EEC/06/197/HQ Development Control Committee 29 November 2006
County Matter - Minerals: West Devon Borough: Provision of New Access Track to Meeth Ball Clay Quarry and New Car Park for Wildlife Reserve at Ash Moor, Meeth, Near Hatherleigh Application No: 9314/2006/OKE Date Application received by County Council: 29 June 2006
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 planning permission be granted subject to conditions relating to, inter alia, standard commencement; access track to be gated; nature of signage to be agreed with the Mineral Planing Authority (MPA); access to the quarry to be for vehicles engaged in restoration purposes; replanting of any trees to be removed during the access construction; car park to be used for visitors to Ash Moor nature reserve; permissive path to reserve to be constructed (timescale to be agreed); details of laying out and surfacing car park to be submitted and agreed; details of surfacing of track to be submitted and agreed; and no mud to be deposited on county highway.
1. Summary
This report relates to a proposal to provide a new access to the redundant Meeth Ball Clay site and to a car park to serve the proposed pedestrian access to the new nature reserve at Ash Moor.
2. The Proposal/Background
The newly created nature reserve at Ash Moor is the result of negotiations between the Department of the Environment Farming and Rural Affairs (DEFRA), the County Council and Devon Wildlife Trust (DWT) following the construction of a site for the reception of livestock carcasses during the Foot and Mouth outbreak in 2001. The site was never used for the burial of carcasses and has now been restored to an area of “Culm Grassland” which it is intended will be managed by DWT subject to a suitable access being provided.
There is no agreed public access or right of way into the site and DWT and DEFRA have been in negotiation with Imerys who own a strip of land along the southern boundary of the Ash Moor Plantation. Imerys has come to an agreement with both DEFRA and the DWT to provide a new access and a small car park for public use, as long as pedestrian/maintenance access to the site can be negotiated through the Ash Moor Plantation which is owned by the Clinton Devon Estates (CDE). The applicant is currently in talks with CDE to negotiate this access in return for forestry access across its own land to enable CDE to remove timber from the plantation using the proposed new track. The removal of timber currently happens every 3-4 years and the CDE currently has a right of access across the new nature reserve for these operations with the timber lorries exiting the area via the small hamlet at Ash Cross.
Additionally, the applicant wishes to use the new access for the ongoing restoration of the mineral site as the Company is concerned about the long term availability of the existing access to the mineral site from Meeth which is subject to a lease. The construction of the new access and the visibility splay will enable the delivery of restoration machinery by low loader should this be required. 3. Consultations
West Devon Borough Council – no objections subject to the views of the Highways Officer and conditions to address landscaping and ecology.
Torridge District Council - consulted on 12 July - no response received.
Meeth Parish Council – query the future use of the storage sheds within the clay works and whether a parking area can be incorporated for Tarka Trail users near the main road. These comments do not appear to be particularly related to the application as they relate to those parts of the site outside the red line of the application area. They relate more to the Article 21 restoration proposal which is also before this Committee for determination. (See report EEC/06/196/HQ).
Petrockstowe Parish Council - originally raised no objections but subsequently objected due to potential increase in traffic coming off the main A386 as the local roads are narrow and the site entrance is on a bend.
English Nature - broadly support the proposal but would like it to be explained how public access may be delivered across Ash Moor Plantation.
Devon Wildlife Trust – strongly support the proposal as it is the best prospect for securing appropriate access to the Ash Moor nature reserve.
Environment Agency - no objection.
4. Advertisement/Representations
This application has been advertised in accordance with the statutory publicity requirements and as a result of these procedures no letters of representation have been received.
5. Planning Policy Considerations
In considering this application the Mineral 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 most relevant Development Plan policies are as follows:
Regional Planning Guidance for the South West: RPG10 (September 2001) : Policies SS19 (Rural Areas); EN1 (Landscape and Biodiversity); EN5 (Health, Education, Safety and Other Social Infrastructure); TCS2 (Culture, Leisure and Sport); and RE3 (Minerals Planning).
Devon County Structure Plan 2001-2016 (Adopted October 2004) : Policies ST1 (Sustainable Development); CO1 (Landscape Character and Local Distinctiveness); CO9 (Biodiversity and Earth Science Diversity); and CO10 (Protection of Nature Conservation Sites and Species).
Devon County Minerals Local Plan (Adopted June 2004): The application site falls within the Mineral Consultation Area at the Ball Clay Workings at Petrockstowe/Meeth and adjoins to the north of the Mineral Working Area with planning permission at Meeth Quarry. Policies MP10, 11, and 12 (Nature Conservation) and MP13 (Development in Mineral Consultation Areas) apply.
West Devon Borough Local Plan Review (2005): Policy NE10 (Development in Rural Areas).
Emerging policy which can also be regarded as material planning considerations include:
The Draft Regional Spatial Strategy for the South West 2006 - 2026: Policies ENV1 (Protecting and Enhancing the Region's Natural and Historic Environment); and ENV4 (Nature Conservation).
In preparing this report regard has also been taken of National Planning Policy Guidance, including PPS1 (Delivering Sustainable Development); PPS7 (Sustainable Development in Rural Areas); and PPS9 (Biodiversity and Geological Conservation).
6. Highway Considerations
The proposed new access is from the unclassified county road leading from the village of Petrockstowe south to join the A386 to the north of Hatherleigh. The proposal involves the removal of a stretch of hedgerow to provide a visibility splay. The views of the Highway Authority are that subject to the provision of an adequate visibility splay which, due to the alignment of the road at this point could be delivered without too much disturbance to the existing hedgebank and appropriate measures being taken if necessary to accommodate forestry traffic then there is no objection in principle to the proposal.
Concern has been expressed by Petrockstowe Parish Council that the proposal is likely to lead to additional heavy traffic using the access. However, the applicant has stated that in terms of public access it is likely to be a very low key site with only one or two “events” per year that may attract more than one or two vehicles. Initial concerns that the car park could be used as an alternative access to the Tarka Trail and encourage higher numbers of visitors have proved unfounded as the applicant is not proposing to provide an access past the point where entry to the nature reserve could be gained through the Ash Moor Plantation. It is also intended that the track shall be gated and that any form of identification should be low key and evident only to DWT members.
The applicant has stated that with regard to the alternative access to the now disused quarry, it is envisaged that the access might be used to bring in plant and machinery to be used for restoration purposes but once this is within the site it is likely to remain there for long periods whilst the site is being restored. The view expressed by the Parish Council that the likely impact on the road would lead to conflict with farm tractors has not been substantiated. Although it is a minor road, it is of sufficient width for much of its length to allow two cars to pass. The occasional use for access by forestry or heavy plant is not likely to be of such frequency that it is an unacceptable use of a county highway. Any future use of the restored site would be a matter for the Borough Council to determine and they would need to consider highway implications at the time of any planning application.
7. Sustainability Considerations
The remoteness of this area makes the encouragement of any public access likely to increase traffic generation and the location means that public transport is unlikely to be available. The proposal will, however, help to promote the proper management by the DWT of the newly created nature reserve. It is likely that if proper access cannot be achieved then the DWT will not take on any formal involvement or tenure at this site and the long term conservation management of the area may be in doubt.
8. Comments/Issues
Many of the issues relating to this proposal are less to do with planning matters than the objective of achieving a suitable access to the adjacent nature reserve. The concerns expressed locally about the Foot and Mouth burial site led the County Council to vigorously pursue with MAFF (now DEFRA) the restoration of the area and its future use as a wildlife site which would be a resource for local residents as well as members of the Devon Wildlife Trust.
It is clear that the negotiations between the applicant and the CDE concerning long term access to the nature reserve across the Ash Moor Plantation are not matters that can be affected by this application. However, a consent for the car park and the permissive path will be a first step in achieving access to this site. The more certain outcome of the proposal is the new access to the disused quarry site. The proposed restoration of the quarry to areas of water, woodland and species rich grassland is the subject of a separate application and report to this Committee, (Report EEC/06/196/HQ refers). The new access, however, will provide certainty to the landowner that it will be possible to go ahead with the restoration as there will be a permanent access to the site for such purposes. It is clear that the proposed new access would not have been suitable for the quarry traffic when it was active. The levels of likely use during the restoration period are such that it is considered to be an acceptable proposal and will ensure that the area of land is not without a suitable access to enable restoration.
9. Reasons for Recommendation/Alternative Options Considered
The Committee has the options of approving, deferring or refusing this planning application.
If planning permission were to be refused then it is unlikely that a suitable vehicular access will be found to the new nature reserve and the likely consequence is that DWT will not take on the desired long term management. Additionally, the uncertainty over the existing access from Meeth may mean that the restoration and management of the disused quarry could not be achieved. The proposed new access onto a Class C road is not ideal but it is considered that the levels of the proposed use could be controlled by appropriate conditions and on balance the benefits of the proposal would outweigh the slight increase in traffic on the road.
Edward Chorlton
Electoral Division: Hatherleigh & Chagford
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 Current 9314/2006/OKE sp031106dca sn/meeth ball clay quarry 4 hq 211106