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Committee Report: 02-Oct-2012

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Committee Report: 02-Oct-2012 Application 62/64/12/001 Grid Ref. 285758 128870 No: Applicant: Mr R Milton, Higher Barton Farm West Anstey, South Molton, Devon Location: West Anstey Common, Devon Proposal: Proposed banking work to restrict unauthorised vehicular access to West Anstey Common. (Full) Introduction: The application proposes earth banking works to restrict unauthorised vehicular access on West Anstey Common. The application has been made following consultation exercises led by Exmoor National Park Authority on behalf of the West Anstey Environmentally Sensitive Area Agreement holders. Although the area is generally referred to as West Anstey Common and is registered as one Common it does cover several Commons, which include Anstey Rhiney Moor, Guphill Common, Anstey Money Common, Woodland Common and part of Twitchen Common. The area is designated Open Access Land for public access on foot and there are several public bridleways on it. There are also a number of viewpoints accessible by motor vehicle. The details submitted in support of the application explain that West Anstey Common is a fragile and important area and, is designated as a Site of Special Scientific Interest (SSSI) for its wildlife value. The moorland is also important for archaeology and landscape value as well as being important for recreation. The Common is currently identified as being in unfavourable condition by Natural England and one of the reasons for this status is recreational damage to the site including damage from motor vehicles. The application details explain further that around key parking areas vehicles are parked out onto the unsurfaced moorland and some vehicles are being driven across the moorland, which is causing harm to the condition of the land as well as its appearance. West Anstey Common has been banked along much of its length in the past and the car parks were also contained with banking. However, these have fallen into disrepair and are no longer effective ‘barriers’. The proposals are therefore to repair/create a ditch and bank along both sides of the ridge road from Molland Moor Gate (also known as Anstey Gate) to the cattle grid at Venford Moor and, along the western side of the track that follows the eastern boundary of Anstey Money Common. A ditch and bank will also be made around a number of existing parking areas including at the Froude Stone and, the proposals include maintaining or improving existing access points at public bridleways, parking areas and other locations to allow convenient access on foot, horseback and bicycle. The earth banks will be approximately 50cm high with a ditch of around 25cm depth behind (i.e. the side of the bank away from the public highway). This is a technique that has worked well in other similar locations and the works will 62/64/12/001 02 October 2012 EXMOOR NATIONAL PARK PLANNING COMMITTEE ‘naturalise’ over time. A metre high locking vehicle barrier set back from the highway is also required along the main ridge road to prevent unauthorised access along a track. Existing access points onto the moorland for grazier’s quad bikes, public bridleways and general public access on foot will be maintained or improved. The works if permitted will be funded by Natural England. The applicant is a Member of the National Park Authority and, because of this the application is presented to the Planning Committee. Consultee Response: MOLLAND ESTATE: No comments received WEST ANSTEY FARM STABLES: No comments received LISCOMBE RIDING STABLES: No comments received PINE LODGE RIDING STABLES: No comments received DEVON & SOMERSET BRANCH PONY CLUB: No comments received NORTH DEVON COUNCIL: No observations NORTH DEVON COUNCIL: No comments received WEST ANSTEY PARISH CLERK: No comments received MOLLAND PARISH COUNCIL: No comments received WITHYPOOL & HAWKRIDGE PARISH COUNCIL: No comments received ARCHAEOLOGIST - ENPA: No comments received LANDSCAPE OFFICER - ENPA: No comments received ROW AND ACCESS - ENPA: No comments received WILDLIFE CONSERVATION OFFICER - ENPA: We welcome these proposals which will reduce the problem of vehicular access on West Anstey Common and hence allow the moorland areas to recover in areas where they have been badly eroded. TREES AND WOODLANDS - ENPA: No comments to make NATURAL ENGLAND: Due to the significant pre-application engagement and stakeholder consultation that has been undertaken for this development, Natural England does not consider that this application poses any likely or significant risk to those features of the natural environment for which Natural England would otherwise provide a more detailed consultation response and so does not wish to make specific comment. DEFRA: No comments received BADGWORTHY LAND COMPANY: No comments received EXMOOR FARMERS: COMMENT received from Mr Rook, Exmoor Farmers Livestock Auction commenting that he quite regularly follow the hunt and it is probably the unauthorised access on to the Common caused by hunt followers. However Mr Rook comments that such people need somewhere to park and if they cannot pull off the road there will be serious traffic problems. Mr Rook notes the income generated locally by the 62/64/12/001 02 October 2012 EXMOOR NATIONAL PARK PLANNING COMMITTEE hunt and considerable thought should be given to providing parking. DEVON AND SOMERSET STAG HOUNDS: No comments received EXMOOR FOXHOUNDS: No comments received DULVERTON WEST FOXHOUNDS: No comments received WEST SOMERSET FOXHOUNDS: No comments received MINEHEAD HARRIERS: No comments received DULVERTON FARMERS HUNT: No comments received DULVERTON FARMERS HUNT: No comments received OPEN SPACES SOCIETY: While we have no objection to the planning application, we ask the authority to ensure that the applicant is aware that, before implementing such planning permission, he would need the consent of the Secretary of State for Environment, Food and Rural Affairs under s38 of the Commons Act 2006 for works on common land. EXMOOR SOCIETY: No comments received ENGLISH HERITAGE: The application should be determined in accordance with national and local policy guidance, and on the basis of your specialist conservation advice. ENVIRONMENT AGENCY SOUTH WEST: No comments received ROYAL SOCIETY FOR THE PROTECTION OF BIRD: We support this proposal in the interests of protecting habitats and species, such as from potential disturbance and harm from unauthorised vehicles. EXMOOR NATURAL HISTORY SOCIETY: No comments received DCC - HIGHWAYS: In the main seems fairly straightforward… the only thing which concerns me relates to location 9. This is the termination point of an unsurfaced county road where bridleways 16 & 18 West Anstey meet… seeing as the proposal will result in some groundworks in any event, I think it would be worth asking for the provision of a turning bay, deviating the ditch/bank slightly to accommodate this. DEVON COUNTY COUNCIL - PROW: No comments received DEVON COUNTY COUNCIL: No comments received BARLE VALLEY SAFARI: No comments received EXMOOR SAFARIS: No comments received DISCOVERY SAFARIS OF PORLOCK: No comments received DEVON & SOMERSET WILDLIFE DISCOVERY: No comments received TRAIL RIDERS FELLOWSHIP: No comments received WEST SOMERSET & EXMOOR BRIDLEWAYS: No comments received DEVON & CORNWALL POLICE AUTHORITY: No comments received AVON & SOMERSET POLICE AUTHORITY: No comments received RAMBLERS ASSOCIATION - NORTH DEVON: No comments received WESTER POWER DISTRIBUTION - BRISTOL: No comments received BRITISH TELECOM: No comments received SOUTH WEST WATER: No comments received WESSEX WATER AUTHORITY: No comments received Public Response: 1 letter of support Letter received from Occupier of Higher Croft, Oldways End SUPPORTING the application 62/64/12/001 02 October 2012 EXMOOR NATIONAL PARK PLANNING COMMITTEE commenting that the vehicle damage has increased dramatically over the last 20 years and he believes the proposed work will halt any further damage and allow the moor to recover. RELEVANT HISTORY 6/42/77/001 Erection of HV overhead electricity line. Consultation Withdrawn 19 April 1977 Same Site 62/64/92/001 Widening of Gateway to allow lorry access to remove timber Full Approved 27 April 1993 Same Site 6/42/77/005 Erection of HV/LV overhead lines. Consultation Approved 16 June 1977 Same Site GDO 93/08 Proposed Earth Track General Develo Approved 27 April 1993 Same Site NM 3273 Proposed construction of car parking areas Deemed Approved 19 January 1973 Same Site Most Relevant Development Plan Policies: Somerset and Exmoor National Park Authority Joint Structure Plan STR1 – Sustainable Development STR6 – Development Outside Towns, Rural Centres and Villages Policy 1 – Nature Conservation Policy 2 – Exmoor National Park Policy 5 – Landscape Character Policy 10 – Historic Landscapes Policy 48 – Access and Parking Policy 49 – Transport Requirements for New Development Policy 60 – Floodplain Protection Exmoor National Park Local Plan LNC1 – General National Park Policy LNC3 – Landscape covered by Section 3 Conservation Map LNC10 – Sites of Special Scientific Interest LNC13 – Mitigation and Compensation for Nature Conservation Sites – Affected by Development LNC14 – Protected Species and Habitat LNC15 – Schedule Ancient Monuments and Other Important – Archaeological Sites CBS12 – New Development U7 – Flood Risk Areas – Location of New Development TR3 – Traffic and Road Safety Considerations for Development TR6 – Highway Design for New Development 62/64/12/001 02 October 2012 EXMOOR NATIONAL PARK PLANNING COMMITTEE Observations: The main planning issues are considered to be the impact
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