Agenda item

To consider the planning applications contained in the list.

 

The Committee considered the applications in the *Plans List.

 

Note: *List previously circulated and attached to the minutes

 

a)    Application 22/00799/FULL - Change of use from chapel to single dwelling and parking opposite at Yeoford Gospel Hall, Yeoford, Devon.

 

The Principal Planning Officer outlined the application by way of a presentation which highlighted an aerial image, site location plan, a copy of environment agency flood map, existing accommodation and floor plans, proposed floor plans and elevations and photographs of the site.

 

Consideration was given to:

 

·         The officer recommendation for refusal was due to insufficient evidence being provided by the applicant in relation to economic viability, protected species and biodiversity and flood risk mitigation

·         The last significant flood event was in 1966

·         The views of the applicant who stated that 80 residents were in support of the Chapel to a dwelling, there was no evidence of bats and that the flood risk was not significant based on past events

·         The views of the Parish Council who stated that the Chapel opened in 1901 and was used until 2016, that there were enough community buildings in the village and that the Chapel was no longer required for the community. The Parish Council supported the conversion to a dwelling

·         The views of the Ward Member who disputed the risk of flooding and asked that the application be approved so that the building could be saved for future generations

 

It was therefore RESOLVED that planning permission be granted and delegated authority be given to the Director of Place and/or Development Management Manager to consider a set of conditions with regard to:

 

·         Protected species and biodiversity

·         Flood risk management plan

 

 (Proposed by Cllr L J Cruwys and seconded by F W Letch)

 

Reason for the decision: The application broadly complied with policy DM1 and supporting evidence from the Parish Council and Ward Member confirmed that the Church had not been used since 2017. The village was well supported with community buildings and on that basis it was considered that Planning Permission be granted, subject to conditions. It was felt that the flood risk had been overstated.

 

Notes:

 

·         Cllr P J Heal requested that his vote against the decision be recorded

·         Cllr F W Letch made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as the property was in his County Ward and he had visited the site

·         Cllr P J Heal made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he had received correspondence

·         John Shelley spoke as the applicant

·         Cllr Edna Beasley spoke on behalf of Yeoford Parish Council

 

b)   Application 22/01182/MARM - Reserved Matters for appearance, scale, layout and landscaping for the erection of 41 dwellings and formation of vehicular access following Outline permission 16/01707/MOUT at Land at NGR  295494 113719, (South Of Lea Road), Tiverton.

 

The Area Team Leader outlined the application by way of a presentation which highlighted the site location plan, aerial images, illustrative outline plan, proposed layout, street scenes, cross sections, landscaping plan, parking plan, refuse plan, plot types and photographs of the site.

 

The officer explained that the developer had updated the number of electric vehicle charging points to provide one for each of the 42 units and that the 10 year landscape management plan had been updated.

 

Consideration was given to:

 

·         That bird box sizes should be agreed with the RSPB

·         A management company would be set up to take over the landscape management plan at the end of 10 years

·         The original 12 affordable units had been removed from the plan by a variation to the S106 agreement which had been agreed by the Committee

·         Schemes of under 50 units did not require the inclusion of designated play areas

·         The stability of the site had been tested at outline stage

·         The views of the agent who stated that a proactive approach had been used, the access point had been approved at outline, amendments had been made to the parking provisions and that there would be an electric vehicle charging point for every parking space

·         The views of Tiverton Town Council who objected to the development as it distracted from the surrounding area, the 3 storey block of flats would dominate and that the offer of 42 electric vehicle charging points came with a caveat that there was enough electricity capacity

 

It was therefore RESOLVED that planning permission be granted subject to conditions as recommended by the Development Management Manager and an amendment to condition 3, 6 and 7 to read:

 

Condition 3

 

The proposed tree planting will need to be afforded suitable aftercare to ensure successful establishment. Tree planting that should be carried out in accordance with best practice following British Standards:

a.    BS: 3882:2015 Specification for topsoil

b.    BS: 3998:2010 Tree work Recommendations

c.    BS: 3936-1:1992 Nursery Stock - Part 1: Specification for trees and shrubs

d.    BS: 4428:1989 Code of practice for general landscaping operations (excluding hard surfaces)

e.    BS: 4043:1989 Recommendations for Transplanting root-balled trees

f.     BS: 5837 (2012) Trees in relation to demolition, design and construction Recommendations

g.    BS: 7370-4:1993 Grounds maintenance part 4. Recommendations for maintenance of soft landscape (other than amenity turf).

h.    BS: 8545:2014 Trees: from nursery to independence in the landscape Recommendations

i.      BS: 8601:2013 Specification for subsoil and requirements for use

 

All proposed tree planting shall be subject to ongoing maintenance which shall be undertaken in full accordance with the submitted Maintenance and Management Plan (MHP 10 YEAR LANDSCAPE MAINTENANCE AND MANAGEMENT PLAN, August 2022), unless any variation is first agreed in writing with the Local Planning Authority.

 

Any trees that are found to be dead, dying, severely damaged or diseased within five years of the completion of the building works or five years of the carrying out of the landscaping scheme (whichever is later), shall be replaced in the next planting season by specimens of similar size and species in the first suitable planting season. Prior to the a expiry of 10 years where dead, dying, severely damaged or diseased trees are to be replaced a review of the tree stock should be carried out by the council with a view to a Tree Preservation Order being placed to ensure long-term protection.

 

Reason:

 

To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990 to safeguard and enhance the amenity of the area, to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality.

 

Condition 6

 

The proposed residential development shall be implemented in accordance with the details submitted for the provision of electric charging points for electric vehicles as shown on the Car and Cycle Parking Strategy Plan (Rev I), as required by Policies S1 and DM5. These facilities shall be provided prior to occupation of each relevant dwelling within the development.

 

Condition 7

 

Prior to the first occupation of each relevant dwelling hereby approved, bat and bird boxes shall be installed in accordance with a scheme which shall previously have been submitted to and approved in writing by the Local Planning Authority. Once installed, the approved measures shall be retained indefinitely. This scheme shall be in accordance with the recommendations outlined within the Ecology Summary, reference 14612_R01_30th May 2022_RR_CW and produced by Tyler Grange which outlines the numbers and types of bird boxes/bat boxes to be integrated into the residential development. The ecology summary outlines the mitigation and enhancement measures which need to be carried out as part of the approved development.

 

(Proposed by the Chairman)

 

Reason for the decision: As set out in the report

 

Notes:

 

·         Cllrs B Holdman and L J Cruwys requested that their votes against the decision be recorded

·         Cllr B G J Warren requested that his abstention from voting be recorded

·         Cllr S J Clist declared a pecuniary interest as there was a family connection to the application. He left during the discussion of the item and did not take part in the vote

·         Cllr B Holdman made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was the Ward Member and a member of Tiverton Town Council Planning Committee

·         Cllr L J Cruwys made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was the Chairman of the Tiverton Town Council Planning Committee

·         The agent Andrew Ross spoke

·         Cllr Paul Elstone spoke on behalf of Tiverton Town Council

·         The following late information was received:

 

02.09.2022

Following the submission of a 10 Year Landscape Maintenance and Management Plan by the applicant, the Council’s Arboricultural Officer has confirmed that this is acceptable. As such it is proposed to amend condition 3 so that the landscaping is maintained in accordance with this plan, so the condition would read as follows:

 

3. The proposed tree planting will need to be afforded suitable aftercare to ensure successful establishment. Tree planting that should be carried out in accordance with best practice following British Standards:

a. BS: 3882:2015 Specification for topsoil

b. BS: 3998:2010 Tree work Recommendations

c. BS: 3936-1:1992 Nursery Stock - Part 1: Specification for trees and shrubs

d. BS: 4428:1989 Code of practice for general landscaping operations (excluding hard surfaces)

e. BS: 4043:1989 Recommendations for Transplanting root-balled trees

f. BS: 5837 (2012) Trees in relation to demolition, design and construction Recommendations

g. BS: 7370-4:1993 Grounds maintenance part 4. Recommendations for maintenance of soft landscape (other than amenity turf).

h. BS: 8545:2014 Trees: from nursery to independence in the landscape Recommendations

i. BS: 8601:2013 Specification for subsoil and requirements for use

 

All proposed tree planting shall be subject to ongoing maintenance which shall be undertaken in full accordance with the submitted Maintenance and Management Plan (MHP 10 YEAR LANDSCAPE MAINTENANCE AND MANAGEMENT PLAN, August 2022), unless any variation is first agreed in writing with the Local Planning Authority.

 

Any trees that are found to be dead, dying, severely damaged or diseased within five years of the completion of the building works or five years of the carrying out of the landscaping scheme (whichever is later), shall be replaced in the next planting season by specimens of similar size and species in the first suitable planting season. Prior to the a expiry of 10 years where dead, dying, severely damaged or diseased trees are to be replaced a review of the tree stock should be carried out by the council with a view to a Tree Preservation Order being placed to ensure long-term protection.

 

Reason:

 

To comply with the duties indicated in Section 197 of the Town and Country Planning Act 1990 to safeguard and enhance the amenity of the area, to maximise the quality and usability of open spaces within the development, and to enhance its setting within the immediate locality.

 

Following queries raised to the access and parking layout on site, a further response was sought from the Local Highway Authority. The response received from the Senior Highway Development Management Officer was as follows:

 

‘I can confirm I have visited the site prior to me putting forward my comments.

 

I do not have any concerns over the visibility plays for the internal parking spaces.

 

The Access off the main road has been approved at the Outline Application on Drawing Number C151789-HYD-XX-XX-DR-TP-0103 Rev P2 and was assessed by predecessor, which I have no concerns.’

 

c)    Application 21/02448/FULL - Erection of a dwelling at Land at NGR 268209 111511, Eggesford Close, Eggesford.

 

The Area Team Leader outlined the application by way of a presentation which highlighted the site location plan, aerial image, proposed site plan, proposed elevations, proposed floor plan and photographs of the site.

 

The officer explained that although space standards had been achieved there were concerns about the size of the property and comfortable living for future residents. Policy S14 prevented open market dwellings in open countryside and there were concerns about the size of the outside amenity area.

 

Consideration was given to:

 

·         The views of the applicant who stated that 1 dwelling on a brown field site was sensible, the reasons for refusal were confusing and quality of life should have been applied to other developments on the site

·         The views of the Ward Member who stated that this was a use of the brownfield site, development within the close had already been approved and that the property was totally sustainable.

 

It was therefore RESOLVED that planning permission be granted as applied for.

 

(Proposed by Cllr C Eginton and seconded by Cllr S J Clist)

 

Reason for the decision: The development was on a brown field site and was close to existing developments, it was sustainable and was the last in fill site on an existing development.

 

Notes:

 

·         Cllr P J Heal requested that his vote against the decision be recorded

·         Cllr C J Eginton made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as the applicant was known to him and he was the Ward Member

·         Cllrs P J Heal, E J Berry, S J Clist, B A Moore, B Holdman, D J Knowles, F W Letch and B G J Warren all made declarations in accordance with protocol of Good Practice for Councillors dealing with planning matters as they had received correspondence

·         Mr Churchill spoke as the applicant

·         Cllr C J Eginton spoke as Ward Member

 

d)   Application 22/00481/MARM - Reserved matters for the erection of 190 dwellings together with associated infrastructure following outline approval 17/01170/MOUT at Land at NGR 302186 108607 , North of Rull Lane and to The West of Willand Road, Cullompton.

 

The Area Planning Officer outlined the application by way of a presentation highlighting the site location plan, aerial image, adopted masterplan, landscaping scheme, street scenes, house types, visualisations, and photographs of the site and access points.

 

Consideration was given to:

 

·         The development would provide an electric vehicle charging point for each unit

·         The provision of solar panels for 50% of the units was due to the orientation of the remaining units

·         The varied open spaces and layout of the development would provide dementia friendly street scenes

·         Gypsy and Traveller sites would be considered in phase two

·         Parking provision was above Local Plan policy  standards

·         Traffic calming measures in the Headweir Road had been secured in the S106 agreements

·         The views of the agent who stated that this was a reserved matters application and it included the required number of affordable homes which would be indistinguishable to the rest of the development. The layout was in accordance with the master plan.

 

It was therefore RESOLVED that planning permission be granted subject to conditions as recommended by the Development Management Manager and an amendment to conditions 2 and 4 to read:

 

1.    Condition 2 -The pedestrian access onto Rull Lane shown on drawing number 02-PHL-101 Rev E shall be provided and be open for use in accordance with a timescale to be agreed in writing with the Local Planning Authority before first occupation of any dwelling.  Once provided, such pedestrian access shall be permanently kept open and maintained for such use at all times.

2.    Condition 4 - No development shall take place until tree and hedge protection measures/fencing have been provided on site and in respect of any off-site compounds to protect all retained trees and hedges, in accordance with the submitted Arboricultural Method Statement and Tree Protection Plan 05740.TPP.AMS Rev B.  The approved measures/fencing shall be kept in place for the duration of the construction period and the development shall proceed only in accordance with the approved details.

 

(Proposed by Cllr B A Moore and seconded by Cllr F W Letch)

 

Reason for the decision: As set out in the report

 

Note:

 

·         Cllr B G J Warren made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was Chairman of Willand Parish Council

·         Cllr S J Clist made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he had received correspondence

·         Cllr E J Berry made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was the Ward and County Member

·         Joanne Halton spoke as the Agent

·         The following late information was received:

 

02.09.2022

 

1.         Paragraph 6.10 of the committee report refers to minor corrections being made to the Tree Protection Plan that had not been made at the time of writing the report.  The corrected Tree Protection Plan has now been received and is considered to be satisfactory.  The Tree Officer has confirmed that he is happy with the submitted Arboricultural Method Statement where fully followed.  It is therefore recommended that condition 4 be amended as follows:

No development shall take place until tree and hedge protection measures/fencing have been provided on site and in respect of any off-site compounds to protect all retained trees and hedges, in accordance with the submitted Arboricultural Method Statement and Tree Protection Plan 05740.TPP.AMS Rev B.  The approved measures/fencing shall be kept in place for the duration of the construction period and the development shall proceed only in accordance with the approved details.

 

2.         The applicant has requested that condition 2 of the recommended conditions be amended as it is not practical or safe for this pedestrian access to be open while the adjacent houses are being constructed.  It is therefore recommended that the condition be amended to require a timescale for opening the pedestrian access to be agreed in writing before first occupation of any dwelling. 

 

Recommended revised condition:

 

The pedestrian access onto Rull Lane shown on drawing number 02-PHL-101 Rev E shall be provided and be open for use in accordance with a timescale to be agreed in writing with the Local Planning Authority before first occupation of any dwelling.  Once provided, such pedestrian access shall be permanently kept open and maintained for such use at all times.