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 4 on the Plans List (18/00100/HOUSE – Conversion of garage to a self-contained annexe and erection of a porch – Station House, Culmstock)be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration with an additional condition (4) which stated that “The ancillary accommodation hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Station House as a single family dwellinghouse and shall not at any time be used, either by way of being let, given or sold, as a separate unit of accommodation or for commercial purposes”.
Reason: The site is located outside defined settlement limits in the open countryside where national and local planning policy prohibits the creation of new dwellings unless in special circumstances in accordance with Policy COR18 of Mid Devon Core Strategy 2007 and the NPPF.
(Proposed by the Chairman)
Note: The following late information was provided: the additional condition (4) and a representation from Culmstock Parish Council – No objections.
(b) No 1 on the Plans List (17/001511/MOUT – Outline application for the erection of up to 120 dwellings, public open space, vehicular access and associated infrastructure – land at NGR 282065 100892 (Chapel Downs Farm, North of Queen Elizabeth Drive, Crediton).
The Area Team Leader outlined the contents of the report by way of presentation highlighting the location of the site North East of Queen Elizabeth Drive, the proposed vehicular and pedestrian access, an aerial view of the site which highlighted the relationship between the site and the town of Crediton, the site location plan and indicative layout of the site, the 5 parcels of space which were proposed for development, the area of public open space proposed to the top of the site, the separation distance between the boundary and various parts of the site outlined for development, the drainage strategy, indicative site sections and the additional planting which sought to mitigate the visual impact and changes in levels.
He continued by explaining that the agricultural land was rated as Grade 2 at the top of the site and Grade 3 on the slopes. Photographs were provided from various aspects of the site and viewpoints from various locations identifying the site.
He provided answers to questions posed in public question time: the S106 package: rules and regulations applied to how S106 funding was applied and the scope of planning obligations within the report related to public open space, education and air quality. With regard to the question relating to environmental issues, he was unable to answer this as the officer recommendation had been one of refusal.
Consideration was given to:
· The number of houses proposed and the number of children who would require school places
· The ‘early years’ calculation
· The scale of the cross sections
· The volume of traffic in the area of Higher Road
· The views of the Highway Authority with regard to the application
· The views of the objectors with regard to the site not being allocated within the Local Plan, the lack of infrastructure for such a development, the current traffic movements in the area, the capacity of the local schools and doctors practices, pedestrian safety and the visual impact of the proposal on the landscape.
· The views of the applicant who wished the application to be deferred to allow for further discussions to take place, the lack of a 5 year land supply, the concern that the proposals had not been fully considered by the officers, the impact on Queen Elizabeth Drive had been exaggerated and the S106 contributions.
· The concerns of the Parish Council with regard to increased traffic and the impact of this on pinch points within the town, general infrastructure requirements and pedestrian safety.
· The view of the Ward Member in that the application did not meet Policy COR 18, the visual impact with regard to the view from the south.
· General views regarding the impact of the development on the town.
· Developing on Grade 2 agricultural land.
· The need to consider sites established within the Local Plan.
RESOLVED that planning permission be refused as recommended by the Head of Planning, Economy and Regeneration for the following reasons:
1. The application site is outside the current settlement limit boundaries of Crediton and is in the open countryside and is not currently allocated for development. Policy COR18 of the adopted Mid Devon Core Strategy (Local Plan Part 1) seeks to strictly control development outside settlement limits and a development in this location of the scale as proposed would not be permitted under criteria a - f of this adopted policy. Neither is the site proposed to be allocated for housing within the Councils Local Plan Review 2013 -2033. The applicant asserts that the Local Planning Authority cannot demonstrate that it has an adequate five year supply of housing land as required by the National Planning Policy Framework, and therefore Policy COR18 should be afforded limited weight and that the application should be determined against the provisions of Paragraph 14 of the National Planning Policy Framework. When tested against Paragraph 14 of the Framework the Local Planning Authority considers that the adverse impacts of the proposed development, as set out in reasons 2, 3 and 4 below, would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework as a whole as well as being contrary to Policy COR1 of the Mid Devon Core Strategy (Local Plan Part 1) and Policy DM1 of the Mid Devon Local Plan Part 3 (Development Management Policies).
2. The Local Planning Authority considers that by virtue of the elevated and sloping nature of the site the development (of an agricultural field) to include a new section of highway and associated pavement will have a harmful impact to the visual amenity of the area at the western entrance to the town and along Higher Road. By virtue of the topography the development will appear as an incongruous extension adjacent to the existing built development which is set down within the valley cutting. The site is widely visible from the south and development will significantly alter the unspoilt and open qualities of the site and result in the loss of grade two agricultural land forming an important part of the rural setting at this edge of Crediton. Despite the shortfall in housing supply the harm arising to the character and visual appearance of the area is considered to significantly and demonstrably outweigh the benefits derived from the scheme and on this basis the application scheme is considered to be contrary to policies COR2 and COR18 (Local Plan 1) and policy DM2 Local Plan part 3 (Development Management Policies) which seek to protect the character and appearance of the countryside.
3. In the opinion of the Local Planning Authority the development would result in harm to the setting of the Grade II listed Chapel Downs Farmhouse. The agricultural field is considered to form part of the setting of the listed building, and the proposed scheme will alter the character and appearance of the setting of the listed building given the intrusion of built development at a raised level within the setting of the heritage asset. Although the harm is considered to be less than substantial in National Planning Policy Framework terms, in addition to the other identified harmful impacts of the scheme it is not considered that the public benefit arising from the scheme would outweigh the identified harm to the designated heritage asset and therefore the proposal is considered to be in conflict with the aims of policies DM27 Local Plan part 3 (Development Management Policies) and part 12 of the National Planning Policy Framework which seek to conserve and enhance the historic environment.
4. In the opinion of the Local Planning Authority it has not been demonstrated that development can be accommodated on the site without resulting in unacceptable harm to the amenity of occupiers of neighbouring properties. By virtue of the difference in levels the proposal is likely to result in a form, scale and mass of development that is overbearing to occupiers of residential properties located in Queen Elizabeth Drive and would be detrimental to the amenity they currently enjoy contrary to policy DM2 and DM14 of the Local Plan Part 3 (Development Management Policies).
(Proposed by Cllr F W Letch and seconded by Cllr P J Heal)
Notes:
i) Cllrs: Mrs H Bainbridge, Mrs F J Colthorpe, Mrs C A Collis, Mrs G Doe, R J Dolley, P J Heal, F W Letch, B A Moore and J D Squire made declarations on accordance with the Protocol of Good practice for Councillors dealing in Planning Matters as they had all received correspondence regarding this application;
ii) Cllr P J Heal and D R Coren declared personal interests as they knew the landowner;
iii) Mr Fry spoke on of the objectors;
iv) Mr Cattamole spoke on behalf of the developer;
v) Cllr Stephens spoke on behalf of Crediton Hamlets Parish Council;
vi) Cllr D R Coren and P J Heal spoke as Ward Members;
vii) Mr Sorenson spoke on behalf of Devon County Council, Highway Authority;
viii) Cllr Mrs H Bainbridge requested that her vote against the decision be recorded.
(c) No 2 on the Plans List (17/001090/MOUT – Outline for the erection of up to 40 dwellings with associated access, parking, open space, landscaping and supporting infrastructure – land and buildings at NGR 281938 100425 (Adjacent to Brookdale, Threshers, Hollacombe, Crediton).
The Area Team Leader outlined the contents of the report by way of presentation highlighting the location of the application site, the context of the application with regard to the main roads in the area, the proposed illustrative masterplan for the site, the access, the provision of additional parking to support parking for the primary school and flood risk mitigation proposals on site. He outlined the parking restrictions outside Landscore Primary School and the thoughts of the school with regard to the proposals. Photographs were provided from various aspects of the site.
Consideration was given to:
· The S106 contributions
· The concerns of the objectors with regard to road safety issues, the shortage of road space in the area, flood issues in the area and the fact that houses in the area had been previously been affected by flooding, capacity at the local primary school and traffic issues at school pick up time.
· The views of the agent with regard to the site being adjacent to the settlement limit, the close proximity of facilities, the fact that the application would deliver benefits with regard to the flooding issues, surface water drainage, the lack of highway issues and that the school was under capacity.
· The views of the Parish Council with regard to the provision of open space and that the S106 agreement should refer to open space at Threshers rather than Queen Elizabeth Drive.
· The view of the Ward Member with regard to issues of flooding and parking which had been mitigated by the proposals and the proposed widening of the area at the bottom of Pitt Hill. The development could be seen as an extension to Westernlea.
· The fact that the Area Planning Officer suggested that the open space project could be accommodated at Threshers.
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration with revised wording for Condition 15 to state: Prior to commencement of the development a Low Emissions Strategy, including an implementation timescale, shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include:
a. A Detailed site travel plan including support for/access to public transport.
b. Provision for electric vehicle infrastructure at a rate of 1 charging point per house (with a driveway or garage).
