Decision Maker: Planning Committee
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 6 on the Plans List (19/00272/FULL – Erection of a single storey extension – 1 Burrington Drive, Shobrooke, Crediton) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
Note: The following late information was reported on the update sheet: 14th March 2019 - Shobrooke Parish Council have no comment on this application.
(ii) No 7 on the Plans List (19/00225/FULL – installation of air conditioning units to western elevations and revised path access – Exe Valley Leisure Centre, Bolham Road, Tiverton) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
Note: Cllr R L Stanley declared a personal interest as the applicationwould be funded from within his Cabinet Member portfolio and he stated that he would abstain from voting.
(b) No 1 on the Plans List (17/02061/MFUL – Remodelling and modernisation of existing garden centre following demolition of existing structures, to include erection of retails areas, café and warehouse, formation of new vehicular access, provision of parking areas and landscaping – Crediton Garden Centre, Barnstaple Cross, Crediton).
The Group Manager for Development provided an update to the report stating that further representations in objection to the application had been received along with 44 letters of support and 2 petitions in support of the application. He was also in receipt of further correspondence from the objectors highway engineer which reiterated the argument with regard to road safety.
He provided answers to questions posed in public question time:
· With regard to a landscape assessment, this was not a requirement of the policy; officers would have assessed any landscape issues in relation to the impact of the existing buildings on site when considering the application.
· With regard to any retail restrictions, the PPG and the NPPF did not require an assessment of small shops, he had raised this issue with the Retail Consultant who had provided his opinion, that subject to the imposition of the retail sales conditions he had proposed the impact on surrounding businesses was acceptable.
· With regard to seasonal goods, this had also been raised with the Retail Consultant and this had been covered in Conditions 13, 14 and 15. Any seasonal goods not restricted would have to be within the 198 sq m of retail space.
· With regard to the café, Condition 16 restricts it to ancillary use and that this would address any impact on cafes within the town.
· With regard to highways issues, Mr Sorenson was present and would address the committee, however taking into consideration the highway assessment commissioned by the objectors, he was still of the opinion that the access was safe and that the traffic level was acceptable.
· With regard to sustainability, the site was a redevelopment of an existing business and therefore complied with Policy DM20. The development was considered to be sustainable. A retail impact assessment of 10 years was not required by the NPPF or NPPG (this would only be applicable for a major retail development), The NPPG focussed on assessment of the first 5 years and the applicants assessment had done this and was therefore robust. Regardless of this it was the first 2 years following development that had the most impact and an assessment of impact over 10 years would show less impact as it would be offset by population and expenditure growth.
· With regard to air quality issues, this issue had been covered at previous meetings, the air quality assessment was not required as this was an existing business.
· With regard to any change of use, this was not required as there was an existing business on the site which was looking to expand.
The Group Manager then outlined the contents of the report identifying by way of presentation the application site, the existing buildings and the revised proposal and a block plan which depicted the reduced scheme and highlighted the scheme amendments within the report. He provided a plan which identified the comparisons between the original and revised scheme and explained that Condition 15 specified which goods could be sold along with identification of specific parts of the scheme. Plans of the highways improvements were suppled together with proposed cross sections, elevations and photographs from various aspects of the site.
Mr Sorenson on behalf of Devon County Council, Highway Authority addressed the meeting stating that the access was acceptable in highway terms, with regard to traffic regeneration, the trip data was acceptable and that the trigger points for the design of the junctions were available in the guidance, the installation of the minor arm would aid traffic issues. With regard to road safety, the visibility splay at the Higher Road, Barnstaple Cross junction was adequate. The objectors highway engineer had raised issues with regard to the safety at the crossing point, however this would be to the east. The technical details would be submitted to and approved by the Highway Authority through a Section 278 agreement and a four-stage safety audit would take place. The access and vehicle passing point could be expanded but was of a sufficient width for two cars to enter and exit simultaneously.
Consideration was given to:
· The increased size of the café
· The timetable for archaeological work proposed
· Whether the site was sustainable
· The square meterage of the proposal compared with the original
· The views of the objector with regard to how Government and local policy should help town centres and whether customers would be drawn away from the town centre, there was no protection for small businesses and the application would harm the town, affect jobs and increase air quality issues.
· The views of the agent highlighting the applicant’s commitment to the planning process, the lack of objection from statutory consultees, the size of the retail section within the proposals, the pre commencement agreement, the timetable for the archaeology search and the proposed pedestrian improvements in the location.
· The views of Crediton Hamlets Parish Council with regard to the improvements, which would include a new pavement and bus stop, road improvements and create jobs in the area.
· The views of the Ward Members with regard to the reduction of size of the scheme to try to make it acceptable, the improvement to highway safety, the advice from the retail consultant, that the applicant had addressed the concerns raised by the previous applications and that the scale of development was now acceptable.
· The location of the crossing point
· The impact of the proposal of the town centre
· The destination site would be good for the town.
It was therefore:
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs C A Collis)
(Vote 6 for: 5 against – Chairman’s casting vote)
Notes:
i) Cllrs: Mrs H Bainbridge, Mrs C A Collis, Mrs F J Colthorpe, R J Dolley, P J Heal, F W Letch, B A Moore, R F Radford, J D Squires and R L Stanley made declarations in accordance with the Protocol of Good Practice for Councillors dealing in Planning Matters as they had all received correspondence regarding this application;
ii) Cllrs P J Heal, and D R Coren made additional declarations in accordance with the Protocol of Good Practice for Councillors dealing in Planning Matters as they had had face to face contact with objectors and/or the applicants;
iii) Cllr F W Letch declared a personal interest as he knew the objectors;
iv) Cllr Mrs G Doe declared a personal interest and that she had pre-determined the application and therefore chose to leave during the discussion and the vote thereon;
v) Cllr R J Dolley declared a personal interest as he had spoken to people with regard to the application
vi) Mr Bond spoke on behalf of the objectors
vii) Mr Kemp spoke as agent to the applicant;
viii) Cllr Mortimer spoke on behalf of Crediton Hamlets Parish Council
ix) Cllrs D R Coren and P J Heal spoke as Ward Members;
x) Cllrs R J Dolley, F W Letch, B A Moore, J D Squire and R L Stanley requested that their votes against the decision be recorded;
xi) The following late information was reported: the receipt of an additional petition of 69 signatures in support of the application.
(c) No 2 on the Plans List (18/01800/MFUL – Construction of an on-farm anaerobic digestion plant and associated infrastructure land at NGR 285024 100245 ( East of Lords Meadow Industrial Estate, Crediton).
This application had been deferred as stated earlier in the meeting.
(d) No 3 on the Plans List (18/02024/FULL – 18/02024/FULL – variation of conditions 2, 5, 7, 8, 9, 10 and 15 of planning permission 17/00711/FULL – land and buildings at NGR 301270 1112834 (Orchard House) High Street, Halberton)
The Area Team Leader outlined the contents of the report explaining that at the previous meeting Members had considered the application and resolved that it be deferred to allow further discussion to take place with the applicant with regard to the management plan for the car park, the surface of the car park and the materials for the wall, to ideally be stone-faced rather than rendered block. She informed the meeting that discussions had taken place and that the amendments had been made to the proposals to include a stone faced block wall and a low brick wall with railings, the car park would be surfaced with tarmac and the management plan had been clarified.
She identified by way of presentation the location of the site and photographs highlighting that low brick walls with railings featured in other locations in the High Street and was a common feature in the conservation area. She highlighted the management of the communal areas which were identified by plot.
Consideration was given to:
· The views of the applicant who stated that the application sought to simplify the elements not cheapen the quality of the build, the concerns of the committee at the previous meeting had been considered and addressed.
· The communal areas and the access to the site.
It was therefore:
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration subject to the rewording of Condition 5 to read:the approved boundary treatment shall be completed in accordance with a timetable which shall be submitted to and approved in writing by the Local Planning Authority prior to any of the approved units first being occupied and thereafter shall be so retained and to Condition 7 to read: the materials to be used for all the external surfaces of the buildings shall be as shown on the approved drawings and set out in the letter submitted with the application dated 11th December 2018. The hard surfaced area for the car park shall be tarmac as set out in the applicants letter dated 18th March 2019.
(Proposed by Cllr B A Moore and seconded by Cllr Mrs C A Collis)
Notes:
i) Cllr R L Stanley declared a personal interest as a Director of 3 Rivers Developments Ltd and chose to leave the meeting during the discussion and vote thereon;
ii) Mr Sanderson (Applicant) spoke;
iii) The following late information was reported:
3/4/2019 Following the receipt of further information from the applicant, conditions have been updated, with those in italics being amended or new additions:
CONDITIONS
1. The development hereby permitted shall be begun before 4th July 2020.
2. Subject to the effect of any condition of this permission, the development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule on the decision notice.
3. Before the development hereby permitted is first brought into use, the access and its
associated visibility splays, parking and turning areas shall be provided and surfaced to avoid surface water discharge onto the highway. Following their provision these details shall be so retained and maintained.
4. All telephone, electricity and mains gas services to the building shall be placed underground.
5. The approved boundary treatment shall be completed in accordance with a timetable which shall be submitted to and approved in writing by the Local Planning Authority prior to any of the approved units first being occupied and thereafter shall be so retained
6. Notwithstanding the provisions of Article 3 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 development of the types referred to in Classes A, B, C, D, E and F of Part 1, or Class A of Part 2 of Schedule 2 relating to the
enlargement, improvement or other alteration of a dwellinghouse, addition or alteration to the roof, erection of a porch outside any external door, provision within the curtilage of the
dwellinghouse of any building or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, provision of a hard surface or the erection of a gate, fence wall or other means of enclosure, shall be undertaken within the application site without the Local Planning Authority first granting planning permission.
7. The materials to be used for all the external surfaces of the buildings shall be as shown on the approved drawings and set out in the letter submitted with the application dated 11th December 2018. The hard surfaced area for the car park shall be tarmac as set out in the applicants letter dated 18th March 2019
8. Following the demolition of the barn in the north east corner of the site, shallow soil sampling in the areas identified as amenity space for plot 1 shall be carried out to assess for the presence of asbestos fibres. Additional testing shall also be carried out in the area marked TP1 in the Phase2 Geotechnical Investigation and Contamination Assessment report carried out by Ruddlesden geotechnical dated December 2018, in order to determine the presence or absence of volatile organic compounds and/or semi-volatile organic compounds. Where contamination is identified a remediation statement shall be submitted to and approved in writing by the Local Planning Authority prior to any work commencing on site to erect any of the approved dwellings. The approved remediation scheme shall be carried out in accordance with its terms. The Local Planning Authority shall be given two weeks' written notification of commencement of the remediation scheme works. Following completion of the measures identified in the approved
remediation scheme, and before any dwelling is first occupied, a verification report that demonstrates the effectiveness of the remediation carried out shall be submitted to and approved in writing of the Local Planning Authority.
9. The proposed estate road, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, road maintenance/vehicle overhang margins, embankments, visibility splays, accesses, car parking and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins, such details to include plans and sections indicating, as appropriate, the design, layout, levels, gradients, materials and method of construction.
10. No part of the development hereby approved shall be commenced until:
A) The access road has been laid out, kerbed, drained and constructed up to base course level for the first 20 metres back from its junction with the public highway
B) The ironwork has been set to base course level and the visibility splays required by this permission laid out
C) The footway on the public highway frontage required by this permission has been constructed up to base course level
D) A site compound and car park have been constructed to the written satisfaction of the Local Planning Authority
11. No development shall take place until a surface water drainage scheme has been submitted to and approved in writing by the Local Planning Authority. Unless it is demonstrated that it is unfeasible to do so, the scheme shall use appropriate Sustainable Urban Drainage Systems. The drainage scheme shall be designed so that there is no increase in the rate of surface water runoff from the site resulting from the development and so that storm water flows are attenuated. The development shall be carried out in accordance with the approved scheme and shall be fully operational before any dwelling is first occupied.
12. No work shall be carried out on the site on any Sunday, Christmas Day or Bank Holiday or other than between the hours of 0730 and 1900 hours on Monday to Fridays and 0730 and 1300 on Saturdays.
13. No development shall begin on the conversion of the barn until a schedule of works has been submitted to and approved in writing by the Local Planning Authority. The schedule of works shall include:
(a) Details of any demolition or removal of any building fabric and any rebuilding or repairing works required to convert the building;
(b) Details of all measures required to support any wall, floor, roof or other vertical or horizontal surface
(c) Details of measures required to provide protection for the building against the weather during the conversion works.
The agreed schedule shall be strictly adhered to during the course of the conversion works.
14. The mitigation and enhancements proposed in the Ecological Appraisal (February 2017) prepared by Green Ecology shall be implemented and completed before any dwelling is first occupied and shall be retained in accordance with the requirements of that report.
(e) No 4 on the Plans List (19/00024/FULL – variation of condition 2, of planning permission 17/00353/FULL to read “to be in accordance with the amended plans to regularise alterations”– land at NGR 307578 116857 (SE of Oakfield) Burlescombe).
The Area Team Leader outlined the contents of the report explaining the scheme by way of presentation highlighting the minor amendments to the front elevations that of the front windows and the porches and the fencing to the rear of the site.
Consideration was given to the amendments to the design of the porches and whether these were aesthetically pleasing.
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr B A Moore and seconded by Cllr P J Heal)
Notes:
i) Cllr R L Stanley declared a personal interest as a Director of 3 Rivers Developments Ltd and chose to leave the meeting during the discussion and vote thereon;
ii) Cllrs: Mrs H Bainbridge, Mrs C A Collis and Mrs G Doe requested that their votes against the decision be recorded.
(f) No 5 on the Plans List (18/001866//FULL – Erection of a dwelling 12 Martins Lane, Tiverton).
The Area Team Leader outlined the contents of the report identifying by way of presentation the location of the site in the rear garden of 12 Martins Lane, the access via the underpass from Water Lane and the built environment surrounding the site. She explained the shared parking area, the proposed elevations, roof and floor plans and provided photographs from various aspects of the site.
Consideration was given to:
· The number of parking spaces available
· The position of the tree and whether it would be removed
· The views of the objector with regard to whether the site was sustainable, the rejection of previous applications on the site, the plot size and concerns with regard to overlooking, the building mass and the provision of utilities to the site
· The view of the agent with regard to the need to use small plots which would be in walking distance to the town, the pre application advice, how the parking would be controlled and that the development would not have a detrimental impact on the Conservation Area
· The views of the Ward Member with regard to the planning balance and the denseness of the built environment
· The impact of the development on neighbouring properties.
It was therefore:
RESOLVED that planning permission be refused as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)
Notes:
i) Cllr R J Dolley declared a personal interest as he knew the agent;
ii) Ms Whittaker spoke in objection to the application;
iii) Mr Bryant (Agent) spoke;
iv) Cllr Mrs E J Slade spoke as Ward Member.
Publication date: 05/04/2019
Date of decision: 03/04/2019
Decided at meeting: 03/04/2019 - Planning Committee
Accompanying Documents: