Agenda item

To receive a report from the Director of Place and Economy on the Grand Western Canal Conservation Area Appraisal and Management Plan.

The Cabinet had before it a report * from the Director of Place and Economy on the Grand Western Canal Conservation Area Appraisal and Management Plan.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report with particular reference to the following:

• The Grand Western Canal Conservation Area Appraisal and Management Plan, including the amendments to the extent of the Grand Western Canal Conservation Area be formally adopted.
• Sections 69 & 71 of the Planning (Listed Buildings and Conservation Areas) Act 1990 stated that local authorities shall from time to time determine which parts of their area were areas of special architectural or historic interest, the character or appearance of which it was desirable to preserve or enhance.
• The Grand Western Canal Conservation Area was adopted in 1994, and had not been subject to a review or had proposals for its preservation and enhancement published.
• The Council had prepared the Conservation Area Appraisal and Management Plan in order to meet the requirements of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the National Planning Policy Framework (NPPF), as amended in December 2023.
• This Appraisal & Management Plan was far superior and much more robust than the 1½ page brevity of the 1994 Report and it now had taken into account the changes in methodology and best practice. 
• A full and comprehensive public engagement and consultation exercise on the draft document had taken place. The report included a summary of the public consultation and the key issues raised. All comments received were reported in full within Appendix 2, together with the Council’s response and the changes that had been made to the Conservation Area appraisal.
• The specific changes made to the document following the public consultation included:

Land adjacent to Tidcombe Hall, Tiverton – The Council had been made aware that Tidcombe Hall and the land adjacent was at one time in the same ownership and had contributed to the layout of the canal. The land adjacent to Tidcombe Hall therefore had sufficient special interest to justify the retention in the Conservation Area and this approach was consistent with the National Planning Policy Framework (NPPF).

Pondground Cottage, Holcombe Rogus – The Council had been made aware that Pondground Cottage and the adjacent land had historic links to the nearby quarries and the canal. It was therefore proposed to retain this area within the Conservation Area boundary. This approach was consistent with the NPPF requirement to ensure that Conservation Areas had sufficient architectural or historic interest to warrant designation.

Area of woodland known as ‘Snakes Wood’, Tiverton – The boundary of the Conservation Area adjacent to Snakes Wood had been amended to include the canal’s embankment. Residents who were opposed to the de-designation of the woodland and had raised a variety of points including ecology, wellbeing and health as positive attributes for the area. Local planning authorities should ensure that an area justified designation because of its special architectural or historic interest. This area of woodland was not of architectural or historic interest and therefore de-designation of the area was consistent with the NPPF requirement to ensure that Conservation Areas had sufficient interest to warrant designation. This approach was consistent with Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and the NPPF.

The Council recognised the value of the canal for ecology, informal recreation, and health and well-being for local residents and visitors and in supporting local businesses. The Council acknowledged the public appreciation of the values of conservation including wildlife. The public could be reassured that the Council had other ways to secure the value of sites like ‘Snakes Wood’ both within the policies of the Council and the biodiversity duty on the Council. This was a future task of the Planning, Environment & Sustainability Policy Development Group. However, those matters were not relevant to the designation of the conservation area in terms of its special historic or architectural interest. Those matters were supported through other work of the Council as a Local Planning Authority and the promotion by the Council as a visitor destination, and through Devon County Council’s management of the canal as a Country Park. Species and habitats were legally protected. This was also included through the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017. National planning policy and policies in the adopted Mid Devon Council Local Plan also sought to protect and enhance habitats and biodiversity. The canal was a designated Country Wildlife Site and also a designated Local Nature Reserve and Country Park.

Snakes Wood was designated as an area of Ancient Woodland and also a Country Wildlife Site. The canal and Snakes Wood were protected and managed through these designations.

A number of letters had been received following the public consultation and the publication of the report for this meeting. The Council had acknowledged this as they drew attention to the ecological value of the canal and Snakes Wood. The Council had already given careful consideration to this matter in the responses within Appendix 2 and those letters would be responded to in due course.

The recommendations included in the report had been considered and endorsed by the Planning Policy Advisory Group.

Discussion took place regarding:

• Members had attended Parish Council meetings and that Sampford Peverell Parish Council had took part and visited people in the community in regards to the consultation.
• The exercise that had been undertaken in regards to the consultation had been appropriate and fully consulted with by those affected.
• The Grand Western Canal Joint Advisory Committee were supportive of the work undertaken by officers.
• The protection of Snakes Wood and whether the Council could further protect the woods.
• The accusation that had been made to the Council and the perceived lack of openness and transparency.
• The Process and the Council’s duty to review conservation areas.
• The consultation and correspondence that had been received with regards to the Grand Western Canal.
• The Tidcombe Hall area and two previous planning applications that had been refused.
• The concerns about the conservation area status on the canal and the history of the canal.

RESOLVED that Cabinet recommend to Council that:

1. The Grand Western Canal Conservation Area Appraisal and Management Plan (Appendix 1 to this report), including proposed amendments to the extent of the Grand Western Canal Conservation Area made through Section 69(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended), and used to assist in the process of determining planning applications and for implementing management proposals be formally ADOPTED.

(Proposed by Cllr S Keable and seconded by Cllr J Buczkowski)

Reason for the decision: As stated in the report

Note: * Report previously circulated.