(Public Pack)Agenda Document for Planning Committee, 13/02/2019 10:00

Public Document Pack North Devon Council Brynsworthy Environment Centre Barnstaple North Devon EX31 3NP

M. Mansell, BSc (Hons), F.C.P.F.A. Chief Executive.

PLANNING COMMITTEE

A meeting of the Planning Committee will be held in the Barnstaple Rugby Club Main Room - Barnstaple Rugby Club on WEDNESDAY, 13TH FEBRUARY, 2019 at 10.00 am.

(NOTE: A location plan for the Rugby Club is attached to the agenda front pages)

NOTE: Please note that copies of letters of representation have been placed on North Devon Council’s website and are also available in the Planning Department.

ALSO: A break at lunchtime may be taken at the discretion of the Committee dependent upon the speed of progress of determining the planning applications on the agenda.

PARKING: Please note that the Rugby Club is a pay and display car park (£1.70 all day). Other nearby car parks are located at Mill Road Car Park (adjacent to the Rugby Club – 40p per hour, maximum stay 3 hours), Fairview (£1.70 all day) or Rolle Quay (£1.10 per hour for 1 – 4 hours. 5 hours - £5.60, 6 hours - £6.80, 7 hours - £8.00, 8 hours - £9.20).

Members of the Planning Committee Councillor Ley (Chairman)

Councillors Bonds, Chesters, Crabb, Croft, Edmunds, Flynn, Fowler, Gubb, Lane, Leaver, Prowse, Spear, Tucker, Worden and Yabsley

AGENDA

1. Apologies for absence

2. To approve as a correct record the minutes of the meeting held on 12th December 2018 (Pages 1 - 2)

3. Items brought forward which in the opinion of the Chairman should be considered by the meeting as a matter of urgency

4. Declaration of Interests (Please complete the form provided at the meeting or telephone the Corporate and Community Services Team to prepare a form for your signature before the meeting. Items must be re-declared when the item is called, and Councillors must

leave the room if necessary)

5. To agree the agenda between Part 'A' and Part 'B' (Confidential Restricted Information)

PART A

6. 63167: Lee Bay Hotel, Lee (Pages 3 - 134) Demolition of existing Hotel, erection of 23 dwellings, formation of new Public Open Space, extension to existing Car Park, erection of café & WC block & associated landscaping, drainage and highway works (Amended plans & documents)(Revised information)(Additional information), Lee Bay Hotel, Lee, Ilfracombe, EX34 8LR. Report by Head of Place (attached).

7. 65724: Land adjacent Fremington Cemetery, Old School Road, Fremington (Pages 135 - 164) Erection of one building to provide funeral parlour with associated offices, workshops & garaging together with erection of supervisory dwelling with detached garage, land adjacent to Fremington Cemetery, Old School Road, Fremington. Report by Head of Place (attached).

8. 65904: Jordan Close (Pages 165 - 168) Installation of stone path & timber post & rail fence, Jordan Close, Barnstaple, EX32 9DN. Report by Head of Place (attached).

9. 65980: Twinmoor View (Pages 169 - 204) Removal of conditions 3 (Pedestrian / vehicular access), 4 (Alternative access arrangements) & 5 (Existing access) attached to Planning Permission 62729 (Conversion of building to Form One dwelling), to allow the use of the existing access, Twinmoor View, Barnstaple, EX31 4JG. Report by Head of Place (attached).

PART B (CONFIDENTIAL RESTRICTED INFORMATION) Nil.

If you have any enquiries about this agenda, please contact Corporate and Community Services, telephone 01271 388253

NOTE: Pursuant to Part 3, Annexe 1, paragraph 1 of the Constitution, Members should note that:

"A Member appointed to a Committee or Sub-Committee who:

(a) Arrives at a meeting during the consideration of an item; or (b) Leaves a meeting at any time during the consideration of an item;

Shall not:

(i) propose or second any motion or amendment; or (ii) cast a vote

in relation to that item if the Committee or Sub-Committee (as the case may be):

(c) Is sitting in a quasi-judicial capacity in relation to that item; or (d) The item is an application submitted pursuant to the Planning Acts and, in such a case, the Member shall also leave the room if at any time the public and press are excluded in respect of that item."

REGISTERING TO SPEAK

 If you wish to address the Planning Committe you should contact the Committee Administrator in advance of the Committee on 01271 388253 or speak to them just before the meeting commences.

WHAT HAPPENS AT COMMITTEE?

 The Chairman will introduce himself/herself  The Planning Officer will present his/her report  The Chairman will call out the names of individuals who have registered to speak  Speakers will be restricted to 3 minutes each (which is timed and bleeped). A maximum of six supporters and six objectors of the application may speak at committee. The applicant or agent and representative of the parish council may also speak at committee.  Once public participation has finished, the Planning Officer will be given the opportunity to respond or to clarify any points that have arisen from the public participation exercise  The Members of the Committee shall then debate the application (at this point the public shall take no further part in the debate)

WHEN SPEAKING

 State clearly your name, who you are representing and whether you are supporting or objecting to the application  Speak slowly, clearly and loud enough for everyone to hear you, and direct your comments to the Chairman and the Committee  Try to be brief, avoid being repetitive, and try to prepare what you want to say beforehand.

WHAT HAPPENS NEXT?

 A record of the decisions taken at the meeting is produced (known as the “minutes of the meeting”)  The minutes of the meeting are published on the Council’s Website: www.northdevon.gov.uk

APPOINTMENT OF SUBSTITUTE MEMBERS AT MEETINGS OF THE PLANNING COMMITTEE

In accordance with the North Devon Council Constitution, a Member or Leader or Deputy Leader of a Political Group, appointing a substitute shall notify the Proper Officer of the name of his/her substitute. Notification by a Member purporting to be a substitute Member will not be accepted.

In the case of a substitution to the Planning Committee, the substitute Member shall sign and lodge this certificate with the Corporate and Community Support Manager confirming the acceptance of the appointment and that they have completed all Planning training modules provided to Members.

DATE OF PLANNING COMMITTEE: ...... [Insert date]

For completion by Member of the Planning Committee requiring a substitute

I, Councillor...... [print name], hereby declare that I appoint

Councillor ...... [insert name of substitute Member] to substitute for me at the above mentioned meeting of the Planning Committee:

[signature]...... [date]...... OR

For completion by Leader/Deputy Leader of a political group nominating a substitute

I, Councillor...... [print name of group Leader/Deputy Leader], hereby declare that I appoint Councillor ...... [insert name of substitute Member of same political Group] to substitute for Councillor

...... [insert name] at the above mentioned meeting of the Planning

Committee.

[signature]...... [date]...... AND

For completion by substitute Member accepting appointment of substitute

I, Councillor ...... [print name], hereby confirm that I accept the appointment of Substitute for the above mentioned Planning Committee and hereby confirm that I have undertaken all appropriate Planning training modules in relation to the same.

[signature]...... [date]......

NOTE: FORM TO BE COMPLETED AND RECEIVED BY CORPORATE AND COMMUNITY SUPPORT PRIOR TO THE COMMENCEMENT OF THE MEETING

North Devon Council protocol on recording/filming at Council meetings

The Council is committed to openness and transparency in its decision-making. Recording is permitted at Council meetings that are open to the public. The Council understands that some members of the public attending its meetings may not wish to be recorded. The Chairman of the meeting will make sure any request not to be recorded is respected.

The rules that the Council will apply are:

1. The recording must be overt (clearly visible to anyone at the meeting) and must not disrupt proceedings. The Council will put signs up at any meeting where we know recording is taking place.

2. The Chairman of the meeting has absolute discretion to stop or suspend recording if, in their opinion, continuing to do so would prejudice proceedings at the meeting or if the person recording is in breach of these rules.

3. We will ask for recording to stop if the meeting goes into ‘part B’ where the public is excluded for confidentiality reasons. In such a case, the person filming should leave the room ensuring all recording equipment is switched off.

4. Any member of the public has the right not to be recorded. We ensure that agendas for, and signage at, Council meetings make it clear that recording can take place – anyone not wishing to be recorded must advise the Chairman at the earliest opportunity.

5. The recording should not be edited in a way that could lead to misinterpretation or misrepresentation of the proceedings or in a way that ridicules or shows a lack of respect for those in the recording. The Council would expect any recording in breach of these rules to be removed from public view.

Notes for guidance:

Please contact either our Corporate and Community Services team or our Communications team in advance of the meeting you wish to record at so we can make all the necessary arrangements for you on the day.

For more information contact the Corporate and Community Services team on 01271 388253 or email [email protected] or the Communications Team on 01271 388278, email [email protected].

The Barnstaple Rugby Club full address is: Barnstaple RFC, Pottington Road, Barnstaple, EX31 1JH.

At the traffic lights at the end of Rolle Street on the B3149 turn either left or right onto Mill Road according to the direction that you are travelling from. Follow the road along and turn right onto Pottington Road.

The Rugby Club is located on your left. Please note that the Rugby Club is a pay and display car park (£1.70 all day). Other nearby car parks are located at Fairview (£1.70 all day) or Rolle Quay (£1.10 per hour for 1 – 4 hours. 5 hours - £5.60, 6 hours - £6.80, 7 hours - £8.00, 8 hours - £9.20).

5.02.19

Agenda Item 2 Planning Committee - 12 December 2018

NORTH DEVON COUNCIL

Minutes of a meeting of Planning Committee held at Barnstaple Rugby Club Main Room - Barnstaple Rugby Club on Wednesday, 12th December, 2018 at 10.00 am

PRESENT: Members:

Councillor Ley (Chairman)

Councillors Chesters, Bonds, Croft, Flynn, Gubb, Lane, Leaver, Mackie, Prowse, Spear, Tucker and Worden

Officers:

Head of Corporate and Community Services, Senior Solicitor, Lead Officer - Planning Policy and Lead Planning Officer (South Molton), Senior Corporate and Community Services Officer.

68. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Edmunds and Yabsley. Councillor Mackie had been appointed as a Substitute Member for Councillor Edmunds.

69. TO APPROVE AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON 14TH NOVEMBER 2018.

RESOLVED that the minutes of the meeting held on 14th November 2018 (circulated previously) be approved as a correct record and signed by the Chairman.

70. DECLARATION OF INTERESTS

Item 7: Councillor Lane declared a Disclosable Pecuniary and Prejudicial interest in the above application and left the meeting.

71. 65497: CONVERSION OF AGRICULTURAL BUILDING TO FORM LIVE/WORK UNIT (PART RETROSPECTIVE), DEER HAVEN, GREEN LANE, SWIMBRIDGE, BARNSTAPLE, EX32 0FF.

The Committee considered a report by the Head of Place (circulated previously – now appended).

Maria Bailey (agent), Steve Bird (applicant) and Tamar Venner (applicant’s partner) addressed the Committee.

1 Page 1 Agenda Item 2 Planning Committee - 12 December 2018

Councillor Luggar (Ward Member) addressed the Committee.

In response to a question, the Lead Planning Officer explained how the judgements had been reached against each criteria within policies ST10, DM05, DM14 and DM27 of the adopted Local Plan. She confirmed that no enforcement action had been taken on the unauthorised change of use from an agricultural building to an industrial use pending the result of the part retrospective planning application.

RESOLVED (unanimous) that the application be REFUSED as recommended by the Head of Place.

72. 65685: ERECTION OF AGRICULTURAL BUILDING, LAND OFF BIRCH ROAD, LANDKEY.

Councillor Lane declared a Disclosable Pecuniary and Prejudicial interest in the above application and left the meeting.

The Committee considered a report by the Head of Place (circulated previously – now appended).

In response to a question, the Lead Planning Officer advised that as the site was located within 25 metres from a classified road, it was a full planning application and there would be no permitted development rights.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Head of Place.

Chairman The meeting ended at 10.35 am

2 Page 2 Agenda Item 6

App. No.: 63167 Reg. : 06/06/2017 Applicant: ACORN BLUE L. Bldg. : Expired: 05/09/2017 Agent : PLANNINGSPHERE LTD Parish : ILFRACOMBE Case Officer : Mr. R. Pedlar

Proposal: DEMOLITION OF EXISTING HOTEL, ERECTION OF 23 DWELLINGS, FORMATION OF NEW PUBLIC OPEN SPACE, EXTENSION TO EXISTING CAR PARK, ERECTION OF CAFE & WC BLOCK & ASSOCIATED LANDSCAPING, DRAINAGE & HIGHWAY WORKS (AMENDED PLANS & DOCUMENTS) (REVISED INFORMATION) (ADDITIONAL INFORMATION) Location: LEE BAY HOTEL LEE ILFRACOMBE EX34 8LR

INTRODUCTION

When the application was last considered at the meeting on 14 th November 2018 it was resolved that consideration of the application should be deferred for a maximum of three cycles (to February 2019) and that it be brought back to the committee prior to that date if possible.

Following deferment, the applicant was reminded that at the October 2018 meeting members resolved that separate from the viability consideration, the applicant should take on board other elements of concern relating to: • A reduction of the number of units • Re-design of the scheme to open up the centre of the site • Provision of affordable housing • A section 106 agreement to be agreed in principle for contributions for public open space and education.

In terms of viability an updated appraisal has been submitted by JLL on behalf of the applicant and made publicly available. A copy has been sent to Plymouth City Council (PCC) for independent assessment.

In respect of bullet point 4, the applicant has confirmed that the commuted sum contributions towards POS and Education are agreed and can be secured by a S106 agreement.

Since the previous meeting a Housing Needs Report (copy attached) has been published, which establishes the need in Lee for 7 affordable homes within the next 5 years. The applicant has been made aware of this in relation to bullet point 3.

In response to a request of the applicant for an update on the proposals, taking on board the above points including bullet points 1 and 2, just prior to preparing this report the agent sent an email on 29 th January, which is attached for information.

Essentially, at the time of writing this report: • Further development costs information is to be submitted to NDC and PCC. • The applicant maintains that a 23 unit scheme is viable, but an 18 unit scheme is not. • The applicant intends submitting further and final revised plans ‘compromise’ proposal for 21 No. dwellings, with revised plans by 12 th February. • They will also address other issues raised by NDC following adoption of the North Devon and Torridge Local Plan. • A further deferral is requested. Page 3 Agenda Item 6

PROPOSAL

As previously reported the current application proposes a revised scheme for the residential redevelopment of the site comprising: demolition of existing hotel; erection of 23 residential units; formation of new public open space; extension to existing car park; erection of café and WC block; and associated landscaping, drainage and highway works.

The applicant explains the design concept is that:

• The development will be kept to the valley sides to minimise the impact on the openness of the setting. • Generous breaks in the built form will allow views across the landscape towards the valley floor. • Further views open up in line with the tourist path and road at right angles to the valley side. The replacement building is pulled away from the road edge to open up the road and allow better views of the sea front. • Highway improvements through additional pavement route to the sea front. • A large area of the site is left free of built form to maintain the natural green landscape. • Existing stream reworked to provide a natural feature as well as increasing biodiversity and improving flood risk conditions. • Proposed public open space is extended from the bay into the grounds of the former hotel to help bring the seafront further up the valley with valuable space for visitors to take a pause and enjoy the views. • A new building housing a café and public toilets marks the end of the newly surface and reorganised car park. This subtle but well detailed building helps mark the end of the journey and the arrival to Lee Bay. • Proposed new footpaths running through the site will connect the existing public routes on either side of the site and encourage people to experience the green landscape and reworked stream. • Proposed routes link to the wider network of existing footpaths. • Existing car park upgraded with improved landscaping, access and additional spaces added .

The agent states that the design of the revised scheme moves away from the previous town house typology in respect of the second and third buildings, and now reads as three individual buildings as described in Section 3.0 of the Planning and Regeneration Statement. In addition, the frontage Arrival Building has been refined and the approach to landscaping has been de-engineered.

Amended plans and information were received in August and September 2017 which addressed the following:

Changes to landscape: • Key focal trees added to the southern valley garden area to mark / identify the threshold into each of the three northern buildings. • Amendments made to the northern car park areas with four spaces being moved across to the public car park. All dwellings have a minimum of one parking space available within the northern car park areas, with the four spaces located to the public car park being assigned to the larger dwellings that have 2 car spaces in total. This has allowed new Page 4 Agenda Item 6 planting / landscaped areas to be created around the central and north-eastern buildings to allow both buildings to be individually set within the landscape. In addition, the north- eastern car park features new planting that breaks up the row of car parking spaces, thus allowing the landscape to dominate the car park areas.

Changes to Arrival Building: • The west (sea facing) elevation has been amended by removing ‘modern’ projection at first floor to further reduce massing, and to create a more deferential setting to the adjacent listed building. A second chimney has also been added to the building to add additional punctuation and architectural interest to the roofline and the building's relationship to the existing context (local buildings).

Changes to the Middle Building: • Middle Building has been moved east up the valley by 2.4m to be further away from the bay. • South gable has been increased in height slightly with the western gable removed to create hierarchy. • A large section of the roof has been removed and replaced with a setback dormer and terrace to further reduce the scale and massing of the building within the valley. • The upper floor balcony has been removed from the main gable to reduce scale and depth of the building when viewed from the bay. • The design of north (road side) elevation has been updated to provide the aesthetic of a single country house (as opposed to a repetitive terrace of small houses). • A chimney has been added to the roof to reference the local buildings (existing context) and add to the roof scape. Upper Building: no change

Additional Information was received on 8 th February 2018 comprising:

• An updated Viability Statement (Savills) that replaces the originally submitted report prepared by Colliers in respect of site marketing, and also includes an overview and opinion on potential alternative tourism related uses.

• A summary of the full Financial Viability Appraisal (FVA) prepared by Alder King that has been submitted to the Council on a confidential basis under separate cover.

• A Structural Condition Survey prepared by Savills with an associated budget cost estimate for the repair and reinstatement of the hotel building and site, which estimates that a £5.6m capital investment would be required.

• Drawing. No. 14047/L/101A shows the proposed management responsibility, which includes (i) the café and beach car park operator extending to 0.64 ha of publicly accessible land; (ii) the beach front area of public open space (164sqm); and (iii) land extending to 1.14ha that is associated with the proposed residential development and will be managed by a private management company.

In support of the application the agent states that Redevelopment of this previously developed redundant site will deliver a substantial range of economic, social, community and environmental benefits which can be summarised as:

Page 5 Agenda Item 6

• Regeneration of a derelict / eyesore site that is still on the Council’s ‘stalled sites’ list and highlighted for regeneration in the Council’s Draft Lee Bay Conservation Area Appraisal. • Replacement of the redundant hotel building with domestic scale and contextually designed new residential development that works with the site topography creating new views and vistas. • 23 No. residential units. • A landscape-led design with integrated ‘blue’ and ‘green’ infrastructure. • The proposed redevelopment of the site will generate significantly fewer vehicle movements than the extant Hotel use. • New footway provision and associated highway safety betterment. • Provision of new public open space on the sea frontage. • Provision of a new landscaped public car park. • Provision of a new café building also providing public toilets to replace the existing – prospective occupation NT. • Private management company to ensure long term maintenance of the extensive grounds.

Further information was submitted on 24 th July 2018 including a Conversion Option Report for a scheme of 14 residential units and confidential appraisal of the hypothetical conversion scheme.

RECOMMENDATION

Refuse

SITE AND SURROUNDINGS

The existing site comprises an imposing empty hotel building which has been unused as such since 2005 that previously provided accommodation in 56 guest rooms, plus ancillary facilities. The main building is primarily arranged over three floors and is sited on the north side of the site, linear in footprint, looking out on to extensive grounds which have now become overgrown and contain Japanese Knotweed. Immediately to the east is a car park. The grounds are divided by a stream and pond. On the south side of the grounds, are a former open-air swimming pool and a car park, used by the public.

The site is located at the bottom of a valley next to the sea, to the west of Ilfracombe. The application site is located within the Area of Outstanding Natural Beauty, Coastal Preservation Area, Heritage Coast and Lee Conservation Area. At the northwest corner of the site on the opposite side of the road is a grade 2 listed building.

A number of dwellings are located on higher ground to the north of the hotel and there is also a cluster of properties along the seafront to the west. To the south of the site on the valley side is an area of woodland. Further dwellings and commercial premises are located to the east, in the main part of the village.

The principal access to the site is from Ilfracombe, with minor routes to Mortehoe and Woolacombe. The South West Coast Path runs between the hotel site and the sea and a public footpath linking the sea front with the village, runs to the south of the site.

Page 6 Agenda Item 6

REASON FOR REPORT TO MEMBERS

This is a ‘major’ application that has attracted comment both in support and objection, which the Head of Place considers should be determined by Planning Committee.

POLICY CONTEXT

The North Devon and Torridge Local Plan has recently been adopted and the following policies are relevant:

North Devon and Torridge Local Plan (2011-2031)

ST01: Principles of Sustainable development ST02: Mitigating Climate Change 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 ST14: Enhancing Environmental Assets ST15: Conserving Heritage Assets ST16: Delivering Renewable Energy and Heat ST17: A Balanced Local Housing Market ST18: Affordable Housing on Development Sites ST19: Affordable Housing on Exception Sites ST22: Community Services and Facilities ST23: Infrastructure 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 & Seascape Character DM09: Safeguarding Green Infrastructure DM10: Green Infrastructure Provision DM17: Tourism and Leisure Attractions DM24: Rural Settlements DM27: Re-use of Disused and Redundant Rural Buildings Town Strategy - Ilfracombe

Devon County Waste Local Plan W4: Waste Prevention W21: Making Provision for Waste Management

National Planning Policy Framework

Lee Conservation Area Character Appraisal 2018

Page 7 Agenda Item 6

AONB Management Plan

CONSULTEE RESPONSES

Ilfracombe Town Council: The members listened to a presentation by Duncan Powell and Daniel Lugston from Acorn Blue and comments from Trevor Greaves, Alan Bannister, Paul Scarrott and Eric Couling, (Lee & Lincombe Residents Association). Taking these comments into consideration the members moved to approve this application.

(17/10/17) Support. Comment: committee members noted that this was an improved application to the previous submission (which had been recommended for approval by this committee) and moved to recommend Approval on this application. With 2 members against and 2 abstentions the motion was carried.

(27/2/18) Members listened to representations from members of the Lee & Lincombe residents association, however, with 3 abstentions and the remaining 2 committee members split on the decision, a formal recommendation could not be made. Cllrs: P Crabb, G Fowler & M Edmunds declared a personal interest in this item.

Designing Out Crime Officer: Police have no objections in principle, I note and welcome the inclusion of a Crime and Disorder Summary within the Design & Access Statement and its commitment to safety and security including the proposal for the use of ‘secure certified’ locks for all external doors and windows. Please could it be confirmed that this is indeed referring to Secured By Design products and if so, I would request that this level of certification, PAS24 2012 or PAS24 2016 for example, applies to all external door and window sets, not just the locks. (Secured by Design (SBD) is a crime prevention initiative owned by the Mayor’s Office for Policing and Crime (MOPAC) on behalf of the UK police services. SBD aims to reduce crime, the fear of crime and opportunities for ASB and conflict within developments by applying the attributes of Environmental Design (as above) in conjunction with appropriate physical security measures)

Apartments & Houses I have concerns regarding the proposal for informal garden spaces and in particular the apparent open access to the rear of dwellings. This does not address possible issues with security, privacy and keeping young children and dogs secure and safe. I would recommend that all rear gardens are enclosed with 1.5m close boarded fencing, topped with 300mm trellis. This combination would provide both security and privacy for residents but still allow neighbour interaction. The likelihood is that when presented with the open informal gardens, residents will feel the need to install, in some cases unsightly boundary treatments of their own.

Care is required when providing communal parking areas as experience shows they can become unofficial play parks and targets for crime, vandalism and anti-social behaviour, forcing residents to park on the street. The proposed resident’s car parks are overlooked at each end from gable end windows, whilst this is welcomed, it does place the burden of surveillance on the occupants of these dwellings. Regrettably, there is overwhelming evidence to suggest that unless a crime directly involves a member of the public, many will not report it for fear of repercussions. I recommend the carparks have gated entrances for both vehicles and pedestrians, not only restricting access to the car parks but further into the proposed development and the rear of the properties. Car parking areas should be well Page 8 Agenda Item 6 illuminated to provide the potential for natural surveillance during hours of darkness and make them feel as safe as possible for users.

Café, toilets & public car park As previously stated, the isolated position of the café and public toilets leaves the building potentially vulnerable to crime, damage and anti-social behaviour. I therefore reiterate the advice given;- • Toilets being closed to public when café is closed • Consideration of materials and fittings used in toilets (stainless steel for example) • Level of enhanced security for café, including monitored alarm system. Consideration should be given to gating all or part the car park in line with operating hours of the café.

Gates / barriers help prevent potential misuse of the car park particularly by groups of young drivers gathering in their cars, not an altogether uncommon problem for car parks elsewhere in North Devon which can arise at any time.

Re-consultation: The Police have no further comments to add to those made on 20th June 2017.

Flood and Coastal Risk Management Team: Although we have no in-principle objection to the above planning application at this stage, the applicant must submit additional information, as outlined below, in order to demonstrate that all aspects of the proposed surface water drainage management system have been considered.

If the Planning Case Officer is minded to grant planning permission in this instance, I request that the following pre-commencement planning conditions are imposed:

1. The swale design as shown in 'Drawing No. C14641 - C001, Revision D, Date 17/06/2015' is acceptable, however we would like further detailed drawings of these SuDS features in accordance with The SuDS Manual, CIRIA C753 . Required design information will include headwalls, vegetation, gradients and show it's suitability for filtration.

2. Within the given 'Flood Risk Assessment, R/C14641/001.05, Section 6.2', the existing car park to the south of the watercourse is to be reconstructed with permeable materials. This is acceptable; however there is no mention for the same to be undertaken to the car parks adjacent to the residences at the north of the site. I understand that it is the intention for the swale draining the residential area to allow pollutants to settle, however we would like this added precautionary measure of permeable paving to be introduced.

3. No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. Reason: To ensure that the development’s permanent surface water drainage management systems will remain fully operational throughout the lifetime of the development.

4. It is noted that within the 'Flood Risk Assessment, R/C14641/001.05, Section 4.3', any works in, over, under or within 8m of the watercourse will require the prior consent of the EA. As the watercourse in question is classed as an ordinary watercourse, any consent Page 9 Agenda Item 6 must be directed through consultation with Devon County Council as the Lead Local Flood Authority.

(8/9/17) The submitted additional information does not appear to concern surface water management and so our previous comments still stand.

SWW: I refer to the above application and would advise that South West Water has no objection.

Project and Procurement Officer Parks, Leisure and Culture: I have reviewed the above application and attach an initial POS calculation. I note a significant area will now be provided as lawned resident’s gardens rather than public open space, therefore no offsetting of on-site POS has taken place. The existing public terrace appears to be retained. With no on-site public open space being secured an off-site contribution (£94,714.40) would be requested.

(27/2/18) Thank you for the update – it’s most helpful.

Firstly I attach a revised calculation which takes into account the seafront public open space of 164sq.m, which generates a slightly reduced request of £92,468.37, down from £94,714.40.

In terms of point 5, highlighted on the covering letter requesting a reduction in £20k against the now £92k contributions, on what grounds is there request coming forward and how has this figure been arrived at. We do not normally reduce an open space contribution which enables the application to pay for on-site delivery. I am unclear as to why this has been request and as to the level of the financial reduction request.

In terms of the National Trust, if they have a number of projects for the area, then yes it is something we can consider in conjunction with the area priorities and ward member consultation. Please forward any relevant information over to me.

Sustainability: The Ecological Appraisal (24 September 2014) and Protected Species Survey Report (6 August 2015) have been submitted alongside a Verification Survey Report (16 February 2017) which provides an appropriate update and clarifies that the site has not changed significantly since habitats/species were described in the original reports.

The Verification Survey Report states that a CEMP, LEMP and Reptile Mitigation Strategy are required prior to commencement of works on site and should be submitted as part of the current application. The reports should set out specific measures to ensure all identified habitat and species impacts are appropriately mitigated and side wide ecological enhancement is deliverable This should include a detailed lighting plan for both the construction and operational phases of the development to ensure vegetation around buildings will be retained, and kept dark to provide corridors for bats and other wildlife to move across the site.

Housing Market Balance: The submitted Planning and Regeneration Statement states that the proposed floor space is less than the existing floor space. Vacant Building Credit therefore means that no affordable housing would be required (provided that the floor

Page 10 Agenda Item 6 space figures include any usable space, such as garages, attics, outbuildings, etc., that could at a future date be converted into living accommodation).

(1/9/17) Further to my response dated 26 June 2017, as there is no reference to any amendments to the proposed floor space and, as the proposed floor space is less than the existing floor space, I would therefore reiterate that Vacant Building Credit means that no affordable housing would be required (provided that the floor space figures include any usable space, such as garages, attics, outbuildings, etc. that could at a future date be converted into living accommodation).

Natural England: (For a copy of the full letter see Inserts) Summary of Natural England’s advice Further information required to determine impacts on designated sites As submitted, the application could have potential significant effects on Bideford to Foreland Point Marine Conservation Zone (MCZ). Natural England advice is that further information is required in order to determine the significance of these impacts and the scope for mitigation. The following information is required: Bideford to Foreland Point MCZ – detail of proposed wetland to receive the discharge from the package treatment plant before it enters the stream. Without this information, Natural England may need to object to the proposal. Please re-consult Natural England once this information has been obtained. Natural England’s advice on other issues is set out in Annex A.

(21/09/17) Thank you for your email of 19 th September 2017 consulting Natural England on further information/amended plans for the above proposal.

The submitted documents now include reference to the creation of reedbeds (technical note eg14632-2 reedbed design parameters Engain 6 th September 2017) to receive the discharge from the package treatment plant before it enters the stream. This removes our concerns about any possible eutrophication of the foreshore as a result of the current application. Our advice is that the wetland habitat should be secured as a condition of any permission.

AONB: Thank you for giving the AONB Partnership the opportunity of commenting on the latest planning application for this site. As with previous proposals, the application covers the demolition of the existing Lee Bay Hotel, the erection of new housing (23 units), a public car park, public open space café and toilet block.

Our concerns with previous schemes as outlined in our previous submission for the site were:

• The scale, height and design of new buildings being out of keeping with local character and the setting of heritage assets;

• The suburbanising effect of a pavement on the northern site boundary;

• The long term sustainability of the café business and the toilet block layout;

• The missed opportunity for affordable housing.

Page 11 Agenda Item 6

Having studied the submitted plans we are of the opinion that the revised scheme has responded to some of these comments. The main elements of the project that have changed in response to AONB concerns are:

• The scale and height of the lower, westernmost building has been reduced and the building has moved slightly further back away from the beach;

• There is more separation between the middle and upper (easternmost) buildings and the buildings have been redesigned. In our opinion, the design of the proposed residential accommodation reflects the local pattern of large, individual properties seen throughout Lee. The three buildings have clear differences in architectural style and design when seen from the road frontage so that they will be perceived as three, large separate and individual buildings. A common palette of materials is proposed on all buildings and this will help to provide harmony between these elements.

The glazing in the northern elevations is more restrained than in previous versions, the use of slate, stone and render to walls, stone lintels and composite windows and natural slate to roofs matches the local vernacular. The southern elevations are more glazed, but views of these from public areas will be heavily filtered by trees and the impact on the local landscape will not be that great.

However, the western elevation (overlooking the bay and close to the listed Old Mill) has a high proportion of glazing that does not appear appropriate to its context. Other buildings locally seem to respect the wild power of the sea by being built defensively - with strong walls and small windows. The western elevation as proposed does not continue that tradition and, as a result, does not respect the vernacular and its coastal setting. With the exception of this last point, we believe that the revised scheme responds well to its setting within Lee Bay and the designated AONB.

Other concerns that we raised with regard to the previous planning application still stand however, you may be able to deal with these by condition or by seeking further clarification from the applicants:

• We remain concerned about the long term viability of two café businesses so close to each other. It would provide us with some comfort to know that a long term tenant had been secured for the café.

• We have concerns about the layout of the public toilets, but recognise that this is a management issue for the management company.

• The detailed design of the proposed pavement will be key in ensuring that it does not have a suburbanising impact on the local area.

• We also believe that a pedestrian link between the proposed café/toilets and the public footpath to Lee village would encourage greater public use of the new facilities. In conclusion, we are of the opinion that this is a much improved application, if it were possible to address the design of the main building western elevation and to deal with the issues noted above, then we would have little grounds for recommending refusal of the planning application. Page 12 Agenda Item 6

We hope that these comments are of assistance to you in helping to determine the application.

(25/09/17) Thank you for consulting the North Devon Coast AONB Partnership, with regard to the Amended Plans for this planning application, for the redevelopment of the old Lee Bay Hotel. We have the following observations to make.

In our initial response to the application in July (enclosed for your review), we raised a number of issues of concern, most of which appear to have been addressed in this amendment and in discussions with interested parties in the intervening period these were: 1. Detailed design of the West Elevation: - Changes to the design of the western elevation of the main building will in our opinion reduce its impact on views from the beach and we therefore withdraw our objection on these grounds. We would be happy to follow the lead of the District Council Conservation Officer on the impact of the revised design on the significance of the Old Mill, which is a listed building and a building of some significance within the settlement of Lee. 2. Detailed treatment of the pavement and its impact on character: It would appear that no additional information has come forward, however, we would be content for the detail to be dealt with by condition 3. Viability of the proposed cafe: Having studied the amended application, we are now reassured that a sustainable, long term operator for the cafe would appear to have been secured and our concerns about the sustainability of the cafe have been allayed; 4. Design of the toilets: Our advice is that the layout proposed is not the most conducive for ease of management, but understand that this is not necessarily a planning issue. However we would suggest that the existing toilets are not demolished, and remain available for use, until the new toilets have been built. 5. Pedestrian link between cafe and footpath to Lee village: Our view is that the proposed application reduces accessibility of the toilets from the existing situation, especially in the case of people accessing the beach on the public footpath from Lee village. We would therefore urge you to try to address this relatively minor point with the applicants. Currently, this is the only outstanding area of objection to the application as it stands. In addition, we would draw your attention to the Protected Species Report submitted with the application. The area in and around the current site is an important area for Bats, something which was borne out by a recent Bat Walk that the AONB team undertook. We would therefore ask that appropriate lighting and mitigation measures, in terms of providing alternative and new roosting sites for bats, be conditioned, if the planning application were approved.

Finally, we have much sympathy with the view of the Lee Bay Residents Association that the site offers opportunities for affordable housing in the village. New, affordable dwellings would help to increase the balance of permanent residents in Lee and would support the sustainability of the settlement in line with AONB Management Plan policies. However, we are aware that because of the empty building credit scheme, you are not able to require any affordable housing as part of this development.

We trust you will make note of our comments when considering this application.

(27/2/18) Thank you for contacting us regarding our lack of response to the amended plans relating to the redevelopment of Lee Bay Hotel. Page 13 Agenda Item 6

However, we were of the opinion that the additional information submitted in February was related to the viability of the site regarding its operation, or non-operation as a hotel, rather than any material changes to the application as submitted.

We therefore stand by our most recent response to this application which was submitted in September 2017.

However, should this not be the case and you feel you require further information from the AONB Partnership please do not hesitate to contact me again.

Lee & Lincombe Residents Association: Lee and Lincombe Residents Association OBJECT to this planning application. At this stage we remain in consultation with all of our residents and will develop our position one way or another as the process progresses.

In summary, we feel that this proposal does not enhance or preserve the beauty and heritage of the Bay, the coastal path, and the Conservation Area. Nor does the proposal give anything back to the community at large or within the villages. We owe a 'duty of care' to the generations to come, our children's' children, that cannot be overcome for reasons of profit or expediency.

We acknowledge and welcome the changes made to the original plan by Acorn Blue including the moving and lowering of the Arrival Building, the landscaping, some footway provision, the change of materials and look, the availability of vistas through the 'block' structure, and the affirmation of a public space on the sea front and a cafe at the rear of the car park. However, given the context described above the rationale below, and the reasons for the refusal in November 2016, it is insufficient.

Our rationale is:

a. The heritage asset of the hotel will be demolished. It will not be replaced by anything of equal aesthetic or merit.

b. The buildings' materials and architecture do not enhance or blend with the Grade II listed Mill directly adjacent. c. 23 new residences and three car parks will not provide a pleasing reception to tourists or walkers arriving at their destination on the coastal path or when visiting the bay.

2. This proposed development, by reason of its scale, massing, height and design would be detrimental to the conservation and enhancement of the designated Area of Outstanding Natural Beauty in conflict with Policies DVSl, ENV3 and ENV5, and paragraphs 115 and 116 of the NPPF. Our reasons are:

a. The implausibility of 23 new residences with this design enhancing a Page 14 Agenda Item 6

heritage coastal path.

b. This is a major development within an area of outstanding natural beauty and would represent a 23% increase in housing within lee and Lincombe, and a 100% increase within the conservation area.

c. This AONB has the highest status of protection in relation to landscape and scenic beauty.

d. There is no evidence that this development is in the public interest.

e. There is no assessment of developing elsewhere outside the designated area, or meeting the perceived need for it in some other way.

3. This proposal does not represent sustainable development contrary to Policy DVSlA. Our reasons are:

a. There are insufficient facilities and access for the community: the majority of the landscaped plot would be for the sole use of the owner occupiers; there is a small cafe placed at the rear of the public car park away from the seafront- this is derisory and completely insufficient; apart from a small terraced area and public toilets there are no other amenities for tourists, visitors, or village residents.

b. There is no housing need assessment of the need for 23 new homes at this location.

c. There is no provision for affordable housing- not even one.

d. The design and location suggest their use would be as holiday lets or second homes; Lee and Lincombe only have permanent occupation of about 50% and this would decrease further.

e. Once completed there is no evidence that there would be any significant benefit to the local economy.

f. The infrastructure is insufficient to support 23 new homes: the roads are single track, there is insufficient paving, there is no village shop, and no school within reasonable distance.

4. The existence of the Hotel on the site is often given in mitigation. However, a hotel with open amenities, well designed, and aesthetically pleasing could be more sustainable and in keeping with heritage and visible assets- beauty.

5. The Crime and Disorder implication are that the public toilets should have similar opening to the cafe, this would be a diminution of the current available of this important facility. 6. The survey undertaken by the LLRA in 2016 of ail residents clearly expressed a wish for a restaurant or significant cafe on the sea front.

7. There is no facility for back packers or similar making their way along the coastal path.

Page 15 Agenda Item 6

8. There is no clear plan for the long-term maintenance of the site.

9. To date there has been no contact with the LLRA from either the land owner or the developer.

(31/08/17) Lee and Lincombe Residents Association OBJECT to this planning application and its later amendments. The changes make no material difference to the reasons for our opposition, and are minimal and cosmetic in nature.

In summary, we feel that this amended proposal does not enhance or preserve the beauty and heritage of the Bay, the coastal path, and the Conservation Area. Nor does the proposal give anything back to the community at large or within the villages. We owe a ‘duty of care’ to the generations to come, our children’s children, that cannot be overcome for reasons of expediency.

There are alternatives. The residents understand the need to develop the site and the association has presented its desired outcomes to the Chief Planning Officer. Our references are for low density housing of a village style design, a bijou hotel or seafront café/restaurant, and open public gardens. A consortium of villagers has been working with the Community Land Trust and a developer to secure their aim of “delivering a high quality and well managed development that will enhance the heritage and beauty of the Bay, at the same time providing low cost housing for locals”. In short, we have an option that would meet the needs of residents and visitors that could be provided at a scale and mass that doesn’t ruin the Bay.

The suggested provision of 23 new dwellings in three blocks is completely at odds with the Lee Conservation Area Character Appraisal that the Council has commissioned and is looking to extend! The application does not meet any of the SEVEN success criteria for the hotel site described at paragraph 9.10 of the appraisal. In particular, the need to provide a varied roof scape, high architectural standard, public accessible open spaces, and by avoiding urban designs lacking local distinctiveness.

(For a copy of the full letter see Inserts)

(27/2/18) The Lee and Lincombe Residents’ Association continue to OBJECT to this planning application and its recent amendments. The additions make no material difference to the reasons for our opposition, in fact they harden our stance because they are disingenuous. We also strongly support the Council’s decision to extend the conservation area in order protect and enhance ‘special qualities and characteristics’.

We find them disingenuous because: • They do not answer the reasons for the Council’s refusal of a very similar application in October 2016. • The viability assessment and report only refer to a 57-bedroom hotel and 23 holiday lets; other smaller or mixed development options have not been tested, nor has just restoring the architecturally important west gable of the building. • Only the summary viability report by Alder King has been made available to the public. This lacks transparency because assertions are made without specifics, and we cannot test the logic behind them. Under government planning guidance whenever possible applicants should provide full evidence. Page 16 Agenda Item 6

• We disagree that ‘Vacant Building Credit’ should apply for the purposes of the affordable housing calculation; the site has been purposely allowed to become derelict and we cite the spread of Japanese Knotweed. • The reports have not been stressed tested by an independent body, and in fact, one author disclaims any responsibility for decisions made arising from their conclusion. • The lease of land behind the proposed café further increases levels of uncertainty and undermines joined up planning within a conservation area. • There continues to be an absence of public consultation from the developers.

In summary, we feel that this amended proposal does not enhance or preserve the beauty and heritage of the Bay, the coastal path, and the Conservation Area. Nor does the proposal give anything back to the community at large or within the villages. There is no provision for affordable housing for local people. We owe a ‘duty of care’ to the generations to come, our children’s children, that cannot be overcome for reasons of expediency.

Finally, we make full reference to our previous letters of representation and want them taken wholly into account. There is ample precedence in planning regulations, the Local Plan, and law to refuse this major development in an Area of Outstanding Natural Beauty that provides inconsequential benefit to the public.

Heritage & Conservation Officer : My original consultation response to this application was made on 26.7.17, but was withdrawn pending clarification by the applicant of figures contained within the Planning and Regeneration Statement. The applicant also amended some design details of the scheme. The response below is my updated response and relates to the amended plans and Planning and Regeneration Statement sent to NDC on 11th August 2017.

This application, for the demolition of the Lee Bay Hotel and the erection of 23 dwellings, café and wc block, associated car parks and landscaping is the second recent application for the redevelopment of this site. The earlier application, 59766 for the erection of 20 dwellings, café and wc block, car parks and landscaping, was refused permission in November 2016. The first reason for refusal related to the impact on heritage assets, specifically: less than substantial harm in relation to the impact on the character and appearance of the Conservation Area, and the setting of the grade II listed Old Mill adjacent, and the loss of significance of a non-designated heritage asset (the Hotel). The public benefits of the scheme were not considered sufficient to outweigh the identified harm. My consultation response to that application should be read in conjunction with the comments below:

The current scheme is a revision of the previous scheme, and does appear to have taken on board several of the points which caused concern in relation to heritage issues. For example, the overall heights have been reduced, and the appearance of the middle block has been altered to remove the row of staggered gable ends facing the street. More local materials have ben introduced, and the landscaping of the public area at the west end of the site has been softened. All of these revisions are welcomed, but do not allay concerns about the impact on heritage assets. In summary these are: • The loss of the non-designated heritage asset, the core of the Hotel, still remains a fact of the proposal. • The effect on the setting of the grade II listed Old Mill adjacent. The footprint of the Apartment building has been moved further away from the listed building than the existing Hotel, which is welcomed. The treatment of the western end of the Page 17 Agenda Item 6

arrival building is, however, not as successful in complementing the local vernacular as the existing hotel building, in my view, and therefore a degree of less than substantial harm to the significance of the listed building arising from the contribution made by its setting can be identified. • The effect on the character and appearance of the Conservation Area. As stated previously, the Hotel is in a poor condition and there is scope, through the redevelopment of the site (whether this involves retaining the existing building or not) either to preserve or enhance the character of this part of the Conservation Area. The question, relating to paragraph 134 of the NPPF, is whether the proposed development achieves this, or whether it causes a degree of less than substantial harm to the significance of the Conservation Area.

To elaborate on the last point: The established character of Lee is of a dispersed settlement, with individual buildings set in generally large plots, with open spaces between. The sizes and styles of the historic buildings vary greatly from modest cottages to small country houses. The Lee Bay Hotel as existing is by far the largest building within the Conservation Area, and as such its bulk, when viewed from surrounding areas, does not fit well with the overall character of the historic surroundings. This element of discord is mitigated to a degree by the architectural interest of the historic element of the building, and the positive contribution that this aspect makes, despite its dilapidated condition, to the character of the street scene. Given the low intensity of development within the Conservation Area, and the size of the existing building, it is not difficult to see that any proposals which involve an increase in built form and associated hard surfacing are unlikely to maintain the character of this particular locality.

The revised Planning and Regeneration Statement, in paragraph 3.3, sets out a comparison between the footprints, floor-space and volume of the existing hotel and the residential proposal. It shows that the residential proposal is slightly smaller on all counts than the existing Hotel. This is noted, however, the comparison does not appear to take account of the increased areas of car parking that are needed, or the increase in perceived level of development over the site arising from the splitting of the accommodation into three separate blocks, and the provision of the café and car park to the south. These elements are likely to combine to form an increase in development over the whole site.

Turning to the overall design, in my view the proposals for the upper building are the most successful in complementing the overall character and appearance of the Conservation Area. I would suggest that the pitch on the dormer and porch roofs should match that of the main roof and that the central inset row of three glazed doors and balcony on the upper floor of the south-west elevation should be reduced in size so that it is smaller than the doors on the floor below (does not appear to have been addressed in latest amendments). This comment is made, however, on the basis that the building is sunk down into the site, and the landscaping on the northern boundary is strong and viable, given the amount of windows that are likely to face onto trees and the earth bank. The Landscape and Countryside Officer will no doubt give a view on this.

In my view the middle building is less successful; the south west elevation, which will be prominent in views across the valley, has large amounts of glass with no legible hierarchy of proportions, large glazed doors inset into the roof, and an asymmetrically glazed gable on the western end, all of which do not fit well with the more traditional character of surrounding buildings, The north east elevation is more standardised, following the recent amendments, and has the look of a terrace of houses. The south east elevation now Page 18 Agenda Item 6 incorporates a large flat roofed area with a railing around it on the second floor, which I think is less successful than the earlier version.

The apartment building has incorporated some traditional details such as the fish scale slate hanging, to advantage, but this is offset by elements which are less harmonious with the surroundings, such as the glazing patterns on the south elevation which appear random with no legible hierarchy of proportions. The north elevation remains unchanged, and resembles a row of terraced houses fronting a pavement. As highlighted in the last application, this is an urban form of development which does not have a precedent in Lee, and is not appropriate to the character of the Conservation Area. The western quarter of the apartment building, perhaps because the ground level drops abruptly so that the full three storeys are evident on the road side, appears somewhat disjointed from the rest of the building, which at two storeys on the roadside and east elevation at least, appears to have a more domestic scale. The large windows and glazed doors on the west elevation together with the large areas of balcony and terrace on the upper storeys do tie in the with south elevation, but as per the comments on the above, not necessarily with the surrounding Conservation Area, nor do they maintain the qualities of the setting of the adjacent listed building.

The design for the public area to the west of the site has changed, and again our Landscape and Countryside Officer will no doubt give a view on the suitability of the scheme. I am assuming that more detailed plans of the walls, seats and surface materials will be provided for this area. This area does offer an opportunity to reflect the local vernacular, so if stone walls and paving are to be used, it would make sense to reflect locally distinctive patterns and materials here.

In summary my view in relation to the effect on the Conservation Area is that the proposal will result in less than substantial harm to the significance of this heritage asset. As detailed above I consider that the proposal will not preserve the setting of the listed building, leading to a degree of less than substantial harm in this respect. The proposal will also result in the total loss of a non designated heritage asset. Therefore, under the terms of the NPPF, a balanced judgement which takes into account the scale of harm, the significance of the assets affected, and the public benefits of this proposal will need to be made.

(27/2/18) This application proposes the demolition of the existing Lee Bay Hotel, and the erection of 23 dwellings, formation of new public open space, extension to existing car park, erection of café and WC block, and associated highway and landscaping works. It was received by the LPA in May 2017, following the refusal, in November 2016, of application 59766 for demolition of the hotel and erection of 20 dwellings.

I have already made comments on the current application in my email of 19.9.17. To my knowledge, the plans and elevations for the buildings have not changed, so my previous comments relating to those elements still hold. To summarise, I identified that the scheme would cause harm to the significance of heritage assets on three counts: the loss of the core of the Hotel, which is a non-designated heritage asset; the effect on the setting of the grade II listed Mill House adjacent; and the net effect on the Conservation Area. In relation to the latter, although I acknowledge that there are some benefits bought by the scheme, my conclusion was that on balance it does not preserve or enhance the character or appearance of the Conservation Area.

Page 19 Agenda Item 6

The current consultation relates to various documents submitted by the applicant in relation to the viability of the scheme. These documents have been scrutinised by various consultees, among them Historic England, who made a response on 23.4.18. In general I do agree with the comments made in their letter. Page 3 of the letter includes the following: “A summary of the Alder King Report has been provided. The full report has been submitted to the council on a confidential basis. It is the Local Planning Authorities responsibility as part of their assessment of the proposals to robustly interrogate the viability assessment provided by the developer…. Through that robust analysis it will establish whether there is sufficient justification for the harm caused to the heritage asset and whether the quantum of development proposed is the minimum necessary to secure the regeneration of the site (Para 132 NPPF). It will also need to demonstrably outweigh the harm caused to the conservation area as identified under Para 134 NPPF, which includes securing the assets optimum viable use as well as associated public benefits. …”

The LPA has accordingly sought an independent review of the viability of the scheme, undertaken by Plymouth City Council. That review considers the various costs and benefits of the scheme. The review considers the current scheme for 23 units, and on page 5 concludes that this is “comfortably viable”. The review also considers a reduced scheme for 18 units and states “the results from our appraisal indicate that this reduced number of units will also be viable and return an industry acceptable profit level”.

From the above, it is apparent that the proposed scheme for 23 units is not the “ minimum necessary to secure the regeneration of the site ” to repeat the words from Historic England. It appears that this could be achieved with a reduced scheme of 18 units. Therefore, in my view, the level of harm which will arise from the current proposal is not justified.

Given that the density of the proposed development and the levels of ancillary structure needed, particularly parking areas, are one of the factors that are judged to cause harm to the significance of the heritage assets, it would seem obvious that a reduced scheme could potentially cause less harm, and therefore be more acceptable in heritage terms. If this is considered I would suggest that the opportunity to retain and convert the historic core of the hotel (again referred to in both responses from Historic England and myself) is investigated, and that if any units are to be removed from the scheme, the central block and associated parking would be the better candidates.

The Lee Conservation Area Character Appraisal has been adopted whilst this application has been open, and does contain a section on the Lee Bay Hotel (Paragraphs 9.4 to 9.10). Any amended application should take the advice contained in these paragraphs on board.

(17/8/18) I last responded to this application on 12th June 2018 and that response, plus previous responses, are still relevant.

In particular, I would draw your attention to the paragraph which refers to the conclusion reached by the independent review of the viability of the scheme, which was that a reduced scheme for 18 units will also be viable.

Since my last response, we have received a new report, ‘Conversion Option’, which is, I assume, the additional information upon which we are now being consulted. Page 20 Agenda Item 6

The Conversion Option report looks at the possibility of converting the existing building. It assumes that the eastern section will be removed, but retains the modern extensions on the southern, garden front, which are not of historic or architectural value, and which we have said at various times, could be removed without detriment to the character of the historic element of the building, or of the Conservation Area. Retention of these elements does make the lighting of the rear, northern elements on the Lower Ground floor very difficult and these areas are therefore shown as non-habitable space on the plan. If the later extensions were removed, however, and the ground floor taken back to the line of the original building, it might become rather easier to light the northern parts of this floor, particularly if borrowed light and open plan apartments were designed. In my view it is not beyond the wit of a competent architect to achieve a better use of this part of the building, or to identify a way of protecting against damp.

The Conversion Option report states that there are no structural drawings for the building, therefore there are some uncertainties about the need for new structural supports. It also makes the point that there have been 10 years of progressive moisture damage. Both of these points are true; the first can be remedied through the provision of a structural survey and the second could have been addressed if the building had been maintained, rainwater goods cleared etc. From the appearance of the building it is evident that this has not been the case.

There are several relevant paragraphs in the NPPF, among them: P191 “Where there is evidence of deliberate neglect of, or damage to, a heritage asset, the deteriorated state of the heritage asset should not be taken into account in any decision.” (Note that ‘heritage asset’ includes non-designated heritage assets) P197 “The effect of an application on the significance of a non-designated heritage asset should be taken into account in determining the application. In weighing applications that directly or indirectly affect non-designated heritage assets, a balanced judgement will be required having regard to the scale of any harm or loss and the significance of the heritage asset.”

I am not convinced that the Conversion Option Report provides sufficient certainty that there is no viable means of retaining the historic core of the building. I would suggest that, in the same way that the viability assessment has been scrutinised by an independent professional, the contents and conclusions of this Report should also be subject to the same process.

Historic England: (For a copy of the full original letter see Inserts) Summary Lee Bay is a unique conservation area stretching up the lush sheltered valley from the craggy inlet along the North Devon coast. The redevelopment of the hotel on the valley floor includes the demolition of the existing Arts and Crafts building and its replacement with three substantial blocks along the north- east edge of the plot with associated infrastructure and regeneration of the garden.

The Local Planning Authority (LPA) has a statutory requirement to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area (S72 Planning (Listed Building and Conservation Area) Act 1990 (P (LBCA) Act 1990)). Historic England considers that the proposal will continue to result in less than substantial harm to the conservation area. This is due to the loss of the hotel building, which is a positive contributor to the conservation area, as well as the intensification of development due to the massing of the replacement buildings. A number of steps have Page 21 Agenda Item 6 been identified within the letter that should be undertaken to minimise the harmful impact. However, this will not avoid the harm that the proposal will cause and does not justify that the scheme is acceptable.

The main justification for the loss of the building and the quantum of development is the viability of the scheme. The optimum viable use does not relate to the most profitable solution but the one most compatible with the long term conservation of the asset (Planning Practise Guide). Therefore, the LPA need to robustly assess the viability of the proposals and ensure that the quantum of development proposed is the minimum necessary to secure the regeneration of the site. This assessment needs to be considered along with any public benefits offered by the scheme and should demonstrably outweigh the harm identified to the heritage assets affected (Para 134, National Planning Policy Framework (NPPF)).

Historic England remains concerned due to the impact of the development on the special character and appearance of the Lee Conservation Area.

Recommendation Historic England has concerns regarding this application due to the harm to the conservation area. We would strongly advise that the steps identified in our letter are implemented. Although the harm is less than substantial, it does not mean that this is acceptable harm. The council needs to robustly test that the harm against the public benefit offered by the scheme, to ensure it outweighs the harm identified. This should include a thorough assessment of the viability of the scheme in order to secure the optimum viable use.

Your authority should take these representations into account and seek amendments, safeguards or further information as set out in our advice. If there are any material changes to the proposals, or you would like further advice, please contact us.

(20/09/17) (For a copy of the full letter see Inserts) Recommendation Historic England remains concerned due to the impact of the development on the special character and appearance of the Lee Conservation Area. This advice should be considered as an addition to the previous correspondence provided.

(27/2/18) (For a copy of the full letter see Inserts)

Position The Local Planning Authority (LPA) has a statutory requirement to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area (S72 Planning (Listed Building and Conservation Area) Act 1990 (P (LBCA) Act 1990)). Historic England considers that the proposal will continue to result in less than substantial harm to the conservation area. This is due to the loss of the hotel building, which is a positive contributor to the conservation area, as well as the intensification of development due to the massing of the replacement buildings. A number of steps have been identified in our previous letter that should be undertaken to minimise the harmful impact. However, this will not avoid the harm that the proposal will cause and does not Page 22 Agenda Item 6 justify that the scheme is acceptable.

The supporting documentation looks to provide some justification for the proposed loss of the building and the resulting quantum of development. The structural report establishes that the structure of the building is in a fair condition and resulting harm has largely been caused through a lack of maintenance. These issues are not insurmountable and could be addressed through the process of renovation. We have raised a number of queries over the associated costs as set out in the report as well as how they would compare to the redevelopment of the site as a whole. We are not convinced that the renovation would increase the cost significantly but that information would need to be presented to undertake further assessment.

In terms of viability and the quantum of development, it is the minimum necessary to secure the regeneration of the site. The council should utilised internal or external expertise to robustly interrogate this assessment. The viability of the scheme is a key aspect of the justification present for the works as well as presenting the optimum viable use for the site. Therefore, detailed and thorough assessment is required to be satisfied by the justification provided.

Therefore, we have reservations regarding the additional justification provided. The council needs to consider that harm against Legislation and National Planning Policy. They should robustly consider the justification provided for the loss of the hotel, a positive contributor to the conservation area as well as the public benefits offered by the scheme, ensuring that they demonstrably outweigh the harm identified (Para 132 & 134).

Recommendation Historic England has concerns regarding the application on heritage grounds.

(22/8/18) Thank you for your letter of 13 June 2017 regarding the above application for planning permission. On the basis of the information available to date, we offer the following advice to assist your authority in determining the application.

Historic England Advice Historic England has had a long running engagement with the scheme for the redevelopment of the former hotel in the idyllic setting of Lee Bay. Historic England has now received additional information. We would like to make it clear this letter needs to be read in conjunction with our previous advice, which is still extant.

Conversion Report Historic England has now reviewed the conversion options report. The building is not listed, so there is no restriction in the way in which the interior could be adapted to make positive use of the space. It is therefore, disappointing that greater opportunity was not taken to find inspiration to expose more of the existing structure or identified creative or innovative ways to provide the accommodation within the building, especially in those areas that have been omitted from the scheme due to light levels. There were also issues regarding damp of the retaining wall. This would need further investigation but we are not convinced that a solution could not be found to address Page 23 Agenda Item 6 these concerns.

The report has demonstrated that the building could be converted and we consider that with a more innovative approach, effective use of the underused space along the road side of the ground floor could be incorporated to create attractive apartments. We note the comment regarding the continued decline of the property and would highlight that without maintenance this will continue to occur increasing the cost of refurbishment as set out in our previous response. Under Para 191, evidence of deliberate neglect … should not be taken into account in any decision. We would encourage the applicant to undertake this maintenance, and help arrest the continued deterioration of the fabric.

Viability We are pleased to see that NDDC has sought independent analysis on the viability assessment put forward by the applicant. This has identified that the quantum of development has not been justified in respect of viability.

The applicants have queried this and submitted additional information. We would support the council’s approach so far and would urge you to continue to robustly assess the revised figures with assistance from your independent expertise. This aspect of the proposal is key as it will establish whether there is sufficient justification for the harm caused to the heritage asset and whether the quantum of development proposed is the minimum necessary to secure the regeneration of the site including the demolition of the existing structure (Para 132, NPPF). It will also need to demonstrably outweigh the harm caused to the conservation area as identified under Para 134, NPPF, which includes securing the assets optimum viable use as well as associated public benefits. The council should be mindful that in the Planning Practise Guide, optimum viable use does not relate to the most profitable solution but the one most compatible with the long term conservation of the asset.

Recommendation The conversion options appraisal is useful, as it establishes that there is potential for development within the existing building. We maintain that innovative and creative solutions could help to address some of the concerns regarding light levels and the issues with same. We would encourage the applicant to consider a potential of a conversion scheme further.

In terms of viability and the quantum of development, it is the minimum necessary to secure the regeneration of the site. The council should continue to robustly interrogate the assessment provided through their independent advisors. The viability of the scheme is a key aspect of the justification present for the works as well as presenting the optimum viable use for the site. Therefore, a detailed and thorough assessment is required to support the current justification.

We maintain our reservations regarding the justification provided following the outcome of the council’s independent assessment which raises questions over the proposed quantum of development on the site. Furthermore, the conversion options report does demonstrate that the existing hotel could be retained.

The council needs to the identified harm to the conservation area against Legislation and National Planning Policy. They should robustly consider the justification provided for the loss of the hotel, a positive contributor to the conservation area as well as the Page 24 Agenda Item 6 public benefits offered by the scheme, ensuring that they demonstrably outweigh the harm identified (Para 132 & 134).

In determining this application you should bear in mind the statutory duty of section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of conservation areas.

Senior Historic Environment Officer: I refer to the above application. I have no additional comments to make to those made on the earlier planning application 59766, namely:

The proposed development lies within the Lee Conservation Area and the Lee Bay Hotel contributes to the Conservation Area. As such, in the first instance I would advise that the North Devon Council’s Conservation Officer was consulted with regard to any comments she will have on the proposed development and the impact of the demolition of this significant building within the Conservation Area.

The following comments are made without prejudice to any comments made by the North Devon Council’s Conservation Officer.

The desk-based assessment indicates that the site on the Lee Bay Hotel has been occupied by since at least the late 17th century. Historic maps show the northern part of the site to have contained a mill leat as well as a millpond that fed the Old Mill to the northwest which possibly dates to the late 16th century. Prehistoric activity in the wider landscape is demonstrated by the presence of a standing stone to the north-east. As such, groundworks associated with the construction of the proposed development have the potential to expose and destroy archaeological and artefactual deposits associated with the occupation of the site and with any archaeological features associated with the mill on the northern part of the site.

For this reason and in accordance with Policy ENV14 of the North Devon Local Plan and paragraph 141 of the National Planning Policy Framework (2012) I would advise that any consent your Authority may be minded to issue should carry the condition as worded below, based on model Condition 55 as set out in Appendix A of Circular 11/95, whereby:

‘No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.’

The development shall be carried out at all times in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the District Planning Authority.

Reason 'To ensure, in accordance with Policy ENV14 of the North Devon Local Plan and paragraph 141 of the National Planning Policy Framework, that an appropriate record is made of archaeological evidence that may be affected by the development'

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I would envisage a suitable programme of work as taking the form of the archaeological monitoring and recording of all groundworks associated with the proposed development to allow for the identification, investigation and recording of any exposed archaeological or artefactual deposits. In addition, further historic building recording may be required of the Lee Bay Hotel prior to its demolition. The results of the fieldwork and any post-excavation analysis undertaken would need to be presented in an appropriately detailed and illustrated report.

I will be happy to discuss this further with you, the applicant or their agent. The Historic Environment Team can also provide the applicant with advice of the scope of the works required, as well as contact details for archaeological contractors who would be able to undertake this work. Provision of detailed advice to non-householder developers may incur a charge. For further information on the historic environment and planning, and our charging schedule please refer the applicant to: https://new.devon.gov.uk/historicenvironment/development-management/.

Environmental Health: (For a copy of the full letter see Inserts) I have reviewed this application in relation to Environmental Protection matters and comment as follows:

1 Land Contamination

Should permission be granted, I recommend the following conditions be included: • Contaminated Land Phase 1 Condition • Contaminated Land Reactive Condition

2 Foul Drainage Proposals

The Design and Access Statement states that proposals for treating and disposing of foul drainage effluent using a Package Sewage Treatment Plant located beneath the car park have been discussed and agreed in principle with the Environment Agency. The statement also mentions use of a private pumping station. The statement does not make clear what has been agreed with the Environment Agency and I could not find any further details of the foul drainage proposals.

Given the presence of a watercourse close to the proposed location for the treatment system, it will be important to ensure that the Environment Agency are happy with any proposals as there may be a potential for polluting of the watercourse under normal operation or as a result of plant failure or flooding events. Also, depending on how treated effluent is to be disposed of, there may be potential risks to human health. Such risks might arise if, for example, treated effluent is to be discharged to a watercourse which members of the public have access to, such as if it crosses a local beach.

I recommend the applicant be asked to provide further detailed information of proposals for treating and disposing of foul effluent including in relation to the points I raise above. You may also wish to consult the Environment Agency on this specific issue.

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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 Management Plan Condition • Construction Times Condition

4 Asbestos Should permission be granted, I recommend the following condition be included:

• Asbestos survey condition

(22/09/17) I have reviewed the amended plans and related documents in relation to Environmental Protection matters and comment as follows:

1 Foul Drainage Proposals I note that a technical document relating to a proposed reedbed design has been submitted (ref: eg14632-2 dated 6 September 2017). This document refers to proposals for a Package Treatment Plant and describes use of a reedbed system to provide tertiary treatment for this system. My previous comments on this application (email to you on 17 July 2017) raised concerns about the lack of information on proposals for dealing with foul drainage and on the potential human health risks associated with the system. Those comments stand. 2 My Previous Comments Notwithstanding the above, I have nothing to add to my previous comments on this application of 17 July 2017. Those comments stand.

Devon Fire & Rescue: The access route to the proposed development for fire appliances along the public roadway is restricted, the provided plans are unclear as to available access for fire appliances into the site for access to each type of property.

The fire authority consider that matters regarding provision of access for fire fighting vehicles and provision of fire hydrants are given full consideration, to ensure that adequate access to both property and water supplies can be provided within the proposed development.

Currently the roadway to the northwest and west of the site is provided with fire hydrants. The fire authority considers that due to the restricted vehicle access along the public roadway to the site, further provision of hydrant facilities should be considered to meet the requirements for firefighting for premises to the north eastern area of the proposed development.

The fire authority will comment on these matters as part of the statutory consultation process under the Building Regulations 2010.

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Development Management (Highways): There are no objections in principle to the proposed development. It is advisable to obtain confirmation from the applicant's that the provision of the 1.2 metre footway is to be provided with no encroachment onto the running carriageway. The submission indicates there is no existing footway but there is in part between the Upper Car Park and the Public Terrace. The footway will need to be secured by a Section 38/278 Agreement with full engineering submissions to be agreed with the Local Highway Authority in due course.

The following conditions are recommended: 1) The proposed footway shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before its construction begins. For this purpose, plans and sections, indicating, as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority for approval.

Reason To ensure that adequate information is available for the proper consideration of the detailed proposals.

2) No other part of the development hereby approved shall be commenced until the footway on the public highway frontage required by this permission has been completed in accordance with details previously submitted for approval.

Reason In the interest of the safety of users of the adjoining public highway and to protect the amenities of adjoining residents.

Strategic Planning Children’s Services: I can advise that 23 family-type dwellings can expect to produce an additional 5.75 primary pupils & 3.45 secondary school pupils.

Primary provision in Ilfracombe is at capacity and under significant pressure; we would there need to request for primary contributions. As new primary provision is required this would be at our New Build rate of £16,019 per additional pupil. This makes a total contribution of £92,109.

In addition, as a new primary school is required, we would also need to request a proportionate land contribution of 10sqm per family-type dwelling. Based upon a land value of £320,000 per hectare, this land contribution would equate to £7,360 and would be used to assist in the procurement of the new school site.

The designated secondary school for this development is Ilfracombe Academy. There is currently capacity at the school and therefore a contribution towards secondary school infrastructure would not be sought. However, DCC will require a contribution towards primary and secondary school transport costs due to the development being further than 1.5miles from Ilfracombe Primary School and 2.25 miles from Ilfracombe Academy. The costs required are as follows: -

Primary 6.00 secondary pupils £10.50 per day x 7 pupils x 190 academic days x 5 years = £83,790

Page 28 Agenda Item 6

Secondary 7.00 secondary pupils £3.98 per day x 5 pupils x 190 academic days x 5 years = £15,124

In addition, a contribution towards Early Years education is needed ensure delivery of provision for 2, 3 and 4 year olds. This would cost £5,750 (based on £250 per dwelling). This will be used to provide additional early years provision for pupils likely to be generated by the proposed development.

The County Council would also wish to recover legal costs incurred as a result of the preparation and completion of the Agreement. Legal costs are not expected to exceed £500.00 where the agreement relates solely to the education contribution. However, if the agreement involves other issues or if the matter becomes protracted, the legal costs are likely to be in excess of this sum.

Environment Agency: We have no objection to the proposal. The submitted Flood Risk Assessment (FRA) by Hydrock dated April 2017 has correctly identified the flood risks and suggested suitable mitigation measures, which include taking a sequential approach to siting, appropriate finished floor levels and landscaping measures. You may wish to include a planning condition to secure the implementation of these measures.

We also have the following advice in respect of the proposed foul drainage arrangements and recommend that you consult with your Environmental Health team on these before the application is granted.

Advice – Foul drainage Any non-mains foul drainage system associated with this development will require an Environmental Permit from the Environment Agency under the Environmental Permitting Regulations 2010. Appropriate permit conditions will be agreed through the permitting process. However, the applicant should be aware that there is no guarantee that a permit will be granted.

At this stage we can offer the following advice. Given the location of the site, it is unlikely that it would be reasonable to connect to the public sewer, and the development will therefore need to be served by a private treatment system. Given the footprint of the site, effluent from the proposed sewage treatment plant will probably be discharged to the watercourse south of the site which then drains to the sea, rather than being discharged to ground.

Whilst we have no objections to this in principle, we advise that, although the beach is not a designated bathing water, because there will be public access to both the watercourse and the beach, we have to be mindful of risk to public health and nuisance issues. We recommend that you consult with your Environmental Health team to obtain their views on the proposal to discharge onto the beach. The applicant should also be aware that they may need to consider what additional treatment may be required to mitigate against risk to public health.

The applicant is advised to contact our National Permitting Service on 03708 506 506 for further advice and to discuss the issues likely to be raised. Additional 'Environmental Permitting Guidance' can be accessed online at https://www.gov.uk/permits-you-need-for- septic-tanks.

Page 29 Agenda Item 6

Economic Development: Thanks for sending us the details for the above planning application.

Looking at the application, it has not changed significantly since the last (two?) iterations. Therefore our comments from previous consultations still stand.

We get the feeling that the applicant will keep on putting in what is essentially the same application repeatedly until everyone is worn down, and no longer has the resource to respond in any meaningful way. It has also been suggested that the proposed scheme is “better than nothing” – not a sentiment we agree with. It would be a shame to see such a development in this location go through because no one has the will to keep responding and looking at the applications.

Please feel free to come back to me if you need any further information, or if I can help in any other way.

(Previous comments on application 59766) Further to our conversation yesterday, I would just like to reiterate some of our concerns about the residential development of the Lee Bay Hotel from an economic development point of view.

Whilst we understand that the site as it stands needs addressing, we also feel that it is important to identify the right scheme for this very sensitive location. We need to consider the possibility that the proposed scheme does not enhance the existing tourism offering at Lee, but also detracts from it.

The previous scheme discussed in 2010 was for tourism use, and although this was not consented at the time, we would still like to see some form of tourism use of the site.

Having read the market report by Colliers, we are still not convinced that some element of tourism use is not possible on the site.

I can go into more detail about our reservations about this scheme, but for the time being we would like to object to the application as it stands.

(10/11/15) The main concern with this site is its sensitivity given the location. We feel that a large housing scheme in this location will detract from the attractiveness of this village and this part of the coast. This in turn will have a negative effect on the tourism economy for the local area, and for North Devon.

A visitor profiling survey by Experience Market Research identified that the main reasons that people visit the South West is for the countryside and seaside / beaches. From a tourism point of view these are our assets, and we need to protect them.

The survey also identified the main market sector interested in visiting the South West as being "Discovery Families" - those looking for learning, discovery, exploration and enriched experiences, rather than pure entertainment. Again, the kind of experiences offered by north Devon's countryside and beaches - in particular at Lee Bay.

Walking and active tourism also make a considerable contribution to the north Devon tourism economy. The South West Coast Path runs along the side of the road adjoining

Page 30 Agenda Item 6 the front of the hotel site, so consideration for walking as a tourist activity should be taken into account - and any negative effects on this.

Map here shows location: http://gis.devon.gov.uk/basedata/viewer.asp?DCCService=footpath

In my previous email I suggested that some element of tourism use may be possible on the site. I would like to use Tunnels Beaches as an example of how an older, run down site could be renovated and become a success. The Tunnels Beaches wedding venue holds in excess of 150 wedding per year, with close to 10,000 wedding guests staying for a minimum of two nights in the local area.

The main selling point for Tunnels is its coastal location - which is on a par with Lee Bay. The South West is currently the most popular region of England for weddings.

My point here really is that the tourism market has evolved beyond the traditional hotel model, with people holidaying in different ways, and looking for different experiences, and other markets (such as weddings etc.) emerging. I would like to see more exploration of alternatives for this site.

I hope this helps - I am happy to discuss further if needed.

Information can be found here: https://english-wedding.com/2013/09/marriages-in- england-all-the-wedding-statistics-you-need-to-know/ http://www.swtourismalliance.org.uk/research-facts-and-figures/regional-tourism-data/

(08/03/16) I have had a look at the revised plans and documents relating to the above planning application, and our views remain unchanged.

Whilst the scheme has been reduced marginally, and the replacement of the kiosk with a cafe is a nod towards some kind of tourism offering, we don't feel that the changes go far enough to address our initial concerns.

Countryside & Landscape Officer : My comments from the earlier applications in relation to this site still apply;

I do not consider that the proposed tree removals to facilitate the proposed development raise a significant conflict with policy and can be appropriately mitigated for through the provision of new planting in association with the proposed development. Similarly I have no objections to the hard/soft landscape design proposals but would wish to see further detail in respect of these matters which could be secured through the imposition of an appropriate condition. (I believe previously we merely sought a detailed landscape scheme – but in terms of securing ‘net gains’ for biodiversity we may wish to use the more recent landscape and ecological management plan approach.)

Overall I would consider the proposed development of the site to provide an opportunity to secure a net gain in respect of how the grounds could contribute to a more naturalistic appearance and ecological enhancement of the site over the previous/existing position.

(Comments on previous application 59766)

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As long as we have some further clarity over potential impacts on the unidentified tree/scrub area within the northeast corner of the site and potential for areas of private gardens to impinge/encroach into areas of shared space, I would be reasonably happy with a pre-commencement condition to cover the submission and approval of a detailed TPP and AMS.

I would still wish to see detailed landscape and ecological management proposals for the site.

PROW: No response.

(Comments on previous application 59766) Thank you for consulting me on this application, I make the following observations:

• The main impact on the public rights of way network by the proposed development is at the beach access to the public car park area, where Ilfracombe Footpath 36 leaves the road and runs through to The Grampus. This is a very well used public footpath, referred to in the supporting documents and the Design and Access Statement. Not only is it used by people moving between the village centre and the car park / beach, it is also used to connect into the footpath network in Borough Valley, with walkers using the car park / toilet facilities here. • Should the development go ahead in line with the submitted plans, measures must be put in place to protect users of the footpath at the access point by the sea wall from site traffic. All contractors and delivery vehicles should be pre-warned that members of the public may be walking here, and reinforced with onsite safety signs. Should it be necessary to close the public right of way at any stage during the development (for example the laying of tarmac as outlined in the submitted documents) then a formal temporary closure must be in place. This can be obtained from Devon County Council if required. • I cannot determine from the plans and documents whether the footpaths across the site, mentioned in the Design and Access Statement, will be designated as public footpaths connecting to the public highways etc, or will be restricted to use by residents. If routes are to be made public, they will need to be the subject of an adoption process as part of any highway measures agreed, and/or a creation agreement in the case of unmetalled surfaces. Could this be clarified by the applicants please? • Also I cannot determine whether there will be any direct link from the line of Ilfracombe Footpath 36 into the site in the area of the proposed café and toilet block, as the public toilets are currently accessed directly off the footpath here. Could this be clarified by the applicants please?

I have copied this response to my colleague in Highway Development Control, as any future corporate responses on reserved matters etc would be coordinated through that section.

REPRESENTATIONS

At the time of preparing this report 235 letters of objection, 11 letters of comment and 6 letters of support have been received relating to the application (copies of all the letters have been made available prior to the Planning Committee meeting in accordance with agreed procedures). A petition with 1237 signatories has also been received setting out objections to the application. Page 32 Agenda Item 6

Main Issues

Objection • Likely to be second homes/holiday lets/lack of permanent residents/no affordable housing. • Increase in housing in Lee/no need for 23. • Does not comply with planning policy for housing. • Does not preserve or enhance the extended Conservation Area. • Heritage asset (building) demolished. • Design does not blend with adjoining listed building. • Visual impact of the development on the character of the village and the local area in terms of style and material. • Scale, massing, height and design contrary to AONB, CPA. Larger footprint than last time. Third block of houses. Suburbanised. • Not in the public interest/major development in the AONB. • Not sustainable development in terms of DVS1A. • No benefit to local economy/no tourism element of consequence. • Inadequate infrastructure – roads, shops, schools, bus service, phone signal. • Traffic generation unacceptable (as with previous use), difficulties for emergency vehicles. • No need for extra parking. • No benefit to the community. • No access for locals to the site/more public space required/gated community. • Nothing for hikers and kayakers visiting Lee. • Little provision for tourists/walkers. • Increased crime likely. • Less opening hours for the toilet. • Loss of employment. • Damage to eco system/area of scientific interest. • Loss of trees. • Knotweed problem is not a reason for development/intentional neglect. • Superficial revisions. • Previous refusal. • Local opinion ignored, lack of support/lack of engagement on this application. • Already being marketed. • Decision could be liable to JR. • Alternative schemes available, including tourism, local housing and conservation friendly. • Lack of transparency with VA. • Impact on the seascape.

Observations • Any dwellings should be restricted to holiday use and some local occupancy. • Café/Restaurant should be at the sea front/larger. • Café toilets should be open 24 hours. • Needs affordable housing. • Access road improvements are required. • NT in advanced discussions regarding the café, toilet and car park element.

Page 33 Agenda Item 6

Support • The site is an eyesore. • In keeping with the character of Lee. • Gradual deterioration has a negative impact on the AONB • The existing building had lost any character. • Life will be brought to the village. • Construction jobs created for local tradesmen. • Improvement on previous plans. • Benefits from public seating area, car park and toilets. • Possible alternative plans are from a small company in Lancashire. • A step in the right direction.

See attached list for representation names and addresses.

PLANNING HISTORY

Decision Reference Proposal Decision Date ND AD 153 Proposed advertisement sign CC 21.11.62 ND AD 257 Proposed advertisement sign R 15.09.67 ND 945 Proposed erection of Public Conveniences W ND 1065 Proposed Public Conveniences CC 19.12.62 ND 1279 Proposed swimming pool, cubicles & pump house CC 25.02.64 ND 1403 Proposed extension to hotel UC 08.12.64 ND 1426 Proposed staff quarters UC 19.10.64 ND 1517 Proposed sewage disposal works CC 21.07.65 ND 1557 Proposed car parking facilities & improved access CC 02.07.65 ND 1673 Proposed garages & store CC 21.02.66 ND 1746 Proposed car park CC 26.10.66 ND 1870 Proposed conversion of shop & flat to dwellinghouse CC 24.05.67 ND 1874 Proposed covering & enlarging outside passage CC 23.05.67 ND 2572 Proposed hardening of footpath for public use on OS R 23.02.71 2239 & engineering works on part OS 2233 ND 2615 Proposed provision of private footpath for public use W 06.04.71 through amenity area & provision of service access to Chapel Cottage ND 3286 Proposed private drive & pond (Chapel Cottage) CC 13.09.73 74/0002/34/3 Proposed construction of 2no. tennis courts CC 08.05.74 75/257/34/3 Proposed fire prevention work CC 04.03.75 75/394/34/5 Proposed illuminated single sided box sign W 75/445/34/5 Proposed single sided illuminated box sign CC 12.11.75 77/120/34/3 Proposed conversion of store to form 2no. bedrooms, CC 02.03.77 shower room and toilet 77/748/34/3 Proposed foul drain to serve 4no. dwellings and CC 17.06.77 discharge to existing sewage works within grounds of Lee Bay Hotel, OS 2546, 3144 & pt 2851 79/188/34/3 Proposed additional staff accommodation R 26.06.79 Appeal Allowed 28.01.80 79/1315/34/3 Proposed alterations and extension to existing hotel CC 06.02.80 80/1040/34/3 Proposed revised entrance (amendment to CC 07.07.80 2/79/1315/34/3)

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Decision Reference Proposal Decision Date 83/1924/34/3 Proposed enclosure of existing swimming pool together W with the provision of additional leisure facilities and alterations to access 84/845/34/3 Proposed alteration to existing access CC 28.08.84 84/1685/34/3 Proposed swimming pool extension to existing CC 20.02.85 premises 85/293/34/3 Proposed conversion of gift shop to form dwelling R 10.06.85 85/2043/34/3 Proposed alterations and extension to existing CC 27.03.86 swimming pool 86/1516/34/3 Proposed store for garden machinery R 16.09.86 86/2161/34/3 Proposed replacement car park kiosk and change of R 15.01.87 use to sale of beach goods from Easter to end of September each year 2104 Proposed conservatory CC 13.10.87 2105 Proposed replacement of LPG storage tanks CC 26.11.87 7423 Proposed glazed covered walkway link between hotel R 04.01.89 and proposed leisure complex for disabled persons 7424 Proposed extension to hotel to form 7no. double R 07.03.89 bedrooms with en-suite facilities for disabled persons and new reception area 7425 Proposed erection of building to enclose existing R 07.03.89 swimming pool and to provide leisure complex 11800 Proposed demolition of stone wall and re-building of CC 25.06.90 same 11801 Conservation Area Application: Proposed demolition of CC 25.06.90 a non-listed wall in a Conservation Area 12096 Proposed temporary siting of 6no. caravans for staff R 10.07.90 accommodation 28983 Notification of works to trees situated in a Conservation CC 11.05.00 Area in respect of felling of 4no. Sycamore & 1 no. Oak trees (Lee Manor) 29579 Proposed formation of tennis court (Chapel Cottage) W 27.07.00 35198 Proposed formation of tennis court for community use CC 12.08.03 (amended plans) (Chapel Cottage) 45227 Extension & alterations including minor demolition, slate W 18.12.07 terracing & formation of turning area (amended & additional plans) 49712 Redevelopment of redundant hotel complex to form 19 FDO 15.11.12 shared ownership holiday apartments, 5 further new build holiday apartments in grounds together with associated cafe/bistro/bar, restaurant, spa, pool complex, kiosk & associated works (amended drawings & flood risk assessment) 59766 Demolition of existing hotel & public wc block; erection R 01.11.16 of 20 Dwellings; formation of new public open space; extension to Existing car park; erection of cafe & wc block; & associated Landscaping, drainage & highway works

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SUMMARY OF ISSUES

• Previous Decision • Policy Context • Housing • Ecology • Design • Heritage Assets • Landscape • Amenity • Drainage • Transport • Other issues • S106

PLANNING CONSIDERATIONS

Previous Decision

Members will recall that a previous similar planning application 59766 was refused for the following two reasons:

1. The proposed development would fail to preserve or enhance the character or appearance of the designated Lee Conservation Area contrary to the statutory requirement set out in the Planning (Section 72 Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area; neither would the proposal preserve the setting of the adjacent Grade II listed Old Mill contrary to the requirements of Section 16 (2) of the Act and its advice that LPAS have ‘special regard’ to the desirability of preserving listed buildings or their settings. Specifically, the proposal would result in the loss of significance of a non-designated heritage asset (NPPF paragraph 135), less than substantial harm to a designated asset (NPPF paragraph 134) in adversely affecting the setting of the grade II listed Old Mill and would result in a high degree of less than substantial harm to a designated heritage asset in terms of its impact on the character and appearance of the designated conservation area. In this instance, the benefits of the proposed development are not considered such as to outweigh the harm caused to the heritage interest. In these respects the proposal is accordingly considered to be contrary to Policy ENV 16 (Development in Conservation Areas) and Policy ENV17 (Listed Buildings) of the adopted North Devon Local Plan.

2. The proposed development, by reason of its scale, massing, height and design would be detrimental to the conservation and enhancement of the designated Area of Outstanding Natural Beauty in conflict with Policy DVS1 (Design) of the adopted North Devon Local Plan and Policy ENV2 (The Area of Outstanding Natural Beauty). The proposal would also be in conflict with the conservation, protection and enhancement of the Heritage Coast contrary to Policy ENV3 (The Heritage Coast) of the adopted North Devon Local Plan and would detract from the unspoilt character and appearance of the Coastal Preservation Area contrary to Policy ENV5 of the adopted North Devon Local Plan. As the development represents major development within the designated Area of Outstanding Natural Beauty, the proposal therefore conflicts with the advice set out in paragraphs 115 and 116 of the NPPF.

Page 36 Agenda Item 6

3. In the opinion of the LPA the proposal would not represent sustainable development contrary to the principles set out in Policy DVS1A of the adopted North Devon Local Plan having particular regard to the adverse environmental impact on the designated heritage assets noted and the loss of use of the site for tourism purposes to the detriment of the sustainable economy of the area.

This previous decision is a material planning consideration.

Policy Context

In the North Devon and Torridge Local Plan (NDTLP) the supporting text explains that beyond Local Centres and Villages, the opportunity to achieve sustainable development is diminished by the increasing absence of services and facilities. It is however recognised that there is a further tier of generally small settlements, with and without services, which contribute to the overall sustainability of the rural area.

Appropriately scaled and located development to meet locally identified generated housing needs will be supported in qualifying Rural Settlements (requiring the settlement to have at least one service or community facility from the following:- community/village hall, post office, public house, convenience shop, place of worship, sports playing field, primary school), as enabled by Policy DM24: Rural Settlements. Lee has three of the aforementioned facilities.

However, it must also be recognised that Policy DM24 is intended for local occupancy dwellings to meet a locally identified housing need, which will be supported where: (a) the development site forms part of a small closely grouped or contiguous built form of housing that is physically separate from urban areas of other defined settlements; (b) the scale is proportionate to the settlement’s size, form and character; (c) the site is within or directly adjoining the built form of the settlement; (d) the size of the dwellings are no larger than can be justified by the established need; (e) it would not harm the settlement’s rural character and setting; and (f) secure arrangements are made to ensure the dwellings remains available to meet the locally identified housing needs of the local community both initially and in the long term provided the need exists;

The proposal does not comply with this policy.

On the other hand it must be recognised that this is not a greenfield site but previously developed land. The NDLP states ‘The Plan aims to maximise the re-use of previously developed sites and the existing building stock in order to promote urban regeneration and minimise the loss of countryside. Generally, all forms of development will be encouraged to make use of previously developed land and buildings where appropriate and practical to their circumstances in preference to using greenfield sites’.

This approach is reflected in paragraph 117 of the NPPF which requires that planning policies and decisions should promote an effective use of land in meeting the need for homes and other uses, while safeguarding and improving the environment and ensuring safe and healthy living conditions. Strategic policies should set out a clear strategy for accommodating objectively assessed needs, in a way that makes as much use as possible of previously-developed or ‘brownfield’ land (Except where this would conflict with other policies in this Framework, including causing harm to designated sites of importance for biodiversity). Page 37 Agenda Item 6

In terms of potential alternative uses of the site, the Economic Development Officer confirms her previous comments on the last application 59766, which questions the exclusion of tourism use of the site and the impact of a large housing scheme on the attractiveness of the area and the tourist economy.

A further review of the viability of the re-use of the site for on-going holiday use was submitted in February 2018 which concludes that a proposed hotel use would be unviable due to the location, associated high wage costs and challenging occupancy. It was also considered whether the site could be redeveloped as 24 self-catering holiday apartments, but this was also found not to be viable. The opinion from Savills is that there is no viable future holiday use for the Lee Bay site.

The AONB team who had initially raised concerns about the viability of the proposed café are now reassured that a sustainable long term operator would appear to have been secured.

It is worth noting that the last tourism led scheme proposed for the site (49712), including retention of the historic core of the hotel did not materialise, despite a resolution to grant planning permission.

Generally in terms of alternative uses, the applicant advises that ‘Colliers have identified that the site has been unsuccessfully marketed in the past, since the closure of the hotel. Colliers have considered the possible reuse of the building for residential care, offices, medical, educational or other leisure uses but because of the relative remoteness of the location and the high associated rebuilding cost it is highly unlikely that any alternative use could be achieved for the site.

In conclusion, market advice as outlined above, and the experience of seeking funding for the previous scheme has confirmed that re use of the site as a hotel, an apart hotel and/or scheme of holiday-let apartments or other alternative uses would not be viable in this location. Acorn Blue and its consultant team has reasonably concluded that the only way in which the site can be regenerated will be through a residential-led scheme of regeneration. To ensure that a scheme is viable, and can maximise opportunities to deliver an appropriate package of community benefits and address the technical constraints, it will be necessary to develop a range of residential units from flats through to family homes’ .

Further comment on viability issues is set out in the section Heritage Assets below.

Whilst it is accepted that the loss of tourism use is regrettable, no alternative tourism based schemes have been submitted to the Council for consideration since the last planning application either as informal pre-application enquiry, or formal planning application.

Housing

North Devon Council considers that they are able to demonstrate a 5YHLS in accordance with the provisions of their adopted development plan, as evidenced through their North Devon 2016/2017 Authority Monitoring Report (AMR). On this basis the “tilted balance” need not apply to decision taking in North Devon and the demonstration of a joint 5YHLS at adoption of the North Devon and Torridge Local Plan simply reinforces that position.

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In terms of housing proposals in the adopted Local Plan, the site is an unallocated brownfield site outside the development boundary. The site has not been identified in the SHLAA.

In rural settlements such as Lee, the policy is that the occupancy of any dwellings will be restricted to meeting the needs of the local community in accordance with the occupancy restrictions set out in paragraph 13.133 of the Plan. Consideration of Policy DM24 is set out above and is related to spatial strategy Policy ST07 which supports development in Rural Settlements which contain at least one prescribed service or community facility, appropriately located development of a modest scale will be enabled to meet locally generated needs.

Clearly the proposal is at odds with the general approach to housing provision in Lee, because the scheme is for 23 open market dwellings. Consequently, there is an understandable concern locally that the dwellings proposed will become second and holiday homes. The LPA does not have the ability to prevent this type of occupancy, whether in new or existing open market dwellings.

A concern expressed in some public representations is that the scheme lacks any element of affordable housing.

It will be noted that the Housing Officer accepts that Vacant Building Credit means that there is no requirement of affordable housing in this instance.

The Written Ministerial Statement relating to thresholds for affordable housing contributions and more significantly in this case Vacant Building Credit, has been re- introduced by the government and incorporated into the NPPF and NDTLP in Policy ST18.

Planning practice guidance advises that the vacant building credit applies where the building has not been abandoned.

The Council needs to consider whether any building is not an ‘abandoned building’ or vacated solely for the purpose of redevelopment and the factors to take into account include: i) The physical condition of the building; ii) The length of time that the building had not been used; iii) Whether it had been used for any other purposes; and iv) The owner’s intentions The policy is intended to incentivise brownfield development, including the reuse or redevelopment of empty and redundant buildings. In considering how the vacant building credit should apply to a particular development, local planning authorities should have regard to the intention of national policy. In doing so, it may be appropriate for authorities to consider:

• Whether the building has been made vacant for the sole purposes of re-development.

• Whether the building is covered by an extant or recently expired planning permission for the same or substantially the same development.

On the basis that the hotel has not been ‘abandoned’ in planning terms, there will be no affordable housing requirement. This is because the existing hotel floor space of 2,772 Page 39 Agenda Item 6 sqm (GIA) is greater than the cumulative proposed residential floor space across all 23 units of 2,666 sqm (GIA). The cumulative residential floor space is therefore 106 sqm (GIA) less than the total floor space of the former hotel building.

Objectors to the scheme suggest that the hotel has been abandoned and consequently, VBC does not apply. The applicant has been asked to comment further on this matter and comments ‘I recall that the Council sought its own legal advice on the matter of abandonment in 2016 prior to the consideration of planning application 59766. There has been no material change in circumstance at the application site since the provision of this advice in 2016. The building’s superstructure remains substantially intact. It is our view that the building could be brought back into use through the reinstatement of services, repairs and refurbishment – if it were viable to do so’.

As stated in the Introduction to this report, members were keen to see affordable housing included in the scheme, whether vacant building credit applies or not. On the question of affordable housing need, the recently completed Lee & Lincombe Housing Needs Report concludes that there is a need for 7 dwellings over the next 5 years comprising 6 one or two bedroom properties and 1 five bedroom property.

The applicant has been made aware of this, but the latest response is ‘the application of Vacant Building Credit negates any requirement to provide affordable housing. Furthermore, the Viability Appraisal will confirm that neither the current 23 No. scheme, or proposed revised 21 No. unit scheme, would generate sufficient revenue to enable the provision of affordable housing’.

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).

The application is accompanied by an Ecological Appraisal and Protected Species Survey Report, supplemented by a further update survey in February 2017. The Appraisal concluded that the existing ecological value of the propsed development site is moderate. It is likely that the site is used by bats, badgers, nesting birds and reptiles, which led to the Protected Species Survey Report.

The following enhancement measures were proposed and have been re-confirmed by the 2017 survey: • The inclusion of appropriate locally native plant species in landscape garden planting plans. The Devon Biodiversity Action Plan will be used as a guide to the appropriate species mix; • Habitat improvements to the stream corridor and culvert including landscaping incorporating locally native aquatic and water-margin plants; • Installation of bat and bird boxes in existing trees, and installation of artificial features for bats, birds and insects within the development • The management and enhancement of hedgerows to improve ecological quality and structure and the retention and protection of mature trees .

Slow worms have also been found on site, which will require translocation. Page 40 Agenda Item 6

A concern was initially raised by Natural England about potential impact on the Marine Conservation Zone, but this has been allayed by confirmation that the proposal includes creation of a reed beds to receive discharge from the packet sewage treatment plant before it enters the stream.

With regard to Biodiversity, Policy ST14 and DM08 of the NDTLP requires that losses to biodiversity must be minimised, fully mitigated and compensated for by the creation or enhancement of habitat and the Government policy set out in section 15 of the NPPF is to minimise impacts on biodiversity and provide net gains.

Following adoption of the North Devon and Torridge Local Plan, Policy DM08 relating to Biodiversity and Geodiversity states at (8) ‘Development should avoid adverse impact on existing features as a first principle and enable net gains by designing in biodiversity features and enhancements and opportunities for geological conservation alongside new development. Where adverse impacts are unavoidable they must be adequately and proportionately mitigated. If full mitigation cannot be provided, compensation will be required as a last resort’.

‘New development will contribute towards a net gain in northern Devon's biodiversity. All development will be expected to provide a net gain in biodiversity where possible. Where biodiversity assets cannot be retained or enhanced on site, the Councils will support ‘biodiversity offsetting’ to deliver a net gain in biodiversity off-site in accordance with adopted protocols. The DEFRA metric (Technical Paper: The metric for the biodiversity offsetting pilot in England, DEFRA (2012) or subsequent revisions) will be used to assess the extent of any net gain and acceptability of developments having an impact on biodiversity’. The applicant has been asked to submit a completed biodiversity metric and this is one of the other matters the applicant intends addressing before 12 th February.

Natural England welcomes the proposal to deal with invasive species such as Japanese knotweed.

Design

Criticism of design remains an issue with the public and certain consultees, with the suggestion that this will have a detrimental impact on the character of the conservation area. The criticisms relate primarily to scale, massing, height and materials. Heritage issues are specifically considered in the next section.

Part 12 of the NPPF establishes the parameters for new design, identifying at paragraph 127 that planning policies and decisions should ensure that developments: a) will function well and add to the overall quality of the area, not just for the short term but over the lifetime of the development; b) are visually attractive as a result of good architecture, layout and appropriate and effective landscaping; c) are sympathetic to local character and history, including the surrounding built environment and landscape setting, while not preventing or discouraging appropriate innovation or change (such as increased densities);

Page 41 Agenda Item 6 d) establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live, work and visit; e) optimise the potential of the site to accommodate and sustain an appropriate amount and mix of development (including green and other public space) and support local facilities and transport networks; and f) create places that are safe, inclusive and accessible and which promote health and well- being, with a high standard of amenity for existing and future users46; and where crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion and resilience.

This approach is echoed in Policy DM04 of the NDTLP which relates to Design Principles.

A summary of the design is set out in the Proposals section above, changes having been made to the detailed design in August and September 2017.

The ‘Arrival Building’ comprising apartments, stands on the area occupied by the core of the existing hotel. The ridge of the roof of this building will be for the most part no higher than that of the existing building. At the western end the new building is set 4 metres back from the site boundary, reducing impact on the listed building opposite.

The palette of materials used, which is reflected in the appearance of the apartment block, the terraced houses to the east and the café can be found in the village, comprising render, substantial areas of natural rubble stone and natural fish tail slate detailing, under a natural slate roof, although the use of timber cladding in some elevations is less prevalent.

The overall appearance of the buildings in terms of detailing, arrangement of materials and proportions does not exactly reflect existing buildings in the village and has a distinctive style of its own. The merits or otherwise of this approach is to some extent subjective, but the existing hotel building is also unique in terms of the village, in its scale and appearance.

Policy DM04 (2) requires that ‘All major residential proposals will be expected to be supported by a Building for Life 12 (BfL12) (or successor) assessment. High quality design should be demonstrated through the minimisation of "amber" and the avoidance of "red" scores’. The applicant has been asked to submit an assessment and confirms that a preliminary BfL Assessment will be included with the revised plans.

The applicant comments ‘noting the Planning Committee’s clear preference to secure an amendment to the scheme that would further reduce the quantum of the development, the applicant has examined alternative options relating to the design and mass of the proposed ‘Upper’ and ‘Middle’ buildings. I can advise that it is the applicant’s intention to submit further and final revised plans ‘compromise’ proposal for 21 No. dwellings which will reduce the ‘Upper’ and ‘Middle’ buildings by one storey whilst retaining the absolute minimum quantum of proposed development to enable a viable scheme. This will further reduce the overall mass of the proposed development to significantly less than the existing buildings. The associated reduction in the parking requirement will also create an opportunity for an enhanced landscaping setting to the development’.

Page 42 Agenda Item 6

With regard to Policies ST01 to ST05 and ST16 relating to sustainable development and renewable energy as applied to the buildings to be constructed, the Design & Access Statement sets out energy considerations and how sustainable construction will be achieved.

The Designing Out Crime Officer has no objections in principle, but seeks clarification in respect of Secured By Design requirements and has some concerns about informal garden spaces, communal parking areas and arrangements for the café, toilets and public car park. Some of the enhanced security suggestions are welcome, but additional fencing for the apartments and housing is likely to have a detrimental effect on the openness of the valley.

A revised landscaping scheme has been submitted which is intended to ‘integrate the proposed landscape into its context and reconnect the existing alluvial landscape with the water’. The proposals include: private tarmac car parks; back gardens with informal shrub boundaries; terrace to the café; reinforced grass café service area; central pond and stream; public car park with a porous surface; central meadows and woodland; wild stream garden; stone paved public terrace; shared front gardens; and, wild front gardens. These proposals are currently being considered by the Landscape & Countryside Officer.

Heritage Assets

A designated heritage asset can be a listed building (including curtilage listed building), Conservation Area, Registered Park or Garden or Scheduled Ancient Monument.

An undesignated heritage asset is one that has been identified by the Local Planning Authority. These can include locally listed buildings, archaeological sites, and buildings or structures considered to have local heritage significance.

A Core Planning’ principle of the NPPF in terms of sustainable development is to contribute to protecting and enhancing our natural, built and historic environment (paragraph 8).

In determining applications, local planning authorities should take account of: a) the desirability of sustaining and enhancing the significance of heritage assets and putting them to viable uses consistent with their conservation; b) the positive contribution that conservation of heritage assets can make to sustainable communities including their economic vitality; and c) the desirability of new development making a positive contribution to local character and distinctiveness.

Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 sets out a general duty on a Local Planning Authority in respect of conservation areas in the exercise of their planning functions. In the exercise, with respect to any buildings or other land in a designated conservation area, special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area which may be identified in a Character Appraisal .

Section 16 of the Planning (Listed Buildings and Conservation Areas) Act states that in

Page 43 Agenda Item 6 considering whether to grant listed building consent for any works the Local Planning Authority shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. The same duty is repeated relating to planning permissions affecting listed buildings at Section 66 of the Act and applies to all decisions concerning listed buildings.

The Act enshrines a strong presumption against harm to the significance of a heritage asset. If harm is likely to be caused by a proposal, paragraphs 193 to 197 of the NPPF will need to be applied.

It will be noted from the response from Historic England (27/2/18) following submission of additional information, that there are concerns about the visual intensification of development within the location, which conflicts with the character and appearance of the conservation area.

In response to the structural report from Savills they take the view that although the site has been made secure, there has clearly been no maintenance carried out on the building since its closure. They consider that the building could be reused and comment that ‘The cost of full repair and renovation put forward in the application is significant. However, it is not clear how this compares to the cost associated with the demolition and construction of the proposed new buildings within the locality. They query the potential difference in expense and maintain that ‘the building could be converted and adapted to reflect some of its former glory. The structural report does identify some concerns but we are not convinced that the associated costs would defer substantially from that of the new builds. Consequently, we would question the justification present through the associated costs compared to the current proposals’.

With regard to the Financial Viability Assessment, concern is maintained about the visual density of development along the north-east side of the site and comment that through robust analysis it will establish whether there is sufficient justification for the harm caused to the heritage asset and whether the quantum of development proposed is the minimum necessary to secure the regeneration of the site. It will also need to demonstrably outweigh the harm caused to the conservation area as identified in the NPPF, which includes securing the assets optimum viable use as well as associated public benefits. The council should be mindful that in the Planning Practise Guide optimum viable use does not relate to the most profitable solution but the one most compatible with the long term conservation of the asset.

In terms of the amended plans, the Heritage & Conservation Officer view (19/9/17) is that in summary ‘my view in relation to the effect on the Conservation Area is that the proposal will result in less than substantial harm to the significance of this heritage asset. As detailed above I consider that the proposal will not preserve the setting of the listed building, leading to a degree of less than substantial harm in this respect. The proposal will also result in the total loss of a non designated heritage asset. Therefore, under the terms of the NPPF, a balanced judgement which takes into account the scale of harm, the significance of the assets affected, and the public benefits of this proposal will need to be made’.

The Lee Conservation Area Character Appraisal has recently been adopted and any development schemes for the Lee Bay Hotel should seek to:

Page 44 Agenda Item 6

• Maintain a robust sense of enclosure along the northeast side of the site along the main road; • Maintain a varied roof-scape, as this will be prominent from elevated viewpoints around the village – mixtures of roof-forms and junctions including steps in both eaves and ridge could be used to add interest; • Attain a high architectural standard which takes design cues from prevalent local styles where possible; • Reflect the varied and eclectic forms of development within the village, avoiding standard urban designs with no local distinctiveness; • Provide publically accessible, and appropriately landscaped open space overlooking the beach frontage; • Enhance, through water and landscape design, the condition of the valley setting; • Maintain open elements within the site to avoid harm to the significant contribution undeveloped spaces make to local character.

The original full Financial Viability Assessment has been considered by the Council’s independent adviser and subsequent discussions have taken place to see if an agreed position could be reached. The Council adviser was of the view that a scheme for 18 dwellings rather than 23 would be viable based on that FVA.

The issue here is the comment from Historic England that the main justification for the loss of the building and the quantum of development is the viability of the scheme. The optimum viable use does not relate to the most profitable solution but the one most compatible with the long term conservation of the asset (Planning Practice Guide).

Therefore, the LPA need to robustly assess the viability of the proposals and ensure that the quantum of development proposed is the minimum necessary to secure the regeneration of the site. This assessment needs to be considered along with any public benefits offered by the scheme and should demonstrably outweigh the harm identified to the heritage assets affected.

With reference to the Conversion Option Report, it is noted that it is feasible to convert the building into 14 apartments, but the applicant sets out a number of technical and financial points stemming from the Report stating why in the applicant’s view this would not be practicable.

Additionally, the applicant’s view is that if the 14 unit conversion scheme were to be included, it would still be necessary to construct 10 new build units in the middle and upper blocks, plus an additional 250 sqm of GIA, resulting in more than 24 units.

The Heritage & Conservation Officer and Historic England have been re-consulted.

The comments of the former are:

I last responded to this application on 12 th June 2018 and that response, plus previous responses, are still relevant. In particular, I would draw your attention to the paragraph which refers to the conclusion reached by the independent review of the viability of the scheme, which was that a reduced scheme for 18 units will also be viable.

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Since my last response, we have received a new report, ‘Conversion Option’, which is, I assume, the additional information upon which we are now being consulted.

I am not convinced that the Conversion Option Report provides sufficient certainty that there is no viable means of retaining the historic core of the building. I would suggest that, in the same way that the viability assessment has been scrutinised by an independent processional, the contents and conclusions of this Report should also be subject to the same process.

The comments of Historic England are set out in their letter of 22 nd August 2018 which is set out above under Consultee Responses. They are of a similar view.

The applicant disagreed with the appraisal produced by the Council adviser and maintained that 23 units is the minimum required to produce a viable scheme and that the adviser is wrong to have indicated that the loss of 5 units would still be viable. The applicant’s letter confirms that there remain areas of disagreement, principally in terms of GDV and developers profit.

The letter is accompanied by a shadow appraisal Rev B which it is stated renders the Council adviser’s appraisal as -£72,139 in deficit. The Council adviser does not agree with

Page 46 Agenda Item 6 the conclusions in that letter, other than where it also concludes that an impasse has been reached.

His view was that the previous VA that he carried out still showed that a lesser scheme of 18 units would be viable based on his figures as opposed to those used by the applicant’s consultant.

On the basis of the above, it seemed that at the time of writing the previous committee report no further progress could be made on this issue and the proposal would not comply with policy relating to heritage assets.

As referred to in the Introduction an updated appraisal has been submitted by JLL on behalf of the applicant and made publicly available. A copy has been sent to PCC for independent assessment.

The applicant states that the result of this engagement (with PCC), earlier this month, was a difference of opinion in respect of the scheme costs. To address this matter the applicant has sought a detailed construction quote from a local well-reputed contractor, Classic, and a detailed full costing appraisal from a nationally renowned Quantity Surveyor, Taylor Lewis’. At the time of writing this report the cost information is still to be submitted for consideration.

In response to the latest correspondence from the applicant, the view from NDC’s viability adviser is ‘The NPPF/PPG states that an applicant must demonstrate why a proposed development is not able to comply with the policies adopted in the current Local Plan, and the LPA as the decision maker, consider how much weight to attach to such an application.

Following the deferment of the original application Acorn Blue decided to update their viability submission, and instructed JLL to present a viability report, which was produced in November 2018. PCC had been engaged to carry out an independent review of the original viability report submitted and asked to comment on this updated appraisal from the deferred application.

The results from the JLL appraisal demonstrate that the application for a 23 unit scheme provides an acceptable profit level and is therefore viable. Whilst considering alternative inputs PCC also reach the same conclusion, and therefore there is ‘no case’ to consider on viability terms.

The Applicant also requested JLL to consider the hypothetical case of 18 units (through the removal of one of the 5 unit blocks) and concluded that the profit level would not be sufficient, and therefore not viable.

Obviously an 18 unit scheme will produce a lower total sales income (GDV) but PCC believe that the removal of one of the blocks will show additional savings in build cost, and still result in a profitable development in accord with the NPPF.

In order to reach an agreement on the predicted build cost for a reduced unit development, PCC proposed that an independent local QS be engaged to review the cost plan, but this has yet to be undertaken.

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PCC understand that the applicant is considering a further reduction in the impact of the structure by introducing an alternative 21 unit scheme. Perhaps this proposal will be more acceptable from a landscape and heritage point of view, and provide the profit levels required.

However planning policy requires that the viability review is to consider the application as submitted, and the only validated application at this date is the 23 unit scheme, which both JLL acting for Acorn Blue, and PCC as the independent consultant concur is viable’.

In terms of both heritage and design considerations, there was a request from members that the applicant look at opening up the centre of the site through re-design of the layout, that could possibly include moving, reconfiguration and resizing of the accommodation in the different blocks. This is to reduce impact on the Conservation Area relating to the concerns of conservation officers. If the number of units was reduced to 18 this would have allowed removal of the middle block, further opening up views.

As mentioned above in the section on Design, ‘noting the Planning Committee’s clear preference to secure an amendment to the scheme that would further reduce the quantum of the development, the applicant has examined alternative options relating to the design and mass of the proposed ‘Upper’ and ‘Middle’ buildings. I can advise that it is the applicant’s intention to submit further and final revised plans ‘compromise’ proposal for 21 No. dwellings which will reduce the ‘Upper’ and ‘Middle’ buildings by one storey whilst retaining the absolute minimum quantum of proposed development to enable a viable scheme’.

Although drawings have yet to be received, it would seem unlikely that such revision would satisfy the requirements of heritage consultees, or the wishes of members of the Committee.

Landscape

The site is located within an area that is designated as Area of Outstanding Natural Beauty, Coastal Preservation Area and Heritage Coast. Consequently, policies ST09 and ST14 are relevant, as is paragraph 172 of the NPPF.

The NPPF states at 172 that ‘Great weight should be given to conserving and enhancing landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to these issues. The conservation and enhancement of wildlife and cultural heritage are also important considerations in these areas, and should be given great weight in National Parks and the Broads. The scale and extent of development within these designated areas should be limited. Planning permission should be refused for major development other than in exceptional circumstances, and where it can be demonstrated that the development is in the public interest. Consideration of such applications should include an assessment of: a) the need for the development, including in terms of any national considerations, and the impact of permitting it, or refusing it, upon the local economy; b) the cost of, and scope for, developing outside the designated area, or meeting the need for it in some other way; and c) any detrimental effect on the environment, the landscape and recreational opportunities, and the extent to which that could be moderated’.

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For the purposes of paragraphs 172 and 173, whether a proposal is ‘major development’ is a matter for the decision maker, taking into account its nature, scale and setting, and whether it could have a significant adverse impact on the purposes for which the area has been designated or defined.

It is worth noting that on the question of whether this proposal is EIA development, partly on the basis of potential impact on the AONB, whilst not commenting on the merits of the scheme, a response from DCLG states ‘having taken into account the selection criteria in Schedule 3 to the 2017 Regulations the Secretary of State does not consider that the proposal is likely to have significant effects on the environment’ further commenting: ‘While this essentially involves redevelopment of a previously developed site, the Secretary of State recognises that the scheme would still involve building works in an area of environmental sensitivity, which raises issues on scale, massing, height and design. However, given the nature of the proposal, he considers that any impact on sensitive areas would be largely visual and he considers that these matters could be handled through the normal planning process, by considering the documents supporting the planning application for example, without subjecting the scheme to full EIA’.

North Devon Coast AONB originally raised concerns about certain design aspects, whilst accepting that this was an improved application compared to the previous proposal.

On consideration of the amended plans their view was that the revised plans addressed those areas of concern relating to: detailed design of the west elevation; detailed treatment of the pavement and its impact on character, which could be conditioned; viability of the proposed café; and design of the toilets. A pedestrian link between the café and footpath to Lee village was their only outstanding area of objection. They also expressed sympathy with the view of the L&LRA about the opportunity for affordable housing.

Taking into account the tests in paragraph 172, clearly the condition of the existing building and its grounds is not in the public interest and redevelopment of the site in some form would be. In proposing the current scheme the applicant cites in support of the proposals: failure to find an alternative use; limited loss of historic features; landscape improvement to the hotel grounds and watercourse; the opening up of views across the valley; new public open space; improved and extended public car park; provision of housing; new sewage treatment plant; café provision; re-use of recycled materials; employment opportunities; and, energy efficient buildings. The development could have a positive impact on the local economy. On the other hand the need for 23 open market dwellings in Lee is questionable.

There is scope for developing this level of housing outside the designated area, now that the Planning Inspector has found the NDTLP to be sound and the Council position that a 5 year housing land supply can be demonstrated. Alternative sites are available for housing within the parish, but it is the case that no other similar brownfield redevelopment sites are available in Lee.

The existing hotel building which has been the subject of extension is of a scale that is untypical of the rest of the village. The amended proposals in terms of buildings comprise three blocks of dwellings. The largest westernmost building is three storey viewed from the south, two storey for the most part viewed from the north, with a terraced cottage character. Horizontal features help to reduce the sense of height. A palette of materials mostly found elsewhere in the village is to be used. The middle and eastern blocks are smaller, but are similar in design. The latter block is also largely hidden from the road by a

Page 49 Agenda Item 6 tree screen. Views of all three blocks are available from the south, but are seen against the backdrop of the north side of the valley and other dwellings higher on the hillside. The café and toilet building to the south of the site is single storey and again uses an appropriate palette of materials. On balance, it is considered that the scale, massing, height and design of the development will not have a detrimental effect on the AONB or other landscape designations.

Amenity In consideration of environmental protection matters, the Environmental Health Officer recommends the inclusion of conditions relating to: Contaminated Land survey and reaction; Construction Management Plan; Demolition/Construction Times; and Asbestos survey and removal.

With regard to Policy DM01 and DM02 it is not considered that the development will adversely increase impacts on the occupiers of neighbouring residential property.

Drainage

The EA advise that ‘We have no objection to the proposal. The submitted Flood Risk Assessment (FRA) by Hydrock dated April 2017 has correctly identified the flood risks and suggested suitable mitigation measures, which include taking a sequential approach to siting, appropriate finished floor levels and landscaping measures. You may wish to include a planning condition to secure the implementation of these measures’.

With regard to surface water drainage SUDS is not a feasible option on this site. It is therefore proposed to discharge surface runoff rate at the existing greenfield runoff rate to mimic the existing situation. All impermeable areas will be positively drained via gulleys and rainwater downpipes to dedicated surface water sewers discharging to the existing watercourse. The discharge from the development will be via a headwall outfall structure to the existing watercourse which then immediately discharges to Lee Bay via an existing culvert under the main road. Excess volumes of water generated by the restricted discharge flow rates will be contained within cellular storage tanks which will be located outside of the 100 year flood plain to the existing watercourse. The existing car park to the south of the watercourse will be revised in terms of layout and will be reconstructed using permeable materials that will allow water to percolate direct to ground. The Flood and Coastal Risk Management Team recommend conditions.

Foul drainage requires improvement and it is proposed to site a new foul package treatment plant beneath the car park to the south. This will need to include provision for some properties to the north of the hotel that link in to the existing hotel system, including a small private pumping station on-site. There are no objections from consultees.

Transport

A Transport Statement has been submitted which reaches the following conclusions:

• It is proposed that the former Lee Bay Hotel site at Lee Bay near Ilfracombe be redeveloped from the current 56 bedroom Hotel to 23 residential dwellings consisting of a mixture of detached houses, terraced houses, and apartments. Of these, ten are proposed to be 2-bed units, seven are 3-bed units, and six are 4-bed units. • Lee and Lee Bay benefit from a small local store located within the Grampus Inn from which a limited range of convenience goods are available. This is located within an Page 50 Agenda Item 6

easy walking distance of the development site. Public transport services are also available to and from the nearest town of Ilfracombe. • The parking needs of the proposed development can be readily accommodated on the site. A total of 41 residential parking spaces are proposed within two proposed car parks. In providing this level of parking, the area of existing hard standing located to the west of the former Hotel building can be closed off to vehicular traffic and converted to a public terrace. • The existing public car park accessed from the Sea Front will be resurfaced and rationalised to improve the quality of the parking area and to increase the number of spaces available to the general public from approximately 40 to 75 (including 3 spaces for disabled drivers. This will help to reduce on-street parking in the local area which can take place in inappropriate and / or illegal locations. • The proposed access arrangements to the site involve the creation of two new priority junctions on the site’s northern boundary to provide access to the two new car parks associated with the residential aspects of the scheme. Access to the publically accessible car park and the proposed commercial aspects of the scheme on the southern edge of the site will remain the same as currently exists. • Traffic flows associated with the proposed development have been shown to be considerably less than those that might otherwise be associated with the extant Hotel use of the site. This provides a considerable benefit to highway safety on the local roads in the vicinity of the site particularly given the removal of coach trips previously associated with the extant Hotel use.

No objections have been received from the Local Highway Authority, who recommends conditions to be used if approval is granted.

No response has been received from the PROW but on the previous application he requested protection is put in place for users of the public footpath adjoining the site during construction. This can be required as part of Construction Management Plan (CMP) condition.

Other Issues

Section 143 of the Localism Act amends Section 70 of the Town and Country Planning Act 1990 so that when determining planning applications, Local Planning Authorities should also have regard to any local finance considerations, so far as material to the application. Local finance considerations means a grant or other financial assistance that has been, or will or could be provided to the relevant authority by a Minister of the Crown, or Sums that a relevant authority has received, or will or could receive, in payment or a Community Infrastructure Levy. In respect of this proposal consideration should be given to the fact that a New Homes Bonus may be generated by this application.

S106

DCC as education authority have requested a contribution totalling £204,133 plus legal costs in respect of primary school provision and transport costs in respect of both primary and secondary schools serving the site, plus early years provision.

In consideration of Policy DM10, a revised contribution of £92,468.37 is requested by the Project and Procurement Officer Parks, Leisure and Culture, part of which could be used in conjunction with National Trust schemes, provided they meet the relevant tests.

Page 51 Agenda Item 6

CONCLUSION

As reported to previous meetings, this site comprises an empty hotel, grounds and car park located behind the beach at Lee Bay.

Paragraph 47 of the NPPF states that planning law requires that applications for planning permission must be determined in accordance with the development plan unless material considerations indicate otherwise.

The presumption in favour of sustainable development means that Councils should approve development proposals that accord with an up to date development plan without delay and that development that is considered sustainable should be supported.

Local planning authorities may take decisions that depart from an up-to-date development plan, but only if material considerations in a particular case indicate that the plan should not be followed.

The NPPF is clear that Decision-makers at every level should seek to approve applications for sustainable development where possible (paragraph 38).

In this instance, as detailed in the committee report, the development now proposed has attracted a large number of objections from local residents and beyond, although it is also recognised that the Town Council have recommended approval in the past, albeit no recommendation was made on the most recent consideration.

The NPPF reflects Government policy that there is a presumption in favour of sustainable development and to boost the supply of homes and to take a positive approach to applications for residential development in sustainable locations.

When considering whether development is sustainable, it is necessary to look at the NPPF as a whole, considering all of the policies contained in the NPPF and the actual assessment of whether a development is sustainable or not comes from the weighing up exercise of the impacts and benefits and is not a separate assessment. All relevant issues must be considered as part of this, including the NPPF.

The three dimensions of sustainable development are economic, social and environmental and as a Local Planning Authority it is necessary to apply the presumption in favour of sustainable development and to consider whether the present development would deliver such an outcome.

In applying a balanced approach to decision making, issues relating to ecology, amenity, drainage and transport, whilst drawing some criticism in representations, are supported by consultees and are not seen as a hindrance to the proposed development. Circumstances will in fact be improved in these areas.

Representations question the loss of tourist use provided by the hotel or an alternative tourism use, but tourist accommodation uses are shown by the applicant to be unviable and no alternative schemes have been submitted. The scheme includes an element of tourism use in the form of a proposed café.

A number of public benefits stem from the application that can be summarised as:

Page 52 Agenda Item 6

• A new use of previously developed land and buildings which are now derelict, where no alternative use proposal has been forthcoming. • Limited loss of historic features. • Landscape improvement to the hotel grounds and watercourse. • The opening up of public views across the valley. • New public open space. • Improved and extended public car park. • Provision of new housing as a windfall. • New sewage treatment plant to serve existing and proposed dwellings. • Café provision. • Re-use of recycled materials following demolition. • Energy efficient buildings. • Positive impact on the local economy through employment opportunities. • The scale, massing, height and design of the development will not have a detrimental effect on the AONB or other landscape designations.

On the other hand the dis-benefits of the scheme are:

• This is an un-allocated housing site outside any development boundary. • Lee is a settlement where only limited residential development would be expected to take place. • On the basis that Vacant Building Credit applies, no affordable housing is included in the scheme. • A scheme for 23 open market dwellings in Lee represents a significant increase in the size of the village. • Alternative allocated sites are available for the proposed level of housing within the parish. • The effect on the Conservation Area is that the proposal will result in (less than substantial) harm to the significance of this heritage asset. • The proposal will not preserve the setting of the listed building, leading to a degree of (less than substantial) harm in this respect. • The proposal will also result in the total loss of a non designated heritage asset, when it appears feasible to convert the older (historic core) part of the existing building. • A scheme for 18 dwellings rather than 23 could be viable, bearing in mind that optimum viable use does not relate to the most profitable solution but the one most compatible with the long term conservation of the asset.

There are conflicts with the policies of both the adopted and emerging Local Plan, particularly in terms of those relating to the distribution of housing, the AONB and the impact on heritage assets.

The NPPF is a material consideration which includes a presumption in favour of sustainable development, taking into account the three dimensions: economic, social and environmental.

The NPPF advises that planning applications should be approved unless any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against this Framework taken as a whole.

Page 53 Agenda Item 6

Of particular concern is that under the terms of the NPPF, with regard to heritage assets a balanced judgement which takes into account the scale of harm, the significance of the assets affected, and the public benefits of this proposal will need to be made.

Following earlier consideration by members, issues to be explored further were: • Independent review of the latest viability assessment • A reduction of the number of units • Re-design of the scheme to open up the centre of the site • Provision of affordable housing • A section 106 agreement to be agreed in principle for contributions for public open space and education.

The earlier indications were that a scheme for 18 units, including some reduction in financial contributions, would be financially viable bearing in mind government advice that 15-20% of GDV is a suitable developer return and would allow for a proposal that would resolve the first two issues, which may mean a scheme on such a scale could be supported by officers.

However, the latest indication is that the applicant is unwilling to pursue this option or provide affordable housing.

The independent assessment from Plymouth City Council concurs with the view that a scheme of 23 units is viable. Whilst they accept that an 18 unit scheme will produce a lower total sales income, the removal of one of the blocks will show additional savings in build cost, and still result in a profitable development in accord with the NPPF. PCC proposed that an independent local QS be engaged to review the cost plan, but this has yet to be undertaken.

The applicant is requesting a further deferment to allow the submission of detailed costs information in respect of viability and revised plans showing a scheme of 21 dwellings.

If this request is considered unacceptable, it remains the case that the proposal before members is for 23 dwellings and associated development as originally submitted and if refused, the applicant would have the option of appeal or submission of a revised application.

Consequently, although finely balanced, your officers conclude that the benefits of the proposals do not outweigh the disadvantages and the recommendation remains one of refusal.

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

Page 54 Agenda Item 6

DETAILS OF RECOMMENDATION

Refuse, for the following reasons:

1. The proposed development would fail to preserve or enhance the character or appearance of the designated Lee Conservation Area contrary to the statutory requirement set out in the Planning (Section 72 Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area; neither would the proposal preserve the setting of the adjacent Grade II listed Old Mill contrary to the requirements of Section 16 (2) of the Act and its advice that LPAs have ‘special regard’ to the desirability of preserving listed buildings or their settings. Specifically, the proposal would result in the loss of significance of a non-designated heritage asset (NPPF paragraph 197), less than substantial harm to a designated asset in adversely affecting the setting of the grade II listed Old Mill and would result in a high degree of less than substantial harm to a designated heritage asset in terms of its impact on the character and appearance of the designated conservation area (NPPF paragraphs 192 and 196). In this instance, the benefits of the proposed development are not considered such as to outweigh the harm caused to the heritage interest. In these respects the proposal is accordingly considered to be contrary to Policy ST15 (Conserving Heritage Assets) and Policy DM07 (Historic Environment) of the North Devon and Torridge Local Plan.

2. As the development represents major development within the designated Area of Outstanding Natural Beauty, the proposal therefore conflicts with the advice set out in paragraphs 172 and 173 of the NPPF because the applicant has not demonstrated that there are exceptional circumstances or that the development is in the public interest. In these respects the proposal is accordingly considered to be contrary to Policy ST14 (Enhancing Environmental Assets) and Policy ST09 (Coast and Estuary Strategy) of the North Devon and Torridge Local Plan.

3. The North Devon and Torridge Local Plan contains Policy ST07: Spatial Development Strategy for Northern Devon’s Rural Area, which in Rural Settlements that contain at least one prescribed service or community facility, enables appropriately located development of a modest scale to meet locally generated needs. Policy DM24: Rural Settlements supports in qualifying Rural Settlements, proposals for local occupancy dwellings to meet a locally identified housing need. The proposed development is not considered to be of a modest scale or proportionate to the settlement’s size, form or character, does not meet an established housing need including secure arrangements and will harm the settlement’s rural character and setting. Consequently, the proposal is contrary to these policies.

INSERT(S) TO FOLLOW OVERLEAF 1. OS Location Plan 2. List of representation names and addresses 3. Natural England 26/6/17 4. Lee & Lincombe Residents Association 31/08/17 5. Historic England 17/7/17, 20/9/17 and 23/4/18 6. Environmental Health 17/7/18 7. Conclusions page of Viability Assessment. Plymouth City Council 28/05/18 8. Financial Viability Assessment by JLL – November 2018 9. Housing Needs Report – December 2018 10. Agent email 29/1/19 11. Summary of Viability – Plymouth City Council 31/1/19 Page 55 Agenda Item 6

Copy Supplied to Accompany Planning 63167 - Lee Bay Hotel, Committee Report Scale: 1:5000 Lynton House, Commercial Road, Page 56 Date: 10/10/18 Barnstaple, EX31 1EA © Copyright and database right 2017 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. Agenda Item 6 Neighbour Representations List for Application No 63167

235 LETTER(S) OF OBJECTION

PAULA BUSTIN SUNNYSIDE LEE Date Received: 27-Mar-18 Date Received: 12-Jul-17 Date Received: 08-Sep-17 MR & MRS PAUL THOM THE GWYTHERS LEE Date Received: 22-Mar-18 Date Received: 05-Oct-18 Date Received: 22-Aug-17 Date Received: 28-Jun-17 DAVID THEOBALD SHELL COTTAGE LEE Date Received: 12-Mar-18 RUPERT WILKINS MILLFIELD COTTAGE LEE Date Received: 09-Nov-18 Date Received: 10-Jul-17 Date Received: 19-Mar-18 NICKI CRUTCHFIELD ST ELOI LEE Date Received: 21-Jun-17 MRS H BOOKER THE GATE HOUSE LEE Date Received: 04-Sep-17 Date Received: 28-Jun-17 Date Received: 23-Mar-18 ANDREW WISLOCKI APPLEDORE HOME LANE Date Received: 12-Mar-18 Date Received: 03-Jul-17 PAUL SCARROT IVYBANK LEE Date Received: 31-Aug-17 Date Received: 28-Jun-17 Date Received: 12-Mar-18 DAVID RODD HIGHER BARN PLUDD Date Received: 29-Jun-17 Date Received: 14-Mar-18 PAT AND GED COATES WAYSIDE HOME LANE Date Received: 03-Jul-17 Date Received: 07-Sep-17 MRS GINNY POTTS THE ORCHARD LEE Date Received: 03-Jul-17 Date Received: 11-Sep-17 MR GEOFF POTTS THE ORCHARD LEE Date Received: 11-Sep-17 Date Received: 03-Jul-17 JANE JOHNCOCK WEST CLAYES LEE Date Received: 22-Mar-18 Date Received: 04-Jul-17 Date Received: 22-Mar-18 Date Received: 08-Sep-17 JOSEF ERTMAN ULFRID LEE Date Received: 06-Jul-17 31 January 2019 Page 57 Page 1 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

KATE MCCALLUM THE EAST WING THE GRANGE Date Received: 06-Jul-17 Date Received: 12-Mar-18 A HOLM-ANDERSSON THE CROFT LEE Date Received: 31-Aug-17 Date Received: 10-Jul-17 RICHENDA CARTER LINCOMBE HOUSE LINCOMBE Date Received: 19-Mar-18 Date Received: 10-Jul-17 PHILIP JOHNCOCK WEST CLAYES LEE Date Received: 08-Sep-17 Date Received: 11-Jul-17 Date Received: 23-Mar-18 ALAN & MARGARET BANNISTER 2 BROOKDALE VILLAS LEE Date Received: 26-Mar-18 Date Received: 31-Aug-17 Date Received: 11-Jul-17 ELEANOR SCARROT IVYBANK LEE Date Received: 22-Mar-18 Date Received: 31-Aug-17 Date Received: 11-Jul-17 PETER CRESSWELL GREY COTTAGE LEE Date Received: 06-Nov-18 Date Received: 22-Sep-17 Date Received: 11-Jul-17 GREGORY STAFFORD WINDCUTTER LEE Date Received: 12-Jul-17 MAVIS ROGERS THE BLUE MUSHROOM LEE Date Received: 08-Sep-17 Date Received: 07-Sep-17 MICHAEL ROGERS THE BLUE MUSHROOM LEE Date Received: 07-Sep-17 Date Received: 08-Sep-17 TREVOR GREAVES CHARLTON CLEAVE LEE Date Received: 26-Mar-18 Date Received: 11-Sep-17 Date Received: 12-Jul-17 D BIGGERSTAFF 6 THE GRANGE LEE Date Received: 13-Jul-17 Date Received: 28-Mar-18 GINA-LUISA HILBORNE THE COACH HOUSE LEE Date Received: 13-Jul-17 STUART GROCE THE COACH HOUSE LEE Date Received: 13-Jul-17 H THOMPSON FISHERMANS COTTAGE LEE Date Received: 19-Mar-18 Date Received: 09-Sep-17

31 January 2019 Page 58 Page 2 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

KATE MADDEN ROCK END LEE Date Received: 15-Mar-18 Date Received: 10-Apr-18 Date Received: 13-Jul-17 Date Received: 01-Sep-17 SARAH WADDINGTON LOWER BARN LEE Date Received: 26-Apr-18 Date Received: 24-Jul-17 ANDREW AILES MYRTLE COTTAGE LEE Date Received: 01-Sep-17 JANE HAMILTON HIGHFIELD HOUSE LEE Date Received: 31-Aug-17 MARTHA SCARROTT IVYBANK LEE Date Received: 22-Mar-18 Date Received: 31-Aug-17 Date Received: 14-Jul-17 JOHN SCARROTT IVYBANK LEE Date Received: 14-Jul-17 LUCY SCARROTT IVY BANK LEE Date Received: 14-Jul-17 Date Received: 31-Aug-17 JEANETTE & STEVE MATTHEWS SEAL COTTAGE LEE Date Received: 14-Jul-17 BERNADETTE SMITHERS 6 THE GRANGE LEE Date Received: 11-Sep-17 Date Received: 27-Mar-18 Date Received: 14-Jul-17 FRANCIS WESTCOTT THE GRAMPUS INN LEE Date Received: 14-Jul-17 Date Received: 22-Mar-18 Date Received: 23-Mar-18 JOHN HARMAN DANE COTTAGE HOME LANE Date Received: 14-Jul-17 ANGUS HAMILTON HIGHFIELD LEE Date Received: 14-Jul-17 BY EMAIL

Date Received: 01-Sep-17 Date Received: 27-Mar-18 PAT & GED COATES WAYSIDE LEE Date Received: 11-Sep-17 Date Received: 14-Jul-17 JULIEN BUSSELLE DAMAGE HUE LEE Date Received: 26-Mar-18 Date Received: 14-Jul-17 IAN DUNBAR BRIARWOOD LEE Date Received: 14-Jul-17

31 January 2019 Page 59 Page 3 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

IAN & CYNTHIA STUART COMBELYNCHET LINCOMBE Date Received: 23-Mar-18 Date Received: 14-Jul-17 JULIAN WITTS LITTLE RIDGE LEE Date Received: 26-Mar-18 Date Received: 14-Jul-17 MICHELLE JONES 64 HIGH STREET ILFRACOMBE Date Received: 14-Jul-17 MARGARET MOFFAT 5 COLE LANE STOKE SUB HAMDON Date Received: 14-Jul-17 KEVIN MCALLISTER OYSTERCATCHERS THE OLD COAST ROAD Date Received: 11-Sep-17 Date Received: 28-Mar-18 Date Received: 14-Jul-17 Date Received: 14-Aug-17 ALLAN CAMERON 14 SOUTH VIEW CHADDIFORD LANE Date Received: 17-Jul-17 SUSANNE EIBNER LITTLE RIDGE LEE Date Received: 17-Jul-17 Date Received: 26-Mar-18 MRS CAROLYN WEEKES ROSE COTTAGE LEE Date Received: 17-Jul-17 MRS LYNN MONEY 37 CROWHURST CRESCENT STORRINGTON Date Received: 13-Nov-18 Date Received: 17-Jul-17 MR & MRS R CLARKE OLD FARM COTTAGE LEE Date Received: 17-Jul-17 MILES YOUNG MARTIN ROBESON PLANNING PRACTICE Date Received: 10-Oct-18 Date Received: 02-Aug-17 Date Received: 18-Jul-17 RON STAMP/DR RACHEL CHURCHIL PEBBLE HOUSE HOME LANE Date Received: 19-Mar-18 MRS C TITMAN ULFRID LEE Date Received: 25-Jul-17 ALLAN CAMERON THE HAVEN LEE Date Received: 19-Mar-18 BILL HARVEY THE GRAMPUS INN LEE Date Received: 13-Nov-18 Date Received: 26-Mar-18 COL R C GILLIAT (RETD) THE OLD POST OFFICE LEE Date Received: 19-Mar-18 JEN STEER VINE COTTAGE LEE Date Received: 14-Mar-18 MR M PONSONBY HIGHVIEW HOME LANE

31 January 2019 Page 60 Page 4 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

Date Received: 08-Nov-18 Date Received: 24-Jul-17 Date Received: 01-Sep-17 E THOMPSON FISHERMANS COTTAGE LEE Date Received: 19-Mar-18 Date Received: 09-Sep-17 AMANDA ROBERTSON THE OLD VICARAGE LEE Date Received: 07-Aug-17 Date Received: 09-Mar-18 FRANK MULLARKEY 63 GLOUCESTER AVENUE LONDON Date Received: 07-Aug-17 MICHEAL BRADSHAW WESTRIDGE INGESTRE ROAD Date Received: 19-Mar-18 C M & M G M BRADSHAW received by email

Date Received: 12-Mar-18 Date Received: 09-Nov-18 CHARLES PONSONBY received by email

Date Received: 12-Mar-18 Date Received: 08-Nov-18 Date Received: 31-Jul-17 ELIZABETH IRWIN VIA EMAIL

Date Received: 07-Aug-17 JOHN HOBLYN 7 ST THOMAS'S GARDENS LONDON Date Received: 11-Aug-17 SOPHIE HAINES RECEIVED BY EMAIL

Date Received: 09-Aug-17 MR & MRS BRADSHAW RECEIVED BY EMAIL

Date Received: 29-Aug-17 JOHN HARMAN DANE COTTAGE HOME LANE Date Received: 31-Aug-17 JOHN SCARROTT IVY BANK LEE Date Received: 31-Aug-17 VICTOR FRANCISCO MARTINEZ STREET 36 6 POSTAL CODE 46020 Date Received: 04-Sep-17 Date Received: 12-Nov-18 PILAR FRANCISCO MARTINEZ STREET 36 6 POSTAL CODE 46020 Date Received: 04-Sep-17 DAPHNA IVRY 2A DARWIN COURT MELBOURNE STREET Date Received: 04-Sep-17 Date Received: 12-Mar-18 KIRSTY MCCASKILL 3 ROCK HOLLOW ROAD SHAWNEE Date Received: 13-Nov-18 Date Received: 04-Sep-17 Date Received: 23-Mar-18 VICTORIA WHEATLEY THE GRAMPUS INN LEE Date Received: 04-Sep-17

31 January 2019 Page 61 Page 5 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

JOHN GERARD KENNEDY FLAT 1 9 KINGS ROAD Date Received: 04-Sep-17 ALIX HARVEY 65 COMPTON VALE PLYMOUTH Date Received: 04-Sep-17 Date Received: 14-Mar-18 ROBERT ROE 4 STRAWBERRY FIELD PULBOROUGH Date Received: 04-Sep-17 VERITY WISLOCKI 18 ELM TREE AVENUE ESHER Date Received: 04-Sep-17 LARA DONLADSON 11/3 RENNIE'S ISLE EDINBURGH Date Received: 04-Sep-17 KATE SHARKEY CROFT OF BLAIRWICK GLEN OF CULTS Date Received: 04-Sep-17 TRELAWNY KEAN 506 BARKLY ST GOLDEN POINT Date Received: 04-Sep-17 LYNDSAY SMITH FALKIRK SCOTLAND Date Received: 14-Mar-18 Date Received: 04-Sep-17 RENNY CHAVEZ SENT BY EMAIL

Date Received: 04-Sep-17 ADELE BOUTHENE AVENUE DE LA VALLOMBREUSE 1008 PRILLY Date Received: 04-Sep-17 KARI MCCASKILL 2624 EL TORO DR OKLAHOMA CITY Date Received: 04-Sep-17 Date Received: 21-Mar-18 ALYSSA WENDT MARGATE FL USA Date Received: 04-Sep-17 ELEANOR KNIGHT 45 SLADE VALLEY ROAD

Date Received: 04-Sep-17 JULIE WHITE 3 ROCK HOLLOW ROAD SHAWNEE Date Received: 04-Sep-17 KATHLEEN SAINT-AMAND 251 E29th STREET APT 6H BROOKLYN Date Received: 04-Sep-17 ROC VINAIXA C/ROQUES 9 MIRAVET 43747 Date Received: 04-Sep-17 BRANDY COOPER PO BOX 73 FLETCHER Date Received: 04-Sep-17 ELAINE BURCH 6 BEECHOMOUNT ROAD BT23 6LN Date Received: 04-Sep-17 CARLOTTAA SCHNAU KORFFSTRASSE 34 60437 FRANKFURT Date Received: 04-Sep-17 PHILLIP ADDISON 602 BROADSTREET FREDERICTON Date Received: 06-Sep-17

31 January 2019 Page 62 Page 6 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

DEBORAH CONNELL 1321 W EMERSON ST 7 EATTLE Date Received: 04-Sep-17 Date Received: 14-Mar-18 ABBY GROSSLEIN APT 17 2023 CATON AVENUE Date Received: 04-Sep-17 MISHALE BOETTCHER KOCKSTRASSE 5 30451 HANNOVER Date Received: 05-Sep-17 RACHEL SMITH LEE ILFRCOMBE Date Received: 05-Sep-17 SHONA BURCH 6 BEECHMOUNT ROAD BALLYGOWAN Date Received: 05-Sep-17 ROBERT BIELEK PO BOX 231 STAR LAKE ROAD TIMMINS Date Received: 05-Sep-17 Date Received: 14-Mar-18 LUCY SANGERS ORCHARD HOUSE WINSHAM Date Received: 05-Sep-17 LAURA SANGERS BRAUNTON

Date Received: 05-Sep-17 DOMINIC MURPHY 4 THE TERRACE BICKINGTON Date Received: 05-Sep-17 KATIE SANGERS 1 GREAT EASTERN STREET LONDON Date Received: 06-Sep-17 CHARLES PONSONBY 6 HEATHVIEW GARDENS LONDON Date Received: 07-Sep-17 DI NEWELL RECEIVED BY EMAIL

Date Received: 11-Sep-17 ELENA FERNANDEZ VIA EMAIL

Date Received: 20-Sep-17 GILL WESTCOTT VENBRIDGE HOUSE CHERITON BISHOP Date Received: 02-Oct-17 Date Received: 19-Mar-18 ERIC COULING & PAUL SCARROTT RECEIVED BY HAND OBO LLRA

Date Received: 05-Jan-18 VICTOR & PILAR VIESRO RECEIVED BY EMAIL

Date Received: 14-Mar-18 DAPHNA IVRY RECEIVED BY EMAIL

Date Received: 14-Mar-18 KRISTY MCCASKILL 3 ROCK HOLLOW ROAD OKLAHOMA Date Received: 14-Mar-18 MISHALE BOETTCHER KOCHSTRAE 5 30451 HANNOVER Date Received: 14-Mar-18 RICKY KNIGHT 1 TAW VIEW TERRACE BISHOPS TAWTON Date Received: 14-Mar-18

31 January 2019 Page 63 Page 7 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

Date Received: 26-Mar-18 ROC VINAIXA MOLINJS C/ROQUES 9 43747 MIRAVET Date Received: 14-Mar-18 MARISSA KING-HARRIS 4 REGENT PLACE ILFRACOMBE Date Received: 14-Mar-18 ODETTE GORRIE 36 HIGH STRATION ROAD FALKIRK Date Received: 14-Mar-18 MARION SMITH 2 CARNEGIE DRIVE FALKIRK Date Received: 14-Mar-18 DAWNDA MCCASKILL 2624 EL TORO DRIVE OKLAHOMA CITY Date Received: 14-Mar-18 ANT COLLAZO 31A MONTROSE PARK BRISLINGTON Date Received: 14-Mar-18 CLAIRE MEYRIEUX RECEIVED BY EMAIL

Date Received: 15-Mar-18 ANGUS EVELEIGH ROCK END LEE Date Received: 15-Mar-18 JANET HOPSON 7 HILLSBOROUGH PARK ROAD ILFRACOMBE Date Received: 15-Mar-18 JACKIE HAWKEN 32 WOODGROVE ROAD BRISTOL Date Received: 14-Mar-18 ANAT & ARIEL IVRY RECEIVED VIAL EMAIL

Date Received: 15-Mar-18 Date Received: 12-Nov-18 GEOFFREY & HEATHER MANNING 8 GLOUCESTER HOUSE WILDER ROAD Date Received: 15-Mar-18 STEVEN BERRY SENT BY EMAIL

Date Received: 14-Mar-18 ALEXANDER PATERSON SENT BY EMAIL

Date Received: 14-Mar-18 REBECCA TUNWELL 29 ST JAMES PLACE ILFRACOMBE Date Received: 14-Mar-18 BETSY HOSEGOOD DAMAGE HUE LEE Date Received: 15-Mar-18 CHRISTOPH MERGERSON PO BOX 301 NEW BRUNSWICK Date Received: 19-Mar-18 ELEANOR SCARROTT IVYBANK LEE Date Received: 19-Mar-18 JANE HARVEY 7 VILLA GROVE HEWORTH GREEN Date Received: 19-Mar-18 PAUL MCDERMOTT 55 FIELDS ROAD ALSAGER Date Received: 19-Mar-18 GLYNIS WALKER 1 CHANNEL VIEW MORTEHOE 31 January 2019 Page 64 Page 8 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

Date Received: 19-Mar-18 ALLY POORE HIGHER TRAYNE ILFRACOMBE Date Received: 19-Mar-18 JOSEPH STEER VINE COTTAGE LEE Date Received: 19-Mar-18 DOMINIC WADDINGTON LOWER BARN LEE Date Received: 21-Mar-18 PATRICIA COATES WAYSIDE LEE Date Received: 21-Mar-18 GERARD COATES WAYSIDE LEE Date Received: 21-Mar-18 ROSEMARY HAWORTH-BOOTH OBO NORTH DEVON GREEN PARTY BARN COTTAGE Date Received: 26-Mar-18 SIMON AILES & PAULA BUSTIN SUNNYSIDE LEE Date Received: 26-Mar-18 RICK PULFORD 3 SEAWARDS BEACH ROAD Date Received: 23-Mar-18 ROBIN AILES MYRTLE COTTAGE LEE Date Received: 23-Mar-18 MATTHEW DEARDEN ROSE COTTAGE LEE Date Received: 23-Mar-18 MAIA NORMAN SOUTHCLIFFE HALL LEE BAY Date Received: 04-Apr-18 ERIC COULING OVERCLIFFE MORTEHOE STATION ROAD Date Received: 30-Jul-18 FRANCIS WESTCOTT GENERAL MANAGER THE GRAMPUS INN Date Received: 17-Aug-18 ALAN BANNISTER 2 BROOKDALE VILLAS LEE Date Received: 05-Oct-18 MR & MRS GODWIN THE OLD MILL LEE Date Received: 09-Oct-18

6LETTER(S) OF SUPPORT

DR GWYN & MRS LINDA HUMPHRE CLIFFE LEE Date Received: 07-Jul-17 TONY SINCLAIR LEE MANOR LEE Date Received: 12-Jul-17 HELEN WRIGHT CHARLTON CLEAVE LEE Date Received: 14-Jul-17 TONI SINCLAIR E-MAIL

Date Received: 14-Jul-17

31 January 2019 Page 65 Page 9 of 10 Agenda Item 6 Neighbour Representations List for Application No 63167

NATIONAL TRUST RECEIVED BY EMAIL

Date Received: 22-Mar-18 JO EDWARDS SENT BY EMAIL

Date Received: 18-Sep-17

11 LETTER(S) OF COMMENT

PAT AND GED COATES WAYSIDE HOME LANE Date Received: 27-Mar-18 MAVIS ROGERS THE BLUE MUSHROOM LEE Date Received: 12-Jul-17 MICHAEL ROGERS THE BLUE MUSHROOM LEE Date Received: 12-Jul-17 H THOMPSON FISHERMANS COTTAGE LEE Date Received: 13-Jul-17 ANDREW AILES MYRTLE COTTAGE LEE Date Received: 14-Jul-17 NATIONAL TRUST SOUTH WEST REGION KILLERTON HOUSE Date Received: 11-Aug-17 RAY KOSTEN 200 ST ANDREWS BLVD UNIT 912 WINTER PARK Date Received: 04-Sep-17 MAEVE BRENNAN 1 MOUNTJOY PARADE NORTH CIRCULAR ROAD Date Received: 04-Sep-17 CATHERINE TOOPE FLAT 1 9 KINGS ROAD Date Received: 06-Sep-17 BILL HARVEY THE GRAMPUS INN LEE Date Received: 05-Sep-17 HEATHER BOOKER RECEIVED BY EMAIL

Date Received: 08-Nov-18

31 January 2019 Page 66 Page 10 of 10 Agenda Item 6 Date: 26 June 2017 Our ref: 218208 Your ref: 63167

Customer Services Mr. Robert Pedlar Hornbeam House Senior Planning Officer Crewe Business Park Strategic Development and Planning Electra Way Crewe North Devon Council Cheshire CW1 6GJ BY EMAIL ONLY [email protected] T 0300 060 3900

Dear Bob,

Planning consultation: DEMOLITION OF EXISTING HOTEL, ERECTION OF 23 DWELLINGS, FORMATION OF NEW PUBLIC OPEN SPACE, EXTENSION TO EXISTING CAR PARK, ERECTION OF CAFE & WC BLOCK & ASSOCIATED LANDSCAPING, DRAINAGE & HIGHWAY WORKS Location: LEE BAY HOTEL LEE ILFRACOMBE GRID REF: 248056; 146499

Thank you for your consultation email dated and received by Natural England on 13 June 2017.

Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.

SUMMARY OF NATURAL ENGLAND’S ADVICE

FURTHER INFORMATION REQUIRED TO DETERMINE IMPACTS ON DESIGNATED SITES

As submitted, the application could have potential significant effects on Bideford to Foreland Point Marine Conservation Zone (MCZ).

Natural England advice is that further information is required in order to determine the significance of these impacts and the scope for mitigation. The following information is required:

 Bideford to Foreland Point MCZ – detail of proposed wetland to receive the discharge from the package treatment plant before it enters the stream.

Without this information, Natural England may need to object to the proposal.

Please re-consult Natural England once this information has been obtained.

Natural England’s advice on other issues is set out in Annex A.

Additional Information required

Bideford to Foreland Point Marine Conservation Zone (MCZ) – further information required The development site is adjacent to the Bideford to Foreland Point Marine Conservation Zone (MCZ) with a stream connecting the development site directly to the MCZ.

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All public authorities have a legal duty to further the conservation objectives for MCZs as far as is consistent with the proper exercise of their functions. MCZs are a material consideration in the determination of planning applications.

We therefore recommend that the council ensures it has sufficient information to fully understand the impact of the proposal on the MCZ before it determines the application and ensures that the proposal accords with the relevant policies in the Local Plan.

We note that the proposal includes treatment of wastewater via a Package Treatment Plant (PTP) which will discharge directly to the stream which flows through the intertidal habitat.

Any new discharge into the stream that crosses the MCZ has the potential to affect the site’s intertidal features if it significantly alters the nutrient load of the stream. Of particular concern would be areas of intertidal rock in direct contact with the stream where there is the potential for increased nutrient loads to result in changes to algal communities.

Although PTPs are considered an acceptable option for discharge direct to a water course there is evidence that they are not so efficient at stripping nutrients and so discharge to ground is preferred. We would therefore welcome an additional stage in the drainage treatment train to include an area for discharge to ground before the discharge reaches the stream (separation distance should be 30m). This would provide the opportunity for nutrients to be stripped out before reaching the MCZ.

The submitted documents for the current application do not appear to include any reference to the previous proposal (your ref 57966) to create a wetland (technical note eg14632) to receive the discharge from the package treatment plant before it enters the stream (Natural England’s comments dated 15th September 2015 ref: 163052 and 9th March 2016 re: 180597).

 To remove any concerns about any possible eutrophication of the foreshore as a result of the current application, our advice is that the wetland habitat should be a requirement of the revised scheme.

Natural England would look to the Environment Agency to appropriately condition any discharge consent to ensure the quality of the effluent from the development was of high enough quality to ensure that no eutrophication of the foreshore occurs.

Mitigation in line with the Environment Agency’s Pollution Prevention Guidelines should also be secured to minimise contamination/pollution of the surface water run-off during the demolition and construction phases.

Other advice

In addition, Natural England would advise on the following issues.

Protected Landscapes North Devon Area of Outstanding Natural Beauty (AONB) The proposed development is for a site within a nationally designated landscape namely North Devon AONB. It is also within the North Devon Heritage Coast and adjacent to the South West Coast Path National Trail.

Natural England recognises that this is an opportunity to remove a derelict building and eyesore. However, the location of the site within the AONB makes it very sensitive to change and great care needs to be taken to ensure that any redevelopment does not itself detract from the quality and character of its landscape and conflict with the statutory purpose of the AONB.

We would draw particular attention to the proposed extent of the new development and question whether the scheme as currently presented might be too dominant within this intimate narrow valley setting.

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We would recommend that, given the need to respect local character, the proposed use of modern materials and contemporary design should be considered carefully, including with regard to the AONB Management Plan and Local Plan policies dealing with ‘local vernacular’.

Natural England advises that the planning authority consults the North Devon AONB partnership, giving their advice careful consideration alongside national and local policies to determine the proposal.

The policy and statutory framework to guide your decision and the role of local advice are explained at Annex A.

Further general advice on consideration of protected species and other natural environment issues is provided at Annex A.

Should the developer wish to discuss the detail of measures to mitigate the effects described above with Natural England, we recommend that they seek advice through our Discretionary Advice Service.

If you have any queries relating to the advice in this letter please contact me on the details below.

Should the proposal change, please consult us again.

Yours sincerely

Clare Guthrie Lead Adviser – North Devon Team Tel: 0208 0267 393 Email: [email protected]

Page 3 of 6 Page 69 Agenda Item 6 Annex A - Additional advice

Natural England offers the following additional advice:

Protected Landscapes Your decision should be guided by paragraph 115 of the National Planning Policy Framework which gives the highest status of protection for the ‘landscape and scenic beauty’ of AONBs and National Parks. For major development proposals paragraph 116 sets out criteria to determine whether the development should exceptionally be permitted within the designated landscape.

Alongside national policy you should also apply landscape policies set out in your development plan, or appropriate saved policies.

The AONB Partnership’s knowledge of the location, its role within the AONB, its location on the South West Coast path National Trail and the relevance of the aims, objective and policies in the AONB Management Plan will be crucial to a fully informed determination of the scheme. This information can also help to inform any amendment to the proposals that may be required to make the scheme more acceptable.

Where available, a local Landscape Character Assessment can also be a helpful guide to the landscape’s sensitivity to this type of development and its capacity to accommodate the proposed development.

The statutory purpose of the AONB is to conserve and enhance the area’s natural beauty. You should assess the application carefully as to whether the proposed development would have a significant impact on or harm that statutory purpose. Relevant to this is the duty on public bodies to ‘have regard’ for that statutory purpose in carrying out their functions (S85 of the Countryside and Rights of Way Act, 2000). The Planning Practice Guidance confirms that this duty also applies to proposals outside the designated area but impacting on its natural beauty.

Protected Species Natural England has produced standing advice1 to help planning authorities understand the impact of particular developments on protected species. We advise you to refer to this advice. Natural England will only provide bespoke advice on protected species where they form part of a SSSI or in exceptional circumstances.

Local sites and priority habitats and species You should consider the impacts of the proposed development on any local wildlife or geodiversity sites, in line with paragraph 113 of the NPPF and any relevant development plan policy. There may also be opportunities to enhance local sites and improve their connectivity. Natural England does not hold locally specific information on local sites and recommends further information is obtained from appropriate bodies such as the local records centre, wildlife trust, geoconservation groups or recording societies.

Priority habitats and Species are of particular importance for nature conservation and included in the England Biodiversity List published under section 41 of the Natural Environment and Rural Communities Act 2006. Most priority habitats will be mapped either as Sites of Special Scientific Interest, on the Magic website or as Local Wildlife Sites. Lists of priority habitats and species can be found here2. Natural England does not routinely hold species data, such data should be collected when impacts on priority habitats or species are considered likely. Consideration should also be given to the potential environmental value of brownfield sites, often found in urban areas and former industrial land. Further information including links to the open mosaic habitats inventory can be found here.

1 https://www.gov.uk/protected-species-and-sites-how-to-review-planning-proposals 2http://webarchive.nationalarchives.gov.uk/20140711133551/http:/www.naturalengland.org.uk/ourwork/conser vation/biodiversity/protectandmanage/habsandspeciesimportance.aspx Page 4 of 6 Page 70 Agenda Item 6 Environmental enhancement Development provides opportunities to secure a net gain for nature and local communities, as outlined in paragraphs 9, 109 and 152 of the NPPF. We advise you to follow the mitigation hierarchy as set out in paragraph 118 of the NPPF and firstly consider what existing environmental features on and around the site can be retained or enhanced or what new features could be incorporated into the development proposal. Where onsite measures are not possible, you may wish to consider off site measures, including sites for biodiversity offsetting. Opportunities for enhancement might include:

 Providing a new footpath through the new development to link into existing rights of way.  Restoring a neglected hedgerow.  Creating a new pond as an attractive feature on the site.  Where sustainable drainage systems are proposed their amenity and wildlife value can be increased with careful design https://www.rspb.org.uk/Images/SuDS_report_final_tcm9- 338064.pdf  Planting trees characteristic to the local area to make a positive contribution to the local landscape.  Using native plants in landscaping schemes for better nectar and seed sources for bees and birds.  Incorporating nest sites for swallow, house martin, house sparrow, swift boxes or bat boxes into the design of new buildings.  Designing lighting to encourage wildlife.  Adding a green roof to new buildings.

You could also consider how the proposed development can contribute to the wider environment and help implement elements of any Landscape, Green Infrastructure or Biodiversity Strategy in place in your area. For example:

 Links to existing greenspace and/or opportunities to enhance and improve access.  Identifying opportunities for new greenspace and managing existing (and new) public spaces to be more wildlife friendly (e.g. by sowing wild flower strips)  Planting additional street trees.  Identifying any improvements to the existing public right of way network or using the opportunity of new development to extend the network to create missing links.  Restoring neglected environmental features (e.g. coppicing a prominent hedge that is in poor condition or clearing away an eyesore).

We welcome the proposal to deal with invasive species such as Japanese knotweed. Devon County Council have provided comprehensive advice for dealing with Japanese knotweed which can be found at http://www.devon.gov.uk/japanese_knotweed.htm

Access and Recreation Natural England encourages any proposal to incorporate measures to help improve people’s access to the natural environment. Measures such as reinstating existing footpaths together with the creation of new footpaths and bridleways should be considered. Links to other green networks and, where appropriate, urban fringe areas should also be explored to help promote the creation of wider green infrastructure. Relevant aspects of local authority green infrastructure strategies should be delivered where appropriate.

Rights of Way, Access land, Coastal access and National Trails Paragraph 75 of the NPPF highlights the important of public rights of way and access. Development should consider potential impacts on access land, common land, rights of way and coastal access routes in the vicinity of the development. Consideration should also be given to the potential impacts on the any nearby National Trails. The National Trails website www.nationaltrail.co.uk provides information including contact details for the National Trail Officer. Appropriate mitigation measures should be incorporated for any adverse impacts.

Page 5 of 6 Page 71 Agenda Item 6 Biodiversity duty Your authority has a duty to have regard to conserving biodiversity as part of your decision making. Conserving biodiversity can also include restoration or enhancement to a population or habitat. Further information is available here.

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LEE & LINCOMBE RESIDENTS ASSOCIATION

Chairman: Mr. Eric Couling Hon. Treasure: Mr. Paul Thom

Secretary: Mr. Paul Scarrott, Ivy Bank, Lee, EX34 8LN,

31st August 2017

Mr. R Pedlar Case Officer, Strategic Development and Planning, North Devon Council, Lynton House, Commercial Road Barnstaple, EX31 1DG

Subject: LEE BAY HOTEL amended planning application (63167)

Dear Mr Pedlar,

Lee and Lincombe Residents Association OBJECT to this planning application and its later amendments. The changes make no material difference to the reasons for our opposition, and are minimal and cosmetic in nature.

There are alternatives. The residents understand the need to develop the site and the association has presented its desired outcomes to the Chief Planning Officer. Our preferences are for low density housing of a village style design, a bijou hotel or seafront café/restaurant, and open public gardens. A consortium of villagers has been working with the Community Land Trust and a developer to secure their aim of “delivering a high quality and well managed development that will enhance the heritage and beauty of the Bay, at the same time providing low cost housing for locals”. In short, we have an option that would meet the needs of residents and visitors that could be provided at a scale and mass that doesn’t ruin the Bay.

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In detail, our case is:

1. This proposed development is in a Conservation Area. It fails to preserve or enhance the character and appearance of the Conservation Area contrary to statutory requirements Planning (Section 72 Listed Buildings and Conservation Areas) Act 1990. Because - a. The heritage asset of the hotel will be demolished. It will not be replaced by anything equally aesthetic or of merit. b. The buildings’ materials and architecture do not enhance or blend with the Grade ll listed Mill, Smugglers’ Cottage and the White House directly adjacent. c. 23 new residences and three car parks will not provide a pleasing reception to tourists or walkers arriving at their destination on the coastal path or when visiting the bay. 2. This proposed development, because of its scale, massing, height and design would be detrimental to the conservation and enhancement of the designated Area of Outstanding Natural Beauty in conflict with Policies DVS1, ENV3 and ENV5, and paragraphs 115 and 116 of the NPPF. Our reasons are: a. The implausibility of 23 new residences with this design enhancing a heritage coastal path. b. This is a major development within an area of outstanding natural beauty and would represent a 23% increase in housing within Lee and Lincombe, and a 100% increase within the conservation area. c. This AONB has the highest status of protection in relation to landscape and scenic beauty. d. There is no evidence that this development is in the public interest. e. There is no assessment of developing elsewhere outside the designated area, or meeting the perceived need for it in some other way. 3. This proposal does not represent sustainable development contrary to Policy DVS1A. Our reasons are: a. There are insufficient facilities and access for the community: much of the landscaped plot would be for the sole use of the owner occupiers; there is a small café placed at the rear of the public car park away from the seafront – this is derisory and completely insufficient; apart from a small terraced area and public toilets there are no other amenities for tourists, visitors, or village residents. b. There is no housing need assessment for 23 new homes at this location, or whether such homes will generate permanent residency. c. There is no provision for affordable housing – not even one. d. The design and location suggest their use would be as holiday lets or second homes; Lee and Lincombe only have permanent occupation of about 50% and this would decrease further. e. Once completed there is no evidence that there would be any significant benefit to the local economy. f. The infrastructure is insufficient to support 23 new homes: the roads are single track, there is insufficient paving, there is no village shop, and no school within reasonable distance. 4. The existence of the Hotel on the site is often given in mitigation. However, a hotel with open amenities, well designed, and aesthetically pleasing could be more sustainable and in keeping with heritage and visible assets.

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5. The Crime and Disorder implication is that the public toilets should have similar opening to the café, this would be a diminution of the current availability of this important facility. 6. The survey undertaken by the LLRA in 2016 of all residents clearly expressed a wish for a restaurant or significant café on the sea front. 7. There is no facility for back packers or similar making their way along the coastal path. 8. There is no clear plan for the long-term maintenance of the site. 9. Despite repeated requests by the LLRA, to date there has been no contact with the LLRA from either the land owner or the developer. 10. The Lee Conservation Area Character Appraisal lays out seven criteria for the development of the site that this application does not comply with: a. A robust sense of enclosure along the main road b. A varied roof scape, as these will be prominent from elevated viewpoints c. A high architectural standard which takes design cues from prevalent local styles where possible d. Reflect the varied and eclectic forms of building within the village avoiding standard urban designs with no distinctiveness e. Provide open space accessible by the public f. Enhance through landscape design the condition of the valley setting g. Maintain open elements to avoid harm to the significant contribution undeveloped spaces make to local character. 11. The representations from Historic England describing the harm this application would bring to the conservation area and questioning: a. Whether the viability of the site has been thoroughly tested by the council to secure not the most profitable one but the one most compatible with conservation b. The scale and massing of the existing hotel that is not a typical feature within the conservation area, and therefore the loss of which does not justify a replacement of similar size.

Yours sincerely,

Eric Couling

Chair LLRA

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Mr Robert Pedlar Direct Dial: 0117 975 0725 North Devon District Council Planning and Development Services Our ref: P00600355 Civic Centre, North Walk Barnstaple Devon EX31 1EA 17 July 2017

Dear Mr Pedlar

T&CP (Development Management Procedure) (England) Order 2015 & Planning (Listed Buildings & Conservation Areas) Regulations 1990

LEE BAY HOTEL LEE ILFRACOMBE DEVON EX34 8LR Application No. 63167

Thank you for your letter of 13 June 2017 regarding the above application for planning permission. On the basis of the information available to date, we offer the following advice to assist your authority in determining the application.

Summary Lee Bay is a unique conservation area stretching up the lush sheltered valley from the craggy inlet along the North Devon coast. The redevelopment of the hotel on the valley floor includes the demolition of the existing Arts and Crafts building and its replacement with three substantial blocks along the north- east edge of the plot with associated infrastructure and regeneration of the garden.

The Local Planning Authority (LPA) has a statutory requirement to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area (S72 Planning (Listed Building and Conservation Area) Act 1990 (P(LBCA)Act 1990)). Historic England considers that the proposal will continue to result in less than substantial harm to the conservation area. This is due to the loss of the hotel building, which is a positive contributor to the conservation area, as well as the intensification of development due to the massing of the replacement buildings. A number of steps have been identified within the letter that should be undertaken to minimise the harmful impact. However, this will not avoid the harm that the proposal will cause and does not justify that the scheme is acceptable.

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

Historic England is subject to the Freedom of Information Act. 2000 (FOIA) and Environmental Information Regulations 2004 (EIR). All information held by the organisation will be accessible in response to an information request, unless one of the exemptions in the FOIA or EIR applies. Page 76

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viability of the proposals and ensure that the quantum of development proposed is the minimum necessary to secure the regeneration of the site. This assessment needs to be considered along with any public benefits offered by the scheme and should demonstrably outweigh the harm identified to the heritage assets affected (Para 134, National Planning Policy Framework (NPPF)).

Historic England remains concerned due to the impact of the development on the special character and appearance of the Lee Conservation Area.

Historic England Advice Significance Lee village nestles within the sheltered lush green combe above the secluded bay of the same name. The striking rocky coastline of the cove provides a picturesque backdrop to the conservation area, contributing to an isolated and rugged character that strongly reflects the cove’s close association to the local maritime and smuggling traditions.

The village of Lee has a tightly developed core of incremental vernacular properties, whose positioning amongst the valley slopes within established gardens provides the settlement with an enclosed and sheltered domestic character.

Between the village core and the cove, the character changes to a much looser grain, predominantly consisting of moderate sized dwellings situated within substantial plots, intermixed with open farm land and bordered by the plantation of Winkle Wood, which provides a picturesque rural quality to the area.

The cove has a more intimate quality, with functional vernacular properties, anchored into the rugged landscape and clustered along the edge of the bay. The main exception to this is the Arts and Crafts Lee Bay Hotel, which is the subject of this application. Its prominent location, scale and massing, with the additional modern extension, means that the current building has a level of discord with the existing character and appearance of the Lee Conservation Area.

Although the existing building conflicts with aspects of the conservation area’s character, it is a key focal point within the valley, retaining aesthetic value within the original structure, through its use of architectural features and detailing, as well as the sensitive use of complimentary materials. The site holds an illustrative role with the changing social and economic dynamics of Lee Bay: from its origins as a functioning harbour and agricultural landscape, when the site had been the location of a simple farmhouse, through to its evolution into a small isolated tourist destination and the subsequent growth in popularity in the mid-20 th century, in which the hotel had an integral role. The hotel site is also likely to result in some communal value.

The surrounding curtilage to the hotel contributes significantly to the conservation

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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area, covering much of the valley around the bay and stretching back towards the village. It remains largely open, although unmaintained, with some further interventions through the car parking and tennis courts, now largely lost within the garden’s vegetation. The contribution of the site and its importance has been captured within the Design and Access Statement, which reads that the hotel site is “ arguably the most important area of landscaping within Lee as it occupies the majority of the valley floor within its grounds, whilst the former hotel building is one of the principle focal points in the valley .” This relatively open nature of the site contributes to the character and appearance of the conservation area.

Impact The former hotel site in Lee Bay has been the subject of several planning applications related to its regeneration. The current scheme is similar to the scheme in 2016, for a residential development, that was refused. This scheme continues to result in the loss of the existing hotel and increases the density of development on the site through the addition of two new blocks.

Historic England appreciates the need for regeneration on this site due to its importance within the Lee Conservation Area. However, we would stress that any scheme needs to consider within its proposals the important contribution the existing building and surrounding curtilages makes to the character and appearance of the conservation area.

We remain disappointed that the application looks to demolish the hotel. The main conflict appears to be the density of development aspired to by the applicant and the constraints that are imposed by the property, through the existing configuration of the rooms, damp along the retaining wall and the provision of light into the back of the building at lower ground floor level. We maintain that the building could be converted and adapted to reflect some of its former glory, although this would result in the reduction in the number of units within the existing structure. Consequently, the loss of the hotel would result in harm to the character and appearance of the conservation area.

Notwithstanding our strong reservations to the loss of the hotel, the revisions to the design has taken steps to address the concerns raised by the positioning and design of the new buildings, through the reduction to the overall height of the focal structure (the hotel replacement), the use of a more contextual material palette as well as the variations in designs to try and emphasis the appearance of independent structures located within the lush gardens. However, the pressure in terms of the increase in units needed on the site means that we maintain our concerns regarding the overall increase in the visual density of development along the north-east side of the plot.

The southern block works more successfully in terms of its contextual approach as it sits independently from the focus of development along the cove and nestles below

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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the road line due to the increase in topography along the road.

The relationship between the focal building and the central block is less comfortable due to the proximity and the scale of the central building. We appreciate that steps have been taken to open up the views further across the valley through the plot. However, due to the robust massing of the two buildings to satisfy the amount of development proposed and the modest distance separating them which is open due to the intervening cap-park, it continues to create intensification of development within the plot, which will result in harm to the character and appearance of the conservation area.

There are some steps that should be taken to minimise the impact of the proposals further. This includes the modulation of the roof scape of the central building, by lowering the main bulk of the roof while retaining the gable details above it to create a greater sense of hierarchy within the built form and a more subservient appearance.

The car parks positioned between the three buildings are utilitarian designed features, which create open and stark environments that further exacerbate the visual appreciation of the new block’s massing in views from the cove and on the approach along the road. We appreciate the need for car parking and that they provide important breaks and separation between the two buildings. However, these need to be integrated more successfully into the overall scheme, reinforcing the sense of independent structure within the garden setting rather than a suburban modern estate. We would stress the need for additional planting in and amongst the parking spaces, helping to break up the stark appearance of this area as well as creating a greater sense of depth to the garden and allowing them to further screen and break up the mass of the proposed buildings.

The scale and massing of the existing hotel structure is not a typical feature within the conservation area, therefore, the loss of the structure does not justify a replacement similar in size. Instead, any new proposals should reflect the more open context experienced within the rest of the transition between the village core and the cove, with modest dwellings set within large green gardens. Unfortunately the focal building remains a substantial structure reflecting the scale of the former hotel, minus the later extension. The LPA should be mindful of their statutory duties to preserve and enhance the character and appearance of the conservation area, which we would question whether the proposed scale of the new focal building achieves.

In terms of the approach sought with the design of the focal building, it has created a more unified appearance reflecting features within the existing location. The northwest elevation with its complicated configuration of projections, plains and balconies, could benefit from rationalisation. One of the easiest steps to take would be to turn the central projection into a chimney. This would help provide some solidity and rationality to the façade, reflecting the existing buildings within the area. At present, the

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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projection contains two small windows and we are not convinced that the windows are a necessity within the design.

The other point to raise is the treatment of the elevation along the road side of the focal building. This needs to be rationalised to give it the impression of being a single entity like the garden elevation, rather than the appearance of terraces. The number of materials and their use to provide vertical emphasis as well as the provision of independent porches and the regular bay rhythm across the building need further consideration.

Policy Historic England considers that the proposals will still result in harm to the character and appearance of the Lee Conservation Area through the loss of the hotel building and the increase in development of the new scheme.

The LPA has a statutory requirement to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area (s.72, 1990 Act).

Under Para 138, the loss of a building (or other element) which makes a positive contribution to the significance of a conservation area should be treated either as substantial harm or less than substantial harm under paragraphs 133 and 134 of the NPPF as appropriate. It needs to take into account the relative significance of the element affected and its contribution to the significance of the Conservation Area as a whole (para.138 NPPF). The hotel and the open quality of the site form a positive contribution in a prominent location within the Lee Conservation Area. In this instance, the harm has been identified as less than substantial, but that does not mean that this harm is acceptable.

Under the NPPF, Para 132, any heritage asset is irreplaceable, therefore any harm or loss to its significance should require clear and convincing justification . While under para 134, any harm needs to be outweighed by the public benefit of the scheme, including optimum viable use.

We have not been party to the viability aspects of the proposal but this forms the main justification for the current loss of the hotel as well as the overall quantum of development on the site. The viability of the scheme needs to be thoroughly examined by the local planning authority, to ensure that it secures the optimum viable use of the site. This does not mean the most profitable one but the one most compatible with the long term conservation of the asset and therefore, we would ask whether the quantum of development proposed is the minimum necessary to secure the regeneration of the site (Planning Practise Guidance). This needs to be considered along with any public benefits to consider whether this outweighs the harm caused to the significance of the heritage assets. If the assessment does not adequately demonstrate this, then the

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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council should refuse the application.

Position Historic England considers that although steps have been taken to address our concerns in terms of design, the scheme will result in harm to the character and appearance of the conservation area through the loss of the hotel and the intensification of development.

We would strongly advise that the points raised in our letter regarding changes to the scheme are implemented in order to mitigate some of the aspects of harm identified. It should be stressed that these steps will not avoid harm to the conservation area caused by the scheme and consequently, the council needs to consider that harm against Legislation and National Planning Policy. They should robustly consider the justification provided for the loss of the hotel, a positive contributor to the conservation area as well as the public benefits offered by the scheme, ensuring that they demonstrably outweigh the harm identified (Para 132 & 134).

Should the council approve the scheme, much of the success of a development on its site, will be down to the quality of material and detailing. We would stress the importance that any works here needs to be undertaken to the highest possible standard to ensure that the harm caused is not exacerbated. The details should therefore be conditioned accordingly, should you be minded to consider this approach.

Yours sincerely

Rhiannon Rhys Inspector of Historic Buildings and Areas E-mail: [email protected]

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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cc: Collette Hall, NDDC

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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Mr Robert Pedlar Direct Dial: 0117 975 0725 North Devon District Council Planning and Development Services Our ref: P00600355 Civic Centre, North Walk Barnstaple Devon EX31 1EA 20 September 2017

Dear Mr Pedlar

T&CP (Development Management Procedure) (England) Order 2015 & Planning (Listed Buildings & Conservation Areas) Regulations 1990

LEE BAY HOTEL LEE ILFRACOMBE DEVON EX34 8LR Application No. 63167

Thank you for your letter of 21 August 2017 regarding further information on the above application for planning permission. On the basis of this information, we offer the following advice to assist your authority in determining the application.

Historic England Advice The amendments to the proposals for the former hotel site at Lee Bay relate largely to the landscaping scheme. Historic England is pleased to see that further steps have been taken to integrate the car-parking into the wider landscape plan for the rest of the site, although this does not mitigate the impact caused by the comprehensive urbanisation proposed to the north-east side of the site.

Historic England is still resistant to the loss of the existing Arts and Crafts building due to its contribution to the development of the conservation area and aesthetic prominence within views from the beach.

Notwithstanding a decision over the loss of the existing building, we would note that no further consideration has been given to address the uncomfortable relationship between the principal buildings and the central block, which was raised in our previous letter.

We note that the previously refused scheme (2016) had been for 20 units rather than 23, which is currently proposed. One way to address the intensification of development due to the large units and the utilitarian car-parking and the resulting uncomfortable relationship between the principal building and central block, would be to reduce the number of units to that of the former scheme. If the number of units could be reduced, then the central block, which contains 4 units could be omitted from the scheme and

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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the additional unit, to make it up to 20, added to the larger block. This would provide the same amount of accommodation, securing what had been the optimum viable use for the site identified under a former scheme but allow for the much looser grain currently experienced within the conservation area. This will need to be considered under the planning balance, as it has been identified that the proposed scheme will result in less than substantial harm to the character and appearance of the idyllic Lee Conservation Area but an alternative scheme maybe able to provide the same public benefits while resulting in less harm to the historic environment.

We would again like to reiterate that in terms of justification, the scale and massing of the existing hotel structure is not a typical feature within the conservation area, therefore, the loss of the structure does not justify a replacement similar in size. There needs to be a contextual response with any new proposals reflecting the more open context experienced within the transitional element of the conservation area, between the village core and the cove, characterised by modest dwellings set within large green gardens. The current scheme does not achieve this loose grain with the intensification of development including units and parking that will be conspicuously urban in its design and character.

In terms of detail, further consideration needs to be given to the north-west elevation of the principal building, to help visual unify it with the rest of the proposed development and to address the north-western elevation, whose design approach conflicts with the concept of single entities set within large gardens.

The Local Planning Authority (LPA) has a statutory requirement to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area (S72 Planning (Listed Building and Conservation Area) Act 1990 (P(LBCA)Act 1990)). Historic England considers that the proposal will continue to result in less than substantial harm to the conservation area. This is due to the loss of the hotel building, which is a positive contributor to the conservation area, as well as the intensification of development due to the massing of the replacement buildings and the introduction of utilitarian features of the car parks.

The main justification for the loss of the building and the quantum of development is the viability of the scheme. The optimum viable use does not relate to the most profitable solution but the one most compatible with the long term conservation of the asset (Planning Practise Guide). As the previous scheme had only 20 houses compared to the 23 currently being propose, the LPA need to robustly assess the viability of the proposals and ensure that the quantum of development is the minimum necessary to secure the regeneration of the site. This assessment needs to be considered along with any public benefits offered by the scheme and should demonstrably outweigh the harm identified to the heritage assets affected (Para 134, National Planning Policy Framework (NPPF)).

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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Recommendation Historic England remains concerned due to the impact of the development on the special character and appearance of the Lee Conservation Area. This advice should be considered as an addition to the previous correspondence provided.

Yours sincerely

Rhiannon Rhys Inspector of Historic Buildings and Areas E-mail: [email protected]

cc: Collette Hall, NDDC

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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Mr Robert Pedlar Direct Dial: 0117 975 0725 North Devon District Council Planning and Development Services Our ref: P00600355 Civic Centre, North Walk Barnstaple Devon EX31 1EA 23 April 2018

Dear Mr Pedlar

T&CP (Development Management Procedure) (England) Order 2015 & Planning (Listed Buildings & Conservation Areas) Regulations 1990

LEE BAY HOTEL LEE ILFRACOMBE DEVON EX34 8LR Application No. 63167

Thank you for your letter of 7 March 2018 regarding further information on the above application for planning permission. On the basis of this information, we offer the following advice to assist your authority in determining the application.

Historic England Advice Historic England has identified Lee Bay as a unique conservation area stretching up the lush sheltered valley from the craggy inlet along the North Devon coast. The redevelopment of the hotel on the valley floor includes the demolition of the existing Arts and Crafts building, which contributes positively to the conservation area and its replacement with three substantial blocks along the north- east edge of the plot with associated infrastructure, car-parking and regeneration of the garden. There are concerns about the visual intensification of development within the location, which conflicts with the character and appearance of the conservation area.

The additional information has been submitted in response to Historic England’s letter dated July 2017. We raised concerns over the original submission documents and the justification for the works, this included the density of development aspired to by the applicant and the constraints of the property, through the existing configuration of the rooms as well as its condition.

Structural Report - Savills A preliminary structural survey has been produced, which sets out the condition of the building and estimates a potential cost for its refurbishment. The report identifies the walls as being in fair condition, while the roof structure appears to be sound, although with evidence of failures in the roof coverings. Although the site has been made secure, there has clearly been no maintenance carried out on the building since it

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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closure. Broken windows, failing gutters, slipped tiles and perishing lead has allowed water to ingress into the property and resulted in collapsed ceilings and some evidence of rot, its extent has not been clearly identified. Although not ideal, these issues are not insurmountable and the site would benefit from an improved maintenance regime. If not addressed, this will expedite the cost of their repair. As the principle structure, although not fully assessed, appears to be in a reasonable condition, we consider that the building could be reused to provide accommodation. This could act as an enhancement to ensure its continued contribution to the character and appearance of the conservation area.

Historic England has identified that as the building is not listed, there are no controls over what works can be undertaken to its interior and although some consideration would be required over its external appearance, this could be accommodated within the site. The internal flexibility allows greater scope for change to fit the applications aspirations for the site. For example, the internal layout could be altered considerably to make it more suitable for residential use. This would address the concerns previously raised regarding configuration. In our view it has not been demonstrated that the building cannot be adapted within the additional supporting information.

The cost of full repair and renovation put forward in the application is significant. However, it is not clear how this compares to the cost associated with the demolition and construction of the proposed new buildings within the locality.

For example, one of the major outgoings identified in the refurbishment costs is the demolition of the 1960s structure. A similar, if not greater, cost would also be expected for the demolition of the earlier part of the building and would add additional expense to the wholesale redevelopment of the site. In terms of the repairs, although the conservation area provides some constraints with regards materials and quality of design, this would apply to both proposals and therefore, we would query the potential difference in expense.

We maintain that the building could be converted and adapted to reflect some of its former glory. The structural report does identify some concerns but we are not convinced that the associated costs would defer substantially from that of the new builds. Consequently, we would question the justification present through the associated costs compared to the current proposals.

Viability - Alder King Historic England has always maintained that the hotel was unusual in terms of the character and appearance of the conservation area. It is acknowledged that the design has looked to better reflect the existing character of the conservation area. But we maintain our concerns regarding the visual density of development along the north- east side of the plot, through the buildings, hard-landscaping and car-parks. There are still concerns over the visual intensification from the resulting quantum of development

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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and its justification is based largely on viability.

A summary of the Alder King report has been provided. The full report has been submitted to the council on a confidential basis. It is the Local Planning Authorities responsibility as part of their assessment of the proposals to robustly interrogate the viability assessment provided by the developer. If this expertise is not available within the council, then we would strongly encourage you to engage external independent advice to assist in this assessment.

Through that robust analysis it will establish whether there is sufficient justification for the harm caused to the heritage asset and whether the quantum of development proposed is the minimum necessary to secure the regeneration of the site (Para 132, NPPF). It will also need to demonstrably outweigh the harm caused to the conservation area as identified under Para 134, NPPF, which includes securing the assets optimum viable use as well as associated public benefits. The council should be mindful that in the Planning Practise Guide, optimum viable use does not relate to the most profitable solution but the one most compatible with the long term conservation of the asset.

Position The Local Planning Authority (LPA) has a statutory requirement to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation area (S72 Planning (Listed Building and Conservation Area) Act 1990 (P(LBCA)Act 1990)). Historic England considers that the proposal will continue to result in less than substantial harm to the conservation area. This is due to the loss of the hotel building, which is a positive contributor to the conservation area, as well as the intensification of development due to the massing of the replacement buildings. A number of steps have been identified in our previous letter that should be undertaken to minimise the harmful impact. However, this will not avoid the harm that the proposal will cause and does not justify that the scheme is acceptable.

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

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aspect of the justification present for the works as well as presenting the optimum viable use for the site. Therefore, detailed and thorough assessment is required to be satisfied by the justification provided.

Recommendation Historic England has concerns regarding the application on heritage grounds.

Yours sincerely

Rhiannon Rhys Inspector of Historic Buildings and Areas E-mail: [email protected]

cc: Collette Hall, NDDC

29 QUEEN SQUARE BRISTOL BS1 4ND Telephone 0117 975 1308 HistoricEngland.org.uk

Agenda Item 6

Mel Southwell

From: Planning Subject: FW: 63167 (WK/201702094) - Demolition of Hotel, erection of 23 dwellings, cafe etc., LEE BAY HOTEL LEE Ilfracombe

From: Dave M Sent: 17 July 2017 10:09 To: Bob Pedlar Cc: Peter Sygrove; Planning Subject: 63167 (WK/201702094) - Demolition of Hotel, erection of 23 dwellings, cafe etc., LEE BAY HOTEL LEE Ilfracombe

Dear Bob,

I have reviewed this application in relation to Environmental Protection matters and comment as follows:

1 Land Contamination

Should permission be granted, I 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 (desktop) 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.

2 Foul Drainage Proposals

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 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 Management Plan (CMP) 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 CMP shall include:-

a) measures to regulate the routing of construction traffic; b) the times within which traffic can enter and leave the site; c) the importation and removal of spoil and soil on site; d) 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 and must include wheel-washing facilities g) control of fugitive dust from earthworks and construction activities; dust suppression h) a noise control plan which details hours of operation and proposed mitigation measures; i) details 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 Times 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 08.00 - 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

4 Asbestos

Page2 91 Agenda Item 6 Should permission be granted, I recommend the following condition be included:

- Asbestos survey condition

Prior to demolition of the existing buildings the structure shall be surveyed by a competent person for the presence of materials containing asbestos and a report, detailing the findings of this survey, shall be submitted to the Local Planning Authority for approval. Any such materials identified in the survey shall be removed and disposed of in accordance with current legislation and guidance prior to demolition works commencing.

Reason: To ensure that occupiers of the site and adjoining properties are protected from potentially harmful emissions to air from asbestos.

Regards, David

David Morgan ACIEH Environmental Health Consultant

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Page3 92 Agenda Item 6

Conclusion

Following our review of the Alder King financial viability assessment and our own assessment of the Acorn Blue application for a 23 unit scheme, we conclude that there is sufficient headroom within scheme to allow for all the requested S.106 contributions of approx. £188,491 for education and £85,477 for public open space contributions.

Should North Devon District Council conclude that Vacant Building Credit does not apply, it is our opinion that there is suffiecient headroom, on this current application of 23 units, for an additional off site contribution for housing. We have not estimated this figure as we have not been notified of this consideration and the consequential input for this calculation.

We have also commented on the possible reduction to provide 18 units. As mentioned this is based on an initial re-run of our appraisal using the Argus programme. We have made the assumption that all the abnormal costs are still applicable, and have been incorporated in our appraisal.

Furthermore we have adopted the sales values and thus the GDV suggested by the applicant in this instance. However PCC is of the opinion that there is the potential for higher values to be achieved, due to the prime location and proposed high specification that has been costed. Therefore there may be the basis for a reduction in units, or the imposition of an overage clause.

We trust the above report is satisfactory for your purposes, but should you require any further information or clarification, please do not hesitate to contact us.

Lionel Shelley Development Viability Lead Plymouth City Council West Hoe Road Plymouth PL1 3BJ

An independent review by Plymouth City Council for North Devon District Council / May 2018 Planning application no. 63167 Page 93 Agenda Item 6

United Kingdom | November 2018

Financial Viability Assessment

Lee Bay Hotel Prepared on behalf of: Acorn Blue

Page 94 Agenda Item 6

Lee Bay Hotel Contents

Executive Summary 3

1 Introduction 4

2 Background 6

3 Viability Approach & Benchmark Developers Profit 7 4 Development Value 10

5 Development Costs 11 6 Appraisals and Results 13 7 Appendices 14

Lee Bay Hotel

Executive Summary

This financial viability assessment (FVA) has been prepared by JLL on behalf of Acorn Blue in support of their planning application (ref: 63167) for the redevelopment of the Lee Bay Hotel. The purpose of this FVA is to determine whether the quantum of residential development proposed by the application is the minimum required to create a viable scheme. This follows a previous FVA undertaken by Alder King LLP in respect of the site and subsequent failure to agree the viability with Lionel Shelley of Plymouth City Council (on behalf of North Devon Council). JLL has been instructed to re-appraise the site and undertake a renewed negotiation with Lionel Shelley. A planning decision has been deferred awaiting the outcome of these negotiations. The viability assessment considers the total value of the completed scheme and the total cost of its delivery using recognised residual appraisal software – Argus Developer. In accordance with published viability guidance, the resulting developers profit is then compared with an appropriate benchmark profit to determine the viability of the proposed scheme. We have assessed both the 23 unit residential scheme as proposed and a hypothetical 18 unit scheme as tested by the previous viability reports. It is our opinion that the scheme as submitted provides the minimum number of units required to deliver a viable scheme.

Lee Bay Hotel

1 Introduction

1.1 JLL is instructed by Acorn Blue (the Applicant) to undertake a financial viability assessment (FVA) in support of a planning application for the redevelopment of the former Lee Bay Hotel (the Site). 1.2 The purpose of this independent FVA is to support the planning application to the local planning authority, North Devon Council (Ref: 63167) and to establish what represents the minimum amount of development required to make development viable. Please note that we are not under instructions to comment on the level of affordable housing; Vacant Building Credit applies and therefore affordable housing is not required. 1.3 This report has been prepared having regard to the National Planning Policy Framework (NPPF); National Planning Practice Guidance (NPPG) on Viability; the RICS Guidance Note ‘Financial Viability in Planning’ (RICS GN); and generally accepted principles of undertaking financial viability assessments. 1.4 In accordance with the RICS guidance (paragraph 4.5.4 RICS GN), I confirm that I have acted reasonably, transparently and fairly in undertaking this assessment. 1.5 Please note that this assessment is undertaken at a particular point in time (November 2018). Values and costs will change over time and it must be understood that our assessment is based on current estimated values and costs as at the date of this report and is not a projection of value. 1.6 This report and its contents have been prepared specifically to support the planning application in respect of the Site. No responsibility whatsoever is accepted to any third party and neither the whole of the report, nor any part, nor references thereto, may be published in any document, statement or circular, nor in any communication with third parties without our prior written approval of the form and context in which it may appear. 1.7 The advice contained herein does not constitute a formal valuation and cannot be used for purposes other than those mentioned, including loan security purposes. The advice contained in this report is exempt from the current RICS Valuation Professional Standards March 2014 – Global and UK Edition (the Red Book). I reserve the right to update, amend or vary our advice should the matter progress to a planning appeal hearing or inquiry. Background 1.8 The current planning application is a resubmission following the refusal of application ref: 59766 on 1st November 2016. 1.9 Since the refusal of the first scheme, Acorn Blue and North Devon Council have agreed that Vacant Building Credit (VBC) applies and there is no requirement for affordable housing as part of the current application. The reason for this is that the gross floor area of the current buildings (2,744 sq m) exceeds the proposed development (including the café and WC’s) at 2,744 sq m. 1.10 We have not included the car park, café or WC’s in this FVA as it is understood the land to provide these will be transferred for the nominal sum of one pound to the National Trust upon grant of planning permission.

Lee Bay Hotel

1.11 Alder King, on behalf of Acorn Blue, first submitted a FVA in respect of the current planning application on 6th February 2018. That report concluded that the scheme as proposed was viable and could afford to make the required Section 106 contributions. It further concluded that a hypothetical smaller scheme was not viable as it could not support the required S106 contributions, nor would it result in a land value at a level to incentivise a willing seller to sell the site. 1.12 The Alder King (AK) FVA was reviewed by Lionel Shelley (LS) of Plymouth City Council (on behalf of North Devon Council) in May 2018. LS disagreed with many of the AK report inputs and concluded that ‘there may be the basis for a reduction in units’. 1.13 Subsequent meetings were held between AK, LS the Council and Acorn Blue. Despite attempts to negotiate a resolution could not be found. The application was recommended for refusal by North Devon Council although this decision has been deferred pending the outcome of this FVA. Specifically, ‘members were aware of the difference of opinion on whether 18 or 23 units was the minimum quantum necessary for this development and want the applicant to re-consider the number proposed with a view to reducing it back down towards the 18 our adviser believes is viable’.(e-mail correspondence from Case Officer, 12th October 2018). 1.14 JLL has been instructed by Acorn Blue to review the FVA in the context of the above request from Members. Information Sources 1.15 I have been provided with, and relied upon, information provided by the Applicant and its consultants including the following:

Information Source Dated Accommodation schedule Acorn Blue October 2018 Financial Viability Alder King 6th February 2018 Assessment Viability Review Plymouth City Council May 2018

Lee Bay Hotel

2 Background

Location and Description

2.1 The property is located in the village of Lee, adjacent to Lee Bay and occupies a site of 1.79 ha (gross). The site’s postcode is EX34 8LR. The Lee Bay Hotel closed some time ago and the building is now in a very poor state. 2.2 The site area includes the derelict hotel but also an area of car parking that the applicant intends to transfer to the National Trust. 2.3 Acorn Blue has submitted a planning application (resubmission) (Ref: 63167) for residential redevelopment of the hotel site comprising; demolition of the existing hotel, erection of 23 no. residential units, new public open space, extension to the existing public car park, erection of a new café and WC block and associated landscaping, drainage and highway works. 2.4 A planning decision was deferred for up to 3 months at a planning committee on 14th November 2018. Description of proposed scheme

2.4 Acorn Blue proposes a 23 no. unit scheme split between three small blocks. 2.5 An accommodation schedule for the proposed development is provided below:

Building No. Units GIA (sq m)* GIA (sq ft ) NIA (sq m) NIA (sq ft) North West 13 1,532 16,491 1,229 13,229 Apartments Middle Building 5 567 6,103 539 5,802 Upper Building 5 567 6,103 540 5,813 Total 23 2,666 28,697 2,308 24,843

2.6 A full accommodation schedule is appended to this report.

Lee Bay Hotel

3 Viability Approach & Benchmark Developers Profit

Viability Approach

3.1 This section highlights the key planning guidance that is relevant to the application and this FVA.

2018 NPPF Consultation

3.2 On 5 March 2018 the Government published a draft version of the National Planning Policy Framework (NPPF) for consultation. This is the first major update of the Framework since it was published in March 2012. As part of this consultation they have provided a separate piece of guidance on viability ‘Draft Planning Practice Guidance for Viability’. This attempts to add clarity to the viability assessment process by defining the criteria for certain inputs. We believe this report follows the new guidance. 3.3 The new NPPF was published on 24th July 2018 and the Viability guidance has been updated as part of this review. 3.4 The most important revision is in respect of land value. The new guidance seeks to bring clarity to the way that a Benchmark Land Value (BLV) is set. BLV should be established on the basis of existing use value plus a premium that incentivises the land owner to release the land for development (EUV+). The premium should reflect the minimum return that it is considered a reasonable land owner will release their land for development. 3.5 In addition, The Department for Communities and Local Government issued an updated National Planning Practice Guidance (NPPG) planning guidance on ‘Viability’ in July 2018. In the Viability and Decision Taking section the guidance states the following; “Viability assessment is a process of assessing whether a site is financially viable, by looking at whether the value generated by a development is more than the cost of developing it. This includes looking at the key elements of gross development value, costs, land value, landowner premium, and developer return.” 3.6 Below we detail our approach in accordance with both the 2018 NPPF and 2018 NPPG.

RICS Guidance Note: Financial Viability in Planning

3.7 The RICS GN was published in August 2012. The purpose of the guidance note is to enable all participants in the planning process to have a more objective and transparent basis for understanding and evaluating financial viability in a planning context. It provides practitioners with advice in undertaking and assessing viability appraisals for planning purposes. 3.8 The RICS GN provides all those involved in financial viability in planning and related matters with an objective methodology framework and set of principles that can be applied for both plan making and development management. 3.9 Financial viability for planning purposes is defined as follows:

Lee Bay Hotel

“An objective financial viability test of the ability of a development project to meet its costs including the cost of planning obligations, whilst ensuring an appropriate site value for the landowner and a market risk adjusted return to the developer in delivering that project.” 3.10 The RICS GN also addresses the term “competitive return” as set out in the NPPF as follows: “A ‘Competitive Return’ in the context of land and/or premises equates to the Site Value as defined by this guidance, i.e. the Market Value subject to the following assumption: that the value has regard to development plan policies and all other material planning considerations and disregards that which is contrary to the development plan. A ‘Competitive Return’ in the context of a developer bringing forward development should be in accordance with a ‘market risk adjusted return’ to the developer, as defined in this guidance, in viably delivering a project.” 3.11 In assessing the viability of the Scheme, we have adopted a residual valuation model in accordance with the RICS GN. This approach uses various inputs to establish the gross development value (GDV) of the proposed scheme from which the development costs are deducted to arrive at either a residual Site Value or developer’s return (profit). 3.12 In this FVA we have adopted site value as an input to development costs, leaving a residual developer’s profit as the output from which to benchmark viability. This approach is summarised below: Gross Development Value less Development Costs (Including Site Value) less Planning Obligations equals Residual Developer’s Profit 3.13 When a developer’s return is adopted as the benchmark variable, a scheme should be considered viable, as long as the cost implications of planning obligations are not set at a level at which the developer’s return (after allowing for all development costs including Site Value) falls below that which is acceptable in the market for the risk in undertaking the development scheme. If the cost implications of the obligations erode a developer’s return below an acceptable market level for the scheme being assessed, the extent of those obligations will be deemed to make a development unviable as the developer would not proceed on that basis. (RICS GN Para 3.3.1) 3.14 In this case, we need to determine whether the scheme as applied for generates a developer’s profit in line with market and funder requirements. Benchmark Developer’s Profit

3.15 The NPPG defines the developers return as follows: “For the purpose of plan making an assumption of 15-20% of gross development value (GDV) may be considered a suitable return to developers in order to establish the viability of plan policies. Plan makers may choose to

Lee Bay Hotel

apply alternative figures where there is evidence to support this according to the type, scale and risk profile of planned development. A lower figure may be more appropriate in consideration of delivery of affordable housing in circumstances where this guarantees an end sale at a known value and reduces risk.” 3.16 In arriving at a benchmark return I have considered the risk profile of the scheme. The property is previously developed land that comprises a dilapidated hotel in need of demolition. There will be unknowns in respect of ground conditions that cannot be fully explored until demolition has occurred. 3.17 The site sits in what is an undeniably fantastic location. This does however bring with it complexities of construction such as lorry movements along small roads. 3.18 It is well known in the development and construction market that there is a general labour shortage; this is most heightened in rural and remote locations away from major population centres. We are in regular contact with developers, some of whom will not build in North Devon given the difficulties they face in attracting labour to their sites. There also remains uncertainty surrounding the longer term impacts of Brexit and the continued construction cost inflation experienced and forecast due to labour, skills and material shortages. 3.19 Recent changes to the stamp duty payable on second homes and amends to the tax relief available for buy- to-let landlords has had a detrimental impact on the market for luxury homes in the south west. Whilst Lee Bay will appeal to second home owners and relocaters, we attach caution to this market as they are either: ■ Reluctant to commit to an expensive second home and pay an additional 3% of stamp duty on what is already a high fee ■ Needing to dispose of their current home to purchase a new home to relocate to. The second hand market is weak at present, particularly for larger homes 3.20 Lee Bay is also reasonably remote with no local services and this will also, in our opinion, add sales risk to the project. 3.21 The NPPG guides a profit level between 15 and 20%. We have recently agreed a viability for a green field site in Bideford using a blended profit margin of 20% on GDV for the open market units and 6% on the affordable units. The subject site is far more risky than a green field house builder site and should arguably attract a higher profit margin than 20%. 3.22 For the reasons stated above it is my opinion that an appropriate benchmark developer’s return for this scheme is a profit of 20% of GDV.

Lee Bay Hotel

4 Development Value

4.1 The Gross Development Value (GDV) of the scheme has previously been debated between AK and LS. They agreed at a GDV for all units of £9,995,000. 4.2 The scheme has been amended since the first viability report was submitted and is now slightly smaller; losing a house that has been replaced by an apartment. 4.3 Acorn Blue has liaised with local agents and have used their significant experience of selling high quality coastal developments in reaching their predicted sales prices. 4.4 Given the lack of comparable evidence in the immediate vicinity we are of the opinion that the agreed GDV remains valid. 4.5 Please note that the scheme has reduced in size and therefore we have uplifted sales values on a £ per square foot basis in order to maintain the total GDV. 4.6 LS has included a value of £102,000 as a ground rent investment income in addition to sales GDV. The Government announced a consultation to reform the residential leasehold system on 21st December 2017. The likely outcome of this consultation will be legislation that will remove the ability to obtain ground rents on any new development. As a result many valuers and lenders will no longer make any allowance for ground rents when calculating a value of a scheme. We therefore believe it incorrect to attribute any ground rent income or investment value to the proposed scheme.

Lee Bay Hotel

5 Development Costs

Site Value

5.1 Site value is defined in the RICS GN as follows (para 2.8):- “Site Value should equate to the Market Value subject to the following assumption; that the value has regard to the development plan policies and all other material considerations and disregards that which is contrary to the development plan” 5.2 The RICS GN goes on to say practitioners should have regard to current and alternative use value, market/transactional evidence, and all material considerations including planning policy in deriving the Site Value. Site Value must be, by definition, at a level at which a landowner would be willing to sell at a competitive return, as recognised by the NPPF. 5.3 A bench mark land value of £375,000. was used for the land value in the previous viability assessments from both Alder King and Lionel Shelley. 5.4 We have discussed the property with JLL’s Leisure and Hotels team based in Exeter. They are of the opinion that if they were instructed to dispose of the property today in its current condition they would achieve a sales price in excess of the Benchmark Land Value. 5.5 Given that the figure of £375,000 has previously been agreed we have continued to use this as the benchmark site value for the purposes of this report. Acquisition Costs 5.6 We have made an allowance for acquisition costs in accordance with HMRC rates with 1.5% for agent fees and £10,000 for legal fees. Construction Costs 5.7 The Alder King report submitted in February 2018 relied on a summary quantity surveyor costing for the scheme that covered both build and abnormal costs. 5.8 The review of that report undertaken by LS used BCIS costings as a benchmark. LS accepted as the proposed scheme was to be of a high quality build and design that the upper quartile range of costs should be attributed to this project. 5.9 We are in agreement with LS that the BCIS upper quartile range, re-based to North Devon, is appropriate to use in this appraisal. This approach is in line with the revised NPPG on viability released in the summer of 2018. 5.10 The BCIS cost figures are broken down in the table below:

Item Cost range Rate per sq m (Sq ft) Estate Housing – Terraced Upper quartile £1,344 (£124.85) Flats (apartments) Upper quartile £1,650 (£153.28)

5.11 A print out of BCIS costings more generally is attached to this report.

Lee Bay Hotel

5.12 The above costs include prelims, but do not include Contractor’s overheads and profit. Acorn Blue do not directly build their developments in Devon and therefore rely on main contractors in areas distant from their Cornwall base. A figure of £327,064 was used and agreed in previous reports. We have applied the same figure in our assessment. 5.13 Acorn Blue has provided a demolition figure of £155,000. Again, this was reviewed and accepted previously and therefore we have adopted it in this report 5.14 BCIS information does not include external build such as gardens, car parking, roads, services and abnormal build costs. The previous QS estimate provides a cost of £953,250 for these elements. We have used this figure in our assessment. 5.15 We have allowed a contingency of 5% on build and externals. This is a standard input for a challenging brownfield site. Professional Fees 5.16 We would normally expect to see a range of 8 – 12% on cost for professional fees, with 12% being for the restoration of listed buildings. Given the challenges of this site, including constrained access and demolition we have attributed a figure of 10% across build and external costs. Planning Obligations 5.17 We have included Section 106 contributions as per the previous reports, being £184,491 for education and £85,477 for public open space. 5.18 CIL is not adopted in North Devon. Marketing, legal and disposal fees 5.19 We have allowed for marketing, legal (conveyancing) and disposal (agency) costs of 3.5% of the open market GDV in this assessment to cover show homes, sales office, advertising, agent fees and brochures. In our opinion, this level of marketing will be required if the Applicant is to achieve its target sales prices. Finance Costs 5.20 The interest rate applied in the appraisal represents a total cost of capital in financing the scheme. This reflects both debt and equity financing. The RICS GN suggests that in assessing such matters as the rate of finance, that this should not be specific to the developer in question but be the benchmark rate that any developer capable of undertaking the scheme would be able to access finance at. JLL regularly undertake loan security valuations on behalf of lenders for development sites of this size and scale and in our experience a rate of 6% plus £75,000 for arrangement, monitoring and exit fees which appropriately reflects current market practice. Development Programme 5.21 The previous FVA and subsequent analysis allowed a 24 month build and sales programme. We believe that this assumption is far too optimistic and does not reflect reality. We have liaised with Acorn Blue and have used our own development knowledge to arrive at the following programme: ■ pre-commencement and site clearance – 5 months ■ construction period – 24 months ■ sales period – 14 months (commencing 18 months into the construction process)

Lee Bay Hotel

6 Appraisals and Conclusion

6.1 We have run our viability assessment appraisals in ARGUS Developer, which is an established real estate software program used by the property industry to model development projects. 6.2 We have undertaken an appraisal of the scheme as proposed by the Acorn Blue planning application. We have used a fixed land value of £375,000 and have a target profit margin of 20% of gross development value. 6.3 In line with the previous FVA we have also appraised a hypothetical scheme of 18 units (removing the upper building). We have maintained all inputs as per the larger scheme however we have reduced S106 contributions to reflect the lower amount of units. External and abnormal costs remain the same as the 23 unit scheme. 6.4 The results of the two appraisals are shown in the table below:

No. of units GDV Land Profit on GDV 23 £9,995,000 £375,000 20.01% 18 £7,656,552 £375,000 11.98%

6.5 The appraisals clearly demonstrate achieving a level of profit required to make the scheme viable and developable can only be realised by the 23 unit scheme as detailed in Acorn Blue’s planning application. 6.6 The hypothetical 18 unit scheme is not viable as it does not generate a developer’s profit that is fundable or that represents the risk of developing a bespoke high quality scheme in a remote location in North Devon.

Lee Bay Hotel

7 Appendices

Development Appraisal LaSalle 15 November 2018 APPRAISAL SUMMARY LASALLE Lee Bay viability review 18 unit scheme

Summary Appraisal for Phase 1

Currency in £

REVENUE Sales Valuation Units ft² Sales Rate ft² Unit Price Gross Sales Apartments & Maisonettes 17 17,234 402.32 407,858 6,933,583 House 1 1,797 402.32 722,969 722,969 Totals 18 19,031 7,656,552

NET REALISATION 7,656,552

OUTLAY Page 109 Page ACQUISITION COSTS Fixed Price 375,000 375,000 Legal Fee 10,000 10,000 CONSTRUCTION COSTS Construction ft² Build Rate ft² Cost Apartments & Maisonettes 20,796 153.28 3,187,611 House 1,797 124.85 224,355 Totals 22,593 3,411,966 3,411,966 Agenda Item 6 Contingency 5.00% 170,598 Demolition 155,000 S106 Education 135,713 S106 P.O.S 61,543 522,854 Other Construction Externals 953,250 Contractor OH&P 327,064

Project: \\eu.jllnet.com\ukhome$\FieldOffice\AtoK\James.Petherick\ARGUS Developer\Lee Bay\Lee Bay 18 unit scheme.wcfx ARGUS Developer Version: 8.00.000 Date: 15/11/2018 APPRAISAL SUMMARY LASALLE Lee Bay viability review 18 unit scheme 1,280,314

PROFESSIONAL FEES Professional fees 10.00% 436,522 436,522 DISPOSAL FEES Sales agent, marketing, conveyancing 3.50% 267,979 267,979

Additional Costs Arrangement Fee 75,000 75,000 FINANCE Debit Rate 6.000%, Credit Rate 0.000% (Nominal)

Page 110 Page Land 53,037 Construction 265,635 Other 41,007 Total Finance Cost 359,678

TOTAL COSTS 6,739,314

PROFIT 917,238

Performance Measures

Profit on Cost% 13.61% Agenda Item 6 Profit on GDV% 11.98% Profit on NDV% 11.98%

IRR 18.46%

Profit Erosion (finance rate 6.000) 2 yrs 2 mths

Project: \\eu.jllnet.com\ukhome$\FieldOffice\AtoK\James.Petherick\ARGUS Developer\Lee Bay\Lee Bay 18 unit scheme.wcfx ARGUS Developer Version: 8.00.000 Date: 15/11/2018 Lee Bay viability review 23 unit scheme Page 111 Page Agenda Item 6

Development Appraisal LaSalle 15 November 2018 APPRAISAL SUMMARY LASALLE Lee Bay viability review 23 unit scheme

Summary Appraisal for Phase 1

Currency in £

REVENUE Sales Valuation Units ft² Sales Rate ft² Unit Price Gross Sales Apartments & Maisonettes 21 21,743 402.32 416,554 8,747,644 Houses 2 3,100 402.32 623,596 1,247,192 Totals 23 24,843 9,994,836

NET REALISATION 9,994,836

OUTLAY Page 112 Page ACQUISITION COSTS Fixed Price 375,000 375,000 Stamp Duty 11,250 Agent Fee 1.50% 5,625 Legal Fee 10,000 26,875 CONSTRUCTION COSTS Construction ft² Build Rate ft² Cost Apartments & Maisonettes 25,597 153.28 3,923,508

Houses 3,100 124.85 387,035 Agenda Item 6 Totals 28,697 4,310,543 4,310,543

Contingency 5.00% 215,527 Demolition 155,000 S106 Education 188,491 S106 P.O.S 85,477 644,495 Other Construction

Project: \\eu.jllnet.com\ukhome$\FieldOffice\AtoK\James.Petherick\ARGUS Developer\Lee Bay\LEe Bay 23 unit scheme.wcfx ARGUS Developer Version: 8.00.000 Date: 15/11/2018 APPRAISAL SUMMARY LASALLE Lee Bay viability review 23 unit scheme Externals 953,250 Contractor OH&P 327,064 1,280,314

PROFESSIONAL FEES Professional fees 10.00% 526,379 526,379 DISPOSAL FEES Sales agent, marketing, conveyancing 3.50% 349,819 349,819

Additional Costs Arrangement Fee 75,000 75,000

Page 113 Page FINANCE Debit Rate 6.000%, Credit Rate 0.000% (Nominal) Land 55,361 Construction 297,519 Other 53,900 Total Finance Cost 406,780

TOTAL COSTS 7,995,206

PROFIT 1,999,630 Agenda Item 6 Performance Measures Profit on Cost% 25.01% Profit on GDV% 20.01% Profit on NDV% 20.01%

IRR 28.04%

Profit Erosion (finance rate 6.000) 3 yrs 9 mths

Project: \\eu.jllnet.com\ukhome$\FieldOffice\AtoK\James.Petherick\ARGUS Developer\Lee Bay\LEe Bay 23 unit scheme.wcfx ARGUS Developer Version: 8.00.000 Date: 15/11/2018 Agenda Item 6

£/m2 study

Description: Rate per m2 gross internal floor area for the building Cost including prelims. Last updated: 01Sep2018 02:05 Rebased to North Devon ( 101; sample 20 )

Maximum age of results: Default period

Building function £/m² gross internal floor area Sample (Maximum age of projects) Mean Lowest Lower quartiles Median Upper quartiles Highest

New build

810.1 Estate housing Generally (15) 1,237 596 1,056 1,200 1,363 4,236 1772 Single storey (15) 1,389 702 1,186 1,328 1,567 4,236 290 2storey (15) 1,202 596 1,045 1,176 1,315 2,389 1345 3storey (15) 1,228 774 987 1,185 1,387 2,539 133 4storey or above (15) 2,419 1,293 2,225 3,932 4

810.11 Estate housing 1,580 947 1,206 1,398 1,616 4,236 20 detached (15)

810.12 Estate housing semi detached Generally (15) 1,228 614 1,058 1,194 1,348 2,277 421

Single storey (15) 1,400 867 1,194 1,353 1,573 2,277 76 2storey (15) 1,194 614 1,051 1,174 1,311 2,116 325

3storey (15) 1,121 832 936 1,059 1,215 1,819 20 810.13 Estate housing terraced Generally (15) 1,264 784 1,056 1,214 1,393 3,932 372

Single storey (15) 1,393 936 1,160 1,297 1,610 2,040 44 2storey (15) 1,237 784 1,053 1,201 1,382 2,389 270 3storey (15) 1,247 788 984 1,157 1,344 2,539 57

4storey or above (5) 3,932 1 816. Flats (apartments) Generally (15) 1,465 711 1,220 1,398 1,660 4,981 957

12 storey (15) 1,394 865 1,182 1,340 1,543 2,621 231 35 storey (15) 1,447 711 1,218 1,387 1,650 2,861 640 6+ storey (15) 1,809 1,028 1,453 1,719 1,928 4,981 83

Page 114 13Nov2018 15:48 © RICS 2018 Page 1 of 1 Agenda Item 6

JLL JLL 31 Great George Street 31 Great George Street Bristol BS1 5QD Bristol BS1 5QD +44 (0)117 927 6691 +44 (0)117 927 6691 James Petherick Nic Rumble Director Director +44 (0)117 930 5690 +44 (0)117 930 5643 [email protected] [email protected]

A b o ut JL L R es ea rc h JL L’ s re se About JLL ar ch te a m d eli ve rs in te lli ge nc e, a n al ys is a n d in si g JLL (NYSE: JLL) is a leading professional services firm that specializes in real estate and investment management. A Fortune 500ht th ro u g h m ar ke t- le a di n g re p company, JLL helps real estate owners, occupiers and investors achieve their business ambitions. In 2016, JLL had revenue of or ts a n d se rvi ce s th at ill u m in at e $6.8 billion and fee revenue of $5.8 billion and, on behalf of clients, managed 4.4 billion square feet, or 409 million square meters, to d ay ’s co m m er ci al re al es ta te dy n and completed sales acquisitions and finance transactions of approximately $136 billion. At year-end 2016, JLL had nearly 300 a m ic s a n d id e nt ify to m or ro w’ s corporate off ices, operations in over 80 countries and a global workforce of more than 77,000. As of December 31, 2016, LaSallech all e n ge s a n d o p p or tu ni ti es Investment Management has $60.1 billion of real estate under asset management. JLL is the brand name, and a registered. O ur m or e th a n 40 0 gl o b al re se trademark, of Jones Lang LaSalle Incorporated. ar ch pr of es si o n al s tr ac k a n d a n al ys e ec o n o m ic a n d pr o p er ty tr e n ds a n d fo re ca st fu tu re co n di ti o ns in ov er 60 co u nt ri es , pr o d uc in g u nr iv all e d lo ca l a n d gl o b al p er sp ec tiv es . O ur re se ar ch a n d ex p er tis e, fu ell e d by re al - ti m e in fo r m at io n a n d in n ov at iv e th in ki n g ar o u n d th e w or ld, cr ea te s a co m p et iti ve a dv a nt ag e fo r o ur cli e nt s a n d dr iv es su cc es sf ul st ra te gi es a n d o pt i m al re al es ta te d ec isi o ns .

https://internetadmin.jll.com/united-kingdom/en-gb Jones Lang LaSalle ©2018 Jones Lang LaSalle IP, Inc. All rights reserved. All information contained herein is from sources deemed reliable; however, no representation or warranty is made to the accuracy thereof.

Page 115 Agenda Item 6

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Page 117 Agenda Item 6

Lee & Lincombe Housing Needs Report

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Sheena Hare

From: Planning Subject: FW: 1456 | LPA Ref: 63167 Lee Bay Hotel, Ilfracombe | Update

Importance: High

From: Chris Beaver [mailto:[email protected]] Sent: 29 January 2019 16:54 To: Bob Pedlar Cc: Duncan Powell ([email protected]); Dan Lugsden; 'James Petherick'; Stuart Brereton; David Stein MRICS Subject: 1456 | LPA Ref: 63167 Lee Bay Hotel, Ilfracombe | Update Importance: High

FAO: Bob Pedlar, Lead Planning Officer, North Devon Council Dear Bob

I refer to your email dated 21 st January 2019, and the decision of the Council’s North Area Committee to defer consideration of the application 3 months at it November 2018 meeting.

Subsequent to that meeting, the applicant has commissioned a new viability assessor, James Petherick of JLL’s Bristol office to review the viability work undertaken to date and reappraise the scheme. As you are aware, JLL engaged with the Council’s viability assessor Lionel Shelley of PCC. The result of this engagement, earlier this month, was a difference of opinion in respect of the scheme costs. To address this matter the applicant has sought a detailed construction quote from a local well-reputed contractor, Classic, and a detailed full costing appraisal from a nationally renowned Quantity Surveyor, Taylor Lewis.

The cost appraisal process has required extensive input from both parties, hence the time taken for us to report back to you. I can confirm that the cost information will be submitted under separate cover to you and Lionel Shelley later this week, which will confirm a divergence of less than 2% of the applicant’s own cost plan.

In summary, the conclusion of the updated viability process is that the 18 No. dwelling scheme, as suggested by Lionel Shelley, is unviable and that finance could not be raised to implement such a proposal. However, we can confirm that the current 23 No. dwelling scheme is viable, as evidenced by JLL, Classic, and Taylor Lewis.

Notwithstanding the above, and noting the Planning Committee’s clear preference to secure an amendment to the scheme that would further reduce the quantum of the development, the applicant has examined alternative options relating to the design and mass of the proposed ‘Upper’ and ‘Middle’ buildings. I can advise that it is the applicant’s intention to submit further and final revised plans ‘compromise’ proposal for 21 No. dwellings which will reduce the ‘Upper’ and ‘Middle’ buildings by one storey whilst retaining the absolute minimum quantum of proposed development to enable a viable scheme. This will further reduce the overall mass of the proposed development to significantly less than the existing buildings. The associated reduction in the parking requirement will also create an opportunity for an enhanced landscaping setting to the development.

The design team have been instructed to prepare the revised plans and we are targeting a formal revised plans submission no later than 12 th February 2019, which will also address a number of the other matters that you have raised including additional applicable development plan policies arising from the adoption of the North Devon Local Plan.

We would therefore suggest that you seek authority from the Chair of the Planning Committee to defer consideration of application to the 13 th March 2019 meeting to allow for a final round of consultation, and for Lionel Shelley to assess the updated viability evidence.

Page1 131 Agenda Item 6

I have also set out below initial comments in response to the specific matters that you have raised in your email of 21 st January 2019:

1. Abandonment : I recall that the Council sought its own legal advice on the matter of abandonment in 2016 prior to the consideration of planning application 59766. There has been no material change in circumstance at the application site since the provision of this advice in 2016. The building’s superstructure remains substantially intact. It is our view that the building could be brought back into use through the reinstatement of services, repairs and refurbishment – if it were viable to do so.

2. Section 106 : we will include an updated s.106 HOTs with the revised plans submission that will confirm agreement to pay the required commuted sum payments in respect of education and POS.

3. Affordable Housing provision : the application of Vacant Building Credit negates any requirement to provide affordable housing. Furthermore, the Viability Apprais al will confirm that neither the current 23 No. scheme, or proposed revised 21 No. unit scheme, would generate sufficient revenue to enable the provision of affordable housing.

4. Build for Life Assessment : the project architects, Nash Partnership, will include a preliminary Build for Life Assessment with the revised plans submission. If necessary, this could be verified by an external assessment.

I would be grateful if you could confirm as soon as possible that the committee determination can be deferred for a further month and that we can proceed with a final revised plans package, as outlined above. However, if you consider that a deferral of one month would not allow for sufficient time to review the r evised scheme the applicant would be willing for the application to be reported to the April 2019 meeting.

I look forward to hearing from you.

Regards

Chris

Chris Beaver Director

PlanningSphere Limited Coworking Bath, The Guild, High Street, Bath BA1 5EB T +44 1225 300056 M +44 7827 944638 E [email protected] www.PlanningSphere.co.uk

Registered in England at the above address. Registration number 8817487

Page2 132 Agenda Item 6

Summary

The NPPF /PPG states that an applicant must demonstrate why a proposed development is not able to comply with the policies adopted in the current Local Plan, and the LPA as the decision maker, consider how much weight to attach to such an application.

Lionel Shelley Development Viability Lead Plymouth City Council

Page 133 This page is intentionally left blank Agenda Item 7

App. No.: 65724 Reg. : 17/10/2018 Applicant: W S GAYTON & SONS L. Bldg. : Expired: 16/01/2019 Agent : NPAS DEVON LIMITED Parish : FREMINGTON Case Officer : Ms J Watkins

Proposal: ERECTION OF ONE BUILDING TO PROVIDE FUNERAL PARLOUR WITH ASSOCIATED OFFICES, WORKSHOPS & GARAGING TOGETHER WITH ERECTION OF SUPERVISORY DWELLING WITH DETACHED GARAGE Location: LAND ADJ TO FREMINGTON CEMETERY, OLD SCHOOL ROAD, FREMINGTON

PROPOSAL

The proposal is for a purpose designed funeral home to allow for the relocation and expansion of the business WS Gayton & Sons from Lauderdale in Bickington. The application also proposes a supervisory dwelling.

The application seeks approval for a Funeral Parlour amounting to 629m2. The parlour will provide the necessary rooms in order to store prepare and look after the deceased. Within this building is a chapel of rest for family members to visit loved ones prior to being moved to their final resting place. The building includes offices and work spaces for staff, visiting families and medical practitioners as well as the coffin storage and preparation.

To the west of the proposed parlour is a proposed Funeral Car Garage measuring 287m2. The garage building provides storage and preparation facilities for the funeral cars (4 funeral cars and two removal vehicles). Space will also be allowed to accommodate occasional horse box parking associated with horse-drawn hearses.

The Funeral Parlour and Garage are single storey in scale and will be constructed of:

• Walls – Staffordshire blue brick plinth and Red/purple multi brick • Roof – Decra stratos grey • Windows/windows/facias – White uPVC

As part of the application it is a proposal to build a Supervisory Dwelling amounting to 121m2. This comprises a three-bedroom single storey family home in a position to provide adequate security on site and a pallet of materials to match the main building as follows:

• Walls – Red/Purple multi brick • Roof – grey natural slate • Windows/doors/facia – White uPVC

A detailed landscaping plan provides significant planting to provide both screening and will add to the biodiversity gain of the site.

RECOMMENDATION

APPROVE

SITE AND SURROUNDINGS

The site is outside of the defined development boundary for Fremington.

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The site is located in Fremington Parish and is to the immediate north of the existing well established cemetery and approved cemetery extension.

To the north are residential housing estates (Westaway and Beards Road), the eastern site boundary is Old School Lane with agricultural land to the west, east and south.

The site is gently sloping down to the north.

The site is accessed off Old School Lane

REASON FOR REPORT TO MEMBERS

This is a MAJOR application which is also a DEPARTURE from the North Devon and Torridge Local Plan. It is accordingly considered appropriate for this scheme to be considered by members under the provisions of Section 7.2 (b) of the NDDC Constitution (May 2015).

POLICY CONTEXT

The North Devon and Torridge Local Plan has recently been adopted and the following policies are relevant:

North Devon and Torridge Local Plan (2011 – 2031)

ST01: Principles of Sustainable Development ST02: Mitigating Climate Change ST03: Adapting to Climate Change and Strengthening Resilience ST04: Improving the Quality of Development ST05: Sustainable Construction and Buildings ST06: Spatial Development Strategy for Northern Devon’s Strategic and Main Centres ST07: Spatial Development Strategy for Northern Devon’s Rural Area ST08: Scale and Distribution of New Development in Northern Devon ST10: Transport Strategy ST11: Delivering Employment and Economic Development ST12: Town and District Centres ST14: Enhancing Environmental Assets ST17: A Balanced Local Housing Market ST21: Managing the Delivery of Housing ST22: Community Services and Facilities Policy ST23: Infrastructure DM01: Amenity Considerations DM02: Environmental Protection DM03: Construction and Environmental Management DM04: Design Principles DM05: Highways DM06: Parking Provision DM08: Biodiversity and Geodiversity DM08A: Landscape and Seascape Character DM10: Green Infrastructure Provision DM12: Employment Development at Towns, Local Centres and Villages DM14: Rural Economy

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DM19: Town and District Centres DM20: Development Outside Town and District Centres DM28: Rural Worker Accommodation FRE: Fremington and Yelland Spatial Vision and Development Strategy

CONSULTEE RESPONSES

Parish Council (13/11/18) As the applicant is the Parish Council’s Burial Superintendent, it was resolved not to pass any comment and to forward the representations made at the meeting.

Highways (04/12/18) The absence of adequate footway/cycleway provision, and connection to public transport facilities, leads to the conclusion safe and suitable access provision is not provided to the site for non-motorised users of the public highway, in particular, pedestrians, cyclists and mobility impaired, as contained within the advice provided by the National Planning Policy Framework.

DCC Flood Risk Team (29/10/19) We are not a statutory consultee for the above planning application.

Environment Agency : Standing advice applies

Planning Policy (23/01/19) Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that if regard is to be had to the development plan in the 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.

It is considered that as the new funeral parlour and supervisory dwelling are intrinsically linked. From a policy perspective, if it is considered that the principle of a business use is acceptable in this countryside location then the proposed use could require a 24 hour service to its customers therefore, I will consider the development as a package rather than as individual proposals in the context of Policies DM14 and DM28.

In order to deliver sustainable communities, Policies ST06 and ST07 have been framed to principally support proposals within defined development boundaries in accordance with the stated hierarchy. This greenfield site is outside the defined development boundary for Fremington where Policy ST07 will apply. Criterion 4 of Policy ST07 states that ‘development in the Countryside 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 policy terms, I am not convinced the applicant / agent has fully justified as to why a Countryside location is required to deliver a funeral parlour / supervisory dwelling or why such a facility could not be delivered on vacant land at Roundswell Business Park, land south of the A39 or any other suitable site within a defined development boundary as set out in the Plan. A suitable site within a defined development boundary for the funeral parlour would also reduce the need for a dwelling in the open countryside as the funeral

Page 137 Agenda Item 7 director could access existing housing on the open market within close proximity of the site whilst still providing that 24 hour service to customers.

Policy DM14 supports the principle of new small scale economic development in the Countryside. To define small scale economic development in the context of the Local Plan the glossary states ‘development for employment or commercial purposes of a scale not exceeding 250m2 gross external floor area or a site area of 0.1ha’. Clearly, the site area proposed is approximately 0.7ha in size and the footprint of the proposed buildings (excluding the dwelling) is approximately 916m2 and therefore not small scale. Criterion (b) of the adopted Local Plan supports sites or buildings adjoining or well related to a defined settlement such as Fremington subject to there being no adverse impact on the living conditions of local residents; the scale of employment being appropriate to the accessibility of the site and the standard of the local highway network, proposals respect the character and qualities of the landscape and its setting and include effective mitigation measures to avoid adverse effects or minimise them to an acceptable level. Therefore, whilst the principle of a new small scale economic development is supported in the Countryside subject to the stated criteria, there are fundamental policy concerns regarding the scale of development as well as criteria (d), (e) and (f) of DM14.

Policy ST11 of the adopted Local Plan supports the delivery of employment and economic development. Criterion 2 provides a flexible approach to employment land release in response to relocation or expansion proposals that will contribute to improving the economy of northern Devon. The Plan provides for a land supply of 84.9 hectares to deliver economic development that provides businesses with a choice of suitable premises and locations. However, paragraph 5.10 also recognises that ‘further sites may also be released on an exceptional basis to address identified expansion or new business proposals that could not otherwise be accommodated within allocated sites. Land release on this basis will be to secure specific quality employment opportunities that contribute to meeting strategic economic objectives.’ The Spatial Planning Vision sets out four strategic aims and objectives. Aim 1: seeks to support ‘A Vibrant northern Devon Economy – where excellent opportunities support diverse low carbon growth and moves towards an economy that supports our world class environment in accordance with the stated objectives’. Whilst I accept the desire and need to expand an existing business which is considered important to the local economy, it is my informal opinion that the relocation of a funeral parlour to the countryside would not justify an exceptional release of land as I do not consider that such a use contributes to meeting the strategic economic aims and objectives of the Plan.

The site is within the landscape character type 3A: Upper Farmed Wooded Valley Slopes where some of the special qualities include ‘open landscape with important vantage points and uninterrupted vistas; narrow sunken lanes and species-rich hedgebanks; copses, woodlands and tree clumps; cob, thatch and whitewashed buildings, including traditional linhays and little or no light pollution resulting in starlit skies. The strategy for this landscape character is ‘to protect the landscape’s strong rural character and historic sense of place. The farmed landscape comprises a rich mosaic of fields bounded by an intact network of species-rich Devon hedges. Valued farmland and woodland habitats are managed and extended, with opportunities for Green Infrastructure links to settlements pursued’. This approach is also supported by criterion (g) of Policy ST14. Clearly, a building in this location will be of detriment to the existing landscape character and its special qualities.

Old School Lane is narrow where there are concerns relating to the potential increase in traffic movements using this highway. Criterion (3a) of ST10 requires reducing the need to

Page 138 Agenda Item 7 travel by car by alternative sustainable travel options. All highway issues should be considered against Policies ST10, DM05 and DM06 together with the response of the Local Highway Authority.

If you are minded to support the application then you must ensure the delivery of a high quality development in accordance with Policies ST04, DM01 and DM04.

Therefore, from a policy perspective I do not consider this proposal to be in accordance with Policies ST07, ST11, ST14, DM14 and DM28.

Economic Development (29/01/19) We have spoken to DCC and they cannot confirm the timetable for release of plots to the South of the A39 to the market. There was some immediate concern with the compatibility of this use with others they would like attract to this site. I would also query the use class of this business and whether it would comply with the outline consent at this site. Furthermore, this site is also a little remote from residential properties – I would not consider this development an appropriate site for a supervisory dwelling if this was deemed necessary.

We did also ask them about other land in their control. They have one site left in Roundswell North but this is significantly smaller than the 0.7ha site proposed at Fremington and is not currently available on the open market.

When will the units at Mount Sandford Green be released and might they be appropriate for this use?

Parks (11/01/19) I recall we discussed this at the end of last year and concluded that we would not seek a contribution in light the use class and the proposed gardens / landscaped area on offer as part of the application.

Sustainability (20/11/18) The submitted Ecological Appraisal (EA) adequately sets out the existing condition of habitats within the site and the extent of losses associated with the proposed development. Although the EA does not formally apply a biodiversity impact assessment metric it does clearly establish the requirements for mitigation which when taken as a whole are likely to lead to a demonstrable net gain. The recommended mitigation is also appropriately illustrated on the submitted Landscaping Scheme with general planting specifications and schedules.

The EA sets out mitigation in the form of tree, shrub and hedge planting, wildflower meadow, attenuation ponds, bat and bird boxes and a 1 m wide unmanaged grassland margin. I would suggest that if you were minded to grant permission for the proposed development that it would be best practice to secure a Landscape and Ecological Management Plan (LEMP) prior to determination. The LEMP would provide detailed specifications for the implementation and management of all mitigation and enhancement measures and clearly define post construction monitoring and reporting mechanisms. The LEMP must demonstrate that all new and retained habitats are managed to achieve optimum condition and secure long term net gains.

The EA recommends that a sensitive lighting plan be developed, whereby any lighting within the new development is sensitive and avoids illumination of green spaces. I would suggest that given the open nature of the site and the proximity to sites of nature conservation importance that a lighting specification and contour plan be secured prior to determination. All external lighting should be modelled alongside potential sources of

Page 139 Agenda Item 7 internal light spill to demonstrate best practice with regards to maintaining dark corridors for bats https://www.theilp.org.uk/documents/guidance-note-8-bats-and-artificial-lighting/ .

Landscape Officer (23/10/18) I note there is no arboricultural impact assessment or associated tree protection plan / arboricultural method statement has been provided in support of the application (prudent to protect important hedgerows on site during the course of construction) and I would suggest that if you were minded to grant permission for the proposed development that it would be best practice to secure this prior to determination, but if necessary this could be achieved through the imposition of a pre commencement condition.

I could not see any biodiversity impact assessment calculation to demonstrate the proposed landscaping will deliver a net gain, and that no firm details of ecological enhancement provision has been included on the elevations etc.

Whilst the landscape plan provides information on soft landscaping, it doesn’t provide detailed post development management proposals to secure long term net gain benefits (growing existing hedges taller/wider, enhancing connectivity of hedgerows i.e. Southern boundary hedge might be best at top of bank rather than bottom of slope and connect around supervisors dwelling etc.

Environmental Health (01/11/18) I have reviewed this application in relation to Environmental Protection matters and comment as follows: 1 Land Contamination: If permission is granted, I recommend conditions be included: 2 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 conditions be imposed:

Designing Out Crime Officer (30/10/18) There are no Police objections to the scheme, however, given the location of the proposed development, please note the following information, initial advice and recommendations given from a designing out crime, fear of crime, antisocial behaviour (ASB) and conflict perspective.

I can find no details of boundary treatments for either the proposed parlour or dwelling and police seek clarification of this. Perimeter security is one the basic principles of crime prevention, being the first line of defence against unwanted trespassers, as such all rear boundary treatments should be 1.8m high, as a minimum requirement, and be solid and robust to prevent being breached. Close boarded fencing or walls would be deemed appropriate. If more surveillance is required or 1.8m would feel too closed in for smaller gardens then a 1.5m solid structure with a .3m trellis topping would be acceptable. It is accepted that on some occasions gradients of land or other permanent solid structures can have an impact on the need, choice and height of boundary treatments but these should be assessed on their own merits to ensure the boundary treatment is appropriate to any potential risk of trespass. The rear aspect of dwellings are intended to be the more private areas and therefore not so well overlooked which is why the majority of burglaries are perpetrated by gaining access to the rear. This is made all the more easier when there is inadequate boundary treatments or insecure gates. It is recommended that the private rear garden and side of the ‘supervisory dwelling’ is suitably enclosed as detailed above. I would ask that a lockable barrier or gates is incorporated at the entrance to the site. These if required could be secured when the business is closed and prevent potential misuse of the car park perhaps particularly by groups in their cars. This is not altogether uncommon problem for car parks elsewhere within North Devon and can arise at any time. I would ask

Page 140 Agenda Item 7 that incorporation of a suitable barrier be considered as a condition of planning to secure the car park out of hours and thereby reduce likely incidents of crime, disorder and anti- social behaviour (ASB).

I feel the parking arrangements are satisfactory. The car parking areas, public and staff, should be well illuminated to provide the potential for natural surveillance during hours of darkness. In terms of physical security for the parlour and garage, it is advised they be protected by a monitored intruder alarm compliant with current Chief Police Officer Group guidelines. It is recommended any system also includes the supervisory dwelling.

External doors and windows are advised to be to a nationally recognised security standard such as PAS 24:2016 or equivalent, glazing advised to have at least one pane of laminated glass. It may also be worth considering an anti -graffiti finish to vulnerable external walls. External pillars and rainwater pipes must be designed in such a way as to not aid climbing, thus providing access to the roof itself. I am assuming the parlour will have CCTV internally? I would recommend that CCTV should also cover the car parks and garage courtyard. This would help deter crime but can also be very useful in terms of crime investigation for example identifying vehicles being used by persons suspected of shoplifting or other crimes. If site wide CCTV is not to be installed I would again ask that a suitable planning condition be considered to enable this. This is again to assist in the detection and prevention of crime and disorder. The CCTV must have a recording format that is acceptable to the Police. Recorded images must be of evidential quality if intended for prosecution. Any on site lighting must be compatible with any installed CCTV system.

It is noted that the bin store is located within the rear compound which is also a good design feature. However wheelie bins must be secured as they can be used as climbing aids and the contents used to start fires.

Archaeology (24/10/18). Assessment of the Historic Environment Record (HER) and the details submitted by the applicant do not suggest that the scale and situation of this development will have any impact upon any known heritage assets. The Historic Environment Team has no comments to make on this planning application.

REPRESENTATIONS

At the time of preparing this report 58 letters of objection and 2 letters of support have been received relating to the application. A detailed representation has been made by the Save Fremington Residents Group.

*See attached list for representation names and addresses.

The main issues raised from the objections are:

• Contrary to the local plan • Not sustainable development • Outside of the development boundary on greenfield land • More suitable locations / plots such as Roundswell Business Park • No economic benefits / creation of jobs • Development will bring nothing to village • No justification for the residential property on site • Increase to traffic levels

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• Road safety from increased traffic • Extra fumes from increased traffic • Poor visibility from site to road • No public transport or pedestrian access to proposal site • Sound impacts • Light / noise pollution • Impacts on local properties (privacy / amenity) • Impacts on surrounding landscape • Impact on protected species • Loss of rural greenspace • Impact on the quiet peaceful setting of the cemetary • Additional surface water to already down hill flood issues

The main points raised from support letters are:

• Safe environment for staff • Caring environment for families • Privacy for families

(Copies of all the letters have been made available prior to the Planning Committee meeting in accordance with agreed procedures).

The applicant has also provided supporting letters within his submission.

PLANNING HISTORY

Reference Proposal Decision Date 53554 Change Of Use From Field To Extension To APFP 03/12/13 Cemetery / Burial Ground Together With Formation Of Turning Area 62036 Approval Of Details In Respect Of Discharge Of DOCA 03/11/16 Condition 5 (Visibility Splays) Attached To Planning Permission 53554

SUMMARY OF ISSUES

• Location of development • Highway Access • Landscape and Ecological Impact • Amenity • Design • Infrastructure

PLANNING CONSIDERATIONS

• Location of development

The Supporting statements indicate:

The funeral home has been based at the property known as Lauderdale, accessed from Hopperstyle in Bickington, since the company was founded in

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1910. Since this time, the business has been subject to significant expansion and therefore, while every effort has been made to utilise the land at Lauderdale to its greatest potential, the constraints of the site hinder the ability of the funeral directors to conduct operations with the required levels of respect and privacy for a business of this nature.

Constraints associated with the existing site include the lack of ability to store all of the vehicles required to operate the business within the premises meaning that a significant number of trips need to be made to an offsite storage area each day in order to collect vehicles as and when required for removals, funerals and maintenance. Furthermore, the limited parking on site and conflict between the various types of trip purpose made to the funeral home means that overflow parking commonly occurs on Hopperstyle. There are also around 2 or 3 funerals requiring the use of horse-drawn hearses per year. Despite the small number these funerals do cause significant issues on the surrounding highway network due to the limited space in and around Lauderdale

The proposals also include the provision of a residential property on site to be occupied by a member of the Gayton family in order to ensure security on the site, enable quick access to equipment and facilities as part of the funeral home’s 24- hour service and also provide peace of mind for the relatives of the deceased.

The applicants advise that they have been searching for a site for 2 years. In the submitted Planning Statement (attached to this report) they detail the types of properties that have been considered. No brownfield site of the size required is available within the defined development boundary of the area of search.

They have explored whether there are suitable sites on an employment area and do not consider that such a location would meet their clientele’s needs. One of the core elements of the business is to provide a chapel and a restful environment within which to deal with bereaved families. The range of associated activities also requires a site that can provide discretion and privacy. Economic Development advice that there is no timetable for the release of plots to the South of the A39 to the market. There are also some immediate concerns with the compatibility of this use with others that DCC would like attract to this site. The use class of this business would also not comply with the outline consent at this site. Furthermore, this site is also remote from residential properties and would not be appropriate for a supervisory dwelling if this was deemed necessary. It is not considered that the undeveloped employment land south of the A39 would provide an available site for this business.

DCC have one site left in Roundswell North employment area but this is significantly smaller than the 0.7ha site proposed at Fremington and is not currently available on the open market. Sites at Mount Sandford Green will not be available for at least 3 years and are not in the area of search.

The application is supported by a Statement of Community Involvement detailing the responses received at a public exhibition which were more positive than the reaction to the advertisement of the planning application. Of the 60 residents who attended, 37 left responses, 81% of which were supportive, 11% undecided and 8% opposed the scheme primarily on transport and precedent grounds. The application when at consultation has received numerous objections based on the principle of developing a greenfield site outside of the defined development boundary.

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This is the principle reason for bringing this application to the Planning Committee.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires the determination of a planning application to be made in accordance with the development plan unless material considerations indicate otherwise.

This greenfield site is outside the defined development boundary for Fremington where Policy ST07 will apply. Criterion 4 of Policy ST07 states that ‘ development in the Countryside 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 order to decide whether this is sustainable development the Authority must be satisfied that the scheme brings with it social and economic benefits.

Policy DM14 supports the principle of new small scale (250m2 gross external floor area or a site area of 0.1ha) economic development in the countryside on sites adjoining or well related to a defined settlement such as Fremington. The site adjoins both the existing cemetery and is within 25m of the defined development boundary. It is considered that this site is well related to the edge of the settlement. The Policy Team advise however that the scale of this proposal does not fall within this policy by being too large.

Policy ST11 of the adopted Local Plan supports the delivery of employment and economic development. Paragraph 5.10 also recognises that ‘ further sites may also be released on an exceptional basis to address identified expansion or new business proposals that could not otherwise be accommodated within allocated sites. Land release on this basis will be to secure specific quality employment opportunities that contribute to meeting strategic economic objectives .’ The Policy Team conclude that the ‘ relocation of a funeral parlour to the countryside would not justify an exceptional release of land as I do not consider that such a use contributes to meeting the strategic economic aims and objectives of the Plan ’. This is a single business representative of many similar enterprises and hence the view is that it is not of strategic importance. From a policy perspective and from their review of the submitted information the Policy Team do not consider this proposal to be in accordance with Policies ST07, ST11, ST14, DM14 and DM28.

Fremington and Yelland is identified as a ‘Local Centre’. Para 10.188 recognises the village’s existing role as a local service centre offering education, employment, recreation and community facilities. Additional and enhanced community facilities will be delivered to help make the community more self-sufficient and sustainable. This business wishes to remain in this locality and to retain and develop its workforce. The applicant argues that he provides an essential community service. The only site allocated for employment purposes on Proposals Map 4 Fremington & Yelland is Yelland Quay which is unlikely to come forward in the short term. There are no other employment sites allocated to support Fremington as a Local Centre.

The applicant wishes to relocate his business to a site that meets the functional needs of his operation but still stay in the local area. The suggestion that this type of use would fit comfortably on an employment estate results in as many issues as the current business faces by being located within a residential area. The applicant also wishes to retain his strong ties to the local community that the business has served for many years and wishes to remain in this general locality. The applicant is also the superintendent of the adjoining cemetery. The site therefore has a strong functional association with the adjoining land use (cemetery).

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This is an exceptional type of use and in this instance a convincing case has been made that there are no other sites available. The business is on a constrained site at the moment and has to park vehicles off site which is compromises operational efficiency. The use also results in problems with on street car parking. The existing site has no room for the business to grow or develop. The business is a local employer and the proposal will result in significant investment in a new site.

Returning to policy ST07, criteria (4) states ‘In the Countryside, beyond Local Centres, 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 this case there is a demonstrated local economic and social need. This is considered to be an exceptional venture that has been unable to find an alternative site and that without releasing a greenfield site this business will not be able to grow. It is not considered that the release of this site would set an unacceptable precedent due to the nature of the use and its proximity to the cemetery which the applicant is the superintendent of. The NPPF at para 81 indicates that in order to build a strong competitive economy that Authority’s need to be ‘flexible enough to accommodate needs not anticipated in the plan’ and at para 82 ‘Planning policies and decisions should recognise and address the specific locational requirements of different sectors’.

Para 84 states:

Planning policies and decisions should recognise that sites to meet local business and community needs in rural areas may have to be found adjacent to or beyond existing settlements, and in locations that are not well served by public transport. In these circumstances it will be important to ensure that development is sensitive to its surroundings, does not have an unacceptable impact on local roads and exploits any opportunities to make a location more sustainable (for example by improving the scope for access on foot, by cycling or by public transport). The use of previously developed land, and sites that are physically well-related to existing settlements, should be encouraged where suitable opportunities exist.

In this instance the site search has found no available brownfield site and as such the economic gains from the investment on this business and the growth of local jobs should be given significant weight in the decision making process.

In respect of the residential unit, if the business case is supported to relocate the funeral enterprise then the Planning Statement provides detailed argument for why there is a need to have residential supervision at any time of the day or night. The existing site contains a dwelling and there is no reason to doubt that the funeral business operates on a 24 hour basis receiving and collecting the deceased. The scale of the property proposed is modest and within site and sound of all parts of the site and can monitor the entrance for security purposes. With appropriate occupancy conditions if the case for relocating the business is supported there are no objections to a linked unit of accommodation in line with DM28.

• Highway Access

The application is supported by a detailed Transport Appraisal. The results of which are disputed within the letters of representation. The site will be accessed via Old School

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Lane. The T junction with the B3233 (known as Church Hill in this location) is well aligned, with good visibility to the left and right. School Lane itself forms a residential street. The site is around 400 metres to the south of the B3233. Old School Lane provides access to Fremington Cemetery and then onwards to a network of rural roads to the south west of Barnstaple. It is a relatively low trafficked road.

Along its length, Old School Lane has a number of pinch points and sections of single width carriageway. No formal priority working is in place however there are wider sections of carriageway interspersed with the pinch points and good forward visibility due to the alignment of the road meaning that the flow of traffic along this road is effectively self- managing.

The Highway Authority are satisfied that the width and alignment of the carriageway (Old School Lane) within the immediate locality to be acceptable. No objections are raised therefore to the small increase in use of the road by vehicular traffic generated by the proposed development. The Transport Appraisal details the potential number of trips each day and forecasts that even with business expansion that there would be an increase of less than 4.5% in increased flows which is considered to be immaterial and will not be noticeable to existing users. The appraisal argues that with improved vehicle storage and parking arrangements that the relocation of the business will provide net gains to the highway network as a whole. The relocation of the business from Lauderdale onto one site will reduce traffic movements resulting from having to move funeral vehicles between the two current operational sites.

The Highway Authority considers that the proposed new access into the site to be acceptable. It has been provided at an adequate size and with adequate visibility (X distance of 2.4 metres and a Y distance of 50 metres). The new access onto Old School Lane is considered to be safe.

Within the site the internal access road will split to access to the supervisory dwelling and operational areas, with the main arm of the access leading directly to the visitor parking area and reception which will essentially operate as the public facing area of the business. The main parking area will be for families and includes 2 disabled spaces, and a second for staff parking, deliveries, and doctors. A designated doctor space will be provided due to their limited availability and the frequency which their visits will be made. The scheme accords with DM06.

The Highway Authority has however recommended refusal of the application. The issue of concern that they raise relates to the potential for conflict between vehicles, cyclists and pedestrians, including vulnerable and those persons with special needs. DCC consider that there will be non-motorised users attracted to the site utilising roads that are considered to be substandard for pedestrians (pavements are sporadic along the route) and cyclists and which could lead to an increase in inconvenience between groups of road users and could become a danger to all road users. The site adjoins the existing cemetery and as such it is not so unsustainable that there will be no pedestrian and cyclist movements due to the distance from the Parish of Fremington and the topography not being prohibitive to discourage pedestrian and cyclists. DCC don’t believe the highway infrastructure is conducive to providing safe and convenient trips to vulnerable road users (pedestrian/wheelchair users etc).

It is for the Local Planning Authority to consider travel sustainability along with social and economic sustainability.

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The applicants transport consultant advises that there is unlikely to be a significant level of pedestrian traffic to the site due to the tendency of the funeral directors to make home visits in order to make arrangements with families and therefore the potential for family, friends or colleagues of the deceased to travel to the site by foot or cycle. Indeed, if people without access to private car transport did wish to visit the site to attend the chapel of rest, one of the services that the funeral directors could offer would be transport for the families. Even if this were not the case Old School Lane is a 400m walk from the main road. It is a route that pedestrians already use to access the cemetery.

The existing cemetery location means that the principle of pedestrian and cycle travel is established, both past the site and on Old School Lane where the footways are intermittent. Due to the low existing traffic flows and the minimal impact of the traffic associated with the propose funeral home the conflict is recognised and would need to be considered in the balance.

• Landscape and Ecological Impact

The site consists of improved grassland bordered by species-rich and species-poor hedges. The proposal would result in the loss of 0.5 ha of improved grassland and the temporary loss of 50 m of species-rich hedge. Once site planting is established, it is considered that the proposals will result in a net gain for wildlife in line with Policy DM08.

It is proposed to create a new hedge approximately 2 – 3 m back from the existing hedge, so that the proposed new entrance has a suitable visibility splay. It is considered that the most cost-effective and least ecologically damaging solution is to move the hedge, rather than remove the hedge and plant a new hedge.

No evidence of dormice was found on the site and there are no records of dormice within 1 km of the site. However, there is potential for dormice to be present in hedges on the site. The section of hedge to be moved is relatively sparse compared to the other hedges on the site. A thorough inspection for dormouse nests undertaken in this area found no dormouse nests. The loss of this section of hedge is considered to have a minor impact on dormice at a local scale because of the small amount of temporary potential foraging habitat loss, i.e., if dormice are present in the area.

It is recommended that bat and bird boxes be installed on the proposed buildings, to provide ecological enhancement. Recommendations for the planting of the attenuation pond and the development of a sensitive lighting plan are also made.

In line with best practice a Landscape and Ecological Management Plan (LEMP) will be secured. The EA also recommends that a sensitive lighting plan be developed, whereby any lighting within the new development is sensitive and avoids illumination of green spaces and again this will be conditioned .

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• Amenity

The nearest residential property is approximately 120m to the north. The proposed buildings being single storey are not considered to be imposing or result in any adverse amenity issue in terms of over looking. With careful management of lighting of the car parking area it is not considered that residential amenity would be adversely affected in line with DM01.

