To consider the planning applications contained in the list.
Minutes:
RESOLVED that the following applications be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 5 on the Plans List (17/01251/FULL – Installation of new shop front – 10 Market Walk, Bampton Street, Tiverton) be approved subject to the receipt of no representations raising new issues by 12 September 2017, the Head of Planning, Economy and Regeneration be given delegated authority to grant permission subject to conditions
(Proposed by the Chairman)
(b) No 1 on the Plans List (17/00001/MOUT – Outline application for the erection of 7 dwellings, improvements to access and change of use of agricultural land to community facility - land and buildings at NGR 294119 106891 (Adjacent to Highfield) Bickleigh)
The Head of Planning, Economy and Regeneration outlined the contents of the report highlighting by way of presentation the issues being addressed within the outline application, that of improvements to the access and the change of use of agricultural land to a community facility. Members viewed a site location plan which identified the area of the conservation area and the listed buildings close to the proximity of the site, the distance from the school, an indicative layout of the proposed dwellings, plans for scale purposes and photographs from various aspects of the site.
Having identified the area for the play area she explained that she had spoken with the school and the County Council Education Department to see if there was an appetite for the school to make use of the open space as a sports field by agreement. She reported views received that the area would be surplus to requirements and that the area would be of no benefit to the school.
Consideration was given to:
· The grade of the agricultural land
· The setting in the midst of the Conservation Area and the impact on the listed buildings including Bickleigh Castle
· Possible screening of the site
· The impact on the hedgerow and the narrowness of the access road
· Safety issues with regard to pedestrians walking to the school
RESOLVED that planning permission be refused as recommended by the Head of Planning, Economy and Regeneration for the following reasons:
1. The Local Planning Authority has a statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character of a Conservation Area. Section 66 of the Act indicates that the Local Planning Authority is to have special regard to the desirability of preserving a listed building or its setting. In addition, local and national policy attaches great weight to the conservation of heritage assets and there is a strong presumption against granting permission for development which does not preserve or enhance a Conservation Area. The sense of enclosure created by the existing hedgerow and the narrowness of the lane forms part of the character and appearance of the Conservation Area. Consequently, the creation of a vehicular access and its associated visibility splay would detract from the character and appearance of the Conservation Area and result in less than substantial harm to the designated heritage assets. The benefits of the proposal do not outweigh the proposal's adverse lasting impacts on that character and appearance and the appreciation of the setting of a group of listed buildings to the east of the site. This would be contrary to the statutory duty and policies COR2 of the Mid Devon Core Strategy (LP1), DM2 and DM27 of the Local Plan Part 3 Development Management Policies and the National Planning Policy Framework.
2. The proposed development is likely to generate an increase in pedestrian traffic on a highway lacking adequate footways with consequent additional danger to all users of the road contrary to paragraph 32 of the National Planning Policy Framework and policies COR1and COR9 of the Mid Devon Core Strategy (Local Plan Part 1).
(Proposed by Cllr B A Moore and seconded by Cllr F W Letch).
Update - immediately following the committee meeting, the agent withdrew the application.
Notes:
(i) Cllrs R J Dolley and C J Eginton declared personal interests as the applicant was known to them;
(ii) Cllrs Mrs H Bainbridge, Mrs C A Collis, Mrs F J Colthorpe, R J Dolley, C J Eginton, P J Heal, D J Knowles, F W Letch, B A Moore and J D Squire 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;
(iii) Mr Hay spoke as an objector;
(iv) Mr McNeil spoke on behalf of the applicant
(v) Cllr Harrison (Bickleigh Parish Council) spoke in objection to the application;
(vi) The following late information was reported: Updated comments received from Local Lead Flood Authority – 4th September 2017
Our objection is withdrawn and we have no in-principle objections to the above planning application at this stage, assuming that the following pre-commencement planning conditions are imposed on any approved permission:
- No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. The design of this permanent surface water drainage management system will be in accordance with the principles of sustainable drainage systems, and those set out in Drawing No. 70029096-DR101-A (Rev. A, dated 20/03/2017)
Reason: To ensure that surface water runoff from the development is managed in accordance with the principles of sustainable drainage systems.
Advice: Refer to Devon County Council’s Sustainable Drainage Guidance.
No part of the development hereby permitted shall be commenced until the detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction has been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. This temporary surface water drainage management system must satisfactorily address both the rates and volumes, and quality, of the surface water runoff from the construction site.
Reason: To ensure that surface water runoff from the construction site is appropriately managed so as to not increase the flood risk, or pose water quality issues, to the surrounding area.
Advice: Refer to Devon County Council’s Sustainable Drainage Guidance
No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority.
Reason: To ensure that the development’s permanent surface water drainage management systems will remain fully operational throughout the lifetime of the development.
Observations:
Further to our comments within our consultation response dated 17/01/2017, the applicant's consultant engineers have submitted additional information in their email dated 02/05/2017; which addresses our concerns. Drawing No. 70029096-DR101-A (Rev. A, dated 20/03/2017) and associated calculations detail an appropriate surface water strategy and therefore we remove our objections subject to the above conditions.
Update to recommended reasons for refusal:
Reason 3 to be deleted due to the withdrawn objection from the Local Lead Flood Authority. Their recommended conditions can be applied in the event planning permission is granted.
Reason 4 to be deleted: The agent has indicated that her client is willing to sign a S106 agreement to secure public open space, affordable housing (off site contribution) and requested financial contribution towards secondary school transport. In the vent that planning permission is to be granted it can be made subject to a S106 to cover these aspects.
Other matters:
Playing field: The agent has advised on the proposed terms upon which the facility would be made available to the school and maintained. The scheme provides for delivery of the prepared facility to the school on an initial 10-year lease term on a peppercorn rent and maintained under a bond by the applicant. The lease would be renewable for the same term, the school taking the obligation to maintain at a cost estimated by the school at between £800-900 pa. Upon the expiration of that second term the school would have the option to acquire for £100.The applicant has indicated a willingness to commit to a Unilateral Undertaking on this matter.
Impact upon Conservation Area:
Consultants acting for the applicant do not consider the access works erode the enclosed character and refer to the ability to set back the exiting hedge. The Council’s Conservation Officer sustains her recommendation of refusal.
Observations:
Further to our comments within our consultation response dated 17/01/2017, the applicant's consultant engineers have submitted additional information in their email dated 02/05/2017; which addresses our concerns. Drawing No. 70029096-DR101-A (Rev. A, dated 20/03/2017) and associated calculations detail an appropriate surface water strategy and therefore we remove our objections subject to the above conditions.
(c) No 2 on the Plans List (17/00878/MOUT – Outline application for the erection of up to 16 dwellings with associated access, landscaping and other ancillary development – land at NGR 292294 101802 (South of Broadlands) Thorverton).
The Head of Planning, Economy and Regeneration outlined the contents of the report highlighting by way of presentation the site location plan, the details of the access to the site and footway plan, the indicative layout of the proposed dwellings and photographs from various aspects of the site. She informed the meeting of the proposed allocation within the Local Plan Review for 12 dwellings and the issue of the 5 year land supply and highlighted the amount of affordable housing on the site.
In answer to questions posed in public question time, she provided the following answers: with regard to traffic generation from the site, she stated that there had been no objection from the Highway Authority and that a suite of conditions was in place to address those issues; with regard to there being a more appropriate site in another part of the village, there was a need for the Members to determine the application they had before them. Issues with regard to affordable housing had already been dealt with. She explained that the site was proposed to be allocated within the emerging Local Plan Review for 12 dwellings, the proposed allocation had not been tested and therefore held little weight, but it had been proposed within the plan that the site was appropriate for development.
Consideration was given to:
· The principle of development on the site
· The ratio of cars per dwelling
· The detail of the proposal within the outline application
· The footpath from the site to the village
· The amendment to the settlement limit proposed within the emerging Local Plan Review
RESOLVED that planning permission be granted subject:
i) to the signing of a S106 agreement to secure the following:
· £7994.00 public open space contribution
· £9975.00 towards transport to secondary school
· 30% affordable homes
(ii) Conditions as recommended by the Head of Planning, Economy and Regeneration with amendments to: Condition 4 - cross refer to condition 1 not CO1. Condition 11 - remove ‘in consultation with Devon County Council as the Lead Local Flood Authority’. Condition 15 - remove ‘in consultation with Devon County Council as the Lead Local Flood Authority’. Condition 16 - remove ‘in consultation with Devon County Council as the Lead Local Flood Authority’’. Add at end of condition ‘Adoption and maintenance arrangements shall be in accordance with the approved details’
Condition 17 - remove ‘in consultation with Devon County Council as the Lead Local Flood Authority’’. Add at end of condition ‘The surface water drainage management system shall be in accordance with the approved details’
(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)
Notes:
(i) Mr Cashmore spoke in objection to the application;
(ii) Mr Jonathan Hoban (Agent) spoke;
(iii) Cllrs R J Dolley and F W Letch requested that their vote against the decision be recorded;
(iv) The following late information was reported: Revised recommendation:
Subject to the signing of a S106 agreement to secure the following : £7994 public open space contribution; £9975 towards transport to secondary school; 30% affordable housing and conditions; permission be granted.
Amendments to conditions:
4. cross refer to condition 1 not CO1.
11. Remove ‘in consultation with Devon County Council as the Lead Local Flood Authority’.
15. Remove ‘in consultation with Devon County Council as the Lead Local Flood Authority’ ’.
16. Remove ‘in consultation with Devon County Council as the Lead Local Flood Authority’’. Add at end of condition ‘Adoption and maintenance arrangements shall be in accordance with the approved details’
17. Remove ‘in consultation with Devon County Council as the Lead Local Flood Authority’’. Add at end of condition ‘The surface water drainage management system shall be in accordance with the approved details’
(d) No 3 on the Plans List (17/00886/MOUT – Outline application for the erection of 30 dwellings and new vehicular and pedestrian accesses – land at NGR 305578 112053 – Uffculme Road, Uffculme).
The Head of Planning, Economy and Regeneration outlined the contents of the report stating that although this was a stand-alone application it was a duplicate to the previous application on the site which was currently in the process of being appealed. The officers recommendation remained for the application to be approved, however the Committee had resolved to refuse the previous application at its meeting in June 2017.
She highlighted by way of presentation the site location plan and made reference to the adjacent ‘Harvesters’ site which had gained approval via appeal. Members viewed the proposed vehicular and pedestrian access and the proposed link to the ‘Harvesters’ site and photographs were shown from various aspects of the site.
Referring to the questions posed in public question time she provided the following answers: with regard to the S106 contributions on the earlier application, she would correspond with the case officer and provide a response; the former case at ‘Harvesters’ had identified the lack of a 5 year land supply, prior to the outcome of the appeal, the Local Planning Authority had not been challenged having adopted the existing Local Plan. Some of the larger sites had taken longer to construct and therefore there was no immediate supply, the emerging Local Plan Review would re-set the 5 year land supply; in the meantime a housing contingency site had been released to bring forward a strategic site for development. With regard to the cumulative effect of development in the Uffculme area, this had been taken into consideration.
Consideration was given to:
· The cumulative effect of development in the area
· The previous application and reasons for refusal
· Why an identical application was being considered when the original was at appeal
· Highway issues
At this point, the Committee received some legal advice, informing it that they had the power (under Section 70(b) of the Town and County Planning Act 1990, as amended) to decline to determine the application as the previous application was still under the consideration of the Secretary of State and that the inspector had yet to issue a decision.
RESOLVED that the Local Planning Authority declined to determine this overlapping application under S70(b) of the Town and County Planning Act 1990 as amended.
(Proposed by Cllr B A Moore and seconded by Cllr R J Dolley)
Notes:
(i) Cllr Mrs F J Colthorpe made a declaration in accordance with the Protocol of Good Practice for Councillors in dealing with planning matters she knew the representative from Halberton Parish Council;
(ii) Cllr Hugill, (Halberton Parish Council) spoke as an objector;
(iii) Cllr Warren (Willand Parish Council – adjacent Parish Council) spoke;
(iv) Cllr R Evans spoke as an adjacent Ward Member;
(v) The following late information was reported: Reference to refusal reasons in this report relate to the decision on the previous application 17/00300/MOUT. Officers remain as that on the previous application, that it should be granted and are not recommending refusal.
Halberton Parish Council 11th July 2017:
The Council is unclear why this application has been allowed to be submitted again as it has previously been refused twice and there appear to be no amendments to the previous application. The Council’s objection to this application remains unchanged.
Previous views of the Parish Council of 24th March 2017 on previous application 17/00300/MOUT are given in full within the appendix.
(e) No 4 on the Plans List (17/00913/HOUSE – Erection of ancillary accommodation (revised scheme) – 3 Hayne Barton Cottages, Cullompton)
The Area Team Leader outlined the contents of the report highlighting by way of presentation the 4 cottages situated in the open countryside, he provided a site plan which identified the proposal within the grounds of No 3 Hayne Barton Cottages, and explained the differences between the approved scheme and the current application which now included a new treatment plant within the curtilage of No 3 Hayne Barton Cottages The proposed building would be ancillary to the dwelling house and that the conditions prevented the building being occupied independently from the main house.
Consideration was given to:
· The concerns of the owner of the neighbouring property with regard to whether the proposal would be used as ancillary to the main dwelling and foul water issues.
· The building had not been built in accordance with the original approved plans
· The proposed conditions should the application be approved
· The new treatment plant
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr P J Heal and seconded by the Chairman)
Notes:
(i) Cllrs Mrs H Bainbridge, Mrs C A Collis, Mrs F J Colthorpe, R J Dolley, C J Eginton, P J Heal, D J Knowles, F W Letch, B A Moore and J D Squire 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) Mrs Stuart spoke in objection to the application;
(iii) Cllr Mrs A R Berry spoke as Ward Member;
(iv) The following late information was reported: While the detached nature of the accommodation and fencing shown in the photographs might suggest that the accommodation might be a completely separate unit, it is confirmed that officers are recommending approval on the basis that the accommodation is ancillary to the main house. A planning condition has been recommended to ensure that the accommodation is not used, sold, let or otherwise disposed of as a separate unit. It is further noted that if the applicant wished to erect fences in this location, they could erect fences up to 2 metres in height under permitted development. The dwelling has full permitted development rights intact. The proposed unit of accommodation accounts for a modest 20 square metres of ancillary living accommodation.
Supporting documents: