Agenda item

Planning Applications

Meeting of South Hams Development Management Committee, Wednesday, 7th November, 2018 9.30 am (Item DM.37/16)

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/

Minutes:

DM.37/18

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:

3475/17/OPA: Proposed Development Site SX857 506, Land south of Townstal Road, Dartmouth

Parish: Stoke Fleming

READVERTISEMENT (Revised Plans) Outline application with some matters reserved (only access to be considered) for residential development of up to 210 dwellings, public open space, green infrastructure, strategic landscaping and associate infrastructure

Case Officer Update: None

Speakers included: Supporter – Mr Robin Upton: Parish Council representative – Cllr Struan Coupar: Town Council representative – Cllr David Gent; Ward Members – Cllr Hicks (statement read out), Cllr Bastone

Recommendation: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

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 Development Management 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: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

Conditions:

1. Details of the appearance, landscaping, layout and scale (the reserved matters) for each phase or phases of the development to be agreed

2. Application for approval of the reserved matters for the first phase of the development shall be made to the local planning authority not later than four years from the date of this permission.

3. The development hereby permitted shall begin not later than two years from the date of approval of the last of the reserved matters to be approved for the first phase of the development

4. The development shall be carried out in accordance with the approved plan

5. Phasing condition

6. LEMP to be agreed

7. Percolation test condition

8. Detailed design of the proposed permanent surface water drainage management system to be submitted and agreed

9. Groundwater monitoring programme results to be submitted and agreed

10. Full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system submitted and approved

11. Detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction submitted and approved

12. Ecological mitigation strategy for each phase submitted and approved

13. Details of tree protection measures

14. Construction management plan

15. No part of the development hereby approved shall be commenced until:

 The access road and roundabout in phase 1 [application 15_51/1710/14/O (Appeal Decision APP/K1128/W/15/3039104),] has been laid out, kerbed, drained and constructed up to base course level for the first 20 metres back from its junction with the public highway;

 The ironwork has been set to base course level and the visibility splays required by this permission laid out; and

 The footway on the public highway frontage between phase 1 and the Leisure Centre required by the phase 1 permission has been constructed up to base course level; and

 a site compound and car park have been constructed to the written satisfaction of the Local Planning Authority

16. Archaeology condition

17. For internal roads on the site within an approved phase of the development hereby permitted; the proposed estate road, cycleways, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, surface water outfalls, road maintenance/vehicle overhang margins, embankments, visibility splays, accesses, car parking arrangements and street furniture within that phase shall be constructed and laid out in accordance with details to be submitted and approved

18. Unsuspected contamination

19. No part of the development hereby permitted shall be occupied until a verification report, demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation, has been submitted to, and approved in writing by, the local planning authority.

20. Car parking arrangements

21. Lighting Strategy

3954/17/FUL Proposed Phase 2 development site at SX 619 565, immediate north of Harford Mews, Cornwood Road, Ivybridge

Parish: Ivybridge

Erection of 101 dwellings including all associated Public Open Space, landscaping and all other associated works

Case Officer Update:None

Speakers included: Objector – Mr Jack Aust; Supporter – Mr Ben Smith; Town Council representative – Cllr Sarah Hladkij; Ward Member – Cllr Saltern (statement read out)

Recommendation: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

Conditions:

1. Time

2. Accords with plans

3. CEMP

4. LEMP

5. Travel plan to be submitted, approved and implemented

6. Proposed estate roads etc to be constructed and laid out in accordance with details to be agree by LPA

7. Phasing to be agreed

8. Roads for each phase to be provided

9. Unsuspected contamination

10. Mitigation of recreational impacts on Tamar SAC

11. Exterior lighting to be agreed

12. Detailed hard and soft landscaping to be agreed and implemented, including levels and means of access to POS.

13. Tree and hedgerow protection to be agreed and implemented

14. Materials to be agreed

15. Details of boundary treatments and retaining walls/structures to be agreed, including siting.

16. Pre-commencement - Detailed design of surface water management scheme

17. Pre-commencement - Construction phase surface water management scheme

18. Details of management of drainage

19. Provision of parking and turning areas prior to occupation

20. Removal of PD – boundary treatments, hard standings, roof extensions

21. Removal of PD – plots 23 -42 only – extensions and outbuildings

22. Provision of electric charging points – details to be agreed and implemented.

2075/18/FUL 18 Bridgetown, Totnes

Parish: Totnes

Conversion of B1 office to C3 residential including demolition of modern extensions to listed building. Erection of detached dwelling to rear garden of property

Case Officer Update: None

Speakers included: None

Recommendation: Conditional Approval

Committee Decision: Site Inspection

2076/18/FUL 18 Bridgetown, Totnes

Parish: Totnes

Listed Building Consent for conversion of B1 office to C3 residential including demolition of modern extensions to listed building. Erection of detached dwelling to rear garden of property

Case Officer Update: None

Speakers included: None

Recommendation: Conditional Approval

Committee Decision: Site Inspection

1303/18/OPA Land adjacent to New Park Road, Lee Mill

Parish: Sparkwell

Outline application with all matters reserved except for access, for residential development of up to 110 dwellings with open space, landscaping, allotments, drainage infrastructure, estate roads and associated development

Case Officer Update: None

Speakers included: Objector – Mrs Lesley Hughes: Supporter – Mr Ed Haynes: Parish Council Representative – Cllr Andrew Ashley: local Ward Member – Cllr Baldry

Recommendation: Delegate to COP Lead Development Management, in conjunction with Chairman of the Committee, to conditionally grant planning permission subject to a section 106 legal obligation.

Committee Decision: Refusal

Reasons:

1. The proposed development in the countryside will result in a significant extension and expansion of the village of Lee Mill which has already had significant amounts of new housing in recent years that exceed the housing needs of the Parish. The proposed development will add substantially to the cumulative impact of new development in the village that delivered as unplanned development in a short time frame, without adequate supporting infrastructure will adversely impact on the social wellbeing and character of the village. As such the proposed development is not sustainable and is contrary to principles of the NPPF, in particular paragraphs 8, 11 and 92 and is contrary to Policies CS1 and DP15 of the South Hams Local Development Framework and Policies SPT1, SPT2 and TTV30 and TTV31 of the emerging Plymouth and South West Devon Joint Local Plan

2. The proposal would generate a requirement for a signed Section 106 agreement to deliver identified planning obligations. The absence of such a signed agreement is contrary to policies CS6, CS8, CS10, DP5 and DP8 and of the South Hams Local Development Framework, policies DEV9, DEV28, DEV29, DEV32 of the emerging Plymouth and South West Devon Joint Local Plan and paragraphs 54, 56 and 57 of the National Planning Policy Framework.

1884/18/FUL Tuscanys Social Club, Legion Lane, Brixton

Parish: Brixton

Application for amendments to planning approval 2771/16/FUL (Demolition of redundant club and meeting rooms and construction of 4 no. dwelling units) including changes to roofs and garages

Case Officer Update: Proposed amendment to condition 14, access road to be provided prior to the occupation of the second dwelling

Speakers included: Objector – Mr Martyn Oates: Supporter – Mr Andrew Lethbridge/Mr Rod Smith: local Ward Member – Cllr Brown

Recommendation: Conditional Approval subject to the submitted engrossed Section 106 agreement which secures the following:

· Secondary education contribution of £10,944

· Secondary education transport contribution of £2,859

· Open Space, Sport and Recreation: £11,900 pitches – facilities at Horsham Playing Fields

· and £7,600 for play – facilities on the Brixton Play Trail

During a detailed discussion on this application, concerns were raised over the land slip that had taken place and the engineering works that were required. As a result, it was PROPOSED, SECONDED and on being put to the vote CARRIED, that the final wording of Condition 4 be delegated to the COP Lead Development Management in consultation with the Chairman and local Ward Members.

Committee Decision: Conditional Approval subject to the submitted engrossed Section 106 agreement which secures the following:

· Secondary education contribution of £10,944

· Secondary education transport contribution of £2,859

· Open Space, Sport and Recreation: £11,900 pitches – facilities at Horsham Playing Fields

· and £7,600 for play – facilities on the Brixton Play Trail

Conditions:

1. Accords with plans

2. Samples of roof materials and slate cladding to be agreed or accord with details previously agreed

3. Windows and doors to be timber and retained as such

4. No further excavation works or works to construct/provide the new access road shall take place within the site until a structural survey of northern bank has been undertaken and scheme for ensuring stability of the bank submitted and approved by the LPA and then implemented in accordance with a timetable of works to be agreed.

5. Details of any retaining walls to be submitted and agreed with LPA prior to their

Construction or to accord with any details submitted and approved under planning ref 0703/18/ARC.

6. Trees protection

7. Tree protection plan to be submitted, agreed and implemented or accord with details previously agreed under 4296/17/ARC

8. Adherence to recommendations in Butler Ecology Report dated 21 August 2014.

9. Details of levels to be submitted and agreed, including cross sectional drawings through the site or accord with level details previously agreed under 2437/17/ARC

10. Detailed landscaping scheme to be submitted and approved or accord with details as may be agreed as part of planning ref 3091/18/ARC

11. Removal of PD rights regarding roof extensions, roof alterations, flues and chimneys, extensions, outbuildings and boundary treatment.

12. Garages and car port to be retained for parking of motor vehicles only.

13. Turning head in front of Plot 3 to be provided in accordance with details prior to occupation of first dwelling and to be retained for turning purposes only; not be to be used for parking of cars nor to be obstructed in any other way.

14. Access road to be provided in accordance with approved plans prior to occupation of the first dwellings.

15. Details of surface treatment of all hard surfaces including access road to be submitted to and approved by LPA or to accord with details approved under ref 2437/17/ARC

16. Development to accord with Construction Management Plan approved under ref 2437/17/ARC unless otherwise agreed in writing.

17. Universal condition for development on land affected by contamination – or to accord with details approved under 2437/17/ARC

18. Verification Report (contaminated land)

19. Unsuspected Contamination

20. No street lighting unless previously agreed with LPA

21. Drainage to accord with approved details and retained and maintained

2031/18/FUL Lower Court Barns, Old Byre, A379 Strete Village, Strete

Parish: Strete

Construction of a new dwelling on land adjoining ‘The Old Byre’

Case Officer Update: Two further conditions proposed, relating to the buddel hole and the stone walling. A further condition was added on external lighting

Speakers included: Objector – Mr Nigel Backwith: Supporter – Mr Mark Evans: Parish Council Representative – Cllr Kate Gill: local Ward Member – Cllr Foss

Recommendation: Conditional Approval

Committee Decision: Conditional Approval

Conditions:

- Time

- In accordance with plans

- Remove PD

- In accordance with ecology report

- Unsuspected contamination

- Foul drainage (pre-commencement)

- In accordance with SWD

- Retention of surrounding hedging and trees

- Details of trees to be planted

- Screening planting along footpath to prevent overlooking of School House.

- Details of potential noise from air source heat pump

Plus further conditions proposed re buddel hole and stone walling, and external lighting

2231/18/FUL Crofters Cottage, Raddicombe Lane, Hillhead

Parish: Kingswear

Creation of new two bedroom bungalow, with garage and relocation of garage to original house

Case Officer Update: None

Speakers included: Objector – Mr Bob Bowling: Supporter – Mr Barry Lowe: Parish Council Representative – Cllr Hector Newcombe: local Ward Member – Cllr Rowe

Recommendation: Conditional Approval

During discussion, an additional condition was agreed that would set out the timings of deliveries and external works

Committee Decision: Conditional Approval

Conditions:

- Time

- In accordance with plans

- Remove PD

- Unsuspected contamination

- Surface water drainage

- Foul drainage

- Details of landscaping and boundaries, including parking

Plus additional condition regarding construction management

2827/18/FUL Scarswell, Slapton

Parish: Slapton

Demolition of mono-pitched store and conversion of main livestock building to 5 bedroom detached dwelling with guest suite, integrated garage and parking/turning area

Case Officer Update: None

Speakers included: Supporter – Mr Jeff Beer: local Ward Member – Cllr Foss

Recommendation: Refusal

Committee Decision: Refusal

2080/18/FUL Cachel, Onslow Road, Salcombe

Parish: Salcombe

READVERTISEMENT (Revised Plans) New driveway to existing dwelling and new detached dwelling

Case Officer Update: One late letter received, summarised for Members

Speakers included: Objector – Mr Richard Wootton: Supporter – Mrs Sue Ruffell: Town Council Representative – Cllr Nikki Turton; local Ward Members - Cllrs Pearce/Wright

Recommendation: Conditional Approval

Committee Decision: Conditional Approval

Conditions:

1. Time Limit

2. In accordance with Plans

3. Removal of PD – Extensions

4. Removal of PD – Boundaries

5. Lighting

6. CEMP

7. External Materials

8. Hard and Soft Landscaping including Boundaries

9. Replacement Planting in the Event Plants Die

10. Approved Boundaries retained in Perpetuity

11. Drainage

12. Access/ parking/ turning areas provided and retained

2236/18/HHO 7 Brownhill Lane, Wembury

Parish: Wembury

Householder application for proposed detached garage and home office and associated external works (resubmission of 1441/18/HHO)

Case Officer Update: An additional condition should be added in respect of external lighting in the interests of the visual and residential amenities of the locality.

Speakers included: Objector – Mr John Holden: Supporter – Mr Andrew Newcombe: local Ward Member – Cllr Brown

Recommendation: Conditional Approval

Committee Decision: Conditional Approval

Conditions in summary:

§ Standard time limit

§ Adherence to plans

§ Drainage condition

§ Management plan for western boundary

§ Details of any external lighting to be submitted to and approved in writing prior to installation

Supporting documents: