PTE/14/33 Development Management Committee 23 April 2014

County Matter: Waste Disposal East District: Proposed waste water transfer pumping station, land adjacent to the River Clyst, Clyst , Applicant: South West Water Ltd Application No: 14/0444/CM Date application received by : 12 February 2014

Report of the Head of Planning, Transportation and Environment

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

Recommendation: It is recommended that planning permission is granted subject to:

(i) confirmation that appropriate off-site compensatory flood storage will be provided; and (ii) the conditions set out in Appendix II to this Report (with any subsequent changes being agreed in consultation with Chairman and Local Member).

1. Summary

1.1 This Report relates to a planning application for a waste water transfer pumping station at , in East Devon.

1.2 It is considered that the main material planning considerations in the determination of this planning application are the need for the development; alternatives to the proposed development; flood risk; impact on amenity; the appearance of the building; odour and noise issues; highways impact and overall sustainability considerations.

2. The Proposal/Background

2.1 The application site is a small area of land (about 0.1 hectares) located on the east side of the River Clyst at the north-west edge of Clyst Honiton village. The site is currently mainly grassland, with some trees and hedges around the north and east boundary, a vehicle access track on the eastern part and a footpath along the river bank along the western edge. Whilst the site is owned by South West Water and the Highways Agency, local people have enjoyed access to and over the land via the Public Right of Way, which continues over the footbridge and northwards along the west bank of the River Clyst.

2.2 The old A30 road lies directly to the south-east of the application site, with a footway and layby along this section. To the east, there is a car park owned by the public house located on the south side of the road. Directly to the north, there is agricultural land. The River Clyst forms the western boundary of the site, beyond which there is a South West Water storm tank and further agricultural land.

2.3 The submitted planning application is for an underground shaft and an associated building containing a control room and standby generator. The building would be approximately 10 metres long by 7.6 metres wide and 4.4 metres high, with a natural white cement render finish and pitch fibre slate tiled roof. The tanks, pumps, pipework, valves and overflow screen would be contained within a single shaft with an internal diameter of 7.5 metres and internal depth of 7.6 metres. The underground shaft and building would be located in the southern part of the application site at a raised level of approximately 1 metre above the surrounding land (9.6 AOD) in order to protect the equipment from flooding, as required by the Environment Agency.

2.4 This development forms part of the works for a new waste water pumping station, which also involves provision of interconnecting underground pipework and service connections and use of the existing storm water tank located directly to the west of the river. These associated underground works will be undertaken as permitted development. It is noted that the majority of the application site is already owned by South West Water (SWW) and approximately half of the remainder contains existing pipework. A new footbridge is also due to be provided, subject to a separate planning application being submitted to East Devon District Council.

3. Consultation Responses

3.1 East Devon District Council (Planning) – no objections to the proposal, but makes comments with regards to trying to minimise the visual impact of the proposed building. The design and appearance is considered to be very utilitarian and prominent and the authority suggests that opportunities to improve the design of the building should be explored such as cladding and planting at the front of the site to help screen the building and to compensate for the regrettable loss of a number of trees towards the rear of the site.

3.2 East Devon District Council (Environmental Health) – no objections and has advised that the pumping station is needed as soon as practicable in order that the new town of Cranbrook and associated commercial developments are properly serviced, thereby reducing any potential for sewerage issues.

3.3 Clyst Honiton Parish Council – objects to the application. The council considers the application should have been made when the Cranbrook development was being planned, not as it is being built. The Council objects to:  the location on the only piece of amenity land at the north end of the village, which is a gateway to the village and a pleasant and well used walk.  a site that will be under water – the site is located in the flood plain and has been under flood water more than once this year and last year. The Council considers the applicants have not given sufficient consideration to alternative sites, or recognised the problems associated with this one.  any diminution in flood prevention – with concerns that the design and siting will increase flood risk for properties to the south of the road.  the location/type of compensatory flood storage.  environmental deterioration, particularly due to odour. If planning consent is granted, the Council asks for planning conditions to be imposed requiring amenity compensation (with veranda, paving, seating, noticeboard), use of red brick, maintenance of the public footpath, and replacement tree planting.

3.4 Environment Agency – has no objections in principle to the proposal providing development proceeds in accordance with the submitted Flood Risk Assessment, advises that there are a number of important details to be agreed with them relating to Flood Defence consenting. Further advice received on 7 March 2014 indicated that the Agency is not aware why the works would have any adverse effect upon flood risk in Clyst Honiton if it is built as proposed.

4. Advertisement/Representations

4.1 The application was advertised in accordance with the statutory publicity arrangements by means of a site notice, notice in the press and notification of neighbours by letter. As a result of these procedures, three letters/emails of objection have been received from local residents. These objections relate to flood risk impact, the design of the building, the loss of amenity land, loss of trees, odour, noise and alternative locations.

5. Planning Policy Considerations

5.1 In considering this application the County Council, as Waste Planning Authority, is required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. 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 indicate otherwise. In this case the Development Plan policies are summarised in Appendix I to this report and the most relevant are referred to in more detail in Section 6 below.

6. Comments/Issues

6.1 It is considered that the main material planning considerations in the determination of the proposed development are the need for the development; alternatives to the proposed development; flood risk; impact on amenity; the appearance of the building; odour and noise issues; highways impact and overall sustainability considerations.

Need for the Proposed Development

6.2 The applicant has stated that the proposed development is required to provide essential infrastructure for new developments in the old A30 corridor east of . These include the new town of Cranbrook, the Intermodal Freight Depot adjacent to Hayes Farm, the SkyPark office development, and a new terminal at Exeter Airport. Sewage discharges for this area east of Exeter are currently connected to a trunk sewer crossing the Cranbrook site towards Clyst Honiton and onto Blue Ball Pumping Station, close to Junction 30 of the M5, and then transferred to the Countess Wear Waste Water Treatment Works (WWTW).

6.3 The applicant states that the existing sewerage network has a limited capacity and is not capable of transferring the increased flows. The provision of waste water infrastructure capacity to deal with the increased sewage discharges is essential for these new developments to proceed. In addition, a planning application is currently being considered by East Devon District Council for construction of an additional 600 homes at Cranbrook, further increasing this need.

Alternatives to the Proposed Development

6.4 The applicant intends to meet this requirement for foul drainage infrastructure by providing a new transfer sewer from Cranbrook to the proposed waste water transfer pumping station Clyst Honiton, with a new rising main and gravity sewer to Blue Ball Pumping Station at Sowton. From here, the additional flows would discharge to Countess Wear WWTW which is being is being upgraded to accommodate this. The new transfer sewer from Cranbrook has been constructed and is awaiting connection at Clyst Honiton, and the rising main and gravity sewer from there to Blue Ball is currently under construction.

6.5 Whilst this planning application should be considered on its merits, the applicant has submitted information justifying why it considers the new facility needs to be located at the application site. SWW held planning permission for a new WWTW to be provided at a site located 300 metres north-west of Clyst Honiton on agricultural land adjacent to Mill Lane, Mosshayne Farm (DCC/2360/2006, granted 8 June 2007), but this permission was never implemented. SWW states that this was due to the recession, and that new circumstances led them to review this scheme, including proposed housing at Mosshayne, changes to discharge consents prohibiting discharge of the full future catchment flows to the River Clyst, and changes to EA policy allowing further enlargement of Countess Wear WWTW.

6.6 SWW therefore decided to upgrade capacity at Countess Wear WWTW and to transfer all flows to this location. This necessitated the provision of additional pipelines and pumping stations to transfer the discharges. In addition, a new pumping station and emergency storage are being provided at Cranbrook to transfer flows further down catchment.

6.7 The existing sewerage network for this part of East Devon already naturally converges at the application site at Clyst Honiton by gravity, with sewers serving (1) , Poltimore and , (2) and , (3) Blackhorse and (4) Clyst Honiton. SWW considers that the new pipeline from Cranbrook to Blue Ball should be routed via Clyst Honiton, and that this natural convergence point is the only practical location for the new pumping station. The submitted Planning Statement states that the new pumping station needs to interact with the existing storm tank to the west of the River Clyst and the hydraulic performance of each site would be better controlled if the sites are close together. In addition to this, SWW owns most of the application site, with existing pipelines located in other parts of the site, and states that it “makes common sense to construct the facility on their own land and within their operational area.”

6.8 Within the general location at the north-west end of Clyst Honiton, SWW has assessed a number of specific locations. In considering these, the underground shaft needs to be positioned within the proposed application area in order to connect with existing and new pipework. SWW states that, for operational health and safety reasons, the associated above-ground control equipment must be close to (within approximately 10 metres) and intervisible with the underground shaft.

6.9 At pre-application stage, SWW initially intended to locate the control equipment immediately to the north of the application site, to the north of the ditch. The Environment Agency (EA) advised that the equipment should be located outside the functional flood plain (Zone 3b) and recommended location along the south edge of the existing defensive bund on the higher ground of the flood plain area (Zone 3a), which was considered more suitable in terms of flood risk mitigation.

6.10 Locations to the west of the River Clyst have also been considered, but discounted due to being located within the functional flood plain. In addition, there is no vehicular access to this location other than a ford which is only available when river flows permit and SWW does not own the land required.

6.11 SWW states that the car park to the east of the site is too small to accommodate the sump diameter and the control facility. Location of just the control equipment in the car park was discounted due to the distance to the underground equipment being too far to allow intervisibility.

6.12 The car park to the south of the old A30 was discounted as there would be hydraulic control difficulties from separating the two related sites. In addition, there would be increased health and safety risks arising from personnel needing to repeatedly cross the road, and construction and operational noise sources would be closer to residential properties.

6.13 Taking this assessment into account, it is considered that this assessment of alternative locations on the north-west edge of Clyst Honiton village identifies the proposed application site as the most appropriate site for the pumping station and associated control equipment. It is the only location which meets all of the requirements, in particular:  it allows positioning of the control equipment outside the functional flood plain;  the underground shaft and control equipment can be adjacent and intervisible, providing operational and health and safety benefits;  the new pumping station would be close to the existing storm tank, with operational benefits; and  it has vehicular access.

Flood Risk

6.14 The proposed scheme has been designed following advice from the Environment Agency (EA) and based on a Flood Risk Assessment (FRA). The EA requested the equipment to be located outside the functional floodplain (Zone 3b) to the south of the existing defensive bund, with all water sensitive equipment at a raised level above 9.6 AOD to protect it from flooding. The FRA states that the design is flood-resilient in line with the relevant guidance, with a range of flood mitigation measures to keep water-sensitive equipment safe from flooding and to ensure floodwater cannot penetrate.

6.15 The FRA has assessed the location and design in accordance with the requirements of the national planning guidance relating to flood risk. The development is classed as ‘water–compatible development’ and so the scheme meets the requirements of the ‘Sequential Test’ which guides development to locations of lowest probability of flooding. As advised by the guidance and required by the EA, the applicant proposes to provide a volume of 31.6 m3 compensatory flood storage at land owned by the EA, which is located directly to the south-west of the application site. SWW has applied to the EA for Flood Defence Consent to approve this compensatory flood storage. It is recommended that planning permission can be granted subject to prior confirmation being received that the appropriate off-site compensatory flood storage will be provided in accordance with the approved Flood Defence Consent.

6.16 The Parish Council has raised concerns about the frequency of flooding at the application site, the impact of flood risk on nearby properties to the south of the old A30 and the effectiveness/location of the compensatory flood storage. The EA has confirmed that it is not aware of any reason why the scheme would have any adverse effect on flood risk at Clyst Honiton if it is built as proposed and the integrity of the EA’s flood defence scheme is maintained. This would be ensured through the EA’s Flood Defence consenting procedure. The EA confirms it wishes the compensatory flood storage to be provided as close as possible to the application site. Given this advice from the EA, it is considered that the proposed development is appropriately designed and would not increase flood risk, in accordance with Policy WPP18 of the Devon County Waste Local Plan 2006.

Impact on amenity

6.17 The Parish Council and some local residents have objected on the grounds of loss of amenity land. It is recognised that this land is an open area of grassland which provides access to the river bank and the public right of way which continues over the footbridge to the north. This land is not formally designated as land of local amenity importance or open space in the East Devon Local Plan 2006. Local people have enjoyed access to this land, although it is owned by South West Water and the Highways Agency. Whilst the proposed development would use part of the site for the control building and adjacent concrete cover for the underground shaft, the rest of the land would remain grassed and accessible to the public.

6.18 A tree in the centre of the site would be removed in order for the underground shaft to be provided. The applicant states that the underground pipework being constructed as permitted development requires the removal of trees and some of the scrub at the north end of the site and a hedge to the east of the access track. Loss of this vegetation is regrettable, but as it would occur as a result of permitted development, consideration of this issue is outside the scope of this planning application.

6.19 SWW proposes to mitigate these impacts on amenity and loss of vegetation through a scheme to provide landscaping and amenity enhancement. It is understood that the applicant has already held discussions with the Parish Council about the details of what could be provided. This might include reinstatement of the hedge to the east of the access track; planting and reseeding the application site to provide grass, wildflowers or formal flower beds; and provision of trellis and appropriate planting on the control building; provision of a parish noticeboard and seating, and bird and bat boxes. Replacement planting would need to be limited to shallow rooting plants as deep roots would compromise the underground infrastructure and could restrict water flow during flooding. For this reason, SWW has offered to plant saplings elsewhere in the parish. It is recommended that, should planning permission be granted, a planning condition is imposed requiring a Landscaping and Amenity Enhancement Scheme with time allowed for the applicant and the Parish Council to agree the details. Subject to the implementation of such a scheme, the proposed development is considered to meet the requirements of WPC2, WPP15 and WPP24 of the Devon County Waste Local Plan and Policy D4 of the East Devon Local Plan 2006.

6.20 The submitted ecological report confirms that there would be no impact on protected species, although potential habitat for breeding birds was identified and otters are known to migrate and feed through this section of the river. The report recommends mitigation measures to avoid vegetation clearance during the bird nesting season, provision of bird nesting boxes, and a method statement to ensure construction does not disturb otters. Planning conditions could be attached requiring these measures to be implemented, in accordance with Policy WPP15 of the Devon County Waste Local Plan 2006.

Visual amenity

6.21 Given the EA’s requirement for locating the above-ground control equipment, it was agreed with them at pre-application stage that a building to house the equipment would be most appropriate in this more prominent location. The applicant has proposed a natural white cement render finish with a fibre cement slate tiled roof. The Parish Council has suggested a red brick building instead. Given that all but one of the buildings on the other side of the road are white or cream render, it is considered that the proposed materials are appropriate.

6.22 East Devon District Council has stated it considers the design and appearance of the building to be very utilitarian and that opportunities to improve the appearance should be explored. The applicant has since submitted a revised design removing the barbed wire from the top of the courtyard wall. The proposed landscaping and amenity enhancement measures would improve the appearance of the building and provide community benefit by providing a parish notice board, seating and trellis with appropriate planting. Implementation of such measures could be required by the recommended condition, satisfying the policies noted in Section 6.19 above.

Odour

6.23 The Parish Council and local residents have raised concerns about odour arising from the pumping station. The applicant has stated that the underground chambers would be constructed from impermeable reinforced concrete and fitted with heavy duty sealed covers. In addition, retention times within the system would minimise the potential for odour compounds to be generated. A vent stack connected to the equipment is proposed, providing passive ventilation, and normally no or little air would be displaced from the system. The vent pipe would be set at a high level to maximise dispersion and dilution. The Environmental Health Officer has advised that there is no potential for these pumping stations to cause odour problems during normal operating conditions. Given this, it is considered that there would not be an adverse impact from odour, in accordance with Policy WPC2 of the Devon County Waste Local Plan 2006.

Noise

6.24 Local residents have objected on the grounds of the impact of noise from the development. The Planning Statement indicates there would be a very low level noise generated when the underground pumps are operating, but they would be contained within the underground shaft with heavy duty sealed covers and secured on mountings to suppress any noise or vibration. Other operational noise would arise from occasional visits by vehicles and testing of the standby generator. It is considered that the impact of operational noise on local residents would be acceptable, particularly given the location immediately adjacent to the road, in line with Policy WPC2 of the Devon County Waste Local Plan 2006.

Highways issues

6.25 Traffic management measures would be in place during construction. The impact of construction traffic on the highway network would be temporary and is not considered significant. During operation, there would be occasional visits by vehicles, which would make use of the existing access and have a minimal impact on the highway network.

6.26 The proposed scheme would maintain existing access allowed by the Public Right of Way over the site, as it would not affect the surfaced footpath along the river bank or access via the vehicular track on the eastern side of the site.

Overall Sustainability Considerations

6.27 The proposed scheme would provide essential infrastructure to support development within the area, and improve sewerage provision within the village of Clyst Honiton. It is considered that the subject to appropriate planning conditions, the impacts of the scheme would be adequately mitigated and that overall the development is sustainable.

7. Reasons for Recommendation/Alternatives Options Considered

7.1 The Committee has the option of approving, deferring or refusing this planning application.

7.2 In conclusion it is considered that proposed development is necessary to provide essential infrastructure to support development within the area. It is considered that the proposed site is the only location which meets all of the flood risk and operational requirements. Whilst the provision of the control building would impact on the amenity and vegetation at the site, it is considered that these impacts could be adequately mitigated through a Landscape and Amenity Enhancement Scheme. The proposed design is viewed to have appropriately addressed any potential impacts relating to flood-proofing, odour and noise. It is therefore considered that conditional planning permission should be granted in accordance with the recommendation to this report.

Dave Black Head of Planning, Transportation and Environment

Electoral Division: Broadclyst & Whimple

Local Government Act 1972: List of Background Papers

Contact for enquiries: Nicola Wilson

Room No: ABG, County Hall

Tel No: 01392 382113

Background Paper Date File Ref. Casework File 7.2.2014 DCC/3641/2014

nw010414dma sc/cr/waste water pumping station clyst Honiton 02 100414

Appendix I To PTE/14/33

Planning Policy Considerations

National Planning Policy Framework (March 2012)

Devon County Waste Local Plan (Adopted June 2006): Policies WPC02 (Development Control Considerations); WPP15 (Areas not Covered by Specific Policy Designations); WPP18 (Protection of Floodplains); WPP23 (Rights of Way); WPP24 (Site Design and Appearance); and WPP43 (Waste Water Treatment).

East Devon Local Plan 1995 - 2011 (Adopted July 2006): Policies D01 (Design and Local Distinctiveness); D04 (Landscape Requirements); D05 (Trees on Development Sites); EN06 (Wildlife Habitats and Features); S05ED (Countryside Protection); and TA07 (Adequacy of Road Network and Site Access).

The Devon Waste Plan: Pre-Submission Consultation (December 2013): Policies W01 (Presumption in Favour of Sustainable Development); W02 (Sustainable Waste Management); and W08 (Waste Water Treatment).

East Devon Local Plan (2006-26): Proposed Submission (November 2012): Policies D01 (D1 - Design and Local Distinctiveness); D02 (D2 - Landscape Requirements); D03 (D3 - Trees and Development Sites); and ST07 Strategy 7 - Development in the Countryside.

Appendix II To PTE/14/33

Proposed Planning Conditions

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

REASON: In accordance with Section 91 of the Town and Country Planning Act 1990.

2. The development shall be carried out in strict accordance with the details shown on the following approved drawings and documents unless varied by the conditions below: - Drawing 878/DR/01/Rev 6 - Drawing U13084_SX - Plan D00798CPTV002/Rev A - Planning Application Support Statement Ref. 878/DOC/01/B - Flood Risk Assessment Ref. R00798/VQA/Y001A - Extended Phase 1 Habitat Survey Ref. R00798/VQA/Y003/B - Arboricultural Survey Ref. R00798/VQA/Y002/A.

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

CONDITIONS (PRE-COMMENCEMENT)

3. No development shall take place until a River Clyst Ecological Protection Method Statement has been submitted to and approved in writing by the Waste Planning Authority. This statement shall: - ensure the river is fully protected during the construction phase from disturbance and pollution, - provide details of the ecological protection measures which are to be implemented, and - ensure that access for otters is not restricted or otherwise affected.

The development shall be implemented in accordance with the approved statement.

REASON: To ensure the river and associated wildlife is protected in accordance with Policies WPP15 and WPP17 of the Devon County Waste Local Plan 2006.

CONDITIONS (DURING CONSTRUCTION)

4. No later than 31 August 2014, a Landscaping and Amenity Enhancement Scheme shall be submitted to and approved in writing by the Waste Planning Authority. The approved scheme shall be implemented in the first planting and seeding season after completion of development. The approved scheme shall be maintained for a period of five years. Any tree, plant or grassed area, or any replacement of it, that is removed, uprooted, destroyed or dies within five years of the date of planting or seeding shall be replaced with the same or similar species in the same location.

REASON: To protect the character and appearance of the local landscape in accordance with Policies WPP15 and WPP24 of the Devon County Waste Local Plan 2006 and Policy D4 of the East Devon Local Plan 2006.

5. All trees and shrubs not identified for removal on approved drawing D00798CPTV002/Rev A shall be retained and protected during construction in accordance with the recommendations in Section 6 of the submitted Arboricultural Survey ref. R00798/VQA/Y002/A.

REASON: To ensure that trees, shrubs and other natural features to be retained are adequately protected from damage throughout the construction period, in the interests of visual amenity and in accordance with Policies WPP15 and WPP24 of the Devon County Waste Local Plan 2006 and Policy D4 of the East Devon Local Plan 2006.

6. No vegetation clearance shall take place during the bird nesting season (01 March to 31 August inclusive) unless the developer has been advised by a suitably qualified ecologist that clearance will not disturb nesting birds and a record of this is kept. Such checks shall be carried out in the 14 days prior to clearance works commencing.

REASON: To minimise impacts on nesting birds and ensure that no birds take up residence in the intervening period in accordance with Policy WPP15 of the Devon County Waste Local Plan 2006.