EEC/10/227/HQ Development Management Committee 24 November 2010 Town and Country Planning General Regulations 1992 - Regulation 3: Exeter City Council/East Devon District: Construction of a 28m Cycle/Footbridge over the River Clyst, located Downstream of Fisher's Bridge, Bridge Hill, Topsham, Exeter Applicant: Devon County Council Application No: DCC/3140/2010 Date Application received by County Council: 19 October 2010 Report of the Executive Director of Environment, Economy and Culture Please note that the following recommendation is subject to consideration and determination by the Committee before taking effect. Recommendation: It is recommended that, subject to no new material planning considerations being raised by Exeter City Council, and subject to confirmation from Natural England that there are likely to be no significant impacts on the Exe Estuary SPA/RAMSAR, [and that appropriate measures to mitigate against any adverse impact are put in place], the County Solicitor, in consultation with the Chairman, be authorised to grant planning permission in accordance with the planning conditions set out in Appendix II to this Report, plus any additional planning conditions, or amended conditions, that may be considered necessary in the light of discussions with Natural England and the RSPB. 1. Summary 1.1 This Report relates to a planning application for the proposed construction of a 28 metre cycle/footbridge over the River Clyst, downstream of Fisher's Bridge, Topsham. 1.2 It is considered that the key material planning considerations in the determination of the proposed development are the potential impact upon the nature conservation interests; the design of the bridge and possible landscape impacts; highway implications; and overall sustainability considerations. 2. The Proposal/Background 2.1 The proposed cycle/footbridge would be located 13 metres downstream of Fisher's Bridge in Topsham, Exeter. This is on the south east side of the town at the bottom of Bridge Hill by the Bridge Inn. The bridge is located within the boundaries of both East Devon and Exeter City Councils. 2.2 The elevated structure would be 3 metres wide, 28 metres long, and consists of a central bridge with boardwalk sections either side. The timber boardwalk/bridge would link in with the existing footpath at the bottom of Bridge Hill, opposite the Bridge Inn. At the other end it would link to the footpath/cycleway which starts opposite Fisher's Bridge Mill House. 2.3 The softwood timber parapet would be post and 3 rail style, and in-filled with a galvanised steel mesh on the lower half. It would be supported by steel trestles at 4.5 metre intervals two concrete bridge abutments, which would be faced in stone to best match Fisher's Bridge. 2.4 There are a number of significant nature conservation designations located 50 metres downstream of Fisher's Bridge. There are two European designations [the Exe Estuary Special Protection Area (SPA), and RAMSAR site (which relates to the conservation of wetlands)]; a National designation (SSSI - Site of Special Scientific Interest); and a County Wildlife site, located in the fields north east of Fisher's Bridge Mill. 2.5 Fisher's Bridge, a Grade II listed structure, was re-built in the 18th Century and widened in the 19th Century. The bridge is within the Topsham Conservation Area on its western side. 2.6 A Listed Building Consent (LBC) application has been submitted with the planning application to remove a 7 metre section of the stone parapet to allow the cycle/footpath to link in with Bridge Hill. No material issues have been raised so far, and the Government Office West Midlands will be making a final decision on the LBC in due course. 3. Consultations 3.1 Exeter City Council – views awaited. 3.2 East Devon District Council – no objections. 3.3 Clyst St George Parish Council – no objections. 3.4 English Heritage –sets out its standard response stating that the application should be determined in accordance with national local policy guidance, and on the basis of this Authority's specialist conservation advice. 3.5 Environment Agency – no objections providing that the development accords with the submitted Flood Risk Assessment and River Modelling Report. The EA endorses the mitigation measures for salt marsh habitat creation, and that reinstatement of lost salt marsh on the west bank is fully encouraged post construction. The EA notes that a formal consent is required for the new bridge under the terms of the Water Resources Act 1991. It comments this may result in minor alterations to the proposed scheme. 3.6 Natural England – views awaited. 4. Advertisement/Representations 4.1 This application has been advertised in accordance with the statutory publicity requirements. As a result of these procedures, at the time of writing this report, 23 letters/emails of representation have been received. Copies of all letters of representation received will be displayed at the meeting. 4.2 Twenty two letters of representation support the proposal have been received commenting that: the scheme will provide the final link for the cycling route between Exeter and Exmouth, helping to promote tourism and carbon footprint free activities; it will provide a safer route (especially for families), as cyclists currently have to mix with traffic including buses on the bridge; and it is a well designed bridge to fit in with the location. 4.3 One letter in support of the application expresses reservations about the fact that cyclists travelling from Topsham will have to make a difficult manoeuvre to cross over Bridge Hill to access the foot/cycle bridge; would prefer to see a bridge that crosses the river Clyst (next to the railway line) in comparison to the one at Fisher's Bridge – but recognises that ‘a bridge’ is better than none at all; and, suggests a new parking area in the Fisher's Bridge/Odhams Wharf/Darts Farm area for cyclists. 5. Planning Policy Considerations 5.1 In considering this application, the County Planning Authority is required to have regard to the provisions of the Development Plan. Section 28(6) of the Planning and Compulsory Purchase Act 2004 requires that where regard is to be had to the Development Plan, the determination shall be in accordance with the Development Plan unless material considerations, which can include emerging policies, indicate otherwise. In this case, the relevant Development Plan Policies are summarised in Appendix I to this Report. 6. Comments/Issues 6.1 It is considered that the key material planning considerations in the determination of the proposed development are the potential impact upon the nature conservation interests; the design of the bridge and possible landscape impacts; highway implications, and overall sustainability considerations. Nature Conservation 6.2 Both a Habitats Regulation Assessment (HRA) and an ‘Ecological Impact Assessment’ have been carried out as part of the application. The HRA discusses the potential impacts upon the Exe Estuary’s international designations and in particular the adjacent SPA that has been recognised for its significant numbers of internationally migratory and over-wintering birds (especially waders and wildfowl). The HRA concludes that there would be no ‘significant impacts’ upon these, stating an ‘Appropriate Assessment’ (regulated by the Conservation of Habitats and Species Regulations 2010) is not required. The confirmation of this by Natural England is still awaited. 6.3 The loss of salt marsh habitat, disturbance to breeding birds, and indirect loss of species (particularly foraging bats, over-wintering birds and otters), are the potential unmitigated impacts of the development. The Ecological Assessment concludes that no significant impacts are predicted to occur to these habitats and key species so long as its recommended mitigation measures are carried out. 6.4 In order to ensure that the proposal results in a neutral residual impact upon the nature conservation interests, it is recommended that any permission for the development includes appropriate conditions to secure the mitigation measures and guidelines for construction set out in the above Assessments referred to above. 6.5 Although there is a potential for water pollution as a result of the development to impact upon habitats and species, any adverse impacts would be addressed through mitigation measures and a Consent to be gained from the Environment Agency (as required under the Water Resources Act 1991). Design of the Bridge and Impact on the Landscape 6.6 The overall bridge design is considered to be sympathetic to the local landscape character. The proposed timber parapet reflects the rural context (this is a European softwood that matches that used for the Exe Estuary Trail). The open parapet design will allow greatest views through the structure to the surrounding landscape. It is considered that the design of the galvanised steel mesh should be improved (through the use of a condition of any grant of permission) so that this urban type material fits in better with its rural surroundings. 6.7 One significant tree will be removed as part of the proposal, at the bottom of Bridge Hill where the proposal route joins the existing footpath. It is recommended that a suitable tree is provided in compensation for this loss, and in the event of planning permission being granted, then an appropriate condition can be imposed. Highways 6.8 One letter of representation raises concerns about cyclists having to make a difficult manoeuvre to cross the road when leaving Topsham, in order to join the proposed bridge. It is considered that this will not give rise to a highway safety issue, particularly as Topsham is a 20 mph Zone, and the characteristics of both the road and the bridge would keep speeds down. Overall Sustainability Considerations 6.9 The provision of cycle/walkways is supported by Nation al Planning Policy – in particular PPG 13 (Transport) and PPS 1 (Delivering Sustainable Development).