Footway and cycleway link at Access Track South Of Lime Kiln Close, Paignton

“Description of Development The application seeks full planning permission for construction of a cycle and footway. The proposed route is intended to provide an alternative northern section to the approved Northern Access Route (NAR) that was approved in the outline permission for Inglewood.”

“The current application proposes to: - Provide an alternative route for the northern part of the NAR between the woodland (that lies between White Rock and Inglewood) and the public highway on Limekiln Close, - Construct a 3m wide, approximately 80m long stretch of surfaced pathway, - Create a shared foot and cycle surface connecting to the south end of Limekiln Close, - Install a removable vehicle barrier at the south end of Limekiln Close (details to be determined with…”

“Background The application site comprises a narrow, curving strip of land running from a point on the approved route of the (NAR) in the White Rock woodland walk, along a private section of Limekiln Close and on to the public highway in Limekiln Close and White Rock Way. The surfaces along the route are various and the ownership is split. There is a gate across the route at the southern end of Limekiln Close.”

“The NAR is part of the Inglewood housing development (P/2017/113 MOA as varied by P/2023/0377 and RM P/2022/1119) and will provide a pedestrian and cycle link between that development and the White Rock centre.”

“In the original Inglewood proposal, the route ran through a triangular piece of land now known as Land to the East of Limekiln Close. That piece of land is now the subject of a separate planning application (P/2022/1173) for up to 25 dwellings.”

“Reason for Exceeding 6-month Time Limit A S106 Legal Agreement requires signature by all owners of the relevant land. The alternative NAR route runs through land owned by the applicant, Deeley Freed, and Persimmon, the developer of Inglewood. It also runs along a short section of Limekiln Close that is under ownership of the White Rock Estate and is not due to be adopted as public highway. This section was also under ownership of the housebuilder for that part of White Rock.”

“Subject to the recommended Section 106 obligations and conditions, the proposal would not result in a significant impact on highway safety and amenity. Any potential negative impacts of the proposal would not be significant and would be outweighed by the social benefits of the proposal.”

“Officer Recommendation Approval subject to: The completion of a Section 106 Legal Agreement within 6 months of the Committee date to secure the heads of terms as outlined, in accordance with the adopted Planning Contributions and Affordable Housing Supplementary Planning Document, on terms acceptable to Officers. 2.”

“Devon and Cornwall Police: Comments that the proposed route would be more direct. Also comments on maintenance and lighting from security and personal safety perspectives.”

“Arboricultural Team: 12.04.23 and 14.08.23: no significant arboricultural concerns to the proposal owing to the historic land use and existing compaction of the area adjacent to the large tree group to the east of the proposed route. However, to prevent any potential impact within the RPA of the trees we would like to see the submission of a tree protection plan that will detail the level of protection that needs to be afforded to the trees during construction.”

“Neighbour letters were sent out on 20th March 2023. A site notice was displayed on 22nd March 2023. Following receipt of the revised site boundary plan re-consultation letters were sent and a site notice displayed for 21 days from 31.07.2023 and 02.08.2023 respectively.”

“One response was received. The comments can be summarised as: - Increase in traffic and noise along Limekiln Close where traffic and access are issues, - Route should link into existing path further west adjacent to White Rock Court, - Existing path links with the play area, - The proposal would destroy trees, - Better to combine with the route of the Woodland Walk, - Prefer original plan to use land to east of Limekiln Close - traffic free and safer.”

“Prior to the meeting, written representations were available on the Council’s website.”

“At the meeting, the Officer advised that since the Committee report had been published, an additional letter of representation had been received with no new material considerations, which was available on the Council’s website.”

“Amendment of the Committee resolution part 1. of Minute 26 of the Planning Committee dated 18 September 2023 to remove the 6-month time limit for completion of the Section106 in order to enable a decision to be issued for the submitted application;”