Agenda and minutes

To approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Committee held on 11 May 2016;

DM.01/16      

The minutes of the meeting of the Committee held on 11 May 2016 were confirmed as a correct record and signed by the Chairman, subject to the correction of the reasons for refusal for application 2682/15/FUL to read as follows:

·                Impact including loss of green space backing the Conservation Area and Heritage Asset; and

·                Adverse impact on AONB of design, materials and massing.

Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting;

DM.02/16      

Members and officers were invited to declare any interests in the items of business to be considered and the following were made:

Cllr R Foss declared a personal interest in application 28/1560/15O:  Outline application with some matters reserved for residential development scheme for 32 no. dwelling at allocated site K4 – Proposed development site at SX 7392 4386, Allocated Site K4, Garden Mill, by virtue of knowing the landowner.  He remained in the room and took part in the debate and vote thereon.

DM.03/16      

The Chairman announced that a list of members of the public who had registered their wish to speak at the meeting had been circulated.

DM.04/16        PLANNING APPLICATIONS

The Committee considered the details of the planning applications prepared by the Planning Case Officers as presented in the agenda papers, and considered also the comments of Town and Parish Councils together with other representations received, which were listed within the presented agenda reports, and RESOLVED that:

28/1560/15/O            Part of Allocated site K4, Garden Mill, Kingsbridge

                                    Parish: Kingsbridge

Outline application (with landscaping reserved) for erection of 32 no. dwellings and vehicular access

Case Officer Update:  Additional letter of objection received and revised consultation response received from Kingsbridge Town Council objecting to the application on the basis of number of affordable homes.

Speakers included:  Objector – Mr Mark Evans; Supporter – Mr Mark Donald/Mr Chris Hughes; Town Council Representative - Cllr Robin Griffin:  Ward Members – Cllrs Gilbert and Wingate

Recommendation:  Conditional Approval, subject to the satisfactory completion of a Section 106 Agreement dealing with the following matters:

1.     Affordable Housing Provision

2.    Education Financial Contribution

3.    Landscape and Ecology Management Plan

The Case Officer set out the policy context for this application.  Members had a lengthy discussion on the merits of the application and raised a number of concerns, particularly in relation to the impact on the neighbouring Listed Building and development within the AONB.  The local Ward Members raised concerns over the level of affordable housing being proposed.  The viability consultant responded to questions regarding the affordability of the scheme and the Specialist (Place Making – Housing) advised in relation to the number of affordable homes being proposed.  Other concerns were raised in relation to the design of the proposal, and that this proposal did not encompass a mixed proposal in line with the allocation being a mix of residential and employment uses.  To conclude, the majority of Members were unable to support the proposal. 

Committee Decision:  Refusal

Reasons:

1.         The development by reason of its scale, layout and design would result in harm to the setting of a Grade II Listed Building (Buttville House) and this harm is not outweighed by any public benefit of the proposed scheme.  The development would therefore be contrary to the advice contained within paragraphs 132 and 134 of the NPPF, S66 of the Planning (Listed Buildings) Act 1990, and Policy DP6 of the Development Policies DPD.

2.         The development is considered to constitute Major Development in the AONB and would cause visual harm to the character and appearance of the area, there are no exceptional circumstances to justify the development contrary to the advice contained within Paragraph 116 of the NPPF.  Furthermore, it has not been demonstrated that the development within the AONB is in the public interest.  The development would be contrary to Policy DP2 of the Development Policies DPD.

3.         The design and layout of the development is incoherent and fails to take the opportunity available for improving the character and quality of the area it does not, therefore, represent good design and is contrary to the provisions of Policy DP1 of the Development Policies DPD  ...  view the full minutes text for item DM.4/16

DM.05/16       

Members noted the list of appeals as outlined in the presented agenda report and the Planning Specialist responded to questions and provided more detail where requested.

Report of COP Lead Specialist – Development Management

DM.06/16       

Members were presented with a report that asked them to note where the DM Committee had previously granted conditional approval on a number of applications, subject to satisfactory completion of s106 agreements that included affordable housing or an affordable housing contributions.  As a result of a recent Court of Appeal decision it was necessary to advise the Members of the impact of that decision on the previously granted applications.

               It was then:

               RESOLVED

1.         That s106 agreements on small scale residential development previously considered by the Development management Committee be completed without the requirement for affordable housing or an affordable housing contribution; and

2.         In cases where the s106 Agreement for small scale residential development only related to the provision of affordable housing or a financial contribution to affordable housing, the applications are approved without the requirement for a s106 agreement.