To receive a report of the Head of Planning and Regeneration regarding this application.
Minutes:
The Committee had before it a * report of the Head of Planning and Regeneration regarding the above application. The Area Planning Officer outlined the contents of the report by way of explanation, highlighting the illustrative masterplan for the site and explaining the history to the site and the outline application determined by the Committee in 2014. Following consideration of the S106 agreement, the developers had requested that Condition 6 and 10 be amended changing pre commencement to pre-occupation.
He referred the Committee to the access issues to the site and the programme of works identified (highlighted in appendices A and B) and the original formation of a two way access to Station Road from the A377. The Road Safety Audit had however stated that a one way system would be appropriate. This would also allay problems with attaining a piece of land owned by an adjoining resident.
A representative from Devon County Council Highways Authority outlined the pre application discussions that had taken place regarding a priority scheme and the road safety audit stages that had taken place. He informed the meeting that there were concerns regarding a one way system but that it was not possible to impose a condition that required the purchase of 3rd party land.
The Area Planning Officer provided answers to questions posed in public question time:
· Why Appendix B was not included in the signed S106 agreement – ongoing work had taken place with the Highway Authority, there had been a need to discharge Condition 10, however the plan had not been discharged and that was why it was before the Committee today.
· The officer report ignored advice in the Road Safety Assessment process - Mr Sorenson had answered that, the issue was about road safety.
· The advice had been contrary to the Road Safety Audit – that was the Highway Authority view.
· The recommendation is being put to the meeting because the land had not been acquired – the update sheet clarified the situation with regard to advice from the Highway Authority, a detailed response set out in the report justified the recommendation.
Consideration was given to:
· Road safety and the issue of backing-up onto the A377 and the results of the road safety audit
· The preference of the Highway Authority
· Issues regarding the purchase of 3rd party land to progress a two way system
· The need for the developer and the 3rd party land owner to negotiate further
· Construction traffic entering the site
RESOLVED that
a) agreement in principle be confirmed (subject to the submission and resolution of a formal application – section 73A) that conditions 6 and 10 are amended so that they are not pre-commencement conditions, with the trigger for the completion of the works covered by each condition set as.
6. Neither the new school building and associated facilities nor the new housing shall be occupied until the following works have been completed:
a) The access road has been laid out, kerbed, drained and constructed up to base course level for the first 20.00 metres back from its junction with the public highway
b) The ironwork has been set to base course level and the visibility splays required by this permission laid out
c) The footway on the public highway frontage required by this permission has been constructed up to base course level
10. Neither the new school building and associated facilities nor the new housing shall be occupied until the off-site highway works for the provision of a junction improvement scheme, at the junction of Station Road and the A377, inclusive of but not limited to road widening, Signing and lining, and the enhancement of pedestrian crossing facilities has been approved in writing by the Local planning Authority and has been constructed and made available for use.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr P J Heal)
FURTHER RESOLVED that
(b) The managed one way scheme at the junction of the A377 and Station Road which is now proposed to satisfy condition 10 not be agreed and be refused on the following grounds that in the opinion of the Local Planning Authority the proposed managed one way system would be likely to lead to unacceptable inconvenience and highway danger to road users arising from the concentration of traffic flows at peak times resulting in unacceptable queuing and reversing movements contrary to policies COR9 Core Strategy (Mid Devon Local Plan Part 1) and DM2, Development Management Policies (Local Plan Part 3).
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)
Notes-:
(i) Mr Graham (Objector) spoke;
(ii) Miss Smith (Agent) spoke;
(iii) Mr Sorenson (Devon County Council Highway Authority) spoke;
(iv) Cllr Mrs G Doe requested that her abstention from voting in (a) be recorded;
(v) Cllrs Mrs H Bainbridge and Mrs F J Colthorpe requested that their vote against (b) be recorded;
(vi) The following late information was provided: Two local residents have circulated a number of emails (via the Committee Clerk) regards this agenda item. Issues relating to highway safety and capacity are covered in the reports and the Highway Officer from Devon County Council will provide clarification at the meeting on Wednesday. This update note clarifies the issue of the process that has been followed by the parties regarding the acquisition of the land that would be necessary to complete a two passing system.
The owner of the land has stated that there has been no meaningful discussions regarding the acquisition of his land since the outline consent was granted back in 2015. Whilst it is not a condition of the planning permission for the LPA to oversee this process it would appear that, the landowner has stated in his email, t a baseline value of £20,000 has been established for the section of his garden that would be required. In addition the landowner has stated his Solicitor and Kingswood Homes (the developer) have been in contact with the landowner’s solicitor setting out the basis for any negotiations. What is evident from the correspondence that has been provided to the Case Officer is that expectations of an appropriate land value exceed the baseline value as referred to above.
Members are however advised that on the basis of the advice provided by the Highway officer at Devon County the design of the junction improvements as shown on the drawing attached at appendix B to the report (a one way managed system), which has now been subject to a Stage 1 and 2 Road safety Audit, is considered acceptable in highway safety terms for existing and proposed users of the highway.
Finally to assist Members understand the operational context of the junction, based on TRICS data, the development in conjunction with existing traffic levels , would generate predicted peak hour traffic flows of no more than 2 cars per minute passing through the junction.
7th September 2016 –
One further objection has been received which raises concerns about both the recommendations covered in the report for reasons relating to highway safety concerns. It is considered that the junction improvements should include the additional land so that a two way system can be achieved.
Officer Response: The justification for the two recommendations are clearly set out in the report.
Page 86/87/91: amend the drafting of recommendation 1 and to the drafting of point 2.8 (which is to be read in conjunction with 2.7) as set out below. The drafting changes to the text as set out in the report as circulated are considered necessary to add clarity to the scope of control imposed by the revisions to conditions 6 and 10.
Page 86/87:
1. Confirm agreement in principle (subject to the submission and resolution of a formal application – section 73A) that conditions 6 and 10 are amended so that they are not pre-commencement conditions, with the trigger for the completion of the works covered by each condition set as.
6. Neither the new school building and associated facilities nor the new housing shall be occupied until the following works have been completed:
a) The access road has been laid out, kerbed, drained and constructed up to base course level for the first 20.00 metres back from its junction with the public highway
b) The ironwork has been set to base course level and the visibility splays required by this permission laid out
c) The footway on the public highway frontage required by this permission has been constructed up to base course level
10. Neither the new school building and associated facilities nor the new housing shall be occupied until the off-site highway works for the provision of a junction improvement scheme, at the junction of Station Road and the A377, inclusive of but not limited to road widening, Signing and lining, and the enhancement of pedestrian crossing facilities has been approved in writing by the Local planning Authority and has been constructed and made available for use.
Page 91:
2.8 Neither the new school building and associated facilities nor the new housing shall be occupied until the off-site highway works for the provision of a junction improvement scheme, at the junction of Station Road and the A377 as shown on drawing number 4058 rev D hereby approved have been constructed and made available for use.
(vii) *Report previously circulated copy attached to minutes.
Supporting documents: