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Home , Alverdiscott, Yelland

EEC/06/204/HQ Development Control Committee 29 November 2006

Planning and Highway Consultation North District and : Application to the Secretary of State for Trade and Industry for consent under Section 37 of the Electricity Act 1989 for the Construction of a 132kv Strategic Overhead Electricity Line from the Alverdiscott Substation to Brookham, Fremington, Application No. North Devon District Ref. 42500 Application No. Torridge District Ref. 1/1407/2006/OHL Date Consultation Received by County Council: 7 September 2006

Report of the Director of Environment, Economy and Culture

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

Recommendation: It is recommended that the Secretary of State for Trade and Industry be advised that : (a) as Strategic Planning Authority raises no objection to the proposed development subject to the imposition of conditions relating, inter alia, to (i) submission, approval and implementation of an archaeological mitigation scheme including a programme of archaeological investigation and recording; (ii) submission, approval and implementation of a programme of pre- construction surveys and ecological mitigation measures; and (iii) appointment of a suitably qualified ecologist to oversee any construction activities with the potential to harm or disturb protected species or sensitive habitats; (b) as Local Highway Authority raises no objection subject to the prior agreement of a detailed scheme of construction access and traffic management, prior to the commencement of works on site and the maintenance of statutory clearance of lines and equipment in and over the highway; (c) does not request that a public inquiry be held before the Secretary of State reaches his decision on the application.

1. Summary

This report relates to a proposal to construct a 132kv overhead electricity line between the existing 400kv substation at Alverdiscott and the existing 132kv overhead circuit at Brookham, located 2 km south of Fremington.

2. The Proposal/Background

The proposal involves the construction of approximately 5km of overhead electricity line on wooden poles of a Trident design, which are 10 metres high. There would be 49 poles, spaced 100 – 150 metres apart.

The consultation is accompanied by an Environmental Statement and an Archaeological Assessment. The Environmental Statement explains that the overhead line is needed to reinforce Western Power’s electricity distribution network due to existing network deficiencies and the expected growth in electrical demand. There is currently insufficient capacity in Western Power’s 33kv network; the development is needed to ensure security of supply to existing customers supplied from Western Power’s and East 132/33kv substations, enabling Western Power to meet its obligations under its distribution licence. The upgrading would also facilitate the predicted growth in demand for electricity at load centres such as Barnstaple, , and , allowing proposed commercial and domestic developments to proceed. The applicant states that it is more efficient to reinforce the network at 132kv rather than at 33kv.

Following consultation with Parish Councils and local residents, the applicant proposes to underground the 11kv line north of Horwood into the village and to underground existing overhead services to the property of Little Ashridge.

A 30 km length of 132kv overhead electricity line, using the Trident design, is currently under construction between Alverdiscott and . The Committee raised no objection to this development at its meeting on 11 June 2003 (Minute *201(a) refers).

3. Consultations

The applicant has consulted the relevant District and Parish Councils and other statutory consultees on the proposed development, as required by the Electricity Works (Environmental Impact Assessment) ( and Wales) Regulations 2000. It is understood that the North Devon District Council, English Nature and the Horwood, Lovacott and Newton Tracey Parish Council have raised no objection to the scheme. The views of Torridge District Council and the Parish Councils of Alverdiscott and Westleigh are unknown.

4. Representations

This application has been advertised in accordance with the statutory publicity requirements required under the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000. As a result of these procedures one letter of representation has been received to date. Copies of all letters of representation received by the County Council will be displayed at the committee meeting.

5. Planning Policy

In considering this application the County Planning Authority is required to have regard to 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 VIS2 (Principles for Future Development); SS1 (Regional Spatial Strategy); SS2 (Regional Development Strategy); SS3 (The Sub-Regional Strategy); SS6 (Other Designated Areas for Growth); SS7 (Meeting Local Needs); SS19 (Rural Areas); SS20 (Rural Land (including Urban Fringe) Uses); EN1 (Landscape and Biodiversity); EN3 (Historic Environment); EC1 (Economic Development); HO1 (Levels of Housing Development 1996-2016); TRAN7 (The Rural Areas) and RE6 (Energy Generation and Use). Devon Structure Plan 2001 – 2016 (Adopted October 2004): Policies ST1 (Sustainable Development); ST3 (Self Sufficiency of Devon’s Communities); ST4 (Infrastructure Provision); ST5 (Development Priority 2001 to 2016); ST9 (Barnstable/Bideford Area of Economic Activity); ST10 ( Principal Urban Area ); ST15 (Area Centres); ST16 (Local Centres and Rural Areas); ST17 (Housing and Employment Land Provision); CO1 (Landscape Character and Local Distinctiveness); CO7 (Historic Settlements and Buildings); CO8 (Archaeology); CO9 (Biodiversity and Earth Science Diversity); CO10 (Protection of Nature Conservation Sites and Species); CO11 (Conserving Energy Resources); CO12 (Renewable Energy Developments) and TR10 (Strategic Road Network).

North Devon Local Plan 1995 to 2011 (Adopted July 2006): Policies STY1 (Sub Regional Centre); STY2 (Area Centres); DVS1A (Sustainable Development); DVS1 (Design); DVS2 (Landscaping); DVS3 (Amenity Considerations); ENV1 (Development in the Countryside); ENV8 (Biodiversity); ENV11 (Protected Species); ENV12 (Locally Important Wildlife or Geological Sites); ENV14 (Locally Important Archaeological Sites); TRA6 (General Highway Considerations) and HSG1A (Total Housing Provision).

Torridge District Local Plan 1997 – 2011 (Adopted September 2004) : Policies DVT1 (Development in Strategic Centres); DVT2C (Development in the Open Countryside); DVT7 (Design Considerations); DVT8 (Landscaping); DVT11 (Impact of Development on Amenity); DVT18 (Impact of Development on Traffic); ECD1 (Employment Land); HSC1 (Housing Development); ENV1 (Conservation Interest); ENV2 (Development affecting Historic Buildings and Settlements); ENV4 (Archaeological Preservation); ENVT5 (Countryside Protection and Landscape Conservation); ENV7 (Protection of Important Nature Conservation Interests); ENV8 (Local Nature Reserves); ENV9 (Important Wildlife Corridors); and ENV10 (Mitigation and Enhancement).

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

The Draft Regional Spatial Strategy for the South West 2006 – 2026 : Policies SD3 (The Environment and Natural Resources); SD4 (Sustainable Communities); ENV1 (Protecting and Enhancing the Region’s Natural and Historic Environment); ENV2 (Landscape Character Areas); ENV4 (Nature Conservation) and ENV5 (Historic Environment).

In preparing this report regard has been had of relevant National Planning Policy Guidance and Statements, in particular PPS1 (Delivering Sustainable Development); PPS7 (Sustainable Development in Rural Areas); PPS9 (Biodiversity and Geological Conservation) and PPG16 (Archaeology and Planning).

6. Highway Considerations

There is no highway objection to the submitted proposals subject to the maintenance of a minimum headroom for lines crossing the highway and no positioning of poles or apparatus within 3 metres of the highway boundary, and it is suggested that no development should commence without the prior agreement of a detailed scheme for construction access and traffic management.

7. Sustainability Considerations

The proposed reinforcement of the electricity distribution system will support existing communities in North Devon. It will also provide opportunity for the development of embedded renewable energy generation in this part of the county, displacing the need for fossil fuel based generation elsewhere.

8. Comments/Issues

The key issues raised by the proposed development relate to archaeology, nature conservation and landscape.

Archaeology

The Environmental Assessment identifies a number of areas where archaeological mitigation would be necessary. In addition, the proposed realignment of the overhead line west of Horwood places one of the poles (no. 25) on or directly adjacent to a known site of a late prehistoric or Romano-British settlement. The presence of the road and field boundaries may have already caused some disturbance to archaeological deposits here. Nevertheless, a programme of archaeological investigation and recording for any proposed groundworks is recommended.

The proposed undergrounding of the cable north of Horwood and into the village may also expose evidence relating to the prehistoric and Romano-British settlement of the area. It is recommended that archaeological monitoring of topsoil stripping and more detailed recording of any features that may be exposed should be undertaken.

Should planning permission be granted, it is recommended that a condition be imposed requiring the submission, approval and implementation of an archaeological mitigation scheme including a programme of archaeological investigation and recording. This should incorporate the mitigation proposed in the Environmental Assessment and the two mitigation measures identified above in this report. Subject to the imposition of such a condition, the proposed development is considered to be acceptable in terms of Devon Structure Plan Policies CO7 and CO8.

Nature Conservation

There do not appear to be any significant nature conservation concerns resulting from the proposed development. There might be minor disturbance to a number of areas of sensitive habitat of local importance during the construction period, but an ecological watching brief is proposed to minimise such effects. A mitigation strategy to plant new trees to replace those felled or lopped during construction is also proposed.

Although no conclusive proof of their presence was found, there is some risk that the construction process might result in harm or disturbance to protected species, including bats and dormice, which are covered by the strictest legal provisions given their status as European Protected Species. For this reason, a range of further surveys are proposed in advance of the construction process. In addition, ecological supervision would be used to ensure that any risk is minimised and, in the event of protected species being located, appropriate steps taken to conserve them. A number of general mitigation measures, such as careful timing of works would also be adopted.

In order to ensure that any wildlife impacts are minimised as far as possible and all works are undertaken in a manner which accords with relevant legislation, it is important that all of the proposed mitigation measures (including further surveys in advance of construction) are implemented in full should planning permission be granted. To this end, it is recommended that the following conditions are attached to any planning permission: 1. The submission, approval and implementation of a programme of pre-construction surveys and ecological mitigation measures to ensure that the risk of any inadvertent impact on protected species or sensitive habitats is minimised. This programme could be based on the 'Action Plan Summary’ which is contained in Section 4.4.6.8 of the Ecological Chapter of the Environmental Statement, although more detail should be incorporated, particularly in respect of the acceptable timing of certain activities and the manner in which potentially damaging works should be undertaken (e.g. approach to felling or lopping of trees which might support bats).

2. The appointment of a suitably qualified ecologist to oversee any construction activities with the potential to harm or disturb protected species or sensitive habitats.

Subject to the imposition of these conditions, the proposed development is considered to be in accordance with Policies CO9 and CO10 of the Devon Structure Plan.

Landscape issues

The methodology for landscape and visual assessment in the Environmental Statement largely follows current accepted practice and the analysis is considered to be generally reasonable and appropriate. The assessment concludes that the proposals would not harm the landscape resource. How this conclusion relates to the slight or moderate adverse impacts described in various elements in Section 6.10 is not made clear. Further, how any of these analyses relate to the requirements of current Structure Plan and Local Plan policies is nowhere set out.

Structure Plan Policy CO1 requires that proposals should be informed by and sympathetic to the landscape character and quality and that the qualities and features of Devon's Landscape Character Zones should be sustained and enhanced. From the analysis in the Environmental Statement it must be doubted whether enhancement is achieved, although in terms of existing character the point is well made that this is already substantially influenced by existing power lines, including pylon-based lines which have a considerably greater effect than the current proposal.

Overall, the conclusion must be that the proposal does not enhance the respective Landscape Character Zones' qualities and that there is some minor adverse impact on certain landscape elements, including hedge banks and field boundaries, and especially tree belts and woodlands. There is also an impact on the visual integrity and landscape character of a relatively small area between Webbery and Horwood. Given the relatively small length of the overall proposal which gives rise to the greatest landscape concerns the conclusion is that, while the requirements of Structure Plan Policy CO1 are not fully met, the limited adverse impact set against the social benefits to the North Devon area would not merit an objection on landscape grounds alone.

9. Reasons for Recommendation/Alternative Options Considered

The Committee has the options of objecting, raising no objection, or not responding to this consultation. It is considered that any impacts on archaeological remains and nature conservation interest can reasonably be mitigated by the imposition of appropriate conditions. It is therefore recommended that the County Council raises no objection to the proposed development subject to the imposition of conditions relating, inter alia, to (a) submission, approval and implementation of an archaeological mitigation scheme including a programme of archaeological investigation and recording; (b) submission, approval and implementation of a programme of pre-construction surveys and ecological mitigation measures; (c) appointment of a suitably qualified ecologist to oversee any construction activities with the potential to harm or disturb protected species or sensitive habitats; and, (d) the prior agreement of a detailed scheme of construction access and traffic management, and the maintenance of statutory clearances in the vicinity of public highways. It is also recommended that the Secretary of State for Trade and Industry be advised that the Council does not request that a public inquiry be held before he reaches his decision on the application. Edward Chorlton

Electoral Divisions: Fremington Rural and Bideford East

Local Government Act 1972

List of Background Papers

Contact for enquiries: Malcolm West

Room No. ABG, Lucombe House, County Hall

Tel No: (01392) 382867

Background Paper Date File Ref

Current Application 07.09.2006 02/42500/2006

nw311006dca sc/alverdiscott substation 3 hq 211106