To consider the planning applications contained in the list.
Minutes:
The Committee considered the applications in the Plans List *.
Note: * List previously circulated; copy attached to the signed Minutes.
(a) No 1 on the Plans List (14/01949/MFUL - Change of use of land from agriculture to the installation and operation of a solar PV park to generate up to 5MW of power (site area 12.26 hectares) to include associated infrastructure (Revised Scheme) at Land at NGR 302663 109953 (Stoneshill Farm), Willand Road, Cullompton.)
The Area Planning Officer outlined the contents of the report * by way of presentation of the application drawings and showing a number of photographs from different angles around the site. She informed those present that a site visit by the Committee had taken place the previous day. She referred Members to the update sheet which informed them that a revised site layout had just been received following objections raised by the Environment Agency. This had removed panels from the flood plain area. The Environment Agency were happy in principle with the new drainage proposal which proposed the provision of a number of bunded swales across the site and drainage pipes located on the downslope of each swale. As a result of this she stated that the second reason for refusal contained with the officer report had now been withdrawn.
Discussion took place with regard to:
· The question was raised as to whether policy COR10 dealing with strategic transport networks should have been listed within the report? The Head of Planning and Regeneration stated that she did not feel the proposal would compromise the function on the mainline railway and this could not be used as a reason for refusal.
· If approved every access into the village would have a view of a solar farm.
· There was a lot of public support for this application especially given the landowner no longer had a shop to generate income.
· The site visit had shown how visible the site was and there was a concern regarding cumulative effect given the proximity of two further solar PV parks in the vicinity.
· The visibility and impact of the development from the B3181 road adjacent to the proposed site
RESOLVED that planning permission for this application be refused for the following reasons:
1. The proposed solar PV arrays would be installed on grade 3a agricultural land, classed as being the Best and Most Versatile. In the opinion of the Local Planning Authority the proposal would take the land out of arable production for the 25 year duration of the proposal and insufficient evidence has been provided to demonstrate that there is no other land of lesser agricultural quality which is available and suitable for the proposed installation. The applicant's submitted sequential analysis is insufficient for this purpose as it only considers sites within close proximity to the proposed grid connection point and not potential sites further afield. The Local Planning Authority cannot be satisfied that the development is directed to the most appropriate parcel of land. It is considered that the harm caused by the loss of the Grade 3a land for arable purposes outweighs the benefits of the proposal in respect of its contribution toward renewable energy production and it is therefore contrary to policy DM5 of the Local Plan Part 3 (Development Management Policies), the National Planning Policy Framework and the government's published Planning Practice Guidance.
2. In the opinion of the local Planning Authority due to the scale, design and siting of the proposed solar PV installation the development is likely to have a significant adverse impact on the visual amenity of the surrounding area. There are both short and middle distance views of the site from the surrounding area which would be altered as a result of the solar PV development to the detriment of the visual quality of the area. The application is considered contrary to policies COR2 and COR5 of the Mid Devon Core Strategy 2007 (Local Plan Part 1), policies DM2 and DM5 of the Local Plan Part 3 (Development Management policies) and the National Planning Policy Framework and governments published planning practice guidance.
3. The proposed scheme by reason of its prominent location close to one of the main approach roads to Willand, in combination with other solar schemes also on other main approaches to the village is considered to have an unacceptable cumulative impact upon the character of the area contrary to policies COR2 and COR5 of the Mid Devon Core Strategy 2007 (Local Plan Part 1), policies DM2 and DM5 of the Local Plan Part 3 (Development Management policies) and the National Planning Policy Framework and the Governments published planning practice guidance.
(Proposed by Cllr Mrs D L Brandon and seconded by Cllr K D Wilson)
Notes:
i. Cllrs: Mrs H Bainbridge, M D Binks, D L Brandon, Mrs F J Colthorpe, J M Downes, A V G Griffiths, P J Heal, Mrs L J Holloway, D J Knowles, E G Luxton, R F Radford, J D Squire, Mrs M E Squires, R L Stanley and K D Wilson made declarations in accordance with the Protocol of Good Practice for Councillors in dealing with planning matters as they had received correspondence regarding this application.
ii. Cllr Mrs D L Brandon declared a personal interest in that she had had a meeting with the applicant and knew the landowner.
iii. Cllr K D Wilson declared a personal interest in that he had had a meeting with a representative of the applicant.
iv. Mr Bell (Applicant) spoke;
v. Cllr Ursell (Willand Parish Council) spoke;
vi. Ward Members, Cllrs Mrs D L Brandon and R J Chesterton spoke;
vii. The following late information was reported:
Revised flood risk assessment received including a drainage strategy proposing the provision of a number of bunded swales across the site and drainage pipes located on the downslope side of each swale.
17th April 2015
Further response from Environment Agency received 15th April, as follows:
We object to the application
unless it can be revised to preclude the provision of PV units,
Control Rooms etc, within the area of
floodplain as shown coloured in blue on the attached/enclosed plan.
Whilst the last sentence of page 7 of the applicants Flood Risk
Assessment in effect states the above we draw to your
authority’s attention the fact that drawing 4652-501 Rev
–, within Appendix 5 of the FRA, shows otherwise.
It is imperative that the
floodplain, which is currently typically undeveloped, remains both
clear of obstructions to flow and is not raised given there are
properties at risk of flooding at Five Bridges.
Our advice is consistent with
the National Planning Policy Framework in particular from the
Sequential Test perspective.
With regard to surface water runoff we support the proposed
provision of swales.
2 further letters of objection received raising no new issues to those already listed on the committee report.
17th April 2015
Further revised Flood Risk Assessment received from the applicants, seeking to address the comments of the Environment Agency.
21st April 2015
We can withdraw our objection providing development proceeds in accordance with the revised FRA and the layout shown on Figure 5 ‘Proposed Site Plan’ (page 17 of the April 2015 FRA by ambiental). It is important that ground levels within Flood Zone 3 and 2 not being raised.
22nd April 2015
The Environment Agency’s withdrawal of their objection is on the basis of a revised site layout being received, which removes development from within flood zones 2 and 3. However, the submitted drainage strategy layout still includes the provision of panels in this location. Nevertheless, on the basis that the Environment Agency do not object to the scheme as shown on the submitted site layout and are happy with the measures set out in the drainage strategy (save for the fact that the plan still includes panels in FZ 2 &3) it is considered that in the event of an approval, this matter could be dealt with by condition. Accordingly, it is no longer recommended that reason for refusal 2 be included.
(b)No 2 on the Plans List (14/02134/FULL – Erection of a dwelling (Revised Scheme) at Land at NGR 266113 109805 (Adj Paddons Farm), Wembworthy, Devon).
The Head of Planning and Regeneration outlined the contents of the report * informing Members that whilst planning permission had been granted twenty four years ago very different planning policies were now in existence, there was no longer an infill policy and Wembworthy was no longer recognised as a settlement within the current Development Plan. In the officers view there was no special justification for allowing this development in the countryside.
Discussion took place with regard to:
· Policy 55 in the National Planning Policy Framework stating that development in the open countryside needed to demonstrate exceptional circumstances.
· The fact that there had been recent development adjacent to and opposite the application site.
· If planning permission was allowed a precedent could be set.
· Whether there could be leniency and whether each application could be judged on an individual basis, however, it was stated that there was a very strong policy presumption against the application.
RESOLVED that planning permission for this application be refused for the following reason:
The site is located in the countryside where policies and in particular paragraph 55 of the National Planning Policy Framework seek to avoid new homes in the countryside unless there are special circumstances. The application has not addressed and does not meet the requirements of Policies DM10 or paragraph 55 of the National Planning Policy Framework which allow for limited development where it meets strict criteria. The building is not required for an essential rural worker. In the opinion of the Local Planning Authority the proposal is therefore for the erection of a new dwelling for which no special circumstances exist that would override the policy objection. As such the proposal is considered to be contrary to Policy COR18 of the Mid Devon Core Strategy (Local Plan Part 1) and Government guidance in the National Planning Policy Framework.
(Proposed by the Chairman)
Vote 8 for: 5 against
Notes:
i. Mr Fowler (the Applicant) spoke;
ii. A proposal to grant planning permission was not supported.
iii. Cllrs A V G Griffiths and R L Stanley requested that their abstention from voting be recorded.
(c) No 3 on the Plans List (15/00317/FULL – Conversion of public toilets to commercial, retail and office space (Revised Scheme) at Public Conveniences, Lowman Green, Tiverton).
The Area Planning Officer outlined the contents of the report * stating that initial concerns had been related to flood risk, however, this had been assessed and mitigating measures designed to minimise flood risk.
Discussion took place with regard to:
· Policy DM2 which related to ‘good quality design’, it was questioned whether the public convenience fell into this category.
· The site location which was considered to be suitable for proposed retail and/or office use.
· The need for public toilets in the town especially at the weekends in the evening.
· The building was not at this stage going to be sold but would be let out.
RESOLVED that planning permission for this application be granted subject to conditions as stated in the report.
(Proposed by Cllr L J Holloway and seconded by Cllr M D Binks)
Notes:
i. Cllr R L Stanley declared a personal interest in that he was Cabinet Member for Housing and conversion of the public toilets would have an impact on the Housing Revenue Account. He stated that he would not be voting in relation to this application.
ii. Cllr K D Wilson declared a personal interest as he had been electronically corresponding with the objectors.
iii. Cllrs A V G Griffiths, D J Knowles and K D Wilson requested that their votes against the decision be recorded.
iv. The following late information was reported:
17th April 2015
Further details in respect of flood risk have been received including details of flood prevention, resilience and safety measures to be incorporated into the building and details of previous flood levels, as requested by the Environment Agency. The plans have also been amended to include a door on the south elevation to provide a safer escape route to higher ground in the event of flooding, also has requested by the Environment Agency.
The Environment Agency has been re-consulted and their response is expected before Planning Committee. Members will be updated further on this.
21st April 2015
Environment Agency consultation response
We have no objections to the proposal.
Having received additional
survey of historic flood levels, and the proposed use of flood
resistant measures, i.e. flood gates, non-return valves
etc, and installation of new door
adjacent Lowman Green Bridge, we can advise that the proposed
change of use as now detailed aligns with guidance and policy as
contained within the National Planning Policy Framework. It is
pleasing that measures to reduce the risk of internal flooding
occurring will be implemented as they will help reduce
the potential for damage and disruption to the new business from
occurring.
We reiterate our comments that the tenants of the building should register to the Environment Agencies flood warning service. Details of how to register can be found on the GOV.UK web site.
Supporting documents: