To consider the planning applications contained in the list.
Minutes:
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 2 on the Plans List (18/00033/HOUSE – Siting of 14 Renusol Console Mounting Bins for PV Solar panels, Bullock Barn, Bradiford Farm, Morchard Road, Crediton) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
(ii) No 3 on the Plans List (18/00063/HOUSE – Erection of a two storey extension, 26 Greenaway, Morchard Bishop) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
Note: The following late information was reported: Down St Mary Parish Council have confirmed they have no objection to the proposal.
(b) No 1 on the Plans List (17/01939/FULL – Erection of a dwelling, East View, Buller Road, Crediton).
The Area Team Leader outlined the contents of the report explaining the proposal for a single dwelling in the back garden of a property in Buller Road. He highlighted the site location plan, the association of the proposed dwelling adjacent to the established property and neighbouring properties, the size of the garden and parking proposal, the elevations and contemporary design of the proposal along with a roof plan showing the solar panels. Photographs were presented from various aspects of the site which highlighted the close proximity of the neighbouring properties and possible overlooking issues.
Consideration was given to:
· The proximity of the wall from the proposed dwelling
· The views of the applicant with regard to the location of the proposed dwelling, within walkable distance of the town, the contemporary design, the siting of the proposed dwelling so that any overlooking was limited.
· The views of the Ward Member who had visited the site and found that two dwellings in the space may be oppressive
· The size of the proposed dwelling and the size of the garden
RESOLVED that planning permission be refused as recommended by the Head of Planning, Economy and Regeneration
(Proposed by Cllr P J Heal and seconded by Cllr Mrs C A Collis)
Notes:
(i) Mrs Wilder (Applicant) spoke;
(iii) Cllr F W Letch spoke as Ward Member
(c) No 4 on the Plans List (17/01716/FULL – Reinstate access and farm track to agricultural land – land at NGR 292482 101905, School Lane, Thorverton).
The Principal Planning Officer outlined the contents of the report by way of presentation explaining the proposal for access to agricultural land, the existing access which had turning issues and required an alternative route to be taken. He provided a block plan, front elevation and a gateway plan of the proposal and provided photographs from various aspects of the site. He added that the Highway Authority had not raised any objections to the application neither had the Conservation officer. He highlighted the updated information in the update sheet which raised further objections to the application and the response of the Highway Authority to those points.
Members were made aware through the presentation that with respect to the update from the Local Highway Authority dated 22 February 2018, that whilst the update was written as how the response was received, point 7 of the Local Highway Authority response should have read as point 8, with the seventh point raised by the objector relating to there being no footpath along School Lane which did not require a response whereas point eight of the objection related to drainage which was addressed within point 7 in the Highway Authority response.
Referring to the questions posed in public question time, the officer stated that a written response would be provided to Mr Cashmore; with regard to the issue raised regarding damage to property, this was not a material planning consideration.
Consideration was given to:
· The steepness of the bank
· Whether it was necessary to have an additional access to the field
· The concerns of the objectors with regard to pedestrian safety, whether the new access was a physical possibility, the number of traffic movements already taking place on the road and the view that the applicant had alternative plans for the site.
· The views of the applicant with regard to the need for the new access for health and safety reasons, with a new access there would not be the need to reverse onto the road or to seek an alternative route to exit the village.
· The views of the Parish Council with regard to road safety, the walking route to the school, the gradient of the proposed slope and drainage and surface water issues
· The views of the Ward Member with regard to highway issues and the inadequacy of the submitted information
RESOLVED that the application be deferred to allow for a site visit to take place by the Planning Working Group to consider:
· The steepness of the application site
· The visibility splay
· Whether additional conditions, uses or methods of construction were required
· Pedestrian Safety
· The consequences of the application on the local amenity
and that the Highway Authority Representative be in attendance.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs J Roach)
Notes:
(i) Cllrs Mrs H Bainbridge, Mrs F J Colthorpe, Mrs C Collis, Mrs G Doe, R Evans, P J Heal, F W Letch, B A Moore, Mrs J Roach 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) Ms Greed spoke in objection to the application;
(iii) Mr Parr (Applicant) spoke;
(iv) Cllr Bright spoke on behalf of Thorverton Parish Council;
(v) Cllr R M Deed spoke as Ward Member;
(vi) The following late information was provided
Amendment to condition 2 as follows:-
Condition 2:
The development hereby permitted shall be carried out in accordance with the approved plans listed in the schedule on the decision notice. Following the implementation of the planning permission both the southern splay of the existing access and that of the northern splay of the proposed access shall remain open and be available for use thereafter.
Reason:
For the avoidance of doubt and in the interests of proper planning and to achieve safe access to and from the site in a manner which does not cause significant danger and inconvenience to other road users in accordance with Policy DM2 and DM22 of the Local Plan Part 3: (Development Management Policies).
Additional Parish Council response received:
Thorverton Parish Council – 14th February 2018
Thorverton Parish Council resolved to submit the following comments on this application:
1) The revised drawings do not provide the information required to address the objections raised by the local Highways Authority
2) No levels or sections have been shown and the drawings do not demonstrate that the access gradient can be achieved at one in ten
3) The retention of the bank appears to obstruct visibility above 600mm
4) Soakaway does not indicate a depth
5) An apron of 10 metres, as required by Highways, does not seem to have been addressed
6) Visibility splays should be shown in both directions and from both exits but are not.
Additional representation received:
Further 4 objections were received following receipt of the amended plans. Similar points have been raised as reported in the Committee Report but additional comments raised are summarised as follows:
• Drainage will run off the proposed concrete surface for both accesses into the highway
• How will soakaway and drainage be maintained and kept clear
• There are no details for the soakaway location/depth
One letter of objection as summarised below has been added as the Local Highway Authority has responded to the points raised:
1. This is a cynical Trojan horse application by the landowner to obtain a new access in the hope of residential development on a steep hillside, outside the 30 mph limit.
2. Measurements are not given for the retaining wall or the grass verge where the hedgerow is to be removed. The plan does not appear to be accurate on highway adjoining boundaries which may have been tweaked to fit the proposal.
3. The highway 'road narrows' sign and 'double bend' sign will not be properly visible to motorists in the relocated position.
4. The engineering works associated with this proposal are inadequate given the very steep incline particularly in wet weather.
5. To turn from School Lane into the new entrance with a 16m long tractor and trailer, grain trailer, or anaerobic digester waste trailer, will mean a wide turning circle and driving onto the curtilage of the listed Lodge opposite to achieve the turn, crossing from one side of the lane to the other and needing high revs to get up the very steep gradient.
6. Given the size and weight of vehicles and narrow width of turn and very steep incline, there would increase the health and safety risks.
7. There are no pedestrian pavements along the very narrow School Lane making the risk to villagers and children even greater walking to school and The Bury.
8. The proposed drains are totally inadequate to deal with the rain water and storm water run off from the concrete pad - soil and mud will also be dragged onto the highway. In addition where does the storm water and soil go once it enters the chamber on the plan?
Local Highway Authority - 22 February 2018
The Local Highway Authority response to the points raised in the additional letter of objection referred to above is as follows:
1. This is not for this application to consider and is speculation; however, the access being provided for agricultural use would not be suitable for a residential estate road and significant further works would be necessary along with suitable transport assessments for any housing generations will be necessary to determine suitability for the site for an increase in traffic.
2. Items 2, 3, 4 I have considered in the whole. The full width of verge and location of the realigned bank will be determined by the visibility splays. The current configuration with the retained bank was a desire from the Planning Authority to maintain the bank and general street scene. The Highway Authority are happy to accept this plan, albeit less than satisfactory, based on the need for the developer to enter into a licence with the Highway Authority where greater detail can be submitted in terms of technical aspects, but the layout , materials, visibility splay provision of drainage, radii and widths have been determined.
5. The swept path of agricultural vehicles entering the site from school lane from the north have been taken into consideration and that is why a 10m radii curve into the site and the lane /access width are as they have stipulated.
6. The gradient of the access has been stipulated as no greater than 1 in 10 for the new section which is the maximum gradient accepted by the Highway Authority and the hard surfacing of the access for the first 6.0m will cater for the skid resistance of the access.
7. The introduction of the drainage is a benefit over the existing access which is greater than 1 in 10 and has no restraint to water entering the highway. Details of the soakaway will be dealt with through the licence. The hard surface identified on the plan is the necessary requirement that allows a full wheel rotation and the reasonable removal of mud and stones before a vehicle enters the public highway. While greater detailed drawings would be desirable the plans submitted have sufficient annotation from a Highway Authority perspective to work with particularly given the need for a licence under the Highway Act.
(d) No 5 on the Plans List (17/01751/FULL – Erection of 5 dwellings, land at NGR 295748 103455, south of 5 Old Butterleigh Road, Silverton).
The Principal Planning Officer outlined the contents of the report by way of presentation highlighting the site in relation to the village of Silverton, the proposed layout of the 5 dwellings, the proposed street elevation which would include a wildlife zone, the floor plans, the contemporary design of each dwelling, the landscaping plans, surface water drainage plans, the street scheme and photographs from various aspect so the site. He explained that the site was allocated within the emerging Local Plan (for 8 dwellings), but because of the lack of a 5 year land supply, the land had been put forward.
Consideration was given to:
· The dormouse mitigation area
· The history of the site
· The lack of affordable housing on the site
· The views of the objector with regard to road safety issues, possible flooding issues, disturbance on the site which would threaten the resident wildlife, the impact of the development on the Devon Bank and the lack of affordable housing on the site.
· The views of the local Ward Member: the lack of a 5 year land supply, paragraph 14 of the NPPF, Policy DM2, the possible demonstrable harm of the proposal to the village, design issues, the need for affordable/social housing in the village and the need for people to be consulted with regard to the Local Plan allocations.
· 5 dwellings on the site overcame the need for affordable housing on the site
· The fact that the ecology and flood risks had been considered and that this had reduced the number of dwellings on the site
RESOLVED that planning permission be granted subject to the prior signing of a S106 agreement to secure financial contributions towards public open space and education provision; the section 106 agreement would provide for the following payments to be made by the applicant:
• Public Open Space contribution of £6,826 allocated to Phase 2 - improvements to School Lane War Memorial OS, Silverton
• 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.
(Proposed by Cllr H Bainbridge and seconded by Cllr P J Heal)
(Vote 6 for 5 against – Chairman’s casting vote)
Notes:
(i) Cllr Mrs J Roach made a declaration in accordance with the Protocol of Good Practice for Councillors in dealing with Planning Matters as she had attended a meeting with the applicant and objectors;
(ii) Mrs Lane spoke in objection to the application;
(iii) Cllr Mrs J Roach spoke as Ward Member, and wished it to be noted that the application would not affect her personally and that she had no interest to declare;
(iv) The following late information was provided:
Recommendation should read prior to conditions:
Grant permission subject to conditions and the prior signing of a S106 agreement to secure financial contributions towards public open space and education provision.
The section 106 agreement would provide for the following payments to be made by the applicant:
• Public Open Space contribution of £6,826 allocated to Phase 2 - improvements to School Lane War Memorial OS, Silverton
• 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.
Condition 15 (as written in the report):
Before the dwelling on plot 5 hereby permitted is first occupied, the first floor window in the north elevation serving the en-suite shall be glazed with translucent glass and shall be non-opening below a height of 1.7m measured from the floor level of this room and shall be so retained in this condition thereafter.
For the avoidance of doubt, translucent means permitting light to pass through but diffusing it so that persons, objects, etc. on the opposite side are not clearly visible such as through the use of obscure or frosted glazing.
(e) No 6 on the Plans List (17/01517/FULL – Erection Of a dwelling and alterations to existing vehicular access – 27 Downeshead Lane, Crediton).
The Area Team Leader explained that the application had been deferred from the previous meeting to allow a visit by the Planning Working Group to take place. He outlined the contents of the report providing updated information on the scope of the Conservation Area and stated that the allotments were not within this area. He also provided the distances between the 3 houses in Downeshead Lane that had received planning permission and the listed building.
He continued by outlining the proposal, highlighting the proposed floor plan and elevations and provided photographs from various aspects of the site.
Consideration was given to:
· The views of the applicant in that the application would have very little impact on the Conservation Area, the site was not visible from the other side of the town, the house and the garden had been enhanced since the fire in Buller Square and that work had taken place with a Heritage Consultant to make the application compliant with the local environment.
· The fact that the area around Buller Square had changed since the fire.
· The renovated houses in Buller Square now had slate roofs
RESOLVED that planning permission be granted for the following reasons: Members felt that the application was appropriate and that there would be no detrimental impact on the listed building or the Conservation Area. The scale, design and massing of the proposal was considered to be appropriate within the context of the built environment. Delegated authority be given to the Head of Planning, Economy and Regeneration to produce a set of conditions and seek any necessary Section 106 requirements.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs G Doe)
Notes:
(i) Cllrs Mrs H Bainbridge, Mrs F J Colthorpe, Mrs C Collis, Mrs G Doe, P J Heal, 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) Cllr F W Letch declared a personal interest as the applicant and her partner were known to him;
(iii) Ms Partridge spoke as the applicant.
(f) No 7 on the Plans List (17/01427/FULL – Change of use of agricultural land to domestic garden and retention of play/exercise equipment – Land at NGR 310904 109604, The Shippens, Blackborough).
The Area Team Leader outlined the contents of the report by way of presentation explaining the history of the site and providing a plan which highlighted the various buildings on the site and identified the area for the play equipment. She informed the meeting that a late representation had been received from the Blackdown Hills AONB Partnership which confirmed its concern regarding the impact of the proposal on the AONB
Consideration was given to:
· The views of the agent with regard to the users of the equipment and the safe environment where it had been placed, she stated that the equipment was vital to the users and did not feel that it was an undesirable encroachment on the AONB
· The possible need to re-site the equipment closer to the formal buildings on site
· Policies to protect the AONB
· Whether it was acceptable to provide a temporary permission
· The need for the officers and the applicant to work together to seek an alternative site.
RESOLVED that planning permission be refused as recommended by the Head of Planning Economy and Regeneration. An advisory note be added to the decision to state that there was a desirability for a solution to be found for the equipment to be placed in a position that would reduce the impact on the AONB.
(Proposed by Cllr B A Moore and seconded by Cllr P J Heal)
Notes:
(i) Ms Marlow (Agent) spoke;
(ii) Response from Blackdown Hills AONB Partnership - I’ve had a look at the application and can confirm that my views haven’t changed about this encroachment of the garden area and the impact of the equipment.
Supporting documents: