Agenda item

To see Letters of Representation and further supplementary information relating to any of the Applications on the agenda, please select the following link and enter the relevant Planning Reference number: http://apps.southhams.gov.uk/PlanningSearchMVC/

 

DM.05/18       

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:

 

2062/17/FUL                 Styles Garden Leisure Centre, Moles Lane, Marldon

Parish:  Marldon

 

Expansion and redevelopment of existing established garden centre and nursery incorporating the removal of existing polytunnels/greenhouses, construction of new garden centre building, retention of existing buildings for nursery/horticultural use, associated car parking and landscaping

 

Case Officer Update:   Amendment to the financial contribution for highways works, sub to be agreed by the COP Lead in consultation with the Chairman

 

Speakers included:       local Ward Member – Cllr Pennington

 

Recommendation:                Authority delegated to COP Lead DM, in consultation with the Chairman, to grant conditional approval subject to completion of a s106 legal agreement

 

However in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead DM in consultation with the Chairman of the Committee, and if no progress is being made delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement

 

Committee Decision:            Authority delegated to COP Lead DM, in consultation with the Chairman, to grant conditional approval subject to completion of a s106 legal agreement

 

However in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead DM in consultation with the Chairman of the Committee, and if no progress is being made delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement

 

 

Conditions (summarised below from report):

1.     Time

2.     Accords with plans

3.     Materials to be agreed

4.     Detailed hard and soft landscaping plan including cross sections

5.     Implementation of recommendations set out in AIA and tree protection and planting implementation plan.

6.     Details of levels

7.     Universal condition for land affected by contamination

8.     Verification report

9.     Unsuspected contamination

10.  CEMP

11.  Travel Plan

12.  Road widening on Moles Lane to be implemented in accordance with details to be approved by LPA

13.  Provision of new access prior to use

14.  Provision, laying out and surfacing of car park and turning areas prior to use

15.  Program of Archaeological work to be secured and implemented

16.  Development in accordance with recommendations of ecology report

17.  External lighting details to be agreed

18.  Percolation testing

19.  Detailed design of surface water management scheme plus details of maintenance and exceedance

20.  Construction phase drainage scheme to be agreed and implemented

21.  Electrical charging facilities

22.  Restriction on range of goods to be sold

23.  Floorspace limits on retail and types of retail

24.  Existing nursery building not be used for retail purposes

25.  Site to be operated as a single business with subdivision of the retail area(s) nor independent access points provided

26.  Any concessions shall not have independent access and shall only operate in conjunction with the wider garden centre use.

27.  Maximum floor area for café which shall only operate in conjunction with the wider garden centre use

28.  Delivery hours restricted 07.00 to 22.00 hours

29.  Details of ventilation and extraction

 

 

 

3631/17/OPA                Beacon Park, Dartington

Parish:  Dartington

 

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

 

Case Officer Update:    The application had been re-advertised as the description could have been misunderstood, so the recommendation amended to allow for this; the Environment Agency objection had now been withdrawn subject to two additional conditions; pre-commencement conditions may be re-worded in consultation with consultees

 

Speakers included:       Objector – Mrs Pam Starkey:  Supporter – Mr Peter Swallow:  Parish Council – (statement read):  local Ward Member – Cllr Hodgson (statement read)

 

Recommendation:               

Authority delegated to COP Lead DM, in consultation with the Chairman, to grant conditional approval subject to completion of a s106 legal agreement, and subject to no new issues being raised as a result of the re-advertisement

 

However in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead DM in consultation with the Chairman of the Committee, and if no progress is being made delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement

 

Committee Decision:            Authority delegated to COP Lead DM, in consultation with the Chairman, to grant conditional approval subject to completion of a s106 legal agreement, and subject to no new issues being raised as a result of the re-advertisement

 

However in the event that the s106 legal agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead DM in consultation with the Chairman of the Committee, and if no progress is being made delegated authority is given to the COP Lead to refuse the application in the absence of an agreed s106 legal agreement

 

Conditions:

 

1.      Time limit for submission of reserved matters (5 years after approval of outline) and Time limit for commencement (5 years or 2 years after approval of last reserved matter)

2.      Development to be carried out in accordance with approved drawings

3.      Reserved matters to include appearance, landscaping, layout and scale

4.      Reserved Matters Application to include: -

-        Noise assessment in accordance with BS4142:2014 where an external plant affixed to buildings is proposed

-        Lighting plan (showing lux contours/isoclines) to demonstrate that the proposal will not exceed light levels of 0.5lux within the 20m southern habitat corridor.

5.      Percolating testing

6.      Details of proposed permanent surface water drainage management system

7.      Groundwater monitoring programme to be undertaken over a period of 12 months

8.      Details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system

9.      Details of proposed surface water drainage management system to serve development site for the full period of its construction to be submitted. 

10.   Scheme to deal with the risks of contamination prior to the development of each phase

11.   Verification report

12.   Unsuspected land contamination

13.   Bus stop scheme

14.   Details of road infrastructure to be submitted

15.   Works within vicinity of hedgerow restricted until LPA has copy of licence for Dormice

16.   Site preparation or vegetation clearance restricted until LPA has copy of licence for Great Crested Newts

17.   LEMP to be submitted detailing habitat maintenance measures

18.   CEMP to be submitted detailing timings and work methodologies 

19.   Provision of electric charging points

20.   Provision of a travel plan

21.   Construction Management Plan

22.   Full hard and soft landscaping details

23.   Full tree protection measures

24.   Arboricultural method statement

25.   Full cut/fill soil volume calculations and details of removal of surplus spoil to a licenced disposal facility

26.   lighting scheme and lighting unit details

27.   Use restricted to B1, B2 and B8

28.   No lorries to be delivered or despatched from site between 23.00 and 07.00

29.   No refrigeration units to operate on lorries between 23.00 and 07.00

30.   Additional condition re finished floor levels

31.   Additional condition re no development within the floodplain

 

 

3967/17/VAR                The High Nature Centre, East Portlemouth

Parish:  East Portlemouth

 

Variation of condition number 3 following grant of planning permission 20/0785/12/F to allow the roundhouse to be granted permanent permission

 

Case Officer Update:   The original application description was to vary condition 3, during the life of the application revised drawings were submitted and a request was made to vary condition 2, so the decision today is to vary conditions 2 and 3, the application will need to be re-advertised so the recommendation is amended to one of delegated authority subject to no new issues being raised

 

Speakers included:       Objector – Ms Ruth Froud:  Supporter – Ms Catherine Middleditch:  Parish Council – Cllr Mike Harris:  local Ward Member – Cllr Brazil

 

Recommendation:      Refusal

 

The local Ward Member spoke in support of the application, and outlined how, in his view, the environmental, social and economic benefits outweighed the harm.  Biodiversity had increased on site, the business now had cashflow status and he quoted from a recent newspaper article that had reported the activities available on the site.  Another Member was mindful of the need to protect the AONB but felt that the site offered the opportunity for outside space to be enjoyed which was important.  

 

Committee Decision: Conditional Approval

 

Reason:          The social, economic and environmental benefits of the proposal outweigh any harm to the AONB.  The proposal supports Policy DP12.

 

Conditions:

 

In order to ensure that the conditions applying to this permission were correct, Members agreed that the COP Lead Development Management be given delegated authority to compile the list of conditions outside of the Committee meeting, in consultation with the Chairman and Vice Chairman for approval.

 

 

 

3880/17/OPA             Proposed development site at SX 775 424, East of Creek Close, Frogmore

Parish:  Frogmore

 

Outline application (with all matters reserved) for the erection of 8 dwellings (including affordable housing), access and associated landscaping

 

Case Officer Update:A further letter of representation had been received but no new issues had been raised

 

Speakers included:       Objector – Ms Sue Beswick:  Supporter – Mr Alex Perraton:  Parish Council – Cllr Peter Hadley:  Local Ward Member – Cllr Foss

 

Recommendation:                Authority delegated to COP Lead DM, in consultation with the Chairman, to conditionally approve the application subject to completion of a s106 legal agreement

 

During discussion, Members noted that the site was within the AONB, and also took account of the parish council comments that there was strong opposition to development on this site. 

 

Committee Decision:            Refusal

 

Reasons: 

1.    The site is located within the South Devon Area of Outstanding Natural Beauty, where great weight should be given to conserving landscape and scenic beauty. It has not been demonstrated that there is an overriding need for the development proposed which would outweigh the harm to local landscape character in this sensitive landscape. The proposal does not therefore satisfy the aims of the National Planning Policy Framework (notably but not limited to paragraphs 14 and 115); Policies CS9, DP2 and DP15 of the South Hams Local Development Framework; and Policies TTV31, DEV24 and DEV27 of the emerging Plymouth and South West Devon Joint Local Plan.

 

2.    A final Section 106 Agreement to secure planning obligations appropriate to the scale of development proposed has not been completed and signed. The proposal is therefore contrary to the LDF Planning Obligations SPD; Policy DEL1 of the emerging Plymouth and South West Devon Joint Local Plan; and the National Planning Policy Framework.

 

 

3545/17/FUL                 Seafront, Marine Drive, Bigbury on Sea

Parish:  Bigbury

 

Demolition of existing building and outbuildings and erection of 2no. replacement dwellings including creation of new access off Marine Drive

 

Case Officer Update:   None

 

Speakers included:       Objector – Mr Norman Botton:  Supporter – Mr Andrew Lethbridge:  Parish Council – Cllr Bryan Carson:  local Ward Member – Cllr Baldry (on behalf of Cllr Huntley who had declared a disclosable pecuniary interest)

 

Recommendation:      Conditional Approval

 

Committee Decision: Conditional Approval

 

Conditions:

1.    Time

2.    Accord with Plans

3.    Roof specification, including solar panels, prior to installation

4.    Materials samples prior to installation

5.    Landscape plan prior to commencement

6.    Accord with Japanese Knotweed mitigation, updated report prior to commencement

7.    Accord with recommendations of ecological report

8.    Retain garage for parking, plot two

9.    Unsuspected contamination

 

 

 

3741/17/FUL                 Crofters Cottage, Raddicombe Lane, Hillhead

Parish:  Kingswear

 

New detached two bedroom bungalow to the rear of the plot (resubmission of 2615/17/FUL)

 

Case Officer Update:   Following comments made at the site inspection it was confirmed that revised plans had not been submitted

 

Speakers included:       Objector – Mrs Tina Clifford:  Supporter – Mr Simon French:  local Ward Member – Cllr Rowe (statement read) and Cllr Hawkins

 

Recommendation:      Conditional Approval

 

During discussion, Members referred to the site visit and the majority of Members noted how the public amenity of the neighbouring properties would be negatively affected by the proposal.

 

Committee Decision: Refusal

 

Reason:  The proposed dwelling and new driveway, by reason of their close proximity to the neighbouring property boundaries and rear gardens would result in a cramped and unneighbourly development causing a harmful change in outlook to no. 27 that would create a sense of enclosure and introduce additional noise and disturbance contrary to policies DP1 and DP3 of the Development Management Policies Document 2010 and emerging policies DEV1 of the Emerging Joint Local Plan.

 

 

4017/17/FUL                 Cott House, Cott Lane, Dartington

Parish:  Dartington

 

Relocation of detached garage and erection of two detached dwellings

 

Case Officer Update:   None

 

Speakers included:       Objector – Ms Helen Tune (statement read):  Supporter – Mr Richard Boyt:  local Ward Member – Cllr Hodgson

 

Recommendation:      Conditional Approval

 

Committee Decision: Conditional Approval

 

                        Conditions:

 

1.     Time limit

2.     Accord with plans

3.     Approval of external materials

4.     Landscaping

5.     Drainage - surface water

6.     Drainage - foul

7.     Accord with the Preliminary Ecological Appraisal

8.     Development in accordance with AIA

9.     Tree protection measures

10.  Provision of new access road prior to occupation

11.  Construction  and delivery hours

12.  Removal of PD – extensions, outbuildings, means of enclosure and hardstandings

13.  No external lighting on or beyond the west elevations of the dwelling houses unless agreed by LPA.

 

 

2748/17/FUL                 Brewery Quay, Island Street, Salcombe

Parish:  Salcombe

 

The demolition of all existing buildings on site while retaining the southern stone boundary wall and concrete quay, erection of a 60sq m commercial unit at ground floor and a 6 bedroom dwelling with guest suite complete with existing access and the creation of fice associated parking spaces

 

 

Case Officer Update:   Description amended to 266 sq m commercial floor space and four parking spaces; amendments to conditions 12 and 13 and further conditions regarding use of commercial space being B1, A2 and B8 with the exception of the front retail unit being A1;  condition stating commercial floor space to be complete and available for use prior to residential space; further condition from Environment Agency; omission of policy reference in report which should include DP14 employment floor space; two later letters of representation, from Pebbles to which the applicant had responded and from Chamber of Commerce for Kingsbridge, Salcombe and Malborough

 

Speakers included:       Objector – Mr David Greening:  Supporter – Mr David Farrell:  Town Council – Cllr Mike Fice:  local Ward Members – Cllr Wright (statement read) and Cllr Pearce

 

Recommendation:      Conditional Approval

 

During discussion, a number of Members raised concerns regarding the inclusion of a residential element in the proposal.  The siting of the proposal was in a commercial area.  One Member stated that the emerging Neighbourhood Plan should be respected.  Another Member stated that commercial areas being taken over by residential areas and higher value commercial businesses was inevitable, as it was happening in other areas.  One Member stated that the proposal site was viable for the right business, and another Member added that allowing housing on this site was sending a dangerous message and coastal communities had to be protected.

 

Committee Decision: Refusal

 

Reason:

 

1.    The proposed development will result in the loss of viable, locally important employment land of which there is limited supply and without suitable replacement and has not demonstrated that the same number of jobs will be provided for, to the detriment of the local economy and contrary to Policy DP14 of the South Hams Local Development Framework, Policy DEV14 of the Plymouth and South West Devon Joint Local Plan. Policy SALC EM2 of the Draft Salcombe Neighbourhood Plan and the National Planning Policy Framework in particular paragraphs 18, 19 and 21. 

 

2.       The proposed replacement employment floorspace is sited within Flood Zones 2 and 3 where it will be liable to flooding but where the building is not designed to encourage marine based employment use.  As such the employment floorspace within Flood Zones 2 and 3 is likely be unattractive to the market and thus unviable as employment space. This will lead to further loss of employment land contrary to Policy DP14 of the South Hams Local Development Framework, Policy DEV14 of the Plymouth and South West Devon Joint Local Plan. Policy SALC EM2 of the Salcombe Neighbourhood Plan (draft)and the National Planning Policy Framework in particular paragraphs  18, 19 and 21.

 

3.      The proposed dwelling would be located within an established employment area and will sit immediately adjacent to Shadycombe Creek in close proximity to the working Fish Quay.  These surrounding employment uses can give rise to significant levels of noise and disturbance.  A dwelling in this location could result in unreasonable restrictions being put on the existing employment uses if it can be demonstrated in the future that the uses will have adverse impacts on the health and quality of life of occupiers of the new dwelling.  As such the proposed development is contrary to Policy DEV 1 of the Plymouth and South West Devon Joint Local plan and the National Planning Policy Framework in particular paragraph 123.

 

4.      Having regard to the scale, massing and design resulting from the projecting lift shaft within the scheme the proposed development will be out of character with the area presenting an incongruous feature in the street scene.  As such it will fail to conserve or enhance the character of the Conservation Area and will fail to conserve the scenic beauty of this part of the South Devon Area of Outstanding Natural Beauty contrary to Policies DP1, DP2, DP6 of the South Hams Local Development Framework, Policies DEV 20, DEV 22, DEV 24 and DEV 27 of the Plymouth and South West Devon Joint Local Plan and Policies SALC Env1 and SALC B1 of the Draft Salcombe Neighbourhood Plan and the National Planning Policy Framework in particular paragraphs 56, 115 and 134.

 

           

1607/17/VAR                Ackrells Field, Littlehempston

Parish:  Littlehempston

 

Application for prior notification of agricultural building to provide storage of animal feeds, straw, hay and farm equipment (resubmission of 1114/18/AGR)

 

Case Officer Update:   Revised plans had been received, along with elevational sketches and further details of the nature of the agricultural use; further letters of representation received, including a letter of representation from the Parish Council which was quoted

 

Speakers included:       Objector – Mr Keith Taylor

 

Recommendation:      Agricultural determination, details not required

 

During discussion, a number of Members accepted the need for a building of the size proposed in relation to the size of the field, but there were concerns over the precise siting of the building and whether moving the building would negate the need for a track.

 

Committee Decision: Prior Approval Needed

 

 

1958/17/FUL                 The Wardroom, Fore Street, Salcombe

Parish:  Salcombe

 

Retrospective application for change of use of land to A3 (Café and seating area)

 

Case Officer Update:   None

 

Recommendation:      Conditional Approval

 

Committee Decision: Conditional Approval

 

Conditions:

1.  Accord with Plans

2.  No external lighting unless otherwise agreed in writing

3.  Tie use to the Wardroom Café

 

 

1291/18/FUL                 Salcombe Fish Quay, Gould Road, Salcombe

Parish:  Salcombe

 

Proposed installation of replacement fenders and pontoon with new pontoon access footbridge

 

Case Officer Update:   None

 

Recommendation:                Authority delegated to the COP Lead DM, in consultation with the Chairman, to conditionally approve the application subject to resolution of the comments received from Natural England

 

Committee Decision:            Authority delegated to the COP Lead DM, in consultation with the Chairman, to conditionally approve the application subject to resolution of the comments received from Natural England

 

Conditions:

 

1.     Standard time limit

2.     Accord with plans

3.     Pontoon lighting details – prior to installation

4.     Any conditions requested or relating to issues raised by Natural England/Environment Agency