To consider a report of the Head of Planning, Economy and Regeneration with regard to the above application.
The Committee had before it a report of the Head of Planning, Economy and Regeneration regarding the above application.
The Planning Officer provided the following responses to public questions:
· An overview of the siting and size of affordable housing
· Environmental Health had raised no concerns
· Officers felt that affordable housing was distributed throughout the development
· There had been extensive public consultation through the master planning and planning process
· Early consultation with the Design Review Panel was sought
· Outline applications were illustrative and defined reserved matters applications determined the final design
· There was a minimum separation standard between detached properties
· The applicant had complied with centre to edge principles
· South of Blundells Road was identified a residential core area in the Tiverton EUE Design Guide
· The Neighbourhood hub had been developed through the emerging application process and within the Adopted Masterplan SPD and Tiverton EUE Design Guide centre to edge principles
· The buffer strip would have restricted access
· There was no requirement for a 5 metre buffer within the Adopted Masterplan SPD or Tiverton EUE Design Guide
· The pressure upon Officers was to gain a decision within statutory time frames; within a timely manner
The Officer then provided Members with an overview of the reserved matters application by way of a presentation which highlighted the site location plan, the Tiverton EUE illustrative framework plan, aerial view, character area plans, planning layout, detailed landscape plans, land ownership plan, storey heights plan and photographs of the site.
She explained that the reserved matters proposal included a softer landscape, changes to building types, a buffer strip and detailed landscape plan which were recommendations of the Design Review Panel which met on 9th June 2021.
Consideration was given to:
· The applicant had tried to identify different character areas including a neighbourhood hub
· Justification for smaller flats had been identified in the Housing Needs Survey and was not a reserved matters consideration
· The flats fitted in with the different character areas
· Maintenance of shared areas would be by a management company
· A 5 metre buffer zone was not established or a requirement in the EUE masterplan and would be assessed on a site by site basis
· Approval of the Urban Design and Architectural Principles document had been delegated to the Head of Planning, Economy and Regeneration
· Confirmation from the DCC Highways Officer that there was no Highways Policy which determined there had to be two accesses onto a site if over a certain number of units and that they were content with the layout of the first part of the development
· Concerns of Members that there was no leisure space on the north side of Blundells Road or safe crossing areas
· The views of the objector who felt that the officer had not answered all of the public questions, the master plan had turned into fiction, there had been no recognition of the visual impact and that TPO’s had not been protected
· The view of the agent who stated that Redrow had an agreement with Chettiscombe Estate to complete this phase of the EUE, that they were a high quality builder, the application reflected the EUE master plan and local policies and design guide
· The view of the Town Council who stated that they felt the infrastructure should be in place before work began, there were concerns with the types of properties proposed, the lack of recreation facilities and highways concerns. That gas boilers were now redundant and every property should have an electric car charging point
· The view of the Ward Members who felt that there was a previous commitment to a 5 metre buffer zone and concerns about the length of any agreements to maintain the green zones. That they did not agree with the 3 storey houses and the proposal failed to comply with the EUE masterplan. That there were concerns with flooding and environmental risks and there were not sufficient electric car charging points
· The views of Members who had concerns about the size of houses proposed and density of the scheme
· The views of Members that further public consultation on the reserved matters application should be sought
It was therefore RESOLVED that:
The decision on the application be deferred and that delegated authority be given to the Head of Planning, Economy and Regeneration, in conjunction with Members of the Planning Committee to renegotiate with the developer with regard to the appearance, scale, characteristics, design and density of the scheme.
(Proposed by Cllr L J Cruwys and seconded by Cllr R Dolley)
Reason for the decision: No decision was made and the determination was deferred
i.) Cllrs G Barnell, S J Clist, L J Cruwys, Mrs C P Daw, R J Dolley, C J Eginton, P J Heal, F W Letch 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.) Cllr D J Knowles declared a personal interest as may of the objectors were known to him
iii.) Paul Elstone spoke as the objector
iv.) Russel Smith spoke as the applicant
v.) Cllr P Hill spoke on behalf of the Town Council
vi.) Cllr D J Knowles spoke as the Ward Member
vii.) Cllr N Davey provided a statement as Ward Member which was read out by the Chairman
viii.) The following late information was provided:
1 21/00454/MARM - Reserved Matters (appearance, landscaping, layout and scale) for 166 dwellings with the provision of public open space, vehicular and pedestrian access, landscaping, drainage and related infrastructure and engineering works following Outline approval 14/00881/MOUT - Land East of Tiverton, South of A361, and Both North and South of Blundells Road Uplowman Road Tiverton.
26 July 2021
1. Lead Local Flood Authority – 16 July 2021
The Lead Local Flood Authority (LLFA) object to this planning application because as it does not satisfactorily conform to Policy S9/DM1 of Mid Devon District Council's Local Plan 2013 to 2033 (Adopted 2020), which requires developments to include sustainable drainage systems. The applicant will therefore be required to submit additional information in order to demonstrate that all aspects of the proposed surface water drainage management system have been considered.
Following my previous consultation response FRM/MD/00454/2021, dated 07.04.21, the applicant has submitted additional information in relation to the surface water drainage aspects of the above planning application, for which I am grateful.
• Drainage Strategy Sheet 1 15255-HYD-XX-XX-DR-C-1600 P06
• Drainage Strategy Sheet 2 15255-HYD-XX-XX-DR-C-1601 P06
• Drainage Statement R402 FN05 Rev A
The above information answers queries raised in my previous response however the submitted information raised further queries.
The applicant should explain where the storage features identified as s14 and s30 within the Micro Drainage Model for the central catchment are located within the Surface Water Drainage Masterplan R402/06 Rev D. According to the model outputs these features are upstream of basins C1A and C1B but it is unclear where they are located.
Only one soakaway test is located in the southern area which is not sufficient coverage for a reserved matters application and is not line with BRE365 Soakaway Design. The LLFA require more coverage of the area of the site proposing soakaways due to the variable nature of the geology and the tests should be undertaken at the proposed depth of the soakaway. The applicant should also submit the calculations for the soakaways for review.
Lead Local Flood Authority – 22 July 2021
Our objection is withdrawn and we have no in-principle objections to the above planning application.
Following the previous consultation response FRM/MD/00454/2021, dated 16.07.2021, the applicant has provided additional information in relation to the surface water drainage aspects of the above planning application, in an e-mail dated 20/07/2021, for which I am grateful.
• Residential Drainage Statement RN402 FN05 Rev B
Due to the results of the recent site investigation which reported slower infiltration rates and elevated groundwater levels, the drainage strategy has changed to a solely attenuated strategy. All the runoff from the central catchment will now be attenuated within basins C1B and C1A. The applicant has submitted updated Micro Drainage model inputs which indicate that the basins have capacity to accept this additional runoff whilst restricting flows to the Qbar greenfield runoff rate as approved at the outline stage of planning.
Objection removed. The development proposal will be a solely attenuated strategy. All the runoff from the central catchment will be attenuated within basins C1B and C1A. Micro Drainage model inputs indicate that the basins have capacity whilst restricting flows to the Qbar greenfield runoff rates as approved at the outline stage of planning.
2. Tiverton Civic Society – 19 July 2021
Main issues including:
a) Lack of consultation, by the applicant, with local residents and stakeholders on Blundell’s Road, the wider Post Hill area, Uplowman Road and West Manley Lane.
b) More consideration is required in the design, as confirmed by the Design Review Panel, to introduce more design features and materials evident in the local vernacular. The design represents a relentless form of similar-feel areas.
Please refer to Committee report Para. 9.1 confirming that some public consultation was undertaken by the applicant and Para. 3.11 relating to building design.
3. Historic England – 19 July 2021
4. South West Water – 23 July 2021
Clean Potable Water
South West Water is able to provide clean potable water services from the existing public water main for the above proposal. The practical point of connection will be determined by the diameter of the connecting pipework being no larger than the diameter of the company’s existing network.
Foul Sewerage Services
South West Water is able to provide foul sewerage services from the existing public foul or combined sewer in the vicinity of the site. The practical point of connection will be determined by the diameter of the connecting pipework being no larger than the diameter of the company’s existing network.
Surface Water facilities
The proposed surface water disposal for this development to a surface water ditch at an
attenuated rate) is an acceptable method of disposal.
5. Tiverton Town Council – 20 July 2021
For the reasons outlined below Tiverton Town Council are unable to support this application:
a) Area north of Blundell's Road
The road layout precludes any on site access to the proposed plots immediately adjoining Blundell's Road, although these plots are not part of the present application, by approving the proposed amended plan it would confirm the entrances to those houses to be directly onto Blundell's Road; which the town council strongly opposes. We therefore cannot support this part of the application until it shows a road layout within the phase to serve all the plots there in.
The Tiverton EUE Design Guide establishes the principle of semi-detached dwellings facing Blundell’s Road (page 58) with shared drives encouraged for the those properties fronting Blundell's Road (page 60 Fig 3.26). This is further supported by section A-A (Page 63) that identifies vehicle parking on the frontage of new residential development.
The Committee report, para 2.8 makes reference to contributions towards traffic calming of Blundell’s Road. Traffic calming will result in a change in the character of Blundell’s Road.
An indicative layout of properties fronting Blundell’s Road, whilst outside of the scope of this application, serves to demonstrate how this application can be delivered in accordance with the Tiverton EUE Design Guide.
b) Area south of Blundell's Road
Plots 1-21, whilst described as 21 detached houses are so close with a maximum of 1m between each other, and therefore will appear to the ten present occupiers in Blundell's Road as a terrace. This is considered, as with most of this phase, to be too dense; more space between each house is required.
The minimum width between houses is 1.35m with the wider gaps (up to 4.7m) between plots 11, 12 & 13. All dwellings (Plots 1-21) have hipped roofs which moderates the impact of the roofline and sense of space between dwellings. The southern parcel has a net density of 22dph. This accords with the Adopted Masterplan SPD and Tiverton EUE Design Guide.
c) It is not clear if the 5m green strip between the existing houses and the proposed new houses has been confirmed as part of the plan.
Please refer to Committee report Para. 3.14-3.17 confirming a 1.5-3m buffer strip south of Blundell’s Road. North of Blundell’s Road a minimum 3m buffer strip is provided. Please refer to the Planning Layout, Boundary Enclosures Layout, Land Ownership Plan and Landscape details.
d) The affordable properties do not appear to provide owners the same respect in design and facilities that are afforded to the majority of properties.
Please refer to Committee report Para. 3.11, 3.17 and 3.21 for context as regards to green setting and access to public open space including play and health facilities. The identified need for affordable homes is for smaller households (1& 2 bed). The majority of affordable dwellings therefore provided as terraced or apartment dwellings.
e) Will properties be completed before the 2025 Gas Burner rules come into place?
Phasing plan to be submitted by condition but the greater part of completion likely to be prior to 2025. Please also see Committee report, Para 3.25- 3.30 and Low Emission Strategy. Properties are required to accord with Building Regulations and relevant provisions and proposals to achieve carbon reductions through energy efficiency measures, sustainable design and construction.
f) There seems to be no provision for electric car charging points
Please see Committee Report, Para 3.12. Provision is made for 26 EV charging points equating to 15% (in excess of the Local Plan requirement of 10%).
g) There is a lack of refuse and recycling storage facilities on this plan.
The Refuse Collection Layout shows wheelie bin storage locations and refuse collection points.
h) There are concerns regarding drainage facilities for this amount of housing
Please see point 1 above. The Local Lead Flood Authority have confirmed that drainage facilities are acceptable.
There does not seem to be any provision for a pedestrian crossing on Blundell's Road to accommodate the additional foot traffic generated by this proposal.
The provision of pedestrian crossings on Blundell’s Road lies outside the scope of this application.
j) We feel that the proposed roundabout should be installed as soon as possible and not later in the scheme
The construction of the roundabout on Blundell’s Road lies outside of the scope of this application. Nonetheless, application 20/01787/NMA provides triggers for the delivery of the roundabout.
k) Concerns expressed by both elected members and the public at the growing number of amendments to this proposal.
The amendments that have arisen have sought to respond to comments raised from the Local Planning Authority, consultees, residents and the Design Review Panel. A single change results in the need for multiple plans to be amended each time.
6. RSPB – 6 July
We remain disappointed that the Habitat Assessment and Mitigation Plan remains unchanged as regards to nest box provision
The Habitat Assessment and Mitigation Plan, March 2021 (para 3.3.4) now makes provision for 42 Schweglar Lightweight Type 1A swift boxes, or similar, to be integrated into the walls of new buildings.
7. Objections from a number of individuals, the main points assimilated:
a) Redrow Homes say that because the landowner did not sell the complete parcel of land to them they cannot comply with the Adopted Tiverton EUE Masterplan SPD or Tiverton EUE Design Guide. This creates a damaging precedent.
Please refer to the Committee Report that seeks to set out the details of the appearance, landscaping, layout and scale of the proposed development and its compliance with the Adopted Mid Devon Local Plan 2013-2033, the principles established in the Adopted Masterplan SPD, Tiverton EUE Design Guide, as well as other Adopted Mid Devon Supplementary Planning Documentation and the National Planning Policy Framework.
b) Failure to comply with the Tiverton EUE Masterplan SPD or Design Guide key principle requiring a Centre to Edge housing density. i.e., the lowest densities at the edge and the highest in the centre. Redrow Homes doing the exact reverse and for commercial profit.
Please refer to the Committee report (Para 3.10) that sets out the details of net densities and centre-to-edge concept.
c) Failure to treat young families living in affordable plus the lower priced homes with any level of proper consideration. This as Redrow Homes have located the higher density affordable and low-cost homes immediately adjacent to the Linking Road (The Northern Gateway) exposing these families to far higher levels of noise and pollution than anywhere else on the whole of the Tiverton EUE Development. Similarly, the Nursing home.
For point of reference please refer to the Land Ownership Plan identifying location of affordable housing units north and south of Blundell’s Road.
The means of access and principle of development was approved with outline planning application 14/00881/MOUT. The Environmental Statement submitted at outline planning stage set out the risk of air, noise, odour and light nuisances arising during and after construction with mitigation measures. The Planning Statement and Statement of Community Involvement submitted through this application sets out accordance with the Environmental Statement, Policy DM3 and DM4 of the Adopted Mid Devon Local Plan 2013-2033. Please also refer to Committee report 6.1 – 6.3 regarding air quality.
d) Failure to comply with the requirement to limit the Tiverton EUE visual impact on Key Receptors this in respect of Blundell’s School when placing a 3-story apartment block in a dominant position to the south of Blundell’s Road and with the very minimum of screening. Even the proposed architectural design including roof tile colour further impacting on the 3 story apartment blocks appearance.
Please refer to Committee report Para 3.20 – 3.21 referencing the east bound approach along Blundell’s Road, the setting of West Manley Lane, Blundell’s School and the conservation area including dwellings set back behind a 10m landscape buffer and retention of existing hedgerow and other planting.
e) Failure to provide a 5-meter-wide landscape buffer strip bordering the existing 10 Blundell’s Road South Properties.
Please refer to Committee Report paras 3.14 – 3.17.
f) Failure to provide a 5-meter-wide landscape buffer strip bordering the existing Poole Anthony Drive properties.
Please refer to Committee Report paras 3.14 – 3.17.
g) Failure to provide suitable clearance for trees with TPO’s on them and at the rear of the Blundell’s Road properties which will very likely cause a high degree of friction between the existing and new Redrow Home property owners.
Please refer to Committee Report para 4.4. Also Arboricultural Impact Assessment (March 2021) identifying TPO trees and Detailed Landscape Design – Public Open Space (Sheet 3) for canopy spread and root protection areas.
h) Construction of a wall of 21 houses over 8 meters high immediately backing against the existing 10 Blundells Road South Properties and with the absolute minimum spacing between them.
Please refer Committee Report para 3.22 and Point 4b above.
i) Failure to provide a Children’s Play Area to the north of Blundell’s Road and serving Phases 1A, 1B and 1D of the development.
Please refer to Committee Report para 3.11. Also the Adopted Masterplan SPD Illustrative Framework establishing principle locations for children’s play.
j) Failure to provide suitably sized Communal Amenity Areas for use by Apartment Residents.
Please refer to Committee Report para 3.11
K) Failure to provide a neighbourhood hub of green space on the western side of the linking road at the northern gateway i.e to the north of Blundells Road.
Please refer to Committee Report para 3.21
l) The masterplan calls for sensitivity to be exercised in design and layout in relation to existing properties. Redrow have not acknowledged the existing character of the area. In so doing, they set a precedent for future development in the Posthill, Mayfair and Manley Lane areas.
Please refer to the Committee Report paras 3.1 - 3.13 and 3.18 – 3.24 for principles of development, design and layout and accordance with adopted planning policy and guidance.
m) What provision have Redrow made for accommodating wildlife?
Please refer to Committee Report para 7.4
n) The buffer zone to the rear of three properties (south of Blundell’s Road) is hugely reduced. This is discrimination.
Please refer to Committee Report para 3.14 – 3.17.
o) A 5m buffer was a condition of outline planning approval 14/00881/MOUT
Please refer to Committee Report para 3.14 – 3.17.
p) The provision of a Poynton style roundabout would be inappropriate for the volume and speed of traffic along Blundell’s Road
Please see point 4j above.
P) A hedgebank is identified to the rear of Barnsmead but not on the eastern boundary adjacent to the spine road. How will the property be secured from intruders?
The landscape proposals on the eastern boundary of Barnsmead relate to Application 21/00374/MARM and are outside the scope of this application. However, Officers are aware that the Applicant is in discussion with the occupiers of Barnsmead with an ambition to resolve concerns.
Supporting Information: Updated
Arboricultural Impact Assessment
Committee Report Amendment:
Typo: para 3.15, final sentence: ‘retained’ not ‘remained’.
27 July 2021
• Planning Layout: POST – 21-04-02 Rev F
• External materials Layout: POST-21-04-03 Rev D
• Boundary Enclosures Layout: POST-21-04-04 Rev E
• Storey heights Layout: POST-21-04-05 Rev C
• Refuse Collection: POST-21-04-06 Rev C
• Affordable Housing: POST-21-04-07 Rev C
• Meter Box Location: POST-21-04-08 Rev C
• Land Ownership layout: POST-21-04-09 Rev F
• Parking and EV Charging: POST-21-04-10 Rev D
• Site Location Plan: POST-21-04-01 Rev C
Following Officer feedback from the Planning Committee site visit (22 July 2021) the applicant has introduced further amends, principally to the boundary enclosures and land ownerships plans. Amendments introduced include:
• Adjusted garden boundary to Plots 162 & 163 (north of Blundell’s Road) to provide a deeper landscape buffer adjacent to Poole Anthony Drive – approx. 6m deep; this acknowledging the more direct relationship with existing single storey properties. The Detailed Landscape Design – Public Open Space (Sheet 8 of 8) confirms the retention of the existing hedge and understorey planting with new planted hedge to supplement the existing, along with new meadow rich grassland within the landscaped buffer.
• Enclosure of the landscaped buffers north and south of Blundell’s Road, with secure means of access to prevent unwanted admission and misuse.
• The increased area of land identified as landscape buffer (north of Blundell’s Road) identified for adoption by a Management Company.
• All other revised drawings (detailed above) have been updated for consistency.