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Officer Report PLANNING APPLICATION REPORT Case Officer: Nicola Glanville Ward: North Tawton Ward Member: Cllr N Morgan Application No: 00365/2014 Agent/Applicant: Mr A Dowding Westcountry Rivers Trust Rain-Charm House Kyl Cober Parc Stoke Climsland Callington Cornwall PL17 8PH Site Address: The Barton, North Tawton, Devon, EX20 2BB Development: Works to reduce weir and associated works including removal of trees. © Crown copyright and database rights 2014 Ordnance Survey 100023302 Scale 1:2500 For internal reference only – no further copies to be made Reason item is being put before Committee: Cllr N Morgan: ‘I wish to take the above application to committee on the grounds that the alterations as proposed will alter the river levels so causing the levels in the leat to drop which would mean any proposal that came forward as part of the Wool Mill development for Hydro generation would not be able to take place.’ 17 Recommendation: Conditional consent Conditions: 1. Standard time limit 2. Strict compliance with the drawings numbered FE/264/6 and FE264/1. 3. All ecological measures shall be carried out in accordance with the details contained in Section 8 of the Ecological Appraisal (and as reflected in the 'Conservation and Biodiversity' section of 'North Tawton Weir Fish Easement' ref: CRF TRIP TAW 2) as already submitted with the planning application. Any changes to the ecological measures as a result of the pre-commencement protected species shall be immediately communicated to the LPA. 4. Prior to commencement full details of the proposed tree planting of 10 native whips (1.8-2.1m size), including species selection, location and planting methodology shall be submitted to and agreed in writing by the LPA. The trees shall be retained, protected and replaced as necessary thereafter. 5. Prior to commencement full details of a tree protection plan shall be submitted to and agreed by the LPA. 6. Prior to commencement details of a formalised stock drinking point shall be created away from the weir to encourage stock not to access the bare earth bank shall be submitted to and agreed by the LPA. This stock drinking point shall be created outside of the Root Protection Areas of river bank trees. 7. Prior to commencement full details of the proposed protective fencing shall be submitted to and approved by the LPA. Key issues for consideration: In assessing this proposal the key issues for consideration are the landscape impact of the proposal through the loss of trees; the ecological impact on wildlife through the loss of trees and proposed works to the weir; the historical impact through alterations to an archaeological/historic feature; the effect on a Public Footpath (The Tarka Trail) alongside the river and the future impact of the development on the Woollen Mill Development Brief proposals and future of the Woollen Mill leat. Site Description: The site is located on the River Taw at OS Grid Reference 658 007 adjacent to the rear of The Barton, North Tawton. The site consists of a river weir and old leat to the Woollen Mill. (The leat does not form part of the proposal). The river is situated in a river gully at this point and the river banks are lined with trees. Beyond the western river bank is a flat, flood plain, which is used as pasture land. Land to the east of the river is at a higher level. The site is not within a Conservation Area and is not Listed. A Public footpath (The Tarka Trail) follows the western river bank next to the site. There are no TPO trees within the site. The Proposal: The proposal involves works to the weir which involve reducing the height of the weir crest by 1.2m to better enable the migration of fish upstream. Historically the weir has caused impounding water and a physical barrier in the water course for migrating fish. The project is being conducted in partnership with the Environment Agency to improve Water Framework Directive status in line with national targets. In order to carry out the works a Fish Easement (rather than a Fish Pass) has been proposed. This involves bisecting the river longitudinally using 1 tonne gravel bags and an impermeable membrane and draining a linear section of the river whilst works are carried out. 18 The river will still continue to flow uninterrupted, except for the section where works are to be carried out. No redirection of the river will be necessary. The proposal also proposes the removal of some trees along the river bank to enable machinery and plant to access the river. Three trees will definitely be removed, with the possibility of 2 further removals if necessary. Ten 1.8-2.1m native whips will be planted in mitigation. The weir does appear on historic mapping and is identified as an archaeological feature. There is also an Ancient Monument site on the eastern bank, but this will be unaffected by the works, as access to the site is to be gained from an existing track and field to the west of the site. Consultations: County Highways Authority – No comment Environmental Health Section – No comment North Tawton Town Council – Object on the following grounds: (i) The supporting Ecological report submitted with this application proposed that a fish pass should be installed on the weir, but the application is to reduce the height of the weir. (ii) WDBC’s North Tawton Woollen Mill Development Brief states ‘the existing leat is an important element of the site and must be retained and enhanced as part of any development proposal.’ Landscape Officer – (i) Landscape Setting of Proposal The application is to partially remove North Tawton weir located on the River Taw north of The Barton. The river at this point is edged with trees of varying age and the site directly adjoins The Tarka Trail with the first leg of the proposed site access route also following a public footpath running north from Higher Newland. The route of these two footpaths very much adds to the visibility of the works and the importance of a sensitive methodology, the site area is however limited. (ii) Proposed loss of trees Page 15 of the document North Tawton Weir Fish Easement dated 17th February 2014, states that 3 trees are scheduled for removal with the possibility of 2 more. The documentation clearly identifies those trees to be removed and demonstrates that there are a number of trees to be retained in close proximity to those removed suggesting that the canopy loss will be quickly filled. As mitigation for this loss the applicant plans to plant 10 native whips (1.8-2.1m size). This is a reasonable proposal but please condition that further details are provided for our written approval; this should cover species selection, location and planting methodology. 19 Appendix 4 on the above document ‘General Arrangement’ drawing states that retained existing trees will be protected, please condition the detail of the tree protection planned. (iii) Stock Drinking Point The Method Statement from J Saunders Building Contractor states that a formalised stock drinking point will be created away from the weir to encourage stock not to access the bare earth bank; please request that this point is outside of the Root Protection Areas of river bank trees. Please also condition details of the proposed fencing. No overriding landscape or tree concerns subject to detail as outlined above. Countryside Officer – The Ecological Appraisal noted the following main points with regards to protected species and habitat: (i) The trees proposed for removal had no potential for bat roost sites, however use of river as bat commuting/foraging feature is assumed. (ii) There were no signs of otter in the nearby surrounding area. While the terrestrial areas neighbouring the weir offered little opportunity for otters, their use of the river is assumed as part of their foraging area. (iii) There were no signs of badger were recorded within the survey area, although the desk study indicates that they are likely to present in the general area. (iv) There was suitable habitat for nesting birds within the survey area. (v) Fish would be likely to be present in the area to be affected by works. The works will be undertaken in daylight hours only, avoiding artificial lighting which could impact on times when these protected species are predominantly active. The ecologist has detailed other mitigation measures to avoid/minimise impact on protected species and habitats, including a pre-commencement protected species check by an ecologist, electro- fishing and adhering to PPG5. Subject to adherence to the mitigation detailed within the Ecology Appraisal and reflected in the Design and Access Statement, it is reasonable to conclude that the proposed development will cause minor temporary disturbance to riparian habitats. It is considered that the mitigation will minimise any impact on protected species, and that any offence (as defined by the Habitats Regulations) is unlikely. The proposal seems well considered, and the aim of facilitating fish migration is a positive measure. Should you be minded to approve the application, I would suggest the following condition: (i) All ecological measures shall be carried out in accordance with the details contained in Section 8 of the Ecological Appraisal (and as reflected in the 'Conservation and Biodiversity' section of 'North Tawton Weir Fish Easement' ref: CRF TRIP TAW 2) as already submitted with the planning application. Any changes to the ecological measures as a result of the pre-commencement protected species should be immediately communicated to the LPA. Drainage Engineer – The River Taw is main river and so falls under the jurisdiction of the Environment Agency.
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