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Agenda item

THE PLANS LIST (00-21-09)

To consider the planning applications contained in the list.

 

Minutes:

The Committee considered the applications on the *Plans List

 

Note: *List previously circulated and attached to the minutes

 

Applications dealt with without debate.

 

In accordance with its agreed procedure the Committee identified those applications contained in the Plans List which could be dealt with without debate.

 

RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:

 

a)    Application 21/02289/CLP –Certificate of lawfulness for the proposed erection of a single storey rear extension at 79 Queensway, Tiverton be approved as recommended by the Interim Development Management Manager.

 

(Proposed by the Chairman)

 

Reason for the decision: As set out in the report

 

b)     Application 21/01879/FULL – Change of use of storage area to outdoor seating area for host visitors for tastings and similar activities and erection of bar/shed – Exe Valley Brewery, Land Farm, Silverton

 

The Planning Officer presented updates to his report stating that an additional letter from the objector had been received with regard to the 2017 planning permission for the site and he confirmed that the planning permission was for the land and that permission was granted.  He also confirmed the reason for the call in and that an amendment to Condition 3 had been proposed.

 

The Officer then answered questions posed in Public Question Time, stating that the access lane had been considered, there had been no objection from the Highways Authority, there were no grounds for refusal as this was an existing brewery, with regard to ownership, any application stayed with the land and the right amount of notice had been given, the land and the brewery had operated since 1980, it was an established business and this would have been known by the objector when he purchased his property.  The issue of amenity had been addressed within the report, conditions had been put in place and he reminded the meeting that the permission would be temporary.

 

He then outlined the contents of the report by way of presentation highlighting the site location plan, a block plan, floor plans, elevations, the fencing screen, the supporting information and photographs from various aspects of the site.  He confirmed that the business had operated since the 1980’s, Policy DM18 did support expansion of the business and the impact on the neighbouring property had been considered.

 

 

Consideration was given to:

 

·         Whether the application conflicted with Policy DM5

·         Whether further consideration of the application should have been considered by the Highway Authority

·         Parking arrangements on the site and the nature of the events that were being proposed

·         Highway issues with regard to the Open Days that had and would take place

·         The number of events that could take place without permission on an annual basis

·         The views of the objector with regard to the impact of the proposal on his property, the lack of shelter proposed if it rained, noise, smells, disruption, the number of people in attendance, loss of privacy and amenity, parking issues and the fact that there was no space for additional parking

·         The views of the applicant with regard to the fact that the brewery had been on the site for 37 years, it was a much loved community asset which had always offered tasting and talks and that the planned garden space would allow her to expand this; tasting events would be by appointment, some additional space was available for parking and that operating hours would be limited.  Open days would take place at the most twice a year and locals walked to the event or a minibus was provided

·         The views of the Ward Member referring to whether there was an impact on the neighbouring property, the brewery premises had existed for many years, the applicant wished to expand her business and whether such an expansion was unreasonable in terms of scale and the consequent impact on the neighbour

·         How the temporary permission would be assessed with regard to the number of people attending events

·         The period of the proposed temporary permission and the proposed opening hours

 

RESOLVED that a temporary permission be granted subject to conditions as recommended by the Interim Development Management Manager subject to an amendment to Condition 3 to read that:  The planning permission hereby granted shall be limited to a period of 18 months starting from the date in which the use is first commenced. After which the use of the land shall cease and be reinstated to an area used for storage for the brewery only.

 

(Proposed by Cllr Mrs F J Colthorpe and seconded by Cllr S J Clist)

 

Reason for the decision: as set out in the report

 

Notes:

 

i)             Declarations of interest were reported as set out in Minute 133;

ii)            Mr Donovan spoke in objection to the application;

iii)           Ms Wright spoke as the applicant;

iv)           Cllr R M Deed spoke as Ward Member;

v)            Cllr R J Dolley requested that his abstention from voting be recorded;

vi)           The following late information was provided:

 

22/12/21

Reason for Call in by Cllr R M Deed - ‘Consideration to the impact of the development on the amenity of the neighbouring property’ – this was missing from the report.

 

05/01/22

Condition 3 - The planning permission hereby granted shall be limited to a period of 18 months starting from the date in which the use is first occupied. After which the use of the land shall cease and be reinstated to an area used for storage for the brewery only.

 

Changed to :

 

The planning permission hereby granted shall be limited to a period of 18 months starting from the date in which the use is first commenced. After which the use of the land shall cease and be reinstated to an area used for storage for the brewery only.

 

 

c)     Application 21/01754/MARM – Reserved matters for residential development of 125 dwellings (including 35% affordable housing), with public open space, landscaping and associated infrastructure following outline approval 18/00175/MOUT – land at NGR 303288 110467 Adj to Meadow Park, Silver Street, Willand

 

The Principal Housing Enabling & Forward Planning Officer, outlined the contents of the report providing some background into applications on the site including: the outline application that had been granted at appeal in 2019, the conditions already attached to that permission, the separate planning permission granted for the vehicular access and the current reserved matters application alongside the discharge of the outline conditions.  He highlighted that the reserved matters application and the discharge of conditions from the outline permission were intertwined but were separate.

 

He then provided the meeting with a presentation which highlighted: the site location plan, an aerial view of the site, the proposed block plan, building heights proposed across the development, the affordable housing distribution plan, the landscape strategy, street scenes, proposed play areas and photographs from various aspects of the site.

 

Referring to questions asked in public question time, he stated that with regard to the S106 monies – a unilateral undertaking had been signed, all the obligations and conditions had been retained.  With regard to the net zero target and addressing climate change in main standards, the development would need to comply with building regulations. With regard to the housing being for lifetime use, 27 of the 125 dwellings met accessibility standards.  With regard to tree planting and the advice of the Woodland Trust, the detail was in the report and related to Condition 7 of the outline application which had been discharged.

 

Consideration was given to:

 

·         The views of the applicant with regard to the contents of the reserved matters application for 125 dwellings, public open space, landscaping, play areas and 35% affordable housing.  The application complied with the terms of the outline permission and a set of conditions had been discharged.  She highlighted the pedestrian cycle way, the designated footpath, car parking provision and vehicle charging points.  She noted the concerns of the Parish Council, the proposed drainage was in line with the flood risk assessment and the tree planting had been agreed by the arboricultural officer.  Financial obligations would be met.

·         The views of the Parish Council with regard to the concerns as to whether the financial obligations would be paid prior to commencement of the development.  The road entrance off Meadow Park did not look like a temporary measure, but a permanent access and whether S56 should come into force and that the S106 monies should be collected by the Local Planning Authority.

·         Concerns by Members of the committee with regard to the  TPO’s, the loss of oak trees

·         The amount of affordable housing

·         The outline appeal decision for a maximum of 125 dwellings on the site; the number of documents that had been added to the portal with regard to the reserved matters application and the outline application (discharge of conditions) and whether Members of the committee had all the relevant information before them on highways issues, tree planting on verges, footpath improvements and tandem parking for 88 of the houses

·         How the arboricultural officer graded the trees

·         The number of conditions within the outline permission that had been discharged

·         Who would be responsible for the play areas and their maintenance

·         The Tree Preservation Orders on the site

·         Whether the planting of established trees could be conditioned

 

RESOLVED that planning permission be granted subject to conditions as recommended by the Interim Development Management Manager with discussions to take place in advance with the applicant with a view to seeking to ensure that the landscaping details included trees which are more mature than just saplings.

 

(Proposed by Cllr Mrs F J Colthorpe and seconded by the Chairman)

 

Reason for the decision: as set out in the report

 

Notes:

 

i)             Declarations of interest were reported as set out in Minute 133;

ii)            Ms Taylor (applicant) spoke;

iii)           Cllr Grantham spoke on behalf of Willand Parish Council

iv)           Cllrs S J Clist and B G J Warren requested that their abstention from voting be recorded.

 

 

 

 

Supporting documents: