PTE/17/25 Development Management Committee 7 June 2017 County Council Development Teignbridge District: Alterations to widen, as well as straighten the horizontal and vertical alignment of the A382. Including provision of dual carriageway between Drumbridges and Trago Roundabout; widening of the carriageway to 10m from Trago Mills Roundabout to White Hills Cross; provision of a 3.0m wide pedestrian and cycle way alongside the widened road; and provision of a new route connecting the A382 to West Golds Way near the new Newton Abbot Hospital site (Jetty Marsh II). Land at A382, West of Newton Abbot between Drumbridges roundabout on the A38 and West Golds Way, Newton Abbot Applicant: Devon County Council Application No: 16/01336/DCR3 Date application received by Devon County Council: 4 May 2016 Report of the Head of Planning, Transportation and Environment Please note that the following recommendations are subject to consideration and determination by the Committee before taking effect. Recommendation: It is recommended that: (a) Planning permission is granted subject to the conditions set out in Appendix II of this report (with any subsequent changes to the conditions being agreed in consultation with the chairman and Local Member). (b) That Committee notes the Habitats Regulations Assessment attached as Appendix III to this Report. 1. Summary 1.1 This Report relates to the proposed A382 corridor improvement works located to the West of Newton Abbot between Drumbridges roundabout and the A38 and West Golds Way in Newton Abbot. 1.2 The main material considerations in the determination of this application are planning policy considerations; nature conservation implications; landscape and visual amenity impacts; Historic Environment impacts; impacts on living and working conditions; traffic and transportation implications; flood risk implications; and surface water management issues. 2. The Proposal/Background 2.1 The A382 is the main arterial link between Newton Abbot and the A38 to the north and areas to the west, such as Heathfield Industrial Estate and Bovey Tracey. The road is generally of substandard width and alignment, junctions are generally simple give way type layout. The current road has no footpath or cycleway, except for a small section from Drumbridges roundabout to Stover Country Park. The road carries high traffic volumes and is subject to congestion at times and has a poor safety record. 2.2 The proposed improvement route passes alongside a number of land uses including Stover Country Park, caravan parks, Stover Golf Club, and ball clay pits. There are also a number of individual private properties, areas of agricultural land and woodland immediately adjacent to the A382. 2.3 The main drivers for the scheme are to provide improvements to the A382 which is not built to modern design standards and currently has no facilities for pedestrians and cyclists. The transport objectives of the scheme are:  To assist in the delivery of planned new development to the west of Newton Abbot  Improve journey times  Improve safety  Encourage the use of sustainable modes of transport. 2.4 The proposed improvements to the A382 propose straightening of the horizontal and vertical alignment of the road, a dual carriageway section between Drumbridges and the Trago Mills Roundabout and widening to a 10m carriageway from Trago Roundabout to White Hills Cross. A new road connecting White Hills Cross to West Golds Way (Jetty Marsh II) would also be constructed as part of the overall corridor improvement. The scheme is about 4km in length. 2.5 The northern end of the scheme would connect to a recently improved Drumbridges Roundabout which connects the A382 to the A38 (national network). This Drumbridges scheme was the first element of the overall improvements to the corridor. The application proposes the following improvements along the A382 corridor: A38 to Trago Mills Roundabout (approximately 500m)  Separated dual carriageways  Provision of footway cycleway  Improvements to Trago Mills roundabout  Improvements to Trago Mills Road and Ilford Park access roads Trago Mills Roundabout to Stover School (approximately 750m)  10m wide carriageway, predominantly on embankment  Crossing of Liverton Brook  Footway/cycleway on southbound carriageway  Access to Stover School (left-in/left-out) Stover School to Greycoat Lane (approximately 900m)  10m wide carriageway predominantly at existing levels  Footway/cycleway at existing levels  New pedestrian/cycle bridge across the A382  New roundabout north of Greycoat Lane (access to Forches Cross Industrial Estate)  Junction with Greycoat Lane  Existing access to Staplehill Road closed. Greycoat Lane to Ringslade Road (approximately 580m long)  10m wide carriageway predominantly on embankment  Footway/cycleway on northbound carriageway  Access to private dwelling, ball clay pit and Highweek  Roundabout junction with Ringslade Road Ringslade Road to Exeter Road/Whitehill Cross (approximately 750m)  10m wide carriageway (southbound on embankment, northbound in cutting)  Footway/cycleway alongside northbound carriageway.  Roundabout junction Exeter Road/Whitehill's Cross junction to West Golds Way (approximately 340m) (Jetty Marsh II connection)  New length of road 7.3m wide carriageway on embankment  Footway/cycleway alongside northbound carriageway 2.6 It is intended that the improvement works would be carried out in three phases:  Phase 1 - Newton Abbot to Forches Cross (including Jetty Marsh II)  Phase 2 – Forches Cross to Trago Mill Roundabout  Phase 3 – Dual carriageway section between Trago Mills Roundabout and the A38. 2.7 Drainage arrangements for the road improvements and new section of road would use a sustainable drainage system designed to attenuate flows by using filter strips, swales and attenuation ponds. 2.8 New street lighting will be provided in accordance with the Highway Authority requirements, which includes the lighting of the new roundabout junctions and the new road (Jetty Marsh II), and the lamp heads of existing lighting replaced. The lamp heads would make use of louvres to reduce light spill and have timed dimming between 10pm and 1 hour after dawn. 2.9 Whilst the scheme has been designed to minimise landscape impacts (particularly on mature trees and heritage features) the proposed improvements will involve the removal of trees and hedgerows. The applicant proposes a series of enhancement, mitigation and compensation measures including replacement and additional native planting, maintenance of planting, protection of existing trees not required to be removed and retaining walls to be faced with locally sourced stone. 2.10 The loss of habitat due to the works will be the loss of 2.36ha of broadleaved woodland, 0.5ha of coniferous woodland, 2.25ha of mixed plantation 2.28km of hedgerow, 770m of hedgerow with trees, 1ha of scrubland, 2.6ha of arable farmland, 4.8ha of improved grassland and 2.5ha of amenity grassland. The proposed replacement planting would include 3.8km of native hedgerow, 9ha of species rich grassland, 3.3ha of native woodland planting in the scheme corridor, and a further 5.7ha of woodland would be planted at an offsite but local location. 2.11 A number ecological mitigation works are proposed including installation of bat boxes, bat culvert, otter underpasses, and wildlife kerbs. Where required the proposed new hedgerows should be planted in advance of the construction phase and be an integral part of the Construction Management Plan. 2.12 The A382 corridor runs through rich historic landscape containing both designated and non-designated heritage assets, some of which will be subject to direct and indirect impact. Mitigation would be provided by restoration and conservation of the listed buildings directly affected. The area has underground archaeological potential but during construction archaeological monitoring and recording would be carried out. 2.13 There is a potential that both during and post construction there will be impacts arising from noise, particularly on properties abutting the road and designated areas. As mitigation during the construction phase the applicant has proposed to implement site management practices. Post construction the noise levels would increase and in order to minimise impacts acoustic fencing would be provided at certain locations and lower noise road surfacing would be used. 2.14 The proposal has been subject to Environmental Impact Assessment (EIA) and is accompanied by an Environmental Statement (ES). The ES covers the following topics and the issues arising where material to the determination of the application are considered in Section 6 of this Report:  Site Description  Alternative Options  Environmental Impact Assessment Methodology  Transport & Access  Ecology  Landscape  Archaeology & Cultural Heritage  Noise & Vibration  Air Quality  Greenhouse Gas Emissions  Water Resources & Flood Risk  Ground Conditions  Economic Impact  Cumulative Impacts 2.15 As a result of the consultation process additional EIA information was required and the consultation responses set out the final comments of the consultees. 3. Consultation Responses 3.1 Teignbridge District Council (Planning): No objection. The Council considers that the proposal does not conflict with its Local Plan and is content to accept the decision of the County Planning Authority. In coming to a decision it recognises that DCC will need to balance the comments of its Environmental Health section against the identified strategic need for the road improvements in the emerging Houghton Barton Development Framework SPD. 3.2 Teignbridge District Council (Environmental Health): Raise concerns about the impact of noise on properties close to the boundary of the road. Specifically it notes that the 2034 calculated sound map shows many of the noise sensitive sites will be impacted by sound levels above 55dBa when measured over a 16 hour period. It accepts that it will be difficult to protect properties close to the boundary of the new road, but the health and wellbeing of occupiers of current and future residential properties should be considered and justified. It asks whether additional acoustic barriers/structures be added to the road design or properties acoustically insulated, so that noise levels within the living rooms and bedrooms do not exceed 30dB L .” Aeq T 3.3 Newton Abbot Town Council: Fully support the proposal. 3.4 Teigngrace Parish Council: Objects to the application on the grounds that it is proposed to increase the capacity of one of the existing culverts and this would increase flooding in School Road. 3.5 Dartmoor National Park: Consulted as adjoining planning authority and no comments received. 3.6 Environment Agency: No Objection. Make the following comments on respective functions of the Agency. Groundwater and contaminated land: recommend inclusion of planning conditions dealing with risks associated with contamination of the application site. Biodiversity: Support proposed measures for safe passage of otters. It considers that the proposed biodiversity enhancements should be developed to ensure that there is no net loss of woodland/scrub habitat. Recommend that new tree planting be phased to enable sufficient habitats to develop. Fisheries: Require that the development ensures that appropriate passage is available for eels. 3.7 Natural England: No objection subject to appropriate mitigation being secured. Specific to greater horseshoe bat activity (and thereby on the integrity of the South Hams Special Area of Conservation) Natural England considers that the following mitigation measures are required:  Measures to prevent detrimental light disturbance  Measures to provide safe crossing points and maintain habitat permeability  Measures to provide suitable habitats adjacent to the road, and link to the crossing points  Offsite resilience measures  Provision of links to adjacent development mitigation proposals. Natural England also provides additional advice on further mitigation including design of culverts; habitat creation; habitat management; temporary measures to be undertaken whilst new habitats become established; a sum of £105k towards habitat resilience works; measures to prevent light spillage; and the provision and implementation of a Landscape and Ecological Management Plan 3.8 Devon Wildlife Trust: No comments received. 3.9 Royal Society for the Protection of Birds: No comments received. 3.10 Historic England: Make a number of comments on the proposal. It concludes that the accumulation of impacts to different designated assets as a result of the proposal will result in significant harm and will need to be considered under para 134 of the NPPF. This highlights the need to balance any harm against the public benefits of the scheme including any conservation gains. Specifically it identifies significant harm to the physical structure of Liverton Bridge, and the boundary wall to Stover Parkland and notes moderate adverse impacts from noise, impacting upon the setting of the registered parkland. Historic England considers that the enhancement to the parkland and repairs to Stover Bridge are fundamental parts of the conservation gains required to mitigate the impacts and consider that this should be done through a contribution to a Heritage Lottery Fund. 3.11 Devon Gardens Trust: No objection. The Trust comments that whilst the proposal would affect the setting of Stover Park (the widening would completely change the character of the road as it passes by Stover Park) it is pleased that the County Council have opted for the widening on the south west side of the road, outside the park boundary. 3.12 Sport England: No objection on the grounds that the proposal meets the exceptions test in that the widening would only affect land that is incapable of forming part of a playing pitch and the development does not impact on the existing playing fields. 3.13 National Grid Plant Protection: Provides advice on requirements when working on or close to National Grid apparatus. 3.14 South West Water: Conforms that the proposed surface water disposal is acceptable. 4. Advertisement/Representations 4.1 The application was advertised in accordance with the statutory publicity arrangements by means of a site notice, notice in the press and notification of neighbours by letter. As a result of these procedures 10 letters of representation have been received from local residents. Of these representations 5 object to the proposal, 4 make comments and 1 supports the scheme. In addition letters of objection have been received from representatives acting on behalf of Stover Golf Club, Trago Mills, Sibelco and the owner of Berry Knowles. 4.2 The objections from nearby residents are summarised:  Impact on the golf course – suggest road widening should take place on opposite side.  Visual impact of new pedestrian cycle overbridge.  Pedestrian/cycleway would be better located on the opposite side of the road to that proposed.  No need for new cycleway as this can be accommodated on the Templar Way.  The footpath/cycleway crossing to link up with the recently constructed bridge at Drumbridges should be placed at the Drumbridges roundabout.  Impact of noise on residents of Orleigh Cross.  Increased air pollution  Increase in flood risk  Increase in traffic congestion from Orleigh Cross  Detrimental visual impact of the proposal.  Proposal results in gaining access from Newton Abbot Hospital difficult.  Impact on the children’s playground  Loss of natural habitat. 4.3 Those not objecting but making comments refer to the following issues:  Seeks assurance that flooding would not be made worse  Seeks assurances that trees would be protected  Wants information on the timing of construction  Seeks information on noise attenuation measures 4.4 The supporting representation is on the grounds of improved safety for access onto the A382, provision of walking and cycling facilities and that the road will support business growth. 4.5 The following representations from specific landowners and businesses have been received:  Stover Golf Club -Concern about the impacts upon the golf course: The Club comment that the application will affect 5 holes at the course but notes the planning permission (ref: 16/00922/MAJ) for the replacement of the 5 holes (Sports England provided conditional support to this application). They request that the replacement golf course facilities are in use before the works for the A382 affecting the existing course commences, and that this is secured by a planning condition or obligation, of the above permission. They also question why the road wasn’t widened on the opposite side of the road into the Registered Park and Garden; impacts for users during construction and upon the business; that there is no formal guarantee that the lost holes would be replaced; concerns about additional maintenance if additional holes are provided; concern that car parking would not be adequately replaced; concerns about road safety and access into the gold club; concerns about delays during the construction period for those getting to the golf club and the impact for users; impacts from noise and about how mitigation funding would be spent.  Sibelco – Object to the scheme raising concern about the impact upon allocated employment land adjacent to the proposed Whitehill’s roundabout and Orleigh Park. The location of the road would reduce the area for the allocated development, stating that this would make it unviable for employment use and access into the site. It also raises concerns about restriction over developing other land owned by Silbelco due to the location of the Jetty Marsh Link. It is considered that the land set aside for the road scheme is greater than necessary. Silbelco consider the land taken by the Jetty Marsh link road is off strategic mineral importance in relation to nationally significant mineral resource, and that the proposed development is likely to sterilise the resource.  Trago Mills have raised a number of concerns regarding impacts upon their business, principally these are concerns about the proposed hours for construction; the need for further detail in the construction management plan, particularly in terms of traffic management and the proposed one way system during construction; and the need to address these issue in the ES prior to determination.  Berry Knowles – Raise concerns about the need for a verge next to the property; concern about the proximity of the proposal to the dwelling, particularly in relation to impacts from noise; air quality and amenity. 4.6 Copies of representations are available to view on the Council website under reference DCC/3851/2016 or by clicking on the following link: https://planning.devon.gov.uk/PlanDisp.aspx?AppNo=DCC/3851/2016 . 5. Planning Policy Considerations 5.1 In considering this application the County Council, as County Planning Authority, is required to have regard to the provisions of the Development Plan insofar as they are material to the application, and to any other material considerations. Section 38 (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 indicate otherwise. In this case, the Development Plan policies are summarised in Appendix I to this report and the most relevant are referred to in more detail in Section 6 below. 6. Comments/Issues 6.1 This section of the Report examines the main material considerations to be considered in the determination of the application. Planning Policy Considerations 6.2 The Teignbridge Local Plan sets out the policies, proposals and actions to meet the environmental, social and economic challenges facing the area between 2013 and 2033 and provides a strategy for the distribution and level of development and supporting infrastructure. 6.3 Teignbridge Local Plan Policy HT1 (Heart of Teignbridge – Movement) sets out support for the realignment of the A382 Bovey Tracey Road between Newton Abbot and Drumbridges roundabout at the A382; the provision of pedestrian and cycle provision; and the Jetty Marsh Phase II link road where it can be demonstrated that there would be no adverse effect on the integrity of the South Hams Strategic Area of Conservation (SAC). 6.4 Policy S14 (Newton Abbot) provides, amongst other things, for the allocation of employment development; residential development improvements to the road network; and provision of new road infrastructure. 6.5 The scheme contributes to the five key objectives set out in the Devon and Torbay Local Transport Plan 3 (2011 - 2026) to achieve the vision for a low carbon transport system that offers choice and encourages sustainable travel behaviour:  Deliver and support new development and economic growth by opening up development at Forches Cross and Houghton Barton  Make best use of the transport network and protect the existing transport asset by prioritising maintenance by improving the existing A382 and increasing capacity  Work with communities to provide safe, sustainable and low carbon choices by delivering cycle and pedestrian facilities between new developments and Newton Abbot, giving residents a viable choice to use sustainable modes.  Strengthen and improve the public transport network by reducing delay on principle County Bus Routes towards Newton Abbot  Make Devon the 'Place to be naturally active' by improving pedestrian and cycle facilities encouraging active travel between new developments and Newton Abbot. 6.6 In the determination of this application Members will need to balance this strong policy support against any adverse impacts of the development. Nature Conservation Issues Statutory Designations 6.7 There are two statutory designations potentially impacted upon by the proposed development, these being the South Hams Special Area of Conservation (SAC) and Stover Park Site of Special Scientific Interest (SSSI). 6.8 The northern part of the scheme lies on the edge of the current Chudleigh Greater Horseshoe Bat SAC Sustenance Zone. Two SAC strategic flyways pass across the A382 – one along the top of the A382 (the A38 corridor) and the other along Liverton Brook (which crosses under the A382 at Stover Bridge). Due to the proximity of the site to the European designation, the Council, as Competent Authority, is required by the Habitats Regulations to carry out a Habitats Regulations Assessment (HRA) to screen for likely significant effects on the SAC. A copy of the HRA screening can be found in Appendix III. The screening for the HRA confirms that the scheme has the potential to impact upon Greater Horseshoe bats, though loss of foraging habitat within the Sustenance zone and impacts upon flight lines across the road affecting wider landscape permeability. Mitigation measures have been put forward, in this case these are: the provision of two culverts to facilitate safe crossing points; the protection and enhancement of the existing crossing at Stover/Liverton Bridge; dense tree/scrub planting along the road corridor to discourage the bats from crossing the road and to encourage use of the safe crossing points; lighting lux/timings addressed in the Construction Environmental Management Plan (CEMP); contribution to a mitigation fund for wider improvement associated with the SAC. Subsequently, with mitigation in place, it is view of the Authority view that the proposal would not have a significant adverse effect on the South Hams SAC. 6.9 As a result of the proposed drainage arrangements the proposal is not considered to have any direct impact on the Stover Park SSSI. Priority Habitats 6.10 The proposal would result in the loss of hedges, broadleaved woodland, coniferous and mixed plantation. Mitigation will be provided by new hedge along the majority of the road and planting/management of hedges and planting of 3.3ha of broadleaved woodland planting along the scheme corridor, 5.7ha of broadleaved woodland offsite. It is considered that this is an appropriate level of mitigation. Protected Species 6.11 There are a number of potential impacts on bat species, including tree roosts, roosts in buildings and impacts on foraging habitat and flight lines. Survey work has not revealed any evidence of bat roosts in trees. One Greater Horseshoe bat was recorded in the Ice House which will require it to be protected during the construction works. The main impact is that the widened road will either increase the risk of collisions (where crossings are attempted), or increase the barrier effect, especially for low flying species. The Great Horseshoe bat mitigation works will also provide mitigation for other bat species. 6.12 The proposal will result in the loss of hedge banks and woodland which is suitable habitat for Dormice and the developer will need to secure the appropriate licence from Natural England before works can take place. In this case the licence is likely to be issued as the development is required to facilitate planned development, there are no less harmful alternatives and the widening is less damaging that providing a new route. The mitigation set out in the ES (new hedges and replacement and additional woodland) is sufficient to compensate for the loss of habitat. Nature Conservation Conclusion 6.13 In order to secure appropriate protection and mitigation as set out in the ES it is recommended that a planning condition is imposed securing a detailed Landscape and Ecological Mitigation, Management and Monitoring Strategy (LEMMMS) in advance of any works taking place. Also, submission and approval of a detailed Construction Management Plan will be secured by planning condition; this will deal with minimising nature conservation impacts during construction. Other commitments which have been guaranteed by the applicant are the provision of a £105K fund for Greater Horseshoe Bat mitigation and the planting of 5.7ha of broadleaved native woodland to compensate for loss of woodland and to benefit bats, dormice and other wildlife. It is concluded that with this level of mitigation and compensation the impact on nature conservation interest will be appropriately mitigated. Landscape and Visual Amenity 6.14 Landscape impacts arise as a result of the removal of individual mature trees, hedge banks and areas of woodland. There will also be an impact due to the widening of the road corridor (including cuttings and embankments) and the introduction of new engineered structures such as the proposed new roundabouts, overbridge and associated lighting. It is considered that this will result in a moderate adverse and permanent impact. 6.15 The relevant landscape designations protected Countryside (Policy S22 – Teignbridge Local Plan), and a Grade II Stover Registered Park and Garden. Views of Haytor, and the Dartmoor National Park (1.5km at its nearest point) can be made from the road, and an Area of Great Landscape Value, is also found to its east (3.25km). In terms of local Landscape Character, the road falls within the ‘Bovey Basin’ area which is described as a largely flat river basin ringed by hills, often wooded, including the rim of Dartmoor. 6.16 It is considered that the majority of the adverse landscape and visual effects have been mitigated through sensitive design to restore lost features and planting screening vegetation. This has included the widening the road on its southern side, in order to minimise encroachment into the Registered Parkland. 6.17 So far as mitigation is concerned, during the construction phase it is important in landscape and visual terms that existing vegetation not programmed for removal is protected. This would be secured by the provisions of the required Construction Management Plan. The planting and maintenance of new landscaping features would be secured in the required LEMMMS. 6.18 In terms of immediate visual impact the properties nearest the new Jetty Marsh Link Road would experience the most significant impact. The properties facing onto where the new road will be presently look out over trees and countryside and this will be replaced by a 5m high embankment on top of which will be a lit road. However, this section of road is identified for construction in the adopted Local Plan and visual impacts will be mitigated by tree planting on the embankment and the lamp heads would be louvered to avoid light shining into the properties.