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.

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.’

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.

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.

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. The leat is fed from this and feeds into it down stream. The EA have

20 confirmed that they do not believe that these works will cause any increase in flood risk downstream. Based on the information supplied and the assurances provided by the EA and the West Country Rivers Trust, I have no objections to these proposals.

Environment Agency – We are in agreement with West Country Rivers Trust that according to the information supplied and our knowledge of the site flood risk will be the same or reduced due to the weir being removed.

County Archaeologist – No comment. Comment from the applicant Westcountry Rivers Trust – ‘My planning application contains a section on flood risk, incorporating flow data. The application has been approved by the Environment Agency and Flood Defence Consent granted (FDC/D/2014/019) which you can find attached for your convenience.

I have not felt it necessary to submit any further information because the flood risk associated with this project is negligible. The process in determining the flood risk being of little or no consequence is as follows: (i) The Woollen Mill and Mill Lane are at greatest flood risk from increased flows in the leat system; (ii) The leat will be left disused (as it currently is) with a lower river water level behind the leat entrance; (iii) A lower river level upstream will require a greater flow in the main river to flood the leat, therefore the flood risk is actually reduced in the leat system. (iv) The leat system rejoins the main river upstream of the road bridge, therefore the cumulative flows of leat + river is restricted by the bridge in terms of conveyance. This is therefore the same before and after our project and of no consequence.’ Representations – No representations received.

Relevant Planning History – No relevant planning history.

ANALYSIS

Principle of Development/Sustainability: The works to weir which involve reducing the height of the weir crest by 1.2m will better enable the migration of fish upstream. The project is being conducted in partnership with the Environment Agency to improve Water Framework Directive status in line with national targets. The benefits to future health of fish numbers in the river will be improved by this development.

Design/Landscape: An Ecological appraisal has been submitted and the proposal has been well considered as detailed in the Countryside Officer’s comments. There will be minimal disturbance to wildlife and mitigation measures would minimise any impact on protected species, so that any offence (as defined by the Habitats Regulations) is unlikely.

The benefits to the river wildlife and future fish numbers outweigh any temporary disturbance caused in carrying out the river works. However, it is considered appropriate to apply the following condition to ensure adherence to the Ecological Appraisal submitted:

The proposal also involves the removal of three to five trees to allow access to the site. The trees have been identified as poor specimens and mitigation measures are proposed by the planting of replacement whips. The Landscape Officer has no objection to the proposal subject to the submission of further details outlining the following: the proposed tree planting of 10 native whips (1.8-2.1m size), including species selection, location and planting methodology; a tree protection plan; details of a formalised stock drinking point to be created away from the weir to encourage stock not to access the bare earth bank, which shall be created outside of the Root Protection Areas of river bank trees; and, details of the proposed protective fencing.

Neighbour Amenity: Unaffected by the proposal as there are no nearby neighbours and the EA have agreed there will be no increased flood risk.

Highways/Access: Unaffected by the proposal.

Tarka Trail: The footpath will be uninterrupted by the proposal and the site works are to be fenced off from Public access to ensure people’s safety. The Woollen Mill Leat: Concerns have been raised by North Tawton Town Council and the Ward Member as to the effect that the proposal will have on the future of the Woollen Mill Leat. Although the leat does not form part of the application being determined the proposed works to reduce the height of the river could potentially reduce the water level in the river and thereby reduce the flow of water to the leat. The leat forms part of the North Tawton Woollen Mill Development Brief, which included plans for the restoration and enhancement of the Woollen Mill and its surroundings, including the leat. This brief did not include plans for the reuse of existing machinery on site to produce hydro-electricity using the leat. It is important to note that there is currently no scheme for or permission for a hydro electric scheme at the North Tawton Woollen Mill and similarly the recent scheme for its redevelopment, whilst including repair fo the leat and mill pond, did not include any scheme for hydro electric power generation or the re-use of the leat. As such whilst there is an aspiration to incorporate this at some time at present it is only aspirational and speculative. The leat itself has not flowed for many years and the abstraction licence at the weir has been revoked (in 2012). As such the redevelopment was not considered by the Westcountry Rivers Trust as part of this planning application. The Westcountry Rivers Trust attended a meeting on 13th May 2014 with the Town Council to explain the proposal, and will have met on site by the date of the Planning Committee meeting (3rd June) to discuss plans and options to ensure the Town Council’s plans are not rendered obsolete by the Westcountry Rivers Trust’s actions. The Westcountry Rivers Trust wishes to work with the Town Council and has adjusted the design brief to include “the potential for the leat to convey water in the future”.

The Westcountry Rivers Trust has suggested the following alternative solutions with the minimum of adjustments to the planning application:

 the leat entrance may be lowered at a later date to accommodate the reduced river level in line with the reduced weir level. This would have to be incorporated into the Woollen Mill redevelopment plan.  The use of alternative sustainable technology may be employed to provide a sweetening flow to the leat, e.g. a ram pump (Papa Pump® or similar) be installed to provide alternative flow without the use of the existing sluice gate.  Any flow existing within the leat that does not originate from the river, may be enhanced from surrounding land drainage. The leat appears to have a direct catchment area in excess of 1km2 (>100 hectares or >250 acres) from the land directly East and this run-off could be channelled to the leat, creating flow.

Due to the revocation of the abstraction licence at North Tawton weir, the Town Council will have to include sustainable options within the redevelopment plan in order to achieve its aims of enhancing the leat. If water abstracted from the river is an option they wish to consider then a new abstraction licence will need to be applied for and this application will have to meet stringent conditions by the Environment Agency which includes ensuring fish migration is catered for and the restriction of creating a depleted reach of main river. Archaeology: The weir and leat is shown on historic mapping. The County Archaeologist has been working with the Westcountry Rivers Trust on this proposal and was consulted by the LPA. No comments have been received. Flood Risk Downstream: The Environment Agency and the Borough Drainage Engineer are satisfied the works to the weir will not increase the risk of flooding downstream. The works are considered an improvement to water flow and drainage and would reduce the risk of flooding. Conclusion: The benefits to the health of the river by enabling fish to migrate up stream far outweigh the loss of trees and any temporary disturbance caused to fauna by the proposed works. The future of the Woollen Mill leat is not compromised by the proposal as alternative measures and solutions are feasible to enable the leat to flow in the future, should a river abstraction licence be approved by the Environment Agency. In addition, the works to the weir itself are also not irreversible, should the Woollen Mill Development Brief near implementation. The immediate benefits to the river are important and this should be considered a priority at this time. For the above reasons, the proposal is considered acceptable in Planning terms. Planning Policy This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004 and, where relevant, with Sections 66 and 72 of the Town and Country Planning Act 1990 (Listed Buildings and Conservation Areas).

Planning Policy NPPF:

West Devon Borough Council Core Strategy 2011 SP1 – Sustainable Development

SP17 – Landscape Character SP18 – The Heritage and Historical Character of West Devon SP19 – Biodiversity SP20 – Promoting High Quality Design SP21 – Flooding

West Devon Borough Council Local Plan Review 2005(as amended 2011) NE10 – Protection of the Countryside and Other Open Spaces BE4 – Features and Artefacts of Local Importance T3 – Protection of Existing Footways, Cycleways and Bridleways

Considerations under Human Rights Act 1998 and Equalities Act 2010 The provisions of the Human Rights Act 1998 and Equalities Act 2010 have been taken into account in reaching the recommendation contained in this report. ______