The terms of agreed strategy shall be implemented and maintained in accordance with the approved details.
and the signing of a S106 agreement to secure the following:
3. Air Quality: a contribution of £119, 718.00 to contribute towards the community car share schemes and clubs for Crediton- phase two, for the provision of bike storage facilities at Crediton railway station and to contribute towards the subsidised bus scheme for Crediton Town Centre.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs G Doe)
Notes:
i) Cllrs D R Coren and P J Heal made declarations in accordance with the Protocol of Good Practice for Councillors dealing in Planning Matters as they had attended Parish Council meetings where the application had been discussed;
ii) Mr Holes spoke in objection to the application;
iii) Mr Scoot spoke as agent;
iv) Cllr Stephens spoke on behalf of Crediton Hamlets Parish Council;
v) Cllrs D R Coren and P J Heal spoke as Ward Members;
vi) Cllr F W Letch requested that his vote against the decision be recorded;
vii) The following late information was provided: Page 27: Recommendation Section.
Delete item 6: Monitoring and legal costs
Page 48: Revise the wording of condition 15 as follows:
15. Prior to commencement of the development a Low Emissions Strategy, including an implementation timescale, shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall include:
a. A Detailed site travel plan including support for/access to public transport.
b. Provision for electric vehicle infrastructure at a rate of 1 charging point per house (with a driveway or garage).
The terms of agreed strategy shall be implemented and maintained in accordance with the approved details.
(d) No 3 on the Plans List (17/002014/FULL – Retention of log cabin for storage, shelter and education – Castleland House, Bampton).
The Area Team Leader outlined the contents of the report by way of presentation highlighting the location of Castleland House and the access point from the highway and into the woodland, the aerial view identified the cabin and the site location. Members viewed the floor plan and elevations, the proposed drainage plan, the block plan and parking arrangements. Photographs were also shown from various aspects of the site.
Consideration was given to:
· The positioning of the proposed septic tank to the North East of the site
· The establishment of a wet room and the reasons why the cabin would require one
· The views of the objector in that cabin was not in the curtilage of the house, it was a retrospective application, it would set a precedent, it sat within designated agricultural land and the local residents were not happy with the impact that the development would have on the local area
· The views of the applicant’s representative in that it would not set a precedent, and had a safe and secure access, did not have any overlooking issues or visual impact. She also outlined the various projects that would take place on the land.
· The views of the Ward Member outlining the concerns of the local residents, the small business that was proposed, the retrospective application and possible cumulative impact
· The fact that small businesses required encouragement
· Right of access to the site
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr R J Dolley)
Notes:
i) Cllr Mrs F J Colthorpe declared a personal interest as she had had involvement with the applicant’s representative with regard to Bampton Library and chose to leave the meeting during the discussion thereon; the Vice Chairman took the Chair;
ii) Cllr B A Moore made a declaration in accordance with the Protocol of Good practice for Councillors dealing in Planning Matters as he had had discussions with the applicant and objectors;
iii) Mr Goodwin spoke on behalf of the objectors;
iv) Ms Crabtree spoke on behalf of the applicant;
v) Cllr B A Moore spoke as Ward Member;
vi) Cllr B A Moore requested that his abstention from voting be recorded.
vii) The following late information was provided
(e) No 5 on the Plans List (18/0083/FULL – Permanent retention of log cabin for use by full time worker – land at NGR 295174 103122, The Orchard, Great Pitt, Silverton).
The Area Team Leader outlined the contents of the application highlighting the history of the site, the reasons why the applicant had to live on the site, the business accounts that had been submitted showing financial viability. Members viewed the site location plan and aerial photograph, details of the buildings on site, the existing stables and schooling area, a block plan, existing access and foul drainage system, elevations and floor plans of the log cabin and photographs from various aspects of the site.
Consideration was given to:
· The views of the applicant’s representative who stated that he was in full support of the charity. As a Chartered Accountant who provided the accounts for the charity, the accounts complied with the financial test and the business seemed financially stable.
· The views of the Ward Member who reminded Members that the temporary application had one year to run. She voiced concern with regard to the proposed conditions and requested that further detail be provided with regard to the business plan. She felt that she needed to challenge the financial material supplied and questioned whether (i) the charity had a contract with the applicant (ii) whether the applicant was paid and (iii) why the vets fees were so low.
· The need for the site to have someone in residence
· Little objection to the application
· The personal condition (3) within the report.
RESOLVED that planning permission be granted subject to conditions 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) Mr Frank spoke on behalf of the applicant
(ii) Cllr Mrs Roach spoke as Ward Member
(iii) The following late information was provided: 21st March 2018
Additional comments received from the applicant:
· Foal foster care for Dartmoor Heritage Pony trust and for Friends of Dartmoor Hill Ponies Society. Foals have additional needs associated with their very earl days or being orphaned. Foals are vulnerable and require specialist care;
· Foals arrive on a rolling basis at least 2 at a time so they are not alone, potentially every two months. NLHC can take between 4-6 foals again in April. Conservative estimate of 8 foals a year. The foals are repurposed and do not go into the meat trade, the Dartmoor pony is an endangered equine species;
· NLHC also takes rehab horses (approx. 11/12 over last 3 years) as well as vulnerable horses from markets, and from the RSPCA. Currently have 2 Blue Cross ponies on site, one NLHC charity pony with COPD and behavioural issues, one rehab horse with severe medical needs for whom the applicant is the caretaker. Vulnerable foals should not be left unattended and unsupervised and neither should horse with severe medical conditions such as breathing problems, cellulitis and lymphangitis. The foster care program would not be allowed if there weren’t 24 hour supervision. If applicant needs to go out for any length of time, cover is organised;
· NLHC emphasis is the foal foster care program and their training if required;
· Young people, and parents and young carers receive therapeutic horse help/lessons;
· Well established charity that is well known due to social media which attracts business;
· Experienced fund raiser;
· The applicant has stated that she works up to 10 hours per day throughout the year, including a check on the animals on site at midnight;
· The applicants working day is stated to include: looking after and training horses, supervising foals in a pen, fund raising, paperwork, charity promotion, supervising volunteers, therapeutic lessons between horse and young person/young carers;
· There is a pen for foals on the west side of the log cabin to allow close supervision as a transition space so they can become used to living outside.
Additional letters received
· Letter from equine vet that provides veterinary care for horses and ponies at NLHC. The letter confirms there are multiple horses at the premises that included/have included young horses, older horses with on going physical conditions and ponies requiring intensive handling training. He states that he regularly visits he premises to attend to the horses including call outs on multiple occasions out of normal working hours. He states that to provide adequate care to the horses it is ideal that someone is available on site 24 hours to allow checks on the horses to be made as necessary.
· Letter from operator of the Registered Pony Keeper Scheme with the Dartmoor Pony Heritage Trust:
· I am writing in support of the planning application for Jackie Tye of the Orchard, Great Pitt, Silverton, EX5 4JQ
We are long established commoners and breeders of Dartmoor ponies, who operate as part of the Registered Pony Keeper Scheme with the Dartmoor Pony Heritage Trust (DPHT). We train the offspring of wild Dartmoor ponies to eventually be sold as children's ponies and to supply a conservation grazing need for the grazing of valuable habitats all over the UK. In doing so we are passionate about preserving the indigenous Dartmoor pony and are committed to keeping native wild herds living out on the Dartmoor commons where they belong.
An essential part of this process is to find suitable homes where young foals can be fostered out after weaning each year, to teach them about being handled and to prepare them for a future with humans having being born wild. New Life Horse Care Sanctuary has provided precisely this foal fostering service to us for many years and have been an invaluable partner due to the exceptional care they can provide. We approached New Life Horse Care Sanctuary (NLHCS) as they can provide the 24 hour supervision needed for young and frightened foals as they live on site and can also ensure that there is always someone on hand 24 hours a day for emergency vetinary situations out of hours. They have offered this service to us for many years and this has proved invaluable as these are vulnerable young stock, in a high stress situation, where emergency situations can and do occur.
The service provided by NLHCS is not about helping to produce ponies for sale for profit, it is about supporting organisations such as DPHT and their recognised breeders, who are committed to preserving the true Dartmoor pony, which is a breed in serious decline with a dwindling gene pool and an uncertain future. NLHCS fostered on average 12 foals each year from us, sending them two at a time for intensive care and handling - giving those young foals a chance in life and enabling them to go on to a useful future as ambassadors for the Dartmoor pony breed.
The situation for the Dartmoor pony is serious, NLHCS endeavours to make a difference and the positive contribution they make to this situation is invaluable. It would be a great loss if their tireless work was unable to continue.
If you would like any further information on services provided for the Dartmoor pony by NLHCS I would be happy to help.
Supporting documents: