Agenda item

The above application was considered at committee on 2nd March 2022, members resolved to recommend approval subject to;

i)          A legal agreement with DCC to secure the education contribution of £17,097 towards primary education infrastructure;

ii)         Delegated authority being given to the Interim Development Management Manager to request of the applicant amendments to Conditions 5, 6, 7 and 8 to remove the wording ‘prior to first occupation’ and replace with the wording ‘prior to work commencing’. Should such a proposal not be agreed by the applicant, then the application return to the next available committee meeting for further consideration.

The application is being bought back to committee in order to provide clarification as to when a change of use application is likely to be required, should the C3 use be granted. The Interim Development Management Manager will provide verbal clarification on this matter at the meeting.

In light of the concerns raised by members in respect of the details required by conditions 5-8, further information in relation to landscaping, cycle storage, refuse storage and parking layouts are expected to be received in advance of the meeting. A further update will be provided on this as part of the written update sheet to members.

The Committee had before it a *report of the Interim Development Management Manager presenting further information for application 21/02113/FULL - NEWCOMBES SURGERY, CLIFFORD GARDENS, CREDITON.

The Interim Development Management Manager explained that the application had been approved by the Committee at its meeting on 2^nd March 2022 and she was bringing it back to clarify the legislation and some further information received.

The Officer clarified that in some instances domestic dwellings could revert to C3 use without a further change of use permission required. She also confirmed that the applicant had provided a landscaping plan which included refuse storage and cycle provision. These additions were provided to Members by way of a presentation.

Consideration was given to:

·         The views of the objector who stated that there was a concern with residents that the site could be used for unregulated supported housing without the need to apply for a change of use

·         The objectors request to condition a restriction on use not to allow supported living would be unreasonable in planning terms

It was therefore:

RESOLVED that planning permission be granted subject to conditions as recommended by the Interim Development Management Manager and subject to:

a)            A legal agreement with DCC to secure the education contribution of £17,097 towards primary education infrastructure;

The conditions would be as set out on the update sheet and the works prior to commencing were not required now, as the plans had been received.

(Proposed by Cllr Mrs F J Colthorpe and seconded by Cllr C J Eginton)

Reason for the decision: As set out in the report

Notes:

      i.        Mr Howells spoke in objection to the application;

    ii.        Cllr F W Letch requested that his vote against the decision be recorded;

   iii.        *Report previously circulated and attached to the minutes

   iv.        The following late information was provided:

In light of the concerns raised by members regarding the level of information required by conditions 5-8, additional details have been received (10th March 2022) providing further details in respect of the landscaping proposals, cycle stores, refuse and recycling store and car parking. The additional plans are;

NV SK27 A proposed landscape layout

NV SK28 A proposed cycle stores

NV SK27 A propose recycling store

The additional plans are available on the file and will be added to the presentation should members wish to view these items at the meeting.

The landscape layout demonstrates that the existing trees on the site would be retained, with two new specimen trees provided in the garden to the east of the building (1 x Cherry Blossom and 1 x Silver Birch). The gardens would be separated by 1.8m high timber close board fencing. The new hedgerow is proposed to be a mix of beech, purple beech and hazel. It is your officer’s view that the landscaping details are considered to be acceptable, providing a positive contribution to the character and biodiversity of the site. Condition 5 is proposed to be amended (as below) to reflect that suitable details have now been received and to secure the implementation within an appropriate time frame.

Four separate cycle stores (accommodating 4 cycles each) are proposed, the stores for units 1-3 are located at the edge of the parking area as previously indicated. The store for unit 4 is provided within its garden area. The stores are a Dancover Proshed, made of zinc coated steel in Anthracite grey colour. The submitted details confirm that these have double door with a cylinder lock providing each dwelling with a private, secure cycle store area. The details are considered to be acceptable and would not adversely impact the character and appearance of the area. Condition 6 is proposed to be amended (as below) to ensure the facilities are provided in a timely manner.

The proposed bin store is a communal facility providing sufficient space for storage of 2 24 litre wheelie bins per dwelling and two 55 litre recycling boxes above. The store is proposed to be constructed from sawn timber walls and with a grey profiled metal sheet roof, maximum height 2.5m. The submitted details are considered to be acceptable and condition 7 is proposed to be amended accordingly (as below) to ensure the approved facility is provided in a timely manner.

Condition 8 requires details of the allocation of parking spaces to be provided for approval. In light of the increased area given over to cycle storage, 13 parking spaces are now proposed (compared to 14 previously proposed). The submitted landscaping plan demonstrates that 2 spaces would be given over to each dwelling with 5 spaces for use by visitors. The parking provision is still considered to be in excess of the minimum requirements established by DM5 and this proposed layout is considered to be acceptable.  Condition 8 is proposed to be amended accordingly.

The conditions as proposed to be amended are set out below, the reasons for these conditions as previously set out in the officer report and are not proposed to be amended.

5. All planting, seeding, turfing or earth reprofiling comprised in the approved details of landscaping (as shown on drawing number NV SK27 A proposed landscape layout received by the Local Planning Authority on 10th March 2022) shall be carried out within 9 months of the substantial completion of the development, (or phase thereof), and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species. Once provided, the landscaping scheme shall be so retained. The proposed boundary treatments shall be provided in accordance with the approved details prior to occupation of the proposed dwellings and shall be so retained.

6. The cycle stores shall be provided in accordance with the approved details as shown on drawing number NV SK28 A proposed cycle stores (received by the Local Planning Authority on 10th March 2022) and made available for use by residents prior to first occupation of the dwellings hereby approved and retained as such thereafter.

7. Prior to first occupation of any of the dwellings hereby approved the proposed refuse and recycling arrangements shall be provided in accordance with the approved details, as shown on drawing number NVSK27 A and retained as such thereafter.

8. Prior to occupation of any of the dwellings hereby approved the proposed parking shall be laid out in accordance with the approved details and shall be maintained in accordance with the approved plan for the lifetime of the development.