Car park embankment works at Car Park, Adelaide Terrace, Ilfracombe

What was proposed

The council proposed regrading a steep embankment into a shallow slope, removing 18 closed parking bays and installing fences and barriers.

“This application seeks detailed Planning Permission for engineering works to regrade a steep embankment into a shallow pitched embankment.”

“The proposal seeks to remove 18no parking bays, which for 3 years have been closed off due to safety reasons, and regrade the embankment such that it would have a decreased height and weight of earth, with a decreased gradient.”

Officer report

The site and surroundings

The council-owned car park lies behind Adelaide Terrace, within the conservation area and near listed buildings, with steep levels and retaining walls.

“The area slopes steeply down towards the north. The western section of the car park has two tiers/levels divided by a stone retaining wall. The levels meet in the centre of the car park. A stone retaining wall has hedges and 4no small trees along it. The below tier has access to Springfield Terrace to the west. This section had 18no parking bays, however these are closed off with temporary fences and overgrown.”

“The area between the car park and Adelaide Terrace forms a steep embankment and held up by a stone retaining wall along to the rear alleyway/access of Adelaide Terrace. There are stairs down to this access from the central part of the car park.”

Officer report

Site history and safety

The parking spaces were leased from 1998, closed from October 2022 after structural concerns, and the lease ended in 2023.

“In 1998, a lease of 18 spaces in the car park was granted to the self-named Adelaide Terrace Association. This lease expired on 22 December 2018. On 22 February 2011, seven car parking spaces were surrendered by the then trustees of the Association, leaving 11 spaces to be retained on the lease.”

“In an email dated 4 th September, further information can be found with regards to the timelines of events on the site. Using the information received, the following summary can be formed: • 20-year lease put in place for ‘freeholders of nos 3, 4, 5, 6 & 7 Adelaide Terrace Association’ on 23 December 1998 for 18 parking spaces. Lease was to be reviewed every 5 years. • After approximately 10 years, 7 spaces were surrendered, leaving 11 remaining parking spaces.”

Officer report

Why officers recommended approval

Officers considered the works essential for public safety and protection of retaining walls and heritage assets, with acceptable effects subject to conditions.

“The scheme overall seeks to protect the retaining walls and address safety concerns that were raised in 2021. Any failure of the structure would be a danger to the public and harmful to the appearance of the area. It could result in loss of the retaining walls and even damage to the Listed Buildings of Adelaide Terrace, which this application seeks to avoid. The closure of the parking bays and overall overgrown appearance has been harmful to the setting.”

“As such, the development would enhance the character of the area in accordance with the above Duty. In terms of design, the proposal is, subject to condition, considered acceptable, in accordance with policies ST04, DM04, ST15, DM07 and ST09 of the Local Plan.”

Officer report

Residents’ concerns

Five public comments raised concerns about leased parking, maintenance, construction access, antisocial behaviour, rough sleeping, wildlife, planting and communication.

“5no members of the public commented. Concerns were raised about how the parking spaces were leased to Adelaide Terrace residents and was linked to a scheme to improve the front of the terrace by removing parking spaces. Other concerns raised included future maintenance of the site, access for the works, anti-social behaviour and rough sleeping, bird life and replacement planting as well as communication issues with the Council.”

Officer report

Who spoke at the meeting

The planning officer answered questions, and the Head of Place, Property and Regeneration warned that wall failure could affect highway access.

Committee discussion

Members were told about possible access risks, explored parking alternatives, and heard that former leaseholders could apply for parking permits.

“In response to questions from the Committee, the Planning Officer (KW) advised the following:”

“Due to an issue with the lower wall there was a potential risk on impact on the access to the car park. • In terms of the positioning of the car parking spaces, the applicant had explored the option for parallel parking, however this had not been possible as it was a two way entrance and exit to the car park. • The area that was currently fenced off would become the edge of the road. • Residents that previously leased spaces in the car park can apply for parking permits.”

Minutes

The vote

The committee unanimously approved the application as recommended by the planning officer.

“RESOLVED (unanimous) that the application be APPROVED as recommended by the Planning Officer (KW).”

Minutes

The decision

Planning permission was approved because the proposal accorded with the development plan and duties, subject to planning conditions.

“The application is considered to accord with the Development Plan and the Duty above. Approval of the application is therefore recommended subject to the imposition of planning conditions.”

“The provisions of the Human Rights Act and principles contained in the Convention on Human Rights have been taken into account in reaching the recommendation contained in this report. The articles/protocols identified below were considered of particular relevance:”

Officer report

Main conditions

The permission requires approved plans, construction controls, planting, bird boxes, biodiversity plans and long-term habitat management.

“All planting, seeding or turfing comprised in the approved plans shall be carried out in the first planting and seeding seasons following the substantial completion of the development, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written…”

“(a) a non-technical summary; (b) the roles and responsibilities of the people or organisation(s) delivering the [HMMP]; (c) the planned habitat creation and enhancement works to create or improve habitat to achieve the biodiversity net gain in accordance with the approved Biodiversity Gain Plan; (d) the management measures to maintain habitat in accordance with the approved Biodiversity Gain Plan for a period of 30 years from the completion of development; and (e) the…”

Officer report