Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Carole Oliphant Member Services Officer
APOLOGIES AND SUBSTITUTE MEMBERS (0.05.39)
To receive any apologies for absence and notices of appointment of substitute.
Apologies were received from Cllr D J Knowles.
Cllr P J Heal attended via ZOOM and the Vice Chairman took the Chair.
PUBLIC QUESTION TIME (0.06.43)
To receive any questions relating to items on the Agenda from members of the public and replies thereto.
Note: A maximum of 30 minutes is allowed for this item.
Hannah Kearnes, a local resident, referring to no1 on the plans list provided the following questions which were read out by the Vice Chairman.
Why does the application submitted by MDDC fail to comply with Building Regulations 2021 Part O – Overheating? This is a regulation that is intended to provide protection to both young children and the medically vulnerable and which recognises both the impacts and subsequent risk of global warming.
Why does the application submitted by MDDC fail to comply with Building Regulations 2021 Part L - Thermal Efficiency? Specifically why does the application not provide the required full range of thermal efficiency calculations or detailed information on thermal bridging reduction?
Why is there a requirement for ALL widows on the rear and side elevations overlooking existing properties, gardens and green spaces, to be frosted or the views obliterated with 1.7 meter high frosted screens? Is it not agreed that this requirement seriously impact the new modular home’s residents living conditions and well-being?
Are Planning Officers and Members aware that there is an increasing concern about the fire and safety risk of modular homes, in particular multi-story constructions? Are they aware of the fact that in 2020, a 2 story high modular built accommodation unit burnt down very rapidly? The full circumstances are still being investigated with the potential of legal action being taken. Fire experts amongst others are now even suggesting that modular built multi accommodation units are the next Grenfell Tower waiting to happen.
Have MDDC as the “Responsible Entity”undertaken checks on the fire safety design with independent experts including the Devon and Somerset Fire Service, rather than just relying on ZED PODS providing a materials statement etc?
It is understood that the Somerset Fire Service may already have concerns about modular build fire safety.
Having regard to my previous question on fire safety, this question is asked given that the proposed modular development will have 20 car parking spaces beneath it.
Are Planning Officers and Members aware of the reported findings of the very serious multi-story car park fire that occurred in Liverpool in 2018 in which 1400 cars were destroyed? Are they aware of the cause of the fire and the fire spread pattern and the speed of the fire spread?
Mr Paul Elstone, a local resident, referring to No 2 on the plans list provided the following question which were read out by the Vice Chairman:
DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (0.15.52)
To record any interests on agenda matters.
The following declarations were made:
Cllrs C Daw and C Eginton made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had received correspondence with regard to application 21/01957/FULL Shapland Place, Tiverton
Cllrs S J Clist, L J Cruwys, C Daw, B Holdman and B G J Warren made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had received correspondence with regard to application 21/0214/MARM Land at NGR 297844 113446, Blundells Road, Tiverton
Cllrs S J Clist and B G J Warren made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had received correspondence with regard to application 21/02113/FULL Newcombes Surgery, Crediton
Cllr F W Letch made a personal declaration with regard to application 21/02113/FULL Newcombes Surgery, Crediton as he was the ward member.
To consider whether to approve the minutes as a correct record of the meeting held on 2nd March 2022.
The Minutes of the meeting held on 2nd March 2022 were agreed as a true record and duly SIGNED by the Vice Chairman.
CHAIRMAN'S ANNOUNCEMENTS (0.16.33)
To receive any announcements the Chairman may wish to make.
The Vice Chairman reminded Members that the next scheduled meeting was on 30th March 2022
DEFERRALS FROM THE PLANS LIST (0.16.49)
To report any items appearing in the Plans List which have been deferred.
There were no deferrals from the Plans List
To consider the planning applications contained in the list.
The Committee considered the applications on the *Plans List
Note: *List previously circulated and attached to the minutes.
a) Application 21/01957/FULL - Demolition of garages, erection of a two-storey block of 8 dwellings, raised above a podium structure atop car parking level with associated soft and hard landscaping works at Garages and Forecourt, Shapland Place, Tiverton.
The Area Team Leader provided responses to public questions and explained that the fire safety concerns raised were a building regulations issue and were not a material planning consideration. The building would be alongside adopted roads for access and that the applicant had provided further details of the fire strategy. He confirmed that only the east elevation had obscure windows and privacy screens.
In response to questions raised by Members on a site visit he confirmed that Tiverton was not in an air quality management area and there had been no concerns from Public health in relation to air pollution in the car parking area. Any development must meet fire safety standard though building regulations and that the scheme provided 3 electric vehicle charging points which was in excess of the required standard.
The Area Team Leader then outlined the application by way of a presentation which highlighted the location plan, site plan, ground and first floor plans, second floor plans, elevations, section plans, landscaping plan, 3D views of the west elevation and photographs of the site.
Consideration was given to:
· The application site was in flood plain 3 but there had been no objections from the Environment Agency
· The views of the Town Council who highlighted the impact on existing residents, impact on new residents, potential overheating and mechanical ventilation and a potential modular fire risk
· The views of the Ward Member who stated that he supported the scheme but he noted concerns of neighbours with regard to overlooking and potential flood issues
· Members concerns that the design of the scheme made it inaccessible to wheelchair users
· That the scheme was accessible for other disabilities and included disabled parking but that as it was a modular scheme it would be difficult to adapt for wheelchair access as the ground floor was designated for car parking
· Members concerns that condition 10 should remove the option of an alternative timeframe for the installation of the 3 electric charging points
It was therefore:
RESOLVED that planning permission be granted subject to conditions and the signing of a S106 agreement as recommended by the Interim Development Management Manager subject to an amendment to condition 10 to remove the option of an alternative timeframe for the installation of the 3 electric charging points
(Proposed by Cllr F W Letch and seconded by Cllr Mrs C P Daw)
Reason for the decision: As set out in the report
i. Cllr P Elstone provided a statement on behalf of the Town Council
ii. Cllr R J Dolley spoke as ward member
b) Application 21/02014/MARM - Reserved Matters in respect of (appearance, landscaping, layout and scale) for the area associated ... view the full minutes text for item 172.
The above application was considered at committee on 2nd March 2022, members resolved to recommend approval subject to;
i) A legal agreement with DCC to secure the education contribution of £17,097 towards primary education infrastructure;
ii) Delegated authority being given to the Interim Development Management Manager to request of the applicant amendments to Conditions 5, 6, 7 and 8 to remove the wording ‘prior to first occupation’ and replace with the wording ‘prior to work commencing’. Should such a proposal not be agreed by the applicant, then the application return to the next available committee meeting for further consideration.
The application is being bought back to committee in order to provide clarification as to when a change of use application is likely to be required, should the C3 use be granted. The Interim Development Management Manager will provide verbal clarification on this matter at the meeting.
In light of the concerns raised by members in respect of the details required by conditions 5-8, further information in relation to landscaping, cycle storage, refuse storage and parking layouts are expected to be received in advance of the meeting. A further update will be provided on this as part of the written update sheet to members.
The Committee had before it a *report of the Interim Development Management Manager presenting further information for application 21/02113/FULL - NEWCOMBES SURGERY, CLIFFORD GARDENS, CREDITON.
The Interim Development Management Manager explained that the application had been approved by the Committee at its meeting on 2nd March 2022 and she was bringing it back to clarify the legislation and some further information received.
The Officer clarified that in some instances domestic dwellings could revert to C3 use without a further change of use permission required. She also confirmed that the applicant had provided a landscaping plan which included refuse storage and cycle provision. These additions were provided to Members by way of a presentation.
Consideration was given to:
· The views of the objector who stated that there was a concern with residents that the site could be used for unregulated supported housing without the need to apply for a change of use
· The objectors request to condition a restriction on use not to allow supported living would be unreasonable in planning terms
It was therefore:
RESOLVED that planning permission be granted subject to conditions as recommended by the Interim Development Management Manager and subject to:
a) A legal agreement with DCC to secure the education contribution of £17,097 towards primary education infrastructure;
The conditions would be as set out on the update sheet and the works prior to commencing were not required now, as the plans had been received.
(Proposed by Cllr Mrs F J Colthorpe and seconded by Cllr C J Eginton)
Reason for the decision: As set out in the report
i. Mr Howells spoke in objection to the application;
ii. Cllr F W Letch requested that his vote against the decision be recorded;
iii. *Report previously circulated and attached to the minutes
iv. The following late information was provided:
In light of the concerns raised by members regarding the level of information required by conditions 5-8, additional details have been received (10th March 2022) providing further details in respect of the landscaping proposals, cycle stores, refuse and recycling store and car parking. The additional plans are;
NV SK27 A proposed landscape layout
NV SK28 A proposed cycle stores
NV SK27 A propose recycling store
The additional plans are available on the file and will be added to the presentation should members wish to view these items at the meeting.
The landscape layout demonstrates that the existing trees on the site would be retained, with two new specimen trees provided in the garden to the east of the building (1 x Cherry Blossom and 1 x Silver Birch). The gardens would be separated by 1.8m high timber close board fencing. The new hedgerow is proposed to be a mix of beech, purple beech and hazel. It is your officer’s view that the landscaping details are considered to be acceptable, providing a positive contribution to the character and biodiversity of the site. Condition 5 is proposed to be amended (as below) to reflect that suitable details have now ... view the full minutes text for item 173.