As set out above, conditions will be required to manage construction in order to minimise impact on local amenity during the development phases. Whilst this is agricultural land conditions will also be required should unexpected contamination be found so that it can be properly dealt with.

Given the nature of the business and the applicant’s desire to present a calm and dignified site for his clientele, an adverse impact on the cemetery is not considered to result. Controls over the future use of the site are recommended.

• Design

Both the adopted local plan and NPPF support the principles of good design. The development will result in a complex of single storey structures set within a landscaped setting. The design is appropriate to the form of the business and the dwelling due to its scale will not be visibly intrusive in the landscape. The materials (brick under a dark grey roof) and the setting of the buildings within a planted campus will limit the impact of the wider landscape setting of this edge of the settlement in line with DM04 and DM08A

• Infrastructure

The site is within Flood Zone 1 (at low risk of flooding) but is within a Critical Drainage Area. Development within such areas will be required to incorporate a comprehensive sustainable drainage scheme that neither increases the rate of surface water runoff entering Fremington Stream or Fremington Pill nor increases flood risk elsewhere in Fremington in accordance with Policy ST03: Adapting to Climate Change and Strengthening Resilience. Infiltration drainage is not considered to be viable on site due to the underlying geology. The proposed surface water drainage strategy consists of a network of swales, permeable paving and pipes conveying surface water runoff to outfall into an attenuation basin located at the north-western corner of the site, where the land is at the lowest point. The design will also assist with ecological mitigation. The scheme accords with ST03.

CONCLUSION

Give the recommendation this report has been shared with the Policy Team who advise:

‘Firstly, as you are aware our adopted Local Plan has been considered to be ‘Sound’ and in general conformity with the NPPF, albeit in our case the version published in March 2012. As the NPPF has been subsequently revised to the version published in July 2018, I would still contend that our economic policies do support growth and therefore are still in general conformity with the NPPF, so in my opinion paragraph 11(d), ‘the presumption in favour of sustainable development’ would not apply.

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However, whilst I will maintain that the development plan is up to date and decisions should be made in accordance with that plan, I have read your report and for me it does read in a way that has balanced all the issues and you have clearly concluded that in this instance material considerations have indicated the Plan should not be followed (paragraph 12 NPPF).

It is for the Planning Committee, in light of the strong level of opposition that this application has received, to decide whether a convincing case has been made to depart from the Development Plan.

This is a balanced recommendation.

This application is for the provision of a purpose built and designed funeral parlour with ancillary garaging and a supervisory dwelling. This development is proposed on agricultural land outside of the development boundary for Fremington defined within the recently adopted North Devon and Torridge Local Plan. Policies within this Plan seeks to control development in the countryside and will only permit development under ST07 in the Countryside, beyond Local Centres, ‘which is enabled to meet local economic and social needs’. There must be over riding economic and other benefits

This development will have an impact on the character of the countryside by building on what is currently undeveloped agricultural land; however, this will be mitigated by the scale of development and the detailed landscaping scheme which is proposed.

Any potential impact on neighbouring properties, ecology and the water environment can be controlled by conditions.

The NPPF is clear that the ‘purpose of the planning system is to contribute to the achievement of sustainable development’. The three overarching objectives, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives):

a) an economic objective – to help build a strong, responsive and competitive economy, by ensuring that sufficient land of the right types is available in the right places and at the right time to support growth, innovation and improved productivity; and by identifying and coordinating the provision of infrastructure; b) a social objective – to support strong, vibrant and healthy communities, by ensuring that a sufficient number and range of homes can be provided to meet the needs of present and future generations; and by fostering a well-designed and safe built environment, with accessible services and open spaces that reflect current and future needs and support communities’ health, social and cultural well-being; and c) an environmental objective – to contribute to protecting and enhancing our natural, built and historic environment; including making effective use of land, helping to improve biodiversity, using natural resources prudently, minimising waste and pollution, and mitigating and adapting to climate change, including moving to a low carbon economy.

The presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. Where a planning application conflicts with an up-to-date development plan permission should not usually be granted . Local planning authorities may take decisions that depart from an up-to-date

Page 149 Agenda Item 7 development plan, but only if material considerations in a particular case indicate that the plan should not be followed. This is such a case.

When applying the balance, in terms of the environmental strand of sustainable development, this site will have an impact on the countryside by the very fact that new buildings are proposed on a greenfield site and similarly the development results in the loss of agricultural land (ST14). This identified harm needs to be balanced against the circumstance at para 80 that ‘ Significant weight should be placed on the need to support economic growth ’.

The delivery and investment in this new business floor space and the resultant jobs both short term in the construction phase and long term in the operational phase is therefore accorded significant weight. It is considered that there are no other available sites for this business within the development boundary and hence on an exceptional basis that this scheme should be supported.

Given the site’s proximity to Fremington (and the existing development boundary) and the proximity to the existing cemetery which is already access by pedestrians and cyclists via Old School Lane this is considered to be a sustainable location. The 400m distance from the B3223 to the site has sufficient pedestrian refuges to minimise conflict between differing road users and it is accepted that this is a lightly trafficked route which will only experience a small increase in traffic from the development.

On balance, this is considered an appropriate location for this type of economic development next to the existing cemetery, which can be delivered in a manner that satisfactorily mitigates unacceptable environmental impacts. The impact of this development on the countryside is recognised but the release of this site will result in social and economic benefits by allowing this business to grow and develop which will demonstrably outweigh the identified environmental harm.

The recommendation is one of approval subject to appropriate conditions.

HUMAN RIGHTS ACT 1998

Article 8 – Right to Respect for Private and Family Life THE FIRST PROTOCOL – Article 1: Protection of Property

DETAILS OF RECOMMENDATION

APPROVE with the following 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.

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(2) The development hereby permitted shall be carried out in accordance with the following plans and the recommendations contained with in the following reports: Location Plan 565 10 Site Plan as Proposed 565 20 Rev F Landscaping Plan MT01180907a Floor Plans 565 30 Elevations 565 31RevA Plans & Elevations Supervisory Dwelling 565 32 A Double Garage Supervisory dwelling 565 33 Flood Risk Assessment 42017/4001 Rev C October 2018 Ecological Appraisal Version 1.0 December 2017 Transport Appraisal 42017 Rev E October 2018 Design and Access Statement 565 40

Reason: To ensure that the development accords with the detailed submission, which provides a form of development that minimises the impact on the landscape setting of the settlement and which addresses drainage and highway safety.

(3) The development shall be undertaken in accordance with the proposed finished floor levels shown on the approved drawings unless otherwise agreed in writing by the Local Planning Authority.

Reason: To ensure that the development accords with the approved plans which show levels that safeguard the impact on amenity and landscape setting of the village edge.

(4) The occupation of the dwelling shall not occur until the business premises have been fully provided and available for their intended use and thereafter the occupation shall be limited to a person solely or mainly employed, or last employed, in the business hereby approved (undertakers establishment) and operated from the site, or a dependant of such a person residing with him or her, or a widow or widower of such a person.

Reason: An exceptional case has been made for the need for residential supervision of the business to which this dwelling relates and as such it is considered necessary to tie the occupation of the dwelling to the operation of the business to fulfil the proven functional need.

(5) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any order revoking and re-enacting that Order) the development hereby permitted shall be restricted to use as a Funeral Parlour with ancillary garaging and for no other purposes whatsoever.

Reason: An exceptional case has been made for the need to relocate this business to a site on the edge of the settlement and given the links with the adjoining cemetery, the proposed use has been judged acceptable but any other use would need to be considered in light of its impact on the functioning of the highway network and residential amenity.

(6) Implementation and maintenance of approved landscape proposals shown on Drawing Landscaping Plan MT01180907a

Page 151 Agenda Item 7

All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation or the substantial completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variations.

Reason In order to ensure that landscaping occurs to enhance local biodiversity and in the interest of the character of the development given its edge of settlement location.

(7) Prior to work commencing an Arboricultural Method Statement (AMS) (in accordance with section 6.1 BS5837:2012) shall be submitted to and approved in writing by the Local Planning Authority. The work shall thereafter be carried out in accordance with these agreed details.

Reason: This is a pre commencement condition required to ensure that an auditable/audited system of arboricultural site monitoring, including a schedule of specific site events requiring input and supervision is required to ensure that biodiversity is adequately managed given the requirements to alter hedges at the proposed site entrance.

(8) Prior to the commencement of development of any phase a scheme depicting the method by which hedges/ trees shall be protected during the course of the development shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall identify a construction exclusion zone that will be enclosed by tree protection fencing which unless otherwise agreed in writing by the Local Planning Authority will be erected in accordance with figure 2 of BS 5837. The tree protection fencing will be erected prior to the commencement of development in accordance with the approved scheme. At no time shall any works in connection with the development, including storage, access, cement mixing, bonfires, excavations or other level changes occur within the protected areas.

Reason: This is a pre commencement condition required to ensure that existing landscape features which are to be retained are protected during the course of development to ensure their longevity and to assimilate the development into the landscape and to safeguard the appearance and character of the area.

(9) The recommendations set out in the Ecological Appraisal dated December 2017 shall be implemented in accordance with a Landscape and Environmental Management Plan (LEMP) which shall be submitted to and approved in writing by the Local Planning Authority before work commences on site. The LEMP shall include: a) Description and evaluation of features to be managed. b) the details of habitat creation and enhancement. c) the details of mitigation for protected species (such as bat tiles, wooden soffits and access points and suitable non-tyvac clad, pitched loft spaces and the installation of bird nest boxes and other features). d) A lighting plan and hedgerow buffers plan. e) Aims and objectives of future management and the ongoing monitoring and remedial measures to ensure the effectiveness of the LEMP

Page 152 Agenda Item 7

Reason: To sustain and conserve the character, distinctiveness or quality of the biodiversity of the site. To allow the continued ecological functionality of this habitat and avoid adverse impacts on bats and other protected species

(10) Other than the details shown on the approved plans no other wall, fence or means of enclosure shall be erected unless details of its siting, design and external appearance, including materials of construction have been submitted to and approve din writing by the Local Planning Authority and thereafter the boundary treatment shall be shall be carried out as approved.

Reason: The approved plans show natural hedgebanks as the primary boundary treatment. Any other wall or security feature would need to be assessed in light of its visual impact on the wider landscape.

(11) Prior to the installation of any outside lighting, a lighting design and location plan informed by the ecological appraisal and the comments of the Designing Out Crime Officer shall be submitted to and agreed in writing which demonstrate a scheme which minimises light spill onto, adjoining residential properties, onto wildlife corridors and which prevent impact on light sensitive bats and hedgerow buffers. The works shall be carried out in accordance with the agreed details.

Reason To ensure the site is adequately lit for both security purposes and that the lighting proposed does not affect ecology or the amenities of occupants of properties.

(12) 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 (desktop) 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.

(13) 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:

Page 153 Agenda Item 7

To ensure that any contamination existing and exposed during the development is identified and remediated.

(14) Construction 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 Management Plan (CMP) 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 CMP 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.

(15) 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 08.00 - 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

(16) No other part of the development hereby approved shall be commenced until the access road has been laid out, kerbed, drained and constructed for the first 20 metres back from its junction with the public highway and the visibility splays required by this permission have been fully completed.

Page 154 Agenda Item 7

Reason To ensure that adequate on site facilities are available for all traffic attracted to the site during the construction period and in the interest of the safety of users of the adjoining public highway.

(17) Provision shall be made within the site for the disposal of surface water so that none discharges onto the public highway.

Reason In the interest of public safety and to prevent damage to the highway

INSERT(S) TO FOLLOW OVERLEAF 1. OS Location Plan 2. List of representations names and addresses 3. Planning Statement

Page 155 Agenda Item 7

Copy Supplied to Accompany Planning 65724 - Land adj. Fremington Cemetery Committee Report Scale: 1:5000 Lynton House, Commercial Road, Page 156 Date: 13th February 2019 Barnstaple, EX31 1EA © Copyright and database right 2017 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. Agenda Item 7 Neighbour Representations List for Application No 65724

58 LETTER(S) OF OBJECTION

G DAVIES 79 BEARDS ROAD FREMINGTON Date Received: 02-Nov-18 MR & MRS CAMERON 81 BEARDS ROAD FREMINGTON Date Received: 19-Nov-18 JEANETTE GUY 27 WESTAWAY FREMINGTON Date Received: 19-Nov-18 COLIN FEARON TALL TREES OLD SCHOOL LANE Date Received: 13-Nov-18 STEPHEN PARSONS RECEIVED VIA EMAIL

Date Received: 15-Nov-18 LORRAINE HUGHES 11 COLOMBELLES CLOSE FREMINGTON Date Received: 15-Nov-18 MARTIN HUGHES 11 COLOMBELLES CLOSE FREMINGTON Date Received: 15-Nov-18 Date Received: 20-Nov-18 DONALD WHIPP 80 BEARDS ROAD FREMINGTON Date Received: 15-Nov-18 MR D B WILKES 19 WESTAWAY FREMINGTON Date Received: 15-Nov-18 MRS L E PHILLIPS 69 BEARDS ROAD FREMINGTON Date Received: 16-Nov-18 MISS JENNY WINN 31 REDLANDS ROAD FREMINGTON Date Received: 16-Nov-18 MRS JULIE PHILLIPS 9 COLOMBELLES CLOSE FREMINGTON Date Received: 16-Nov-18 D NEWBERRY 59 REDLANDS ROAD FREMINGTON Date Received: 16-Nov-18 DAVID PRATT 35 REDLANDS ROAD FREMINGTON Date Received: 16-Nov-18 MR & MRS BELCHER 5 WESTAWAY FREMINGTON Date Received: 16-Nov-18 SUE FOGERTY SCHOOL HOUSE OLD SCHOOL LANE Date Received: 19-Nov-18 MRS B HOPE 35 REDLANDS ROAD FREMINGTON Date Received: 19-Nov-18 MARK HAMLEY 82 BEARDS ROAD FREMINGTON Date Received: 19-Nov-18 R J NEWING GREYSTONES CHURCH HILL Date Received: 19-Nov-18 MRS B C ENTWISTLE 50 REDLANDS ROAD FREMINGTON Date Received: 19-Nov-18

30 January 2019 Page 157 Page 1 of 3 Agenda Item 7 Neighbour Representations List for Application No 65724

MRS LYN BONEWELL 1 COLOMBELLES CLOSE FREMINGTON Date Received: 16-Nov-18 MR KENNETH BONEWELL 1 COLOMBELLES CLOSE FREMINGTON Date Received: 16-Nov-18 MRS J CULSHAW 6 WESTAWAY FREMINGTON Date Received: 16-Nov-18 W R KENNING 24 WESTAWAY FREMINGTON Date Received: 16-Nov-18 MR NICK STURTRIDGE 5 NEW BUILDINGS OLD SCHOOL LANE Date Received: 19-Nov-18 SANDRA WILKES MILL DELL 19 WESTAWAY Date Received: 19-Nov-18 SANDRA WILKES MILL DELL 19 WESTAWAY Date Received: 19-Nov-18 SAVE FREMINGTON RESIDENTS G C/O MR M GOFF-JONES 14 WESTAWAY Date Received: 22-Nov-18 Date Received: 23-Nov-18 Date Received: 19-Nov-18 MR C BAKER 22 WESTAWAY FREMINGTON Date Received: 20-Nov-18 NICHOLAS MCMURTRIE 3 NEW BUILDINGS OLD SCHOOL LANE Date Received: 20-Nov-18 MR G & MRS M TOZER 2 THE SQUARE OLD SCHOOL LANE Date Received: 20-Nov-18 NICHOLAS GUY 27 WESTAWAY FREMINGTON Date Received: 19-Nov-18 MR BILL DAY 2 WESTAWAY FREMINGTON Date Received: 19-Nov-18 DIANA SIMPSON 1 WESTAWAY FREMINGTON Date Received: 19-Nov-18 MRS SANDRA SLADE 4 WESTAWAY FREMINGTON Date Received: 19-Nov-18 MR WILLIAM SLADE 4 WESTAWAY FREMINGTON Date Received: 19-Nov-18 BEVERLEY FERNE CORNER COTTAGE OLD SCHOOL LANE Date Received: 20-Nov-18 MARTIN BAILEY CORNER COTTAGE OLD SCHOOL LANE Date Received: 21-Nov-18 Date Received: 20-Nov-18 MR J M STIDSTON 71 BEARDS ROAD FREMINGTON Date Received: 20-Nov-18 STEVEN THORNE 83 BEARS ROAD FREMINGTON Date Received: 20-Nov-18

30 January 2019 Page 158 Page 2 of 3 Agenda Item 7 Neighbour Representations List for Application No 65724

ELAINE THORNE 83 BEARDS ROAD FREMINGTON Date Received: 20-Nov-18 EOIN & PAULA HANLEY HOME FARM LODGE FREMINGTON Date Received: 20-Nov-18 MRS H J NEWING GREYSTONES CHURCH HILL Date Received: 20-Nov-18 MR M.J. NEW & MRS J .A.NEW 15 WESTAWAY FREMINGTON Date Received: 20-Nov-18 JILLIAN GOFF- JONES 14 WESTAWAY FREMINGTON Date Received: 26-Nov-18 Date Received: 20-Nov-18 KEVIN WEBB 67 BEARDS ROAD FREMINGTON Date Received: 21-Nov-18 D FOGARTY SENT BY EMAIL

Date Received: 21-Nov-18 MR A JONES 26 WESTAWAY FREMINGTON Date Received: 21-Nov-18 MARTIN RILEY SENT BY EMAIL

Date Received: 21-Nov-18 FRANK ENTWISTLE 50 REDLANDS ROAD FREMINGTON Date Received: 21-Nov-18 REBECCA DENNIS 7 BEECH PARK FREMINGTON Date Received: 22-Nov-18 ANGELA DENNIS 39 REDLANDS ROAD FREMINGTON Date Received: 22-Nov-18 MRS J JONES 2 WESTAWAY FREMINGTON Date Received: 22-Nov-18

2LETTER(S) OF SUPPORT

MR KEIR DAVIS 12 BICKINGTON PARK BICKINGTON Date Received: 26-Nov-18 MARTYN STREET 50 EAST PARK ROAD WHIDDON VALLEY Date Received: 26-Nov-18

30 January 2019 Page 159 Page 3 of 3 Agenda Item 7

PLANNING STATEMENT

RELOCATION OF FUNERAL HOME TO FREMINGTON

1. The planning application has been designed and developed over a significant period of time. It has involved the Applicant carrying out extensive research and investigations to seek to relocate their business to a new location so that it can offer at the required level of service and discretion that the business prides itself upon. As will be appreciated, being a funeral director, the issues of service and discretion and the quality of service are key to the business.

2. The Applicant submitted a pre-application consultation with the Council (a copy is not enclosed with the application as the Council already has a copy). The Council responded to the consultation in the form of two emails dated 5 April 2018 and 27 April 2018 (Appendix 1).

3. The Applicant is now submitting a full planning application to relocate the funeral home to the site at Fremington and in its statement seeks to address the issues that were raised in the pre- application consultation.

4. These issues can be summarised as follows:-

 The position of the site as being on the edge of the development boundary of Fremington and the process that was undertaken relating to the site selection;

 The visual impact of the development on the landscape;

 The justification for a dwelling on the edge of the development boundary at Fremington;

 Transport considerations - in addition to these issues, the application has also considered the flood risk of the proposal and put forward a drainage strategy that has been approved in principle by Devon County Council as the relevant flood risk authority.

The position of the site on the edge of the development boundary at Fremington and the process of site selection

5. The site is by its nature on the edge of the boundary at Fremington co-located with the existing cemetery. It is recognised the planning policy seeks to protect against countryside for its own sake. However, authorities recognise that in certain specific circumstances it is appropriate to consider types of development that may provide employment or community services on site with

1 23041282.1 Page 160 Agenda Item 7

or within the edge of identified villages where the scale of such development and the type is compatible with the settlement and does not harm the character of the surrounding countryside.

6. North Devon District Council have such a policy in policy ECN3.

7. In terms of this development it will generate employment on the site and having regard to the visual impact of the development, which is dealt with later in this statement, it is suggested that the development is compatible with the size and location of the rural settlement and does not harm the rural character or settling of the settlement to a surrounding area. In policy terms, therefore, there would appear to be support for a development of this nature on the edge of Fremington.

8. In the emerging new joint local plan, there is also a policy ST22 relating to community services and facilities and there are similar criteria imposed in policy ST22 as are reflected in policy ECN3.

9. In seeking to deal with the criteria the site is not the subject of any special landscape designation and is therefore countryside in terms of the design of the proposal following the pre-application consultation, the design of the funeral home and the worker's dwelling have been totally revised so that they have a negligible impact on the countryside in the area, particularly when viewed from Fremington and afar.

10. It is considered that the proposal is compliant with regard to policy ECN3 and the emerging policy ST22.

11. In terms of the site selection, I attach as Appendix 2 a document prepared by the family which sets out the issues they find as a business both with the use of the existing facility and also the benefits of a new purpose built site. In addition to this, I enclose as Appendix 3 the supporting document relating to the pre-application advice where the issues that the family face at the current site are set out.

12. In light of this situation, the family have sought to carry out an extensive search for an alternative site and have modelled their approach on what you may see for a retail application in that they have looked for opportunities to relocate the building over a period of at least 2 years, both in centre and at the edge of centre and have carried out the following enquiries.

13. They have liaised with local estate agents being Webbers and also Mr Doble In respect of these agencies they have asked them to advise them of any market opportunities that may have arisen in order for them to relocate the funeral home. In particular, those local agents have only been able to suggest two sites to them, the first site related to a former petrol station at Yelland that may have become available, was used as a second hand car sales centre. Having investigated the site and the site area, the site did not have a sufficient capacity to relocate the proposed nature and standard of funeral home that the Applicant requires. It did not come to the market and remains a second hand car sales site

14. The most recent opportunity that was referred to them was Le Chalet Nursing Home, Sticklepath Hill which had become vacant. Again, this was a building that has been extended organically over time by a series of extensions and additions. It was considered that if the Applicants were to relocate it would require complete demolition and a new rebuild. However as the site was smaller than the existing facility and only one point of access, this site was not suitable as it would not deliver the type and nature of facility and it would not deliver the separation of clients from operational activity.

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15. A further building, being the Old Christian Science Reading Rooms, Sticklepath Hill came onto the market which, again was considered and would have required extensive alteration subject to planning, whilst being considered it was sold unconditionally to the current nursery operator.

16. During this time, there have been no other opportunities in the centre to provide them with a site to which to relocate. In terms of other edge of centre sites one may consider that there are industrial estates with vacant land on them that could be considered as suitable for the relocation of the funeral home. The applicants have looked at sites but have grave reservations that the type and facilities available on the industrial estate at Roundswell, firstly will not provide the suitable environment and facility to enable them to deliver the product and service that they currently provide to members of the public at a most vulnerable time. The fear is any site on an industrial estate has adjoining users and whilst users may be controlled by planning at this stage there is no ultimate guarantee that such control may be maintained over time due to planning policy. To give an example a recent office building on the estate was next door to a carpentry workshop which closed. Following the recession the unit received a change of use to enable it to be used as a scrapyard.

17. As you will appreciate with a significant investment in new premises the risk of such an incompatible use arising at the side of a funeral parlour is inconceivable and totally unsuitable for the nature of the service and product provided. Furthermore consideration has to be given as to the arrival and departure of clients who are visiting the recently deceased and the experience of travelling through an industrial estate to view the recently deceased in a chapel of rest is not the type and quality of service that the applicant intends to provide.

18. Therefore it fell to them to consider other edge of centre sites that could accommodate their proposed facilities. They are mindful of the nature of their business when recently deceased persons may be received by the funeral home at all times of the day and night, there may be visits by doctors and coroners at anti-social hours to affect business paperwork and there may be the need for the deceased family to visit the deceased in the chapel of rest.

19. Bearing all these issues in mind and also considering the fact that if all business was co-located on one site this would reduce traffic movements from the off- site existing garage facilities, it was necessary to seek to identify a site in the appropriate location. The proposed site is co- located with Fremington Cemetery and by the careful design of the proposal it is anticipated that the site can operate to provide the level of service, discretion and privacy that customers would demand whilst being able to serve the demands of the business in a way that does not generate noise and disturbance to any effected person and will improve the service upon which the applicant already provides. A member of the applicant's family is currently the superintendent at the cemetery and to be located close to the cemetery will aid not only journey form the existing base to the cemetery but also may deliver wider benefits to other funeral directors wishing to use the cemetery

20. The site is in an edge of centre location and by careful design of the building and landscaping the impact of the building is both minimal and unobtrusive and would not have any detrimental impact on the countryside.

21. In summary the site selection has resulted in a site which can be accommodated within the existing landscape, has no detrimental impact on the landscape and provides a much needed community service in that location. It is therefore considered that the proposal complies with the relevant development plan policies relating to the location of the facility on an edge of centre site.

3 23041282.1 Page 162 Agenda Item 7

22. In addition Policy ST11 (2) provides “ a flexible approach to employment land release will be adopted in response to relocation or expansion proposals that will contribute to improvements in the economy of Northern Devon”,

23. “Councils will support the modernisation of employment sites… in some instances this may include support for the relocation of businesses to other locations with Northern Devon to address operational and efficiency issues that could not otherwise be addressed. These are precisely the issues that the Applicant faces.

24. The visual impact of the development on the landscape, in terms of the initial pre-application the proposal submitted with the pre-application has been totally redesigned as a result of the comments received from the Council and you will see from the site plan as proposed the proposal has been modified to take advantage of existing levels and landscape to ensure that the proposal is visually un-intrusive when viewed from various viewpoints. The funeral home has been developed into the contours of the land so that it is as un-obtrusive as is possible and respect the natural land form.

25. In terms of size because the main building incorporates everything on a purpose built facility it achieves a modest increase in floor space as well as a modest decrease in the combined vehicle storage as these are now all co-located on one site.

26. Justification for a dwelling outside of the development boundary

27. It is appreciated that in order to justify a dwelling on the site there will need to be a full justification.

28. The business of a funeral director is not governed by strict working hours and there is an ongoing need to be close to the funeral home in order to administer the business. At the current site this is achieved either by somebody on occasion using the flat on site or living in close proximity to the site so that they can gain immediate access. An improvement to the service provided is sought by the application

29. The reason for the need for proximity to the site is many-fold but they can be summarised as follows:-

 The receipt of deceased persons can occur at any time of the day and night both locally or for instance as a result of repatriation of the deceased from a foreign country and the need to place the deceased's remains in the funeral home. As a consequence there needs to be the ability to access the premises at all times to facilitate this service.

 In terms of the running of the business and with modern lives, it is often the case that the relatives of the deceased may seek to enter the chapel of rest to view the deceased at often unsocial hours after they have worked or at weekends or when they have travelled from abroad and in order to provide the discrete and personal service that the applicant prides itself upon, there needs to be somebody close by to the chapel of rest so that these visits can be set up at very short notice.

 In terms of other requirements, often there are needs for doctors and on occasion coroner's officers to attend the deceased and complete paperwork in order for cremation or internment to take place. By virtue of their roles often this is at either the beginning or the end of a long working day and again there is a need for flexibility so that the process can be completed with the minimum of delay and the ability to have an employee on site to provide this service is essential.

4 23041282.1 Page 163 Agenda Item 7

 There are also the need to ensure the premises are secure to provide peace of mind of the clients and that if there is a need for either early movement or late movements on the site this can be coordinated and controlled by the occupier of the employees dwelling.

 In this regard the ability to have an employee on site to effectively run the business smoothly is essential for the operation of business such as a funeral undertaker.

30. Transport considerations:

The transport considerations of the proposal have been examined by Peter Brett Associates and were submitted with the pre-application consultation to which the highway authority had no objection. For ease of reference a further copy of the transport assessment will be enclosed with the application.

31. Flood Risk Assessment and Drainage strategy:

A flood risk assessment and drainage strategy is enclosed with the application. Put simply the aim is to attenuate any surface water generated by the proposal through an attenuation pond and attenuation measures so that any surface water that leaves from the site will drain into an existing sewer but will have the benefit of being attenuated and all foreign material removed before the water enters the surface water sewer.

32. The proposals have been put to the flood risk officer at Devon County Council who in principle has no objection to the proposal as it will result in a more attenuated flow of surface water from the site that currently exists.

33. Pre-Application Consultation and letters of support:

The applicant has carried out a formal public consultation and a copy of the Peter Brett report has already been forwarded with the pre-application consultation but a further copy is enclosed with the application for ease of reference. In addition to this the client has been discussing its proposals with its local business community and contacts and a number of letters of support have been received and they are enclosed as Appendix 4.

34. Conclusion:

In summary the proposal to relocate the funeral home to Fremington would appear to be in compliance with the development plan and the benefits of relocating the home appear far in excess of any perceived detriments. There are no material considerations which have been identified which would be to the detriment of the scheme. Therefore the application should be considered by the authority on that basis.

5 23041282.1 Page 164 Agenda Item 8

App. No.: 65904 Reg. : 05/12/18 Applicant: NORTH DEVON COUNCIL L. Bldg. : Expired: 30/01/2019 Agent : Parish : BARNSTAPLE Case Officer : Mr M Brown

Proposal: INSTALLATION OF STONE PATH & TIMBER POST & RAIL FENCE Location: JORDAN CLOSE, BARNSTAPLE EX32 9DN

PROPOSAL

Installation of stone path & timber post & rail fence on land abutting Jordan Close play area, Newport, Barnstaple.

RECOMMENDATION

APPROVE

SITE AND SURROUNDINGS

The planning application site is located to the west of the Jordan Close play area. An existing hedge separates the application site from the play park. The play park is at a lower level than the application site. To the west of the application site is an area of residential parking and further to the west is the housing of Jordan Close. The site currently comprises of grass and there is an access through a hedge onto a path just prior to the southern end of the play area.

REASON FOR REPORT TO MEMBERS

The applicant is North Devon Council and the site is on Council maintained land.

POLICY CONTEXT

The North Devon and Torridge Local Plan has recently been adopted and the following policies are relevant:

North Devon and Torridge Local Plan (2011 – 2031)

DM01 – Design DM04 – Amenity DM05 – Highway safety ST14 – Enhancing Environmental Assets ST03 – Adapting to Climate Change and Strengthening Resilience

The National Planning Policy Framework is a material consideration.

CONSULTEE RESPONSES

Town Council – Comments awaited. DCC Highways – No objection

Page 165 Agenda Item 8

REPRESENTATIONS

At the time of preparing this report 0 letters of representation have been received relating to the application.

PLANNING HISTORY

No relevant planning history.

SUMMARY OF ISSUES

• Design • Amenity • Highway safety • Enhancing Environmental Assets • Flood Risk

PLANNING CONSIDERATIONS

By way of background. The adjacent play area has been used as a cut through to Tesco’s, including dog walkers. This has lead to dog fouling and dog waste in the bin as well as clashes between people using the play area and dog walkers (dogs are banned in NDC play areas). Extra barriers and signing has been put in place to discourage the use. The applicant has advised that this has worked well, but walkers are using the grass area (the area the subject of this application) to get to the path at the end of the play area which is becoming wet and muddy in bad weather. Hence this application.

The path is separated from nearby housing by a parking court and ultimately it should reduce community conflict. As such no unacceptable amenity impacts are identified.

The design of the scheme will not be out of place in such an urban context.

The path will remain separated from vehicular movements as such it is considered acceptable in highway safety terms and will also improve connectivity overall.

Given the urbanised and closely mown nature of the site no unacceptable impact on protected species is identified. Furthermore, keeping more people to a formalised path should reduce any ecological impacts currently experienced, through walkers not keeping to an identified area.

No increased flood risk is anticipated due to the construction methods proposed and as any additional run off will be directed to a permeable surface.

CONCLUSION

The proposal should reduce community conflict and improve safety with minimal impact on the area as outlined above. The proposal is therefore considered to accord with the development plan with public benefit outweighing any harm. Approval of the application is therefore recommended.

Page 166 Agenda Item 8

HUMAN RIGHTS ACT 1998

Article 8 – Right to Respect for Private and Family Life THE FIRST PROTOCOL – Article 1: Protection of Property

DETAILS OF RECOMMENDATION

APPROVE subject to the following planning 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 plans submitted as part of the application, numbers NDC001, NDC003, NDC004, NDC005 and received on 5 December 2018, ('the approved plans').

Reason: To confirm the drawings to which the permission relates and to ensure the development accords with the approved plans.

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 consideration of design, amenity, highway safety, environmental assets and flood risk.

INSERT(S) TO FOLLOW OVERLEAF 1. OS Location Plan

Page 167 Agenda Item 8

Copy Supplied to Accompany Planning 65904 - Jordan Close, Barnstaple Committee Report Scale: 1:5000 Lynton House, Commercial Road, Page 168 Date: 13th February 2019 Barnstaple, EX31 1EA © Copyright and database right 2017 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. Agenda Item 9

App. No.: 65980 Reg. : 11/12/2018 Applicant: MR IAN BERWICK L. Bldg. : Expired: 05/02/2019 Agent : ACORUS Parish : PILTON WEST Case Officer : Mr M Brown

Proposal: REMOVAL OF CONDITIONS 3 (PEDESTRIAN / VEHICULAR ACCESS), 4 (ALTERNATIVE ACCESS ARRANGEMENTS) & 5 (EXISTING ACCESS) ATTACHED TO PLANNING PERMISSION 62729 (CONVERSION OF BUILDING TO FORM ONE DWELLING) TO ALLOW THE USE OF THE EXISTING ACCESS Location: TWINMOOR VIEW, BARNSTAPLE EX31 4JG

PROPOSAL

This application seeks to remove planning conditions 3, 4 and 5 imposed to secure a new access as part of a detailed planning permission for the conversion of a barn to form one dwelling.

The decision notice for permission 62729 states:-

(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 plans submitted as part of the application, numbers JW/0802/0212 200-04 and JW/0802/0714/ 200-01 A and received on 21st April 2017, ('the approved plans').

Reason: To confirm the drawings to which the permission relates and to ensure the development accords with the approved plans.

(3) Within two months of the date of this decision, details of an alternative pedestrian and vehicular access arrangements reflecting either of the arrangements noted in this Agenda Report so as to serve as the sole pedestrian and vehicular access to the application site shall be submitted to and approved in writing by the LPA.

Reason: In the interests of residential amenity.

(4) The alternative access arrangements required by Condition 3 above shall be practically and substantially completed to the written satisfaction of the LPA within nine months of the date of this Decision Notice and thereafter retained as the sole pedestrian and vehicular access to the application site.

Reason: In the interests of residential amenity.

Page 169 Agenda Item 9

(5) Within 9 months of the date of this Decision Notice, use of the existing access in connection with the application site, other than to serve the properties known as The Barns and The Gables, shall permanently cease and exclusive and sole access to the application site shall be via the alternative access arrangements required by Condition 3 above.

Reason: In the interests of residential amenity.

(6) The development shall thereafter be implemented fully in accordance with the above noted requirements of the above noted conditions.

Reason: In the interests of residential amenity.

RECOMMENDATION

REFUSE

SITE AND SURROUNDINGS

The application site is located to the north of Roborough Road, Barnstaple, which is to the north of the District Hospital. The present access to the site is shown by way of an un- adopted access lane which results in movement to and from the site passing across land in the ownership of the immediately adjoining properties known as The Gables and The Barns (it is this access that the current application seeks to continue to use).

There are currently three buildings on the application site which comprises elevated land which forms part of the attractive rural backdrop to Barnstaple. The building the subject of this application is to the north of the complex, there is an approved holiday let barn conversion to the south. The holiday let although part converted has not to date been used for that purpose it is understood. There is also a shippen on the site which when last inspected was used for the storage of tools in the main. The shippen also benefits from a planning permission for use as a holiday let.

The barn the subject of this application has permission for B1 use. Your Officers have been declined access to the site so are unable to give an up to date picture of the use of this building or site.

REASON FOR REPORT TO MEMBERS

To determine the application given the deliberations of members with regard to the original application and having regard to the extensive planning history.

Page 170 Agenda Item 9

POLICY CONTEXT

Development Plan

Adopted North Devon and Torridge Local Plan STY1 Settlement Policy DM04 Design DM04 Landscaping DM01 Amenity Considerations ST03 and ST14 Flooding and Water Quality ST14, DM02 and DM08 Biodiversity DM05 and DM06 General Highway Considerations and Parking DM27 The Re-use of Buildings in the Countryside

Material Considerations National Planning Policy Framework

CONSULTEE RESPONSES

Pilton West Parish Council: As the time scale for construction of the access has not been met the District Council advise the applicant that the Planning Permission has lapsed and instruct their legal team appropriately.

Natural England: Standing advice to be applied – no objection raised.

REPRESENTATIONS

At the time of preparing this report 7 letters of representation have been received relating to the application (copies of these letters have been appended to this report).

The issues raised relate to:

• Planning and enforcement history • Highways/access arrangements

PLANNING HISTORY

Reference Details Decision Date No. NI 5238 Proposed school classrooms Approved 28.11.61 NI 7022 Proposed building sites (4) Refused 11.03.64 NI 10123 Proposed residential development and Refused 16.06.67 accesses NI 11010 Proposed dwellings (3) and conversion: Barn Refused 26.03.68 to Garages Appeal Dismissed 14.10.68 83/1873/51/3 Proposed conversion of disused stables and Refused 20.12.83 outbuildings to bungalow and studio flat 84/515/51/3 Proposed conversion of disused stables and Refused 05.06.84 outbuildings to bungalow and studio flat Appeal Dismissed 06.12.84

Page 171 Agenda Item 9

Reference Details Decision Date No. 85/160/51/3 Conversion of outbuilding to form bungalow Refused 10.05.85 and studio flat and formation access Appeal Dismissed 27.02.86 22114 Application for consent for works to trees in an Approved 01.07.96 area covered by a Tree Preservation Order in respect of felling of beech tree and to clear area of woodland for replanting plus lopping and topping of various trees 23309 Agricultural building notification in respect of Prior 11.05.97 proposed erection of extension to existing approval agricultural building not required 35527 Conversion of barn to form 1 no. dwelling Refused 10.02.04 38364 Application for consent for works to trees Approved 07.10.04 covered by a tree preservation order in respect of various works to various trees 38727 Conversion of barn to form 1 unit of holiday Refused 10.12.04 accommodation 39869 Temporary siting of caravan for use as a Refused 26.05.05 dwelling 40235 Conversion of stables to form 1 dwelling Refused 18.11.05 42593 Conversion of stables to form 1 unit of holiday Approved 06.10.06 accommodation, change of use of barn to form workshop & temporary siting of mobile caravan 46859 Conversion of stable into holiday unit, change Approved 29.04.09 of use of barn to rural workshop & temporary siting of caravan 49029 Application for lawful development certificate W 30.09.09 for an existing use of barn as one residential dwelling 53709 Change of use of barn (with current B1 Refused 06.09.12 permission) to a live/work unit, the conversion Appeal of a shippen to tourist accommodation, and the Dismissed 16.09.13 change of use of land for the siting of 1 log cabin to provide tourist accommodation. 55052 Change of us of a barn (with current B1 Withdrawn 13.06.14 permission) to an occupational dwelling and conversion of shippen to tourist accommodation 57352 Prior Approval for proposed change of use of Withdrawn 27.05.14 building from office (use class B1) to single dwelling house 57817 Conversion of barn to residential use and Refused 02.10.14 former shippen to self catering tourist Appeal accommodation Dismissed 30.01.15 62729 Conversion of barn to form one dwelling. Approved 22/09/17 63840 Approval of details in respect of discharge of Approved 04/12/17 condition 3 (vehicular & pedestrian access arrangements) attached to planning permission 62729 Page 172 Agenda Item 9

Reference Details Decision Date No. 63846 Conversion of shippon building to residential Approved 21/12/17 accommodation (restricted to holiday use by planning condition) Not implementable until access sought by 62729 is provided.

ENFORCEMENT HISTORY

An Enforcement Notice dated 3 June 2010 was served regarding non-compliance with conditions 3 and 4 attached to planning permission 46859 which restricted use of the former barn building, the subject of this application, to B1 and sought removal of a caravan and cessation of permanent residential use of the site.

This was subject to an appeal, which upheld the requirements of the Enforcement Notice on 5 May 2011 following a Public Inquiry.

The Notice remains to be complied with in terms of residential occupation of the site (it is understood that the holiday let (former stables) is essentially occupied as a permanent residential unit).

Notwithstanding this requirement and continuing concerns being presented to the Council requesting that it enforce compliance with the requirements of the upheld Notice, no further legal action has been taken to date. It was however anticipated that the appropriate determination of the previous application and compliance with the imposed conditions would have resolved these enforcement concerns and thereby avoided the need to consider further action.

SUMMARY OF ISSUES

• Principle of Development • Highways • Amenity

PLANNING CONSIDERATIONS

Members will recall that the original application was considered at their meeting in June 2017 with the application having an Officer recommendation of refusal. The recommendation stated:-

(1) The creation of a new dwelling in this location would conflict unacceptably with the development plan and national policy for guiding the location and circumstances of new homes in the countryside due to its countryside location. Furthermore the intensification of use on the site would be likely to have a significant harmful impact on the living conditions of nearby residential occupiers of the properties known as The Gables and The Barns due to the increase in noise and disturbance associated with vehicular movements in association with the site. The proposal is therefore considered to be contrary to Policies DVS3 of the local plan and a core planning principle of the National Planning Policy Framework, which always seek a good standard of amenity for all existing and future occupants of land and buildings and Policy ECN5 of the adopted North Devon Local Plan which seeks to restrict development in the countryside.

Page 173 Agenda Item 9

At this June 2017 meeting the Planning Committee resolved:

‘Resolved (9 for, 2 against, 1 abstained) that the conversion of the building to form one dwelling be supported in principle and that the application be DEFERRED for two cycles pending an investigation to see if it is feasible and viable to find an alternative access to the site so as to address neighbours’ concerns ’.

An update was provided to Committee at the August 2017 meeting and at their meeting in September 2017 when members were updated by the Planning Delivery Team Leader who advised the Committee that following discussions with the applicant and objectors a new access formed off of Roborough Road had been agreed. It was understood that the objectors had withdrawn their objections to the application on the basis of this. Mr Neve who had been registered to speak as an objector confirmed that he did not wish to address the Committee.

Members subsequently ‘resolved (unanimous) that the application be approved as recommended by the Chief Planning Officer.’ This decision is reflected in the planning conditions outlined above.

Principle of Development

The application is considered to be sufficiently detailed and accurate to be valid and enable the Local Planning Authority to determine the application.

As set out by the Planning Inspector in his consideration of the most recent planning appeal in January 2015, the site lies outside, albeit fairly close to, the settlement boundary for Barnstaple, but nevertheless within the countryside.

Since this time and since the previous application was granted the North Devon and Torridge Local Plan has been adopted.

Adopted Local Plan Policy DM27 allows for the conversion of disused and redundant rural buildings. The applicant states that the building is used for B1 purposes. As such it would seem to fall foul of the policy as it is not redundant.

Furthermore Criterion (b) of Policy DM27 would require any such conversion to have a positive impact on its immediate setting, which is also in accordance with the Framework. This supports a residential use but only if it would lead to an enhancement of the immediate setting. In determining the most recent planning appeal, the Planning Inspectorate was not convinced that the re-use of the barn as a dwelling would lead to an enhancement to the building’s immediate setting and the special circumstances required by the Framework were not considered to have been met.

Highway and Amenity

There have been extensive discussions regarding theoretical traffic movements generated with the use of the site. This was most recently addressed in the January 2015 Appeal Decision Letter, a copy of which is attached to this Agenda Report.

Paragraph 11 of the Decision letter stated “ …my findings remain consistent with those of the previous appeal Inspector who concluded that there could be a considerable increase

Page 174 Agenda Item 9 in noise and disturbance that would significantly harm the living conditions in these properties. This would be contrary to LP Policy DVS3 and a core planning principle of the Framework, which is to always seek a good standard of amenity for all existing and future occupants of land and buildings.

This current application reverts to the issues considered previously. Central to determination of the previous application was that an alternative access arrangement was proposed and as such addressed amenity concerns. However, the alternative access is no longer proposed. In this regard the applicant states:-

“The applicant has made all reasonable attempts to provide a new access as required by the planning conditions, however it is not viable to proceed as planned as there are financial and operational restrictions to the viable alternative options.”

This is set out further in section 5 of the applicants statement which is appended to this report. This also includes vehicular movements that may result if permission 63846 (conversion of shippen to holiday let) is implemented.

The previous Inspector concluded that “The traffic figure for the B1 use has been derived from figures given by the Highway Authority. These are based on the floorspace of the building. It is plain however that no such traffic has ever been generated by any such use of the site. Neither is there any substantive evidence to indicate that such traffic numbers, or movement by a vehicle heavier than a car or light van, would ever occur in relation to the use of the barn which, in my opinion, would be unlikely given the restricted width of the access and the limited parking, servicing and vehicle turning space that is available around these buildings. Although it would be appropriate to take an estimated figure for traffic movements that are permitted from the site, this should reasonably take on board the capability and constraints of the site, as well as the floorspace of the building. It is my view that the figures given are an exaggeration of what would ever be likely to happen if a B1 use were to take hold. Moreover, given that neither of the permitted uses appear to have commenced, it is also clear that actual traffic movements to and from the site, in terms of both numbers and frequency, are significantly below the appellant’s estimated figures.

In the absence of a clear and evidenced analysis of the site’s actual capabilities in terms of accommodating traffic associated with a viable B1 use, I am unable to make a firm judgement over the true impact of traffic numbers associated with the proposal. I have no reason to question the 13 movements that are estimated from the proposed uses. However, when these are added to the 5 that would be associated with the permitted holiday let, it is possible that the result would be a serious escalation of movement to and from the site passing close to the immediately adjoining properties at The Gables and The Barns. In these circumstances my findings remain consistent with those of the previous appeal Inspector who concluded that there could be a considerable increase in noise and disturbance that would significantly harm the living conditions in these properties. This would be contrary to LP Policy DVS3 and a core planning principle of the Framework, which is to always seek a good standard of amenity for all existing and future occupants of land and buildings.”

These latter vehicle movement numbers (13 and 5) were reflected in correspondence between the Planning Manager and the Applicant in July 2014. However, the Planning Inspector concluded, as set out above, in January 2015.

Page 175 Agenda Item 9

The material planning concerns in respect of access and traffic movements do not relate to highway safety concerns but instead relate to the unacceptable impact of increased use of the existing access on the residential amenities of occupants of the adjoining dwellings. As set out in the previous appeal decision an increased use of existing access arrangements whilst considered acceptable on highway safety grounds was not considered acceptable on the grounds that this would exacerbate concerns relating to the unacceptable impact on the residential amenities of occupants of adjoining dwellings.

The applicant sets out that the proposal will generate less traffic than the current uses on the site. Appendix 1 of their supporting statement sets this out. Irrespective of what may or may not be agreed as a baseline for existing traffic generation from the site, the resolution of Members at the June 2017 Planning Committee reasonably required consideration of alternative access arrangements so as to overcome these residential amenity concerns.

The application falls to be determined on the basis of using the existing access which runs past the residential properties that the appeal Inspector sought to protect in terms of amenity.

In terms of consistency, having regard to the planning appeal, and application of planning policy it is concluded that an unacceptable amenity impact on neighbouring properties will occur due to vehicles passing neighbouring residential properties.

CONCLUSION

Importantly, in the previous decision members were advised that as a feasible and viable revised access arrangement was achievable and it clearly represented a material change in planning circumstances allowing the application to be approved subject to planning conditions.

As this is no longer the case the previous concerns with regard to amenity are raised again. The proposal will result in a change of character of traffic passing the residential properties adjacent to the site resulting in an amenity impact on these occupiers. This concern was raised by an Inspector who noted the constraints of the site in terms of access and authorised use in terms of likely vehicular movements and associated amenity.

On this basis, it is considered that a recommendation of refusal be put forward due to negative amenity impacts.

HUMAN RIGHTS ACT 1998

Article 8 – Right to Respect for Private and Family Life THE FIRST PROTOCOL – Article 1: Protection of Property

Page 176 Agenda Item 9

DETAILS OF RECOMMENDATION

REFUSE for the following reason:- The intensification of use on the site would be likely to have a significant harmful impact on the living conditions of nearby residential occupiers of the properties known as The Gables and The Barns due to the increase in noise and disturbance associated with vehicular movements in association with the site. The proposal is therefore considered to be contrary to Policy DM01 of the adopted North Devon and Torridge Local Plan and a core planning principle of the National Planning Policy Framework, which always seeks a good standard of amenity for all existing and future occupants of land and buildings.

Statement of Engagement In accordance with paragraph 38 of the National Planning Policy Framework the Council works in a positive and pro-active way with Applicants and looks for solutions to enable the grant of planning permission. This has included consideration of amenity impacts. However in this case the proposal is not sustainable development for the reasons set out and the Council was unable to identify a way of securing a development that improves the economic, social and environmental conditions of the area.

INSERT(S) TO FOLLOW OVERLEAF 1. OS Location Plan 2. List of representations names and addresses 3. Representations x7 4. Appeal decision 57817 5. Applicant’s supporting statement

Page 177 Agenda Item 9

Copy Supplied to Accompany Planning 65980 - Twinmoor View, West Pilton Committee Report Scale: 1:5000 Lynton House, Commercial Road, Page 178 Date: 13th February 2019 Barnstaple, EX31 1EA © Copyright and database right 2017 Ordnance Survey Licence No. 100021929. No unauthorised reproduction permitted. Agenda Item 9 Neighbour Representations List for Application No 65980

3LETTER(S) OF OBJECTION

MR R NEVE THE GABLES ROBOROUGH Date Received: 10-Jan-19 MIKA CLAYTON THE BARNS ROBOROUGH Date Received: 11-Jan-19 HAWK CREST JOHN BAYNES-REID SHEVISHAIES FARM Date Received: 17-Jan-19

4LETTER(S) OF SUPPORT

THE OWNER/OCCUPIER WINDEN WOOD PILTON WEST Date Received: 24-Jan-19 KATIE PALMER TWINMOOR VIEW PILTON WEST Date Received: 18-Jan-19 Date Received: 21-Jan-19 Date Received: 14-Jan-19

30 January 2019 Page 179 Page 1 of 1 Agenda Item 9

The Barns, Roborough, Barnstaple, North Devon, EX31 4JG

9th January 2019

Dear Mr Brown,

We wish to raise our concerns and objections regarding application 65980 for the lifting of conditions regarding the Twinmoor application 62729.

We have objected to 4 previous applications and 62729 made on behalf of the applicant to gain residential planning permission for Twinmoor View. These applications have previously been refused, upheld on appeal or withdrawn as permission was known to be likely to be refused. The reasons for refusal have been around the adverse effects of traffic on privacy and amenity that increased occupancy of the site would have on nearby neighbours. The latest inspectors report in January 2015 dismissed the appeal in part because “the intensification of use on the site would be likely to have a harmful impact on the living conditions of nearby occupiers.”

The latest Twinmoor application 62729 was granted in September 2017 subject to conditions that had been agreed after much negotiation involving planning officers and the Chairman of the Planning Committee that would best meet the needs of all parties on both sides, by opening up a private entrance to Twinmoor View directly from Roborough Road.

The time frame for these conditions to be met is long past. The applicant continues to live on the site without complying with the conditions, despite an enforcement notice that has been in place since 2010.

During this time the access road owners have all done as suggested by the council and have used a solicitor to act on our behalf to hold funds to be utilised to help fund the work required to open up a private entrance to the site. This money is still being held by the solicitor, and has been for over a year, to be paid on completion of the works and complying with the agreement.

We would ask the planning department/committee to consider the significant and detrimental effect this ongoing situation has had, and is having, on all the parties concerned when considering the decision.

There has been a long history of applications and appeals for this site that have continued to be denied due to the effects it would have on others living close by. Those reasons have not changed and we would ask that the lifting of conditions set out in 62729 not be granted.

Yours sincerely,

Dr Mark and Mrs Mika Clayton.

Page 180 Agenda Item25 mb 9 H A W K C R E S T

SHEVISHAIES FARM * CULLOMPTON * EX15 1PF Telephone : +44 (0)1884 35808 * Mobile : 07836 612175 Email : [email protected]

Dear Mr. Brown,

TWINMOOR VIEW, Roborough Road.

Reference : Planning Application No : 65980 - for the removal of conditions set by the Planning Committee for provisional approval of Application 62729.

*********************

We believe that the submission by Acorus, acting as as Agent for the applicant, is incorrect in its outline and report of the process of negotiations both before and following the decision to grant a “provisional planning approval” under Application 62729, subject to Conditions, to which the Planning Ofﬁcers and the Committee had given careful consideration.

Prior to the Conditions being set out both the Planning Ofﬁcers and Committee Members spent considerable time negotiating with all parties and spelled out to the applicant that only by the achievement of the alternative access to Twinmoor View, could the Planning become extant.

The Contractor who was to facilitate the works in providing the new access, met with the Planner and the applicant several times on Site and ﬁnally agreed a route for the Driveway. The Contractor also agreed the cost for the initial contract with the applicant.

Independently a sum sufﬁcient to cover the initial contracted works was passed to and held in escrow by a local Solicitor payable in full to the applicant upon completion of the New Access and the construction of the Wall closing off of the existing Twinmoor View Driveway, the Deed of Surrender entered into by all Parties would have been activated and the monies paid over to the Applicant. This money is still held, some one year on, by the Solicitor on behalf of the Neves, Claytons and Timperleys.

However, when the Contractor attempted to establish ﬁnal details of the works, the Applicant sought to alter the route and thereby the depth of excavation and ﬁnishing works, raising the amount of spoil that would result by 5 times.

Finally, the Contractor having returned several times to negotiate and agree the route with both the Planner and the Applicant, became totally frustrated with the Applicants constant alterations and demands and resigned from the project.

Registered Ofﬁce : 21 Bampton Street * Tiverton * Devon * EX16 6AA Registered in England & WalesPage 181 Company No. 4572198 Agenda Item 9

In retrospect it could be considered that the Applicant has prevaricated to avoid carrying out the works to meet the Conditions attached to the provisional Planning Application as the time period for completion of the works is long overdue.

One of the main reasons for the last application being considered for Approval, was due to the inclusion of the conditions. These were determined by the Plan- ners and the Committee as necessary and without which the Application should fall.

The current application seeks to remove all the Conditions as applied for very good reasons, and as such and would unduly exacerbate the problems that necessitated them being applied in the ﬁrst instance.

We respectfully request, taking account of the foregoing, that this Application be refused.

Yours sincerely

John Baynes-Reid Acting as Agent for John Timperley 15th January 2019

Page 182 Agenda Item 9

Winden Wood Pilton West Barnstaple Devon EX31 4JQ

24 th January 2019

Ref Twinmoor View Application 65980

Dear Mr Brown,

I would like to submit this representation in support of the application. I note that representations have already been submitted by owners of neighbouring properties and the agent acting on behalf Mr. Timperley who owns land adjoining this site.

After reading the above representations it is clear that both agent and owners of the neighbouring properties continue to misrepresent the facts surrounding this, and previous applications in a manner which seeks to discredit the applicant. Those urging the Planning Authority to refuse this application continue to be manipulative and exaggerate the impact on them by the applicant. The ‘adverse effects’ which are described as having an impact on the neighbouring properties privacy and amenity due to traffic generated by Twinmoor View seem grossly overstated, given that this still remains a public right of way. This same right of way is in regular daily use by other cars and commercial vehicles and equally impacts the privacy and amenity of neighbours, however, this is never mentioned and sadly not in their control. The applicant has done all he can to comply with the demands placed upon him by neighbours and has agreed to forfeit his rightful access should a viable alternative be proposed. The events that led up to the applicant’s decision to submit this application and reasons why are set out below and I hope to illustrate that those seeking to oppose this application are distorting the facts of the matter.

Should this application be considered at Committee stage it seems pertinent to remind application was conditionally approved.

Unlike the agent acting on behalf of Mr. Timperley, I did attended the Planning Meeting along with others when application 62729 was considered by the Planning Committee on 14th June 2017, and it was evident to us that in the light of recent changes to the N.D.Planning Policy, the majority of Members were minded to give approval. Members were then persuaded to support a suggested last minute deferral by the Planning Manager, who proposed that a feasible and viable alternative access be sought in order to address neighbour’s concerns. Members then agreed that the final decision should be deferred for two cycles. Members quite reasonably agreed that this delay in resolving the application would be worthwhile if a ‘feasible and viable alternative access’ could be found to address neighbour's concerns. At the Planning Committee meeting of 9th August 2017, the Planning Manager provided an update and advised that substantial progress had been made in relation to an alternative

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access, the estimated cost being in the region of £10,000. The estimated cost had been provided by a local contractor, but clearly did not take into consideration the removal of spoil from the site and other associated works. Following discussions with all parties Mr. Timperley, via his agent, agreed to the dispersal of the spoil on his land. Given the commitment on the part of Mr. Timperley, the applicant agreed to the proposal and this led to the decision by Members to give conditional consent at the following Committee Meeting on 13th Sept 2017. During that meeting, a letter of intent from Mr. Timperley’s agent was read to Members expressing willingness on the part of the other parties to contribute towards the estimated cost. After further fraught negotiations and much more detailed work between parties over many weeks the revised estimate of cost was agreed at £21,800 to be shared 4 ways, the applicant’s share being £5,400. Clearly at that point the estimated cost had escalated to more than double that suggested at the August Planning Meeting. A proportion of the required funding from the other parties was then placed in escrow with an agent. Soon after what appeared to be a reasonably amical agreement between parties it became apparent that significantly more spoil would have to be accommodated on the adjoining land owned by Mr. Timperley. This prompted Mr. Timperley and his agent to withdraw the offer to accommodate the spoil, leaving the applicant with the responsibility and cost of disposal. (Estimated at 2500 tons or Qty. 250 x 10 ton loads, the cost running into tens of thousands of pounds)

Fifteen months on it has not been possible for the applicant to satisfy the conditions imposed on him and this has resulted in a total breakdown amongst the parties involved.

This situation has mainly arisen due to the following;

a) Mr. Timperley (and his agent) refused to accommodate the increased amount of spoil on his land.

b) An attempt by the applicant to find an alternative site for disposal of spoil failed, and the issue cost and how to dispose of the spoil continues to be a problem.

c) Mr. Timperley's agent, contrary to what was said in his recent representation attempted to change the routing of the proposed access so as to generate less spoil. This would have been completely unacceptable to the applicant. The applicant has always supported the access route originally submitted and approved by planning, contrary to the statement made by Mr. Timperley's agen t.

It is now apparent that the proposal presented to Members at the August meeting by the Planning Manager with an estimated cost in the region of £10,000 was, in retrospect, totally unrealistic, Members being persuaded at that time that the proposal was indeed feasible and viable. It is clear that cooperation of Mr. Timperley and his agent was always key to the viability of the project and sadly it was withdrawn.

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The conclusion must be that any alternative access to this site is neither feasible or viable, the applicant’s existing access be accepted by all parties, and that the conditions imposed should now be removed.

The time has now come for the habitual objectors who have had their say and had their way for many years to recognise that the applicant has rights too, and I urge Planners and Members to approve this application and finally put this matter to rest.

Yours sincerely,

Peter Molony

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Planning Comments re Application 65980 .

The information contained in this submission by Acorus does not tell the story as I understand it.

I do not agree with their statement that The Planning Committee were ever of a mind to approve application 62729. A considerable amount of time and effort involving planning officers and the Chairman of the Committee went into the negotiations and compilation of the conditions imposed to meet the needs of all parties on both sides.

Since that agreement was verbally made there has been considerable argument about what was originally agreed. The applicant has continually changed his view causing the contractor who was involved to lose patience and Mr Timperley’s agent to completely disagree about the original amount of spoil to be dumped on his land.

A significant amount of time and money involving a solicitor has been invested by myself, my family and the Timperleys in trying to reach a reasonable solution to this saga which has been going on for over eight years. The maximum amount of money agreed last year is still lodged with our solicitor awaiting successful completion of the conditions.

The applicant has repeatedly disregarded planning regulations, building regulations and run roughshod over the enforcement notice that is still extant and has been since 2010.

In my view it would be a complete travesty of justice for this application to be approved. Bearing in mind the long history of applications and appeals for this site it would be more appropriate for approval 62729 to be withdrawn for failure to meet the imposed conditions by the required timescale.

R Neve. Owner of The Gables and associated access

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Sheena Hare

From: Sent: 13 January 2019 21:49 To: Planning Comments Subject: North Devon Council Online Planning - Comment

Application Number: 65980 Name: Katie Palmer Address: Twinmoor view ,pilton west ,Barnstaple ,N Devon ex314jg Comment Type: Support Comment: Dear sir, I would ask you to pass this application. I am the partner of Ian Berwick who has submitted this planning application. Yet again the objectors are trying to control both us and the planning committee by painting an inaccurate picture. Firstly they are trying to convince you that a residential access is more of an impact on amenity than a B1 commercial access the nonsense of which should demonstrates to you another agenda. With regards to the agreement to form a new drive we initially agreed to pay a percentage only in the name of fairness despite us already having a perfectly good access however we had no wish to appear unreasonable. only when the contract for the initial estimate was signed did they backtrack from accepting the spoil leaving us with considerable increased disposal cost payable only by us in addition to out 25% share of the costs which makes it unviable as well as unfair & unreasonable. We also tried to buy the strip at the top but again this was not possible, there is nothing more we can do but to waste more money on yet another application so I would ask you to finally bring this whole sorry saga to a close once and for all by passing this application.

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Sheena Hare

From: Planning Subject: FW: Twinmoor View 65980

From: Ian Berwick Sent: Friday 18 January, 17:15 Subject: Twinmoor View To: Michael Tichford, Ken Miles, Mike Mansell, Jasmine Chesters, david worden, Councillor Jacqueline Flynn

Dear Mr Tichford

As I am not the applicant I would like to add a representation for publication on your web site to address the issues raised by the objectors.

I've just submitted a rebuttal letter to try to undo the damage they are trying to cause. It reads.

I think it important to clarify a number of points to assist the committee in their deliberations. The background in accorus,s submission is factually correct all be it a short summary of events. This entire situation has been caused by Mr Neve trying to turn a drive which has access over it into a private drive which despite all the signs to the contrary it currently isn't in an attempt to improve privacy and an uplift in value of their two properties. Much was said at committee stage but particularly notable was it was highlighted by members that the onus of responsibility was on the objectors to find & agree a solution not the applicant. Another member said this bullying by the objectors has to stop & it has to stop now. Clearly this hasn't happened. The objectors would have you believe they are unwilling victims and portray an unjustifiable loss of amenity however this is not the case for number of reasons. The barns occupied by the Clayton's obtained planning consent many years ago while in the ownership of roger Neve at that time his application presented the identical impact on amenity to the owners of the house in the private drive passing next to their windows within feet. Similarly Mr Neve then purchased his current house and again obtained planning again despite any impact of amenity to that same house down the lane he chooses to ignoring this fact but at the same time suggests to the committee it's intolerable for him to endure the same, no he feels he is entitled to special consideration despite his self infliction of loss of privacy by his new build by adding additional rear windows near the drive exacerbating any lack of privacy particularly being all too aware of our existing b1 commercial and holiday use access entitlement at twinmoor View. The delay was not of our making it was caused by the objectors despite my constant documented attempts to speed things up which is a matter of record. We have done our upmost to arrive at a fair solution for all parties but it always proves unachievable the last attempt was quite recently again to try to buy the strip of scub land to the north including now with the addition of us accepting to meet all the cost to establish a new drive however yet again John timpery is the stumbling block as he is unwilling to help which is why we now are seeking to remove the conditions given the lack of viable alternatives.

We submitted drawings for the new drive which were passed by the council at no time did we want or ask to deviate from those drawings which again is documented with n many letter between Graham Townsend and my partner.

Katie palmer

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Kirsty Gilham

From: Sent: 18 January 2019 21:42 To: Planning Comments Subject: North Devon Council Online Planning - Comment

Application Number: 65980 Name: Katie palmer Address: Twinmoor View, Pilton West, Barnstaple, North Devon, EX31 4JG Comment Type: Support Comment: As the partner of the applicant I think it extremely important to clarify a number of points to assist the committee in their deliberations to redress some inaccuracies. The background in accorus,s submission is factually correct all be it a short summary of events. This entire situation has been caused by Mr Neve trying to turn a drive which has access over it into a private drive which despite all the signs to the contrary it currently isn't in an attempt to improve privacy and an uplift in value of their two properties. Much was said at committee stage but particularly notable was it was highlighted by members that the onus of responsibility was on the objectors to find & agree a solution not the applicant. Another member said this bullying by the objectors has to stop & it has to stop now. Clearly this hasn't happened. The objectors would have you believe they are unwilling victims and portray an unjustifiable loss of amenity however this is not the case for number of reasons. The barns occupied by the Clayton's obtained planning consent many years ago while in the ownership of roger Neve at that time his application presented the identical impact on amenity to the owners of the house in the private drive passing next to their windows within feet. Similarly Mr Neve then purchased his current house and again obtained planning again despite any impact of amenity to that same house down the lane he chooses to ignoring this fact but at the same time suggests to the committee it's intolerable for him to endure the same, no he feels he is entitled to special consideration despite his self infliction of loss of privacy by his new build by adding additional rear windows near the drive exacerbating any lack of privacy particularly being all too aware of our existing b1 commercial and holiday use access entitlement at twinmoor View. The delay was not of our making it was caused by the objectors despite my constant documented attempts to speed things up which is a matter of record. We have done our upmost to arrive at a fair solution for all parties but it always proves unachievable the last attempt was quite recently again to try to buy the strip of scub land to the north including now with the addition of us accepting to meet all the cost to establish a new drive however yet again John timpery is the stumbling block as he is unwilling to help which is why we now are seeking to remove the conditions given the lack of viable alternatives.

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Appeal Decision Site visit made on 7 January 2015 by John D Allan BA(Hons) BTP MRTPI an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 30 January 2015

Appeal Ref: APP/X1118/A/14/2227707 Twinmoor View, Roborough, Barnstaple, EX31 4JG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr I Berwick against the decision of North Devon Council. • The application Ref 57817, dated 15 July 2014, was refused by notice dated 2 October 2014. • The development proposed is the conversion of a barn to a residential use and a former shippen to self-catering tourist accommodation.

Decision

1. The appeal is dismissed.

Main Issues

2. The main issues are: - (i) whether the proposed residential use is appropriately located having regard to the housing objectives of the development plan and national policy, and (ii) the effect of the proposal on the living conditions of nearby occupiers with particular regard to noise and disturbance.

Reasons

3. The appeal site relates to two buildings, a former barn and a shippen. These are sited adjacent to a former stable block that is also within the appellant’s ownership. The barn has an extant planning permission (Ref 46859 dated 29 April 2009) for change of use to B1 (business). I saw that the shippen was in use for general storage. Despite what was stated on the application form, the barn was not in any obvious use for business purposes but appeared to be partly used as a residence and partly for ad-hoc storage. The 2009 permission also included the conversion of the stable block to tourist accommodation, works for which have commenced.

4. The site lies outside, albeit fairly close to, the settlement boundary for Barnstaple and within the countryside. In such locations Policy ECN5 ( The Reuse of Buildings in the Countryside ) of the North Devon Local Plan 1995 to 2011 (LP), adopted in July 2006, allows for the reuse of a building where:- (a) it is for employment, tourism, recreation or community uses; or (b) it is a residential conversion subordinate to a business reuse, or for an agricultural or forestry worker; or (c) it is a residential conversion which meets an identified

www.planningportal.gov.uk/planninginspectorate Page 190 Appeal Decision APP/X1118/A/14/2227707 Agenda Item 9

housing need in the local community. The aims and objectives of this Policy are consistent with the National Planning Policy Framework (the Framework) insofar as it seeks to promote a strong rural economy by supporting the sustainable growth of all types of business and enterprise in rural areas, but which also advises against the creation of new dwellings in the countryside unless there are special circumstances.

5. As with the 2009 permission in relation to the former stables, and consistent with the findings of a previous Inspector for an appeal decision dealing with similar issues relating to this site in September 2013 (Ref APP/X1118/A/13/ 2194051), the conversion of the shippen to tourist accommodation would, in principle, satisfy the tests within Policy ECN5. However, there is no evidence to suggest that the use of the former barn as a dwelling would be necessary in relation to any business use on the site. Neither would it be provided for an agricultural or forestry worker or to satisfy an identified local housing need. The proposal would therefore be in clear conflict with LP Policy ECN5.

6. The appellant has argued that the emerging local plan offers support for the reuse of rural buildings for, amongst other things, residential use and he points to Policy DM27 of that document. However, whilst the emerging plan has been subject to public consultation it has not been through an examination in public. Neither have I been provided with any other policies of the emerging plan that may be relevant but which I note the pre-amble to Policy DM27 advises may need to be considered so that the development plan is taken as a whole. Given these circumstances I attribute little weight to an argument that would appear, on the surface, to support the unregulated conversion of any rural building to a residence. In any event, I note that criterion (b) of Policy DM27 would require any such conversion to have a positive impact on its immediate setting, broadly in accordance with paragraph 55 of the Framework. This supports a residential use but only if it would lead to an enhancement of the immediate setting.

7. All of the buildings are in some kind of use and two have extant permissions for alternative purposes. They occupy a fairly prominent position on top of an escarpment and I have no doubt that they can be seen as a fairly tight-knit group from long distance views within the surrounding countryside. Nevertheless, they are remote from publicly accessible areas, being positioned at the end of a long, private access, and are reflective of many typical rural buildings. Furthermore, each is in a reasonable state of repair and I could detect nothing about the appearance of the barn, or its setting, that was harmful to the visual amenities of the area. As such, I am not persuaded that the re-use of the barn as a dwelling would lead to an enhancement to the building’s immediate setting. The special circumstances required by the Framework for a new home in this location are therefore not demonstrated.

8. The appellant has also argued that recent changes to planning legislation would enable the barn to change to a residential use without planning permission. However, there is no evidence to show a B1(a) (office) use is established at the premises. Neither is there any evidence to suggest that one is ever likely to occur, notwithstanding the unfettered and long-standing planning permission for B1 use. Furthermore, the building is not an established agricultural unit. These arguments therefore carry little weight in favour of the proposal.

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9. The appellant has argued that the proposal would result in a net reduction in traffic movements to and from his land. This is based on a theoretical estimate of 17 potential vehicle movements per day from the permitted B1 use and 5 vehicle movements from the permitted holiday let; 22 movements in total. In the appellant’s estimate the proposal would result in 18 movements per day from his land, 8 from the dwelling, 5 from the proposed holiday let, and 5 from the permitted holiday let.

10. The traffic figure for the B1 use has been derived from figures given by the Highway Authority. These are based on the floorspace of the building. It is plain however that no such traffic has ever been generated by any such use of the site. Neither is there any substantive evidence to indicate that such traffic numbers, or movement by a vehicle heavier than a car or light van, would ever occur in relation to the use of the barn which, in my opinion, would be unlikely given the restricted width of the access and the limited parking, servicing and vehicle turning space that is available around these buildings. Although it would be appropriate to take an estimated figure for traffic movements that are permitted from the site, this should reasonably take on board the capability and constraints of the site, as well as the floorspace of the building. It is my view that the figures given are an exaggeration of what would ever be likely to happen if a B1 use were to take hold. Moreover, given that neither of the permitted uses appear to have commenced, it is also clear that actual traffic movements to and from the site, in terms of both numbers and frequency, are significantly below the appellant’s estimated figures.

11. In the absence of a clear and evidenced analysis of the site’s actual capabilities in terms of accommodating traffic associated with a viable B1 use, I am unable to make a firm judgement over the true impact of traffic numbers associated with the proposal. I have no reason to question the 13 movements that are estimated from the proposed uses. However, when these are added to the 5 that would be associated with the permitted holiday let, it is possible that the result would be a serious escalation of movement to and from the site passing close to the immediately adjoining properties at The Gables and The Barns. In these circumstances my findings remain consistent with those of the previous appeal Inspector who concluded that there could be a considerable increase in noise and disturbance that would significantly harm the living conditions in these properties. This would be contrary to LP Policy DVS3 and a core planning principle of the Framework, which is to always seek a good standard of amenity for all existing and future occupants of land and buildings.

12. I have noted an alternative access to the site that would avoid passing any nearby properties. However, as this is not part of the appeal proposal it would not be appropriate to consider a condition that would require its use.

13. Overall, I have found that the creation of a new dwelling in this location would conflict with the development plan and national policy for guiding the location and circumstances of new homes in the countryside. I have also found that the intensification of use on the site would be likely to have a harmful impact on the living conditions of nearby occupiers. I have noted that, according to the appellant, one of the nearby properties is a converted barn and the other a replacement dwelling. However, I have no details of the specific circumstances behind the grant of any past permissions relating to these properties. In any event, the current appeal falls to be determined on its own merits and none of

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the arguments that have been put to me alter my conclusion that the appeal should fail.

John D Allan

INSPECTOR

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C H A R T E R E D S U R V E Y O R S & P L A N N I N G C O N S U L T A N T S

VARIATION/REMOVAL OF CONDITIONS RELATING TO APPLICATION 62729 - CONVERSION OF A BARN TO A RESIDENTIAL USE

Prepared for:

Mr I BERWICK Twinmoor View Pilton West Roborough Barnstaple Devon EX31 4JG

Date December 2018

Page 194 Agenda Item 9

Prepared By:

Laura Wall MRICS MBIAC Associate

Acorus Addlepool Business Centre Woodbury Road Clyst St George Exeter Devon EX3 0NR

Verified By:

James Whilding MRICS FBIAC Director

Acorus Addlepool Business Centre Woodbury Road Clyst St George Exeter Devon EX3 0NR

Direct line:

01392 873900

Email:

[email protected]

Acorus Rural Property Services Ltd

Registered in England No. 04514547

Registered Office: The Old Market Office, 10, Risbygate Street, Bury-St-Edmunds, Suffolk. IP33 3AA

Directors: Ted Rogers FRICS Brian Barrow MRICS Mike Bamforth MCIOB James Whilding MRICS FBIAC Anthony Atkinson MRICS FAAV

Page 195 Agenda Item 9

CONTENTS

Page

1. Terms of Reference 1

2. Disclaimer 1

3. The Proposal 2

4. Background 2

5. Planning Conditions 3

6. Planning Considerations 5

7. Evaluation and Conclusion 6

Appendix 1 - Previous Highways Information Relating to Twinmoor View

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1. Terms of Reference

1.1 Mr I Berwick (the applicant) has instructed Acorus Rural Property Service Limited to assist with the submission of an application seeking to remove planning conditions on application 62729 which was approved on 22nd September 2017 and allowed for the conversion of a building to form a dwelling at Twinmoor View, Roborough.

1.2 This report considers relevant planning policy, the merits of the proposal and the key issues relating to sustainability, design and access.

1.3 The report has been prepared by Laura Wall, an Associate of Acorus. I hold a Degree in Rural Enterprise and Land Management and a Professional Membership of the Royal Institution of Chartered Surveyors. I am also a Member of the British Institute of Agricultural Consultants. As a Chartered Surveyor I am bound by the Practice Statements issued by the Royal Institute of Chartered Surveyors, and I confirm that I have the necessary expertise to provide an opinion on the subject matter and that my evidence is produced in accordance with the RICS rules.

2. Disclaimer

2.1 This report is for the sole use of the named client. While it may be shown to other professionals acting for them, the contents are not to be disclosed to nor made use of by any third party without our express prior written consent. Without such consent we can accept no responsibility to any third party.

Signed ...... Laura Wall MRICS MBIAC on behalf of Acorus Rural Property Services Limited Dated ..... 10 December 2018 ......

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3. The Proposal

3.1 The proposed development relates to the removal of condition numbers 3, 4 and 5 imposed on planning application reference 62729 and the provision of a new access to serve the proposed development.

4. Background

4.1 The original application sought the conversion of the main barn (which had B1 permission) to form a 3 bed dwelling which would provide residential accommodation for the applicant and his partner. This would enable them to live and work on the holding.

4.2 The conversion was considered to be sustainable development and in accord with both (at the time) emerging Local Plan policies and the NPPF. It provided social, economic and environmental benefits to the applicant and his partner and resulted in the re-use of an existing building, and given the site’s location near to Barnstaple, it was deemed to be a sustainable location as the necessary services and facilities required for day to day life are within a short distance from the holding.

4.3 The application was considered at planning committee on 13th September 2017, and at the time Councillors resolved (unanimously) that the application be APPROVED as recommended by the Chief Planning Officer. Previous objections from nearby residents had been withdrawn, as they had agreed between the applicant and the objectors that a new access would be provided off Roborough Road.

4.4 Notwithstanding the above, it is understood that whilst it was approved subject to the provision of the new access, Planning Committee members were of a mind to grant approval of the application if a suitable alternative access could not be forthcoming at an affordable price.

4.5 The application was subsequently approved subject to planning conditions requiring the new access to be formed.

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5. Planning Conditions

5.1 The planning conditions imposed on application 62729, which are relevant to this submission state:

Reason: In the interests of residential amenity.

5.2 Prior to the application being granted approval, discussions had taken place between the applicant and the neighbouring properties/landowners. It had been agreed that:

 A new access would be provided from Roborough Road.

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 The cost for this was to be equally split between those who gained advantage including the applicant at the same percentage 25% each.  The spoil would be deposited on John Timperley's land above which was thought to minimise costs to all parties.

5.3 It is understood that a solicitor was engaged by the other parties, and a legal undertaking was then entered into by all, at a fixed amount to cover the costs as outlined (a fixed sum contract). However, once the contract was signed, estimates from various contractors began to rise and at the same time John Timperley's agent backed away from the agreement to take all the excavation spoil, with the result being that they were only willing to accept a fifth of the expected volume.

5.4 The above left the applicant with the potential for a dramatic increase in costs outside of the legal agreement and the likelihood of landfill disposal, on top of other escalating costs, all of which were not covered by the initial contract. The additional costs would make the new drive unviable when left to applicant’s sole responsibility.

5.5 The applicant did take further steps to locate another party to take the spoil. Despite an initial indication from a third party that he would take the spoil, this offer was subsequently withdrawn.

5.6 The applicant has considered alternative viable options, and has concluded that the only other remaining viable option is to create an access through the thin strip of trees to the north. The applicant does not own the land and, despite a number of attempts to try to purchase it, unfortunately the owner Mr J Timperley is unwilling to sell it.

5.7 The applicant has made all reasonable attempts to provide a new access as required by the planning conditions, however it is not viable to proceed as planned as there are financial and operational restrictions to the viable alternative options.

5.8 Given the above, the applicant now seeks the removal of the stated conditions (3, 4 and 5) and proposes to revert back to the use of the existing access to the site.

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6. Planning Considerations

Highways

6.1 Throughout the consideration of applications relating to this site, the applicant has maintained that the proposed residential use on the holding would represent a reduction in potential traffic accessing the site and therefore there would be a net reduction in traffic leading to an improved situation both in terms of highways and impact on residential amenity1.

6.2 The site is well located in relation to the existing road network. Access is via Roborough Road and the A39 leading to the wider Devon area.

6.3 Paragraph 32 of the NPPF states that plans and decisions should take account of whether safe and suitable access to the site can be achieved for all people. Development should only be prevented or refused on transport grounds where the residual cumulative impacts of development are severe. In this instance the traffic generated by one dwelling which replaces a more generally commercial permission, the impact would in fact be less and therefore any potential impact would be far from severe.

Amenity

6.4 There are two properties, “The Gables” and “The Barns”, which lie adjacent to the private road which currently provides access to Twinmoor View.

6.5 Given it is maintained that traffic movements in this case will be reduced as a result of the proposed development, it is reasonable therefore to conclude that the level of noise and disturbance will reduce and hence the living conditions at the neighbouring properties will improve, representing a positive benefit arising from the proposed development.

1 See Appendix 1 for previous calculation of likely traffic numbers

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7. Evaluation and Conclusion

7.1 It is considered that all reasonable attempts have been made by the applicant to create a new access to the site at Twinmoor View, however the prohibitive costs involved severely affect the viability of the options available.

7.2 The applicant believes that as the costs of the removal and disposal of the remaining spoil are now prohibitive, the proposal for a new drive is now unviable.

7.3 It is suggested that the proposal for a single dwelling in this location is sustainable without the need for a new access. It will reduce potential traffic generation compared to the permitted commercial use, and the proposal will result in minimal traffic generation. Safety on the nearby highway and the residential amenity of neighbouring residential properties will not be detrimentally affected.

7.4 It is understood that the Planning Committee were prepared to approve the original application if a satisfactory alternative access was not a feasible option, and this is the current situation.

7.5 It is therefore respectfully requested that this application, which would allow the use of the existing access rather than the provision of a new access through the removal of conditions 3, 4 and 5 from planning approval 62729, is supported by North Devon Council.

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APPENDIX 1

Previous Highways Information Relating to Twinmoor View

Discussions have previously been held with the planning department and County Highways to determine both current and future traffic numbers in view of the amenity issues raised as a result of an increase in traffic.

County Highways has confirmed the following expected level of movements:

EXISTING 1. B1 use - 17 no. vehicle movements per day based on floor area 2. Existing holiday use - 5 no. vehicle movements per day 3. Redundant shippen - 0 no. vehicle movements per day

TOTAL 22 vehicle movements/day potentially generated by the existing development

(It should be noted that the building is currently being used by a greengrocer as his distribution hub for vegetable boxes).

PROPOSED 1. Proposed dwelling up to 8 no. vehicle movements per day. 2. Existing holiday use - 5 no. vehicle movements per day. 3. Shippen to holiday - 5 no. vehicle movements per day.

TOTAL 18 vehicle movements/day potentially generated by the new development (at that time the above figures where collated).

The net result is a reduction in expected traffic movements from 22 to 18 movements per day – a reduction of approximately 20%. Furthermore, the replacement of the B1 unit with a residential (C3) use will result in a change in the type of vehicles potentially visiting the site with the residential users in the future being motor car based as opposed to the potential larger vans/lorries for the B1 use.

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