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Decision details

THE PLANS LIST (00-09-30)

Decision Maker: Planning Committee

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Committee considered the applications in the plans list *. 

 

Note:   *List previously circulated; copy attached to the signed Minutes.

 

(a)       Applications dealt with without debate.

 

In accordance with its agreed procedure the Committee identified those applications contained in the Plans List which could be dealt with without debate.

 

RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:

 

(i)            No 1 on the Plans List (20/00838/HOUSE – Erection of domestic outbuilding, replacement fence and retention of tree house – 6 Poppy Close, Willand) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

(Proposed by the Chairman)

 

Reason for decision – as outlined in the report

 

Note:  Cllr B G J Warren made a declaration in accordance with the Protocol of Good Practice for Councillors dealing in planning matters as  Chairman of Willand Parish Council in that he had made contact with the Group Manager over procedural issues.

 

(ii)          No 2 on the PlansList (19/02034/LBC Listed Building Consent for installation of 1 replacement window - The Old Carriage House, St Andrew Street North, Tiverton)) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

(Proposed by the Chairman)

 

Reason for decision – as outlined in the report

 

Note: The following late information was provided: as this was a retrospective application, with the works undertaken, condition and reason 1 were not required.

 

b) No 3 on the Plans List (Outline for the erection of 1 dwelling – 12 Kable Close, Tiverton)

 

The Planning Officer outlined the contents of the report by way of presentation highlighting the location of the site 25 metres south of the A361.  He identified the access to the development site and provided an indicative layout plan of how the site might be developed (with all matters reserved – therefore it was just the principle of development that members were being requested to consider) with parking to the front of the new dwelling in line with numbers 11 and 12 Kabale Close.  Members viewed photographs from various aspects of the site which showed the space for development, the proposed access and the demolition of the garage.

 

Consideration was given to:

 

·         The width of the entrance and means of access to the site via a shared driveway

·         Standing highway advice of the minimum width required for a single access

·         The position of the site located at the end of a no through road and the existing access

·         The impact on the neighbouring property throughout the proposed construction

·         The distance of the proposed development from neighbouring properties

·         Whether visitors to the proposed dwelling would park in the turning head

·         Policy DM5 and the Parking SPD only required a single parking space

·         Whether the porch at Number 12 would impact on access to the site

·         The views of the objector with regard to the number of objections to the application; the width of the access to the site; the restricted parking in the area; disturbance from the construction which may impact on the neighbouring properties, the restricted access through Kabale Close and that any development would downgrade the immediate area.

·         The views of the Ward Member with regard to access issues to the site, any extra traffic would block the close and the need to maintain the size of gardens in the area.

·         Whether a site visit would be appropriate and how such a site visit could take place under the current Government restrictions on gatherings, with it being suggested that the site visit taking place in phases to allow all members to attend.

·         The access to the site across the neighbouring property’s drive way

·         The advice of the representative from Devon County Council (Highway Authority) with regard to the required width for access.

 

It was therefore RESOLVED that: the application be deferred to allow a full committee site visit to take place with only members and the case officer in attendance and that it be arranged in accordance with the regulations then in force governing gatherings and meetings.

 

(Proposed by the Chairman)

 

Notes:

 

i)          Cllrs: E J Berry, Mrs F J Colthorpe, S J Clist, L J Cruwys, Mrs C P Daw,  F W Letch, D J Knowles, S J Penny, R F Radford and B G J Warren made declarations in accordance with the Protocol of Good Practice for Councillors dealing in planning matters as they had received correspondence from the objectors;

 

ii)               Mr Harman spoke in objection to the application;

 

iii)              Cllr R J Dolley (Ward Member) spoke.

 

c) No 4 on the Plans List (outline for the erection of up to 105 dwellings, associated landscape, public open space and allotments together with vehicle and pedestrian access from Siskin Chase and pedestrian access from Colebrooke Lane –  land at NGR 301216 106714 – west of Siskin Chase, Colebrooke Lane, Cullompton)

 

The Area Team Leader outlined the contents of the report by way of presentation highlighting the site location, the masterplan for the site, the main vehicle access and various photographs from aspects of the site.  She explained that the application was identical to the one allowed at appeal and that the only matter for consideration was that of the S106 agreement. At the appeal two S106 agreements had been put forward and the Inspector had agreed the applicants proposed undertaking of up to 35% affordable housing with the provision of public open space but had struck out the area of land leading to the Rugby Club.  The S106 before Members included 28% affordable housing (in line with the provisions set out in the Adopted Local Plan Review under policy CU21), the education contributions, air quality contributions, public open space and a travel plan.

 

Consideration was given to:

 

·         The reasons that the committee had refused the previous application and the outcome of the appeal

·         The access to the site from Siskin Chase and not via Colebrooke Lane

·         How the S106 agreement had been arrived at

·         The undertaking from the applicant omitted a contribution to the relief road and  included 28% affordable housing

·         Policy CU21 of the Adopted Local Plan and the need for the S106 agreement to be policy compliant

·         The need for Condition 13 to be redrafted or for Condition 11 to be amended

·         The triggers for the S106 agreement

·         The views of the agent with regard to the adopted Local Plan Review and the policies set out in that plan; the outcome of the appeal; the NPPF’s presumption of a sustainable and good quality design scheme and that further engagement would take place in conjunction with the Reserved Matters application

 

It was therefore RESOLVED that subject to the prior signing of a S106 agreement to secure the following:

 

1)    Affordable housing - 28% on-site provision of affordable housing with a proposed tenure split (75% affordable rent and 25% shared ownership), as well as the triggers for providing such housing (all provisions as per UU2 but with 28% affordable housing fixed in place of ‘up to 35%’)

2)    Education contributions - The provision of primary, secondary and early years education contributions as per ‘UU2’

3)    Air quality - The provision of the required air quality contribution of £40,169 to be used for the purposes of minimising road traffic emissions arising from the Development by delivering the Cullompton Air Quality Action Plan and the provision of electric charging cabling as per ‘UU2’

4)    POS - The provision and maintenance of Public Open Space on site for the lifetime of the development as per ‘UU2’

5)    Travel plan – the submission of and adherence to a Travel plan as per ‘UU2’

 

planning permission be granted subject to the amended conditions as recommended by the Head of Planning, Economy and Regeneration.

 

Reason for decision – as outlined in the report

 

(Proposed by the Chairman)

 

Notes:

 

i)             Cllrs: E J Berry, S J Clist, D J Knowles, R F Radford and B G J Warren  made declarations in accordance with the Protocol of Good Practice for Councillors dealing in planning matters as they had received correspondence from the objectors;

 

ii)            Mr Brown (Agent) spoke;

 

iii)          Cllrs Mrs F J Colthorpe, Mrs C P Daw, F W Letch and D J Knowles requested that their vote to approve the application be recorded;

 

iv)          Cllrs E J Berry, S J Clist and S J Penny requested that their vote against the decision be recorded;

 

v)            Cllrs G Barnell, L J Cruwys, R F Radford and B G J Warren requested that their abstention from voting be recorded.

 

d) No 5 on the Plans List ( Erection of a dwelling following demolition of barn – land and buildings at NGR 301235 112854 – Orchard House, High Street, Halberton).

 

The  Area Team Leader outlined the contents of the report  by way of presentation highlighting the location of the site, the access to the site with the public parking area, the location of the proposed barn for conversion and that the site was within the Conservation Area of Halberton.  She outlined the proposals for the demolition of the barn to be replaced with a single dwelling, she highlighted the proposed elevations of the new build, the proposed floorplans and provided photographs from various aspects of the site.  The new build would retain the traditional look of the barn and negotiations had taken place with regard to a suitable boundary wall to negate the impact on the listed building of Orchard House.

 

Consideration was given to:

 

·         Whether there had been any wilful neglect to the barn

·         The state of the barn at the time the land was purchased

·         The precautions the developer took to safeguard the barn

·         Whether the new build was in common with the barn to be demolished

·         The Conservation Officer’s view that he was satisfied with the proposal to demolish the barn

·         The fact that the Parish Council would like to see the barn restored

·         The need for an independent survey of the barn

 

It was therefore RESOLVED that: the application be deferred to allow for an independent survey of the barn to take place along with a viability assessment of the structure.

 

(Proposed by Cllr E J Berry and seconded by Cllr S J Clist)

 

Note: Cllr R F Radford spoke as Ward Member

 

e) No 6 on the Plans List ( Retention of decking and gazebo in rear garden and raised fence – 31 Banksia Close, Tiverton).

 

The Planning Officer outlined the contents of the report by way of presentation highlighting the site location, the block plan, the location of the decking and the gazebo located on top of the decking.  He considered the proposed plans emphasising the elevation of the rear lawn, the fence elevation and photographs from various aspects of the site and from the neighbouring property.

 

Consideration was given to:

 

·         The gradients between the 2 properties

·         The height of the fence between the 2 properties

·         The height of the decking

·         The views of the applicant with regard to his relationship with the neighbour, the decking made good use of the garden; the gazebo was put in place to protect the neighbour from activities on the decking; the increased height of the fence protected the neighbour and that the trees to the rear of the gardens did create shade

·         The views of the Ward Member with regard to the impact of the decking on the neighbouring property which was felt to affect the neighbour’s privacy, possible light pollution and the need if granted for conditions to protect the amenity of the neighbour

·         Whether any additional conditions would be reasonable

 

It was therefore RESOLVED that: planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

 

Reason for decision – as outlined in the report

 

(Proposed by the Chairman)

 

Notes:

 

i)             Cllrs: E J Berry, Mrs F J Colthorpe, S J Clist, L J Cruwys, Mrs C P Daw, F W Letch, D J Knowles, S J Penny, R F Radford and B G J Warren made declarations in accordance with the Protocol of Good Practice for Councillors dealing in planning matters as they had received correspondence with regard to the application;

 

ii)            Mr Bridges (the applicant) spoke;

 

iii)           The Chairman read a statement on behalf of one of the Ward Members;

 

f) No 7 on the Plans List (Erection of 5 poultry units, biomass boiler unit; attenuation pond; access track; hardstanding; landscaping and associated infrastructure – Land at NGR 285042 114106 (Edgeworthy Farm) Nomansland).

 

The Area Team Leader outlined the contents of the report  by way of presentation providing the history of the site, that the application approved in January 2016 had not been implemented and highlighted the location nof the site which was outside of the floodplain, the layout of the proposed shed and attenuation pond, the extensive planting proposed, the biomass building plans, shed elevations, site office plans and photographs from various aspects of the site.  He advised the meeting that the key concern was that of highway movements and that the Highways Authority had no objections, that statutory consultees were also satisfied and that the visual impact of the proposal had been considered.

 

Consideration was given to:

 

·         Other legislation required to cover animal welfare

·         Large vehicles on unclassified roads

·         The views of the Highways Officer with regard to the condition of the existing highway, the access to the B road had been agreed in the 2015 application, the visibility splay had been agreed, the impact on the landscape and access had been considered and covered by conditions

·         The amount of waste from the site and where it was being transferred to

·         Possible cumulative impact with other development of this type in the area

·         The possible impact of the overnight trips on the local residents

·         The views of the applicant with regard to the reasons why the previous application had not been implemented, the programme of high welfare chicken production proposed and the transport link from the B3137 down to the farm

 

It was therefore RESOLVED that: planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

 

Reason for decision – as outlined in the report

 

(Proposed by Cllr F W Letch and seconded by Cllr E J Berry)

 

Notes:

 

i)             Cllr Mrs F J Colthorpe declared a personal interest as the landowner was known to her and the matter had been discussed at parish council level;

 

ii)            Cllr R F Radford declared a personal interest as the applicant was known to him;

 

iii)          Mr Lake (applicant) spoke.

 

Publication date: 14/09/2020

Date of decision: 09/09/2020

Decided at meeting: 09/09/2020 - Planning Committee

Accompanying Documents: