Officer Report

PLANNING APPLICATION REPORT

Case Officer: Chloe Allen Parish: Totnes Ward: Totnes

Application No: 2790/22/FUL

Agent/Applicant:

Ms Poppy Keenor - Caravan and Motorhome Club

East Grinstead House

East Grinstead

RH19 1UA

Applicant:

Ms Poppy Keenor - Caravan and Motorhome Club

East Grinstead House

East Grinstead

RH19 1UA

Site Address: Quay Caravan Club Site, Steamer Quay Road, Totnes, TQ9 5AL

Development: Re-development works include internal refurbishment of site facilities block and installation of solar panels, replacement service points, installation of new barrier system, conversion of existing grass pitches into 47no. all-weather serviced pitches, a new tractor store & prefabricated reception building

A map of a town Description automatically generated

Recommendation: Conditional Approval.

Reason application is being heard at committee: The application site is owned by South Hams District Council.

Conditions:

1. Time limit

2. Approved plans

3. Landscaping scheme (Pre-commencement agreed 17/11/2023)

4. LEMP – BNG Net Gain (Pre-commencement agreed 17/11/2023)

5. CEMP (Pre-commencement agreed 17/11/2023)

6. Accordance with Tree Reports, submission of AIA (Pre-commencement agreed 17/11/2023)

7. Tractor store details

8. Details of fencing/gates/walls

9. Details of timber cladding to external walls reception unit and temporary permission

10. Surface water drainage

11. DEV32 measures

12. Accordance with Ecological Appraisal

13. No vegetation removal, clearance or demolition during nesting season

14. No raising of ground levels across the site

15. External lighting

16. Lighting controls

17. PD removal – no new hardstanding

18. PD removal – buildings and structures

Informatives:

1. FWEP

2. Protected species

3. Responsibility for compliance

4. Proactive statement

Key issues for consideration:

· Principle

· Design/Landscape/Heritage

· Neighbour Amenity

· Highways

· Drainage/Flood Risk

· Ecology/Trees

· Low Carbon Development

Financial Implications (Potential New Homes Bonus for major applications):

As part of the Spending Review 2020, the Chancellor announced that there will be a further round of New Homes Bonus allocations under the current scheme for 2021/22. This year is the last year's allocation of New Homes Bonus (which was based on dwellings built out by October 2020). The Government has stated that they will soon be inviting views on how they can reform the New Homes Bonus scheme from 2022-23, to ensure it is focused where homes are needed most.

Site Description:

The application site lies within Totnes, in a built up area of the town. The site is positioned east of Steamers Quay Road, with residential properties adjacent to the north east, east, and south boundaries. West is the boat park, Totnes Sea Scouts Group, Riverside Café, Totnes Boating Association, and a number of residential properties which are on the west side of Steamers Quay Road. The roadside boundary consists of a low close boarded timber fence and access gate, the remaining boundaries are a mixture of high close boarded timber fencing, stone walling, and landscaping. A number of mature trees lie along/adjacent to the boundaries of the site and within the site itself.

A circular tarmac access road exists within the site, along with a garage/reception office/back office building, a wardens pitch, a toilet block, and two service points.

The site is within Flood Zone 3, a Critical Drainage Area, the Gr. Horseshoe Bat SAC Flight Corridor, Landscape Character Type 7: Main towns/villages, and the Conservation Area Buffer Zone. There are a number of listed buildings to the north east of the site, including Nos. 1-4 Seymour Villas. The Dart Estuary lies to the west of the site, behind the residential properties to the west of Steamers Quay Road. This area of the Dart Estuary is designated as a Marine Conservation Zone and County Wildlife Site.

The Proposal:

The application seeks planning permission for re-development works to the existing caravan site, including:

· Internal refurbishment of site facilities block (no external changes are proposed)

· Installation of solar panels on flat roof of facilities block

· X2 replacement service points. One service point would be retained in the existing position whilst one would be relocated slightly further east. The service points measure 4.169m in width by 7.305m in length (including hardstanding surrounding). The service points each contain an area to dispose of chemical waste along with drinking water and waste water point and bins for waste disposal. Fencing surrounding the service points are brown plastic composite rails with rounded top.

· Installation of a Motor Van Waste Point to the east of the facilities block.

· Installation of new barrier system. The barrier system would be set into the site, allowing a car towing a caravan to enter through the site entrance gate before reaching the barrier. The barrier is approximately 5.750m wide and is low in height. The barrier would lift vertically.

· Conversion of existing grass pitches into 47no. all-weather serviced pitches. The pitches would all contain a combined water and drainage point utilising bollard with single tap. The bollards would be just over 1m high.

· Erection of a new tractor store. The tractor store would be located to the north of the water board building, but south of the electricity kiosk. The tractor store is L-shape, measuring 5.5m in length and 5.2m in width, with a max height of 3.1m. The external materials include a blue engineering brick damp proof course and stained timber cladding to external walls. The roof would be constructed of a 3 layer built up felt roof dressed over to discharge into UPVC gutter and RWDP. There would be a grey aluminium coated single door and a galvanised metal steel sliding folding door to the front elevation.

· Siting of a prefabricated container reception building. The container measures 6.1m by 2.44m, with a maximum height of 2.45m. A single door would be located on the south elevation, and windows with shutters on the east and west elevations. The container is to be timber clad.

Consultations:

· County Highways Authority – No objection following relocation of automated barrier for the site.

· Environmental Health – No objection. Do not anticipate any environmental health concerns. The applicant is aware of the standards to be met within the Caravan Club guidance and also the site licensing provisions under the Caravan Sites and Control of Development Act 1960.

· Environmental Health and Licensing – Advise that flood evacuation plan should be available to all users of the site and operators must be signed up to the National Flood Warning Service.

· Town/Parish Council – Support application and tree planting. Notes Highway comments about location of barrier and hope such can be resolved.

· Environment Agency – No objection providing a condition is imposed to ensure that the ground level of the site will not be raised above the existing. Recommends emergency evacuation plans that are currently in place are periodically reviewed to reflect climate change predictions to ensure they remain effective. The Drainage Strategy does refer in several places to an EA culvert on site but this has been checked/records reviewed and the watercourse there is not designated as a main river and it is not showing as an EA asset.

· Devon and Cornwall Police – No objection. Advice provided in respect of security of the site.

· DCC PROW – No comments received.

· Landscape Officer – Not necessary to comment given scope/nature of works. Informal comments highlighting concerns with use of shipping container as the reception building, given clear views into the site from a well-used public road and paths adjacent. Whilst security of shipping container recognised a simple timber building would be a more sympathetic design approach in this location. Additional tree planting would soften the significant increase in hard standing and change from a ‘green space’.

· Drainage – Support. Revised Drainage Strategy is acceptable.

· DCC Ecology – No objections subject to conditions requiring compliance with the lighting strategy and Preliminary Ecological Assessment, conditions securing a Construction and Environmental Management Plan and a Landscape and Ecological Management Plan, and a condition to limit vegetation clearance or demolition within bird nesting season. Planning Officer to review percentage of biodiversity net gains and compliance with policy.

· Tree Officer – No objection, subject to Arboricultural Method Statement being secured prior to commencement of the development.

Representations:

X3 letters of support received, summary of comments as follows:

· Welcome improvement plan for lovely campsite. Will provide Totnes with the facilities campers expect and allow the site to provide a long term investment in Totnes. Visitors provide an important and substantial contribution to the local economy.

· Upgrading of the site is long overdue and will not have any detrimental impact on residents of Steamer Quay Road or its surroundings.

· Support the application with two reservations, one being that the lighting design should be revised to ensure no direct light leaves the site – the 5 proposed bulkhead light fittings will, despite the eyelid design throw a lot of light horizontally. Secondly, the additional landscaping seems quite minimal and the depiction of the existing trees suggests there is more existing landscaping than there is. Would urge LPA to require a much greener site than currently proposed. Specifically would like to see some if not all pitches separated by native mixed hedging.

X1 neutral letter received, summary of comments as follows:

· I support the application with two reservations:

o Lighting - The 5 proposed bulkhead light fittings will, despite the eyelid design throw a lot of light horizontally. As an adjoining owner I request that the lighting design be amended to ensure no direct light leaves the site.

o Landscaping - The proposed additional landscaping seems quite minimal and the depiction of the existing trees suggests the is more existing landscaping than there is. I would urge the authority to require a much greener site than is currently proposed. Specifically I would like to see some if not all the pitches separated by native mixed hedging.

Relevant Planning History

56/0810/78/3 - Construction of storm sewage overflow chamber. Conditional Approval.

ANALYSIS

1.0 Principle of Development/Sustainability:

1.1 The higher level policies of the Plymouth and South West Devon Joint Local Plan (JLP), (SPT1 and SPT2) set the context for what the Local Planning Authority considers sustainable development. Policy SPT1 combines Economic, Societal and Environmental principles of sustainability and SPT2 envisages sustainable rural communities where residents have good access to a range of services and a positive sense of place is reinforced by development.

1.2 From these higher level aims a strategic vision for growth is introduced through Policy TTV1. This policy creates a hierarchy for development with the sustainable centres at the top, where growth is prioritised and the countryside at the bottom where development is restricted. TTV2 states that the LPA will support proposals which reinforce the sustainable settlement hierarchy and which deliver a prosperous and sustainable pattern of development.

1.3 The application site is within the settlement boundary of Totnes (Policy En1 of the Neighbourhood Plan), with Totnes being defined as a Main Town in the JLP. TTV1 states that the main towns will be prioritised for growth to enable them to continue to thrive, achieve strong levels of self-containment, and provide a broad range of services for the wider area. TTV2 reinforces the sustainable settlement hierarchy and sets out objectives of rural sustainability, including, amongst other things, the growth and expansion of rural businesses and enterprises, the delivery of sustainable rural tourism and leisure developments that benefit rural businesses, communities and visitors, and the provision of sustainable transport accessibility appropriate to the specific context of the proposal.) Policy C9 of the Totnes Neighbourhood Plan supports the principle of leisure or river related development at Steamer Quay, and policy DEV15 of the JLP supports proposals which seek to improve the balance of jobs within the rural areas and diversify the rural economy. Policy E1 of the Neighbourhood Plan supports proposals which reinforce the local economy and the function of Totnes as a market town.

1.4 The application site has been used as a caravan site for a number of years, with Google Imagery showing motorhomes/caravans on the site from 2006. The site is operated by the Caravan and Motorhome Club and a copy of their exemption certificate has been provided. The exemption certificate is granted under Paragraph 12 of the Caravan Sites and Control of Development Act 1960 (the Act) and permits the Caravan and Motorhome Club to use land for the purposes set out in Paragraphs 4, 5 and 6 of the Act. As such, the principle of the use of the site as a caravan site is established. As the club hold an exemption certificate planning permission is not therefore required for the change of use of the site and permission is required only for the operational development and engineering operations.

1.5 The Design and Access Statement explains that the all-weather pitches will offer the best access to those with mobility issues and their installation will offer a high level of usability under the Equality Act 2010. The service points, internal works to the facilities building, tractor store, barrier and office/reception building are proposed to improve the operation of the site. The improved facilities will assist in keeping the site tidy and in good condition, and will improve the visitor/customer experience.

1.6 The principle of the proposed development is considered to be acceptable, according with Policies SPT1, SPT2, TTV1, TTV2, and DEV15 of the JLP, and Policy En1, E1, and C9 of the Totnes Neighbourhood Plan.

2.0 Design/Landscape:

2.1 The application site lies within Totnes, in a built up area of the town. When the site is not in use, it appears as an open area of green space, with little built development in the main area of the site, other than the access road and two service points. However, when in use as a caravan site this character significantly changes with vans/motorhomes, associated vehicles and other paraphernalia being visible from Steamers Quay Road. The existing garage/office/back office, wardens pitch (with high close boarded timber fencing surrounding), storage areas and service points are permanently on site and make it clear that the land is used as a tourism site. Whilst the formalisation of the pitches, along with the provision of new service points and a MVWP (which are simple in design and low in height) will change the character of the site, this is unlikely to be a significant change and it is not considered such will detrimentally harm the character of the site and surrounding area, providing an appropriate landscaping scheme is secured and that existing trees/hedges are retained wherever possible.

2.2 The renovation works to the toilet block are all internal and therefore its external appearance will not change. The tractor store is located between the electricity substation and the water board building, on an existing hardstanding area. The building has a maximum height of 3.1m and is simple in design. The office/reception building is a prefabricated container which was not considered to be in keeping with the area. However, the Planning Agent confirmed that the external walls could be clad in timber to match the tractor store. This is considered to be acceptable and can be secured by condition.

2.3 Subject to conditions, including to secure a detailed landscaping scheme, it is not considered that the development will harm the character of the area or site, according with DEV20 and DEV23 of the JLP and Policy C9, En1, En2, En4, and C1 of the NP.

2.4 The site is also within the Conservation Area Buffer Zone and is adjacent to a number of Listed Buildings. Given the low level of the development proposed; the existing use of the site as a caravan site, with existing associated development; the proposed landscaping scheme; the separation distance; and intervening landscaping and boundary treatments; it is not considered that the proposed development will harm the setting of adjacent Listed Buildings or the Conservation Area. The development is considered to accord with DEV21 of the JLP and En3 of the NP, which seeks to protect the historic environment.

3.0 Neighbour Amenity:

3.1 There are residential properties to the north east, east, south and west (opposite side of Steamers Quay Road) of the site. The site has been operated by the Caravan and Motorhome Club for a number of years, under an exemption certificate. Therefore, the use of the land as a campsite is established and the relationship with surrounding properties has existed throughout. The proposed development, including formalisation of the pitches, and associated operational development, will visually alter the site but is unlikely to harm neighbouring residential amenities, when comparing to the existing use of the site. The lighting strategy includes lighting with a maximum of 8.4w LED luminaire. Given the position of the lighting, separation distances to neighbouring properties, and the existence of landscaping and boundary treatments, it is not considered the lighting will harm neighbouring residential amenities.

3.2 The development is considered to accord with DEV1 of the JLP which seeks to protect neighbouring residential amenities and Policy En2 and C9 of the NP.

4.0 Highways/Access:

4.1 No objections have been raised from the Highways Department following relocation of the proposed barrier further within the site, to allow a vehicles to enter the site entrance gates and wait at the barrier, without overhanging onto the path/Steamers Quay Road. The access roads through the site are circular, enabling a one way system to be used.

4.2 The site is already used as a camp site, operated by the Caravan and Motorhome Club and therefore it is not anticipated that the traffic generation will change. The site is in a sustainable location where visitors are able to access key services and facilities via sustainable transport modes, during their stay.

4.3 The development is considered to accord with DEV29 of the JLP and E7, E8 and E10 of the NP.

5.0 Drainage/Flood Risk:

5.1 The site lies within Flood Zone 3 and is within a Critical Drainage Area, being located close to the River Dart (west of the site).

5.2 The use of the land as a camp site is established and this is not what is being considered under the current application. The Flood Risk Assessment highlights that, as the site is not used by static caravans/park homes, but mobile vehicles, the site can be evacuated at any time when flood warnings are received. The Environmental Health/Licensing Team were consulted and raised no objection to the proposed development, but advised that the flood evacuation plan is available to all users of the site, and that the site operators must be signed up to the National Flood Warning service. An advisory note can be added to remind the applicants/developer of such. The Environment Agency also raised no objections providing a condition is imposed to ensure that the level of the site is not raised.

5.3 In respect of waste/foul water disposal, a copy of correspondence with South West Water has been provided where it is confirmed that there are combined sewers showing in the vicinity of the site which are suitably sized for the development. There is also a 4” water main on Steamer Quay Road which is stated to be suitably size and therefore capacity should be available in the existing system. Environmental Health raised no concerns with regard to foul water drainage.

5.4 In respect of surface water disposal, a revised Drainage Strategy was submitted with the application. The strategy confirms that an infiltration type drainage system is unsuitable for the site due to the underlying ground conditions comprising of firm clays. Therefore, it is proposed to discharge surface water to the 300mm diameter culvert which crosses the site, at a restricted flow rate of 1.5l/s. The all-weather pitches are to be constructed of Type B (partial infiltration) sub base, incorporating a series of perforated pipes located at the base of the coarse graded aggregate, with pea gravel finish. The loop road is constructed of permeable asphalt to allow rainwater to be attenuated within the sub base, and conveyed within the perforated pipe system. The roof area associated with the re-developed toilet and shower block shall discharge via diffuser units into the nearest 2 no. all weather pitches. This will again be attenuated within the sub base storage and conveyed within the perforated pipe system.

5.5 The Drainage Strategy was reviewed by the Local Authorities Drainage Officer, and was confirmed to be acceptable. The Environment Agency raised no objections to the Drainage Strategy, advising that the Culvert running across the site is not an EA Asset.

5.6 Subject to conditions, it is considered that the development accords with DEV35 of the JLP and En2(i) of the Neighbourhood Plan.

6.0 Ecology/Trees:

6.1 A Preliminary Ecological Assessment has been submitted with the application which identified no ecological constraints to the proposed development, providing precautionary measures are followed and that the existing native hedgerows and bramble scrub should be retained. However, the report states that artificial light levels may increase as a result of the proposed development, and that if this is the case a Habitats Regulations Assessment and extensive bat survey would be recommended. Given such recommendation, a lighting strategy has also been provided with the application. Recommendations are also made to achieve biodiversity net gain across the site.

6.2 DCC Ecology reviewed the submitted Ecology Assessment and Biodiversity Net Gains Metric and requested further information in respect of the ‘dark areas’ of site, details of pollution control measures (to prevent pollution entering watercourse), original format spreadsheet showing biodiversity net gain, and mitigation measures for hedges and trees during construction.

6.3 On review of the information, DCC Ecology raised no objections to the proposed development, subject to conditions requiring compliance with the lighting strategy and Preliminary Ecological Assessment, conditions securing a Construction and Environmental Management Plan and a Landscape and Ecological Management Plan, and a condition to limit vegetation clearance or demolition within bird nesting season. DCC Ecology did acknowledge that the scheme would result in 7.44% biodiversity net gain. Policy DEV26 of the JLP requires net gains in biodiversity for all major development proposals. It states that ‘The level of biodiversity net gain required will be proportionate to the type, scale and impact of development. Enhancements for wildlife within the built environment will be sought where appropriate from all scales of development.’ The JLP SPD advises that all major development proposals will be required to provide 10% biodiversity net gains. Paragraph 7.89 – 7.90 states that:

‘7.89 This policy and guidance should also be considered in light of the government's ambition to deliver a 10 per cent net gain in biodiversity as set out in the 25 Year Environmental Plan (159)and the recent response report to the consultation on introducing a mandatory approach to net gain: Net gain - Summary of responses and government response July 2019(160). In particular, the government has indicated the 10 per cent requirement may become mandatory and may apply to smaller developments.

7.90 The guidance set out in this SPD anticipates this outcome and not only amplifies the implementation of DEV26.5 but encourages minor developments to also deliver measurable net gain.’

6.4 Whilst the LPA would prefer for 10% to be achieved, the application is a minor development proposal. As such, and acknowledging that the Environment Act 2021 requirements do not yet apply, it is considered that the provision of 7.44% biodiversity net gains is sufficient to comply with DEV26 of the JLP and Part A6 of the Climate Emergency Planning Statement which seeks to deliver biodiversity net gain and habitat improvements.

6.5 In respect of the impact of the development on trees/hedges within the site, an Arboricultural Impact Assessment (AIA) and supporting information was provided and reviewed by the Tree Officer. The Tree Officer raised no objections to the proposed development, subject to a pre-commencement condition being imposed to secure an Arboricultural Method Statement, in line with the recommendations of the AIA.

6.6 The development is considered to, subject to conditions, accord with DEV26 and DEV28 of the JLP and policies C9, En2, En5, and En6 of the Neighbourhood Plan.

7.0 Low Carbon Development:

7.1 A DEV32 Checklist has been provided which states the following:

· All weather pitches to be porous

· Local materials to be used where possible

· FSC certified timber to be used

· Biodiversity net gain to be provided

· Solar panels to be installed on toilet block

· X1 dual Electric charging point

7.2 The measures set out above are considered to be acceptable to meet the requirements of Policy En7 of the NP, and DEV32 of the JLP which requires proposals to identify opportunities to minimise the use of natural resources in the development over its lifetime, such as water, minerals and consumable products. It is important to note that the application was submitted prior to adoption of the Climate Emergency Planning Statement.

7.3 In addition to the above, whilst the nature of the development is likely to require travel by car, the sustainable location of the site is likely to encourage visitors to walk or cycle to key services and facilities during their stay. Such accords with the aims of E7 and E8 of the Neighbourhood Plan and DEV32 of the JLP.

8.0 Conclusion:

8.1 The development is considered to be acceptable and is recommended for conditional approval.

This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004 and with Sections 66 and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

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

SPT9 Strategic principles for transport planning and strategy

SPT10 Balanced transport strategy for growth and healthy and sustainable communities

SPT11 Strategic approach to the Historic environment

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

TTV3 Strategic infrastructure measures for the Main Towns

DEV1 Protecting health and amenity

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

DEV15 Supporting the rural economy

DEV20 Place shaping and the quality of the built environment

DEV21 Development affecting the historic environment

DEV23 Landscape character

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 Totnes Neighbourhood Plan referendum was held on 16^th November 2023. The Neighbourhood Plan is due to be ‘made’ at the Executive meeting on 30^th November 2023. Therefore, significant weigh should now be given to the Totnes Neighbourhood Plan in the decision-making process.

Relevant Policies:

Policy V1: Local Identity

Policy En1: Sustainable development and the settlement boundary

Policy En2: Development and design

Policy En3: Historic and built character

Policy En4: Landscape setting of Totnes

Policy En6: Enhancing local environmental capacity

Policy En7: Renewable energy generation

Policy En8: Domestic and small scale waste management

Policy E1: The local economy

Policy E6: The green economy

Policy E7: Sustainable transport

Policy E8: Walking and cycling

Policy C1: The public realm

Policy C9: Steamer Quay

Other material considerations:

- National Planning Policy Framework

- Plymouth and South West Devon Joint Local Plan Supplementary Planning Document

- 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.

Recommended 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: 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 the following drawing numbers:

· Site Location Plan, STE-2022-P-100, Dated Aug 22

· Mobile mini 20x 8ft Office

· Proposed Reception Unit, STE-2022-P-201, Dated Sept 22

· Proposed Barrier Details, STE-2022-P-467 Rev A, Dated 10/2/23

· Proposed Road and Path Details, STE-2022-P-471 Rev A, Dated Nov 23

· Proposed Tractor Store and Elevations, STE-2022-P-472, Dated Aug 22

· Proposed UA Service Point, STE-2022-P-452, Dated Aug 22

· Proposed M.V.W.P Details, STE-2022-P-455, Dated Aug 22

· Proposed Site Plan, STE-2022-P-102 Rev B, Dated 10/2/23

· Proposed Standard Non Awning Serviced Pitch Details, STE-2022-P-403 Rev B, Dated Nov 23

· Proposed Facilities Block Plans and Elevations, STE-2022-P-301 Rev A, Dated Nov 22

· Proposed Site Wide Lighting Strategy, STE-2022-P-110, Dated Oct 22

· Biodiversity Net Gain Assessment, CSA environmental February 2022

· DIALux, STEAMER, 28/11/2022 - Site 1

· Drainage Construction Details, L40032 101, dated 07/11/23

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 and approved plans, prior to commencement of the development hereby permitted, a Landscape Scheme shall have been submitted to, and approved in writing by the Local Planning Authority.

The Landscape Scheme shall be prepared by an appropriately qualified professional, and shall be based on the Post-Development Habitats Plan, CSA/6270/101 (Appendix B of the Biodiversity Net Gain Assessment, CSA environmental, dated February 2022), the Proposed Site Plan, STE-2022-P-102 Rev B, Dated 10/2/23, and the Tree Protection Plan, BHA_5427_02, dated 27/2/23 (within the Arboricultural Impact Assessment by Barton Hyett Associates).

The Landscape Scheme shall include, but is not limited to:

· Details of proposed mitigation to replace the trees which are shown to be removed on/in the approved plans and the Arboricultural Impact Assessment, dated June 2023 by Barton Hyett Associates, in accordance with Table 28 of the Plymouth and South West Devon Joint Local Plan 2014-2034 Supplementary Planning Document 2020;

· the location, number, species, density, form and size of proposed tree, hedge and shrub planting, and areas of grassland;

· the method of planting, establishment and protection of tree hedge and shrub planting, and on-going management of such; and

· a timetable for the implementation of all landscape treatment.

All elements of the Landscape Scheme shall be implemented and maintained in accordance with the approved details, including in accordance with the approved timetable. For a period of 10 years following practical completion of the approved landscaping scheme, any plant material that dies, fails or is damaged shall be replaced in accordance with the original approved details.

Reason: In the interests of the character and appearance of the site and the area in which it is set, and in the interests of the provision of biodiversity net gains. This condition is imposed in accordance with Policy DEV20, DEV23 and DEV26 of the Plymouth and South West Devon Joint Local Plan 2014-2034, and policies C9, En1, En2, En3 En4, C1 and C9 of the Totnes Neighbourhood Plan 2019-2034.

This condition is pre-commencement to enable a landscaping scheme to be secured prior to any works being carried out that could harm existing landscape/biodiversity features within the site. Ensuring the site is appropriately landscaped is important to ensure the development integrates into the surrounding context.

4. Prior to the commencement of development a detailed Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP shall be based on the following:

· Post-Development Habitats Plan, CSA/6270/101 (Appendix B of the Biodiversity Net Gain Assessment, CSA environmental, dated February 2022)

· Proposed Site Plan, STE-2022-P-102 Rev B, Dated 10/2/23

· Opportunities for Ecological Enhancements listed in Paragraph 5.11 of the Preliminary Ecological Appraisal, prepared by CSA Environmental, CSA/6270/01, Dated September 2022

· Landscape Scheme approved for Condition 2 and 11 imposed on this Decision Notice.

The development shall be carried out in accordance with the approved LEMP.

Reason: In the interests of the character and appearance of the site and the area in which it is set, and in the interests of the provision of biodiversity net gains and the protection of protected species and habitats. This condition is imposed in accordance with Policy DEV20, DEV23, DEV26 and DEV28 of the Plymouth and South West Devon Joint Local Plan 2014-2034, and policies En1, En2, En3 En4, En5, En6, C1 and C9 of the Totnes Neighbourhood Plan 2019-2034.

This condition is pre-commencement to enable a LEMP to be secured prior to any works being carried out that could harm existing ecological/landscape features within the site.

5. Prior to commencement of the development hereby permitted a Construction and Environmental Management Plan (CEMP) shall be submitted to and approved in writing by the Local Planning Authority. The CEMP shall include, but is not limited to, the following:

· Details of site specific measures to control and monitor impacts arising in relation to construction, traffic, noise and vibration, dust and air pollutants, land contamination, ecology, pollution to the river dart and nearby watercourses, and ground water.

· A timetabled Protected Species Mitigation Strategy that includes all measures recommended in the Preliminary Ecological Appraisal (PEA), prepared by CSA Environmental, CSA/6270/01, dated September 2022.

Reason: In the interests of the protection of protected species and habitats, including the nearby County Wildlife Site and Marine Conservation Zone. This condition is imposed in accordance with Policy DEV26 and DEV28 of the Plymouth and South West Devon Joint Local Plan 2014-2034, and policies En2, En5, En6, and C9 of the Totnes Neighbourhood Plan 2019-2034.

This condition is pre-commencement to enable a CEMP to be secured prior to any works being carried out that could harm protected sites, species and/or habitats.

6. Prior to commencement of the development hereby permitted, an Arboricultural Method Statement (AMS) shall be submitted to and approved in writing by the Local Planning Authority. The AMS shall include the details set out in the Arboricultural Impact Assessment (AIA) dated June 2023 by Barton Hyett Associates. The development shall be carried out in strict accordance with the approved AMS and the AIA.

Reason: In the interests of the character and appearance of the site and the area in which it is set, in the interests of the prevention of the loss or deterioration of trees and hedgerows, and in the interests of the provision of biodiversity net gains. This condition is imposed in accordance with Policy DEV20, DEV23, DEV26 and DEV28 of the Plymouth and South West Devon Joint Local Plan 2014-2034, and policies En1, En2, En3 En4, En5, En6, C1 and C9 of the Totnes Neighbourhood Plan 2019-2034.

7. Prior to the erection of the tractor store hereby permitted, shown on drawing number: STE-2022-P-472, details of the stained timber cladding to be used on the external walls, and details of the finish colour of the sliding folding door to the garage, shall be submitted to and approved in writing by the Local Planning Authority.

The tractor store 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 site and the area in which it is set. This condition is imposed in accordance with Policy DEV20, DEV23 of the Plymouth and South West Devon Joint Local Plan 2014-2034, and policies En1, En2, En3 En4, C1 and C9 of the Totnes Neighbourhood Plan 2019-2034.

8. Prior to installation/construction on site, details of the finish colour of all new bollards, and details of all new fences, gates and walls, excluding those listed in the below bullet point list, shall be submitted to and approved in writing by the Local Planning Authority.

· Barrier shown on the Proposed Barrier Details Plan, STE-2022-P-467 Rev A

· Gates, walls and fences shown on the Proposed UA Service Point Plan, STE-2022-P-452

· Gates, walls and fences shown on the Proposed M.V.W.P Details Plan, STE-2022-P-455

· Gates, walls and fences shown on the Proposed Standard Non Awning Services Pitch Details Plan, STE-2022-P-403 Rev B

The bollards, gates, fences and walls shall be installed in accordance with the approved details and maintained thereafter.

9. Prior to the reception unit shown on Drawing Number: STE-2022-P-201, Dated Sept 22, being brought onto the site, details of timber cladding to the external walls of such shall be submitted to and approved in writing by the Local Planning Authority.

The external walls of the reception unit shall be clad in timber, in accordance with the approved details, at all times that the reception unit is sited on the land.

10. The development shall be carried out in strict accordance with the Drainage Strategy by R G Parkins, Ref: L40032.DS/001D, Version D, dated 18^th October 2023, and the approved plans listed in Condition 2, unless otherwise agreed in writing by the Local Planning Authority. The approved surface water drainage scheme shall be installed and operational prior to first use of the development hereby permitted, and shall be maintained thereafter.

Reason: To ensure the development is not at risk of flooding and does not increase the risk of flooding elsewhere. This condition is imposed in accordance with Policy DEV35 of the Plymouth and South West Devon Joint Local Plan 2014-2034, and Policy En1 of the Totnes Neighbourhood Plan 2019-2034.

11. The development shall be carried out in strict accordance with the DEV32 checklist submitted with the application and the approved plans. The Electric Vehicle Charging Point (shown on STE-2022-P-102 Rev B), which shall be a dual charging point, and the Solar Panels (shown on STE-2022-P-301 Rev A) shall be installed prior to first use of the standard non awning serviced pitches, the reception unit, the tractor store and the refurbished toilet/shower block, and shall be maintained thereafter.

Reason: In the interests of minimising the use of natural resources in the development over its lifetime and to ensure compliance with the requirements of DEV32 of the Plymouth and South West Devon Joint Local Plan 2014-2034 and En7, E7 and E8 of the Totnes Neighbourhood Plan 2019-2034.

12. The development shall be carried out in strict accordance with the Preliminary Ecological Appraisal (PEA), prepared by CSA Environmental, CSA/6270/01, dated September 2022. Prior to first use of the development hereby permitted, the bat roosting and bird nesting opportunities, and log piles and hibernacula referred to in Paragraph 5.11 of the PEA shall be installed on site, in accordance with details which shall first be submitted to and approved in writing by the Local Planning Authority. The bat roosting and bird nesting opportunities, and log piles/hibernacula shall be maintained in accordance with the approved details thereafter.

13. No vegetation clearance shall take place during the bird nesting season (01 March to 31 August, inclusive) unless the developer has been advised by a suitably qualified ecologist that the works will not disturb nesting birds and written confirmation of such has been submitted to the Local Planning Authority.

Reason: In the interests of the protection of protected species and habitat. This condition is imposed in accordance with Policy DEV26 and DEV28 of the Plymouth and South West Devon Joint Local Plan 2014-2034, and policies En2, En5, En6, and C9 of the Totnes Neighbourhood Plan 2019-2034.

14. There shall be no changes to the existing ground levels of the site unless details of such are first submitted to and approved in writing by the Local Planning Authority. Where details are approved, the development shall be carried out in accordance with such details.

Reason: To ensure that there are no detrimental impacts to flood storage or flood flow routes. This condition is imposed in accordance with DEV35 of the Plymouth and South West Devon Joint Local Plan 2014-2034 and En2 of the Totnes Neighbourhood Plan 2019-2034.

15. The development shall be carried out in accordance with the below documents/drawings:

· DIALux, STEAMER, 28/11/2022 - Site 1

· Proposed Site Wide Lighting Strategy, STE-2022-P-110, Dated Oct 22

No external lighting shall be installed within the site other than that shown on the Proposed Site Wide Lighting Strategy, STE-2022-P-110, Dated Oct 22.

16. The low level bollard lights installed on the 47no. non-awning pitches, shown on Drawing Number: STE-2022-P-110, dated October 2022, shall be turned off at all times that the associated pitch is not in use. Except for any security lighting approved at part of condition 9, all lighting shall be turned off when the site is closed.

17. Notwithstanding the provisions of Part 5, Class A, and Part 2, Class A of Schedule 2 of the Town and Country (General Permitted Development)(England) Order 2015, or any Order or Statutory Instrument Revoking and re-enacting that Order, unless shown on the approved plans or forming part of the approved details for condition 6, no gates, fences or walls shall be installed/constructed on site.

18. Notwithstanding the provisions of Part 5, Class A, and Part 2, Class A of Schedule 2 of the Town and Country (General Permitted Development)(England) Order 2015, or any Order or Statutory Instrument Revoking and re-enacting that Order, unless shown on the approved plan, no new buildings or structures shall be erected or sited on the site.

INFORMATIVES

1. The applicant/developer is advised to ensure that the sites Flood Warning and Evacuation Plan is available to all users of the site and that all site operators are signed up to the National Flood Warning Service.

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. 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.