Application Report Strategic Development & Planning Place Services North Devon Council Lynton House, Commercial Road, Barnstaple, EX31 1DG Application No: 60823 Application Type: Full application Parish/Ward: FREMINGTON / INSTOW Location: Former Yelland Power Station Lower Yelland Yelland Barnstaple Devon EX31 3EZ Proposal: Hybrid planning application: (A) Full application for the access, scale & layout of site including raising of the ground levels, site access works & highway infrastructure to site, together with purpose built bat building. (B) Outline application for 250 dwellings (Use Class C3(a)), Space of up to 3000sqm employment (Use Class E(g)(i) and E(g)(ii) was Use Class B1). Retail Space of up to 250sqm gross floorspace (Use Class E(a) was Use Class A1); Space for the Sale of food and drink of up to 2000sqm Gross floorspace (Use Class E(b) Was Use Class A3); Service and Community Space of up to 500sqm Gross floorspace (Use Class E(d) E(e), E(f) and F1(a), F1(b), F1(e), and F2(b)was Use Class D1 and D2); (C) all the associated infrastructure including removal of any contamination, roads, footpaths, cycleway, drainage (including attenuation works), flood defence works, landscaping & appearance, public open space, utilities & vehicle parking & including demolition of buildings (amended scheme & supporting documents) (Amended description) Application Expiry: 30 June 2021 Ext Of Time Expiry: 30 June 2021 Publicity Expiry: 16 July 2020 Agent: Woodward Smith Chartered Architects Applicant: Yelland Quay Ltd Planning Case Officer: Ms J. Watkins Departure: Y EIA Development: Y EIA Conclusion: An environment statement has been submitted. Reason for Report to Major application with significant public interest Committee: Page 1 of 214 Minutes of Planning Committee 28th April 2021 RESOLVED (11 for, 1 against, 2 abstained) that the application be DEFERRED for two cycles for the following reasons; (a) An agreed masterplan for design was required in accordance with policy FRE02(a) and therefore a full planning application be presented to the Committee to include the access, scale and layout of the site; (b) To request detailed design images so that an assessment of impact, adverse or otherwise, on the SSSI/AONB, could be scrutinised by the design review panel. (c) To request an updated transport assessment to include details on how much (fill) could come to site by sea, in order to mitigate transport movements by road. (d) To request a statement of local need to comply with policy FRE02(b) (e) Figures on the viability of bringing in materials from other development sites to reduce costs and therefore supplement section 106 funds. Report updates are in bold. Consultation responses have been added from the Environment Agency, CCG, Environmental Health, Biosphere Service, and the RSPB. Previously circulated updates are now embedded in the report so that they are in the public realm. A revised section package is proposed. Site Description This allocated site is located approximately 4km west of Barnstaple Town Centre within Yelland. The site is accessed by vehicles via the B3233 along a private access road approximately 650m in length, and approximately 6m wide. This road forms the minor arm of a simple priority junction with the B3233. This access also serves a range of industrial units described within the planning history section of the report. On the B3233, footways and street lighting are present for a length of 600m to the west. To the east, footways and street lighting are present all the way to Bickington and beyond to Barnstaple. A section of virtual footway is present along the northern boundary of the road to the west of the site access. This virtual footway links into the footway present 600m further to the west. There are no existing formal pedestrian crossings on the B3233 in the vicinity of the site. There is an adopted pedestrian / cycleway approximately 2.5m wide alongside the eastern side of the access road, which links to the Tarka Trail immediately south of the site. The South West Coast Path extends along the northern site boundary and connects to the Tarka Trail both east and west of the site. The Tarka Trail provides a Page 2 of 214 high quality, fully surfaced and traffic free walking and cycling route between Barnstaple and Bideford. The surrounding area comprises open agricultural fields to the east and south, the existing residential dwellings associated with Yelland are further away to the south and south east adjacent to the main road. The River Taw and mudflats and saltmarsh grassland lie on the shoreline boundaries of the site. East Yelland Marsh lies to the east and Instow Barton Marsh to the west. To the south there is existing commercial and industrial premises forming Estuary Business Park, Flogas, Certas Energy and Sandbanks Industrial Park. There are a range of designations set out in the constraints part of the report below. The Site extends to approximately 38.5 hectares (ha) of land in total and consists of an area of open space (ash beds) within the eastern section of the Site (approximately 26.8 ha) and a previously developed area (approximately 11.7 ha) in the western section of the Site where the former power station was located. The current use of the site is for import and export of materials using the jetty as well as a concrete plant associated with a construction and groundworks business. Industrial buildings and the electric transformer site lie to the south west of the site. The majority of the site is ‘brownfield’ or previously developed land. The site was formerly used as a power station (as set out in the planning history section of the report). As part of the works of decommissioning the ash beds associated with the former Power Station were capped. These are located on the eastern side of the development site. Recommendation: Approved Legal Agreement Required: Yes Planning History Reference Proposal Decision and Date NI 336 Proposed electricity generating station DC 28.9.49 NI 705 Proposed extension to East Yelland Generating DC 15.0.50 Station Page 3 of 214 Reference Proposal Decision and Date NI 814 Proposed sewage disposal plan CC 26.0.50 NI 3999 Proposed raising height of chimneys DC 11.02.60 NI 7546 Proposed extension to offices UC 30.09.64 NI 11394 Proposed apprentices training building UC 28.05.68 NI 17284 Proposed extension to power station chimneys CC 23.01.73 83/1075/27/3 Proposed strengthening of existing tidal defence CC 06.09.83 banks 85/1607/27/3 Proposed disposal of refractory brickwork and CC 10.03.86 bagged asbestos into former circulating water Conditions pump house and old ash tip required the tipping operation to cease within 2 years, the pumphouse to be sealed and capped and only materials stripped from the power station to be disposed of 86/715/27/4 Proposed change of use from general industrial R 03.06.86 use to commercial vehicle maintenance and repair 86/1642/27/1 Outline Application: Proposed demolition of R 07.10.86 existing buildings and removal of toxic materials and construction of hotel and holiday villas together with leisure facilities for sailing, golf, tennis and the creation of wildlife conservation area Page 4 of 214 Reference Proposal Decision and Date 8223 Outline Application: Proposed recreational village W 05.09.97 inc. dwellings, craft workshops, studios, shops, pub & restaurant plus water features amenity areas & nature reserve by Daniel Homes and Taylor Woodrow Homes 24672 County Matter Application: Proposed restoration Conditional and capping of ash beds to prevent risk to public planning health permission granted by DCC 8 March Subject to completion of a Section 106 1999 Agreement relating to the dedication of land for an off-site footpath/cycle path and for the future management of the nature conservation interests 29924 Application to the Secretary of State for Energy W under Section 36 of the Electricity Act 1989 for 09.09.03 the erection of a power station 29959 Proposed erection of horticultural development W utilising greenhouses for fruit development 24.11.03 (amended site plan) 44587 County Matters Application in respect of DCC - CC completion of capping of ash beds 24.01.08 47291 County Matters Application in respect of NDC Recommend completion of capping of ash beds - discharge of Approval Condition 9 (plan for the restoration, 25.09.08 management & aftercare of site) & Condition 10 (Japanese Knotweed control) attached to Planning Permission 02/44587/2007 Jetty and Adjacent Land Page 5 of 214 Reference Propsosal Decision and Date NI 1832 * Proposed sand and gravel extraction in Taw & R Torridge Estuary NI 4027 * Proposed sand and gravel extraction in Taw & R Torridge Estuary 14.03.60 NI 8759 * Proposed sand and gravel extraction in Taw & CC Torridge Estuary 17.03.66 25649 Application for a Certificate of Lawfulness for an W existing use in respect of use of jetty for the 03.07.01 mooring of ships and other vessels (amended description) 26209 County Matter Application in respect of proposed DCC - CC use of existing jetty and construction of storage 27.01.99 facility for the export & import of minerals 36809 County Matters Application in respect of alteration DCC - CC of Condition no. 1 of Approval 02/27/26209/98 to 22.04.04 allow an additional five years for the commencement of storage facility for export and import of minerals 33982 County Matter Application variation of Condition 16 DCC - R of Planning Approval 02/27/24672/97 to expressly 03.12.02 permit the exportation of the resulting processed material 37228 County Matter Application in respect of variation of DCC - CC Condition 1 of Planning Approval no.