Agenda item

To consider the planning applications contained in the list.

 

The Committee considered the applications on the *Plans List.

 

Note: *List previously circulated and attached to the minutes

 

a.     23/01532/FULL - Erection of 2 dwellings at 1 Honiton Road, Cullompton, Devon.

 

There being no discussion on this item it was RESOLVED that planning permission be granted subject to conditions.

 

(Moved by the Chairman)

 

Reason for the Decision – as set out in the report.

 

b.     23/00924/FULL - Erection of restaurant with drive-thru facility, car parking, landscaping and associated works at Land at NGR 284600 099535, Joseph Locke Way, Crediton.

 

The Area Team Leader outlined the contents of the report by way of a presentation and highlighted the following:-

 

·       The proposal was for a McDonald’s restaurant and drive thru with landscaping and parking.

·       The site was allocated under Policy CRE10 which was an allocation for commercial development.

·       The site was accessed from a shared access road with Mole Avon Country Stores to the south.

·       Main issues raised included impact on the town centre, climate change, transport, flooding, ecology and living conditions of nearby residents.

·       This application would bring a vacant site into active use and would create up to 120 jobs for local people.

·       S106 monies would be put back into the town centre with contributions of £15,000 towards the Shopfront Enhancement Scheme.

·       A financial contribution of £35,281 would be allocated and spent towards measures necessary to assist with the flow of traffic through the Western Gateway, St Lawrence Green and the High Street in Crediton.  This would include for the provision of two additional electric vehicle charging points above the two required by Policy making four in total to address air quality within Crediton Air Quality Management Area.

·       Funding of £5,000 was proposed to provide a cycle/footway to the junction.

·       Concerns raised initially by the Lead Local Flood Authority had been addressed with final details being worked upon.

·       A condition was recommended to approve the final brick detail, in order that it would not detract from the red brick used at Wellparks or the Red Deer Public House nearby.

·       The Public Health Department had viewed reports and plans for noise and lighting and had agreed to the conditions recommended.

·       Devon Garden Trust had raised no objections and further comments made by the Council’s Conservation Officer, a 12m high totem pole sign originally proposed, had been reduced to 6m in height.

 

In response to public questions the Area Team Leader answered as follows:-

 

Gerald Conyngham

 

Q. Given all these ways in which this application goes against the statutory development plan for Crediton, will the committee please reject it?

A. The question enquires how the development would comply with policies within the Crediton Neighbourhood Plan (NP). The relevant policies in the NP have been noted within the report and the case made as to why the development is considered to accord with these. In terms of 'new developments should be locally distinctive', it was noted in the presentation that the design was amended in light of concerns with more red brick brought into the design and appearance which would be more in line with the materials at the Red Deer Public House close by and Wellparks. The sourcing of food for a restaurant would not be a planning consideration but it is noted that the applicant is here today and may wish to address this matter.

 

Giles Fawssett

 

Q. So how is this drive though McDonalds compatible with this government policy?

 

A. Crediton Masterplan has been referred to which is currently going through consultation but it should be noted that this is an allocated site for commercial development within the adopted local plan, it is close to a number of bus stops and within walking distance of the train station. It is also to be located close to the biggest supermarket for the town, near to Redlands Care which is the only doctor’s surgery for Crediton and a number of other facilities/services so it is considered that this development would be in accordance with policy. It is also within walking distance of the Wellparks development whereby Members may recall the recent decision to approve a further 31 residential units.

Over the last 13 years, there have been over 200 houses built in and around Wellparks, with all these residents being within walking distance of the proposed development.

 

Q. So how is this drive though McDonalds compatible with this county council policy?

 

A. The second question relates to Devon County Council policy and the promotion of 20 minute neighbourhoods. Again I would note this is an allocated site and given the accessibility of the site to a large number of residences on foot and public transport services. I would note that the Tiverton McDonalds which has been operating successfully for a number of years would be comparable being out of centre, adjacent to other commercial development and within walking distance of a number of residences.

 

Q. So why will you allow a Drive though McDonalds that isn’t in the town centre?

 

A. I can confirm that the required sequential test was carried out in line with policy and there were no available sites which could achieve a comparable development. As such a refusal based on this proposal not locating within the town centre would be contrary to National guidance and adopted policy.

 

Q. So how can this committee justify this McDonalds knowing that almost everyone will be driving up and down Exeter Road right pass its air pollution monitor?

 

A. The issue of air quality has been assessed with this development with planning obligations to be secured from the development. Again, this is an allocated site whereby any commercial development allowed would result in an increase in traffic generation. This development would provide electric vehicle charging points and can be visited by public transport and walking by a number of residents.

 

Q. Do you recognise the hypocrisy in allowing McDonald’s given these policies in your Masterplan for Crediton?

 

A. The reason the development is considered to comply with Planning Policy is set out in detail within the officer report.

 

          David Harris

 

Q. The question for you to answer in the years to come is what do I want to say to my children, grandchildren or someone else’s children?

 

A. The question relates to the impact of methane of which a large proportion is emitted by sheep and cattle. With this planning application, the consideration is to the proposed use class of the development which is a drive thru restaurant which is considered to be acceptable on this allocated site. The general rearing of animals for food production would not be a planning consideration.

 

Caroline Romijn

 

Q. Please would you confirm what conditions you are prepared to apply?

 

A. With respect to the planning conditions, these were on page 67 and included conditions are recommended by the Public Health Team who viewed the proposal, assessing times for deliveries, lighting, noise etc. The proposed development has been submitted as a drive thru restaurant so a condition preventing the drive thru element would be unreasonable. With the planning submission, lighting plans and report were submitted with the Public Health Team advising that a report has been submitted by Signify dated May 2023 whereby the applicant proposes 6m high lighting columns with highly directional downward facing lights designed to prevent backwards and upwards light overspill. In view of the proposal for 24 hour opening we do not anticipate any concerns regarding this selection of lighting units. We would not be able to condition packaging as this would fail to meet the necessary tests and where other legislation is likely to cover packaging for food. Litter bins would be provided on site and the plans include enclosure for a main bin storage on site, labelled as a ‘corral’ on plans.

 

Tiffany Gaston

 

Q.Given that the debate showed that people, especially young people, (who many may assume would be in favour of the development) do not think that McDonald's would be good for the people of Crediton, how can MDDC decide to approve the application?

 

A. Having viewed the Queen Elizabeth School facebook report on this event, it was noted that total number of participants in this debate at QE school was 30, of which two thirds were stated as being students. The breakdown of the vote being 4 in favour with 26 against. The Ofsted report notes that the number of pupils on the school roll is 1291 so it could not be reasonably argued that the result of the debate would represent the majority of views/thoughts of the young people at the school or the wider area of Crediton. On a point of fairness, I would note as reported within the officer report on page 48 and through the update with the additional two representations received, the number of people having written in support of the development is 66 whereas 46 were in opposition. Therefore it could be viewed that there is support for the development in the wider community.

 

Alan Robert Murray

 

Q. Can the planning officer confirm what measures are part of this planning application to prevent pollution from surface waters from buildings, traffic and car parking, and from construction activities, reaching the River Yeo potentially affecting flora and fauna and in particular the endangered native white-clawed Crayfish?

 

A. As noted within the conditions on Page 67 and 68, there were conditions requiring the development to be carried out in accordance with the Construction Environmental Management Plan (CEMP) which has been agreed with the Public Health Team and Devon County Council Highways (condition 3), Condition 9 requires provision to be made within the site for the disposal of surface water so that none drains on to any County Highway. The additional condition (14) from the LLFA also requires the approval of the final drainage design.

 

David Horton

 

Q. Why has the application not been designed to access directly off the roundabout, giving clear accountability in the future for authorities to police these inevitable disruptions to the highway?

 

A. The application before Members is for the access off Joseph Locke Way which also serves Mole Avon so it is this proposal which needs to be considered. As noted in the presentation, following concerns received, the access was moved clear of the service yard gates. A Travel Plan and Assessment were submitted as part of this application with the Local Highway Authority raising no objection to the access arrangements. I would also note that parking accords with policy requirements.

 

Consideration was given to:-

 

·       Section 106 monies and whether MDDC would ask for more.

·       The proximity of local residential properties to the restaurant.

·       The opening hours and whether the hours would be reduced.

·       The effects of lighting and signage for the restaurant on nearby residents.

·       Whether staff car parking would be provided.

·       Traffic and congestion that would be caused by the shared access way.

 

 

It was therefore RESOLVED that planning permission be granted subject to conditions, which include amendments advised in the update sheet and theadditional condition (14) from the LLFA.

 

(Proposed by the Chairman)

 

Reason for the Decision – as set out in the report.

 

Notes:-

 

(i)              David Shawyer spoke as the Applicant.

(ii)             Cllr L Brookes-Hocking spoke on behalf of Crediton Town Council.

(iii)           Cllr J Cairney spoke as the Ward Member.

(iv)           Cllr F J Colthorpe declared she had received correspondence.

(v)             Cllr J Jenkins abstained from voting and wished this to be noted.