Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Sally Gabriel Member Services Manager
Link: audio recording
APOLOGIES AND SUBSTITUTE MEMBERS
To receive any apologies for absence and notices of appointment of substitute.
Apologies were received from Cllr R F Radford who was replaced by Cllr Mrs B M Hull.
PUBLIC QUESTION TIME
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.
Mr Salter referring to the Eastern Urban Extension items stated that:
The many recommended amendments and additions to existing wording and conditions outlined in the Head of Planning and Regeneration’s report in Item 11 for Application 14/00881/MOUT make shocking very depressing reading, as, if sanctioned, they would herald a vast deterioration in infrastructure provision for the Eastern Urban Extension, the likely result being a steady, but eventually massive, increase in traffic congestion, pollution and noise affecting many people and stakeholders. Although predicable these would also represent very major setbacks for the Adopted Masterplan.
While we have some sympathy with Planning Officers, who have little to show for their efforts, we are still surprised that the negotiations with an obviously intransigent Chettiscombe Trust were apparently so one-sided, this report representing ‘the best that can be achieved’ and requiring ‘difficult decisions to be considered in several areas’. We are also very concerned about the shortfall in funding for the A361 junction, being surprised that greater assurances were not sought for the availability of Local Enterprise Partnership funding of £7.5 million.
We urge that ‘the pressing need to resolve outstanding issues’ and ‘the need for speedy resolution’ will not lead to hasty decisions, resulting in unsustainable solutions which will be regretted for many years to come. A key statement in the Masterplan reads ‘The provision of a new junction onto the A361 is critical to the success of the scheme, to prevent unacceptable increases in traffic along Blundell’s Road’. The latter is not going to happen!
We have, until now, supported the introduction of a carefully phased Eastern Urban Extension, but we feel that the price to be paid for the development and the consequent achievement of five-year housing targets will become too high because the changes requested in this report are so fundamental, far-reaching and damaging that they would result in unacceptable outcomes. We urge that they should be refused, or heavily amended, and that decisions should be delayed while all possible alternative scenarios and funding solutions are urgently re-examined. Is there time to discuss all these major issues and others adequately at one meeting?
The choices are stark ones. Last August this committee unanimously rejected the Chettiscombe Trust’s previous application to change the terms and conditions of its pending s106 agreement. Do they have the courage of their convictions to do so again?
1. The Masterplan
The Adopted Masterplan SPD outlines the need for the first phase of the junction and linking road to be completed prior to the occupation of any development. ‘As the development progresses, the occupation of no more than 200 dwellings (or 4,000sqm of employment) is permitted until completion of Phase 1 traffic calming and improvements to the roundabouts at Heathcoat Way and Lowman Way are completed. Prior to the occupation of no more than 600 dwellings or 10,000 sqm of employment land the completion of the full grade separated junction and Phase 2 of the traffic calming works are required’. The Head of Planning and Regeneration’s ... view the full minutes text for item 149.
To receive the minutes of the previous meeting (attached).
The minutes of the meeting held on 1 March 2017 were approved as a correct record and signed by the Chairman.
CHAIRMAN'S ANNOUNCEMENTS (00-35-39)
To receive any announcements the Chairman may wish to make.
The Chairman had the following announcements to make:
· She thanked the Vice Chairman for stepping in at the last meeting as she had been unexpectedly unable to attend.
· She thanked Jo Cavill (Enforcement Officer) and wished her all the best for the future as she was leaving the authority.
To consider the items contained in the Enforcement List.
Consideration was given to a case in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
a) No. 1 in the Enforcement List (Enforcement Case ENF/15/00171/UCU – Unauthorised material change of use of land from agriculture to a mixed use of agriculture and use for business and domestic storage – land at NGR 310656 113326 (Hillmoor), Culmstock).
The Enforcement Officer outlined the contents of the report highlighting the issues at the site that of the impact of the storage of materials on the visual amenity and the character of the area. She explained the previous planning history of the site and the Certificate of Lawfulness that had been granted for the provision of parking in the area
Consideration was given to the impact that the storage area was having on the local amenity.
It was therefore:
RESOLVED that the Legal Services Manager be given delegated authority to issue a change of use enforcement notice, requiring the cessation of use of the land for both domestic and business storage and the removal of all materials from the land, In addition authority be given to take any legal action deemed appropriate including prosecution or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr D J Knowles)
Note: Mrs Jones – Chairman of Culmstock Parish Council and local resident spoke.
b) No. 2 in the Enforcement List (Enforcement Case ENF/16/00140/UDRU – Unauthorised change of use of land from agriculture to a mixed use of agriculture and use for the siting of structures for human habitation – Longwood Farm, Burlescombe).
The Enforcement Officer outlined the contents of the report highlighting the planning history on the site and the matter of a wooden structure that had been constructed for the purposes of human habitation. She explained that little work had taken place in the past two years and that there was a need to act to remove the wooden structure before it became immune from planning law. She stated that conversations had taken place with the landowner with regard to a track on to the site and explained that this would require planning permission.
Consideration was given to the delay in the erection of the agricultural storage building and the issue of delivery of materials onto the site.
RESOLVED that the Legal Services Manager be given delegated authority to issue a change of use enforcement notice, requiring the cessation of the land for residential purposes, the removal of the wood structures used for human habitation from the land together with all domestic paraphernalia associated with the use of the land for residential purposes. In addition that authority be given to take any legal action deemed appropriate including prosecution of Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr Mrs C A Collis)
Note: The Chairman read a representation from the landowner.
c) No. ... view the full minutes text for item 152.
DEFERRALS FROM THE PLANS LIST
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.
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 5 on the Plans List (17/00209/HOUSE – External alterations to include alterations to roof and installation of ground mounted solar panels – 4 Blundells Avenue, Tiverton) be granted planning permission subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by the Chairman)
(b) No 1 on the Plans List (16/01362/FULL – Conversion of 5 redundant agricultural buildings to 5 dwellings – land and buildings at NGR 279371 101700 (Spencecombe), Crediton).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the site location plan. He identified the buildings in question, the access to the courtyard, existing and proposed floor plans and the proposed elevations. He explained that the two open fronted linhays at B and C on the plans did not meet with Policy DM11 and stated that 4 dwellings on the site would be acceptable and have less impact on the setting of the listed building. Members viewed photographs from various aspects of the site.
Consideration was given:
· The increase in vehicles on the site
· How a 4th unit would be formed
· The impact on the setting of the listed building
· The need to maintain the barns in some form in the courtyard
· The fact that the linhays were not suitable for modern agriculture
RESOLVED that the application be deferred for a site visit by the Planning Working Group to consider whether 5 units rather than 4 units on the site would be acceptable and to also consider the impact of the associated number of vehicles on the site.
(Proposed by Cllr P J Heal and seconded by Cllr J D Squire)
i) Cllrs D R Coren and P J Heal made declarations in accordance with the Protocol of Good Practice for Councillors in dealing with Planning matters as they had been involved with discussions regarding the application and had attended Parish Council meetings where the application had been discussed;
ii) Cllr P J Heal and F W Letch declared personal interests as the applicant and his family were known to them;
iii) Mr Garside (Agent) spoke;
iv) Cllr D R Coren and P J Heal spoke as Ward Members;
v) The following late information was reported: The applicant’s agent has circulated a submission to members, and the following is a summary response to the points raised as already articulated in the committee report.
1. The agent challenges if the buildings are listed, taking into account the relevant factors as set out below you officers are of the view that ... view the full minutes text for item 154.
To be noted.
The Committee NOTED the decisions contained in the Delegated List *.
Note: *List previously circulated; copy attached to Minutes.
List attached for consideration of major applications and potential site visits.
The Committee had before it, and NOTED, a list * of major applications with no decision.
It was AGREED that:
Application 17/00348/MOUT – (Creedy Bridge, Crediton) be brought before Committee for determination and that a site visit take place.
Application 17/00300/MOUT (Uffculme Road, Uffculme) be brought before Committee for determination if minded to approve.
Application 17/00173/MOUT (White Cross, Cheriton Fitzpaine) be brought before Committee for determination and that a site visit take place.
Note: *List previously circulated; copy attached to the Minutes
To receive a report from the Head of Planning and Regeneration providing an update on the funding and delivery of the new grade separated A361 junction to serve the Tiverton Eastern Urban Extension.
The Committee had before it and NOTED a report * of the Head of Planning and Regeneration providing an update on the funding and delivery of the new grade separated A361 junction to serve the Tiverton Eastern Urban Extension.
She outlined the contents of the report by way of presentation highlighting the grade separated junction on the A361 and the approved plans of phase 1 of the left in and left out junction, the roundabout onto Blundells Road and the proposed 2nd phase with the establishment of the new over bridge on the A361. She stated that conditions for planning permissions granted had been discharged and that lawful commencement was taking place; the junction had been intended to be built out in its entirety however there had been funding issues which had required a review of the project. An updated time limited funding package had therefore been put in place which was outlined in detail in the report, to secure the junction that the Eastern Urban Extension depended on. She highlighted the changes to the S106 and conditions following amendments to the scheme that had to take place and the proposed timescales. She further explained the funding package that had been put in place which would deliver Phase 1 of the scheme the left in, left out southern slips (LILO) and the link to Blundells Road and would allow for construction to take place. The 2nd phase of the junction did not form part of the package and further bids for funding would be required.
The Head of Planning and Regeneration and Mr Sorenson (Devon County Council – Highways Authority) answered questions posed in public question time:
Changes to the masterplan – the triggers for highway infrastructure were based on the original funding scheme, as the original package had failed, there had been a need to revisit this, the masterplan was not flawed, but had to respond to a change in circumstances. With the completion of the LILO, access to the site would be by the southern slips.
Mr Sorenson provided the table of projected flows both base flow and flows with build our of development within Area A together with the left in left out junction
Flows through Halberton were considered as not significant in planning terms and the increases would be less than seasonal variations from committed developments and agricultural activity.
The roundabout triggers remained unaltered and development would deliver contribution in sufficient time to deliver improvements to capacity at Lowman Way and Heathcoat roundabouts. Gornhay Cross had been modelled and would not have any capacity issues.
The Highway Authority confirmed that both the junction design and the traffic calming design and installation have been ... view the full minutes text for item 157.
14/00881/MOUT - OUTLINE FOR 700 DWELLINGS, 22,000 SQ METRES B1/B8 EMPLOYMENT LAND, CARE HOME, PRIMARY SCHOOL, NEIGHBOURHOOD CENTRE WITH LEFT IN, LEFT OUT JUNCTION ON TO A361 AND ACCESS / EGRESS ONTO BLUNDELL'S ROAD. PDF 543 KB
To receive a report from the Head of Planning and Regeneration.This planning application has a resolution to grant planning permission subject to a S106 agreement and a range of conditions. Subsequent negotiations with the applicant over the S106 provisions, conditions as drafted and in light of the most up to date position over the funding and delivery of the A361 junction have resulted in proposed changes to the S106 and conditions. These require Planning Committee consideration.
The Committee had before it a report * of the Head of Planning and Regeneration regarding the above planning application that had a resolution to grant planning permission subject to a S106 agreement and a range of conditions. Subsequent negotiations with the applicant over the S106 provisions, conditions as drafted and in light of the most up to date position over the funding and delivery of the A361 junction had resulted in proposed changes to the S106 and conditions; these required Planning Committee consideration.
The Head of Planning and Regeneration outlined the contents of the report highlighting by way of presentation the site area plan and boundary, the illustrative layout and areas A and B. She reiterated the junction delivery issues discussed prior to this item and the impact that this had had on the Chettiscombe Trust application. She outlined the proposed changes to the Section 106 agreement as set out in the report:
· The highway plans
· The timings for the junction
· The link to Blundells Road that had to be secured
· The need for a condition to state that no part of the development should be occupied until Phase 1 of the junction as complete
· The revised highway package (LILO) would serve both the Chettiscombe and Waddeton areas, the employment land and the school.
· The conditions to be amended
· The deletion of Condition 12
· The consideration of an offsite contribution towards a Gypsy and Traveller site
Consideration was given to.
· The terms of the Council loan
· The detail of the masterplan
· Traffic movements
· Implications for Junction 27 of the M5 and the junction upgrade that had taken place
· The construction haul route onto Area A and the use of the southern slips
· Access to Area B
· Delegating authority to deal with any amendments to the timing of financial contributions
1. the S106 agreement resolution be amended to:
i) Secure the payback arrangements for the Mid Devon District Council loan (with interest) which will assist forward funding of the first phase of the A361 junction.
(ii) Secure the delivery of the linking road between the new A361 junction and Blundell’s Road within 12 months of the sale of sufficient land on the application site to fund the construction of the linking road;
iii) Allow for a financial contribution to be made towards the off-site provision of gypsy and traveller pitches including the cost of land acquisition. This is in lieu of on-site pitch provision.
iv) Grant delegated authority to the Head of Planning and Regeneration in consultation with the Chair and Vice Chair of Planning Committee to amend the timing of financial contributions secured through the S106 agreement if necessary in order to balance the need to secure payments in a timely manner with the cash flow / viability of the development to secure its delivery.
2. That in the event S106 negotiations are unable to secure iii) above (an acceptable level of financial contribution towards the off-site provision of gypsy and traveller pitches), delegated authority be ... view the full minutes text for item 158.
VARIATION OF S106 AGREEMENT: 13/01616/MOUT OUTLINE FOR THE DEVELOPMENT OF UP TO 330 DWELLINGS TOGETHER WITH PUBLIC OPEN SPACE, ASSOCIATED INFRASTRUCTURE AND OTHER WORKS INCLUDING VEHICULAR ACCESS, PEDESTRIAN /CYCLE LINKS AND HIGHWAY IMPROVEMENT,
To receive a report from the Head of Planning and regeneration considering proposed changes to the S106 agreement entered into in relation to this planning permission.
The Committee had before it a report * of the Head of Planning and Regeneration to consider proposed changes to the S106 agreement entered into in relation to this planning permission.
The Head of Planning and Regeneration outlined the contents of the report stating that the Planning Committee agreed the Heads of Terms and that the amendments requested by the developer related to the finer details of the precise wording worked up by officers. She outlined the headline proposed amendments:
· With regard to the Gypsy and Travellers site, she felt that it was appropriate to move the trigger for occupation from 200 dwellings to 260 dwellings in so far that it left a balance of 70 dwellings of market dwellings to be occupied after the Gypsy and Traveller pitches were in place, there being a sufficient number of dwellings remaining that the development would not cease.
· She felt is also appropriate to look at the timing of the financial contributions proposed as this meant that some of the contributions would come forward earlier than originally proposed.
· The Council was proposed to be the affordable housing provider and therefore an amendment be made to discharge market housing developers from all affordable housing requirements upon completion of the Councils land purchase of part of the site. There was also an amendment sought by the applicant to terms in the event that the Council did not purchase the land.
Consideration was given to:
· Whether the Gypsy and Traveller pitches would remain on the site for the time being;
· The construction traffic route for the development
(Proposed by Cllr P J Heal and seconded by Cllr B A Moore)
i) Cllr R L Stanley declared a personal interest as he had been in discussion with the developer and would be abstaining from voting on this matter;
ii) Cllr D J Knowles declared a personal interest as some of the objectors were known to him;
iii) Cllr R L Stanley requested that his abstention from voting be recorded
iv) *Report previously circulated copy attached to minutes.
To receive a report of the Head of Planning and Regeneration regarding this application.
The Committee had before it a report * of the Head of Planning and Regeneration to consider whether a Tree Preservation Order should be confirmed in light of the objection received.
The Head of Planning and Regeneration outlined the contents of the report by way of presentation identifying the tree in question.
RESOLVED that the Tree Preservation Order be confirmed.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)
Note-: *Report previously circulated copy attached to minutes.
To receive a report of the Head of Planning and Regeneration updating Planning Committee on the recent assessment of productivity in the Planning Service.
It was AGREED that this item be deferred to the next meeting due to the lateness of the hour.