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 F W Letch who was substituted by Cllr J M Downes.
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.
Mrs Sumner referring to Item 2 on the Plans List (Mayfair) stated that the density of the application for houses on this site is very different to that in Mayfair, which is a well-established community. This does not form part of the Area B so why is it allowed to be so high density when it is part of the Mayfair community and not Area B.
The Chairman read a set of questions on behalf Dr Bell referring to item 9 (Land at Uplowman Road) on the agenda:
This is the third time that this Committee has been asked to agree to vary the S106 Agreement made with Waddeton Park Ltd. and the second time that you have been asked to permit a variation in the timing of the delivery of traveller pitches on the Waddeton Park site.
This time you are asked to approve a delivery timescale that will effectively be in the sole responsibility of the MDDC’s affordable housing provision enterprise once all the 260 market properties are built and sold because dwelling numbers 261 to 300 are all affordable properties. This is not what you were told was to happen and asked to approve in March this year.
Also in March, the Planning Department and this Committee allowed Chettiscombe Trust to make a financial contribution to the off-site provision of traveller pitches in lieu of on-site provision.
This was due to the applicant deeming that the provision of such pitches is not required to make the development acceptable in planning terms and, that Planning Officers were aware that mortgage companies are expressing concern about lending on sites where traveller provision is required thus adversely affecting delivery of housing.
Is this latest application a version of a
relaxation or avoidance of a traveller site provision by the
Waddeton Park site developers?
Would allowing this change make way for
the MDDC Planning Department to try and fit both Chettiscombe Trust’s and Waddeton
Park’s allocated traveller pitch provision on the Waddeton
3. Why is Chettiscombe Trust’s position on this subject not equally applicable to the Waddeton Park site thus allowing for a single more sensibly sized and consolidated traveller site to be provided in less questionable locations?
The Chairman indicated that answers to the questions would be provided during debate on that particular item.
To receive the minutes of the meeting of 4 October 2017.
The minutes of the meeting held on 4 October 2017 were approved as a correct record and signed by the Chairman.
CHAIRMAN'S ANNOUNCEMENTS (00-07-03)
To receive any announcements the Chairman may wish to make.
The Chairman had the following announcements to make:
· She introduced and welcomed new officers: David Green (Group Manager for Development) and Tristan Peat (Forward Planning Team Leader) to the meeting.
· She informed the meeting that Naomi Morgan (Planning Assistant) would be leaving the authority to take up a post elsewhere; she thanked her for her work and wished her well for the future.
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 7 on the Plans List (17/001602/FULL – Change of use from Use Class A1 (Retail) to Use Classes A3 (Restaurants and Cafes) and A5 (Hot Food takeaways – 10 Market Walk, Bampton Street, 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 Cabinet Member for Housing which included the property function.
(ii) No 8 on the Plans List (17/001607/FULL – Change of use of ground floor and basement from Use Class D1 (Healthcare) to use Class A1 (Retail), 37 Bampton Street, Tiverton) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
(b) No 1 on the Plans List (17/00824/FULL – Erection of 3 dwellings with associated access and parking provision – Springbourne, Cullompton).
The Area Team Leader outlined the contents of the report by way of presentation explaining that the site was part of the CU15 allocation within the Local Plan and highlighting the location of the site, the proposed site plan, the new access, the oak tree with a Tree Preservation Order which would be unaffected by the development, proposed elevations and floor plans for the dwellings and the details of the foul water and waste disposal from the site. Members viewed photographs from various aspects of the site and were informed about the Town Council’s concerns regarding the access and overdevelopment of the site. She made reference to the update sheet which outlined a revised recommendation, an addendum to the report with regard to permitted development rights and a proposal for an additional condition which referred to the oak tree.
Consideration was given to:
· Whether the site and access was within the 30 mph speed limit
· The new access to the development and the existing property
· The low density on the site.
RESOLVED that planning permission be granted subject to:
· The prior signing of a s106 Agreement relating to the provision of £4326 towards improvements to Knightswood play area and £15,654 towards funding community car share schemes and clubs for Cullompton;
· Conditions as recommended by the Head of Planning, Economy and Regeneration with an additional condition stating that “Prior to the construction of the new access and driveway, an arboricultural method statement shall be submitted to, and approved in writing by the Local Planning Authority. The arboricultural method statement should detail how the oak tree (the subject of the Tree Preservation Order) will be protected throughout the construction process ... view the full minutes text for item 75.
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 17/01660/MOUT – 10 dwellings at Barnshill Close, Cheriton Fitzpaine be brought before committee if minded to approve and that in that instance, a site visit take place.
Note: *List previously circulated; copy attached to the Minutes
To receive for information a list of recent appeal decisions.
The Committee had before it and NOTED a list of appeal decisions * providing information on the outcome of recent planning appeals.
Members were informed that with regard to application 17/00300/MOUT although the application had been allowed with conditions, the inspector had refused an award of costs against the Council as he had felt that the correct balance had been applied, Members had used their experience and local knowledge and that the authority showed examples of good practice by having a cooling off period, having been minded to refuse the application and then considered an implications report prior to making a final decision at the following meeting.
Note: *List previously circulated; copy attached to signed Minutes.
APPLICATION 13/01616/MOUT - 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,LAND AT NGR 298671 113603, UPLOWMAN ROAD, TIVERTON (2-11-30) PDF 210 KB
To consider a report of the Head of Planning, Economy and Regeneration requesting consideration of 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 regarding proposed changes to the S106 agreement entered into in relation to this planning permission.
The Area Planning Officer outlined the contents of the report highlighting the planning permission granted for 330 dwellings in 2015. Since the granting of planning permission discussions had been ongoing with the applicant over the delivery of dwellings on the site together with the preparatory works for the submission of reserved matters. Members at the Planning Committee on 29 March 2017 approved amendments to the timing of payment of financial contributions which formed the basis of a Deed of Variation to the signed S106 agreement of September 2015. A request had now been made by officers to the applicant for further amendments to the timing of payments.
She outlined the proposed changes to the triggers:
· the pre commencement triggers remained the same;
· the first financial contribution will now be paid on or before the 125th dwelling (as opposed to the 150th dwelling),
· the second trigger on the 200th dwelling (as opposed to the 225th dwelling); and
· traveller pitch provision will be made prior to the 300th dwelling (as opposed to the 260th dwelling).
A response was provided to Dr Bell’s statement and question from the beginning of the meeting: the site was not delivered with unit numbers 1 to 260 being open market dwellings and unit numbers 261 to 300 as affordable dwellings. MDDC would be seeking to deliver the affordable housing at the earliest opportunity following signing of the land deal. There was no obligation to wait on the delivery of the affordable housing.
The Planning Committee in March 2017 sought to allow a financial contribution to be made towards off-site gypsy and traveller provision including the cost of the land in lieu of on-site pitch provision on the Chettiscombe Trust land. However, events had since progressed culminating in approval of an outline planning consent with signed S106. Condition 18 required a gypsy and traveller pitch scheme including details of the location of the pitches on site.
The triggers now proposed were not a relaxation or avoidance of gypsy and traveller pitch provision. The change represented a change in terms of the delivery of the pitches in relation to the number of houses. Seeking the delivery of the gypsy and traveller pitches at the 300th dwelling instead of the 260th dwelling remains policy compliant. A traveller pitch scheme for the 3 pitches continued to be worked up at the location identified within the Adopted Masterplan SPD. The site currently identified within the Adopted Masterplan made provision for 3 pitches. MDDC planning department were not seeking to fit both Chettiscombe Trusts and Waddeton parks allocation at this location.
The location identified within the Adopted Masterplan complied with the NPPF and had been endorsed through the adoption of the Local Plan as a suitable site –deemed suitable and deliverable whilst meeting a presumption in ... view the full minutes text for item 78.
APPLICATION 17/00445/FULL - INSTALLATION OF 16 GROUND MOUNTED SOLAR PHOTOVOLTAIC PANELS WITH WIRE STOCK PROOF FENCING - LAND AND BUILDINGS AT NGR 289905 122292 (FORD FARM) OAKFORD DEVON (2-27-00) PDF 137 KB
To consider a report of the Head of Planning, Economy and Regeneration regarding this application.
The Committee had before it a report of the Head of Planning and Regeneration regarding the above application.
The Area Planning Officer outlined the contents of the report highlighting by way of presentation the site location plan for the proposed panels, the aerial view of the site, the block plan and elevation plans of the panels and Members viewed photographs taken from various aspects of the site.
Consideration was given to the site being well screened.
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 R L Stanley)
(i) Cllrs B A Moore and R L Stanley spoke as Ward Members;
(ii) Cllr J M Downes requested that his abstention from voting be recorded;
(iii) The following late information was provided: Within the ‘proposed development’ section of the agenda report the sentence that begins on the fifth line should read: The array would be approximately 2.5m high and approximately 8m long. The panels would be mounted on a timber frame and there would be approximately 825mm clearance between the ground and the bottom edge of the panels.
(iv) *Report previously circulated copy attached to signed minutes.