PLANNING APPLICATION REPORT

 

Case Officer:  Darren Henry                  Parish:  Dartington   Ward:  Dartington and Staverton

 

Application No:  1375/21/ARM    

 

 

Agent/Applicant:

Mrs Amanda Burden - Luscombe Maye

59 Fore Street

Totnes

Devon

TQ9 5NJ

Applicant:

DEVON AND CORNWALL FARMERS LTD

c/o agent

 

Site Address:  Beacon Park, Dartington

 

 

Development:  READVERTISEMENT (Amended development description) Application for approval of reserved matters (appearance, landscaping, layout and scale) following outline approval 3631/17/OPA relating to Building 3, for the erection of a mix of B1, B2 & B8 employment spaces and associated works with a drainage scheme

 

Reason for call in – application called to Committee for determination by Cllr Hodgson due to concerns with landscaping and drainage

 

Recommendation: to grant permission subject to conditions

 

 

Conditions (list not in full)

Time limit

Accordance with plans

Samples of materials

Low carbon development

Adherence to Arboricultural Method Statement

Landscaping

Drainage

 

 

Key issues for consideration:

- Appearance

- Layout

- Landscaping

- Scale

 

 

Site Description:

Beacon Park comprises an existing industrial site situated on the south side of the A385. The employment site has expanded over the years with a mix of employment and retail uses within converted and extended agricultural units. The site at Beacon Park was included within the allocation of employment sites in the Plymouth and South West Devon Joint Local Plan (JLP) for 11,300 sq. metres confirming the Council’s support to utilise this land for employment purposes.  The land comprises some 6ha (15 acres) with the Outline application covering 4.39ha (10.85 acres).

 

The site slopes gently from the A385 to the north to the stream forming the southern boundary.

 

The Proposal:

 

This application is for a reserved matters application for access, appearance, landscaping, layout and scale in relation to building 3 of previously approved application 3631/21/OPA. The building is to be sited on the northern side of the site adjacent to the A385 between the existing access road to the site and the new access road.

 

Consultations:

·         Environmental Health Section—No objection        

 

·         Dartington Parish Council—Object

DPC states that it would like to reiterate its original comments in relation to this application including its concerns that flood risk is not being adequately mitigated; that the promised footpath is not provided; that landscaping and additional tree planting proposals are poor. The council is also concerned that there may not be adequate root protection for existing trees, that the application does not adhere to what was agreed at outline in that the building has increased in size and there is a discrepancy between the parking arrangement in this plan and the outline. The council further notes that flood risk calculations using a 1 in 100 year extreme weather event are inadequate and this application will result in a threat to local watercourses.

 

 

Representations:

Representations from Residents

One letter of objection has been received, with the following summarised comments:

·         The private road layout proposals differ from previous approvals. An internal footway should be provided as shown on the outline consent.

·         Concerned about flood risk during high periods of rain.

·         None/few of the surfaces constructed on site appear to be semi permeable, with little attention to SuDS.

·         There is no detail as to how the retaining wall tails off to the west and whether it will simply be more concrete.

·         In this application the proposed building has a footprint of 330 sq m against 288 sq m on the Master Plan. In addition, it has a different orientation to the A385. As a result, the building is pushed further into the root protection area shown on the 2017 Site Constraints Plan.

 

Five letters of support have been received stating the following:

·         There just simply is not enough light industrial units in the area and whilst it is understandable that the focus has been on housing there has to be balance in everything. We cannot rely as heavily as we do on the tourist industry. There simply has to be space for local businesses to become established and help grow the economy providing local jobs for the people who are being encouraged to settle into the region

·         As a tenant of Beacon Park for a number of years, I have been impressed by the sympathetic approach in the way the site has been developed over the years, providing additional much needed spaces for local small businesses.

·         There is little available light industrial units for a growing business like mine in this direct area and especially of this standard. The building is well designed and in keeping with the existing development and will allow us to live and work locally whilst also providing local jobs and benefit the local economy.

 

 

Representations from Internal Consultees

 

·         Landscape Officer—No objection

 

·         Tree Officer—No objection subject to a condition.

 

 

Representations from Statutory Consultees

 

·         DCC Highways Authority—No objection

 

Relevant Planning History

LA_Ref

3631/17/OPA

Proposal

Outline application for the erection of a mix of B1, B2 & B8 employment spaces, together with access, parking, landscaping and other associated works with an extended time to commence development

SiteAddress

Beacon Farm Dartington.

Decision

Conditional approval

 

LA_Ref

14/2086/91/4: COU

Proposal

Change of use from Agricultural Education Centre to storage and distribution of products for use in agriculture

SiteAddress

Beacon Farm Dartington.

Decision

Conditional approval

 

LA_Ref

14/0853/96/3: FUL

Proposal

Replacement of store extension to office and extension to turning area

SiteAddress

Beacon Park Dartington.

Decision

Withdrawn: 17 Jun 96

 

LA_Ref

14/0671/94/3: FUL

Proposal

Extension to warehouse and screening to loading area

SiteAddress

Beacon Park Dartington.

Decision

Conditional approval: 13 Jun

 

LA_Ref

14/0886/92/3: FUL

Proposal

Extension for storage of agricultural products

SiteAddress

Beacon Farm Dartington.

Decision

Conditional approval: 14 Oct 92

 

LA_Ref

14/0592/92/3: FUL

Proposal

Alterations to access from highway

SiteAddress

Beacon Farm Dartington.

Decision

Conditional approval: 15 May 92

 

LA_Ref

14/0591/92/5: ADV

Proposal

Display of name on building and erection of entrance signs

SiteAddress

Beacon Farm Dartington.

Decision

Conditional approval: 27 May 92

 

LA_Ref

14/0593/92/3: FUL

Proposal

Alterations to external elevations

SiteAddress

Agricultural Merchants Depot Beacon Farm Dartington.

Decision

Conditional approval: 18 May 92

 

 

ANALYSIS

Principle of Development/Sustainability:

The principle of the development has been accepted under outline application 3631/17/OPA.

 

 

Appearance/Landscape/layout and Scale:

In comparison with the previously approved outline application the building is now orientated to be side on with regards to the entrance and rear to the main road. The proposed building has offices on the east elevation with the introduction of windows, giving a better appearance than a blank elevation 'fronting' the access road, although they will not be visible due to the topography of the site, the 1.95m retaining wall and additional vehicle barrier, which, unfortunately, removes any benefit to the re-orientation of the building.

 

The proposed site layout is constrained by the shape and topography of the site, and the size of the proposed building. This has resulted in the parking provisions being split up across 5 locations, and pushed right out to the edges of the application boundary, so there is little scope for on-site landscaping to soften the effect. The applicant has proposed to plant seven new trees. The site is constrained and seven new trees will be very beneficial in terms of softening the appearance of the development. Maintaining a strong belt of tree planting between the site and the main road will also be essential.

 

Whilst it is a substantial building, the fact that the building footprint is cut back into the slope will reduce how imposing it is from the highway side. Nonetheless the existing and new trees   will further help with screening the visual effects of such a large building. Furthermore, the Ecology report by Devon Wildlife Consultants notes that the trees to the north are dying and will be replaced as part of the wider landscaping, as detailed on the layout plan and wider site masterplan, which will also be secured via a landscape condition.

 

The building is to be 29m long x 12m wide and will be 6m to eaves and 7m to ridge. The building will be built at 38.6m FFL. The building will have Juniper green insulated box profile cladding to match the other units on the site which will be insulated internally with 80mm of insulation to the walls and 100mm to the roof.

 

The building is to be accessed via a roller shutter door on the southern elevation and a further roller shutter door on the western elevation, together with personnel doors and an office door on the south side. All of the windows and doors will be powdercoated aluminium with anthracite grey frames and matching fascias.

 

Considering the building is for employment purposes the design, appearance, layout and scale of the building is suitable in its context and accords with DEV20 and DEV23 of the JLP

 

 

Neighbour Amenity:

With regards to the relationship between the proposed development and residential dwellings, it is noted that whilst there is a cluster of dwellings located on the opposite side of the A385 to the existing entrance to Beacon Park, the nearest dwellings are around 300m from the site.  The Council’s Environmental Health Specialist has been consulted and raised no issues with regards to noise. It is therefore considered that the proposal is in accordance with Policies DEV1 and DEV2.

 

 

Highways/Access:

It is noted the applicant has split the parking provision across 5 locations to the edges of the application boundary, with provision for 17 spaces. The Highway Authority have been consulted and has not raised a Highway objection.

 

Comments have been received stating that the previously proposed footpath has now been removed. This is not the case and the footpath is still proposed, as shown on drawing Building 3, 300 C. The drawing shows the pavement on the lower side of the spine road which will run all the way down to Dorridge Lane to the East end of the site. This section of the pavement is already constructed, including the pavement cross-overs for the entrances to Wynnstay's unit.

 

The building will be 348sqm. For a B1 use there should be 1 space per 30sqm, for B2 1 space per 51sqm and for B8 1 space per 70sqm. There is car parking for a minimum of 14 cars, which meets the above parking standards.

 

Flooding and Drainage

The County Lead Local Flood Authority initially had concerns over the drainage of the site and the proposed SuDS. However, revised drainage management scheme has been received and the Officer is now satisfied that the site can be adequately drained. The Officer further states that the applicant is reminded that surface water related conditions are attached to the outline planning permission. These conditions will need to be discharged prior to the commencement of any works.

 

The applicant has confirmed that the existing management company for the Beacon Park site will maintain the surface water drainage system for Building 3. It is therefore considered that the proposed surface water drainage management system is acceptable and shall be imposed, if approved, via a condition, and accords with JLP Policy DEV29.

 

The details of the proposed Surface Water Drainage System was discharged under 2746/19/ARC.

 

 

Low Carbon Development

 

The applicant has submitted an Energy Statement showing how the building will utilise low energy consuming materials and technology to contribute towards reducing the building’s carbon footprint in accordance with JLP Policy DEV32 and includes 18 x 350-watt PV units on the south slope as detailed in the supporting Energy Assessment/DEV32 checklist.

 

Consequently, if minded to approve a condition will be imposed to ensure that the built is built out in accordance with the Energy Statement.

 

 

Planning Balance

There is a significant need for new employment units within the district and the proposal would go some way towards addressing this shortfall.  Moreover, the site is also allocated within the JLP, which is clearly a material planning consideration, subject to planning considerations. Consequently, after having regard to a range of material planning considerations, officers are satisfied that the proposed development can be accommodated without significant harm arising, and where necessary mitigated with planning conditions via application 3631/17/OPA and this application.

 

 

This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004.

 

Planning Policy

 

Relevant policy framework

Section 70 of the 1990 Town and Country Planning Act requires that regard be had to the development plan, any local finance and any other material considerations. Section 38(6) of the 2004 Planning and Compensation Act requires that applications are to be determined in accordance with the development plan unless material considerations indicate otherwise.  For the purposes of decision making, as of March 26th 2019, the Plymouth & South West Devon Joint Local Plan 2014 - 2034 is now part of the development plan for Plymouth City Council, South Hams District Council and West Devon Borough Council (other than parts of South Hams and West Devon within Dartmoor National Park).

 

On 26 March 2019 of the Plymouth & South West Devon Joint Local Plan was adopted by all three of the component authorities. Following adoption, the three authorities jointly notified the Ministry of Housing, Communities and Local Government (MHCLG)* of their choice to monitor the Housing Requirement at the whole plan level. This is for the purposes of the Housing Delivery Test (HDT) and the 5 Year Housing Land Supply assessment.  A letter from MHCLG to the Authorities was received on 13 May 2019 confirming the change.

 

On 13th January 2021 MHCLG published the HDT 2020 measurement.  This confirmed the Plymouth. South Hams and West Devon’s joint HDT measurement as 144% and the consequences are “None”.

 

Therefore a 5% buffer is applied for the purposes of calculating a 5 year land supply at a whole plan level. When applying the 5% buffer, the combined authorities can demonstrate a 5-year land supply of 5.8 years at end March 2021 (the 2021 Monitoring Point). This is set out in the Plymouth, South Hams & West Devon Local Planning Authorities’ Housing Position Statement 2021 (published 12th November 2021).

 

[*now known as Department for Levelling Up, Housing and Communities]

 

The relevant development plan policies are set out below:

 

The Plymouth & South West Devon Joint Local Plan was adopted by South Hams District Council on March 21st 2019 and West Devon Borough Council on March 26th 2019.

SPT1 Delivering sustainable development

SPT2 Sustainable linked neighbourhoods and sustainable rural communities

SPT4 Provision for employment floorspace

SPT7 Working with neighbouring areas

SPT8 Strategic connectivity

SPT9 Strategic principles for transport planning and strategy

SPT10 Balanced transport strategy for growth and healthy and sustainable communities

SPT11 Strategic approach to the natural environment

SPT12 Strategic infrastructure measures to deliver the spatial strategy

SPT13 European Protected Sites – mitigation of recreational impacts from development

TTV1 Prioritising growth through a hierarchy of sustainable settlements

TTV2 Delivering sustainable development in the Thriving Towns and Villages Policy Area

TTV29 Site allocations in the Smaller Towns and Key Villages

TTV30 Empowering local residents to create strong and sustainable communities

TTV31 Development in the Countryside

DEV1 Protecting amenity and the environment

DEV2 Air, water, soil, noise and land

DEV10 Delivering high quality housing

DEV14 Maintaining a flexible mix of employment sites

DEV15 Supporting the rural economy

DEV19 Provisions for local employment and skills

DEV20 Place shaping and the quality of the built environment

DEV21 Conserving the historic environment

DEV22 Development affecting the historic environment

DEV24 Landscape character

DEV28 Protecting and enhancing biodiversity and geological conservation

DEV30 Trees, woodlands and hedgerows

DEV31 Specific provisions relating to transport

DEV32 Delivering low carbon development

DEV33 Renewable and low carbon energy (including heat)

DEV34 Community energy

DEV35 Managing flood risk and Water Quality Impacts

DEV36 Coastal Change Management Areas

 

 

Neighbourhood Plan

There is no Made Tavistock Neighbouring Plan presently, although there is a formerly designated Tavistock Neighbourhood Plan Area.

Other material considerations include the policies of the National Planning Policy Framework (NPPF) and guidance in Planning Practice Guidance (PPG).

 

Considerations under Human Rights Act 1998 and Equalities Act 2010

The provisions of the Human Rights Act 1998 and Equalities Act 2010 have been taken into account in reaching the recommendation contained in this report.

 

Conditions:

 

1.Standard time limit

 

2.  The development hereby approved shall in all respects accord strictly with drawing number(s) SUDS Maintenance Regime, Reference 1007w0011 P3, by JRC Consulting, dated the 14/02/2022, received by the Local Planning Authority on the 31/03/2022; Site Layout Plan (aerial photograph) 0101 Rev P1; Network: Storm Network 1, John Curtis, June 2019; Network: Storm Network 2, John Curtis, 15/10/2019; Proposed Drainage Strategy 50 Rev P6, all received by the Local Planning Authority on the 26th of January 2022.

Landscape Statement by Luscombe Maye, November 2021; Landscape Plan 1:200 Scale @A3 Nov 2021; Tree Protection Plan and Method Statement 04191 TPP 13.7.21; Impermeable Area Plan 3120 P1; Units 3 & 8 Drainage Layout 3500 P1; Units 3 & 8 Private Drainage Construction Details 3565 P1; Unit 3 Private Drainage Construction Details 3566 P1, all received by the Local Planning Officer on the 6th of December 2021.

Energy Statement Building 3 by Energy Compliance March 20; 1:100 and 1:200 Scale Western Elevations 303 B, both received by the Local Planning Authority on the 20th of August 2021.

Framework Travel Plan by PCL Transport, 25th of January 2017, Reference 4140; Lighting Elevation Plan 302 E; KSR Lighting Navara SFLED Data Sheet; Building 3 Foul and SW Drainage 309; Building 3 1:100 Scale Unit Plan 301 E; Elevations 302 E; Site Location Plan 304; Sections 306 A; Building 3 Foul and SW Drainage 307 C; Building 3 1:200 Scale Site Plan 300 C, all received by the Local Planning Authority on the 22nd of July 2021.

Reason: To ensure that the proposed development is carried out in accordance with the drawings forming part of the application to which this approval relates.

3.  Prior to their installation details / samples of facing materials, and of roofing materials to be used in the construction of the proposed development shall be submitted to and approved in writing by the Local Planning Authority. The development shall then be carried out in accordance with those samples as approved.

Reason: In the interests of visual amenity.

4.  The development shall strictly accord with the Arboricultural Method Statement, drawing reference 04191 TPP 13.7.21

Reason: To protect existing retained trees and those to be planted.

5.  Then proposed landscaping shall be carried out in accordance with the revised approved plan, drawing reference Landscaping Plan at 1:200 Scale @ A3, Rev A Nov 2021.

Reason: In the interest of visual amenity in order to protect and enhance the amenities of the site and locality.

6. Details of how the development will meet with the objectives of Policy DEV32 of the Plymouth and South West Devon Joint Local Plan shall be submitted to and approved in writing by the Local Planning Authority. The development then shall be carried out in accordance with the approved details and maintained in perpetuity thereafter.

Reason: To demonstrate that the development can deliver low carbon through the life of the development in accordance with Policy DEV32 of the Plymouth and South West Devon Joint Local Plan.

7.  The maintenance of the surface water drainage system shall be maintained in accordance with the SUDS Maintenance Regime, undertaken by JRC Consulting Engineers, reference 1007w0011.

Reason: To ensure the Surface Water Drainage Systems operates in an efficient manner and regularly maintained so as to avoid any surface water flooding.