To consider the planning applications contained in the list.
Minutes:
(a) No 1 on the Plans List (18/00133/MARM – Reserved Matters application, pursuant to Outline application 13/01616/MOUT, for the construction of 248 dwellings, 3 Gypsy and Traveller pitches, public open space, landscape planting, pedestrian, cycle and vehicular links; and associated infrastructure – land at NGR 298618 113487, Uplowman Road, Tiverton)
The Committee had before it a report of the Head of Planning, Economy and Regeneration providing an update on negotiations associated with the application that had previously been considered by the Planning Committee on 11 July 2018 where Members had been minded to approve the application but had requested further consideration of the following issues:
· The possible repositioning of the turning head
· The detrimental impact on the Devon Bank and whether this could be lessened
· Repositioning of the show homes and associated parking to allay traffic concerns.
The Group Manager for Development outlined the contents of the report highlighting the reasons for the additional report and the consultation process that had taken place with local residents in relation to the movement of the turning head following the previous meeting. He explained that Members could not consider the additional plans received from Mr Cook as the committee could only consider the plans received from the applicant.
Referring to questions posed in public question time, the issue raised by Mrs Bell with regard to the turning head and the Devon bank would be covered in his presentation. With regard to the Devon bank highlighted within Mr Cook’s questions this had been considered and approved as part of the outline application for the development. Dr Bell had highlighted an error with regard to the house numbers, Dr Bell was correct, this was an error. With regard to the consultation process, the report highlighted the consultation that had taken place.
The officer then outlined the application by way of presentation, highlighting the application site, Members viewed photomontages and photographs from various aspects of the site and considered the revised plans that had been produced to try to address the concerns of the local residents. The outline application plans that had been approved were also presented which showed the removal of the Devon Bank.
Consideration was given to:
· Whether the updated NPPF had been considered with regard to the application
· The height of the proposed new banks, the ground levels behind the bank and the planting scheme
· The lighting scheme for the development
· The concerns of the objector with regard to the turning head, the removal of the Devon Bank, the mixture of properties along Uplowman Road, the impact of the removal of the Devon Bank on the historic habitat and the disturbance associated with the sales activity
· The views of the agent with regard to the negotiations that had taken place to try to mitigate the residents concerns, the introduction of new banking, the positioning of the sales offices and the fact that the visitors parking had been relocated.
· The views of the Ward Members with regard to the loss of the Devon Bank and the time it would take to establish a new bank
· The narrowness of the current road
· The need to look at the whole development
· Maintenance issues and landscaping/planting schemes.
· Whether the applicant might, having heard the concerns, voluntarily look again at the positioning of the show homes and the amount of Devon Bank removal should there be a re-design of any part of the application scheme in the future.
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration with an amendment to Condition 5 to state: Notwithstanding the provisions of Article 3 of The Town and Country Planning (General Permitted Development) Order 1995 as amended by the Town and Country Planning (General Permitted Development) Amendment (No.2) Order 2008 (or any Order revoking and re-enacting that Order with or without modification) no development of the types referred to in Classes A, B and C of Part 1 relating to those properties with frontage on to Lowman Avenue shall be undertaken within the application site/dwelling curtilage without the Local Planning Authority first granting
planning permission.
REASON to safeguard the character and appearance and design aspirations of Lowman Avenue in recognition of its significance as the main route through the development in accordance with policies DM2 and DM14 of the Adopted Mid Devon Local Plan (Part 3).
And an additional condition stating that: The development hereby permitted shall take place in accordance with the approved phasing details (Drawing No. 7588-001A).
REASON :To ensure the appropriate ordering of the site in the interests of proper planning”.
(Proposed by Cllr B A Moore and seconded by Cllr Mrs H Bainbridge)
Notes:
i) Cllr R L Stanley declared a personal interest as the Cabinet Member for Housing and a Director of 3 Rivers Development Limited and chose to leave the meeting during the discussion and the vote;
ii) Cllr D J Knowles declared a personal interest as some of the objectors were known to him;
iii) Cllrs: Mrs H Bainbridge, Mrs C Collis, Mrs F J Colthorpe, R Evans, P J Heal, D J Knowles, F W Letch, B A Moore, R F Radford and J D Squire made declarations in accordance with the Protocol of Good Practice for Councillors dealing in Planning Matters as they had all received correspondence regarding this application;
iv) Dr Bell spoke on behalf of the objectors;
v) Mr Cattermole (Agent) spoke;
vi) Cllrs C R Slade and D J Knowles spoke as Ward Members;
vii) Cllrs Mrs C A Collis and D J Knowles requested that their vote against the decision be recorded;
viii) The following late information was reported, the amendment to Condition 5 and an additional condition.
(b) No 2 on the Plans List ( 18/00705/MARM - Reserved matters for the erection of 28 dwellings and up to 90 sq.m of A1 retail floorspace, including incidental open space and car parking, following outline approval 17/00173/MOUT) – land at NGR 287483 106365 (White Cross), Cheriton Fitzpaine.
The Area Team Leader outlined the contents of the report highlighting by way of presentation the site location plan, the access which included access to the proposed shop (approved at the outline stage), the pedestrian link to the school, proposed site plan, parking arrangements site sections and proposed street scenes, the location of the shop, areas of open space, plans identifying proposed materials to be used and house type. Members also viewed photographs from various aspects of the site.
Consideration was given to:
· The variation to the terms of the S106 agreement and the Housing Options Manager’s view on the appropriate mix of dwellings required and the local need
· Maintenance of the hedgerows and the open space
RESOLVED that:
a) 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 F Radford)
b) A Deed of Variation to the terms of the Section 106 agreement be agreed pursuant to LPA ref: 17/00173/MOUT to allow for variation of the affordable housing provision to include the provision of a financial contribution of £25,000 for off-site delivery to compensate for a reduction of the units on site from 8 to 7.
(Proposed by the Vice Chairman)
Notes:
i) Cllr Mrs F J Colthorpe declared a personal interest as she had as Ward Member given a donation to the shop (since the outline application was considered) and chose to leave the meeting during the discussion thereon; (the Vice Chairman took the Chair);
ii) Cllr R L Stanley declared a personal interest as the Cabinet Member for Housing and chose to leave the meeting during the discussion thereon;
(c) No 3 on the Plans List (Erection of 2 dwellings, alterations to existing access and associated works – land west of Elmdene, Hemyock.
This application had been deferred as advised earlier in the meeting.
Supporting documents: