To consider a report of the Head of Planning Economy and Regeneration with regard to this application.
Minutes:
The Committee had before it a * report of the Head of Planning, Economy and Regeneration considering recent material considerations to the above planning application in order for Members to confirm whether the resolution made by Members of the Planning Committee on the 19th September 2018, which was for planning permission to be granted subject the prior signing of a S106 agreement, remained the same. In addition to this, to consider revisions to the wording of two of the Heads of Terms of the S106 agreement and the associated S106 implications from these proposed revisions.
The Area Team Leader provided an overview of the site by way of a presentation and explained the reasons for the report.
He explained that with the adoption of the Local Plan the site at Pedlerspool off Exhibition Road was now an allocated site under Policy CRE5 which added weight to the proposal and that the S106 contributions were subject to a viability appraisal.
He informed Members that they needed to consider an objection recently received from the Devon Gardens Trust on the 30th April 2020 noting that the Council did not consult the Devon Gardens Trust on the above application as is required for a statutory consultee given that the application affects the setting of Shobrooke Park and Creedy Park, both of which are historic designed landscapes of national importance.
In response to the objection received the officer explained that during the consultation process Members did consider the views of Sandford Parish Council, Upton Hellions Parish Meeting and Historic England. Consideration had been given to the heritage assets and Historic England had raised no objections to the proposals.
With regard to Heads of Terms 2 relating to the provision of 5 pitches for the Gypsy and Traveller community. The Area Team Leader explained that further to ongoing discussions with the applicant, the proposed change to the wording within the Heads of Terms was to finalise the trigger points for delivery and mechanisms to ensure delivery either provided by a registered provider or for the applicant to provide to the Council for a nominal fee of £1 to provide a site with fully laid out pitches for use by Gypsy and Traveller Community.
With regard to Heads of Terms 4 relating to the safeguarding of a site for Crediton Rugby Football Club, the officer explained that further to ongoing discussions with the applicant and the Rugby Club, in order to safeguard the site for the rugby club relocation, a timeframe of 10 years following the commencement of development on site had been agreed to. This was in order to allow for the rugby club to work on an application to obtain outline planning permission for residential development on their current site, which would allow for the finances to purchase the site at Pedlerspool for a fixed recreation land value and to submit an application for a new clubhouse and playing facilities. Therefore the revisions to the wording for this Head of Term, including correction to the fact that the price of the land allocated for the relocation of the rugby club site would not be fixed, were considered to be acceptable as this inclusion takes into account the legal advice received over the interpretation of policy.
Consideration was given to:
· The adoption of the Local Plan and that this was now an allocated site
· The percentage of affordable housing proposed
· Safeguarding of the Primary School and that Devon County Council were party to the S106 agreement
· Traffic assessments previously completed
· The views of the agent who stated that the S106 contributions included over £2 million in financial contributions, affordable housing provision; sites for the rugby club, school and gypsy and travellers pitches; improvements to highway and the rights of way network; open space; and importantly, delivery of one of the Council’s allocations in its recently adopted Local Plan.
· The views of the Ward Member who had concerns about the revised timeframes for the Rugby Club
· The views of the Ward Member with regard to Sports England conditions and the highways contribution to a cycleway to Upton Hellions
RESOLVED:
a) That the previous resolution to approve subject to the signing of a s106 agreement with amendments as previously agreed be reaffirmed and the planning application determined on this basis, including the revisions to the s106 agreement as set out in paragraph 3.1 be agreed and a S106 agreement be entered into in line with the proposed revisions; and
b) That delegated authority be given to the Head of Planning, Economy and Regeneration in consultation with Chairman and Vice Chairman of the Planning Committee and local Ward Members to allow minor changes to wording of planning conditions as reported within the committee report to allow for a phased approach to development across the site be confirmed
(Proposed by the Chairman)
Reasons for decision – as outlined above
Notes:
i.) Cllrs Mrs F J Colthorpe, G Barnell, Mrs C P Daw, L J Cruwys, S J Clist, 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 with planning matters as they had received correspondence from objectors
ii.) Cllrs Mrs M E Squires and Ms E Wainwright spoke as Ward Members
iii.) Cllr F W Letch requested that his vote against the decision be recorded
iv.) Cllr G Barnell requested that his abstention from the vote be recorded
v.) *report previously circulated and attached to the minutes
vi.) The following late information was provided via the update sheet:
Correction in Paragraph 3.3 (Page 71 of report)
Through discussions with the applicant and Crediton Rugby Club, the price for the Rugby Club site is not to be fixed but will be agreed at the time of transfer based on an open market valuation.
Supporting documents: