Skip to main content

Agenda item

THE PLANS LIST (00-30-42)

To consider the planning applications contained in the list.

 

Minutes:

The Committee considered the applications in the plans list *. 

 

Note:   *List previously circulated; copy attached to the signed Minutes.

 

(a)       Applications dealt with without debate.

 

In accordance with its agreed procedure the Committee identified those applications contained in the Plans List which could be dealt with without debate.

 

RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:

  

(i) No 7 on the Plans List (17/01464/FULL – retention of change of use from shop (A1) to Tattoo and Piercing Studio )(Sui Generis) – 17 West-Exe South, Tiverton)be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

(Proposed by the Chairman)

 

Note:  Cllr R L Stanley declared a personal interest as Cabinet Member with property sat within his portfolio.

 

(b)          No 1 on the Plans List (17/00982/MFUL – Erection of 49 dwellings, including associated public open space, landscaping and all other associated external work – land at NGR 284671 100838 Cromwell’s Meadow, Crediton.

The Area Team Leader outlined the contents of the report highlighting by way of presentation the site location plan sitting adjacent to the existing Cromwell’s Meadow estate, the adopted and emerging policies, the development would be located outside of the flood plain, the concerns of the Town Council and the updated position of South West Water.  He outlined the proposed site layout and the pedestrian connection into the existing site, the affordable housing distribution on the site, parking provision, the open space proposed and the connection to the proposed Pedlarspoool site allocation.  The proposed street scene and design types were identified, along with the drainage strategy, the refuse storage and collection points, elevations of the proposed dwellings and photographs from various aspects of the site.

 

Consideration was given to:

 

·         The parking provision

·         The drainage scheme and management of the attenuation ponds

·         Flood history, high water tables and sewage issues

·         The density of the proposal and possible over development of the site

·         The site being allocated in the Allocation and Infrastructure Development Plan Document

·         The distribution of the affordable housing

·         The lack of a 5 year land supply and the reasoning as to why the development of 49 dwellings was being brought forward at this time

·         Consultation feedback from South West Water and Devon County Highways Authority

 

 

RESOLVED that planning permission be granted subject to:

 

·         The prior signing of a S106 Agreement relating to the provision of  35% affordable housing on site (a total of 17 units), air quality contribution of £139,008.00, an open space contribution of £40,768.00 and an education contribution of £179,487.00

 

·         Conditions as recommended by the Head of Planning, Economy and  Regeneration with an amendment to  Criterion D of Condition 6 as follows: D) A site compound and car park shall have been constructed on site in accordance with details that shall have been submitted to and approved in writing by the local planning authority.

 

 

(Proposed by the Chairman)

 

Notes: 

 

i)          Mrs Phillips spoke on behalf of the objectors;

 

ii)         Mr West (Applicant) spoke;

 

iii)       Cllr J M Downes spoke as Ward Member;

 

iv)       Cllr F W Letch requested that his vote against the decision be recorded;

 

v)         The following late information was provided:

 

Page 22:  In the proposed development section amend the third bullet point to delete the following words from the report: each with a double garage and 2 car parking spaces. This is a drafting error.

 

Page 22:  In the applicants supporting information section update the plans as listed as follows. These revised plans reflect the changes to the layout that were agreed and assessed as set out in the report but with a delay in the plans being submitted.

 

Site layout plan (rev P5), Materials Layout (rev P4), Affordable Housing Distribution Plan (rev P4), Building Storey Heights Plan  (rev P3), Street scene drawing (rev P3) Public Open Space Area Plan (rev P2): Revised date 13th November and as received on 17th November.

Drainage and Transport drawings prepared by Vectos: Revised date 13th November and as received on 17th November.

 

Page 19: Flood Risk Assessment & Drainage Strategy prepared Vectos: Revised date 13th November and as received on 17th November.

 

Page 29: Following further consideration at their meeting on 21st the Town Council have submitted the following further comments about the application.

 

To recommend OBJECTION to the application on the following grounds:

 

•             It is overdevelopment of the site.  The Local Plan Policy CRE3 has allocated 35 dwellings on the site, however, this application proposes 49 dwelling.

•             South West Water sewerage system is incapable of coping with the current capacity generated from dwellings in the surrounding area such as Cromwells Meadow, Willow Walk, Hedgerow Close, Primrose Way etc.  There are regular occurrences of the pumping station breaking down resulting in raw sewerage overflowing into the gardens of properties. The introduction of further dwellings on to the system will exacerbate these issues causing increased public health issues.

•             The proposed development site is still a flood plain and has regularly flooded in the past.  Raising the level of the development does not remove it from being on a flood plain.  Neighbouring properties surrounding the development will be impacted by water run-off from the level being raised. 

•             The installation of an attenuation pond to accommodate surface water run-off is insufficient mitigation for the level of surface water run-off. It is questionable as to whether the drainage ditch located at the southern boundary will be able to cope with the increased volumes of water from the attenuation pond, as this already accommodates water run-off from other areas. This development could increase the risk of flooding elsewhere due to water run-off.

•             The Management of the attenuation pond is of concern as this will be the responsibility of the residents of the development, who will not have the knowledge or expertise for such an important liability.

•             The access to the site via Willow Walk is unsuitable.  Willow Walk is unable to accommodate the increased level of traffic and parking that this development will generate.  

•             There is no play space on the site.

•             There is no consideration for walking and cycling routes.

 

Case officer comments: The views of statutory consultees are set out above regards the flood risk, surface drainage and foul water impacts that are referred to by Crediton Town Council.  The other issues as raised are addressed in the main body of the report.

 

Page 37. Please re-draft Criterion D of Condition 6 as follows:

 

D) A site compound and car park shall have been constructed on site in accordance with details that shall have been submitted to and approved in writing by the local planning authority.

 

Page 38. Please correct the drafting as set out in the report in terms of the phrase land rising to land raising.

 

Following a number of concerns expressed by local stakeholders and the Town Council further clarification has been provided direct by the Planning and Sewer & Adoptions Team at South West water – comment below received via email on 28th November.

 

I have reviewed the site at Cromwell Meadow and based on foul flows only entering the foul/combined sewerage network, South West Water has not identified any hydraulic overloading issues in the public sewerage network.  Therefore, the comment to advise SWW has no objection stands and we will not request a condition for the planning application.

 

Officer Comment. The scheme includes a new foul link to serve the new development which links to the existing public fowl sewer connection at Willow Walk, with a separate arrangement to manage surface water (including a diversion of the existing surface water sewer that serves the existing Cromwells Meadow Housing estate).

 

Reflecting on the controls imposed by Condition 21 as recommended in the report, the scheme details as described above and the clarification provides by the Planning and Sewer & Adoptions Team it is recommended that members have sufficient information and clarity to conclude positively on this issue from a (town and county planning)  development management assessment point of view.

 

 

(c)          No 2 on the Plans List (17/01487/HOUSE – Retention of replacement two-storey outbuilding – 6 Forestry Houses, Chenson, Chulmleigh).

The Area Team Leader outlined the contents of the report explaining that the application related to a 2 storey building already constructed to the rear of the property, he highlighted the site location plan and the outbuilding away from the main building on the site and provided photographs from various aspects which included pictures of other buildings used for storage.

 

Consideration was given:

 

·         The rural location

·         The fact that the remoteness didn’t mean it was acceptable

·         The siting of a greenhouse in the shade

 

 

RESOLVED that the application be refused as recommended by the Head of Planning, Economy and Regeneration.

 

(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr P J Heal)

 

Notes: 

 

(i)           Cllr C J Eginton spoke as Ward Member;

 

(ii)          The following late information was reported: Page 45: Reason for Refusal number 2. add the following sentence to the reason as drafted in the Report pack. On this basis the application proposals (retrospective) would be contrary to Policy COR18 of the Mid Devon Core Strategy (Local Plan Part 1).

 

 

(d)          No 3 on the Plans List (17/01414/FULL – Conversion of disused former office/workshop/store to dwelling – building at NGR 268200 111519, Eggesford Station Yard, Eggesford).

The Area Team Leader outlined the contents of the report by way of presentation highlighting the site location plan, the fact that the development was proposed in the open countryside, the existing building that was to be converted, the existing, proposed plans, elevations and photographs from various aspects of the site.

 

Consideration was given:

 

·         Previous applications on the site

·         The fact that the building was a former office and rest area used in conjunction with Eggesford Garage but outside the settlement limit

·         The footprint of the original building

·         The proposal would be adjacent to Eggesford Station and therefore ideally situated for train travel

·         Houses in the vicinity of the application site

·         The benefits of conversion

·         The need for starter homes in the local area

·         Employment opportunities in the local area

 

 

RESOLVED that:

 

a)    The application be granted planning permission for the following reason: The Local Planning Authority recognise that the application site is in the open countryside and is not an allocated site for new residential development and therefore there is no specific development plan policy support for the application scheme which is for the conversion and extension of a single storey dilapidated garage style/storage unit into a residential unit with accommodation over two levels, off street car parking and a rear garden area. However  taking into account the provisions of paragraph 14 of the National Policy Framework,  the improvements to the visual amenities of the site and to the general area that would arise from the application scheme and given the proximity of the site to the Eggesford Train Station the benefits of the proposals are considered to outweigh the objections on development plan policy grounds.

 

b)    Delegated authority to be given to the Head of Planning, Economy and Regeneration to produce a set of conditions for the development to include reference to contaminated land and to also produce a Section 106 agreement for the provision of contributions towards  the delivery of new/improvement  of existing public open space off site.

 

(Proposed by Cllr R L Stanley and seconded by Cllr  R J Dolley)

 

 

Notes: 

 

(i)            Cllr J D Squire declared a personal interest as the applicant was known to him;

 

(ii)        Mr Churchill (Applicant) spoke;

 

(iii)         Cllr C J Eginton spoke as Ward Member;

 

(iv)         A proposal to refuse the application was not supported;

 

(v)          The following late information was provided: The consultation period has finished and no further comments have been received.

 

The applicant has submitted a further letter in support of the application (23/11/2017) which raises the following issues:

 

1.         A site visit was carried out at the time of displaying the site notice (25/10/2017) and it was not considered that a further visit was necessary. Furthermore the applicant was advised that Planning Committee could decide to make a site visit should they consider it necessary as part of their assessment of the application.

 

2.         The applicant considers that the proposal is permitted development by virtue of Class O of the Town and Country Planning (General Permitted Development)(England) Order 2015 (as amended) which allows the change of use of a building and any land within its curtilage from a use falling within B1(a) (offices) to C3 (dwelling).

 

3.          

Officer comment: the building appears as a functional garage/ store type building and there was no evidence to suggest that it has been used, or furnished for use, as an office. As such it is considered unlikely that the building would qualify for change of use under these permitted development rights unless the applicant can submit evidence to demonstrate its use as an office in accordance with Class O. In addition, the Class O permitted development rights would not allow the significant alterations to the building that are proposed as part of the application scheme.

 

 

(e)          No 4 on the Plans List (17/011797/MFUL – Erection of 28 affordable dwellings, together with associated landscaping, highways and drainage infrastructure – land at NGR 303340 110341 (Land off Silver Street) Willand).

The Planning Officer outlined the contents of the report by way of presentation highlighting the site location adjacent to the 7 affordable dwellings already in situ.  She explained that each dwelling would have 2 parking spaces in line with policy, identified the communal bin storage area and the boundary treatment plan, access to the site, the dwelling sizes and design, elevations and floor plans and provided photographs from various aspects of the site.  The developer had put forward an offer of funding to go towards education provision in the village and stated that the Parish Council had requested that the 30 mph zone be moved, the Highway Authority had confirmed that it would not support such a proposal, however this could be pursued further by the Parish Council at a later date.

 

The officer provided answers to questions posed within Public Question Time:

 

·         With regard to the Parish Council viewing the S106 Agreement prior to signing  - this was not standard practice and would be dealt with by the Legal Department.

·         The Housing Need Survey commissioned by the Parish Council was 18 months old and that Devon Home Choice had up to date figures. With regard to other housing development in the area, this would still not meet the current need.

·         With regard to the Police comments, they were summarised, it was only the Parish Council representation that was provided in full.  The design of plots 14, 27 and 26  had all been amended so that the windows were on the side elevations.

·         Parking was not ideal, but there had to be a balance.

·         With regard to pedestrian links, the Highway Authority had stated that there was no need for those to be updated. Works to the hedgerow would take place to make walkways more friendly and no further work was required on the Right of Way.

·         With regard to the bungalow close to the public open space – this would provide a nice outlook from the dwelling; this was a green area and not a formal play area.

·         With regard to the policy framework, this was an allocated site and therefore in the current plan.

·         Condition 6 – this was enforceable and a standard condition.

 

Consideration was given to:

 

·         The access to the proposed dwellings would be outside the 30 mph zone

·         The Section 106 financial information was available on the update sheet

·         Parking issues

·         The Housing Needs Survey and information provided by Devon Home Choice

·         The housing need in the area

·         The housings would be for social affordable rent

·         Whether the application should be deferred to consider further the housing need

·         The land allocation and whether it was required at the current time

·         The advice of the Housing Options Manager with regard to the demand for affordable housing in the village

·         The need for the Mid Devon cascade  policy to be in place

 

 

RESOLVED that the application be granted planning permission subject to the prior signing of a S106 agreement relating to affordable housing provision in perpetuity and the provision of an education contribution with conditions as recommended by the Head of Planning, Economy and Regeneration.

 

(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)

 

Notes: 

 

(i)            Cllr R L Stanley declared a personal interest as Cabinet Member for Housing;

 

(ii)        Mr Hourican spoke on behalf of the agent;

 

(iii)       Cllr Warren spoke on behalf of Willand Parish Council;

 

(iv)       Cllr R Evans spoke as Ward Member;

 

(v)          The Chairman read a statement on behalf of Cllr R J Chesterton (Ward Member);

 

(vi)         Mr Parker (Mid Devon District Council - Housing Options Manager) spoke;

 

(vii)       Cllrs: Mrs C A Collis,  Mrs G Doe and R F Radford requested that their vote against the decision be recorded;

 

(viii)      The following late information was reported: 1 - Further comments from Willand Parish Council received on the 27th of November:

 

Willand Parish Council considered the revised plans at the meeting on 23 November and is concerned that the revision takes little or no account of the numerous concerns raised by it and other consultees and respondents. The Parish Council wish to stand fully by their earlier representations.

 

Further comments from the Highway Authority in relation to moving the 30mph zone: The Highway Authority has confirmed that it would not be reasonable to condition a Traffic Regulation Order as it requires consultation and if it is objected to it may not go ahead. Highways have confirmed they would not be able to support moving the 30mph zone, as the Traffic Engineers stated that the 259 houses proposed (recently refused at appeal) did not require this change. The Highway Authority have advised that this matter could be pursued by the Parish with County Traffic Engineers.

 

Updated need figures for Willand and surrounding Parishes

 

All Devon Home Choice figures contained within the tables below show the number of people within each area with a need for affordable rented accommodation. The figures only show persons who live or work in each of the respective parishes at present. The figures are as of the end of November 2017.

 

Uffculme:

Banding for Uffculme

Bedroom Need

Band B

Band C

Band D

Band E

Grand Total

1

1

4

10

21

36

2

2

3

4

11

20

3

2

3

1

4

10

4

2

2

Grand Total

5

12

15

36

68

 

 

Halberton:

Count of Bedroom

Banding for Halberton

Bedroom

Band B

Band C

Band D

Band E

Grand Total

1

3

1

3

4

11

2

1

3

5

9

3

2

1

3

Grand Total

4

3

6

10

23

 

 

 

 

 

 

 

Willand:

Banding for Willand

Bedroom Need

Band B

Band C

Band D

Band E

Grand Total

1

4

21

19

44

2

1

5

2

14

22

3

1

2

4

7

4

3

3

5

1

1

Grand Total

3

14

23

37

77

 

Needs Summary for Uffculme and Halberton:

The total number of affordable houses coming forward in Uffculme (including two sites adjoin Uffculme but within the Halberton parish) is known to be 36. These affordable dwellings are coming forward through the following planning permissions:

 

15/00108/MOUT; 17/01370/MARM – Outline planning permission for 60 houses (Harvesters), with reserved matters pending consideration. This site will provide 21 affordable houses.

 

17/00300/MOUT – Outline planning permission for 30 houses, adjacent to the Harvesters site – to provide 11 affordable houses.

 

17/00106/MOUT – Outline planning permission for 16 houses at Ashley Road Uffculme, pending decision, agreement to grant subject to a S106 – this site will provide 4 affordable dwellings.

 

The 21 affordable dwellings at the Harvesters site is proposed to be jointly prioritised to the parishes of Uffculme and Halberton. The need for Uffculme and Halberton at the current time is 91, or 45 excluding band E. The need for Uffculme and Halberton will not be fully met by the development known to be coming forward in the Uffculme/Halberton area. As such, these developments are highly unlikely to contribute towards meeting the affordable housing need of Willand.

 

Needs Summary for Willand:

The most up to date figures show a need of 77 affordable houses, 40 excluding band E.

13/00993/FULL – Fir Close provided 7 units in June 2016, all are occupied.

 

Policy WI1 –  in the emerging plan which holds very limited weight at this time due to the outstanding objections would provide 13 affordable homes if 30% affordable housing is provided as per the allocation. At the current time there are no timescales for the development of this site; development could be a number of years away.

 

Application 17/00652/MOUT is pending consideration. This application proposes 10 social rented houses. As this application is yet to be determined it is unclear whether these units will gain permission.

The current pending application and forthcoming allocation, along with the current application (17/01179/MFUL) would provide a total of 51 affordable homes. The applications combined would not meet the total need of Willand which is 77 units. In addition, the current application for 28 homes intends to meet the current need, whereas the timescales for the other developments is unknown. The proposed allocation isn’t likely to be complete for a number of years and therefore will not address the current need, but is capable of helping to address any outstanding or future need.

 

Education contribution:

The education contribution agreed with the applicants is £38,461.50.

 

(ix)      Cllr R F Radford left the meeting at this point.

 

(f)            No 5 on the Plans List (17/01292/FULL – Erection of 3 dwellings following demolition of existing livestock building – land and buildings at NGR 295566 125028 (Veltham Barn) Morebath).

 

As reported earlier in the meeting this item had been deferred to allow for further information to be provided.

 

(g)          No 6 on the Plans List (17/01395/FULL – Erection of 5 dwellings with associated parking following demolition of industrial units – The Garage, Silverton)

The Principal Planning Officer outlined the contents of the report by way of presentation highlighting the site location plan, 150 metres outside of the settlement limit, (the site being allocated within the emerging Local Plan Review (Policy SI2).  He outlined the block plan of the proposal, the existing arrangements, parking provision, visibility splays, elevation and design plans.

 

Consideration was given to:

 

·         Highway safety and possible overspill of parking onto a busy road

·         The lack of a footpath

·         The absence of a 5 year land supply

·         The efficiency of the site layout

·         The design of the proposed dwellings

·         The Parish Neighbourhood Plan (which had not been submitted)

·         The views of the Highway Authority

 

 

RESOLVED that the application be granted planning permission subject to the prior signing of a S106 agreement with regard to:

 

·         Public Open Space contribution of £6,250 allocated to Provision of a new junior multiplay unit at Ellerhayes Play Area, Silverton

 

·         Public Open Space monitoring fee of £110.80

 

·         A contribution of £16,440 [based on the DfE extension rate of £21,921 per pupil] towards additional education infrastructure at the local secondary school

 

·         A contribution of £2,546 towards secondary school transport costs due to the development being further than 2.25 miles from Clyst Vale Community College.

 

And conditions as recommended by the Head of Planning, Economy and Regeneration with an amendment to Condition 7 to add the following wording has been submitted to and approved in writing by the Local Planning Authority” at end.

 

(Proposed by Cllr B A Moore and seconded by Cllr Mrs H Bainbridge)

 

Notes: 

 

(i)        Mrs Bennett spoke in objection to the application;

 

(ii)        Ms Lyle spoke on behalf of the agent;

 

(iii)       Cllr  Mrs J Roach spoke as Ward Member;

 

(iv)     The following late information was provided:

 

First Update - Pg 90 bottom of page “roof within the roof” should be room within the roof

Second Update - Pg 95 condition 7 needs to be updated so it reads “has been submitted to and approved in writing by the Local Planning Authority” at end.

 

Full condition should read as follows:

 

‘7. Prior to development commencing, the applicant shall carry out a detailed investigation, site characterisation and risk assessment aimed at identifying the full extent and type of land contamination present and the measures to be taken to ensure that no significant pollutant linkages will exist on the site following development. The assessment should include for all possible human health, controlled water, ecosystem and building receptors. This will include identifying the presence or lack thereof of any buried fuel storage tanks prior to any site demolition. A report of the investigation and its recommendations shall be submitted for approval to the Local Planning Authority for consultation with Environmental Health Services [and other agencies if required].

 

If required, a site remediation statement shall be submitted for approval to the Local Planning Authority for consultation with Environmental Health Services (and other agencies if required). Following completion of any required remediation works, a validation report shall be submitted to the Local Planning Authority for consultation with Environmental Health Services [and other agencies if required]. Development on the site shall not commence until the land contamination investigation report and remediation have been approved in writing. Occupation on the site, or parts of the site affected by land contamination, shall not take place until the validation report has been submitted to and approved in writing by the Local Planning Authority.’

 

Third Update -

 

One additional letter of objection received from Ros & Steve Bennett of Elbury House - The objections are summarised as follows:

 

Concern over insufficient parking for the development and that parking will spill out into the narrow road.

A restrictive covenant requires a turning head to be retained for use of neighbouring residents to the front of the site.

Parking in the area to the front will restrict visibility to residents of neighbouring property exiting onto the road.

The Local Highway Authority objected to a development of a dwelling on this site previously (07/00262/FULL) due to the substandard nature of the approach roads and remoteness of the site.

There is a septic tank, soakaway and drainage field the currently occupies approximately one third of the site which serves Elbury House and is protected.

 

Fourth Update

 

For Members interest, with respect to the allocation of the site within the emerging local plan (Policy SI2 – The Garage, Silverton for 5 dwellings), three representations were received during the Local Plan Review Proposed Submission Consultation in 2015, all being supportive. No further representations were received in 2017 following the Local Plan Submission Consultation.

 

 

(h)          No 8 on the Plans List (17/0826/MFUL – Erection of 3 poultry houses and ancillary buildings following demolition of 2 existing poultry units – Land at NGR 291466 112201 Jurishayes, Withleigh)

The Area Team Leader outlined the contents of the report by way of presentation highlighting the site location plan, the existing poultry houses, the proposed levels and access arrangements, the storm water strategy and landscaping of the proposed bund, the existing and proposed elevations and photographs from various aspects of the site

 

Consideration was given to:

 

·         The height of the proposed poultry house

·         The waste management strategy

·         Noise levels

·         Concerns of local residents with regard to odour, dust and ammonia

·         Possible visual impact of the proposal

 

 

RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

 

(Proposed by Cllr R L Stanley and seconded by Cllr P J Heal)

 

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 as she had received correspondence regarding the application;

 

(ii)        Cllr R J Dolley declared a personal interest as he knew the farmer, was the Ward Member and had been on site;

 

(iii)       Mr Burgess (Objector) spoke;

           

(iv)       Cllr R J Dolley spoke as Ward Member.

 

 

 

Supporting documents: