Application Report Strategic Development & Planning Place Services North Devon Council Lynton House, Commercial Road, Barnstaple, EX31 1DG
Application No: 70366 Application 27 December Expiry : 2019 Application Type: Full application Ext Of Time Expiry : Publicity Expiry: 12 December 2019 Parish/Ward: WEST DOWNMORTEHOE/MORTEHOE Location: Willingcott Valley Holiday Village Bradwell Road Woolacombe EX34 7HN Proposal: Proposed improvements to leisure facilities together with woodland planting, landscaping and the erection of 107 holiday cottages and associated infrastructure works Agent: Mr Stephen Harris Applicant: Merelafan Developments Henley Road Limited Planning Case Officer: Mr. R. Pedlar Departure: N EIA Development: Y EIA C onclusion: An environment statement has been submitted.
Decision Level/Reason for Report to Committee/Ward member call-in Committee (If Applicable) : (See main body of report).
Site Description
The site description is taken from the submitted Environmental Statement:
The Site is located in the open countryside to the east of Woolacombe, to the south of Bradwell Road, which connects to the B3343 Georgeham Road at its western end and the A361 at its eastern end in Dean Cross. It lies at the head of an east facing valley which extends towards West Down and Fullabrook Down.
The Site (which comprises two areas separated by Bradwell Road) previously contained a farmhouse and barns, but was developed into a holiday village, golf course and leisure facilities in stages from the 1980’s onwards.
The Site occupies an area of approximately 40.5ha. It is accessed from Willingcott Hill, which is located to the south of the Site.
73 holiday homes together with a clubhouse for the former golf course and an outdoor swimming pool, access roads and car parking currently occupy the north western portion of the Site. The Site forms a self-contained and distinct ‘village’.
The central/eastern area of the Site contains a number of linked ponds and the remnants of the 18-hole golf course which is currently closed and is overgrown. The northern area beyond Bradwell Road also contains the remnants of part of the golf course with a number of holes. There is no development on the northern Site area.
The golf course ceased operating in early 2016 following a prolonged period of trading at a loss. This leisure use remains the current Land Use.
The existing built form comprises a mixture of single storey, two and two and a half storey buildings, some in stone and others in a mixture of stone and white render.
There are some groups of semi mature trees and a number of individual trees in and around the built development. There are also some lines and small groups of trees (many of them evergreen) dividing the fairways of the golf course. Outside the area of existing buildings, the Site retains an open character and is made up of managed grassland and open water bodies.
A cutting of the former London and South Western Railway (Ilfracombe to Barnstaple) runs north west to south east through the Site. North Devon Council proposes to reuse this cutting as a cycle trail which would be an extension to the Tarka Trail. This proposed route of this trail through the Site is shown on the Proposals Map of the adopted North Devon and Torridge Local Plan.
No Public Rights of Way are currently present within the Site or on the boundary. The nearest footpath is Mortehoe Bridleway 4 to the west which follows Harnall’s Lane.
The Site is not subject to any statutory landscape designation, although it is located in close proximity to the eastern edge of the North Devon AONB. The landscape character of the Site is considered to be of no higher than of local importance and is not considered to be a "valued landscape" for the purposes of the Framework.
Beyond the Site the primary land use is agricultural. The Golden Coast Holiday Village and Willingcott Caravan and Motorhome Club site lie to the north west of the Site in Ossaborough.
Recommendation: Approved Legal Agreement Required:- No, if Section 111 payment made.
Planning History
Planning Decision Decision Date
10023 FULL PLANNING APPROVAL 24 October 1989
Proposal:APPROVAL OF DETAILS PROPOSED ERECTION OF CLUBHOUSE AND COVERED SWIMMING POOL.
11354 FULL PLANNING REFUSAL 6 March 1990
Proposal:PROPOSED 2 NO. TENNIS COURTS,BOWLING GREEN AND PAVILION TOGETHER WITH ASSOCIATED LANDSCAPING
11636 FULL PLANNING REFUSAL 9 May 1990
Proposal:PROPOSED CHANGE OF USE AGRICULTURAL LAND TO GOLF COURSE WITH TREE PLANTING SCHEME LANDSCAPING AND CAR PARKING.
12648 FULL PLANNING APPROVAL 18 March 1992
Proposal:PROPOSED CHANGE OF USE :AGRICULTURE TO GOLF COURSE SOLELY FOR USE OF RESIDENTS & BONA FIDE GUESTS OF HOLIDAY VILLAGE PLUS TREE PLANTING AND LANDSCAPING.
12869 WITHDRAWN 14 May 1996
Proposal:PROPOSED VARIATION OF OCCUPANCY CONDITIONS ATTACHED TO PLAN.PER.7310 AND 2/86/1302/66/1 TO ALLOW 50 WEEK USE INSTEAD OF EXISTING 44 WEEK USE.
13129 FULL PLANNING REFUSAL 22 January 1991
Proposal:PROPOSED RE-ERECTION OF RE-LOCATABLE BUILDING USED AS TEMPORARY SALES,PRESENTATION & ADMINISTRATION CENTRE IN CONNECTION WITH SALES OF HOLIDAY COTTAGES.
13541 FULL PLANNING APPROVAL 6 June 1991
Proposal:PROPOSED FORMATION OF TENNIS COURT.
15702 FULL PLANNING APPROVAL 21 July 1992
Proposal:PROPOSED TEMPORARY CHANGE OF USE OF EXISTING FARMHOUSE TO FORM OFFICES AND PRESENTATION SUITE FOR USE IN CONNECTION WITH THE SALE OF HOLIDAY COTTAGES.
15751 FULL PLANNING APPROVAL 11 August 1992
Proposal:PROPOSED VARIATION OF PLANNING CONSENT 10023 TO ALLOW CONSTRUCTION OF CLUBHOUSE AND COVERED SWIMMING POOL IN ACCORDANCE WITH AMENDED DESIGNS SHOWN ON DRAWING NUMBERS 92377.01,92377.02 AND 92377.04. (AMENDED PLANS)
18219 FULL PLANNING APPROVAL 1 February 1994
Proposal:PROPOSED CONVERSION OF GARAGE TO FORM BATHROOM.
20701 FULL PLANNING APPROVAL 27 July 1995
Proposal:PROPOSED SITING OF TEMPORARY DIRECTIONAL SIGN TO WILLINGCOTT VALLEY COTTAGES
21139 FULL PLANNING APPROVAL 18 December 1995
Proposal:PROPOSED FORMATION OF GOLF COURSE TOGETHER WITH LANDSCAPING AND ASSOCIATED WORKS (AMENDED LAYOUT & AREA TO GOLF COURSE APPROVED UNDER PLAN. PER. 12648)
21256 FULL PLANNING APPROVAL 21 November 1995
Proposal:PROPOSED CHANGE OF USE OF EXISTING LAUNDRY TO FORM GOLF SHOP
21257 FULL PLANNING APPROVAL 21 November 1995
Proposal:PROPOSED CONVERSION OF EXISTING WORKS SHED TO FORM CHANGING ROOMS FOR USE IN CONNECTION WITH GOLF COURSE, LAUNDRY, SAUNA, GAMES ROOM AND TROLLEY STORE
21258 FULL PLANNING APPROVAL 16 July 1997
Proposal:PROPOSED CONVERSION OF AND EXTENSION TO EXISTING FARMHOUSE TO FORM CLUBHOUSE FACILITIES AND ADDITIONAL HOLIDAY ACCOMMODATION TOGETHER WITH FORMATION OF ADDITIONAL CAR PARKING AREA
21492 FULL PLANNING APPROVAL 30 January 1996
Proposal:RETROSPECTIVE APPLICATION IN RESPECT OF ERECTION OF 3 NO. AGRICULTURAL SHEDS
21824 FULL PLANNING APPROVAL 8 February 1999
Proposal:PROPOSED REMOVAL OF CONDITION 3 (RESTRICTION ON USE) ATTACHED TO PLAN. PER. 21139 TO ALLOW USE OF GOLF COURSE BY NON- RESIDENTS OF HOLIDAY VILLAGE
22015 WITHDRAWN 5 March 1999
Proposal:PROPOSED DEMOLITION OF EXISTING AGRICULTURAL BUILDING AND ERECTION OF NEW MAINTENANCE/STORAGE BUILDING FOR USE IN CONNECTION WITH GOLF COURSE
22016 FULL PLANNING APPROVAL 30 September 2002
Proposal:PROPOSED CONVERSION OF EXISTING LAUNDRY BUILDING TO FORM ADDITIONAL ACCOMMODATION ANCILLARY TO CLUBHOUSE AND ACCOMMODATION COMPLEX
22862 FULL PLANNING APPROVAL 16 July 1997
Proposal:PROPOSED CONVERSION OF AND EXTENSION TO EXISTING FARMHOUSE/ GUESTHOUSE TO FORM CLUBHOUSE INCLUDING SHOP AND RESTAURANT
22863 FULL PLANNING REFUSAL 10 December 1996
Proposal:PROPOSED SITING OF ILLUMINATED FREE STANDING ENTRANCE SIGN
22893 FULL PLANNING APPROVAL 29 November 1996
Proposal:PROPOSED SITING OF TEMPORARY CHANGING ROOM FACILITIES
23354 FULL PLANNING APPROVAL 17 March 1997
Proposal:PROPOSED SITING OF NON-ILLUMINATED FREE STANDING ENTRANCE SIGN
24728 FULL PLANNING APPROVAL 14 January 1998
Proposal:PROPOSED TEMPORARY CHANGE OF USE OF EXISTING FUNCTION/SNOOKER ROOM TO FORM CHANGING ROOMS
27001 FINALLY DISPOSED OF 29 May 2008
Proposal:PROPOSED FORMATION OF NEW ACCESS AND DRIVEWAY TO SERVE MYRTLE COTTAGE AND WILLINGCOTT VILLAGE TOGETHER WITH CLOSURE OF EXISTING ACCESS TO HOLIDAY VILLAGE (AMENDED PLANS & APPLICATION SITE AREA)
27999 FULL PLANNING APPROVAL 2 October 2001
Proposal:ALTERATIONS TO LAYOUT AND EXTENSION OF EXISTING 9 HOLE GOLF COURSE TO FORM 18 HOLE GOLF COURSE TOGETHER WITH ASSOCIATED WORKS ( AMENDED PLANS)
30438 FULL PLANNING APPROVAL 19 April 2001
Proposal:CONTINUED USE OF FUNCTION/SNOOKER ROOM AS CHANGING ROOMS ( RENEWAL OF 24728)
30540 CERT OF LAWFULNESS 12 April 2001 REFUSED
Proposal:APPLICATION FOR A CERTIFICATE OF LAWFULNESS FOR AN EXISTING USE IN BREACH OF PLANNING CONDITION 1 ( OCCUPANCY) ATTACHED TO PLANNING CONSENT 2/86/786/66/3 IN RESPECT OF OCCUPATION OF PROPERTY AS PERMANENT DWELLING
31765 CERT OF LAWFULNESS 28 February 2002 REFUSED
Proposal:CERTIFICATE OF LAWFULNESS FOR AN EXISTING USE OF PROPERTY AS FULL RESIDENTIAL DWELLING
33179 FULL PLANNING APPROVAL 25 July 2002
Proposal:VARIATION OF HOLIDAY OCCUPANCY CONDITION ATTACHED TO PLANNING CONSENT 2/85/949/66/3 TO ALLOW ALL YEAR ROUND HOLIDAY OCCUPANCY
33249 FULL PLANNING APPROVAL 16 October 2002
Proposal:ERECTION OF 9 NO. HOLIDAY COTTAGES
33344 FULL PLANNING APPROVAL 24 July 2002
Proposal:REPLACEMENT OF EXISTING 2 NO. WINDOWS WITH FRENCH DOORS
33525 FULL PLANNING + S106 17 April 2007 APPROVAL
Proposal:CONVERSION OF & EXTENSION TO EXISTING FARMHOUSE TO FORM CLUBHOUSE FACILITIES & ADDITIONAL HOLIDAY ACCOMMODATION TOGETHER WITH FORMATION OF ADDITIONAL CAR PARKING AREA (RENEWAL OF 21258)
34449 FULL PLANNING + S106 11 June 2009 APPROVAL
Proposal:EXTENSION TO EXISTING CLUBHOUSE
34601 WITHDRAWN 17 March 2003
Proposal:EXTENSION TO DWELLING
36238 FULL PLANNING APPROVAL 27 November 2003
Proposal:ERECTION OF 10 HOLIDAY COTTAGES
37702 FULL PLANNING APPROVAL 2 July 2004
Proposal:CONTINUED USE OF FUNCTION / SNOOKER ROOM AS CHANGING ROOMS (RENEWAL OF PLANNING PERMISSION 30438 )
37727 FULL PLANNING APPROVAL 27 August 2004
Proposal:ERECTION OF CONSERVATORY
38703 FULL PLANNING APPROVAL 2 December 2004
Proposal:ERECTION OF UPVC CONSERVATORY (VARIATION OF CONDITION 2 - MATERIALS - ATTACHED TO PLANNING PERMISSION 37727)
39489 FULL PLANNING APPROVAL 21 April 2005
Proposal:EXTENSION TO DWELLING
40478 FULL PLANNING APPROVAL 22 August 2005
Proposal:ERECTION OF 9 UNITS OF HOLIDAY ACCOMMODATION
41639 FULL PLANNING APPROVAL 27 March 2006
Proposal:VARIATION OF CONDITION (HOLIDAY OCCUPANCY OF 10 MONTHS) TO ALLOW 12 MONTHS OCCUPANCY(FURTHER INFORMATION)
42508 FULL PLANNING APPROVAL 4 October 2006
Proposal:ERECTION OF 9 UNITS OF HOLIDAY ACCOMMODATION (AMENDMENT TO PLANNING PERMISSION 40478)
43068 WITHDRAWN 10 October 2006
Proposal:VARIATION OF CONDITION TO CHANGE OCCUPANCY RESTRICTION ON HOLIDAY LET FROM 10 MONTHS TO 12 MONTHS
43281 WITHDRAWN 22 December 2006
Proposal:INSTALLATION OF 1 NON-ILLUMINATED ENTRANCE SIGN
43486 FULL PLANNING APPROVAL 18 April 2007
Proposal:ERECTION OF 9 UNITS OF HOLIDAY ACCOMMODATION (AMENDMENTS TO PLANNING PERMISSION 40478)
43989 ADVERT APPROVAL 14 May 2007
Proposal:SITING OF 2 NON-ILLUMINATED ENTRANCE SIGNS
44581 FULL PLANNING REFUSAL 27 July 2007
Proposal:OUTLINE APPLICATION FOR 1 DWELLING
45079 FULL PLANNING APPROVAL 8 October 2007
Proposal:ERECTION OF WALL EITHER SIDE OF ENTRANCE
45153 FULL PLANNING APPROVAL 5 November 2007
Proposal:EXTENSION OF 10 MONTH HOLIDAY OCCUPANCY RESTRICTION TO 12 MONTHS
45309 FULL PLANNING APPROVAL 15 November 2007
Proposal:CONVERSION OF LAUNDRY BUILDING TO FORM ADDITIONAL ACCOMMODATION ANCILLARY TO CLUBHOUSE & ACCOMMODATION COMPLEX (RENEWAL OF UNIMPLEMENTED PLANNING PERMISSION 22016)
46807 OUTLINE REFUSAL 25 July 2008
Proposal:OUTLINE APPLICATION FOR ERECTION OF 1 UNIT OF HOLIDAY ACCOMMODATION
49073 FULL PLANNING APPROVAL 16 November 2009
Proposal:INTERNAL & EXTERNAL ALTERATIONS TO MANAGERS ACCOMMODATION TOGETHER WITH TEMPORARY SITING OF CARAVAN
49453 APPROVE NON-MATERIAL 23 December 2009 AMENDMENT
Proposal:APPLICATION FOR A NON MATERIAL AMENDMENT TO PLANNING PERMISSION 49073 IN RESPECT OF ALTERATIONS TO ACCESS & OPENINGS
49938 FULL PLANNING APPROVAL 10 May 2010
Proposal:VARIATION OF CONDITION 5 (10 MONTH OCCUPATION) ATTACHED TO PLANNING PERMISSION 7310 TO ALLOW 12 MONTH HOLIDAY OCCUPATION
52224 FULL PLANNING APPROVAL 21 October 2011
Proposal:APPLICATION FOR REMOVAL OF CONDITION 2 (RESTRICTED USE OF CLUBHOUSE EXTENSION) ATTACHED TO PLANNING PERMISSION 34449, REMOVAL OF CONDITION 2 (RESTRICTED USE OF CLUBHOUSE FACILITIES) ATTACHED TO PLANNING PERMISSION 33525 & REMOVAL OF CONDITION 3 (RESTRICTED USE OF DEVELOPMENT) ATTACHED TO PLANNING PERMISSION 22862
52375 FULL PLANNING APPROVAL 18 October 2011
Proposal:CONVERSION OF BARN / STORE TO FORM ONE UNIT OF HOLIDAY ACCOMODATION
53816 FULL PLANNING APPROVAL 24 May 2012
Proposal:EXTENSION OF TIME LIMIT FOR IMPLEMENTATION OF PLANNING PERMISSION 33525 CONVERSION OF AND EXTENSION TO EXISTING FARMHOUSE TO FORM CLUBHOUSE FACILITIES & ADDITIONAL HOLIDAY ACCOMMODATION TOGETHER WITH FORMATION OF ADDITIONAL CAR PARKING AREA
55415 FULL PLANNING APPROVAL 30 July 2013
Proposal:OUTLINE APPLICATION FOR ERECTION OF 8 UNITS OF HOLIDAY ACCOMMODATION
55839 ADVERT REFUSAL 1 August 2013
Proposal:SITING OF 5 NON-ILLUMINATED DIRECTIONAL SIGNS (AMENDED DESCRIPTION & SITE ADDRESS)
56027 ADVERT APPROVAL 5 September 2013
Proposal:SITING OF ONE ILLUMINATED ENTRANCE SIGN & ONE NON- ILLUMINATED ADVERTISEMENT SIGN (AMENDED PLANS)
56479 FULL PLANNING APPROVAL 4 December 2013
Proposal:VARIATION OF CONDITION 2 OF PLANNING PERMISSION 2/79/2428/66/3 AND CONDITIION 2 OF PLANNING PERMISSION 2/83/1422/66/3 TO ALLOW 12 MONTH USE AS A HOLIDAY UNIT AND REMOVAL OF CONDITION 1 OF PLANNING PERMISSION 2/83/1422/66/3 RELATING TO USE ONLY AS PROPRIETORS, MANAGERS OR STAFF ACCOMMODATION.
57083 APPROVE NON-MATERIAL 12 March 2014 AMENDMENT
Proposal:APPLICATION FOR A NON-MATERIAL AMENDMENT TO PLANNING PERMISSION 52375 IN RESPECT OF CHANGE OF WINDOW AND DOOR FRAME MATERIAL
57334 FULL PLANNING APPROVAL 5 June 2014
Proposal:VARIATION OF CONDITION 5 (OCCUPANCY RESTRICTION) ATTACHED TO PLANNING PERMISSION 7310 TO ALLOW 12 MONTHS HOLIDAY OCCUPANCY
57507 FULL PLANNING APPROVAL 8 July 2014
Proposal:RETROSPECTIVE APPLICATION FOR ERECTION OF REPLACEMENT STORE BUILDING
59601 WITHDRAWN 28 August 2015
Proposal:ERECTION OF REPLACEMENT STORAGE UNIT / GARAGE
60194 PRIOR APP CHANGE USE 17 December 2015 REFUSED
Proposal:PRIOR APPROVAL FOR A CHANGE OF USE FROM STORAGE OR DISTRIBUTION BUILDINGS (CLASS B8) AND ANY LAND WITHIN ITS CURTILAGE TO DWELLINGHOUSES (CLASS C3)
60603 FULL PLANNING APPROVAL 24 May 2016
Proposal:VARIATION OF CONDITION (10 MONTH OCCUPANCY RESTRICTION) ATTACHED TO PLANNING CONSENT 2/85/949/66/3 (PROPOSED ALTERATION OF CONDITION C ATTACHED TO 2/75/42/6/3, CONDITION 2 ATTACHED TO 2/79/2428/66/3 & CONDITION 3 ATTACHED TO 2/84/1102/66/3 TO EXTEND OCCUPATION PERIOD TO 15TH MARCH - 15TH JANUARY) TO ALLOW 12 MONTH OCCUPANCY
61327 FULL PLANNING APPROVAL 26 July 2016
Proposal:REMOVAL OF CONDITION 5 (HOLIDAY OCCUPANCY RESTRICTION) ATTACHED TO PLANNING PERMISSION 7310 APPROVAL OF DETAILS PROPOSED 24 NO HOLIDAY COTTAGES TO ALLOW THE COTTAGE TO OCCUPIED AS A HOLIDAY COTTAGE FOR 12 MONTHS OF THE YEAR
61967 FINALLY DISPOSED OF 12 October 2017
Proposal:CONVERSION OF GOLF CLUB HOUSE TO FORM THREE UNITS OF HOLIDAY ACCOMMODATION
619 88 FULL PLANNING APPROVAL 5 December 2016
Proposal:VARIATION OF CONDITION 5 (OCCUPANCY RESTRICTION) ATTACHED TO PLANNING PERMISSION 7310 (APPROVAL OF DETAILS PROPOSED 24 HOLIDAY LODGES) TO ALLOW 12 MONTHS OCCUPANCY INSTEAD OF 10
62016 FULL PLANNING APPROVAL 5 December 2016
Proposal:VARIATION OF CONDITIONS (10 MONTH OCCUPANCY RESTRICTION) ATTACHED TO PLANNING CONSENT 2/85/949/66/3 (PROPOSED ALTERATION OF CONDITION C ATTACHED TO 2/75/42/6/3, CONDITION 2 ATTACHED TO 2/79/2428/66/3 & CONDITION 3 ATTACHED TO 2/84/1102/66/3 TO EXTEND OCCUPATION PERIOD TO 15TH MARCH - 15TH JANUARY) TO ALLOW 12 MONTH OCCUPANCY
62117 FINALLY DISPOSED OF 12 October 2017
Proposal:OUTLINE APPLICATION FOR ERECTION OF 11 HOLIDAY UNITS (PLUS RECEPTION/SHOP & RECYCLING CENTRE) SOME MATTERS RESERVED
63409 FULL PLANNING APPROVAL 6 September 2017
Proposal:VARIATION OF CONDITIONS 4 (OCCUPANCY RESTRICTION) ATTACHED TO PLANNING PERMISSION 86/1302/66/1 (PROPOSED HOLIDAY UNITS & CLUBHOUSE WITH SEWERAGE TREATMENT PLANT) & 5 (OCCUPANCY RESTRICTION) ATTACHED TO PLANNING PERMISSION 7310 (APPROVAL OF DETAILS: PROPOSED 24 NO. HOLIDAY COTTAGES) TO ALLOW HOLIDAY USE ALL YEAR
63565 FULL PLANNING APPROVAL 8 September 2017
Proposal:VARIATION OF CONDITION 4 (OCCUPANCY RESTRICTION) ATTACHED TO PLANNING PERMISSION 86/1302/66/1 (PROPOSED HOLIDAY UNITS & CLUBHOUSE WITH SEWERAGE TREATMENT PLANT) & CONDITION 5 (OCCUPANCY RESTRICTION) ATTACHED TO PLANNING PERMISSION 7310 (APPROVAL OF DETAILS PROPOSED 24 NO. HOLIDAY COTTAGES) TO ALLOW HOLIDAY USE ALL YEAR
65293 Approved 13 September 2018
Proposal:VARIATION OF CONDITION 5 (OCCUPANCY RESTRICTION) ATTACHED TO PLANNING PERMISSION 7310 (APPROVAL OF DETAILS PROPOSED 24 NO. HOLIDAY COTTAGES) TO ALLOW A CHANGE FROM 10 MONTHS TO 12 MONTHS HOLIDAY OCCUPANCY
7308 FULL PLANNING APPROVAL 24 October 1989
Proposal:PROPOSED ERECTION OF SUBSTATION AND SWITCHGEAR BUILDING.
7309 FULL PLANNING APPROVAL 24 October 1989
Proposal:PROPOSED ERECTION OF GARAGES AND STORAGE /PLANT BUILDING.
7310 FULL PLANNING APPROVAL 7 August 1990
Proposal:APPROVAL OF DETAILS: PROPOSED 24 NO. HOLIDAY COTTAGES
74/0002/66/01 FULL PLANNING REFUSAL 27 March 1975
Proposal:PROPOSED CONVERSION: FARM BUILDINGS INTO HOLIDAY FLATLETS WITH ACCESS
75/0042/66/03 FULL PLANNING APPROVAL 9 July 1975
Proposal:PROPOSED CONVERSION: OBSOLETE AGRICULTURAL BUILDINGS TO HOLIDAY FLATLETS
75/0049/66/03 FULL PLANNING APPROVAL 19 September 1975
Proposal:PROPOSED CONVERSION OF OBSOLETE AGRICULTURAL BUILDINGS TO HOLIDAY COTTAGES/FLATLETS
78/0604/66/04 FULL PLANNING REFUSAL 24 May 1978
Proposal:PROPOSED CHANGE OF USE: AGRICULTURE TO TOURING CARAVAN AND CAMPING SITE WITH CONVERSION OF EXISTING BUILDING TO PROVIDE TOILET AND WASHING FACILITIES
7840 FULL PLANNING APPROVAL 8 August 1990
Proposal:PROPOSED NEW ACCESS ROAD.
79/0717/66/04 FULL PLANNING REFUSAL 25 June 1979
Proposal:CHANGE OF USE: AGRICULTURE TO TOURING CARAVAN AND CAMPING SITE
79/2428/66/03 FULL PLANNING APPROVAL 11 February 1980
Proposal:PROPOSED CONVERSION OF OUTBUILDINGS TO FORM HOLIDAY COTTAGES/FLATLETS (RENEWAL 75/0049/66/03)
79/2429/66/03 FULL PLANNING APPROVAL 1 May 1980
Proposal:PROPOSED CONVERSION OF EXISTING FARMHOUSE TO FORM GUESTHOUSE
83/1422/66/03 FULL PLANNING APPROVAL 27 September 1983
Proposal:PROPOSED AMENDMENT TO CONDITION NO. 2 ATTACHED TO PLANNING PERMISSION NO. 79/2428/66/03 (RESTRICTION OF PERIOD OF OCCUPATION), CONVERSION OF OUTBUILDINGS TO FORM HOLIDAY COTTAGES/FLATLETS
84/1102/66/03 FULL PLANNING APPROVAL 4 October 1984
Proposal:PROPOSED EXTENSION TO EXISTING FARMBUILDINGS TO FORM 6 NO. HOLIDAY UNITS
84/1357/66/03 FULL PLANNING APPROVAL 28 September 1984
Proposal:PROPOSED SWIMMING POOL
84/2028/66/03 FULL PLANNING APPROVAL 22 January 1985
Proposal:PROPOSED WINDOW TO EAST ELEVATION
85/0949/66/03 FULL PLANNING APPROVAL 16 July 1985
Proposal:PROPOSED ALTERATION OF CONDITION C) ATTACHED TO 75/0042/66/03, CONDITION 2 ATTACHED TO 79/2428/66/03 AND CONDITION 3 ATTACHED TO 84/1102/66/03 TO EXTEND OCCUPATION PERIOD TO 15TH MARCH - 15TH JANUARY
85/1214/66/01 OUTLINE REFUSAL 28 August 1985
Proposal:OUTLINE APPLICATION: PROPOSED HOLIDAY UNITS, CLUBHOUSE, SWIMMING POOL AND SEWAGE TREATMENT PLANT
85/1508/66/03 FULL PLANNING APPROVAL 1 October 1985
Proposal:PROPOSED CHANGE OF USE: BARN TO PRIVATE SNOOKER ROOM
85/1743/66/03 FULL PLANNING REFUSAL 18 November 1985
Proposal:PROPOSED DEMOLITION OF CONCRETE FRAMED SHED (DISUSED) AND CONSTRUCTION OF 2 NO. HOLIDAY COTTAGES
85/1744/66/03 FULL PLANNING APPROVAL 12 November 1985
Proposal:PROPOSED ALTERATIONS TO OUTBUILDINGS, USE TO REMAIN AS GARAGE AND STORAGE
85/1889/66/03 FULL PLANNING APPROVAL 10 December 1985
Proposal:PROPOSED CAR PARK FOR EXISTING HOLIDAY DEVELOPMENT
85/2017/66/03 FULL PLANNING APPROVAL 10 December 1985
Proposal:PROPOSED CONVERSION OF DISUSED FARM BUILDINGS TO FORM 1 NO. HOLIDAY UNIT AND LAUNDRY
85/2328/66/03 FULL PLANNING APPROVAL 17 March 1986
Proposal:PROPOSED DEMOLITION OF EXISTING CONCRETE FRAMED BARN AND ERECTION OF HOLIDAY BUNGALOW
86/0337/66/03 FULL PLANNING REFUSAL 15 April 1986
Proposal:PROPOSED REMOVAL OF CONDITION 1(I) (PROVISION OF HEDGEBANK) ATTACHED TO PLANNING CONSENT 85/1889/66/03
86/0786/66/03 FULL PLANNING APPROVAL 5 August 1986
Proposal:PROPOSED CONVERSION OF EXISTING GARAGE/STORE TO FORM HOLIDAY BUNGALOW
86/1302/66/01 OUTLINE REFUSAL 5 August 1986
Proposal:OUTLINE APPLICATION, PROPOSED HOLIDAY UNITS & CLUBHOUSE WITH SEWAGE TREATMENT PLANT
86/1303/66/04 FULL PLANNING REFUSAL 5 August 1986
Proposal:PROPOSED CHANGE OF USE, AGRICULTURE TO GOLF COURSE
86/1304/66/01 OUTLINE REFUSAL 27 August 1986
Proposal:OUTLINE APPLICATION: PROPOSED HOLIDAY UNITS WITH SEWAGE TREATMENT PLANT
865 FULL PLANNING REFUSAL 19 May 1987
Proposal:PROPOSED ERECTION OF PAVILION AND BOWLING GREEN.
965 FULL PLANNING REFUSAL 4 June 1987
Proposal:PROPOSED FORMATION OF ROUNDABOUT AND ACCESS ROAD TO HOLIDAY VILLAGE.
9942 FULL PLANNING APPROVAL 12 September 1989
Proposal:PROPOSED DEMOLITION OF EXISTING WING AND REPLACEMENT WITH NEW EXTENSION.
9943 FULL PLANNING REFUSAL 24 October 1989
Proposal:PROPOSED CHANGE OF USE OF AGRICULTURAL LAND TO FORM GOLF COURSE. (AMENDED DESCRIPTION)
NI/14372 FULL PLANNING REFUSAL 8 April 1971
Proposal:PROPOSED HOLIDAY (TOURING) CARAVAN SITE & TENTED CAMPING SITE
NI/15944 FULL PLANNING REFUSAL 21 August 1972
Proposal:PROPOSED USE OF LAND AS A TOURING CARAVAN SITE, ERECTION OF TOILET BLOCK AND INSTALLATION OF SEPTIC TANK
NI/19055 FULL PLANNING REFUSAL 7 January 1974
Proposal:PROPOSED HOLIDAY (TOURING) CARAVAN SITE AND TENTED CAMPING SITE AND ACCESS
Constraints/Planning Policy
Constraint / Local Plan Policy Distance (Metres) Advert Control Area Area of Special Advert Control Within constraint Non Mains Drainage Site: 61967 Within constraint Non Mains Drainage Site: 59601 Within constraint Landscape Character is: 3H Secluded Valleys Within constraint Landscape Character is: 5C Downland Within constraint Non Mains Drainage Site: 45079 Within constraint Non Mains Drainage Site: 44581 Within constraint Non Mains Drainage Site: 43989 Within constraint Non Mains Drainage Site: 43486 Within constraint USRN: 27504291 Road Class:Q Ownership: Private Within constraint USRN: 27500014 Road Class:C Ownership: Highway Within constraint Authority Non Mains Drainage Site: 52375 Within constraint Non Mains Drainage Site: 46807 Within constraint Non Mains Drainage Site: 45309 Within constraint Chivenor Safeguard Zone Consultation Structure or works Within constraint exceeding 10.7m Chivenor Safeguard Zone Consultation Any Development Within constraint Within Surface Water 1 in 30 Within constraint Within Surface Water 1 in 100 Within constraint Within Surface Water 1 in 1000 Within constraint Within Adopted Coast and Estuary Zone Within constraint Within 50m of Adopted Proposed Footpath/Cycle Within constraint Route:ST10 Knowle to Willingcott Link Within Adopted Unesco Biosphere Transition (ST14) Within constraint
SSSI Impact Risk Consultation Area Within constraint SSSI Impact Risk Consultation Area Within constraint
DM01 - Amenity Considerations DM02 - Environmental Protection DM03 - Construction and Environmental Management DM04 - Design Principles DM05 - Highways DM06 - Parking Provision DM07 - Historic Environment DM08 - Biodiversity and Geodiversity DM08A - Landscape and Seascape Character DM10 - Green Infrastructure Provision DM18 - Tourism Accommodation ST01 - Principles of Sustainable Development ST03 - Adapting to Climate Change and Strengthening Resilience ST04 - Improving the Quality of Development ST05 - Sustainable Construction and Buildings ST07 - Spatial Development Strategy for Northern Devon’s Rural Area ST09 - Coast and Estuary Strategy ST10 - Transport Strategy ST13 - Sustainable Tourism ST14 - Enhancing Environmental Assets ST23 - Infrastructure
Consultees
Name Comment Building Control No adverse comments but as with all new builds Fire Brigade Manager access will be required to within 45 metres of the footprint of each dwelling and be in accordance with B5, Approved Reply Received Document B. In addition the dwellings should be 18 October accessible in accordance with Approved Document M. 2019 A full building regulation compliance check will be made upon receipt of a building regulation application. Councillor M Wilkinson
DCC - I have now had the opportunity to consider the proposed Development development and my consultation Management response is provided in the knowledge of the restrictions Highways associated with "Bradwell Road" and "Willingcott Hill". In particular, the carriageway width, lack of Reply Received grass verges and limited 11 October public passing places. However, it is noted the following key 2019 elements associated with the existing development, being authorised uses/consents, are to be formally removed and or rescinded: 1) 18 hole Golf Course 2) Public House 3) Consented 10 no. unit scheme This leads to the conclusion there is a theoretical net reduction in vehicles travelling to and from the site. On this basis, the Local Highway Authority reasons a refusal of planning permission cannot be substantiated on highway grounds and the formal view is one of 'No Objections'. The following condition is recommended in controlling construction activities associated with the development: 1) Prior to commencement of the development hereby approved, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority. Details shall include control measures for dust, noise, lighting, delivery locations, restriction of hours of work and all associated activities audible beyond the site boundary to 0800 hours to 1800 hours Mondays to Fridays and 0800 to 1300 hours on Saturdays, advance notification to neighbours and other interested parties of proposed works and public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The development shall be carried out in accordance with the approved details. Reason To protect the occupiers of buildings within the vicinity from noise disturbance and dust and limit inconvenience for all road users. DCC - Lead Recommendation: Local Flood Although we have no in-principle objection to the above planning Authority application at this stage, the applicant must submit additional information, as outlined below, in order to Reply Received demonstrate that all aspects of the 3 October 2019 proposed surface water drainage management system have been considered.
Observations: The applicant has proposed to manage surface water via infiltration where possible. Areas where infiltration is not viable shall be managed via attenuation. The site is very steep in places so a further Ground Investigation will be required, should planning permission be granted. This investigation should explore the ground conditions to deeper depths to enable an assessment of slope stability and groundwater emergence due to soakaway's. The applicant should submit calculations for the proposed greenfield runoff rates. The applicant has determined that the storage and maintenance shed shall drain to a soakaway labelled SA5 (as labelled on the Proposed Surface Water Drainage Layout). However, no model outputs have been submitted to demonstrate the sizing of this soakaway. The applicant should submit model outputs. The applicant has proposed for attenuated surface water to be discharged to the existing ponds (except for the two most easterly attenuation tanks). However, the levels and outfalls of these ponds are not understood. The applicant should confirm the suitability of discharging to these features. For the areas proposed to be managed via attenuation, the applicant has proposed to split the areas so that multiple tanks are required. However, for the northern attenuation tanks, small flow controls are required. The applicant should clarify whether the proposed system serving the northern area could be revised to allow larger controls still restricted to greenfield runoff rates (e.g. managed via one single attenuation tank with a larger flow control). The applicant should confirm the proposed depths of the filter trenches. The applicant should also confirm the total area of access roads that will drain to the proposed filter trenches. The applicant has provided a maintenance schedule for the proposed soakaways and a brief description of maintenance for the filter trenches and attenuation tanks. However, the applicant should provide a maintenance schedule for the proposed filter trenches and attenuation tanks. The applicant has discussed exceedance flow routes within the submitted Flood Risk Assessment Incorporating Surface and Foul Water Drainage Strategies (Ref. J- 677-Rev.02; Rev. 02; dated 23rd July 2019). However, as this is a full planning application, a plan depicting these routes should be submitted.
(Further comments awaited)
Designing Out Police have no objections to the proposal and welcome the Crime Officer intention to include many aspects, principles and practices of Crime Prevention, including CCTV and intruder alarms, Reply Received throughout the site, as detailed in the comprehensive 17 September Crime & Disorder Statement. 2019 I note the proposed layout, boundary treatments and parking provision, given the site limitations and the intended holiday use I feel this is an acceptable balance from a safety and security perspective. I also feel the lighting is satisfactory, providing it is definitely sufficient to enable visitors to move around safely when dark. It is recommended all doors and windows are sourced from a Secured by Design (SBD) member company. SBD requires that doors and windows are not only tested to meet PAS 24 (2016) standard by the product manufacturer, but independent third-party certification from a UKAS accredited independent third-party certification authority is also in place, thus reducing much time and effort in establishing the provenance of non SBD approved products. SBD also incorporates a bespoke element to assist in the crime prevention approach with regard to listed buildings and heritage status. Existing hedgerow is also likely to comprise new site and plot boundaries, therefore it must be fit for purpose. Hedges should be of sufficient height and depth to provide both a consistent and effective defensive boundary as soon as residents move in. If additional planting will be required to achieve this, then temporary fencing may be required until such planting has matured. Any hedge must be of a type which does not undergo radical seasonal change which would affect its security function. Please do not hesitate to contact me if any clarification is sought or I can assist further. Economic Comments awaited. Regeneration Officer
Environment Environment Agency position Agency We recommend that this application is not determined until the applicant demonstrates Reply Received that there will be no adverse impacts on the local environment from 10 October the development. 2019 The reason for this position and advice is provided below. Reason – We are pleased to see that given the large number of cottages being proposed that connection to SWW’s foul sewer is proposed. We presume from the application that the flows will go to the Woolacombe Sewage Treatment Works. Despite this connection, we do have concerns that during peak season, given the number of cottages proposed, the connection could provide an additional pressure to this network in the area. We have concerns that that the connection could result in a deterioration in SWW’s final quality effluent which is discharged very close to two designated bathing waters; Combesgate Beach and Woolacombe Village. Both of these bathing waters are currently classified as ‘Excellent’. Given the potential for the foul sewage flow to vary throughout the year as tourism levels vary, we would expect SWW to adjust their treatment accordingly to account for this. The applicant will need to get confirmation from SWW that they have sufficient headroom in their existing permit to accommodate the additional proposed flows. We would also like to raise the concern that a potential increased number of CSO spills could occur as a result of the system being overloaded, particularly in wet weather, as a result of this extra flow from the proposed development. We also note that the application refers to a CEMP for the development, however this does not appear to have been submitted .We would welcome review of the CEMP. Please contact us again if you require any further advice.
19/11/19 We have reviewed further information submitted and confirm we have no objections to this development. Environmental I have reviewed this application in relation to Environmental Health Manager Protection matters and comment as follows: 1 Noise Statement Reply Received I could not find any consideration of potential noise impacts 17 September associated with the proposals within the 2019 Environmental Statement. I consider that construction phase noise impacts can be adequately addressed within a section of the Construction Environmental Management Plan (see below). However, consideration needs to be given to potential operational noise impacts associated with the proposals. Such impacts might, for example, relate to effects at existing residential properties of any new external plant, outside play areas etc. Similarly, if their are proposals to significantly alter operating hours such as of the refurbished clubhouse as a result of the proposed expansion of facilities this should be taken into account. I recommend the Applicant be asked to provide a noise statement with a view to clarifying whether any potentially significant noise impacts may arise and setting out how such impacts will be assessed or mitigated if relevant. The statement should be prepared by a suitably qualified and experienced person (Member of the Institute of Acoustics or equivalent), having regard to appropriate standards and guidance. 2 Land Contamination I note the proposals include creation of potentially contamination sensitive uses such as children's outside play areas. I therefore recommend the following conditions be included: Contaminated Land Phase 1 Condition Prior to the commencement of any site clearance, groundworks or construction, the local planning authority shall be provided with the results of a phase one survey for potential ground contamination. The report shall be prepared by a suitably qualified person and be sufficient to identify any and all potential sources of ground contamination on any part of the development site. Thereafter, depending on the outcome of phase one, a proposal for any phase two (intrusive) survey that may be required shall be presented to and agreed with the planning authority. Reason: To ensure that risks from land contamination to future users of the land and neighbouring land, together with those to controlled waters, property and ecological systems are identified and, where necessary, remediated in accordance with the National Planning Policy Framework.
- Contaminated Land Reactive Condition Should any contamination of soil or groundwater not previously identified be discovered during development of the site, the Local Planning Authority should be contacted immediately. Site activities within that sub-phase or part thereof, should be temporarily suspended until such time as a procedure for addressing such contamination, within that sub-phase or part thereof, is agreed upon with the Local Planning Authority or other regulating bodies. Reason: To ensure that any contamination existing and exposed during the development is identified and remediated. 3 Construction Phase Impacts In order to ensure that nearby residents are not unreasonably affected by dust, noise or other impacts during the construction phase of the development I recommend the following conditions be imposed: - Construction Environmental Management Plan Condition Prior to the commencement of development, including any site clearance, groundworks or construction within each sub-phase (save such preliminary or minor works that the Local Planning Authority may agree in writing), a Construction Environmental Management Plan (CEMP) to manage the impacts of construction during the life of the works, shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt and where relevant, the CEMP shall include:- a) measures to regulate the routing of construction traffic; b) the times within which traffic can enter and leave the site; c) details of any significant importation or movement of spoil and soil on site; d) details of the removal /disposal of materials from site, including soil and vegetation; e) the location and covering of stockpiles; f) details of measures to prevent mud from vehicles leaving the site / wheel-washing facilities; g) control of fugitive dust from demolition, earthworks and construction activities; dust suppression; h) a noise control plan which details hours of operation and proposed mitigation measures; i) location of any site construction office, compound and ancillary facility buildings; j) specified on-site parking for vehicles associated with the construction works and the provision made for access thereto; k) a point of contact (such as a Construction Liaison Officer/site manager) and details of how complaints will be addressed. The details so approved and any subsequent amendments as shall be agreed in writing by the Local Planning Authority shall be complied with in full and monitored by the applicants to ensure continuing compliance during the construction of the development. Reason: To minimise the impact of the works during the construction of the development in the interests of highway safety and the free-flow of traffic, and to safeguard the amenities of the area. To protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway. - Construction Hours Condition During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site outside the following times: a) Monday - Friday 07.00 - 19.00, b) Saturday 08.00 - 13.00 c) nor at any time on Sunday, Bank or Public holidays. Reason: To protect the amenity of local residents 4 Advisory Note: Asbestos The existing buildings for refurbishment etc. may be of an age where materials containing asbestos were used in their construction or subsequent modification.Buildings built after 1990 are much less likely to incorporate asbestos containing materials (ACMs) than those built prior to this date. If ACMs may be present, a survey should be undertaken by a competent person prior to works commencing. Where ACMs are present they must be treated and where relevant be disposed of in accordance with current legislation and guidance. 5 Advisory Note: Health and Safety The proposals include an indoor swimming pool and children's play areas. The applicant should be advised to contact North Devon Council's Health & Safety team if they have any doubts as to health and safety responsibilities and requirements relating to the proposals. Landscaping & Comments awaited. Countryside Officer
Mortehoe Parish Council
Mortehoe Parish Whilst members welcomed the environmental aspects of the Council application and the planned completion of the Tarka Trail, they voiced a number of concerns Reply Received regarding the proposed 22 October changes: 2019 1. Sewage and Drainage - members took note of the concerns raised by the Environment Agency and Natural England regarding the potential for overloading the existing system. They echoed the danger of possible discharges into the sea with the potential for impact on the two designated bathing beaches and Marine Conservation Zone. Members confirmed that the existing 7" pipe currently serving the whole of the community was inadequate and urgently needed upgrading. There had been two incidents of discharges straight into the sea and severe pressure on the system during peak season and every time there was heavy rain. The council would wish to see a delay in determination of the application until the full report as requested by Natural England on the potential impact on the Marine Conservation Area and reassurances and CEMP as requested by the Environment Agency are produced. 2. Highways – members felt that the existing road network was inadequate for such a large development with narrow access on the steep hills of Willingcott and Bradwell. They felt that traffic should be directed via the wider roads at Turnpike Cross although this junction was narrow, dangerous and subject to flooding. 3. Scale of development – members felt that a smaller scheme was more appropriate. 4. Impact on A.O.N.B. members noted the comments of the A.O.N.B. and the concerns expressed regarding the possibility of light spill from the development into the dark night skies of the AONB, which is a special a special quality of the designated area. They repeated the request for an assessment to be made of lighting effects, in particular on the designated AONB, as a result of this development. In addition they requested a delay on a decision until the full report from Natural England on the impact on wildlife in the area is received. Proposed REFUSUAL Seconded. PASSED 7 in favour and 1 abstention Natural England SUMMARY OF NATURAL ENGLAND’S ADVICE Further Information required to satisfy the LPA that there will not be Reply Received any adverse impacts of the development on the Bideford to 17 October Foreland Point Marine Conservation Zone (MCZ). 2019 Further information recommended regarding soil and agricultural land quality.
13/11/19 - Further to Natural England’s advice of 17th October 2019 (ref: 297201) and in relation to observations from the applicant (your letter dated 6th November 2019) we can offer the following advice. Bideford to Foreland Point MCZ Natural England supported the Environment Agency’s recommendation that the applicant obtain confirmation from SWW that they have sufficient headroom in their existing permit to accommodate the additional proposed flows. This was required to satisfy the LPA that there would be no risk to the Bideford to Foreland Point MCZ as a result of the development proceeding. Any new discharge into the MCZ has the potential to affect the site’s intertidal features if it significantly alters the nutrient load. Based on the information provided, SWW has confirmed they have no foul sewerage capacity issues in the locality. On this basis, it is Natural England’s advice that no further information is required. Soils and land quality It is for the LPA to decide the status of the land. We do not know whether the land was originally BMV quality pre golf course, but if the land was granted planning permission for change of use to a golf course in the 1980s then strictly speaking the land is no longer agricultural (despite having the potential to return to agricultural use if no longer required for golf). On this basis we would advise that further information is not required. However, given the scale of the development (40ha) there are good reasons to ensure that the soils are protected during construction. The Planning Practice Guidance for the Natural Environment (para 002) says that the Defra Code for the Sustainable Use of Soil on Construction Sites may be helpful in setting conditions for development sites. The Code provides advice on the use and protection of soil in construction projects, including the movement and management of soil resources. It is not tied to the land being agricultural and could be conditioned as part of a new permission, if granted. North Devon Further comments awaited. AONB Service
North Devon On behalf of the North Devon Coast AONB Partnership we have AONB Service the following comments to make. The proposed development lies outside of the designated AONB Reply Received and it would appear from the plans submitted that 23 September there is no indivisibility predicted between the development and the 2019 nearby AONB. We therefore do not have any objections on the grounds of landscape character nor on visual impact. Our only concern is the possibility of light spill from the development into the dark night skies of the AONB, which is a special a special quality of the designated area. It would be helpful, therefore, for an assessment to be made of lighting effects, in particular on the designated AONB, as a result of this development. In addition, we note that residual impacts on wildlife are predicted and we will await Natural England comments before we are in a position to comment further.
I write, on behalf of the AONB Partnership, with reference to the above named planning application and the additional information submitted, together with information supplied to us by the planning consultants Emery Planning, which included Site Lighting Plan.
Based on our previous representation, you will be aware of our concern with regard to the potential impact of new lighting sources on the dark skies of the AONB in particular Woolacombe Down and Windcutter Hill.
The proposals outlined by the applicant would appear as though they would not increase sky glow in these locations. We therefore have no concern with regard to this planning application, but we would like to see approval of lighting details managed by a condition should you be minded to grant planning permission.
We trust you will make note of our comments when considering this planning application.
Open Space This application provides self contained holiday accommodation Officer with a mix of leisure, play and open space uses. I fully support improving the connectivity of Reply Received the Tarka Trail and this 13 September should be secured through condition or S106. I would expect the 2019 play areas, leisure and community facilities to be delivered in phases to ensure these facilities are provided as the development is constructed. Could a breakdown of the open space and built recreation mix be provided to ensure adequate provision is provided as part of the development, in accordance with policy DM10. Planning Policy 31/10/2019 13:37 - Thank you for consulting the Planning Policy Unit team concerning the above application.
Reply Received Section 38(6) of the Planning and Compulsory Purchase Act 2004 31 October requires that if regard is to be had to the development plan in the 2019 determination of a planning application then the determination must be made in accordance with the development plan unless material considerations indicate otherwise. As you are aware, the Council have a recently adopted Local Plan (October 2018) which was considered by the Inspector to be 'Sound' and in general conformity with the NPPF; therefore, policies in the Local Plan are up to date. The NPPF is a material consideration in planning decisions.
The site is within the Countryside where development will be limited to that which is enabled to meet local economic and social needs, rural building reuse and development which is necessarily restricted to a Countryside location in accordance with Policy ST07(4) of the adopted Local Plan. Policy ST13 will support high quality tourism development that promotes a year round industry whilst ensuring growth is sustainable and should not damage the natural or historic assets of northern Devon. This is further clarified at paragraph 5.31 which states 'in order to achieve the objective of sustainable tourism, the area's tourism "offer" must be enhanced. Sustainable tourism development in northern Devon will be focused on qualitative improvements, which could include expansion of existing facilities. Delivery of a quality product, not only through environmental safeguards but also through improved standards in the quality and range of accommodation and attractions, is an important element in achieving sustainable development. A quality rather than quantity approach is required if the sector is to keep pace with continually evolving requirements and expectations. Proposals that result in the enhancement of existing attractions and destinations will be supported'.
As Willingcott is an existing facility with tourism accommodation, Policy DM18(2) will support its expansion where it improves facilities for or diversifies the range or improves the quality of existing tourism accommodation (criterion (c)) subject to all of criteria (d) to (f) being met. Should you be minded to support the development then I would wish to be assured that occupancy is restricted to tourist accommodation as permanent residential uses would not be acceptable in this location.
Although the proposed site is outside of the Area of Outstanding Natural Beauty (AONB) it is within close proximity where you need to assess whether the new development would impact on its setting and special character and qualities in accordance with Policy ST14(e). The site is within the undeveloped coast where Policy ST09(7) will support new development where it does not detract from the unspoilt character, appearance and tranquility of the area, nor the undeveloped character of the Heritage Coasts, and it is required because it cannot reasonably be located outside the undeveloped coast.
As set out in paragraph 6.5 of the Local Plan, 'all development will be expected to provide a net gain in biodiversity where feasible. Where biodiversity assets cannot be retained or enhanced on site, the Councils will support 'biodiversity offsetting' to deliver a net gain in bio-diversity off-site'. If there is some loss of existing habitat then this should be mitigated against by providing additional planting on or off site. The Defra metric should be used to ensure there is an overall net gain in biodiversity. All issues around ecology should be considered against ST14 and DM08 including the response from Andrew Jones/Mark Saunders.
The design and layout of the new development should be considered in accordance with Policies ST04 and DM04.
You will also be aware there is an objective to complete the gap in the Tarka Trail and strategic footpath/cycle network between Ilfracombe and Knowle in order to improve tourism and recreational opportunities for walking and cycling. Therefore, you must ensure that this development does not prejudice but facilitates the achievement of this objective through Willingcott. Also, you may wish to consider whether this development would impact on the air quality management area in Braunton Village Centre by way of requiring an 'Air Quality Impact assessment' in accordance with Policy DM02 and the draft SPD. All highway matters should be considered in accordance with Policies ST10, DM05 and DM06 together with the consultation response from the Local Highway Authority.
On balance, there is no policy objection in principle to the proposed development subject to due consideration being given to the above comments.
I trust the above policy considerations are of assistance to you but should you wish to discuss the matter further then please do not hesitate to contact me.
South West I refer to the above application and would advise that South West Water Water would have no objection. I would point out that public water mains run within the overall site Reply Received area plan attached and no structures/tree 20 September planting or alterations to ground cover will be allowed within 3 2019 metres of them. Sustainability A few summary observations: Officer • There is currently no attempt to quantify the overall losses Reply Received and gains associated with the proposal in sufficient detail. The 21 October Defra biodiversity metric should be utilised to quantify the current 2019 composition and value of the site and guide the extent and quality of mitigation proposals required. Due to the difficulty and length of time necessary to establish woodland habitat the initial value of the proposed enhancements may not be sufficient to compensate for habitat loss onsite. • A site wide lighting specification should be produced ensure adverse impacts on foraging and commuting bats are kept within acceptable levels. This should include internal light spill aswell as external light sources and reflect BCT Guidance Note 08/18. This should be demonstrated through appropriately detailed lighting contour plans for the entire site alongside a detailed lighting specification for all internal and external fittings. • Recommendations for protected species mitigation, i.e. dormice and bat/bird box provision, reptile hibernacula should be illustrated on revised plans. • A detailed LEMP is recommended but has yet to be submitted. The LEMP should provide sufficient detail to ensure the implementation, management and monitoring of all retained and enhanced features on the site. The standard LEMP condition is attached for information. The LEMP must include all areas identified within the site and on the grassland to the north and south of the Site. • The recommendation within the LVIA for ‘strengthening of the planting along the eastern boundary to help filter views of the development as seen within some views from the east, this will be done with a combination of tree planting and reinforcement of the existing hedge’ does not appear to have been integrated into the current planning proposals.
Provision, implementation and maintenance of detailed landscape and ecological management plan (LEMP)
Prior to [insert appropriate trigger point] a detailed landscape and ecological management plan (LEMP) has been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. The content of the LEMP will address and expand upon the provision and management of all landscape and biodiversity avoidance, mitigation and enhancement measures of the development as set out within the ecological appraisal and preliminary ecological appraisal shall include: a) A description and evaluation of landscape and ecological features to be created managed and ecological trends and constraints on site that might influence management; b) A biodiversity impact assessment in accordance with the North Devon UNESCO World Biosphere Reserve Offsetting Strategy 2013-2018 / DEFRA Methodology c) Aims and objectives of management; d) Appropriate management options for achieving aims and objectives; e) Prescriptions for management actions; f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over an initial 10- year period); g) Details of the body or organization responsible for implementation of plan; h) Ongoing landscape and ecological monitoring and implementation of any necessary remedial measures; i) Means of reporting of landscape and ecological monitoring results to the Local Planning Authority and provisions for seeking written agreement to any changes to the management actions and prescriptions that may be necessary to ensure effective delivery of the aims and objectives of the LEMP over time.
The LEMP shall also include details of the mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning landscape and biodiversity objectives of the scheme. The development shall be implemented in accordance with the approved details.
The Fire Officer The Fire Authority have considered the application and have the following Reply Received comments to make at this time. Consideration should be given to 18 October the requirements for fire 2019 and rescue access into and around the buildings for fire-fighting purposes. Fire-fighting facilities should be selected and designed to assist the fire and rescue service in protecting life, protecting fire fighters, reducing building losses, salvaging property and goods and minimising environmental damage. Early consultation with the Fire Authority and local authority building control is advised when deciding which facilities should be provided. Where appropriate, fire-fighting facilities should include: the provision of vehicular access for fire appliances to the perimeter of the building(s) or site; provision of easy and quick entry to the site/building(s) for fire fighters and their equipment; provision of and access to sufficient supplies of fire-fighting medium (usually water); provision for removing spent firefighting extinguishing medium (eg drainage). Every building should be provided with suitable access for fighting purposes and where access is restricted, fire appliances access to buildings should be discussed with the fire and rescue service at an early stage. West Down Parish Council
West Down West Down Parish Council object to this planning due to overriding Parish Council concerns on the Highways and Traffic.
Reply Received 14 October 2019
Neighbours Comments No Objection Object Petition No. Signatures 6 13 29 0.00 0.00
Objection Overdevelopment; construction impact; light pollution; noise; traffic increase/routes and options; impact on the natural environment; design.
Support Plans carefully thought out involving owners. Extension to Tarka Trail and cafe are positives. Planting will limit disruption of views.
Considerations
Introduction
The application has been called in by Ward Member Councillor Wilkinson for members ‘to consider the concerns of both the West Down Parish Council and residents in the immediate vicinity of the site. At a very well attended public meeting several issues for concern were raised. The main reasons for objection are the inadequate highway infrastructure, light pollution, drainage issues and the scale of the development in a rural setting’ .
At the discretion of the Head of Place, a site visit was carried out on 3 rd December 2019 to enable Councillors to view the development site in relation to the issues identified in the call-in and public representations.
Proposal Description
This application seeks full planning permission for 107 holiday cottages plus proposed improvements to leisure facilities together with woodland planting, landscaping and associated infrastructure works.
In addition to the holiday cottages, ancillary facilities proposed include:
• The extension of the Tarka Trail from Willingcott Bridge south east through the site toward Foxhunters and Braunton beyond; • A refurbished clubhouse with bar and reception area; • A new Indoor Swimming pool with changing area and small gym suite; • A new indoor play barn; • Multi-sport court; • A new Trail side Café for use by both those staying on Site and those using the Tarka Trail; • A network of off-road cycle and trim trails criss-crossing the Site; and, • A new storage/maintenance building; providing a dry area in which to store • and maintain the grounds keeping machines and waste collection truck. The • building shall also provide small storage spaces for hire by cottages owners for the purpose of storing larger items such as surfboards and bicycles.
The Site will be developed in 7 phases as shown on a submitted plan working essentially from the south side of the site to the north, over a 3 to 5 year build period, as set out below. However, the majority of the woodland planting will be implemented as ‘advanced planting’ planted in advance of the built development in one phase: • Phase 1 - Play Area 1, Clubhouse and bar and 9 Holiday units • Phase 2 - Swimming pool refurbishment, Woodland planting, 13 Holiday units and Tarka Trail • Phase 3 - Play Areas 2 and 3, Indoor Pool, Tarka Trail, Ponds and pontoons, and 24 holiday units • Phase 4 - Multi-use sports court and 17 Holiday units • Phase 5 - Play area 4 and 11 Holiday units, • Phase 6 - Storage facility, Laundry and staff accommodation and15 Holiday units • Phase 7 - Tarka café, Play area 5, Play barn and 18 Holiday units
The application is accompanied by an Environmental Statement which includes chapters on: • Ecology / Biodiversity • Water Resources, Drainage and Flood Risk • Traffic and Transportation • Landscape and Visual Impact
Additionally, the following documents are included with the application: • Design and Access Statement, including Statement of Community Involvement. • Sustainability Statement, incorporating Renewable Energy Statement • Waste Audit Statement • Crime and Disorder Statement
Planning Considerations Summary • Sustainable Development • Spatial Strategy • Tourism Accommodation • Design • Landscape Policy • Amenity • Ecology • Highways
Planning Considerations
In the determination of a planning application Section 38 of the Planning & Compulsory Purchase Act 2004 is relevant. It states that for the purpose of any determination to be made under the planning Acts, the determination is to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan for this area includes the Devon Waste Plan and North Devon and Torridge Local Plan. The relevant Policies are detailed above.
The National Planning Policy Framework (NPPF) is a material consideration.
Sustainable Development
Policy ST01 of the North Devon and Torridge Local Plan supports the principle of sustainable development in making positive contribution towards the social, economic and environmental sustainability of northern Devon and its communities while minimising its environmental footprint. The proposal should be approved if it accords with the policies in the Local Plan.
Policy ST03 is concerned with Adapting to Climate Change and Strengthening Resilience - This includes consideration of matters such as drainage, landscapes, habitats and sustainable design, which are considered in more detail below.
Policy ST04 Improving the Quality of Development - Supports high quality inclusive and sustainable design and Policy ST05 supports Sustainable Construction and Buildings.
Spatial Strategy
The site is within the Countryside where development will be limited to that which is enabled to meet local economic and social needs, rural building reuse and development which is necessarily restricted to a Countryside location in accordance with Policy ST07(4) of the adopted Local Plan. Policy ST13 will support high quality tourism development that promotes a year round industry whilst ensuring growth is sustainable and should not damage the natural or historic assets of northern Devon. This is further clarified at paragraph 5.31 which states 'in order to achieve the objective of sustainable tourism, the area’s tourism ‘offer’ must be enhanced.
Policy ST10 (3) Transport Strategy seeks to reduce the environmental and social impacts of transport by: reducing the need to travel by car and enabling alternative sustainable travel Options requiring a Transport Assessment or a Transport Statement and a Travel Plan for developments that generate significant traffic movements. The application is accompanied by a Transport Statement. Paragraph (f) of the Policy is concerned with safeguarding routes and exploring opportunities for the reuse and reinstatement of former railway lines.
A World Class Environment is the focus of Policy ST14 Enhancing Environmental Assets - A net gain in biodiversity and protection of the local landscape is required along with consideration of the importance of undeveloped coast, local tranquillity and the agricultural grade of the land to be developed.
Under the heading ‘Strong and Inclusive Communities’ Policy ST23 deals with Infrastructure and requires timely contribution to physical, social and green infrastructure either on-site or in some circumstances off-site.
Tourism Accommodation
Sustainable tourism development in northern Devon will be focused on qualitative improvements, which could include expansion of existing facilities. Delivery of a quality product, not only through environmental safeguards but also through improved standards in the quality and range of accommodation and attractions, is an important element in achieving sustainable development. Planning policy requires that a quality rather than quantity approach is required if the sector is to keep pace with continually evolving requirements and expectations.
Policy DM18(2) supports Tourism Accommodation where it: (a) is related directly to and compatible in scale with an existing tourism, visitor or leisure attraction; or (b) reuses or converts existing buildings; or (c) improves facilities for or diversifies the range or improves the quality of existing tourism accommodation; and in all cases: (d) the scale and character of the proposal is appropriate to the size of the existing settlement or tourism attraction; (e) the local road network can accommodate the type and scale of traffic to be generated and the safety of public highway users is maintained; (f) is designed to respect and enhance the key characteristics of the relevant landscape character types; (g) identified environmental and heritage assets are not subject to significant harm, are conserved or enhanced, with particular respect to the setting and special qualities of nationally important landscapes, the Undeveloped Coast, biodiversity and heritage designations; and (h) protects and enhances the setting and special qualities of the Area of Outstanding Natural Beauty and provides an overall environmental enhancement when assessed throughout a year.
Proposals that result in the enhancement of existing attractions and destinations will be supported. As Willingcott is an existing facility with tourism accommodation, Policy DM18(2) will support its expansion where it improves facilities for or diversifies the range or improves the quality of existing tourism accommodation (criterion (c)) subject to all of criteria (d) to (f) being met.
Over recent years various facilities have been lost at Willingcott Valley.
Should the LPA be minded to support the development then it is important that occupancy is restricted to tourist accommodation by way of a suitable condition as permanent residential uses would not be acceptable in this location.
A condition is recommended that is consistent with the wording of the occupancy condition applied to the most recent applications for holiday accommodation at Willingcott Valley.
The LPA also need to consider how to ensure the timely provision of associated facilities in terms of phasing and a condition will be attached to any consent relating to the submitted phasing plan.
Representations have been received questioning the need for this scale of development and additional holiday accommodation in general in the area.
In support of the application, the applicant states ‘The development proposals would provide a high quality sustainable extension to the existing holiday village with an accommodation and leisure offer which is unique to the local area.
In doing so the proposals will assist the Council in achieving the aims of the adopted Local Plan, which at policy DM18(c) seeks to diversify the range of existing tourism accommodation in the district. In doing so the proposals will also enhance the setting and attraction of the existing holiday accommodation and therefore positively influence the letting potential of those units which in turn will be of benefit to the local economy.
The proposal would be of significant economic benefit to the local area which is a key aspect of achieving sustainable development in accord with the aims of the Framework.
The applicant stresses that the following are key factors that support the granting of planning permission at Willingcott: • Investment in new leisure facilities will secure the future of existing holiday village after many years of decline; • Creation of new jobs and increased spend supporting local businesses; • Enhancement of and reinforcement of landscape character types; • Significant biodiversity enhancements; and, • Building of new holiday homes in a back to nature setting adding to diversity and quality of local accommodation provision in line with Policy DM18.
Design
Policy DM04 requires that all new developments should achieve high quality design that is sustainable and inclusive, both in the short term and over the lifetime of the development. Good design will result in variable densities that need to have regard to the design principles: (a)-(n). Design must respect its context (including heritage assets as set out in Policy DM07: Historic Environment), promote or reinforce local distinctiveness and take opportunities to improve the character and quality of an area. Policies ST04, ST05 are also relevant.
This approach is supported by the NPPF at Part 12, which is a material consideration. The agent explains that the proposal is for 6 lodge types; 4 single-storey and 2 one and a half storey variants, all based on a common floor plan and all available in two finishes; first a standard larch finish and second a burnt larch finish. These are all intended to fit over a common chassis design that is itself conceived to be supported on piles that will vary in height so as to take up the slope difference from one end of the home to the other. This will avoid the need to undertake intrusive cut and fill works to create level plots for each lodge. Accompanying the application are two images providing a computer generated ‘artists impression’ of the proposed lodges around one of the central ponds. The views are taken utilising the tree planting proposed by the project landscape architects. It should be noted also that window openings toward the ponds are limited in order to preserve the low light levels recommended by the project ecologists.
‘The dual use of finishes is designed to soften the appearance of the lodges within the meadow setting to the edge of the proposed woodland planting. Lodges to the north of the ponds are orientated mostly north-south in order to make the most of the available southerly aspect. Lodges to the south of the ponds tend to be orientated east west so as to embrace the rising sun and western evening light.
As described the proposals include for finishing the lodges in both natural larch and burnt larch. At different times of the year each the extent to which individual lodges is apparent within the village setting will depend upon the changing colouration of the woodland’.
In addition to the lodges, are the following design proposals: • The Clubhouse will have its PVCu conservatory entrance porch removed. • The new indoor swimming pool Materials will be natural timber boarding under a grey profiled sheet roof. The glazed screens, doors and windows, shall be mid grey finish chosen to reinforce the calm woodland setting. The units shall be made of either timber or powder coated aluminium. • The Tarka Café will match the swimming pool building in design. • The Storage/Maintenance Building is a steel frame portal structure with timber boarded upper parts to the walls with fair-faced blockwork walls behind and below. The roof shall be grey profiled metal sheet to match the café and indoor pool. The ‘barn’ doors shall be sliding and timber-boarded.
The design is considered to be acceptable in the context of the site and significant landscaping proposals.
In terms of landscaping proposals, the application proposes the following:
• Mixed woodland valley sides - deciduous with occasional coniferous species e.g. Beech dominant woodland with pine/ spruce/ yew; • Mixed woodland valley sides - deciduous woodland, coppice and standards with mixture of ground flora, bulbs and woody understorey with occasional glades and clearings e.g. oak, hazel, bird cherry and parkland tree specimens; • Existing ponds enhanced with new marginal and aquatic planting; • Wet woodland edges - informal groups of trees e.g. alder and willow dominant; • Wet meadow valley with scattered informal groups of trees; and, • Tree planting to enhance entrance to holiday village. A revised Landscape Master Plan to include additional tree planting on the eastern boundary to screen the proposed development from views from the West Down direction and an Amended Planting Design Booklet has been submitted. At the time of writing this report, these proposals are currently subject to re-consultation with the Landscape & Countryside Officer and any update will be reported verbally at the meeting. Landscape Policy (General)
The application is accompanied by a LVIA which concludes ‘Overall the proposed development would lead to some Adverse visual effects at the outset (whilst the new woodland planting matures) but it is judged that it is of a scale and nature which can be successfully accommodated within the local landscape without any unacceptable landscape or visual effects in the longer term. In conclusion, there would be no overriding adverse effects that should preclude the proposed development on landscape and visual grounds. Indeed, overall the impacts can be considered to be of Minor Beneficial significance’.
Although the proposed site is outside of the Area of Outstanding Natural Beauty (AONB) it is within close proximity where it is necessary to assess whether the new development would impact on its setting and special character and qualities in accordance with Policy ST14(e). The site is within the undeveloped coast where Policy ST09(7) will support new development where it does not detract from the unspoilt character, appearance and tranquillity of the area, nor the undeveloped character of the Heritage Coasts, and it is required because it cannot reasonably be located outside the undeveloped coast.
Policy DM08A relates to Landscape and Seascape Character and requires that development should be of an appropriate scale, mass and design that recognises and respects landscape character of both designated and undesignated landscapes; it should avoid adverse landscape impacts and seek to enhance the landscape.
Further information has been submitted to illustrate the impact of the development from views into the site and at the time of writing this report, appropriate consultation replies are awaited. Purely in terms of impact on the AONB, the AONB Partnership, with reference to additional information submitted together with information supplied to them directly by the planning consultants, who included a Site Lighting Plan, take the view that the proposals outlined would appear as though they would not increase sky glow in these locations. They therefore have no concern with regard to this planning application, but indicated they would like to see approval of lighting details managed by a condition should the LPA be minded to grant planning permission.
This concern was based on their previous representation, which whilst raising no objections on the grounds of landscape and character, or on visual impact, expressed a concern with regard to the potential impact of new lighting sources on the dark skies of the AONB, in particular Woolacombe Down and Windcutter Hill.
A detailed Lighting Impact Assessment has now been submitted and is under consideration by the AONB Partnership and any update on their response will be reported verbally to the meeting.
Amenity
In consideration of Policy DM01 ‘Amenity Considerations’, which states that new development will be supported where: (a) it would not significantly harm the amenities of any neighbouring occupiers or uses; and (b) the intended occupants of the proposed development would not be harmed as a result of existing or allocated uses, the applicant advises that the Landscaping Plan has been updated to take into account concerns raised by the occupants of Myrtle Cottage in respect of potential noise from an informal kick-about area located east of that cottage and the adjoining Willingcott Cottage.
These two dwellings, plus the two on the north side of the site (Willingcott Cottages) are the only dwellings outside but adjoining the site.
In terms of noise issues generally, the Environmental Health Officer states ‘I asked for a noise statement initially rather than an assessment in order to clarify whether any potentially significant noise impacts might arise and setting out how such impacts would be assessed if identified. Based on the response from the Applicant, there do not appear to be grounds to expect significant impacts to arise. As such, I would be happy for a planning condition to be included requiring a statement post permission.
As previously recommended, the statement should be prepared by a suitably qualified and experienced person and have regard to relevant guidance. The planning condition should include wording to the effect that, where any potentially significant adverse noise impacts are identified, a noise impact assessment and associated noise mitigation scheme shall be provided to the LPA as necessary’.
Consequently, an appropriate condition is recommended.
Policy DM02 deals with Environmental Protection, including the following potential issues:
Hazards. With regard to any potential land contamination, Environmental Health recommend a Contaminated Land Phase 1 Condition and in respect of construction phase impacts, CEMP and Construction Hours conditions.
Pollution. In terms of the proposed surface and foul water drainage arrangements for the site, development proposals comprise the installation of sustainable urban drainage techniques for management of surface water and connection of foul wastewater to the existing SWW public sewerage system in the nearby settlement of Ossaborough. This will ultimately result in the discharge of treated effluent to tidal waters on the north coast and rapid dispersion into the sea. This led to a concern raised by the Environment Agency and Natural England in terms of impact on the Marine Conservation Zone, which was also raised by Mortehoe Parish Council. This matter was followed up with South West Water who has confirmed that there are no foul sewerage capacity issues in the locality, which means there is nothing to suggest that the development would be detrimental to the MCZ.
In terms of surface water drainage, the principal considerations have been the potential for pollution to the ponds and groundwater on the Site and pollution to the downstream watercourse, known as the Bradwell Stream. The implication of the development to increase flooding has also been considered. In addition, the potential impact of the development on the local water supply and public drainage systems have been considered.
DCC as Lead Local Flood Authority have requested additional information to demonstrate that all aspects of the proposed surface water drainage management system have been considered. This has been supplied and forwarded, but a response is awaited from DCC at the time of writing this report. Any update will be reported verbally to the meeting.
Light pollution is considered above in terms of the AONB and below in respect of more site specific issues, including ecological impact.
Air Quality Management Area.
It is necessary to consider whether this development would impact on the air quality management area in Braunton Village Centre by way of requiring an 'Air Quality Impact assessment' in accordance with Policy DM02 and the draft SPD. In support of Policy DM02 the Council will not support development where anticipated traffic generation would make air quality worse.
The applicant takes the view that as the development will not create any additional traffic and the road covered by the AQMA will not be used to access the site, no further information is required.
Although the number of traffic movements exceed the threshold referred to in the draft SPD above which an AQIA is required, on the basis of the calculation that proposed traffic levels will not exceed those that could potentially be generated already by the authorised use of the site, it is not considered that further information is required.
Policy DM03 considers Construction and Environmental Management. A Waste Audit Statement has been submitted with the application that details a Waste Management Plan for the construction and operational stages of the development. Conditions are recommended in respect of these matters.
Ecology
Local Planning Authorities have a statutory duty to ensure that the impact of development on wildlife is fully considered during the determination of a planning application under the Wildlife and Countryside Act 1981 (as amended), Natural Environment and Rural Communities Act 2006, The Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017).
As set out in paragraph 6.5 of the Local Plan, ‘all development will be expected to provide a net gain in biodiversity where feasible. Where biodiversity assets cannot be retained or enhanced on site, the Councils will support ‘biodiversity offsetting’ to deliver a net gain in bio-diversity off-site’. If there is some loss of existing habitat then this should be mitigated against by providing additional planting on or off site. The Defra metric should be used to ensure there is an overall net gain in biodiversity. All issues around ecology should be considered against ST14 and DM08.
A Defra Metric was submitted but more information was required in terms of how it had been completed and this has been supplied. The Sustainability Officer considers that ‘The revised metric and statement follow my initial feed back to the ecologist and I am content that assessment now accurately reflects the nature of the site and the proposals set out in submitted plans. The metric and subsequent planting plans still need to be brought together within a LEMP as previously requested to ensure the scheme achieves the quality of habitat indicated’ .
A Lighting Impact Assessment has now been submitted and is under consideration, but initial indications were that this would necessitate a revised Environmental Assessment.
Following further discussions with the Sustainability Officer, he advises that he is interested in minimising lighting impacts across the site and not just on the eastern, northern and southern boundaries and the ponds as identified in the EA. Of course this is important but due to the composition of the scheme there is little threat to these futures. What he would like to see is a demonstration that the maximum possible benefit for protected habitats and species is achieved and that clearly involves the proposed masterplan, planting specification and LEMP being informed by the LIA.
He goes on to say ‘I would recommend that subsequent revisions and statements are best placed in a LEMP style document rather than revisiting the EA. The EA has identified existing areas of interest and potential impacts but the overall plan for large scale habitat enhancement and planting must also be demonstrated’ .
An appropriate condition is recommended.
In terms of the location of the site, it is within the recently revised Zone of Influence identified through the Local Authority’s Appropriate Assessment in relation to the Braunton Burrows Special Area Conservation (SAC) under the Habitat Regulations 2017. As such, any new residential development in the ZoI is considered to have recreational impacts on the SAC and is therefore required to pay a contribution in order to mitigate the impacts of development. At present developers can either enter into a S106 agreement or make a direct payment to the LPA under Section 111 of the Local Government Act 1972.
Confirmation was sought from the applicant as to whether he wishes to submit a payment via Section 111 or enter in to a Section 106 agreement which includes the payment of the relevant sum in relation to the development proposed.
The agent states ‘Our client is reasonably asking that before agreeing to this contribution please can we see the revised visitor data? The report that went to Committee on 1st July stated "4.10 On behalf of the Local Authority, Footprint Ecology have carried out further visitor surveys and identified a robust ZoI. The ZoI encompasses Croyde Bay in the north and runs from Putsborough across to Barnstaple, with the southern edge following the A361/A39 as far as the Torridge". The revised plan now conveniently just covers our site but does not include Woolacombe Bay holiday park next door which attracts significant more visitors. The main report and revised plan have yet to go to committee. As such, in the absence of data from Footprint Ecology, the valid plan is in our view the one from 01/07/19 which excludes the application site. However, in the spirit of supporting the conservation aims of the Council and moving application forward our clients are prepared to voluntarily make this requested contribution’.
The requested information has been supplied to the applicant and in response the applicant’s agent states ‘On the SAC payment our client maintains serious concerns about the legitimacy of the request, particularly prior to any formal adoption of the ZoI. However, as set out in our letter last week he is are willing to make a voluntary contribution. The S111 route is probably the simplest route to achieve this. Please can you clarify what the timings for payments would be? We would suggest following the sale of half of homes would seems reasonable’ . The applicant has been advised that in accordance with the report to Strategy and Resources Committee, ‘The Local Planning Authority cannot legally grant planning permission for developments where the impacts on the protected habitats are not mitigated, and hence the habitats mitigation contribution must either be paid before permission is granted, or a Unilateral Undertaking must be in place before permission is granted’. If the latter course is pursued it is suggested that payment before commencement of development would be appropriate.
Policy DM10 deals with Green Infrastructure Provision and states that new accessible green infrastructure including open space provision will often be multi-functional by providing sustainable drainage systems, habitat connectivity, opportunities for healthy living and links to walking and cycling networks, as well as accessible natural greenspace.
The Project and Procurement Officer required a breakdown of on-site provision of open space and built recreation mix to ensure adequate provision in accordance with planning policies ST23 and DM10. It would also be helpful to know to what extent the section of Tarka Trail running through the site will be constructed by the applicant and what arrangements are in place with Devon County Council, who will presumably take on responsibility for maintenance at some point. The applicant was asked to confirm when it is planned to provide this facility and what the initial management/maintenance arrangements are. Further consideration is set out below in the ‘Highways’ section of the report.
A set of calculations has been received in respect of the various types of provision on site including areas of Formal Play Provision, Informal Recreation Provision. Additionally, the agent comments ‘It should be noted that the existing cottage owners and their holiday guests do not have access to the wider grounds used as a golf course. This proposal would give them the wider access. Lastly, and as we discussed the 107 units proposed include 10 previously consented thus the number of new units is only 97. In terms of public access I can confirm that only the Tarka Trail is publicly accessible the remainder of the provisions will be available only to village guests’.
The PPO has confirmed that the provision complies with Policy DM10.
In the initial response from Natural England they raised a concern about impact on soils and land quality, which was taken up with the applicant. In response the applicant put forward the view that ‘With regard to the matter of agricultural land quality ‐ I can only assume that NE have missed the fact that the development site is a former golf course and, has been in such a use since the early 1980’s. As such, there is no issue relating to the loss of agricultural land associated with this proposal. Accordingly, it is not considered necessary for any agricultural land quality/soils assessment to be undertaken in this instance’.
NE comments further that ‘It is for the LPA to decide the status of the land. We do not know whether the land was originally BMV quality pre golf course, but if the land was granted planning permission for change of use to a golf course in the 1980s then strictly speaking the land is no longer agricultural (despite having the potential to return to agricultural use if no longer required for golf).
On this basis we would advise that further information is not required. However, given the scale of the development (40ha) there are good reasons to ensure that the soils are protected during construction. The Planning Practice Guidance for the Natural Environment (para 002) says that the Defra Code for the Sustainable Use of Soil on Construction Sites may be helpful in setting conditions for development sites. The Code provides advice on the use and protection of soil in construction projects, including the movement and management of soil resources. It is not tied to the land being agricultural and could be conditioned as part of a new permission, if granted’.
Highways
The application is accompanied by a Transport Statement as part of the Environmental Statement.
All highway matters should be considered in accordance with Policies ST10, DM05 and DM06 together with the consultation response from the Local Highway Authority.
Access
Planning Policy DM05 relating to general highway considerations states that a development will only be permitted where: a) provision is made for safe access onto and egress from the highway for all forms of travel serving the site; b) the functioning of the road network or the safety of highway users is not harmed; and c) the character and setting of the locality is not harmed by any highway works necessary to accommodate the level of traffic generated by the development.
This reflects the NPPF at paragraph 108 which requires that ‘safe and suitable access to the site can be achieved for all users’.
The site has one main access to the site just south of the road junction with Georgeham Road at Willingcott Bridge, which benefits from good visibility and provides safe access/egress. No further works are necessary. The functioning of the road network and safety of highway users will not be harmed based on a calculation that the proposed use will not generate any more traffic than the authorised use of the site.
Parking
Policy DM06 of the Local Plan relates to Parking Provision and requires that (1) Development proposals will be expected to provide an appropriate scale and range of parking provision to meet anticipated needs, having regard to the: (a) accessibility and sustainability of the site; (b) availability of public transport; (c) provision of safe walking and cycling routes; and (d) specific scale, type and mix of development.
(2) Proposals must encourage the use of sustainable modes of transport through careful design, layout and integration to the existing built form.
On-site parking will be provided in the form of lay-bys, typically 2-3 spaces per unit depending on the number of bedrooms, with separate parking for staff. Cycle parking will also be provided for each unit.
Planning Policy comment that ‘You will also be aware there is an objective to complete the gap in the Tarka Trail and strategic footpath/cycle network between Ilfracombe and Knowle in order to improve tourism and recreational opportunities for walking and cycling. Therefore, you must ensure that this development does not prejudice but facilitates the achievement of this objective through Willingcott’.
An incomplete 1.1km section of the proposed route of the Tarka Trail runs through the site. DCC have been asked to confirm if they are expecting the applicant to construct this and if so, presumably it will have to be to DCC standards if they are to take it into ownership in due course. DCC have been asked to clarify how they will ensure this and whether there is there any current agreement/negotiation between DCC and the applicant on this matter.
A response is awaited from the DCC Project Manager for the scheme.
In the meantime, the applicant comments ‘We can confirm that an agreement was made between Devon County Council and the previous owner to provide the Tarka Trail (TT) extension through the site. The proposed route is shown on plan M304 18 06A as part of phase 2 works. The agreement states DCC are to build and maintain the Tarka Trail. We can however, confirm that the applicant can help facilitate the build and is actively engaged with DCC to agree the revised route of the Trail and details with regard to the construction and ongoing management. Again details of this can be secured by way of condition and this is not a reason to delay consideration of the application’ .
A suitably worded condition is recommended.
Concerns have been raised in representations about: potential traffic increase and how this will impact on residents; the potential use of poor condition single track roads, including use by construction traffic, with particular reference to Bradwell Road, Trimstone Lane and Willingcott Hill; and, the lack of public transport.
The applicant explains that the specific number of 107 holiday cottages is proposed to ensure a neutral traffic impact. ‘The baseline traffic movements for the site is the traffic generation for existing holiday units on the Site and the currently closed public house and golf course. It has been calculated that the new holiday units would lead to a net reduction in vehicular trips on a weekday and weekend in comparison to the existing and consented uses of the Site that they will replace. There will be a Negligible traffic impact on the local highway network in safety and operational terms, and to pedestrian amenity, fear and intimidation and to severance’.
With reference to public transport, the applicant comments ‘There is no proposal to change the bus services as a result of the development and there is not likely to be a material increase in the number of people wishing to use public transport. Therefore the effect on public transport accessibility is a Negligible impact of no discernible significance’.
On the matter of alternative modes of transport the applicant states ‘The proposed Site layout has been designed with pedestrian and cycle priority and will provide an off-road section for the Tarka Trail. On this basis, the effect on pedestrian and cycle accessibility is considered to be a Moderate Benefit of moderate significance’.
On construction traffic ‘The volume of construction traffic will be low and likely routes for construction traffic will not pass through local communities, or effect crossing facilities or existing patterns of travel by local residents or visitors. Construction is also likely to take place outside of the peak holiday traffic periods of the school summer holiday. The overall environmental effect of changes in construction traffic flows is a Minor impact of minor significance occurring over a short time frame’.
In terms of mitigation the applicant advises ‘Mitigation will be part of the design of the Site, with pedestrian and cyclist facilities being provided and the design enabling an off- road section of the Tarka Trail to be extended through the Site. The proposed development will also have a Travel Plan which will encourage as many journeys as possible to be undertaken by non-car means or by car sharing.
A CTMP will be implemented during the construction phase of the proposed development. The aim of the CTMP is to minimise the effect of the construction phase on local residents, businesses and the highway network’.
Residual effects are identified as ‘During the short period of construction, the CTMP will help mitigate the impact on construction traffic and the construction traffic will have a residual Negligible impact of no discernible significance.
The Travel Plan will help minimise single occupancy vehicle trips associated with the Site in the operational phase as will the site layout. However, because of the nature of the development and its location, the residual impacts would not change from those identified in the assessment summarised above’.
The LHA response to the proposals is: ‘I have now had the opportunity to consider the proposed development and my consultation response is provided in the knowledge of the restrictions associated with "Bradwell Road" and "Willingcott Hill". In particular, the carriageway width, lack of grass verges and limited public passing places. However, it is noted the following key elements associated with the existing development, being authorised uses/consents, are to be formally removed and or rescinded: 1) 18 hole Golf Course 2) Public House 3) Consented 10 no. unit scheme.
This leads to the conclusion there is a theoretical net reduction in vehicles travelling to and from the site. On this basis, the Local Highway Authority reasons a refusal of planning permission cannot be substantiated on highway grounds and the formal view is one of 'No Objections'.
A condition is recommended in controlling construction activities associated with the development.
It should be noted that a CTMP would include construction traffic routing.
A concern was been raised with the applicant about the location of the new temporary construction access so far down Bradwell Lane, which will involve punching through a mature hedgebank and is located east of two cottages on a narrow stretch of road. It was felt that there may also be a temptation for construction traffic to use the longer stretch of Bradwell Lane from the A361 at Dean Cross and a concern that it may be difficult to adequately control construction traffic. The applicant was asked to consider an alternative location further west back towards Willingcott Bridge.
In response, the applicant states ‘The temporary construction access has been proposed in this location to avoid traffic using existing estate road. If it is pulled back construction traffic will still have to use part of the one-way estate road and the benefits for the existing residents are negated. You will note Devon highways has raised no objection to the proposed construction access. We would suggest details in this regard can be dealt with through conditions and the CEMP and is not reason to delay’ .
The concern was also raised with the Local Highway Authority who responded ‘Regarding the construction access point. I believe adequate signage can address this matter along with instructions from the site management team reinforcing the routeing for their own construction personnel. There may, inevitably, be occasions when this is ignored but, based on past experience, it doesn’t take long for us, including our Agreement Officers, to resolve any malpractice by reinforcement of the agreed terms’ .
Additionally, clarification was sought on what is intended for existing accesses off Bradwell Road. The applicant has responded ‘Accesses along Bradwell Road - There are three; the middle one is one we are utilising for the construction access the other two (which are unused and overgrown) are dealt with in the planting booklet, see page 15 where the boundary hedge is hatched and the key states “Existing hedge Retained and Enhanced (Infill with Hedgerow Mix where required)”. The native hedge mix is given on page 8 to that document (albeit stated in respect of the northern parcel of land)’.
Again, an appropriate condition is recommended to secure this.
Conclusion
It is considered that the proposed development is compliant with the spatial strategy policies of the Local Plan.
More specifically Policy DM18 supports Tourism Accommodation that results in the enhancement of existing attractions and destinations will be supported. As Willingcott is an existing facility with tourism accommodation, Policy DM18(2) will support its expansion where it improves facilities for or diversifies the range or improves the quality of existing tourism accommodation (criterion (c)) subject to all of criteria (d) to (f) being met.
In consideration of these criteria: the scale and character of the proposal is considered to be appropriate to the size of the existing tourism development; on the basis that the proposal is traffic generation neutral and the response from the Local Highway Authority, the local road network can accommodate the type and scale of traffic to be generated and the safety of public highway users is maintained; taking account of the character of the landscape which is outside the AONB, the development is designed to respect and enhance the key characteristics of the local landscape; identified environmental and heritage assets are not subject to significant harm, are conserved or enhanced, with particular respect to the setting and special qualities of nationally important landscapes, the Undeveloped Coast, biodiversity and heritage designations; and based on consultation response, there will be no adverse impact on the protection and enhancement of the setting and special qualities of the Area of Outstanding Natural Beauty and the proposed development provides an overall environmental enhancement when assessed throughout a year.
On this basis, the proposals are considered to represent sustainable development and the application is considered to accord with the adopted development plan.
Subject to the receipt of outstanding consultation responses not raising any issues that have not already been considered, and subject to any appropriate conditions recommended, the application is recommended for approval subject to the imposition of planning conditions and a Section 106 agreement if necessary.
HUMAN RIGHTS ACT 1998
The provisions of the Human Rights Act and principles contained in the Convention on Human Rights have been taken into account in reaching the recommendation contained in this report. The articles/protocols identified below were considered of particular relevance:
Article 8 – Right to Respect for Private and Family Life THE FIRST PROTOCOL – Article 1: Protection of Property
Recommendation
Approved: subject to the receipt of outstanding consultation responses not raising any issues that have not already been considered; subject to any appropriate conditions recommended as a result of those responses; and, subject to the use of a Section 106 agreement if necessary.
Legal Agreement Required:- No, if Section 111 payment is made.
Conditions
1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.
Reason : The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990.
2. The development hereby permitted shall be carried out in accordance with the following approved plans/details: M304 18 06A Site Plan Phasing and received on the 19/08/19, M304 18 27B 4 B Holiday Lodge (6) and received on the 29/08/19, M304 18 28A Laundry_Prop and received on the 29/08/19, M304 18 25B 2B Holiday Lodge (4) and received on the 29/08/19, M304 18 23A 3B Holiday Lodge (5) and received on the 29/08/19, M304 18 16A MUGA_Trim_Pontoon and received on the 29/08/19, M304 18 15A Play Areas and received on the 29/08/19, M304 18 20A Play Barn_Prop and received on the 29/08/19, M304 18 21B Tarka Cafe and received on the 29/08/19, M304 18 14A Clubhouse_Prop and received on the 29/08/19, M304 18 08A Site Sections_Prop and received on the 29/08/19, M304 18 07A Site Plan_Lighting_Sections and received on the 29/08/19, M304 18 04A Woodland Planting and received on the 29/08/19, M304 18 19B Store Building and received on the 29/08/19, M304 18 24A 4B Holiday Lodge (3) and received on the 29/08/19, M304 18 26C 3B Holiday Lodge (2) and received on the 29/08/19, M304 18 18A Indoor Pool and received on the 29/08/19, M304 18 29A Temporary Construction Access and received on the 29/08/19, M304 18 22A 2B Holiday Lodge (1) and received on the 29/08/19, M304 18 01 C Location Plan and received on the 06/09/19, M304 18 05C Site Plan and received on the 06/09/19, M304 18 09A Levels_Prop and received on the 06/09/19, 10667/P09D Illustrative Landscape Master Plan 2019 and received on the 18/11/19 ('the approved plans').
Reason: To ensure the development is carried out in accordance with the approved plans in the interests of proper planning.
3. The development shall be carried out in accordance with the phasing programme set out in the Environmental Statement Volume 2 at 11.144 and Plan number 304 18 06 A as follows: Phase 1 - Play Area 1, Clubhouse and bar and 9 Holiday units Phase 2 - Swimming pool refurbishment, Woodland planting, 13 Holiday units and Tarka Trail Phase 3 - Play Areas 2 and 3, Indoor Pool, Tarka Trail, Ponds and pontoons, and 24 holiday units Phase 4 - Multi-use sports court and 17 Holiday units Phase 5 - Play area 4 and 11 Holiday units, Phase 6 - Storage facility, Laundry and staff accommodation and15 Holiday units Phase 7 - Tarka café, Play area 5, Play barn and 18 Holiday units; always providing that all the works comprised in any one phase of the development shall be completed prior to the commencement of any subsequent phase.
Reason: In the interests of highway safety, amenity and to ensure the proper development of the site in accordance with Policies DM01, DM04, DM05 and DM06 of the North Devon and Torridge Local Plan.
4. No development shall take place (including demolition. ground works and vegetation clearance) until a construction environmental management plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following:
(a) Risk assessment of potentially damaging construction activities (b) Identification of ‘biodiversity protection zones’ (c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (d) The location and timing of sensitive works to avoid harm to biodiversity features (e) The times during construction when specialist ecologists need to be present on site to oversee works (f) Responsible persons and lines of communication (g) The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person (h) Use of protective fences, exclusion barriers and warning signs.
The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the Local Planning Authority.
Reason: In the interests of Highways, Amenity and Ecology in compliance with Policies DM02, DM05, and DM08 of the North Devon and Torridge Local Plan.
5. No development shall take place until a detailed landscape and ecological management plan (LEMP) has been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. The content of the LEMP will address the implementation and management of all landscape and biodiversity avoidance, mitigation and enhancement measures of the development as set out within the [Design and Access and Statement / Environmental Statement / Ecological Impact Assessment (EcIA) etc.] and shall include:
(a) Proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant (b) Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants (noting species, plant sizes and proposed numbers/densities); implementation and management programme (c) A description and evaluation of landscape and ecological features to be created managed and ecological trends and constraints on site that might influence management (d) Aims and objectives of management (e) Appropriate management options for achieving aims and objectives (f) Prescriptions for management actions (g) Preparation of a work schedule (including an annual work plan capable of being rolled forward over a 10- year period) (h) Details of the body or organization responsible for implementation of plan (i) Ongoing landscape and ecological monitoring and implementation of any necessary remedial measures (j) Means of reporting of landscape and ecological monitoring results to [Natural England and the Local Planning Authority] and provisions for seeking written agreement to any changes to the management actions and prescriptions that may be necessary to ensure effective delivery of the aims and objectives of the LEMP over time.
The LEMP shall also include details of the mechanism(s) by which the long- term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the LEMP are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning landscape and biodiversity objectives of the scheme. The development shall be implemented in accordance with the approved details.
Reason: In order to protect and enhance biodiversity on the site in accordance with the aims of Policies ST14 and DM08A of the North Devon and Torridge Local Plan and paragraph 170 of the National Planning Policy Framework.
6. Prior to commencement of the development hereby approved, a Construction Traffic Management Plan shall be submitted to and approved in writing by the Local Planning Authority. Details shall include control measures for dust, noise, lighting, delivery locations and routes, restriction of hours of work and all associated activities audible beyond the site boundary to 0800 hours to 1800 hours Mondays to Fridays and 0800 to 1300 hours on Saturdays, advance notification to neighbours and other interested parties of proposed works and public display of contact details including accessible phone contact to persons responsible for the site works for the duration of the works. The development shall be carried out in accordance with the approved details.
Reason: To protect the occupiers of buildings within the vicinity from noise disturbance and dust and limit inconvenience for all road users.
7. The existing accesses on Bradwell Road shall be effectively and permanently closed in accordance with the submitted details, prior to first occupation of the development and the temporary construction access shall be effectively and permanently closed in accordance with the submitted details within 3 months of completion of the development.
Reason : To minimise the number of accesses on to the public highway and to provide a safe access to the site in accordance with Policy DM05 of the North Devon and Torridge Local Plan.
8. Prior to the commencement of any site clearance, groundworks or construction, the Local Planning Authority shall be provided with the results of a phase one (desktop) survey for potential ground contamination. The report shall be prepared by a suitably qualified person and sufficient to identify any and all potential sources of ground contamination on any part of the development site. Thereafter, depending on the outcome of phase one, a proposal for any phase two (intrusive) survey that may be required along with any remediation strategy shall be presented to and agreed with the planning authority.
Reason: In the interest of human health in accordance with Policy DM02 of the North Devon and Torridge Local Plan.
9. Prior to commencement of Phase 2 of the development hereby permitted, details of the construction and management of the Tarka Trail extension within the site shall be submitted to and approved in writing and shall be constructed in accordance with approved details as part of Phase 2.
Reason: To enable the LPA to consider details not currently available which form an important part of the development in accordance with Policy
10. Before the development hereby permitted is first capable of use, a scheme shall be agreed with the Local Planning Authority which specifies the provisions to be made for the control of noise emanating from the site.
Reason: To allow the Local Planning Authority to be consider that there will be no detriment to the amenity of the area due to noise breakout through the structure from operations carried out therein in accordance with Policies DM01 and DM04 of the North Devon and Torridge Local Plan.
11. During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site outside the following times:
a) Monday - Friday 07.00 - 18.00, b) Saturday 09.00 - 13.00 c) nor at any time on Sunday, Bank or Public holidays.
Reason: To protect the amenity of local residents in accordance with Policy DM02 of the North Devon and Torridge Local Plan.
12. The cladding of the holiday lodges shall be coloured natural larch and burnt larch or such other colour as may otherwise be agreed in writing by the Local Planning Authority. The cladding shall comprise either self-colour or pre- painted sheets.
Reason: In the interests of the appearance of the development and locality in accordance with Policy DM04 of the North Devon and Torridge Local Plan.
13. The holiday accommodation units hereby approved: a) shall be occupied for holiday purposes only; b) shall not be used as permanent residential accommodation or occupied as a person's sole, or main place of residence; and c) the owner/operators shall maintain an up to date register of the names of all owners/occupiers of individual units on the site and of their main home addresses and shall make this information available at all reasonable times to the Local Planning Authority.
Reason: The site is in a location within which new permanent residential use would not be acceptable in policy terms. However, use for holiday purposes only is considered acceptable in accordance with Policies ST07 and DM18 of the North Devon and Torridge Local Plan.
14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any order revoking and re- enacting that Order) express planning permission shall be obtained for any development within class(es) A to H of Part 1 and/or class(es) A and B of Part 2 of Schedule Two of the Order.
Reason : To allow the Local Planning Authority to consider the impact of future development on the appearance and character of the development in the area/neighbouring amenity/highway safety in accordance with the requirements of Policies DM04/DM01/DM05 of the North Devon and Torridge Local Plan.
15. Should any unexpected contamination of soil or groundwater be discovered during development of the site, the Local Planning Authority should be contacted immediately. Site activities within that sub-phase or part thereof, should be temporarily suspended until such time as a procedure for addressing any such unexpected contamination, within that sub-phase or part thereof, is agreed upon with the Local Planning Authority or other regulating bodies.
Reason: In the interest of human health in accordance with Policy DM02 of the North Devon and Torridge Local Plan.
Informatives
1. The above consent requires the submission of further details to be approved either before works commence or at identified phases of construction.
To discharge these requirements will mean further formal submissions to the Authority on the appropriate forms, which can be completed online via the planning Portal www.planningportal.gov.uk or downloaded from the Planning section of the North Devon Council website, www.northdevon.gov.uk.
A fee may be required [dependent on the type of application] for each separate submission [if several or all the details are submitted together only one fee will be payable].
Further details on this process are available on the Planning section of the Council’s website or by contacting the Planning Unit at Lynton House, Commercial Road, Barnstaple.
2. For the purpose of interpreting the restrictions expressed in condition *** of this consent, permitted development rights have been removed in respect of the following classes:
Part I: CLASS A The enlargement, improvement or other alteration of a dwelling-house Part I: CLASS B The enlargement of a dwelling-house consisting of an addition or alteration to its roof Part I: CLASS C Any other alteration to the roof of a dwelling-house Part I: CLASS D The erection or construction of a porch outside any external door of a dwelling-house Part I: CLASS E The provision within the curtilage of a dwelling-house of - a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house as such, or the maintenance, improvement or other alteration of such a building or enclosure; or b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas Part I: CLASS F Development consisting of – a) the provision within the curtilage of a dwelling-house of a hard surface for any purpose incidental to the enjoyment of the dwelling-house as such; or b) the replacement in whole or in part of such a surface Part I: CLASS G The installation, alteration or replacement of a chimney, flue or soil and vent pipe on a dwellinghouse Part I: CLASS H The installation, alteration or replacement of a satellite antenna on a dwelling-house or within the curtilage of a dwelling-house
Part II: CLASS A The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure Part II: CLASS B The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this Schedule [other than by Class A of this Part]
Further detailed information can be obtained from the Local Planning Authority, including a guide to householder development, and the Planning Portal at www.planningportal.gov.uk
3. 1. The Local Planning Authority are advised that any connection to the public sewerage system will result in the South West Water Limited levying charges in accordance with the provisions of the Water Industry Act 1991.
2. The Local Planning Authority are advised that a grease/silt trap must be installed in the drainage system serving the food preparation area before it connects to the public foul sewer.
3. Gullies serving the car parking and servicing area shall be trapped to prevent the discharge of oil, grease, etc. to the public surface water sewer.
4. The Local Planning Authority are advised that there should be no increase in the rate of discharge of surface water to the public foul sewer. The use of soakaways on the site must be referred to the Environment Agency who will comment on their suitability.
4. The applicant is advised that any materials imported/exported from the site may require licensing/registering with the Environment Agency's Waste Licensing Section. For further information contact The Environment Agency, Exminster House, Miller Way, Exeter, EX6 8A3 Tel: 01392 444000.
5. The building is of an age where materials containing asbestos may have been used in its construction or subsequent modification. The building should be surveyed for such materials prior to conversion by a suitably qualified person. Where found, materials containing asbestos should be removed and disposed of in accordance with current legislation and guidance.
6. The proposals include an indoor swimming pool and children's play areas. The applicant should be advised to contact North Devon Council's Health & Safety team if they have any doubts as to health and safety responsibilities and requirements relating to the proposals.
7. Statement of Engagement In accordance with paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way and has imposed planning conditions to enable the grant of planning permission. This has included discussions with the applicant and consultees, including the submission of additional infomation where necessary.
Inserts
O.S. Location Plan List of representations names and addresses