Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Hearing held on 23 April 2025 Site visit made on 23 April 2025 by H Nicholls MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 15 May 2025 Appeal Ref: APP/U1105/W/24/3355976 Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon EX8 2EX • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Devoncourt Hotels Ltd against the decision of East Devon District Council. • The application Ref is 22/1910/MFUL. • The development proposed is demolition of the existing Devoncourt building and outbuildings, construction of 51 open market and 15 affordable residential apartments and new 65 bed hotel with access via Maer Road car park, associated car parking and landscaping works. Decision 1. The appeal is dismissed. Preliminary Matters 2. The Council’s first reason for refusal (RfR1) refers to noise and light spill effects on neighbouring occupiers. Following information submitted with the appeal, the Statement of Common Ground (SoCG) confirms that subject to conditions, the development would be acceptable in respect of noise, light and glare impacts.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision These aspects of RfR1 were therefore not defended by the Council. 3. A completed S106 agreement was received on the 9 April 2025 which I address below. Main Issues 4. The main issues in the appeal are the effects of the proposal on: • the living conditions of neighbouring occupiers of Blair Athol and No 14A Douglas Avenue, with particular regard to privacy and outlook; and • the character and appearance of the area. Reasons Context 5. The appeal site comprises the Devoncourt Hotel which is a largely red brick building of substantial scale that presents a frontage to Douglas Avenue behind a modest car parking area. The hotel is to be demolished, along with a nearby separate Coach House building, and replaced with the North Block building, containing 51 apartments. https://www.gov.uk/planning-inspectorate

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3355976 6. The currently undeveloped garden would also receive additional development in the form of a separate South Block apartment building, containing 15 No affordable dwellings, and a replacement hotel building containing 65 bedrooms, gym and restaurant. The North and South Blocks would be served by an altered access from Douglas Avenue, with internal access roads and parking between the two buildings and beneath the North Block. The replacement hotel would have disabled parking bays and a servicing area from a new vehicular access from Maer Road Car Park to the south of the site. The Maer Road Car Park or other local parking facilities would need to be utilised by hotel guests. Living conditions 7. The Council’s RfR focuses on the effects of the proposal on the living conditions of occupiers of Blair Athol and No 14A Douglas Avenue. Residents of Maer Road dwellings (odd Nos 1 – 11) have objected and were also represented at the hearing. Whilst there would be a change to the outlooks from their respective dwellings and gardens, it would not be of development in such close proximity or of such a scale or design that would be materially harmful.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Similarly, any windows, balconies, or openings in any of the buildings of the proposal would not be so close or directly orientated that there would be harmful overlooking effects. Therefore, my view is that residents of Maer Road would not be materially harmed by the proposal such that further assessment is necessary here. 8. In terms of the effects on the living conditions of residents of Blair Athol, in particular Nos 1, 3, 5 and 7, the effects of the proposal would arise from the relationship to the eastern wing of the Northern Block. In terms of context, the existing Hotel building has a small number of windows that look towards the boundary with Blair Athol, and reciprocally, there are windows within the study/Bedroom 3 room within the apartments at Blair Athol which look towards the Hotel. There is a reasonable gap between the two respective buildings and a line of evergreen trees on the boundary which offer some filtering of the views.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision The balconies and terraces in Blair Athol also allow views towards the side of the Hotel, whereas the rear balconies of the Hotel are positioned beyond Blair Athol such that views are directed towards the sea, with only incidental views of the middle and lower sections of Blair Athol’s communal gardens. 9. The proposal would move the built mass of the Northern Block slightly further away from Blair Athol than the current Hotel to allow for a two-way access road. There would be more windows across all floors on the side elevation, but with the exception of the study rooms, these would all be oriel windows that are obscure glazed on the face towards Blair Athol and transparent on the sections that would allow an angled view either towards Douglas Avenue or south towards the sea. Any balconies on the rear elevation of the Northern Block would have side privacy screens such as to direct the views of users towards the sea. There would be no access to the third floor roof that would allow its use as a terrace to affect the privacy of occupants of Blair Athol.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision All of the other built elements of the proposal, including the South Block and Hotel, would be at such a distance from Blair Athol so even if a modest degree of change would occur to private views, it would not be overbearing. 10. Overall, subject to the imposition of conditions, I do not find that the living conditions of occupiers of Blair Athol would be materially harmed by the proposal. https://www.gov.uk/planning-inspectorate 2

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision All of the other built elements of the proposal, including the South Block and Hotel, would be at such a distance from Blair Athol so even if a modest degree of change would occur to private views, it would not be overbearing. 10. Overall, subject to the imposition of conditions, I do not find that the living conditions of occupiers of Blair Athol would be materially harmed by the proposal. https://www.gov.uk/planning-inspectorate 2

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3355976 11. On the western side of the site, No 14A Douglas Avenue has been designed and built into a particularly modest space in between the Hotel and No 14 with only a nominal distance between it and the shared boundary. The dwelling presents a narrow frontage to Douglas Avenue and has its principal living areas on the rear at first and second floor levels, one inset behind a recessed balcony. There are two Holm Oak trees on the boundary of No 14A and the Hotel which enclose the garden in a positive way. The design of No 14A’s eastern flank elevation and the trees combine to give the occupants of No 14A a degree of relief from the built mass and potential for overlooking from the openings and balconies of the Hotel. 12. Under the proposals, the built mass of the Northern Block would extend beyond the existing rear wall of the existing Hotel by around 12 metres in total. The closest part of the deeper building would be around 5 metres from the boundary with No 14A and a stepped section would take the remaining 4 metres of projecting building a further 6 metres away from the boundary.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision The overall height of the building would be relatively similar overall, but the proximity and extent of built mass so close to No 14A would result in a harmful sense of enclosure for its occupants, or as the Council described it, a feeling of being hemmed in. 13. The appeal proposal currently involves the removal of the two Holm Oak trees on the boundary. Whilst it was suggested at the hearing that there is potential for one of these trees to be retained, rather than removed, that is not detailed in evidence before me and as such, I can only place reliance on the Demolition Plan (Ref 7057-101 Rev E) which indicates otherwise. Whilst the trees provide a sense of enclosure to the house and garden, their contribution is positive and welcomed. Whilst from an arboricultural perspective it may be acceptable, the removal of the trees would exacerbate the exposure to the larger building in close proximity to the boundary and thus, would exacerbate the harmful sense of enclosure for occupiers of No 14A. 14. There would be oriel windows on ground, first and second floor levels of the North Block’s western elevation which would be broadly level with the rear wall of No 14A which would endeavour to orientate views towards the sea.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision There would be rear balconies with side privacy screening around 6 metres away from No 14A and a further set around 12 metres away. There would also be a third floor level roof terrace inset from the outer edge of the roof. Due to the proximity of these features to the boundary with No 14A, even though the design techniques employed would largely avoid direct overlooking, the sense of being overlooked from within the house and garden of No 14A would be markedly increased, particularly so from the use of balconies and the terrace which would be much larger and more practically useable for sitting out than those present on the existing Hotel. 15. For the above reasons taken collectively, I consider that the appeal proposal would be materially harmful to the living conditions of occupiers of No 14A Douglas Avenue, with particular regard to loss of outlook and privacy. These aspects bring the scheme into conflict with Policy D1 of the East Devon Local Plan (adopted 2016) (Local Plan). This Policy seeks to ensure that new development does not adversely affect the amenity of occupiers of adjoining residential properties. Character and appearance 16.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision The appeal site is situated in an area to which The Design Statement for The Avenues relates (the Design Guide) (2017). Policy EB2 of the Exmouth https://www.gov.uk/planning-inspectorate 3

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision The appeal site is situated in an area to which The Design Statement for The Avenues relates (the Design Guide) (2017). Policy EB2 of the Exmouth https://www.gov.uk/planning-inspectorate 3

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3355976 Neighbourhood Plan (Neighbourhood Plan) (adopted 2019) requires that new development should be mindful of surrounding building styles and ensure a high level of design as exemplified in the Design Guide. Two of the recommendations in the Design Guide with which the development is alleged to be in direct conflict are Recommendation 4, which seeks to avoid backland development along the southern side of Douglas Avenue where the existing linear form of development is bounded by the open countryside of the Maer Valley, and Recommendation 6 which requires that the scale of future developments should seek to retain the balance between buildings and greenery, with efforts made to limit developments to no more than 25% plot coverage to retain the spaciousness of the site. 17. The Design Guide details that much of the area around The Avenues is characterised by large villas, many Victorian/Edwardian in origin, set within spacious, walled plots and wide, tree-lined streets. Even the post-1950 area of The Avenues is characterised by detached dwellings, albeit of a more modest scale, but which are built at low densities such as to maintain the area’s sense of spaciousness.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision It is also acknowledged in the Design Guide that many of the traditional villas have been replaced with blocks of flats and apartments, noting Blair Athol and others near the Devoncourt as examples of such redevelopments. The earlier 2005 Design Guide relating to the same area also notes that on Douglas Avenue there are several large blocks of flats on four floors and the Devoncourt Hotel. There is therefore recognition that the Devoncourt and some nearby sites have buildings on them which are already uncharacteristic of the wider Avenues area. 18. The existing hotel presents a dominant, unrelenting and tired frontage onto Douglas Avenue with a haphazard arrangement of cars in its frontage space and lining the street outside. There is very little in the way of a sense of spaciousness from Douglas Avenue with the building fully crowding the available plot width. Notwithstanding the separate issues of its effects on neighbouring occupiers outlined above, the Hotel’s replacement with the Northern Block and associated landscaping would be a positive intervention in the Douglas Avenue streetscene and wider built environment, helping to raise the quality of design overall. 19.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Whereas the current, sloping gardens of the site are largely undeveloped save for the modest car park, tennis courts and swimming pool on the eastern side, the proposal would introduce additional built mass and associated internal roads largely within the central and lower central portions of the site. The totality of the development would exceed the 25% extent outlined in Recommendation 6 of the Design Guide with the figure of around 42% offered. The buildings and roads would also be orientated on angles, unlike others in the surroundings. 20. Rather than a largely green setting gently climbing towards the rear of the expansive hotel building, there would be buildings appearing in layers, at the lower end, the mid-section and connected by new roads to the new North Block. This would be a notable change and would reduce the sense of spaciousness to the rear that the existing Hotel shares with its immediate neighbours at Blair Athol, Monterey, Ardenny Court and St Cyr. These changes would be visible from The Maer, from Maer Road and in the small number of glimpsed views available from Foxholes Hill.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision My view is that the changes would not be visually dominating, given the context of the site and its established verdant qualities, but would nonetheless result in adverse effects to the character and appearance of the area. https://www.gov.uk/planning-inspectorate 4

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision My view is that the changes would not be visually dominating, given the context of the site and its established verdant qualities, but would nonetheless result in adverse effects to the character and appearance of the area. https://www.gov.uk/planning-inspectorate 4

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3355976 21. Whereas it is suggested that the development would be a form of backland development discouraged by the Design Guide, I do not entirely agree as the development would extend down to the south in a similar way to the Maer Road dwellings and could connect through to the Car Park with frontages in both directions. The relationship of the southern part of the site to the adjacent sportsground and new pavilion building also support the site’s ability to have a frontage onto the Maer Road Car Park such as to avoid being a form of backland development. Even where some backland development has occurred further along Douglas Avenue in the form of Orcombe Gardens, that has become a high quality development which cannot be said to have harmed the character or appearance of the area in any event. 22. The Council also raises the design of the replacement Hotel, noting that Recommendation 8 of the Design Guide stipulates that modern designs which are out of keeping with their environment should be demonstrated as being truly outstanding examples of modern architecture.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision The Hotel would be a rectangular, four storey building with a green roof set behind low parapet walls, set down into the site so as to minimise its height. The ground floor would be largely glazed and vertical emphasis would be created in its appearance through the upper floors through a narrow, repetitive window arrangement. Some sections on the building would project, or recess to provide depth and interest, including some box framed window features. The predominant external material would be a mixed tone and texture wooden cladding, with some stone, brick and rendered sections. 23. Whilst I do not consider that the design of the replacement Hotel would be a truly outstanding example of modern architecture, I noted a number of modern buildings in the surrounding area, including the Lifeboat Station and others around the seafront, from which the proposal would draw adequate reference in terms of appearance and materiality. The scale, form and siting of the building would be logical and useable for a hotel operator and its appearance would be individual but not alien. 24.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision From the above, it is evident that different aspects of the proposal pull in different directions, but my overall finding is that there would be harm from the loss of openness of the character and appearance of the area and that this would be of a low to moderate adverse localised nature overall. I reach this view despite the findings of the submitted Landscape and Visual Impact Assessment1 and numerous examples of other buildings and site layouts in the surrounding area. For these reasons, the proposal would not comply with, in particular, Policies EB2 of the Neighbourhood Plan which links with the Design Guide. It would also raise a degree of conflict with Policy D1 of the Local Plan which also seeks to ensure that development respects the key characteristics and special qualities of the area in which it is proposed. Other Matters 25. The emerging East Devon Local Plan 2020 – 2042 (eEDLP) reached Regulation 19 stage following submission of the appeal. The main parties submitted comments in writing as to the relevance of the emerging policies and the varying degrees of weight that they attract given the nature and level of any objections raised in connection with the same.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision 1 Redbay Design Landscape Consultants, 2022 https://www.gov.uk/planning-inspectorate 5

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision 1 Redbay Design Landscape Consultants, 2022 https://www.gov.uk/planning-inspectorate 5

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3355976 26. The main parties agreed in the SoCG that the Council is only capable of demonstrating a 2.97 year supply of housing against the minimum five year supply with appropriate 5% buffer as required by the National Planning Policy Framework (Framework) (2024). The parties also agreed the base date of January 2025 and the related numerical shortfall of around 2,531 housing units. 27. The site is situated within close proximity of the Exe Estuary which is designated as a Special Protection Area (SPA) and Ramsar site under the Conservation of Habitats and Species Regulations 2017, as amended (the Habitats Regulations). The addition of new residents to the area would increase recreational disturbance and thus affect the integrity of the SPA. The means of mitigating such effects are outlined in the South-east Devon European Site Mitigation Strategy (2014) for which proportionate financial contributions are offered in the executed S106 agreement. Though I note the agreement between the main parties on this aspect such that it would not itself form a reason for refusal, I have not undertaken a further appropriate assessment of the offered means of mitigation under the Habitats Regulations.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision 28. The S106 agreement also seeks to secure 25% affordable housing (including through on site provision and top up contribution for offsite use), on site public open space and management company responsibilities in relation to the latter. As the appeal is being dismissed, it has not been necessary to further examine the planning obligations. Planning Balance 29. In relation to its harm to the character and appearance of the area but moreover, its effects on the living conditions of No 14A Douglas Avenue, the proposal conflicts with Policies D1 of the Local Plan and Policy EB2 of the Neighbourhood Plan. 30. The parties agree that the Council’s inability to demonstrate a 5 year supply of housing land engages paragraph 11 d) of the Framework, otherwise known as the ‘tilted balance’. Paragraph 11 d) sets out that where the policies which are most important for determining the application are out-of-date, permission should be granted unless either, (i) the application of policies in the Framework that protect areas or assets of particular importance provide a strong reason for refusing the development proposed; or, (ii) any adverse impacts of doing so would significantly and demonstrably outweigh the benefits.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision The assessment under 11 d) ii) should also be made having regard to policies in the Framework taken as a whole, along with key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes. 31. Though both the Neighbourhood Plan and Local Plan are out of date through age and by implication of the housing land supply shortfall, some policies remain capable of attracting weight. I attach reduced weight to the conflict with Neighbourhood Plan Policy EB2 which has to be read in the context of the prescriptive Design Guide as a material consideration, but attach full weight to the conflicts with Policy D1 of the Local Plan, given its consistency with the Framework. 32. The benefits of the development include the delivery of 51 open market dwellings and 15 affordable dwellings which would contribute positively to the significant https://www.gov.uk/planning-inspectorate 6

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Appeal Decision APP/U1105/W/24/3355976 shortfall of over 2,500 houses. This is a significant benefit of the scheme in light of the shortfall position and agreement in the SoCG that there is a great affordable housing need in Exmouth. 33. The reuse of a sustainably located, previously developed site in an efficient manner would also be a benefit of the scheme, as too would be the modest additional economic benefits from a net increase of 11 hotel bedspaces within the town. I attach modest weight to these benefits. 34. There would be a degree of improvement to highway safety, enhanced provision of public open space and further ecological and Biodiversity Net Gain enhancements. These benefits also collectively attract modest weight. Further economic benefits would also result from the construction phase and thereafter, from the occupation of the site by additional residents. These economic benefits also attract further limited weight in favour of the scheme. 35. However, even taken collectively, the benefits of the scheme do not outweigh the significant or demonstrable harms that would result from the scheme.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — Appeal Decision Thus, the application of the tilted balance does not lead me to a conclusion that the scheme should be allowed by reason of its conflict with the development plan, when taken as a whole. There are no considerations, including the emerging policies of the eEDLP or suggested conditions that do so either. Conclusion 36. For the foregoing reasons, the appeal is dismissed.

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — H Nicholls INSPECTOR https://www.gov.uk/planning-inspectorate 7

Devoncourt Hotel, 16 Douglas Avenue, Exmouth, Devon, EX8 2EX — East Devon District Council — H Nicholls INSPECTOR https://www.gov.uk/planning-inspectorate 7 Appeal Decision APP/U1105/W/24/3355976 APPEARANCES FOR THE APPELLANT: Richard Kimblin KC Counsel for the appellant Malcolm Gigg ARA Architecture James McMurdo McMurdo Land Planning and Development Limited FOR THE LOCAL PLANNING AUTHORITY: Jamie Quinton East Devon District Council Gareth Stephenson East Devon District Council Kenji Shermer East Devon District Council INTERESTED PARTIES: Nick Hookway Councillor for Exmouth Littleham Julian Short Local resident Richard Stradling Local resident Karen Crawford Local resident Geoffrey Crawford Local resident Graham Deasy Exmouth Town Council Jean Flockhart Local resident Michael Humphrey Local resident John Benson Local resident DOCUMENTS Document 1 Plan Refs 7057 SS01, SS02 A, SS03 A, SS04 A DOCUMENTS RECEIVED AFTER HEARING Document 2 Email with amended suggested condition No 17 and additional landscaping condition https://www.gov.uk/planning-inspectorate 8