07/272/HQ). The view is expressed that Devon County Council has failed to weigh properly the objections of Exton residents and failed to consider properly guidance from own specialist advisers and turned back on highways safety standards.

4.11 Some respondents questioned if this route had been selected as it might have been the cheapest to implement of all the options considered.

Environmental Impact

4.12 One respondent expressed concern over the impact of the proposed pathway on badgers and foxes inhabiting the railway embankment, and for birds becoming entangled in the fencing. The same respondent reported flooding of the area inland of the railway line by run off from the adjacent fields.

Landowners

4.13 Two landowners adjacent to the proposed cycleway have objected on the grounds that they are not willing to allow the cycleway to cross their land.

Process

4.14 A number of respondents made comments that they felt they had not been kept properly informed of the process and justification for decisions taken by the applicant. Furthermore a number suspected mistakes had been made or alluded to impropriety in the decision making process that lead up to this planning application.

Support

4.15 Comments from the letters of support for the planning application are summarised below:

Sustainability Considerations

4.16 • Improved safety for cyclists and pedestrians between Exeter and Exmouth through provision of this alternative route to the A376. • Reduces congestion by removing traffic from the existing route. • Represents holistic transport planning and supports green and sustainable future. • Offers health and amenity value and improvements to leisure activities and commuting patterns. • Contributes to reducing carbon emissions by getting people out of their cars. • Contributes to Exeter as a cycling city. • Contributes to the local economy by attracting visitors seeking this sort of facility. • Forms an essential part of the larger Exe Estuary route.

More favourable than alternative options

4.17 • This route offers least disturbance to the waterfront foreshore. • It avoids passing through private gardens on the waterfront route. • It avoids an unsightly fence along the riverfront if this option had been chosen.

Health, leisure and social benefits

4.18 • Mitigation measures and new facilities in the RSPB Goosemoor nature reserve will be open to passers by. • Creating new access for members of the public to areas of outstanding natural beauty. • Makes the estuary accessible to everyone and not just a privileged few. • Creates access for mobility impaired people. • Good for families and children (especially those with learning disabilities) to use as offers a safer option to the roads. • Relieves the stress of close proximity streets. • Will serve the local community as well as visitors.

Environmental Considerations

4.19 • The proposals are sensitively framed and take appropriate account of the landscape. • This route protects the SSSI designated foreshore.

Considerations outside the planning application area

4.20 • This option appears cost effective as it uses the existing highway where necessary. • Route will help ameliorate traffic impact of house building at Countess Wear.

5. Planning Policy Considerations

5.1 In determining this application the County Planning Authority is required to have regard to the provisions of the Development Plan. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations, which can include emerging policies, indicate otherwise In this case the relevant Development Plan policies are summarised in Appendix I to this Report, and the most relevant are referred to in more detail in Section 6 (Comments/Issues).

6. Comments/Issues

6.1 The benefits of the proposal to provide a cycle/walkway to promote the use of sustainable forms of transport for local residents and visitor s that would form part of a strategic cycle route ‘National Cycle Network Route 2’ running through the county, are identified in Structure Plan Policy TR17 and the Devon County Local Transport Plan. However, these must be weighed against the potential impacts of the proposal upon the local biodiversity, landscape, archaeology, the impacts upon living conditions of nearby residents, (particularly in terms of highway safety), and the overall sustainability consideration.

6.2 The route will form part of the Strategic Transport Network for Devon and National Cycle Network Route Route 2 which runs between and Dorset, so would support Devon County Structure Plan Policy TR17 (Strategic Network Investment Proposals).

Highway Considerations

6.3 The proposed section of cycle/walkway would also form part of the Exe Estuary cycle route to provide an attractive car free route helping to increase safety for pedestrians, and cyclists that currently travel along the local highway network.

6.4 The cycle/walkway could help meet a number of objectives of the Devon Local Transport Plan 2006-2011, in particular, the objectives to help ‘Tackle Traffic Congestion’ & ‘Improve Air Quality’ (by promoting a sustainable, less polluting alternative for commuters); ‘Improve Recreation Leisure and Tourism', and to ‘Promote Health and Well-being’. The Exe Estuary cycle route is included in the Devon Local Transport Plan 2006-2011.

Nature Conservation Interests

6.5 The proposed path is located within and around the Exe Estuary, one of the most heavily designated and sensitive nature conservation sites in Devon. It is recognised as a wetland of international importance under the Ramsar Convention, and it is classified as a SPA for the internationally significant numbers of migratory and over- wintering birds (especially waders and wildfowl) that it supports. There are a variety of other nationally significant wildlife (and geological) interests covered by its status as a SSSI. In addition, the application site includes a nature reserve which supports a range of legally protected species. This application must therefore be shown to be consistent with the legal requirements (and associated policy considerations) of the Habitats Regulations 1994 and the Wildlife and Countryside Act 1981 (as amended by the Countryside and Rights of Way Act 2000).

6.6 Natural England identified the potential for the proposed cycle/walkway to impact upon the designation of the Exe Estuary as a Special Protection Area. As a consequence, a formal process, referred to as an ‘Appropriate Assessment’, has required the submission of a report (prepared by J D Goss-Custard) for the entire Exe Estuary Route which in particular discusses the impact of the cycle/walkway on estuarine birds. This report has been submitted as part of the planning application along with an Ecological Impact Assessment. It undertakes a comprehensive assessment of all other nature conservation considerations. In particular this looks at the potential impacts upon the Site of Special Scientific Interest (SSSI), protected and notable species, and more general habitat issues. This is accompanied by an Ecological Mitigation and Monitoring Report.

6.7 The Environmental Statement submitted as part of the planning application assesses the impact upon ecology and nature conservation and considers, in particular, impacts upon: birds, habitats, protected species such as dormice, bats otters and badgers, as well as reptiles and invertebrates. The Statement puts forward mitigation and monitoring measures, guidelines for construction and pre-construction requirements as well as habitat compensation and enhancement. The Statement concludes that the construction of the cycle/walkway between Exton and Topsham is considered to result in: small scale habitat loss, potential disturbance to otters, breeding and wintering birds and invertebrates; impacts on bird breeding habitats, as well as winter foraging habitat, including Brent Goose, Black tailed godwit and Dunlin foraging habitat; otter laying–up habitat, badger foraging habitat, reptile and invertebrate habitat. The Statement also concludes that the operational impacts will cause low level potential disturbance to otter, breeding birds through cycleway use and maintenance works, and the potential for minor disturbance to wintering and breeding birds through cycleway use and maintenance. The report sets out a number of mitigation and monitoring measures, as well as enhancement and compensation works proposed in light of the impacts mentioned above.

6.8 Based on the information provided through the EIA in relation to the necessary ‘Appropriate Assessment’ of the proposal, it can be concluded that the development and future use of the cycle/walkway is not likely to adversely effect the integrity of the Exe Estuary SPA and Ramsar site. This is subject to the recommended mitigation measures, most of which are already incorporated through the design for the scheme. Other aspects of the proposed mitigation in the Environmental Statement may need to be refined in light of the comments received by consultees and this would be covered by relevant planning conditions. In order to ensure that there is no adverse effect upon the SPA and Ramsar site, is further recommended that monitoring of over wintering wetland birds should be undertaken during the construction and post construction phases.

6.9 The Ecological Impact Assessment does not anticipate any significant risk of disturbance or harm to any European Protected Species such as otters, bats or dormice, but it recommends that additional checks should be made prior to or during construction. The anticipated impacts for the Exton to Topsham cycleway reflect those set out in the Environmental Statement as mentioned above. Recommended mitigation measures are as follows – where ever possible mature broad leaved trees would be avoided by the cycle/walkway construction, the timing of the construction works, notification of the pruning of trees to ensure minimal impact to roosting bats; scrub clearance/trimming should take place outside the bird breeding season during the month of September.

6.10 In light of the conclusions of the two above assessments, Mitigation & Monitoring Report and the Environmental Statement and the advice from Natural England and the County Ecologist, which support the credibility of these reports, it is considered that the impacts of the proposed cycle/walkway would not have an adverse effect on the designated sites as long as the mitigation measures identified in these reports are followed. This is consistent with European legislation on protected species, Habitats Regulations 1994 and the Wildlife and Countryside Act 1981 Protected Species and accords with Structure Plan Policies CO9 (Biodiversity and Earth Science and CO10 (Protection of Nature Conservation Sites and Species). To ensure this, any grant of permission for the route should include appropriate conditions to secure the mitigation measures, guidelines for construction, and recommendations for monitoring set out in the above statements, reports and assessments.

Landscape

6.11 A landscape and visual assessment has been undertaken as part of the Environmental Statement (ES) that accompanies the application. This indicates that the cycle/walkway falls within the Exeter and Estuary Fringe Landscape Character Zone. Although not referred to in the ES Structure Plan Policy CO1 (Landscape Character & Local Distinctiveness) is also relevant, and the development should be sympathetic to the particular qualities of this Landscape Character Zone.

6.12 A number of mitigation measures to avoid adverse impacts on the landscape are put forward in the ES. It is proposed that during the construction phases access restrictions are put in place from Goosemoor to the river Clyst crossing. In order to avoid plant and machinery damaging soil structure, landscape features and trees between Goosemoor and Hampstead Lane, a tree survey should be undertaken and a tree protection plan adopted and abided by during construction works. Between Topsham and Hamsptead Lane, measures should be taken to protect existing vegetation during earthworks. Once the track is constructed, trees should be protected with guards and temporary fencing between Goosemoor and Hampstead land. In the section beyond, this new planting is recommended to create new shrub vegetation. It is proposed that appointed contractors will manage any potential visual intrusion during the construction phase. There are no long distance views towards the site, so mitigation is not proposed .

6.13 It is considered that in terms of visibility the most potentially valuable location is the River Clyst Crossing. It is recognised that the new bridge has been designed to align with the existing railway bridge to minimise its impact, but to ensure that its appearance reflects the quality of the surrounding landscape. In the event of planning permission being granted, it would be necessary to agree the final design of the bridge prior to its construction.

6.14 To prevent the loss of trees that currently align the track side, which form part of the distinct local landscape character, a condition would be necessary to ensure the mitigation measure set out above take place.

6.15 In addition the proposed signs to be put in place along the route would need to be agreed in advance with the County Planning Authority to ensure that the development does not have a negative impact the landscape surrounding the path. It is also considered that in any grant of permission, lighting should be prohibited along any section of the route to prevent negative impacts upon the landscape character, in addition to the local biodiversity.

6.16 It is considered that the mitigation measures set out above would ensure that the proposed cycle/walk way is sympathetic to the qualities of the local landscape character.

Archaeology

6.17 A Conservation Area is located at the Topsham end of the Cycleway and would include the small section which runs under the bridge at Bowling Green Lane. There are no scheduled monuments, listed buildings, historic parks and gardens, battlefields and hedgerows of historic interest either directly affected by the scheme or within the immediate boundary.

6.18 The Environmental Statement identifies some evidence considered to be of archaeological and historic interest along the proposed route but concludes that throughout most of the scheme the impact upon archaeological remains are likely to be minimal with only localised impacts in areas such as the new bridge over the River Clyst and the area south of Hampstead Lane. It is recommended that mitigation can be provided and measures including; allowing archaeological investigation and recording; creation of an archive; assimilation of data into the County's Historic Environment Record (HER); deposition and long term storage of finds and archives and appropriate level of reporting.

6.19 The conclusions of the Environmental Statement are supported, and consequently it is considered that subject to a condition to agree and implement a written scheme of archaeological investigation, the proposed cycleway would comply with Structure Plan Policies CO7 (Historic Settlements & Buildings) and CO8 (Archaeology).

Impact upon the living condition of surrounding residents

6.20 The focus of almost all concerns raised through representations has been about the impacts of the route beyond the area of the planning application under consideration. These would include routes through Exton, along Green Lane, Exton Lane and Station Road (linking to the Exe Estuary cycle route that runs to Exmouth), and for those travelling from and to Topsham and beyond. These on-road cycle routes would not require planning permission but should be subject to standard safety audits and impact assessments conducted by the Highway Authority.

6.21 The Exe Estuary cycle route has been identified in the Devon Local Transport Plan 2006-2011 which has already been subject to public consultation. Relevant on-road sections of, the cycleway have also been considered, and approved by the County Council's Executive at its meetings on 19 April 2005, (Report ED/05/102/HQ), 8 November 2005 (Report ED/05/219/HQ), 25 September 2007 (Report ECC/07/272/HQ).

6.22 Access onto the proposed cycle/walkway routes from Green Lane and at Bowling Green Lane is a material consideration for the application. The majority of objections have been received about the route that runs through Exton along Green Lane and Exton Lane beyond the extent of planning permission under consideration in this report. The September report of the Executive concluded that Option B (the route which travels along Station Road, Green Lane and Exton Lane) is the preferred option and that the safety concerns raised about the route could be overcome through a number of remedial measures to the highway. The safety of the increased number of cyclists and pedestrians along these sections of highway are key considerations. The results of a safety audit in Exton identified these conflicts but set out remedial measures including, trimming back for vegetation to improve visibility, raised tables at junctions and use of signage to ensure safety for users along these roads. It is considered that these measures would successfully overcome any safety issues between users along this stretch of road.

[The two options for routes through Topsham should be subject to a similar safety audit].

6.23 The cycleway would require a 1.8 metre high fenced barrier alongside the train track for the majority of the route, this is primarily for health and safety reasons to avoid trespassers onto the railway line and to minimise disturbance to wildfowl and properties. The County Council is currently in discussion with the Agent and Network Rail about the height and the appearance of the fencing alongside the rail track to ensure that it is designed to harmonise with the appearance of the surrounding landscape.

Access and Parking

6.24 Lack of parking in Exton and recommendations for the route to link in with Ebford and Clyst St George have all been raised through representations. Government Policy on PPG13 and Structure and Local Plan policies, seek to restrict parking in an aim to reduce travel by car. In this case it is not deemed necessary that parking is provided as the proposed route is for use by and to encourage walking and cycling. Links to Ebford and Clyst St George do not form part of this planning application. However, this does not prevent the submission of future planning applications for these links, and it is considered that the current proposal would not prevent this taking place at a later stage.

6.25 Concerns have also been raised about the lack of emergency access along the route. As a cycle/walkway, similar to the majority of pubic rights of way, it is accepted that emergency access will not be viable along the track itself, but that there would be access at both Topsham and Exton.

Network Rail Land

6.26 To ensure the safe operation of the railway line and to prevent injury to those who use the propose cycle/walkway, it is recommended that the requirements set out in the representation made by Network Rail should be included as a planning condition in the event of permission being granted.

Sustainability Considerations

6.27 As set out above, the cycleway would help promote the use of sustainable means of transport for commuters and recreational users, in line with National Planning Policy on Transport (PPG 13) and Structure Plan Policy STI in respect of Sustainable Development. In addition to this it would help promote Green Tourism for visitors as cycling and walking uses have minimal impact upon the environment.

7. Reasons for Recommendation/Alternative Options Considered

7.1 The Committee has the options of approving, deferring or refusing this planning application. It is recommended that the application is approved as it will provide a level, car free cycle and walking route for commuters and recreational users between Exton and Topsham. It would also enable this more sustainable travel at a wider strategic level between Exmouth and Exeter and to and beyond. It is considered that the proposed mitigation and enhancement measures set out in the Environmental Statement would ensure that the cycle/walkway will not harm, and in some cases enhance, the nature conservation, landscape and historic qualities of this site alongside the Exe Estuary.

Edward Chorlton

Electoral Divisions: St Loyes & Topsham, Exmouth Halsdon & Woodbury; Broadclyst & Whimple

Local Government Act 1972

List of background Papers

Contact for enquiries: Malcolm West/Hayley Stokes

Tel No: 01392 38 3243 383133

Background Paper Date File Ref

Committee Reports Lympstone to Exton Cycleway 25 April 2007EEC/07/123/HQ

Executive Committee Reports

Report ED/05/102/HQ 19 April 2005 Report ED/05/219/HQ 8 November 2005 Report ECC/07/272/HQ 25 of September 2007

Appendix I To EEC/08/10/HQ

Relevant Planning Policy Considerations

National Planning Policy Guidance and Statements: Policies PPS1 (Delivering Sustainable Development); PPS7 (Sustainable Development in Rural Areas); PPS9 (Biodiversity and Geological Conservation); PPG13 (Transport); PPG15 (Planning and the Historic Environment); PPG16 (Archaeology and Planning); PPG17 (Sport and Recreation); PPG21 (Tourism); PPS23 (Planning and Pollution Control); PPG24 (Planning and Noise); and PPG25 (Development and Flood Risk ).

Regional Planning Guidance for the South West: RPG10 (September 2001) : Policies VIS1 (Expressing the Vision); VIS2 (Principles for Future Development); VIS3 (Achieving the Vision); SS7 (Meeting Local Needs); SS19 (Rural Areas); SS20 (Rural Land (Including Urban Fringe) Uses); SS21 (Coastal Areas); EN1 (Landscape and Biodiversity); EN3 (Historic Environment); EN5 (Health, Education, Safety and Other Social Infrastructure); EC1 (Economic Development); TCS1 (Tourism); TCS2 (Culture, Leisure and Sport); TRAN1 (Reducing the Need to Travel); TRAN10 (Walking, Cycling and Public Transport); RE1 (Water Resources and Water Quality); and RE2 (Flood Risk).

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

Exeter Local Plan, First Review 1995 - 2011 (2005) : Policies AP1 (Design and Location of Development); T1 (Hierarchy of Modes); T2 (Accessibility Criteria); T3 (Encouraging the Use of Sustainable Modes); T5 (Cycle Route Network); C1 (Conservation Areas); C5 (Archaeology); LS2 (Ramsar/Special Protection Area); LS3 (Site of Special Scientific Interest); LS4 (Local Nature Conservation Designations/RIGs); EN3 (Air & Water Quality); and EN4 (Flood Risk).

Emerging planning policy and other policy documents, which may be regarded as a material consideration include:

East Devon Local Plan, Revised Deposit, 2001-2011 (no plan is formally adopted): Policies: S6 (Green Wedge); D1 (Design and Local Distinctiveness); D2 (Sustainable Construction); D3 (Access for Disabled); D4 (Landscape Requirements); D5 (Trees on Development Sites); D6 (Public Art); EN4 (Nationally Important Sites – including Sites if Special Scientific Interest); EN5 (Protection of Local Nature Reserves, County Wildlife Sites and County Geological Sites); EN6 (Wildlife Habitats and Features); EN7 (Nationally and Locally Important Archaeological Sites); EN8 (Proposals effecting sites which may be of Archaeological Importance); EN11 (Preservation and Enhancement of Conservation Areas); EN17 (Maintenance of Water Quality and Quantity); EN20 (River and Coastal flooding); EN21 (Surface Water Run-Off Implications of New Development); and TA4 (Footpaths, Bridleways and Cycleways).