Officer Report

PLANNING APPLICATION REPORT

Case Officer: Chloe Allen Parish: Salcombe Ward: Salcombe and Thurlestone

Application No: 2839/23/FUL

Agent/Applicant:

Mrs Helen Morris-Ruffle -Visionary Planning UK

Trevean

2 Penmelen

Camelford

PL32 9UH

Applicant:

N. Horne

Damask Barn

Brownstone

Modbury, Devon

PL21 0SQ

Site Address: Land At Sx 740 393, The Fish Quay, Gould Road, Salcombe

Development: Construction of food preparation unit associated with Crab Shed restaurant

Reason item is being put before Committee: Development is on land owned by South Hams District Council

Recommendation: Conditional Approval.

Conditions:

1. Time limit

2. Approved plans

3. FRA mitigation measures (pre-commencement agreed 24.10.2023)

4. CEMP

5. Materials

6. Temporary period

7. Restricted use – in connection with the Crab Shed

1. Informative – Natural England consent required. https://www.gov.uk/guidance/protected-areas-sites-of-special-scientific-interest

2. Developer needs to ensure they have appropriate risk assessments in place etc. to ensure their employees can safely access the unit in a busy operational car park.

Key issues for consideration:

· Principle of development

· Design/landscape

· Neighbour amenity

· Highways/access

· Flood risk

· Ecology

· Low carbon development

Site Description:

The application site is located within Salcombe, within the car park to the south/east of Gould Road; the car park is owned by South Hams District Council. The existing Crab Shed building is positioned to the south of the application site. The application site is a gravel area to the north of a number of parking spaces. North of the site is timber fencing and a number of other timber clad buildings.

The site is within the Salcombe to Kingsbridge Estuary SSSI, the South Devon AONB, Cirl Bunting buffer zone, Flood Zone 2/3, Landscape Character Type 4A: Estuaries, the Undeveloped Coast, and the Salcombe Neighbourhood Plan area.

The Proposal:

The proposal seeks to install an outbuilding opposite the Crab Shed restaurant to provide a preparation area, storage and a staff resting area. The building measures 3m by 7m and has a height of approximately 2.4m. The building would be raised off the ground slightly to achieve a finished floor level of +3.275m AOD.

The outbuilding would be finished in a wooden cladded weatherboard to match the Crab Shed Restaurant. It would have a flat roof, finished in GRP or EPDM; doors and windows would be UPVC, double glazed.

The Crab Shed is a seafood restaurant comprising an indoor and outdoor seating area, with small bar and kitchen cooking and preparation area for the staff. The new outbuilding is stated to be required due to the very limited area available within the existing building for food preparation, storage and cooking, and for a staff rest room.

The outbuilding would include an open plan room. Each side will serve worktop space, food and equipment storage, and cold storage. A kitchen sink would be installed for preparation, but no cooking facilities are proposed. The cooking will still be completed in the main restaurant. There will be a small worktop/seating area to the end of the building for the employee’s welfare.

Consultations:

· Principle Assets Officer – No objection.

· Natural England – No objection.

· Highways – No objection

· Town Council– No comments to make

· Economic Development – Strongly supportive. Believe the development will facilitate the growth and expansion of the business, without having a detrimental impact on the local area. The business operates in a key segment of the marine sector which is recognised as a priority for council support. Furthermore, by supporting this business, the council will be ensuring the continuation of a high-quality marine-focused business which may otherwise be lost from the town.

· DCC Ecology –No objection subject to condition to require compliance with CEMP.

· Environment Agency – As development involves a non-residential extension with a footprint of less than 250sqm then it falls within the scope of their Flood Risk Standing Advice. Therefore do not need to be consulted on the application and can determine without formal comment. They have been consulted on 2981/23/VAR and will be commenting on the FRA. Advice provided on flood mitigation measures which could be incorporated.

Representations:

None.

Relevant Planning History

41/2440/12/PREMIN - Pre-application enquiry for proposed new crab shed to include cafe' and interpretation building. Not concluded

41/0189/13/F - Full planning application for erection of new seafood cafe/restaurant and retail outlet. Conditional Approval

3655/19/VAR - Application for removal or variation of condition 9 of planning consent 41/0189/13/F. Withdrawn as applicant did not wish to proceed with application – business sodl

1137/23/VAR - Variation of condition 9 (flood survey & removal of permitted building) of planning approval 41/0189/13/F to postpone the proposed Flood Survey from 2033 and allow the building to be retained on site until 2044. Withdrawn due to EA objection.

1247/23/FUL - Construction of small food preparation room to supplement kitchen for Crab Shed Restaurant. Withdrawn after being informed the following is required:

- Preliminary Ecological Appraisal

- Site Location Plan

- Climate Emergency Planning Form

- Carbon Reduction Statement

- Flood Risk Assessment

- Surface Water Drainage Assessment/Plan

- Foul Drainage Scheme

2881/23/FUL – Application for variation of Condition 9 (Flood survey & removal of Permitted Building) of Planning Consent 41/0189/13/F to postpone the proposed flood survey. Withdrawn – duplicate application (see 2981/23/VAR)

2981/23/VAR - Variation of condition 9 (flood survey & removal of permitted building) of planning approval 41/0189/13/F to postpone the proposed Flood Survey from 2033 and allow the building to be retained on site until 2044 (retrospective) (resubmission of 1137/23/VAR). Awaiting determination.

ANALYSIS

1.0 Principle of Development/Sustainability:

1.1 The application proposes the siting of a temporary building to be used in connection with the Crab Shed restaurant. The Crab Shed is a seafood restaurant comprising an indoor and outdoor seating area, with small bar and kitchen cooking and preparation area for the staff. The new outbuilding is stated to be required due to the very limited area available within the existing building for food preparation, storage and cooking, and for a staff rest room.

1.2 The outbuilding would include an open plan room. Each side will serve worktop space, food and equipment storage, and cold storage. A kitchen sink would be installed for preparation, but no cooking facilities are proposed. The cooking will still be completed in the main restaurant. There will be a small worktop/seating area to the end of the building for the employee’s welfare.

1.3 The proposal would allow the Crab Shed business to grow/ operate more efficiently, which is supported by SPT1, DEV14 and DEV15 of the JLP, and the site is within a ‘Small Town/Key Village’, where growth is supported commensurate with their roles in supporting the small villages and hamlets, as stated in TTV1. Supporting text to TTV1 states that ‘In order to maintain their function, a proportionate amount of new growth is appropriate to ensure that services and facilities are not lost, but can be sustained and enhanced where appropriate.’ It is noted that the application site is outside of the settlement boundary shown on Figure 18 of the Neighbourhood Plan. However, the site is in very close proximity to the settlement boundary, has good sustainable transport connections to key services and facilities, and is part of an existing car park for Salcombe residents/visitors. Additionally, whilst DEV16 of the JLP seeks to locate town centre uses, such as restaurants, within the town centres, this proposal is in connection with an existing restaurant and is to provide better facilities for the operation of the business and for staff welfare.

1.4 Additionally, Objective 3 of the Salcombe Neighbourhood Plan states that ‘The Plan will support developments, of a scale and use that are sensitive to their surroundings, which provide employment space for local people recognizing that priority should be given to businesses on which the local Salcombe economy primarily depends namely; fishing, tourism, marine and associated service industries. The plan supports any increase in all year round local employment opportunities within Salcombe through a combination of rehabilitation, re-use and redevelopment of sites principally focused on the Island Street, Gould Road and Shadycombe area…The plan will support the promotion of tourism and the tourism related businesses in the town’.

1.5 Economic Development were consulted and supported the proposal, considering that the development will facilitate the growth and expansion of the business, without having a detrimental impact on the local area. It is stated that ‘the business operates in a key segment of the marine sector which is recognised as a priority for council support. Furthermore, by supporting this business, the council will be ensuring the continuation of a high-quality marine-focused business which may otherwise be lost from the town.’

1.6 Given the above, the proposal is considered to accord with JLP Policies SPT1, SPT2, TTV1, DEV14 and DEV15 and the aims of the Neighbourhood Plan.

1.7 It is noted that condition 9 imposed on 41/0189/13/F requires the existing crab shed building to be removed by 15th March 2033. As the proposed development is for additional space in connection with the Crab Shed, and its location and design would likely make it unsuitable for a separate commercial use, it is considered necessary to require removal of the proposed structure by 15th March 2033. It is also acknowledged that application 2981/23/VAR seeks to allow the Crab Shed building to remain until 15th March 2044, being supported by a Flood risk Assessment, however, as this application has not yet been approved, it is not guaranteed that such will be permitted. It is also noted that the EA have objected to the increased time frame.

2.0 Design/Landscape:

2.1 The application site is within an existing car park and the development will be positioned adjacent to an existing timber fence and timber clad buildings. Whilst the sensitive location of the site is noted, being within the South Devon AONB, and Undeveloped Coast, the proposed development is temporary and small scale, and will be seen in the context of the surrounding built development. Subject to conditions to ensure the external materials of the building are appropriate, it is not considered that the proposal will harm the character or appearance of the site or the surrounding area, including the special qualities of the South Devon AONB and the character of the Undeveloped Coast. Additionally, as the proposal is for a building to be used ancillary to the existing restaurant, it cannot be located outside the Undeveloped Coast.

2.2 The proposal is therefore considered to accord with DEV20, DEV23, DEV24 and DEV25 of the JLP, and Policies SALC Env1, SALC Env5, SALC Env6, and SALC B1 of the Neighbourhood Plan.

3.0 Neighbour Amenity:

3.1 The development is not located in close proximity to any residential properties and therefore will not harm the amenity of occupants of such, according with DEV1 of the JLP.

4.0 Highways/Access:

4.1 Paragraph 110 of the NPPF requires safe and suitable access to be achieved for all users. DEV29 of the JLP requires developments to contribute positively to the achievement of a high quality, effective and safe transport system, and Policy SALC T1 of the Neighbourhood Plan states that development will not be permitted within the Parish if it results in a loss in the number of public car parking spaces.

4.2 The application site is located within a large public car park and has good sustainable transport connections to key services and facilities in Salcombe. The application was reviewed by the Principle Assets Officer and, following relocation of the door into the building, no objections were raised.

4.3 The development is considered to accord with DEV29 of the JLP, Paragraph 110 of the NPPF and SALC T1 of the Neighbourhood Plan.

5.0 Flood Risk

5.1 The application site is located within Flood Zone 2/3. DEV35 of the JLP and Paragraph 159 and 167 of the NPPF require a sequential approach to be used for development proposed in areas known to be at risk from any form of flooding.

5.2 However, Paragraph 168 of the NPPF states ‘Applications for some minor development and changes of use should not be subject to the sequential and exception tests but should still meet the requirements for site-specific flood risk assessments set out in footnote 55.’ Paragraph 051 of Planning Practice Guidance – Flood risk and coastal change, confirms that minor development includes minor non-residential extensions (industrial/commercial/leisure etc) where they have a floorspace of less than 250sqm. Planning Practice Guidance – Flood risk assessment: the sequential test for applicants, confirms that developments involving changes of use do not need to pass the sequential test, unless the development is a caravan, camping chalet, mobile home or park home site. As such, it is not considered that the development is required to pass the sequential or exceptions tests.

5.3 Notwithstanding the above, the development does still need to be made safe for its lifetime and not increase the risk of flooding elsewhere, as required by DEV35 of the JLP and Paragraph 159 and 167 of the NPPF. Paragraph 168 of the NPPF makes its clear that a site specific flood risk assessment would be required for the current proposal.

5.4 A Flood Risk Assessment has been submitted with the application which advises that:

- Site lies outside any recorded extents of historical tidal flooding

- Site is wholly within Tidal Flood Zone 3 which denotes a risk of flooding great than 1 in 200 (0.5%)

- Application reference: 41/0189/13/F was approved for the existing Crab Shed building subject to a condition requiring the building to be removed and land restored to its former condition on or before 15 March 2033. The reason for the condition was due to the flood risk of the site and the EA requiring an updated flood survey in 2033.

- Crab Shed has finished floor level of 3.215mAOD which was deemed acceptable by the EA up to the year 2033

- Ground elevations of the proposed development area varies between 2.98m and 3.13m AOD, with levels shown to slope toward the south east and Batson Creek.

- Flood depths in the design 1 in 200 year event could range up to 0.54m (3.52m AOD) to 0.62m (3.60m AOD) across the application site.

- Plans show finished floor levels to be 3.275m AOD, which are 0.06m above the flood level of the Crab Shed existing building.

- Mitigation measures proposed include:

o Raised wiring and power outlets at ground level

o Damp proof membrances to be includes within the design to minimise the passage of water through ground floors

o Air brick cover to be installed

o Non-return valves to be installed on all new drainage

o All new plumping insulation to be of closed cell design

o Finish to be water resistant render with lime based plaster finish, hydraulic lime coating or ceramic tiles

o Plasterboard places horizontally as a sacrificial material, not vertically

o Insulation to be low adsorption board or semi rigid self-draining wool bats

o Owner to sign up to the South Devon coast at the Kingsbridge and Avon estuaries EA flood warning service

5.5 The FRA is broadly acceptable, however the mitigation measures listed do not all directly relate to the proposed development and lack the required level of detail. The Environment Agency were consulted and referred to their standing advice, also providing advice on the mitigation measures which could be incorporated. It is considered that sufficient mitigation measures could be secured through a pre-commencement condition for an amended FRA to be submitted. This should include, but is not limited to: all wiring and power outlets being above predicted flood depths; floor level no lower than 3.275m AOD; flood resilient materials and design; details of how the development would be anchored to the ground; and details of an emergency/ flood evacuation plan.

5.6 Surface water is to be connected to a new water harvesting butt (min. 200 ltr.) and foul drainage is to connect to the main sewer. Informal discussions were carried out with the Drainage Officer who raised no concerns with the surface water drainage proposed, acknowledging that the development is small scale, is to be raised off the ground, is a temporary, portable structure, and is in close proximity to the estuary.

5.7 Subject to conditions it is considered that the development complies with DEV35 of the JLP and the relevant sections of the NPPF.

6.0 Ecology

6.1 The application site is within the SSSI Salcombe to Kingsbridge Estuary. Natural England raised no objections to the proposed development. DCC Ecology requested a Construction and Environmental Management Plan to ensure that the development does not result in pollution or harm to the SSSI. They also advised that consent from Natural England will be required, and an informative note has been added to advise the applicants of such.

6.2 A CEMP was submitted by and reviewed by DCC Ecology and no objections were raised providing a condition is imposed to secure compliance with the CEMP.

6.3 Subject to conditions, it is considered that the proposed development will not harm protected species or habitats, or the SSSI, according with DEV26 of the JLP and SALC Env5 of the Neighbourhood Plan.

7.0 Low Carbon Development

7.1 A Carbon Reduction and Natural Resource Minimisation Statement has been submitted, along with a completed CEPS form. These state that:

- New materials carefully considered for their carbon-saving potential. Roofing features and UPVC windows/doors will provide effective insulation.

- Local material providers to be used

- Timber to be sourced from sustainable sources

- Rainwater harvesting butt to be installed

- No heating to be installed

- No additional parking required

7.2 Given the scale of the development and its temporary nature, it is considered that sufficient consideration has been given to how the use of natural resources can be minimised in the development, according with DEV32 of the JLP.

8.0 Conclusion:

8.1 The principle of development is considered to be acceptable, and it is considered that an appropriate design can be achieved providing material details are secured by condition. Flood risk and ecology matters can be addressed via condition.

8.2 Subject to conditions, it is considered that the proposed development is acceptable and therefore the application is recommended for conditional approval.

This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004

Planning Policy

Relevant policy framework

Section 70 of the 1990 Town and Country Planning Act requires that regard be had to the development plan, any local finance and any other material considerations. Section 38(6) of the 2004 Planning and Compensation Act requires that applications are to be determined in accordance with the development plan unless material considerations indicate otherwise. For the purposes of decision making, as of March 26th 2019, the Plymouth & South West Devon Joint Local Plan 2014 - 2034 is now part of the development plan for Plymouth City Council, South Hams District Council and West Devon Borough Council (other than parts of South Hams and West Devon within Dartmoor National Park).

On 26 March 2019 of the Plymouth & South West Devon Joint Local Plan was adopted by all three of the component authorities. Following adoption, the three authorities jointly notified the Ministry of Housing, Communities and Local Government (MHCLG)* of their choice to monitor the Housing Requirement at the whole plan level. This is for the purposes of the Housing Delivery Test (HDT) and the 5 Year Housing Land Supply assessment. A letter from MHCLG to the Authorities was received on 13 May 2019 confirming the change.

On 14^th January 2022 the Department for Levelling Up, Housing and Communities published the HDT 2021 measurement. This confirmed the Plymouth. South Hams and West Devon’s joint HDT measurement as 128% and the consequences are “None”.

Therefore a 5% buffer is applied for the purposes of calculating a 5 year land supply at a whole plan level. When applying the 5% buffer, the combined authorities can demonstrate a 5-year land supply of 5.97 years at end of March 2022 (the 2022 Monitoring Point). This is set out in the Plymouth, South Hams & West Devon Local Planning Authorities’ Housing Position Statement 2022 (published 19th December 2022).

[*now known as Department for Levelling Up, Housing and Communities]

The relevant development plan policies are set out below:

The Plymouth & South West Devon Joint Local Plan was adopted by South Hams District Council on March 21st 2019 and West Devon Borough Council on March 26th 2019.

SPT1 Delivering sustainable development

SPT2 Sustainable linked neighbourhoods and sustainable rural communities

SPT6 Spatial provision of retail and main town centre uses

SPT8 Strategic connectivity

SPT9 Strategic principles for transport planning and strategy

SPT10 Balanced transport strategy for growth and healthy and sustainable communities

SPT12 Strategic approach to the natural environment

SPT13 Strategic infrastructure measures to deliver the spatial strategy

SPT14 European Protected Sites – mitigation of recreational impacts from development

TTV1 Prioritising growth through a hierarchy of sustainable settlements

TTV2 Delivering sustainable development in the Thriving Towns and Villages Policy Area

TTV25 Development in the Sustainable Villages

DEV1 Protecting health and amenity

DEV2 Air, water, soil, noise, land and light

DEV10 Delivering high quality housing

DEV14 Maintaining a flexible mix of employment sites

DEV15 Supporting the rural economy

DEV16 Providing retail and town centre uses in appropriate locations

DEV20 Place shaping and the quality of the built environment

DEV23 Landscape character

DEV24 Undeveloped coast and Heritage Coast

DEV25 Nationally protected landscapes

DEV26 Protecting and enhancing biodiversity and geological conservation

DEV28 Trees, woodlands and hedgerows

DEV29 Specific provisions relating to transport

DEV31 Waste management

DEV32 Delivering low carbon development

DEV33 Renewable and low carbon energy (including heat)

DEV35 Managing flood risk and Water Quality Impacts

DEL1 Approach to development delivery and viability, planning obligations and the Community Infrastructure Levy

Neighbourhood Plan

The Salcombe Neighbourhood Plan (SNP) is made and full weight is attributed to this document.

The relevant policies of the SNP include:

SALC Env1, SALC Env5, SALC Env6, SALC B1, SALC T1

Other Material Planning Considerations:

Other material considerations include the policies of the National Planning Policy Framework (NPPF) and guidance in Planning Practice Guidance (PPG). Additionally, the following planning documents are also material considerations in the determination of the application:

· Plymouth & South West Devon Joint Local Plan 2014-2034 Supplementary Planning Document (Adopted July 2020)

· SOUTH Devon AONB Management Plan 2019-2024

· Landscape Character Assessment for South Hams and West Devon

· Climate Emergency Planning Statement

Considerations under Human Rights Act 1998 and Equalities Act 2010

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

Conditions/Informatives:

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: To comply with Section 91 of the Town and Country Planning Act, 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall in all respects accord strictly with drawing numbers:

o Site Location & Block Plans J553-10-01 Rev A, dated July 23

o Existing Site Plan, J553-10-02, dated July 23

o Proposed Site Plan, J553-15-01 Rev A, dated July 23

o Existing and Proposed Elevations, J553-10-03, dated July 23

Reason: To ensure that the proposed development is carried out in accordance with the drawings forming part of the application to which this approval relates.

3. Notwithstanding the submitted details, prior to commencement of the development hereby permitted, an amended Flood Risk Assessment (FRA) shall be submitted to and approved in writing by the Local Planning Authority. The FRA shall include details of the flood resistance and resilience measures which are to be incorporated into the development, including, but not limited to:

· wiring and power outlets to be installed above predicted flood depths

· finished floor levels to be set no lower than 3.275m AOD

· details of how the development will be anchored to the ground

· details of flood resilient materials and design

· flood warning and evacuation plan

The development shall be carried out in strict accordance with the approved details and shall be maintained and operated in accordance with such thereafter.

Reason: To reduce the risk of flooding to the proposed development and future users in accordance with Policy DEV35 of the Plymouth and South West Devon Joint Local Plan and Paragraph 167 of the National Planning Policy Framework.

4. The development shall be carried out in strict accordance with the Construction Environmental Management Plan (CEMP), carried out by EcoLogic (Andrew Charles BSc (Hons), MSc, MCIEEM), dated October 2023. In accordance with Paragraph 5.2 of the CEMP, a suitably qualified ecologist shall be appointed as an ‘Ecological Clerk of Works’ throughout construction of the development hereby permitted.

Reason: In the interests of the protection of protected species, habitats and sites. This condition is imposed in accordance with Policy DEV26 and SPT12 of the Plymouth and South West Devon Joint Local Plan 2014-2034.

5. Prior to their installation on site, or prior to first use of the development hereby permitted, whichever is the sooner, a schedule of external materials to be used in the construction of development hereby permitted shall be submitted to an approved in writing by the Local Planning Authority. The development shall be constructed in accordance with the approved details and maintained in accordance with such thereafter.

Reason: In the interests of the character and appearance of the development and the visual amenity of the area in which it is set, including the South Devon Area of Outstanding Natural Beauty and the Undeveloped Coast. This condition is imposed in accordance with DEV20, DEV23, DEV24 and DEV25 of the Plymouth and South West Devon Joint Local Plan 2014-2034.

6. The development hereby permitted shall be removed from the site and the land restored to its former condition on or before 15th March 2033.

Reason: The development is only approved because of its association with the existing business at the Crab Shed. This condition is also improved to reduce the risk of flooding to the proposed development and future users. The condition is imposed in accordance with Policy DEV14, DEV15, DEV16 and DEV35 of the Plymouth and South West Devon Joint Local Plan and Paragraph 167 of the National Planning Policy Framework.

7. The development hereby permitted shall only be used for purposes ancillary to the business operating from the building labelled as the 'Crab Shed, Salcombe' on the Proposed Site Plan, Drawing Number: J553 -15-01 Rev A.

INFORMATIVES

1. This authority has a pro-active approach to the delivery of development. Early pre-application engagement is always encouraged. In accordance with Article 35(2) of the Town and Country Planning Development Management Procedure (England) Order 2015 (as amended) in determining this application, the Local Planning Authority has endeavoured to work proactively and positively with the applicant, in line with National Planning Policy Framework, to ensure that all relevant planning considerations have been appropriately addressed.

2. You should note that certain wildlife habitats and species are subject to statutory protection under the Wildlife and Countryside Act 1981 (as amended) and/or the Habitats Regulations 1994. It is a criminal offence to breach the provisions of these legal constraints and if your development impacts upon such sites or species you are advised to take advice from a competent ecologist who has experience in the habitats/species involved and, as necessary, any relevant licenses from Natural England.

3. The responsibility for ensuring compliance with the terms of the approval rests with the person(s) responsible for carrying out the development. The Local Planning Authority uses various means to monitor implementation to ensure that the scheme is built or carried out in strict accordance with the terms of the permission. Failure to adhere to the approved details can render the development unauthorised and vulnerable to enforcement action.

4. The applicant is advised that consent from Natural England is required for the development. Additional information can be found here: https://www.gov.uk/guidance/protected-areas-sites-of-special- scientific-interest

5. The applicant/developer is advised to ensure they have appropriate risk assessments in place to ensure that their employees can safely access the development, which is located within a busy operational car park.