Case 3258883

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB

Teignbridge District Council — appeal allowed

Outcome
Allowed
Decision date
13 July 2021
Authority
Teignbridge District Council
Inspector
Nicholls H
Procedure
Hearing
Casework type
Planning Appeal
Type detail
Planning Appeals - Outline
Development type
Major offices/R&D/light industry
Appellant
Little Liverton SW Limited
Agent
Roach Planning
LPA reference
19/00122/MAJ
ONS LPA code
E07000045
Jurisdiction
Transferred
Link status
Not Linked
Start date
1 March 2021

Summary AI

The appeal was allowed due to the proposal's overall compliance with the development plan, despite some conflicts with policies related to transport and accessibility. The scheme's benefits, including the delivery of up to 14,000 sqm of employment floorspace, outweighed its adverse effects.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Hearing Held on 10 May 2021 Site visit made on 11 May 2021 by Mrs H Nicholls FdA MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 13 July 2021 Appeal Ref: APP/P1133/W/20/3258883 Land adjacent to Little Liverton Business Park, Liverton, Newton Abbot TQ12 6AB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant outline planning permission. • The appeal is made by Little Liverton (SW) Ltd against the decision of Teignbridge District Council. • The application Ref 19/00122/MAJ, dated 14 January 2019, was refused by notice dated 26 June 2020. • The development proposed is outline for B1, B2 and B8 units. Decision 1. The appeal is allowed and planning permission is granted for outline for B1, B2 and B8 units on land adjacent to Little Liverton Business Park, Liverton, Newton Abbot, TQ12 6AB, in accordance with the terms of the application, Ref 19/00122/MAJ, dated 14 January 2019, subject to the conditions in the attached schedule. Procedural Matters 2. The appeal application was made in outline form with detailed access and landscaping.

Page 1 · Chunk 1 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Any plans depicting the specific locations of the units and parking areas have consequently been treated on an illustrative basis. 3. The description of the development refers to use classes B1, B2 and B8. However, following changes to the Use Classes Order1, use class B1 has been merged into new Use Class E. Whilst B2 and B8 remain unchanged, the parties agreed that Classes E (g)(i),(ii) and (iii), office, research and development and light industrial uses would be equivalent to the B1 uses originally applied for. 4. In determining the appeal I have taken into account the Statement of Common Ground (SoCG) that has been agreed by the appellant and the LPA. This is an important document. Amongst other things, it states that the proposals are satisfactory in respect of impacts on the character of the area; parking issues; impacts upon residential amenity; ecology issues and; surface water and foul drainage. 5. Following the close of the hearing, new evidence not previously available was brought to my attention.

Page 1 · Chunk 2 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision This evidence took the form of the agenda pack for the Council’s Executive Committee Meeting including details on consultation on 1 Changes made by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 to the Town and Country Planning (Use Classes) Order 1987, as amended https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision This evidence took the form of the agenda pack for the Council’s Executive Committee Meeting including details on consultation on 1 Changes made by the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 to the Town and Country Planning (Use Classes) Order 1987, as amended https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/20/3258883 the Draft Teignbridge Local Plan Review (Part 2) 2020-2040: Creating Quality Places – Site Options (DLPP2). The Council subsequently indicated that it resolved to publish the DLPP2 for consultation until the 9 August 2021. As such, the DLPP2 is at Regulation 18 consultation stage2 and presents a range of site options that could accommodate new homes, employment sites, gypsy and traveller pitches and renewable energy generation. 6. The DLPP2 recognises the need to support new business development, resist the loss of existing employment land and allocate sites for new employment development, to ensure that there is sufficient land available for new businesses to start up, and for existing businesses to relocate and expand. However, a large range of sites are included as part of the DLPP2 and it cannot be assumed that the appeal site, or any other site considered, will necessarily go on to be allocated. 7. I have consulted on the publication of the DLPP2 as part of the appeal proposal and taken into account the views of interested parties.

Page 2 · Chunk 5 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Insofar as the DLPP2 indicates that the appeal site is considered to be potentially suitable in principle for employment development, I have taken it into account as a consideration of relevance. However, as the separate formal consultation has yet to conclude on the DLPP2, prior to its refinement and independent examination, it can only be given limited weight at this stage. Main Issue 8. The main issue in this proposal is the need for, location and scale of the development relative to its accessibility by a range of travel modes. Reasons Background 9. The proposal seeks permission for up to 14,000 sqm of employment floorspace comprising a mix of B1/E, B2 and B8 uses on a developable site area of around 4 hectares. The site adjoins the settlement of Liverton and is bound to the south-east by the A38 with the Trago Mills retail and leisure complex further beyond. The C454 (old A38) provides access to the site from the north-west. To the south-west the site is adjoined by a range of employment units forming part of Little Liverton Business Park. The northern-eastern corner and eastern boundary adjoin the wooded area around Liverton Brook. 10.

Page 2 · Chunk 6 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision As part of the Teignbridge Local Plan (adopted 2014) (Local Plan), Policy S3 (a) seeks to allocate sufficient land for the development of 3 hectares/12,000 sqm of business, industrial and warehousing sites per year. Other than the general aim to promote a range of scales and types of economic development land (b), Policy S3 (c) also specifically seeks to ensure a deliverable supply of 15 hectares of land for business, industrial and warehousing uses at any one time, which was agreed is equivalent to a five year supply. 11. Looking back at past delivery, the Council acknowledges that there has been a persistent under delivery against the 3 hectare/12,000 sqm annual target, with an approximate deficit of 60,000 sqm, or around 30,000 sqm if the baseline year is taken as 2013 to correlate with the start of the Local Plan period. Even 2 Town and Country Planning Local Planning (England) Regulations (2012) (as amended) https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/20/3258883 the latter figure of 30,000 sqm represents a substantial shortfall considered in the context of the cumulative target of 72,000 sqm over the same period. There has actually only been one year (2014/2015) in which the target has been exceeded, with all other years achieving up to around 8,000 sqm as a maximum. Furthermore, the Council accepts that very little of the delivery has actually come from its Local Plan allocations3, the total hectarage of which amounts to 75.7 hectares, with around 85% of delivered employment space having come from unallocated rural sites. 12. In terms of a deliverable supply of employment land, the appellant’s assessment generated a figure of 1.04 years’ worth, whereas the Council indicated at the hearing that its own calculations derived a 1.08 years’ supply. Clearly, whether 1.04 or 1.08 years’ worth, the figures are not so dissimilar and both fall well short of the required five year supply. 13. The Council’s recent progress with granting consents for employment schemes is relevant, including one for a site elsewhere also in the ownership of the appellant.

Page 3 · Chunk 8 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Despite the scepticism about the track record on delivery, I note from the evidence before me that there would be no impediment to delivery of the appeal proposal. That said, I have had regard to the outline nature of the scheme, which would not immediately result in any permission being counted as deliverable using the Council’s and appellant’s qualifying criteria in this regard. I have also taken account of the range of existing and committed local employment sites and the potential effects of the COVID-19 Pandemic, but do not consider that cogent evidence has been provided to indicate that there is already an over-supply in the face of economic uncertainty, or any likelihood that the proposal would only pull employment opportunities away from other sites rather than create more of the same. 14. Drawing all of these elements together, on the basis of the considerable shortfall in delivery, the absence of an adequate deliverable supply, and the distorted outcome where rural delivery has exceeded that anticipated for urban and allocated sites, the appellant asserts that Policy S3 is out-of-date and that Local Plan Policy S1A which contains in internal ‘tilted balance’ is engaged. 15.

Page 3 · Chunk 9 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Whilst the engagement of a ‘tilted balance’ owing to an absence of a five year supply is more typical of housing proposals under the terms of the National Planning Policy Framework (the Framework), it is clear that the Council has clearly failed to meet its own measurable policy targets set by Policy S3. It is against the above background that I now turn. Scale relative to accessibility 16. Whilst a number of other Local Plan policies are relevant, the Council has listed Policies S22, S9 and EC3 in its reason for refusal. The Framework seeks to limit the need to travel and offer genuine choice in relation to modes of transport, taking into account that the range of sustainable transport solutions will vary between urban and rural areas. Policies EC3, S22 and S9 are in general conformity with the Framework aims in this regard. 17. Policy S22 seeks to strictly manage development in open countryside in order to provide attractive, accessible and biodiverse landscapes, sustainable 3 Teignbridge District Council Local Plan Review Issues Consultation 2018 https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 10 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/20/3258883 settlements and a resilient rural economy. Under S22(b) the types of permissible developments in the countryside includes industrial, business and warehousing schemes. However, the caveats set out in S22 (f) – (i) also includes (h) which requires consideration of the impact on overall travel patterns arising from the scale and type of development. 18. Policy S9 relates to sustainable transport and seeks to minimise the need to travel, and locate development which is designed to promote public transport, cycling and walking as transport modes of choice, through means such as travel plans, infrastructure and parking provision for bicycles. Aspects of Policy S9 with which the proposal can comply include the need to provide safe improvements to existing transport infrastructure, provision for electric vehicles and parking for both bicycles, cars and other vehicles. 19. Policy EC3 sets out that developments for business, general industrial and storage and distribution uses in open countryside will be acceptable in principle, subject to a range of factors, including where they extend or expand an existing business or employment site (a), or, adjoin a defined settlement (d).

Page 4 · Chunk 11 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision The proposal comprises a range of supportable employment types on sites in the countryside which adjoin a defined settlement. It would also expand an employment site in the ownership of the appellant and, whilst being larger than the host site, would be seen in context therewith, particularly given the absence of any substantial intervening boundary between the two sites. 20. The support for employment schemes under Policy EC3 is subject to a range of criteria, including (f), which indicates that the scale of employment should be appropriate to the accessibility of the site by public transport, cycling and walking and the standard of highways, and would improve the balance of jobs to working age population within the immediate vicinity. 21. In terms of the standard of highways, whilst highway safety and suitability are factors of concern for local residents, the general connectivity of the site to the road network for the nature of the additional traffic likely to be generated is not a matter of dispute between the parties. I agree that there is an adequate opportunity to provide a satisfactory access and pedestrian crossing to the site.

Page 4 · Chunk 12 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision There is adequate road width to accommodate HGV movements and, whilst I accept that there will be additional vehicular movements which will coincide with the school run traffic with its associated on-street parking, I do not reach an alternative view to the relevant highway consultees that consider these aspects are, or can be made acceptable. 22. In terms of the balance of jobs to the working population, whilst there is a suggestion that the population of Liverton is modest, with around 1,289 usual residents with fewer of working age and low unemployment4, there is no metric by which I could specifically determine the jobs to population ratio to be disproportionately high. The proposal would undoubtedly increase the balance of jobs to the working age population in accordance with this part of Policy EC3 (f), if not only to serve the immediate area then to serve a wider catchment within reasonable travelling distance. 23. In terms of the accessibility of the site by a range of sustainable travel modes, I was directed by the parties to a number of routes from the site to the nearest 4 2011 Census data https://www.gov.uk/planning-inspectorate 4

Page 5 · Chunk 13 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/20/3258883 bus stops, along the pedestrian footway to the roundabout at Drumbridges and along the footpath to Trago Mills. By car I took the suggested cycle route to Bovey Tracey and the alternative driving and bus routes. I also drove to Bickington and to Heathfield, noting the scale and location of Power Park, and also to Newton Abbot, which allowed me to view the Phase 1 Corridor Improvements along the A382. 24. In terms of the ability to access the site by bicycle, I consider that the distance from a range of settlements and suitability of roads, and where present, cycleways, would provide a genuine choice to cycle instead of drive to/from work. Options to walk to work would be attractive to only employees living within and around the village of Liverton itself, and possibly also Heathfield. However, continuous footways do exist in either direction from the site so there is scope for longer journeys on foot, where desired or necessary. There are also a range of options for walking to local shops and facilities from the site which may be attractive for employees during lunchbreaks. 25.

Page 5 · Chunk 14 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision In terms of bus travel, the local bus services from the Benedicts Bridge/Road bus stops, which are within 5 minutes’ walk from the appeal site, originate from, and travel to a range of destinations, including Exeter, South Brent, Buckfastleigh, Ivybridge and Plymouth. The timings and frequency of services make such journeys possible for a working day, albeit beginning early and with a limited choice of departure times. However, services from these stops from Newton Abbot or Bovey Tracey do not time sufficiently to allow arrival for a typical working day. 26. The Drumbridges bus stops (north and south bound) are further away, at approximately 1.5 km which takes around 18 minutes to walk from the appeal site. This length of walk is at the upper end of the preferred maximum Suggested Acceptable Walking Distance5. Whilst feasible for the fully ambulant pedestrian, the length of walk is an inhibiting factor. The absence of street lighting in places, narrowness of sections of the footway (due to lack of vegetation management), and the risk to safety at the uncontrolled crossing of the two-lane exit from the roundabout are factors that undermine the desirability of this walking route. 27.

Page 5 · Chunk 15 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Whilst there are far more regular bus services from Drumbridges to/from a range of destinations, including Newton Abbot and Bovey Tracey, the walking distance and nature of the route may render this a less attractive option to employees when compared with the simplicity of the same journey by car. 28. I have considered the potential for future travel planning efforts to encourage a modal shift, through means including car sharing, cycling initiatives, and to promote an increase in frequency or optimisation of bus services from the Benedicts Bridge stops. The submitted Framework Travel Plan does not set any specific targets or detail any innovative measures in this regard, and its success may rely on the co-ordination of efforts across all business units and the provision of quality infrastructure within the site itself, including showers, cycle parking and good estate road layouts. Given the outline nature of the scheme, I do not have such details before me, but I consider that such proactivity is necessary and can make a difference.

Page 5 · Chunk 16 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision 5 Suggested Acceptable Walking Distance upper limit of 2,000 metres for commuting as set out in the Institution of Highways and Transportation, “Guidelines for Providing Journeys on Foot” (2000) https://www.gov.uk/planning-inspectorate 5

Page 5 · Chunk 17 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision 5 Suggested Acceptable Walking Distance upper limit of 2,000 metres for commuting as set out in the Institution of Highways and Transportation, “Guidelines for Providing Journeys on Foot” (2000) https://www.gov.uk/planning-inspectorate 5

Page 6 · Chunk 18 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/20/3258883 29. Taking all the above into account, given the semi-rural location of the site, it is only reasonably accessible relative to the scale of the development proposed, offering a constrained provision of infrastructure and means by which to minimise the need to travel by car. Whilst a degree of choice to travel by bicycle, bus or walk exists, it is sub-optimal in terms of the predicted range of employee numbers, i.e. between 200 to 400, and the take-up of walking or bus travel (or a combination of both), would be likely to be modest. For these reasons, it is apparent to me that the Local Plan prioritised the delivery of developments of such scale in more strategic positions or urban areas that better cater for a larger pool of potential employees and where a greater range of travel modes are available and practical to use regularly. 30. Consequently, I consider that there is a degree of conflict with Local Plan Policies EC3 (f), S22 (h) and S9. Other Matters 31. I note the agreement between the main parties in relation to many aspects of the proposal, though such matters were raised as points of objection by many interested parties.

Page 6 · Chunk 19 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision In this regard, I note the concerns of local residents in relation to potential air pollution problems, particularly in relation to HGVs travelling past Bickington School. The health of pupils and residents alike is a valid concern. However, given the character of the roads and surrounding landscape, combined with the predicted trip numbers and route options, along with the absence of any such objection from the Council’s Environmental Health Team, this aspect does not in itself warrant withholding permission. 32. Though many local residents have concerns about the impacts of the proposal on the landscape character and visual amenities of the area, this was not in dispute between the parties. Using the relevant Council consultee response and submitted Landscape and Visual Impact Appraisal, I generally viewed the site as being quite discreetly positioned in wider landscape terms and typical of the host landscape. The visual receptors most affected would be those using the C454 through the village and in such views the landscape and visual changes would be marked. I also viewed the site from other viewpoints, including from the A38.

Page 6 · Chunk 20 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Whilst the view for transient receptors here would be changed, the site is set down from the level of the road and the introduction of largescale buildings in the view would not detract from the appreciation of the Dartmoor hills backdrop in this view. Therefore, despite that it would result in visible change to the immediate area, the proposal, inclusive of a comprehensive landscaping strategy, would not be so harmful to the setting of the village, to the wider area or in any particular viewpoint that it conflicts with the Council’s Policies in this regard (Policies S1, S2 and EN2A). 33. I have noted the desire expressed in relation to a condition to stipulate a mix of uses to be distributed evenly across the site. The submitted Transport Assessment includes an estimate on trip numbers based on a predominant B2 use class, although the application seeks a flexible mix. The Council has sought to secure details by conditions in relation to the mix of uses within the maximum permitted floorspace in order to provide flexibility. Any potential imbalance between the uses or exceedance of the anticipated impacts, e.g. in terms of vehicle trips or noise, could be prevented through such a condition. 34.

Page 6 · Chunk 21 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision I have had specific regard to the potential for noise to affect local residents. In the absence of detailed plans, it is difficult to determine the precise location https://www.gov.uk/planning-inspectorate 6

Page 6 · Chunk 22 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision I have had specific regard to the potential for noise to affect local residents. In the absence of detailed plans, it is difficult to determine the precise location https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 23 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/20/3258883 and form of noise mitigation that may be necessary. This could be secured by condition. Whilst the Council’s Environmental Health Team provided suggested conditions, subsequent agreement has been reached on an alternative noise limit condition to adequately protect neighbouring occupiers. 35. I have reviewed the biodiversity information submitted and, whilst I deal with matters relating to the South Hams Special Area of Conservation (SAC) separately, I consider that the mitigation and enhancement measures proposed and to be secured by condition would be adequate. 36. Whilst I note the submitted information in respect of flood risks, the suggested conditions and absence of objections in this regard are adequate for me to conclude that the proposal would be satisfactorily located and would not increase the risk of flooding elsewhere. Similarly, I can only conclude that the proposal would not harmfully affect the availability of mineral reserves. Protected Sites 37. The appeal site is affected by the Landscape Connectivity Zone associated with the SAC which is designated under the Habitats Regs6 for its Greater Horseshoe Bat (GHB) population.

Page 7 · Chunk 24 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision As competent authority, I am required to ascertain the likelihood of significant effects on the SAC. 38. I have had regard to the submitted evidence in relation to the site’s use by bats and the measures by which the proposal could enable continued use without harm or disturbance from aspects such as lighting or noise. The protections are numerous, covering aspects such as lighting and landscaping, and require implementation at various stages to ensure their effectiveness. 39. Given the manner in which the site is assessed to have a limited use by GHB and other bat species, and the number of mitigation measures that can be implemented to offset any indirect effects, in my view, significant effects on the SAC would not be likely. I have had regard to such potential effects and have consulted with Natural England, with my findings in this regard and have taken its response into account in reaching my decision. Conditions 40. I have considered the conditions in light of paragraph 55 of the Framework and the Planning Practice Guidance. Whilst the parties had an agreed list of conditions within the SoCG as part of the hearing, the need for alterations to certain conditions was discussed.

Page 7 · Chunk 25 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Some discretionary elements of conditions have been removed in the interests of certainty. 41. Given the outline nature of the scheme, conditions are necessary requiring the submission of reserved matters applications within the prescribed time frame and for the implementation of the relevant phases following reserved matters approval. In the interests of certainty, it is also necessary to list the approved plans and documents. 42. For similar reasons in respect of certainty, it is necessary to condition the submission of a phasing plan and specify the maximum amount of permitted floorspace on the site as a whole. 6 Conservation of Habitats and Species Regulations (2017), as amended https://www.gov.uk/planning-inspectorate 7

Page 7 · Chunk 26 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Some discretionary elements of conditions have been removed in the interests of certainty. 41. Given the outline nature of the scheme, conditions are necessary requiring the submission of reserved matters applications within the prescribed time frame and for the implementation of the relevant phases following reserved matters approval. In the interests of certainty, it is also necessary to list the approved plans and documents. 42. For similar reasons in respect of certainty, it is necessary to condition the submission of a phasing plan and specify the maximum amount of permitted floorspace on the site as a whole. 6 Conservation of Habitats and Species Regulations (2017), as amended https://www.gov.uk/planning-inspectorate 7

Page 8 · Chunk 27 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/20/3258883 43. In order to ensure that the scheme delivers the type of development that is most needed in the area and in order to protect the interests of neighbouring occupiers, a condition is needed to specify the nature of the permitted uses. 44. In order to preserve any potential archaeological interests, a condition is necessary specifying that the development shall be undertaken in accordance with a written scheme of investigation to be approved. 45. In the interest of the biodiversity value of the area and with particular regard to bats, conditions are necessary to require all reserved matters application/s to come forward with the necessary mitigation measures. For similar reasons, it is also necessary to secure a Landscape and Ecology Management Plan, details of lighting schemes and construction lighting restriction measures. A biodiversity management plan is also required by condition. 46. In the interests of managing the construction process in the interests of neighbour amenity and environmental quality, it is necessary to condition the submission and adherence to a Construction Environment Management Plan/s. 47.

Page 8 · Chunk 28 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision A waste audit statement is required by condition during the construction phase to limit the environmental effects of such. For similar reasons and also in the interests of the efficiency of the highway, a condition requiring the approval and adherence to a Construction Management Plan (CMP) is necessary. 48. In the interests of minimising the risks of flooding and to ensure that the necessary drainage infrastructure is in place throughout both the construction and operational phases, a condition is necessary to specify the location of construction compounds and require details and implementation of both temporary and permanent drainage management schemes. It is also necessary to secure details of all drainage infrastructure and landscaping measures proposed within the higher risk flood zones for similar reasons. 49. In the interests of the character and appearance of the area, it is necessary to seek details of external materials of all buildings. For similar reasons, it is also necessary to require further details in relation to the boundary treatments and landscaping measures, including implementation of all such proposals. 50.

Page 8 · Chunk 29 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision In order to secure carbon efficiency measures to accord with the Local Plan, a condition is necessary seeking carbon reduction plans in association with each building/phase of development. 51. A number of conditions were discussed which would be necessary to protect the living conditions of nearby occupiers. A condition is necessary seeking details of opening hours and deliveries of all units. Similarly, details of any external plant and extraction systems are necessary. For each phase or building, a noise assessment will be necessary to ensure that any anticipated noise levels are acceptable in the context of the receiving position on site and proposed with any necessary noise mitigation measures. In order to be sure that the overall effects of noise are not harmful, the imposition of a noise limit condition is also necessary. 52. In the interests of highway safety and efficiency, it is necessary to condition the provision of the access and pedestrian crossing point prior to first occupation of any of the development. https://www.gov.uk/planning-inspectorate 8

Page 9 · Chunk 30 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Appeal Decision APP/P1133/W/20/3258883 53. In order to promote modal shift to sustainable travel modes which forms a key consideration in this case, a condition is necessary requiring implementation of approved travel plans based on the submitted Framework Travel Plan. To an extent such a condition is also linked with the need to condition the parking strategy for both vehicles and cycles, although vehicle parking is also required for reasons of highway safety and efficiency. 54. In order to minimise any related adverse effects of the proposal, details of refuse and waste management facilities are required by condition. Similarly, a condition precluding any external storage is also necessary. 55. Lastly, in the interests of certainty, for both visual, neighbourly, and biodiversity-related reasons, conditions are required removing permitted development rights for minor developments, but also for wind turbines that may be covered by a future iteration of the relevant legislation. Planning balance and conclusion 56.

Page 9 · Chunk 31 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision Insofar as the proposal has a limited degree of accessibility by sustainable transport modes owing to its location and relative to its large scale, the proposal conflicts with aspects of Policies S9, EC3 and S22. However, the proposal does not wholly conflict with all three Policies, but with discreet parts of each. Given the agreed position in relation to compliance with other relevant Policies of the Local Plan, the general acceptability of the type of development in its location and that it contributes to meeting a Local Plan target for the delivery of employment opportunities, the conclusion I reach is that the proposal does not conflict with the development plan when considered as a whole. Rather, the tensions with the policies focussed on the need to minimise travel by car pull to an extent in one direction, but the range of other suitable and beneficial qualities of the proposal pull more towards it achieving compliance with the Local Plan considered overall. 57. Given the proposal’s overall compliance with the development plan, the engagement of the internal tilted balance in Policy S1A is inconsequential.

Page 9 · Chunk 32 Appeal Decision

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Appeal Decision If reduced weight were attributed to Policies S9, EC3 and S22 insofar as they constrain the delivery of employment floorspace, the adverse effects could not be said to significantly or demonstrably outweigh the benefits that would derive from the proposal. Those benefits would principally result from the delivery of up to 14,000 sqm of employment floorspace set against a considerable shortfall of the same over the Local Plan period. The scheme would deliver a great number of additional long-term employment opportunities, although temporary construction phase economic benefits would also be likely. 58. For the reasons set out above, the appeal is allowed.

Page 9 · Chunk 33 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls INSPECTOR https://www.gov.uk/planning-inspectorate 9 Appeal Decision APP/P1133/W/20/3258883 APPEARANCES FOR THE APPELLANT: Mr Ian Roach MRTPI MIEMA CEnv Roach Planning and Environment Mr Charles Banner QC Keating Chambers Mr Alex Wozniczko CEng MICE MCIHT Awcock Ward Partnership Ms Carly Ireland MSc MCIEEM Devon Wildlife Consultants FOR THE LOCAL PLANNING AUTHORITY: Ms Anna Holloway BSc(Hons) MSc MRTPI Teignbridge District Council INTERESTED PARTIES: Mr Simon Kealy No 1 Summerhill Road, Liverton Councillor Melvyn Wills Chairman of Islington Parish Council Councillor Adrian Patch District Councillor for Haytor Ward https://www.gov.uk/planning-inspectorate 10

Page 10 · Chunk 34 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 APPEARANCES FOR THE APPELLANT: Mr Ian Roach MRTPI MIEMA CEnv Roach Planning and Environment Mr Charles Banner QC Keating Chambers Mr Alex Wozniczko CEng MICE MCIHT Awcock Ward Partnership Ms Carly Ireland MSc MCIEEM Devon Wildlife Consultants FOR THE LOCAL PLANNING AUTHORITY: Ms Anna Holloway BSc(Hons) MSc MRTPI Teignbridge District Council INTERESTED PARTIES: Mr Simon Kealy No 1 Summerhill Road, Liverton Councillor Melvyn Wills Chairman of Islington Parish Council Councillor Adrian Patch District Councillor for Haytor Ward https://www.gov.uk/planning-inspectorate 10

Page 11 · Chunk 35 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 SCHEDULE OF CONDITIONS 1) Details of the appearance, layout and scale (hereinafter called "the reserved matters") for each phase shall be submitted to and approved in writing by the local planning authority before any development is commenced on that phase, and the development shall be carried out as approved. 2) Application(s) for approval of reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission. 3) The development of each phase shall be begun before the expiry of two years from the date of final approval of the reserved matters applicable to that phase.

Page 11 · Chunk 36 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 SCHEDULE OF CONDITIONS 1) Details of the appearance, layout and scale (hereinafter called "the reserved matters") for each phase shall be submitted to and approved in writing by the local planning authority before any development is commenced on that phase, and the development shall be carried out as approved. 2) Application(s) for approval of reserved matters shall be made to the local planning authority before the expiration of three years from the date of this permission. 3) The development of each phase shall be begun before the expiry of two years from the date of final approval of the reserved matters applicable to that phase.

Page 11 · Chunk 37 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls 4) Other than to accord with conditions of this permission, the works hereby permitted shall be carried out in accordance with the application form and the following approved plans/documents: - Site Location Plan, Ref 587-000, dated 01/17 - Report to Inform Appropriate Assessment, ref 19/3547.01, dated October 2019 - Flood Risk Assessment, Ref 0653 Rev D, dated 22.10.19 - Transport Assessment, Ref 0653 Rev B, including Framework Travel Plan and Travel Plan Implementation Strategy, dated 09.01.19 - Preliminary Access Arrangements, ref 0653-PHL-101 Rev C, dated 17.10.2019 - Developable Areas Plan, ref 587-054 Rev B, dated 01.06.20 - Landscape Strategy Plan, ref 504/01 Rev F, dated 01.06.20 5) As part of the first application for the approval of Reserved Matters, a detailed Phasing Plan covering the whole site shall be submitted to and approved in writing by the local planning authority. Works shall be carried out in accordance with the approved Phasing Plan. 6) The details submitted within the Reserved Matters shall not exceed a maximum of 14,000sqm of floorspace to be created across the development and shall provide details of the mix, including maximum floorspace, for each of the approved uses.

Page 11 · Chunk 38 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls 7) The development hereby permitted shall be used for Classes E(g)(i), (ii) and (iii) (office, research and development, and light industrial), B2 (general industrial) and B8 (storage and distribution) only and for no other purposes (including any other purpose in Class E (Commercial, Business and Service) of Schedules 1 and 2 of the Town and Country Planning (Use Classes) Order 1987 (as amended) or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order with or without modification. 8) No development shall take place until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation (WSI) which has been submitted to and approved in writing by the local planning authority. The https://www.gov.uk/planning-inspectorate 11

Page 12 · Chunk 39 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 development shall be carried out at all times in accordance with the approved scheme. 9) The details submitted within the Reserved Matters application(s) shall accord with the following mitigation measures and safeguards: • Layouts designed to minimise light spill onto bat features and buffer zones, including all buildings backing onto site boundaries / buffer zones; • Elevations to show heights and fenestration, taking account of potential impacts on bats and dark corridors, including no fenestration installed on the backs of buildings that face hedges / buffer zones; • Locations and boundaries of car parking, turning heads etc.; • Where adjacent to hedges / buffer zones: walls, fences, bunds or hedgebanks will be created to prevent headlamps of cars and lorries from shining on hedges / buffer zones; • A dark buffer zone in the southern section of the north-eastern boundary, extending at least 10m from the edge of the brook-side tree canopy Root Protection Zone, with a new Devon hedgebank marking its western boundary; and • Buildings to back on to the Liverton Brook and its buffer zone, with a maintenance strip between the buildings and the new hedge bank.

Page 12 · Chunk 40 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls 10) Prior to commencement of the development hereby permitted, other than planting and protective fencing, a Landscape and Ecology Management Plan (LEMP) shall be submitted to and approved in writing by the local planning authority. The LEMP shall cover the timings/phasing of all measures proposed and shall cover the retention, creation and ongoing management of habitats, including: • Retention of all trees/shrubs along Liverton brook, north and south hedges and internal hedge; Establishment of fenced Protection Zones for retained vegetation, buffer zones and planting zones, including floodplain area grassland habitat, in accordance with the current British Standard and retention of fencing until construction is complete; • Completion of all LEMP planting and the erection of protective fences within each phase before commencing other works within that phase, to give new vegetation time to establish; • All species planted/sown to be native and locally appropriate, and specified in LEMP for agreement by the LPA; • Establishment of buffer zone in the southern section of the north- eastern boundary.

Page 12 · Chunk 41 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls This should extend at least 10m from the edge of the brook-side tree canopy Root Protection Zone; • Creation of a new, native-species Devon hedgebank marking the western boundary of this north-eastern corner buffer zone. • The north-eastern corner buffer zone to be managed as rough grass or tall herb to generate Greater Horseshoe bat prey; • Creation of damp grassland habitat and drainage basin within floodplain area; • Tree/shrub planting within and around floodplain wetland; https://www.gov.uk/planning-inspectorate 12

Page 12 · Chunk 42 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls This should extend at least 10m from the edge of the brook-side tree canopy Root Protection Zone; • Creation of a new, native-species Devon hedgebank marking the western boundary of this north-eastern corner buffer zone. • The north-eastern corner buffer zone to be managed as rough grass or tall herb to generate Greater Horseshoe bat prey; • Creation of damp grassland habitat and drainage basin within floodplain area; • Tree/shrub planting within and around floodplain wetland; https://www.gov.uk/planning-inspectorate 12

Page 13 · Chunk 43 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 • Creation of dark buffers on development side of north-west, north- east and south-east boundaries including taller, wider roadside hedge, 3m maintenance strip, planting tree and shrub buffer adjacent to both the north-west, north-east and south-east boundaries, plants arranged in naturalistic, randomised layout; • Creation of Devon bank with hedge along reveals to site entrance road; • Closure of existing field access by planting of hedging plants; • Creation of Devon bank with hedge along southwest boundary; • Removal of tree tubes after establishment and within 5 years of planting, to encourage bases of hedges to bush out; and • Ongoing management of above for benefit of greater horseshoe bats and other wildlife. Following approval, the development shall proceed in strict accordance with the approved LEMP. 11) Prior to commencement of each phase other than planting and protective fencing, a Lighting Scheme for that phase shall be submitted to and approved in writing by the local planning authority.

Page 13 · Chunk 44 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls The Lighting Scheme shall accord with the Appropriate Assessment and detail the measures that will be used to avoid lighting impacts on greater horseshoe bats, their flyway features and flyway corridors. The submitted scheme shall also take into account any street lighting that will be necessary on the main road. Any light that does fall on bat flyway features, corridors and on/in buffer zones must meet the following: • Be no more than 0.5lux on flyway features, within flyway corridors, at the inner face (development-side) of new planting, within the floodplain wet meadow area and within the (widened) wood/ stream buffer zone; • Brightness below 0.5lux from ground level to at least 2+m high; • Colour temperature below 3,000 degrees Kelvin; • Light wavelength above 550 nanometers; and • No ultra-violet light. The Lighting Scheme shall include detail of lighting units, including light output details; location, height, angling and cowling of lamp mounting units; hours when the lights will/will not be in use; and isolux mapping of light levels at the face of and within 5m (horizontal) of bat features/dark corridors, at heights of 0m, 0.5m, 1m, 1.5m and 2m.

Page 13 · Chunk 45 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Following approval, the development shall proceed in strict accordance with the Lighting Scheme. 12) During the construction phase of the development, no lighting shall be left on overnight. Any night lighting required for security purposes will be positioned and directed away from hedgerows and trees, at low height, and motion activated on short timers (one minute maximum). Construction compounds will be situated away from retained hedgerows and trees to reduce potential lighting impacts. 13) Prior to commencement of the development hereby permitted, other than planting and protective fencing, a Biodiversity Management Plan (BMP) shall be submitted to and approved in writing by the local planning https://www.gov.uk/planning-inspectorate 13

Page 14 · Chunk 46 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 authority. The BMP shall cover the implementation timing/phasing of all measures proposed and shall include measures for the protection of species, including: (a) Measures to protect hazel dormouse when creating any new access and visibility splay in the roadside hedge; (b) Any removal of scrub/hedges/trees will be undertaken outside the bird breeding season; (c) Measures to avoid harm to reptiles, via translocation or 2-stage vegetation removal, plus provision of reptile refugia in buffer zones; (d) Cover trenches and holes at night, or add escape ramps for badgers; (e) Hedgehog holes to be incorporated into all fences and external boundary walls; and (f) Bat and bird boxes to be installed on new buildings at a rate of one of each per unit; locations and types to be specified. Following approval, the site clearance, access creation and development works shall proceed in strict accordance with the approved BMP. 14) No development shall take place until a detailed Construction Environment Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority.

Page 14 · Chunk 47 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls This Plan shall include details of all permits, contingency plans and mitigation measures that shall be put in place to control the risk of pollution to air, soil and controlled waters, protect biodiversity and avoid, minimise and manage the productions of wastes with particular attention being paid to the constraints and risks of the site. Thereafter the development shall be carried out in accordance with the approved CEMP. 15) Prior to the commencement of the development hereby permitted, a Waste Audit Statement (WAS) shall be submitted to and approved in writing by the local planning authority. The submitted WAS shall detail how waste arising from the construction of the development will be managed in line with the waste hierarchy; including prevention and maximising reuse and recovery of waste during construction works. The development shall thereafter be carried out in accordance with the approved WAS. 16) Prior to the commencement of the development hereby permitted, a Construction Management Plan (CMP) shall be submitted to and approved in writing by the local planning authority.

Page 14 · Chunk 48 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls The Construction Management Plan shall specify details of: (a) the timetable of the works; (b) daily hours of construction works (to commence at least 30 minutes after sunrise and cease at least 30 minutes before sunset each day during the bats’ active season (from April to October inclusive)); (c) any road closure; (d) hours during which delivery and construction traffic will travel to and from the site, with such vehicular movements being restricted to between 8am and 6pm Mondays to Fridays, 9am to 1pm Saturdays, and no such vehicular movements taking place on Sundays and Bank/Public Holidays; https://www.gov.uk/planning-inspectorate 14

Page 14 · Chunk 49 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls The Construction Management Plan shall specify details of: (a) the timetable of the works; (b) daily hours of construction works (to commence at least 30 minutes after sunrise and cease at least 30 minutes before sunset each day during the bats’ active season (from April to October inclusive)); (c) any road closure; (d) hours during which delivery and construction traffic will travel to and from the site, with such vehicular movements being restricted to between 8am and 6pm Mondays to Fridays, 9am to 1pm Saturdays, and no such vehicular movements taking place on Sundays and Bank/Public Holidays; https://www.gov.uk/planning-inspectorate 14

Page 15 · Chunk 50 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 (e) the anticipated number and sizes of vehicles visiting the site in connection with the development and the anticipated frequency of their visits; (f) the compound/location where all building materials, finished or unfinished products, parts, crates, packing materials and waste will be stored during the demolition and construction phases; (g) areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes; (h) hours during which no construction traffic will be present at the site; (i) the means of enclosure of the site during construction works; (j) details of proposals to promote car sharing amongst construction staff in order to limit construction staff vehicles parking off-site; (k) details of wheel washing facilities and obligations; (l) the proposed route of all construction traffic exceeding 7.5 tonnes; (m) details of the amount and location of construction worker parking; and (n) photographic evidence of the condition of

Page 15 · Chunk 51 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls adjacent public highway prior to commencement of any work.

Page 15 · Chunk 52 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls adjacent public highway prior to commencement of any work. The development shall not be carried out unless in strict accordance with the approved details. 17) The development hereby permitted must not be commenced until such time as a plan showing that the construction compound and any temporary storage of materials (including topsoil/earth) will be outside of flood zones 2 and 3 has been submitted to and approved in writing by the local planning authority. 18) No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the local planning authority, in consultation with the lead local flood authority. The application for detailed drainage should be submitted and agreed at the same time as the reserved matters for layout. The design of the permanent surface water drainage management system will be in accordance with the principles of sustainable drainage systems, and those set out in the Flood Risk Assessment (Report Ref. 0653, Rev. D, dated 22 October 2019).

Page 15 · Chunk 53 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls No part of the development shall be occupied until the surface water management scheme serving that part of the development has been provided in accordance with the approved details and the drainage infrastructure shall thereafter be maintained. 19) No part of the development hereby permitted shall be commenced until the detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction has been submitted to, and approved in writing by, the local planning authority, in consultation with the lead local flood authority. This temporary surface water drainage management system must satisfactorily address both the rates and volumes, and quality, of the surface water runoff from the construction site. https://www.gov.uk/planning-inspectorate 15

Page 16 · Chunk 54 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 20) No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to, and approved in writing by, the local planning authority, in consultation with lead local flood authority. 21) Samples and / or details of the external materials to be used in the development hereby permitted shall be submitted to and approved in writing by the local planning authority prior to their first use. The work shall proceed in accordance with the approved materials. 22) Prior to construction of each phase of the development hereby permitted, full details of hard and soft landscape works for that phase, including an implementation and management plan, shall be submitted to and approved in writing by the local planning authority.

Page 16 · Chunk 55 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Details of soft landscape works shall include details of new planting; the retention of any existing trees and hedges; finished levels/contours; planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants, noting species, plant sizes and proposed numbers/densities where appropriate. The planting schedule shall accord with Highways England requirements. The hard landscape works shall include means of enclosure; boundary and surface treatments; vehicle and pedestrian/cyclist circulation; structures; proposed and existing service lines. All works shall be carried out in accordance with the approved details and the implementation plan and thereafter maintained in accordance with the approved management plan. 23) The development hereby permitted must not be commenced until such time as details of all landscaping, earthworks, SuDS or other structures within flood zones 2 or 3 are submitted to and approved in writing by the local planning authority. The agreed scheme shall be fully implemented prior to the business units coming into operation and shall subsequently be maintained in accordance with the approved details.

Page 16 · Chunk 56 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls 24) The details submitted within the Reserved Matters application(s) shall include details of means of enclosure and any boundary treatments including hedges, walls, fences and gates. The submitted details shall include the location, height, design and materials of the proposed boundary treatments as well as an implementation timetable. The development shall thereafter be carried out and thereafter retained and maintained in accordance with the approved details. 25) The details submitted within the Reserved Matters application(s) shall include a Carbon Reduction Plan(s) for approval in writing by the local planning authority. The submitted Carbon Reduction Plan(s) shall show in detail how carbon emission reduction measures will be achieved through consideration of materials, construction methods, design, energy, water, waste management, travel planning and carbon offsetting and shall include such measures as fabric improvements, renewable energy generation, low energy fixtures and fittings as well as the provision of electric charging points for cars and powered cycles or other transport https://www.gov.uk/planning-inspectorate 16

Page 17 · Chunk 57 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 measures. Development shall then proceed and be maintained in accordance with the approved Carbon Reduction Plan(s). 26) Full details of hours of operation and deliveries for the development hereby permitted shall be submitted with the Reserved Matters application(s). No machinery shall be operated, no process shall be carried out, and no deliveries shall be taken at or despatched from the site outside of the approved times. 27) The rated noise level (LAeq, 30Mins) emissions from the proposed development site are limited to 5 dB above the typical background noise levels (LA90) during the day and night-time periods when measured at the nearest noise sensitive dwelling. The assessment shall be carried out in accordance with British Standard 4142:2014 + A.1:2019 Methods for rating and assessing industrial and commercial sound. 28) A Noise Assessment, including details of any noise mitigation measures required, shall be submitted with the Reserved Matters application(s). The submitted information shall include full details, including the location and design, of any mitigation measures required as well as an implementation timetable.

Page 17 · Chunk 58 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls The development shall be carried out and shall thereafter be maintained in accordance with the approved details including any required noise mitigation measures. 29) Full details of any mechanical power generation to be used on site or proposed air conditions units/ air extraction or external plant and equipment shall be submitted to and approved in writing by the local planning authority prior to installation. 30) There shall be no overnight lorry parking except in accordance with details, including the location, extent and number of lorries, which shall have first been submitted to and approved in writing by the local planning authority. There shall be no overnight parking of in use refrigerated vehicles on the site. 31) Prior to the first use of any of the development hereby permitted, the access and crossing point shall have been provided in accordance with the approved drawings (Plan ref: 0653-PHL-101 Rev C, Preliminary Access Arrangements, received on 1 November 2019) or an alternative scheme which shall have first been submitted to and approved in writing by the local planning authority in consultation with the local highway authority.

Page 17 · Chunk 59 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Any alternative scheme shall make provision for a suitable pedestrian crossing point. 32) The development shall be carried out in accordance with the approved Framework Travel Plan and Travel Plan Implementation Strategy and a Full Travel Plan(s) shall be submitted to and approved in writing by the local planning authority prior to the first use or occupation of any unit / building within the development. The submitted Full Travel Plan(s) shall identify opportunities for the effective promotion and delivery of sustainable transport initiatives such as the provision of promotional travel vouchers and cycle vouchers. All businesses within the development shall, upon occupation and thereafter, have in place a Full Travel Plan and Travel Plan Coordinator with a defined role to lead on the delivery of the Travel Plan, the implementation of associated services and promotional strategy, and the monitoring and review regime. Contact details for the relevant Travel Plan Coordinator as well as an up to date https://www.gov.uk/planning-inspectorate 17

Page 18 · Chunk 60 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls Appeal Decision APP/P1133/W/20/3258883 Full Travel Plan shall be made available within a reasonable timeframe following a written request from the local planning authority or Devon County Council. 33) The details submitted within the Reserved Matters application(s) shall include a Parking Strategy detailing the allocated and any shared parking for each unit / building proposed, for the approval in writing by the local planning authority. The submitted details shall make provision for parking at a ratio of floorspace to parking spaces similar to that shown on the submitted Illustrative Site Layout (drawing number 587 051 Rev C) as well as provision for the charging of plug-in and other ultra-low emission vehicles in safe, accessible and convenient locations. The development shall thereafter be carried out in accordance with the approved Parking Strategy and the relevant parking for each unit / building as well as the provision of electric vehicle charging points shall be installed prior to initial occupation and shall thereafter be maintained and retained in accordance with the approved details.

Page 18 · Chunk 61 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls 34) The details submitted within the Reserved Matters application(s) shall include full cycle parking details for each unit / building proposed, for the approval in writing by the local planning authority. The submitted details shall provide for secure and undercover cycle parking. Cycle parking for each unit / building shall be installed prior to initial occupation and shall thereafter be maintained in accordance with the approved details. 35) The details submitted within the Reserved Matters application(s) shall include full details of refuse / bin storage facilities for each unit / building proposed, for the approval in writing by the local planning authority. The submitted information shall include details of the proposed waste compounds / storage areas, details of provision for each Unit, and proposals for the maintenance and management of the storage areas. The relevant refuse / bin storage facilities shall be provided in accordance with the approved details prior to the initial occupation of each unit / building. The refuse / bin storage facilities shall thereafter be retained, maintained and managed in accordance with the approved details.

Page 18 · Chunk 62 Hollie Nicholls

Land adjacent to Little Liverton Business Park, Liverton, Devon, TQ12 6AB — Teignbridge District Council — Hollie Nicholls 36) No open storage of materials, goods or other items shall take place on the site except within parts of the site which have first been approved in writing by the local planning authority. 37) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification) no change of use or development of the types described in Part 3, Class A of Part 2, and Classes F, G, H, I and J of Part 7 of Schedule 2 (which includes: changes of use; erection or alteration of gates, fences and walls; and non-domestic extensions and alterations, industrial processes and hard surfaces) shall be undertaken on the premises (other than those expressly authorised by this or the reserved matters permissions). 38) Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification) there shall be no installation of wind turbines within any part of the development hereby permitted. https://www.gov.uk/planning-inspectorate 18

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Parking
Against appellant
¶28

The inspector considered that the proposed development would have a constrained provision of infrastructure and means to minimise the need to travel by car, and that the existing transport infrastructure is not sufficient to support the scale of the development.

Other
Against appellant
¶29

The inspector found that the site is only reasonably accessible relative to the scale of the development proposed, and that a degree of choice to travel by bicycle, bus or walk exists, but it is sub-optimal in terms of the predicted range of employee numbers.

Other
Against appellant
¶30

The inspector concluded that the proposal would not comply with Local Plan Policies EC3 (f), S22 (h), and S9 due to its limited accessibility by sustainable transport modes.

Other
For appellant
¶32

The inspector found that the proposal would not be harmful to the setting of the village, and that the visual changes would be marked, but not detrimental to the appreciation of the surrounding landscape.

Other
For appellant
¶51

The inspector concluded that the proposed development would not have any significant adverse effects on noise levels, and that the necessary noise mitigation measures would be implemented.

Other
For appellant
¶39

The inspector found that the proposal would not have any significant effects on the South Hams Special Area of Conservation, and that the necessary mitigation measures would be implemented.

Policies relied on

Reference Weight
Policy S1A
Substantial
Policy S9
Substantial
Policy EC3
Substantial
Policy S22
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 18 pages, issued by the Planning Inspectorate on 13 July 2021 under the Open Government Licence.