Agenda item

To receive and consider reports, minutes and recommendations of the special meeting of the Cabinet held on 21 November 2016

The Leader presented the report of the special meeting of the Cabinet held on 21 November 2016.

 

Arising thereon:

 

1.    LOCAL PLAN REVIEW (MINUTE 96)

 

The Head of Planning and Regeneration was invited to give a presentation to Members. She stated that it was her intention to provide a summary as to how the Council had arrived at this position and to explain in some detail the main changes in relation to the plan.

 

Quoting from the National Planning Policy Framework 2012 she stated that ‘Local Plans were the key to delivering sustainable development that reflects the vision and aspirations of local communities.’ There was a legal obligation upon the Council to produce a Local Plan and for Mid Devon it would lead to the creation of over 7,860 homes including over 2,000 affordable homes. It would also create 212,416 square metres of commercial floor space attracting investment into the district and creating approximately 2,500 new jobs. Additionally there would be improvements to transport infrastructure which would address existing capacity and safety issues as well as meeting future needs. There would be an implementation of strategic environmental enhancement schemes including flood alleviation, air quality and traffic management.

 

The Plan would deliver new, improved and enhanced public open space. There would be a protection of designated local green space as well as recreational land and buildings. Enhancement of built and historic environments including heritage assets and town centre regeneration. The Plan would also deliver the provision of new and improved schools, doctor surgeries, community buildings and libraries. The plan would seek to establish a strong basis for managing development through the re-establishment of the Council’s five year land supply which would guide development to the most sustainable areas in line with the district’s spatial strategy, protect our countryside and make the best use of land.

 

The background to the whole process was then briefly summarised. A major consultation exercise had taken place between 9 February and 27 April 2015 when 971 submissions had been received, including 2434 specific comments. The intention had been to submit that plan later that year but more technical evidence had been needed. On 22 September 2016 Council had considered the allocation of land at J27 for leisure, retail and tourism and the associated additional housing required. Since the 2015 consultation there had been changes to national guidance, the local plan evidence base and highways advice. The plan had therefore been proposed to be modified to reflect the representations received and the changes since 2015. The Council now had before it an updated version of the proposed plan showing the tracked changes. She went on to list the decisions made by the Council so far in relation to the draft plan.

 

It was proposed that consultation, solely on the modifications to the plan, be undertaken between 3 January 2017 and 14 February 2017 and then it be submitted to the Planning Inspectorate before the end of March 2017. The Department for Communities and Local Government had stated that it might intervene where local planning authorities did not have an up to date adopted plan or a plan submitted to the Planning Inspectorate by the end of March 2017. Members were shown a summary of the key stages involved in trying to reach this deadline.

 

The main changes which ran throughout the plan were as follows:

 

·         Proposed J27 allocation.

·         Additional hosing requirement associated with J27.

·         Revised overall housing target figures to reflect a final Strategic Housing Market Assessment.

·         Updated figures to reflect the latest housing completion and planning permissions.

·         Updated figures, text and policy map to reflect the adopted NW Cullompton Masterplan and extended site area.

·         Latest Devon County Council Highways advice.

·         Government Guidance changes, for example, National Space Standards.

 

Regarding town allocation modifications included the following:

 

Tiverton

 

o   Tiverton Eastern Urban Extension

o   Policy TIV1 – Amended quantum of development to 1580 from 1830 dwellings

o   Policy TIV2 –Tidcombe Lane traffic calming reference removed.

o   Policy TIV6 (Farleigh Meadows) – Housing numbers reduced from 300 to 255 to reflect recent planning permission.

o   Policy TIV7 (Town Hall) – Update to refer to new build element (numbers)

o   Policy TIV14 (Wynnards Mead) - contingency site: Proposed to be deleted following the results of the Historic Environment Appraisal.

o   Additional Policy TIV16 (Blundells School) – 200 houses. To reflect the inclusion of land at J27 and associated housing. Mixed use reference deleted.

 

Cullompton

 

·         North West Cullompton

·         Amend 1200 to 1350 to reflect the adopted masterplan SPD and potential of land owned by Mr Brunt (latter outside the masterplanned area).

·         Updated financial contributions: J28, town centre relief road & Willand Road

·         Clarification regarding the primary school requirement.

·         Phasing updated to reflect the adopted masterplan SPD and latest position on J28.

·         East Cullompton:

o   Proposal to amend the housing numbers from 2,100 to 1,750 to reflect development in the plan period together with anticipated later commencement due to highways advice.

·      Policy CU13 (Knowle Lane), CU15 (Land at Exeter Rd), CU16 (Cummings Nursery) – Updated housing numbers CU18 (Venn Farm) updated floorspace figure (reflect permissions granted).

·      Policies CU13 (Knowle Lane), CU14 (Ware Park and Footlands), CU15(Land at Exeter Rd), CU17 (Week Farm), CU18 (Venn Farm) – Updated to reflect latest J28 position.

·      Policy CU19 (Town Centre Relief Road) -  Reference to emerging design solution

·      Policy CU20 (Cullompton Infrastructure) - Add works to reduce flood risk.

·      Policy CU21 (Land at Colebrook – Contingency Site) - Updated to reflect latest J28 position.

 

Credition

 

·      Policy CRE1 improved pedestrian access at Wellparks

·      Policy CRE2 updated to reflect lapse in planning permission at Red Hill Cross

·      Policy CRE3 updated to reflect findings of the Historic Environment Appraisal at Cromwells Meadow

·      Policy CRE5 updated in response to the need for a new primary school at Pedlerspool; updated phasing strategy and improved pedestrian access taking account of flood risk

·      Policy CRE6 (Exhibition Road) - Improved pedestrian access.

·      Policy CRE10 (Land south of A377) - Supporting text updated to take account of flood risk.

·      Policy CRE11 (Crediton Infrastructure)– Works to reduce flood risk.

 

Regarding land at Junction 27, a new policy had been inserted to reflect the Council decision to propose an allocation of land at Junction 27 for mixed use leisure, tourism and associated retail. Further changes had been made as a result of Duty to Co-operate meetings.

 

Further changes had been made with regard to rural allocations including:

 

·         26 dwellings at School Close in Bampton and the proposed deletion of the depot at Hemyock as the site was no longer immediately deliverable.

·         Text updates to reflect the Historic Environment Assessment.

·         Housing numbers at Cheriton Bishop had been updated to reflect the reduced site area.

·         Land west of Uffculme was now proposed to be included as planning permission had been granted at appeal.

·         Enlarged allocation at Willand Industrial Estate at eliver phase 2 as access now secured.

·         The proposed allocation of 60 dwellings at Higher Town, SP2, Sampford Peverell to reflect the inclusion of land at Junction 27 and associated housing.

 

Development Management policies were updated to take account of up to date Government policy, remove Bampton from the list of towns and clarify other requirements.

 

It was explained that the Planning Policy Advisory Group (PPAG), at their meeting on 10 November 2016 had supported the recommendations, however, it had suggested a number of changes which had been included in the tracked changed report before Council. PPAG had requested that consideration be given to the phasing arrangements for the through route linking Willand Road to Tiverton Road as part of the NW Cullompton proposal and the need to allocate land at Higher Town, Sampford Peverell by increasing the number of dwellings identified at Blundells School from 200 to 260.

 

Further investigation by the Planning officers had been undertaken in order to advise Members accordingly, this had included the following information:

 

Blundells School site: Consideration had been given to the wider risk of flooding in proximity to the site. Criteria refer to the need to raise certain areas above the flood plain, with others to be lowered to compensate. Housing is more vulnerable to flooding than other uses such as commercial and there was a concern raising housing numbers to 260 would place housing in closer proximity to flooding. Officers had also looked at the need to safeguard a future route to serve the eastern side of Tiverton. In their professional opinion there was not enough evidence to substantiate increased housing numbers at Blundells School. It was further explained that the allocation of 6 hectares at Higher Town represented very low density housing, with 30% allocated for affordable housing, the provision of a drainage strategy and the need for careful design. She ran through one of the amendments that was before Members – that would specifiy low density, that the site would come forward following the commencement of the development pf the M5 Junction 27 allocation and 2 hectares at the highest part of the site would be laid out and managed as landscaping and open space.

 

It was confirmed, following a number of comments made during Public Question Time that site visits had been undertaken by officers both historically and in recent months. The SHLAA panel had concluded that the site would be appropriate for 60 dwellings, the access issues were not so severe and the limited primary school capacity was not identified as a fundamental impediment. The Higher Town site had been one of a number of sites that had been assessed, there were some elements relating to topography but it was clear with appropriate mitigation the site was suitable and deliverable, more so than other sites considered by the SHLAA panel around Sampford Peverell.

 

Regarding the questions raised by members of the public, the Head of Planning and Regeneration responded with the following:

 

·         The merits of allocating land at J27 had been discussed in great detail at the Council meeting on 22 September 2016 and these were on record;

·         Concerns regarding the topography, highways and infrastructure within Sampford Peverell had been addressed within her presentation;

·         The Higher Town site had not been allocated initially in the plan because the housing numbers were not required at that stage, rather than for reason of the site not being suitable;

·         There were proposals to put restrictions in place to safeguard retail interests within the towns;

·         She encouraged Mr Paynes to contact the Planning Department for a pre-application discussion regarding a new school;

·         Regarding the request for the planning authority to make a new call for sites she stated that should they do that the Council would not meet the Government’s timetable for submission. However, she stated that a report would be brought to the Cabinet meeting on 5 January 2017 in relation to the Greater Exeter Strategic Plan proposals which would make reference to this issue.

 

a)    The Leader MOVED seconded by Councillor Mrs M E Squires:

 

THAT the recommendation of the Cabinet as set out in Minute 96 (a) be ADOPTED

 

Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.

 

The Council had before it a question submitted by Councillor Mrs J Roach in accordance with Procedure Rule 13.2 together with a response from the Cabinet Member for Planning and Regeneration. She had been content with the response and had not wished to ask a supplementary question.

 

(b)The Leader MOVED seconded by Councillor R J Chesterton:

 

THAT the recommendation of the Cabinet as set out in Minute 96 (b) be ADOPTED

 

Councillor Mrs J Roach MOVED and AMENDMENT seconded by Councillor T W Snow that resolution (b) be amended to read:

 

‘Approval be given to publish the proposed modifications to the Local Plan for consultation.’

 

Following discussion and upon a vote being taken the AMENDMENT was declared to have been FAILED.

 

The Leader further MOVED seconded by Councillor R J Chesterton:

 

THAT the recommendation of the Cabinet as set out in Minute 96 (b) be ADOPTED

 

Upon a vote being taken, the MOTION was declared to have been CARRIED.

 

(c)The Leader MOVED seconded by Councillor C R Slade:

 

THAT the recommendation of the Cabinet as set out in Minute 96 (c) be ADOPTED

 

Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.

 

Councillor R L Stanley MOVED an AMENDMENT (having considered Procedure Rule 18.1) seconded by Councillor F W Letch that resolution (d) be added as follows:

 

(d)          That Policy SP2 (Higher Town, Sampford Peverell) be removed from the Local Plan and that the 60 dwellings be added to Policy TIV 16 (Blundells School).  Policy TIV 16 be amended to read that the number of dwellings be increased from 200 to 260 and additional wording be added to the text at 3.46 to state “This location lends itself to a well-designed urban style development, which relates to existing properties in Blundells Road, the recent scheme at Popham Close and the nature of the built form of Blundells School.  Whilst the topography is understood, the principles of traditional urban form, similar to Poundbury in Dorset, will provide an attractive development, lending with the existing adjacent properties and merge with the town.  Development within densities approaching 60 dwellings per hectare when appropriately designed are well received by the public.

 

Following debate, Councillor Mrs J Roach MOVED in accordance with Procedure Rule 19.4:

 

“THAT the vote in respect of the AMENDMENT shall be by Roll Call”

 

A roll call of Members present at the meeting was then taken:

 

Those voting FOR the AMENDMENT: Councillors Mrs H Bainbridge, Mrs C A Collis, R J Dolley, J M Downes, R Evans, F W Letch, B A Moore, R F Radford, Mrs J Roach, T W Snow, R L Stanley and Mrs N Woollatt.

 

Those voting AGAINST the AMENDMENT: Councillors Mrs A R Berry, Mrs J B Binks, K Busch, R J Chesterton, Mrs F J Colthorpe, D R Coren, W J Daw, Mrs G Doe, C J Eginton, S G Flaws, P H D Hare-Scott, P J Heal, T G Hughes, Mrs B M Hull, D J Knowles, F J Rosamond, C Slade, Mrs E Slade, J D Squire and Mrs M E Squires.

 

Those ABSTAINING from voting: Councillor N V Davey.

 

Upon a vote being taken, the AMENDMENT was declared to have FAILED.

 

Councillor R J Chesterton MOVED a FURTHER AMENDMENT with regard to (d) seconded by Councillor P H D Hare-Scott that Policy SP2 be amended to read as follows:

 

Higher Town, Sampford Peverell

 

A site of 6 hectares at Higher Town, Sampford Peverell is allocated for a low density residential development, to come forward following the commencement of development of the M5 Junction 27 allocation, subject to the following:

 

a)   No more than 60 dwellings with 30% affordable housing;

b)   No development until the completion of improved access works to the A361;

c)    Landscaping and design which respect the setting and character of the area;

d)   Provision of a drainage strategy and Sustainable Urban Drainage Scheme                      to deal with all surface water from the development and arrangements for future maintenance;

e)   Mitigation of any wildlife impact including protection of hedgerows; and

f)    Archaeological investigation and appropriate mitigation; and

g)   2 hectares of Green Infrastructure laid out and managed with landscaping and open space.

   

3.224aThe site is on the edge of Sampford Peverell, outside the main built up part of the

village. The site is elevated and will require careful landscaping and mitigation measures. Development of the highest ground should remain as undeveloped green infrastructure.Low density and good design will be required to respect the existing character of edge-of village housing and conservation area.  The site is currently bounded by hedgerow. Some loss of hedgerow would be required to enable access however, careful design should be considered to minimise this impact including incorporating new hedgerow into the design of the development.

 

3.224b This site lies in an area of archaeologicalpotential with the Historic Environment Record recoding prehistoric activity. Any application will need to be accompanied by archaeological investigation and appropriate mitigation.

 

3.224c The Highway Authority has advised that any development of thesite should only commence once improvements to the A361 junction have been implemented to create west facing slip roads to enable direct access to and from the west.  The site is required to meet additional housing need arising from the allocation at Junction 27 of the M5 motorway.  Accordingly it shall only come forward following the commencement of development on that site.

 

With the following Plan

 

 

Following debate and upon a vote being taken, the FURTHER AMENDMENT was declared to have been CARRIED.

 

 

 

Councillor Mrs J Roach MOVED and AMENDMENT seconded by Councillor R J Chesterton that resolution (e) be added as follows:

 

96 (e) Policy S1 Sustainable development priorities

 

(g) Delivering a wide choice of high quality homes through a diverse housing mix and by meeting the housing needs of all sectors of the community including the provision of accessible housing for older people and people with a disability, those wishing to build their own home, affordable housing and gypsy and traveller pitches.

 

Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.

 

2)COMMUNITY INFRASTRUCTURE LEVY CHARGING SCHEDULE (MINUTE 97)

 

a)    The Leader MOVED seconded by Councillor R J Chesterton:

 

THAT the recommendation of the Cabinet as set out in Minute 97 (a) be ADOPTED

 

Upon a vote being taken, the MOTION was declared to have been CARRIED.

 

b)    The Leader MOVED seconded by Councillor R J Chesterton:

 

THAT the recommendation of the Cabinet as set out in Minute 97 (b) be ADOPTED

 

Upon a vote being taken, the MOTION was declared to have been CARRIED.

 

c)    The Leader MOVED seconded by Councillor P H D Hare-Scott:

 

THAT the recommendation of the Cabinet as set out in Minute 97 (c) be ADOPTED

 

Upon a vote being taken, the MOTION was declared to have been CARRIED.

 

d)    The Leader MOVED seconded by Councillor C R Slade:

 

THAT the recommendation of the Cabinet as set out in Minute 97 (d) be ADOPTED

 

Upon a vote being taken, the MOTION was declared to have been CARRIED.

 

3.            LOCAL DEVELOPMENT SCHEME (MINUTE 98)

 

The Leader MOVED seconded by Councillor R J Chesterton:

 

THAT the recommendation of the Cabinet as set out in Minute 98 be ADOPTED.

 

Upon a vote being taken, the MOTION was declared to have been CARRIED.

 

Notes:

 

(i)    With regard to Minute 96, Cllr P H D Hare-Scott declared a personal interest with regard to his pension with Friends Life (in line with his statement at previous meetings when J27 was discussed). He also stated that he lived near proposed sites in Crediton but that this did not affect him directly.

 

(ii)  Cllrs Mrs J Roach and T W Snow requested that their vote in relation to Minute 96(b) be recorded.

 

(iii)*Report previously circulated; copy attached to the signed minutes.