Quay wall and boundary works at Middle Dock, New Quay Street, Appledore

What was proposed

The application sought retrospective permission for a northern quay wall extension, confirmation of its height and new northern boundary treatment.

“This application seeks retrospective planning permission for an extension to the quay wall, clarification of the quay wall height and the proposed erection of a new boundary treatment to part of the northern boundary of the site.”

“The proposals include the extension of the quay wall, as previously approved, further to the north to extend up to the northern boundary of the site. In addition, clarification of the height of the quay wall at 7.4m above AOD, to include both the proposed and previously approved sections is sought. The height of the proposed quay wall would be reduced to the section immediately adjacent to the neighbouring property at The Launches.”

Officer report

The site

The site lies beside the River Torridge, with homes to the north and west, a slipway and industrial buildings to the south, and flood-zone constraints.

“Site Description The application site is located to the south-east of the village of Appledore and immediately to the west of the River Torridge. Hubbastone Road/New Quay Street extends along the western boundary of the site with residential properties further to the west. To the north are residential dwellings on New Quay Street and to the south a slipway and further industrial buildings.”

“The dwelling to the north, although not immediately adjacent to the application site, at Dock Cottage is Grade II Listed and the Appledore Conservation Area is located in close proximity to the northern part of the site.”

Officer report

Earlier permissions

Earlier permissions covered redevelopment of the site as a clean maritime innovation centre, including office, workshop and quay wall works.

“1/1179/2023/LA Erection of Clean Maritime Innovation Centre incorporating office space, workshop space and extension and repairs to quay wall PER 25.10.2024”

“1/0101/2025/LA Erection of Clean Maritime Innovation Centre incorporating office space, workshop space and extension and repairs to quay wall (Variation of Condition 20 of planning approval 1/1179/2023/LA) PER 14.03.2025”

Officer report

Consultation responses

Northam Town Council supported permission, while flood-risk, Environment Agency, Natural England and water consultees raised no objections subject to their stated advice.

“Northam Town Council: Northam Town Council recommended the proposal be granted permission.”

“Should the proposal be amended in a way which significantly affects its impact on the natural environment then, in accordance with Section 4 of the Natural Environment and Rural Communities Act 2006, Natural England should be consulted again. Before sending us the amended consultation, please assess whether the changes proposed will materially affect any of the advice we have previously offered. If they are unlikely to do so, please do not re-consult us.”

Officer report

Objections received

Two objections from one address concerned the wall’s height, land ownership, approved plans, privacy, overlooking and alleged planning control breach.

“Two objection letters have been received from the same address, one in relation to the first set of plans and the second in relation to the amended drawings.”

“Objections received can be summarised as follows: - Quay wall built to 7.4 metres above ordnance datum in excess of that previously approved; - Wall has been built on unregistered land and does not follow the approved plans; - Quay wall has been partially built too close to the property resulting in invasion of privacy and overlooking; - Clear departure from approved planning permission; - Material breach of planning control.”

Officer report

Who spoke

The agent spoke in support and a member of the public spoke against the application.

Committee discussion

Members discussed the virtual site visit, wall height, overlooking, a possible additional fence and annual maintenance of the neighbouring boundary area.

“After a query about a site visit, the Chair confirmed that members had been offered the option of an in-person visit but agreed that the virtual site visit was sufficiently clear and detailed.”

“Clarification was provided on the proposed height of the quay wall, and the Development Management Team Leader reiterated how the site, the wall, and the neighbouring property relate to one another.”

Minutes

The vote

A recorded vote approved the application by five votes to four, and the alternative proposal was not put to a vote.

“That the application be approved, subject to the conditions set out in the report and an amended condition 3 requiring annual (12-monthly) maintenance, to be finalised by officers in consultation with the Chair and Vice-Chair.”

“As the motion was carried, there was no vote on the second proposal.”

Minutes

Conditions added

The permission required approved plans, ecological mitigation, maintenance-only access between the boundaries and completion within six months.

“The area located between the newly positioned boundary wall and fence and the boundary with neighbouring The Launches, as identified on the approved plans, shall be used and accessed for essential maintenance purposes only and not in association with the wider use of the Middle Dock site.”

“The development hereby approved shall be completed in its entirety and in accordance with the approved plans within 6 months of the date of this planning permission.”

Officer report