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)    22/02220/MFUL - Variation of Condition 2 of Planning Permission 21/00276/MFUL - Erection of 13 dwellings to include associated landscaping, public open space and infrastructure - Substitution of agreed drawings to incorporate revised site drawings at Land at NGR 283084 102432 (Fanny's Lane), Sandford, Devon.

The Area Team Leader explained that the Legal Team had dealt with the matter of h the signing of a Deed of Variation for the S106 agreement therefore the Recommendation had been amended to read ‘Grant permission subject to conditions’. In addition, the drawing number for the Landscaping scheme to be secured under condition 4 was now 2437 01 C (rather than B).

The officer outlined the application by way of a presentation which highlighted the site location plan, aerial views showing the access points, the affordable housing units, the surrounding residential properties, public open spaces, refuse and parking areas. The Committee were also shown images of the stepped access to the south, the drainage plans and terraced gardens.

The changes between the original planning application and the revised application were also summarised including changes to boundary treatments, gradient levels, which were designed to improve disability access, pedestrian access points and the provision of banks rather than retaining walls to the site area. Proposed changes also included a change to the use of certain materials such as render replacing stone, slates tiles proposed for the roofs, the provision of air source heat pumps and electric car charging points. The officer summarised the particular proposed changes to each plot where they existed.

In response to the public questions asked he stated that:

·         The original application had been approved, implemented and development had started.

·         The revised application had come about as a result of local concerns and an investigation hence the proposed changes to the stepped nature of the site and the change in materials.

·         Professional officers had no concerns about the site levels and were content that hedgerows were being proposed to improve the appearance of boundary edges.

·         Information had been provided only where there were proposed changes.

·         Devon County Council had not raised any concerns regarding the Public Right of Way following confirmation that levels to the PROW remain unchanged.

·         The spoil would be removed from the site.

·         Drainage and flooding issues had been dealt with at the original application stage.

Consideration was given to:

·         Materials had been chosen so as to be in keeping with the surrounding area.

·         Concerns regarding giving permission originally based on a number of conditions (such as retention of the Right of Way and fitting in with the Conservation area) and now receiving a revised application with additional proposed changes to the stepped nature of the site, boundary treatments and materials used. What purpose had the original approval therefore served and what was the point of approving conditions if they could then be altered at a later stage? It was explained that applicants were within their rights under S73 to bring a revised application forwards and the proposed changes were acceptable from a planning policy point of view. The Government had set the planning laws and until they changed them, applicants were legally able to act in this way.

·         Revised conditions addressed first floor window concerns.

·         The applicant had listened to the concerns of the local residents during the investigation but had also had to reconsider the rising costs of materials hence the revised application.

·         Conditions 4 and 5 ensured that any tree, shrub, hedge, plant or grassed area which died, was damaged or removed would be replaced to the satisfaction of the Local Planning Authority.

·         Significant concerns from the owners of a neighbouring property concerning windows placements, the loss of privacy, the position of proposed patio doors, wall facades and what was felt to be insufficient hedge treatments to prevent noise and significant loss of amenity.

·         Significant concerns from the local Parish Council who were keen to point out to the Committee that the revisions being sought were already in place. Concerns remained regarding the gradual terracing of the various garden plots being filled in with spoil from the rest of the site creating imposing banking above the public right of way. The overbearing nature of the development remained a chief concern despite negotiations with the developer. Additional conditions had been requested to address the height of the banking, the spoil to be taken off site, gabions used where appropriate and the concerns from the neighbouring property regarding loss of privacy and outlook.

·         Concerns of the Ward Member regarding the proximity of properties seeming much closer than the stated 12 metres, the stability of the land, air quality, the safety of proposed pathways into Crediton and frustrations experienced by the existing planning process.

It was therefore RESOLVED that planning permission be granted subject to conditions.

(Proposed by the Chairman)

Reason for the decision: As set out in the report.

Notes:

·         Cllrs Mrs C Collis, Mrs F J Colthorpe, J Downes, P J Heal, B Holdman, D J Knowles, F W Letch and B Warren made declarations in accordance with Protocol of Good Practice for Councillors dealing with planning matters as they had received correspondence regarding this application.

·         Cllr F W Letch declared a personal interest as some of his brother in law’s relatives lived in Fanny’s Lane.

·         Naomi Cooper spoke as an objector.

·         Justin Denno spoke as the applicant.

·         Cllr Brian Ffye spoke as Chairman of Sandford Parish Council.

·         Cllr E Lloyd spoke as Ward Member.

·         Cllrs J Downes, B Holdman, D J Knowles, F W Letch and B Warren requested that their abstention from voting be recorded.