To receive a updated report of the Head of Planning and Regeneration following consideration of the proposed footpath link between the new housing estate and Palmerston Park at the meeting on 30 November 2016.
Minutes:
The Committee had before it a *report of the Head of Planning and Regeneration providing updated information following consideration of the proposed footpath link between the new housing estate and Palmerston Park at a previous meeting.
The Area Planning Officer outlined the contents of the report highlighting discussions at a previous meeting when Members had deferred the decision to allow further discussion to take place with the developer with regard to the formation of a footpath between Howden Court and Palmerston Park. He outlined the revised route shown in appendix 2 of the report and the officer’s recommendation that policy AL/TIV/10 should be followed.
He explained by way of presentation the site layout and the route of the footpath as stated in the approved application, Members viewed photographs from various aspects of the site which included the existing footpath to Exeter Road.
Consideration was given to:
· Who would use the proposed footpath
· The fact that the Highway Authority did not propose to adopt the footpath
· Whether the footpath would improve the connectivity of the site to Palmerston Park
· Whether the area would be lit
· The area was not in the ownership of the developer and whether access would be restricted
· An offsite financial contribution towards the Palmerston Park play area that that had been paid as part of the original S106 agreement
· The Crime Support Officer’s original representation to the application
· Whether a financial contribution could be sought in place of a footpath in this instance
· The fact that the proposed footpath would be difficult for pushchair users or cyclists
· The fact that 95% of the residents did not want the path
· There were other footpaths/steps in Tiverton which were as steep
· The policy requirement
RESOLVED that: the requirement for the footpath link between the Howden Court development and Palmerston Park be waived and instead an offsite financial contribution be made towards enhanced pedestrian facilities in Tiverton town centre and that delegated authority be given to the Head of Planning and Regeneration to negotiate this in consultation with the Ward Members.
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)
Notes:
(i) Cllrs Mrs H Bainbridge, Mrs Collis, Mrs F J Colthorpe, R J Dolley, P J Heal, F W Letch, B A Moore, R F Radford, Mrs J Roach, J D Squire and R L Stanley made declarations in accordance with the Protocol of Good Practice for Councillors in dealing with Planning matters as they had all received correspondence regarding the application;
(ii) Cllr R J Dolley declared a personal interest as Ward Member as he had been involved in discussions regarding the application;
(iii) Cllr R L Stanley declared a personal interest as he knew some of the objectors;
(iv) Mr Reetz spoke on behalf of the objectors;
(v) Cllr Mrs Harrower spoke on behalf of Tiverton Town Council;
(vi) Cllr R J Dolley spoke as Ward Member and voiced the concerns of local people;
(vii) Cllr P J Heal requested that his vote against the decision be recorded;
(ix) Cllr R J Dolley requested that his abstention from voting be recorded;
(x) The following late information was reported: 30.11.2016 Members deferred making their final decision on whether the proposed link between the site and Palmerston Park as approved under LPA ref: 11/01927/MFUL, to allow officers to have further discussions with Heritage Homes and any other relevant land owning interests as to what could be achieved in terms of an off-site financial contribution in lieu of providing the link and on a quid pro quo basis.
1st February 2017
Five letters from the general public have been received since the report was published. One letter confirms support for the delivery of the footpath, and the other four letters raises concern about it being delivered given that there is considered to be very little support to use it as a route into Tiverton given the steepness of the route, and also concerns about as to who will liable for it given that Devon County Council have confirmed that they will not adopt or maintain it. The acceptability of the route through the estate and along Exeter Road into Tiverton is also highlighted.
One of the letters considers that the officer report does not articulate the views of local stakeholders. However, the report prepared for the meeting on the meeting on 30th November clearly set out the views of local residents and is attached as an appendix in the report pack. On this basis it is considered that views of local residents are clearly set out for Committee members.
(xi) *Report previously circulated, copy attached to minutes.
Supporting documents: