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/

 

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:

 

b)       2499/18/FUL        Land adj. to The Old Mill, Woodland Road, Harbertonford,                                  TQ9 7RS

                                    Parish:  Harberton    Ward:  West Dart

 

Demolition of existing barn structure and erection of 4 new residential dwellings with associated landscaping (Re submission of 2564/17/FUL)

 

Case Officer Update:      None

 

Speakers included:         Against – Mr Christopher Bowley; For – Mr Ashley Piggot; Harberton Parish Council – Cllr George Waite; Ward Member – Cllr John M^cKay

 

Recommendation:          Conditional Approval

 

During discussion, concerns were raised over the turning circle for cars to enter the ground floor garages and the number of cars using the area around the development and the existing properties.  There were also concerns raised over the use of zinc for the roof as it had a life span of only 60 – 70 years, and the use of brick slip instead of stone.  It was felt by some Members that the application was an overdevelopment of the site and therefore unneighbourly.

 

Committee Decision:     Refusal, with delegated authority being given to the Head of Practice for Development Management to determine the wording of the reasons, in consultation with the Chairman and Vice Chairman of the Committee and the proposer (Cllr Hodgson) and the seconder (Cllr Rowe) of the motion.

 

Reasons:

Delegated reasons for refusal to Chair, Vice Chair, Proposer of refusal (Cllr Hodgson), and Seconder of refusal (Cllr Rowe)          Namely:  Overdevelopment, scale and massing with blank wall facing neighbour therefore unneighbourly;

Insufficient parking and manoeuvring space; Inappropriate materials and design – dormers

           

c)       2655/19/FUL        Land at New Mills Industrial Estate, Modbury, PL21 0TA

                                    Parish:  Modbury      Ward:  Charterlands

 

Proposed provision of Equine Veterinary Facilities

 

Case Officer Update:      The drainage issues had been resolved and the drainage objection removed         

Speakers included:         None

 

Recommendation:          Conditional Approval

Committee Decision:     Conditional Approval

 

Conditions:                                

1.  Time limit

2.  Accord with plans

3. The premises hereby permitted shall be used solely for the purposes of veterinary surgeons to practice associated with the veterinary practice currently known as ‘South Moor Veterinary’ and for no other purposes.

4. Hedgebank provided prior to occupation

5. Hours, no operation outside of business hours unless in the case of emergency

6. No external lighting

7. Drainage conditions (if recommended by SHDC Drainage Specialist)

 

 

d)       3795/19/FUL        Higher Yetson Farm, Ashprington, Totnes, TQ9 7EG

                                    Parish:  Ashprington            Ward:  West Dart

 

Demolition of agricultural building and construction of new residential dwelling following Class Q approval (1021/19/PDM)

 

Case Officer Update:      None

 

Speakers included:         None 

 

Recommendation:          Conditional Approval

Committee Decision:    Conditional Approval

 

Conditions:       

1.   Time limit for commencement

2.   Accordance with plan

3.   Foul drainage details

4.   Surface water details

5.   Unsuspected contamination

6.   Accord with ecology survey

7.   Works outside bird nesting season

8.   Materials

9.   Compliance with dev 32 (renewables/energy efficiency)

10.   Remove PD rights

 

 

e)       2434/18/ARM       Allocated Site K5, Land at SX 729 440, West Alvington Hill,                         Kingsbridge

Town Council:  Kingsbridge

Parish Council: West Alvington

Wards:  Kingsbridge and Salcombe & Thurlestone

 

READVERTISEMENT (Revised Plans Received and Amended Description) Application for approval of reserved matters following outline approval 28/0508/15/O for erection of up to 52 no. dwellings, 0.5 hectares of employment land, 2 no. vehicular accesses, open space, play provision and drainage.

 

Case Officer Update:        Clarification to the ecological impact (pg 88, para 2 of the published agenda) “in keeping with outline consent would enable delivery of employment site”.  Also on page 72 of the published agenda, remove the S106 legal agreement as the reserved matters already had an extant S106 so there was no need for a new one

The Case Officer clarified that the conditions relating to outline consent differed from those on the notice because some of the conditions had been combined.

 

New letters of representation had been received and another Letter Of Representation (LOR) from the South Hams Society had been circulated to the Committee.  Objections had been received from West Alvington Parish Council and Kingsbridge Town Council.  One LOR from a local business had been received regarding the impact on his coach business.  A number of objections had also been received regarding biodiversity impact.

 

It was clarified that the reserved matter to the outline planning application related to the second outline application as the first application was refused, with the appeal subsequently being turned down.

 

The amendments to the bin stores were highlighted.

 

Speakers included:          Objector – Ms Didi Alalyi:  Supporter – Mr Graham Hutton; Town Council representative – Cllr Dena Bex;   Ward Members – Cllrs O’Callaghan, Long and Pearce

 

Recommendation:          Conditional Approval via delegation to HoP Lead Development Management, in conjunction with Chairman, subject to a Section 106 legal Obligation, and discharge conditions 11 (foul drainage), 12 (surface water drainage), 18 (LEMP), 14 (landscaping) of 8/0508/15/O.

           

However, in the event that the Section 106 legal Agreement remains unsigned six months after this resolution, that the application is reviewed by the HoP Lead Development Management, in consultation with the Chairman of the Committee, and if no progress is being made delegated authority is given to the HoP to refuse to application in the absence of an agreed S106 Agreement

 

Members had a detailed discussion regarding the merits of the application, seeking clarification on various points including:  access to the car park and bins from the flats, disabled access to flats in relation to the 25% lifetime homes required from the outline permission, and achieving net gain in biodiversity.  The previous refusal had, in part, been due to the non-integration of affordable homes across the site – Members felt this had not been suitably addressed. Members also felt strongly that the housing mix did not reflect that of the Joint Local Plan for South Hams, which detailed 4+ beds being at 18% whereas this application had a ratio of 50% for 4+ bedrooms.  It was also felt that the 3.5 floored buildings at the entrance to the AONB did not enhance the AONB, contributing to issues with the scale and massing at the lower edge of the site.

 

Committee Decision:     Deferral

 

Reasons for Deferral:

The siting of affordable homes

Clarity over Dev 23 biodiversity enhancement

Steps and parking too remote from flats

Landscaping throughout estate

Housing mix

Scale and massing

 

 

f)           3197/19/OPA     Land adjacent to New Park Road, Lee Mill, Nr Ivybridge

Parish:  Sparkwell        Ward:  Newton & Yealmpton

Outline application with some matters reserved for residential development of up to 25 residential units including vehicular access, estate roads, landscaping, open space, drainage, infrastructure and all associated development.

 

Case Officer Update:       One more letter of representation with no new issues raised, and one correction:  S106 obligations, contribution to unclassified Sparkwell Road (301) should read £15,000.  One new condition added - Any reserved matters application for layout shall include details of a parking strategy that also seeks to provide some off-street parking for existing dwellings on New Park Road if community support for the parking is demonstrated.  The reason for this additional condition is:  In the interests of the safety and convenience of users of the highway and in the interests of amenity.

 

Speakers included:         Objector – Ms Lesley Hughes; Supporter – Mr Neal Jillings; Ward Members – Cllrs Thomas and Baldry.

 

Recommendation:          Conditional Approval - delegated to HoP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal obligation. However, in the event that the Section 106 legal Agreement remains unsigned six months after this resolution, that the application is reviewed by the HoP Lead Development Management, in consultation with the Chairman of the Committee, and if no progress is being made delegated authority is given to the HoP to refuse to application in the absence of an agreed S106 Agreement.

 

The debate about this application covered the amenity availability within Lee Mill itself, the potential increased congestion of traffic around Lee Road, and with S106 monies being ear-marked for Ivybridge rather than Lee Mill.  It was previously reported that Lee Mill had no identifiable housing needs, with the Joint Local Plan earmarking the potential for 20 houses.  Some Members felt this would be better met by infill rather than a new estate.  The parking issues were clarified by the Case Officer who confirmed that the new estate had provision for extra parking onsite and would be providing more parking on the access road, which would be provided without charge.

 

Committee Decision:     Conditional Approval

 

Conditions:

The terms of the Section 106 Obligation are:

·         30% affordable housing which shall include 70% social rent and 30% intermediate home ownership.

·         Occupants (to be calculated based on Table 3 of the SPD) x £595 towards ‘Provision of a MUGA at Bottlepark and/or improvements to sports facilities in Ivybridge as identified in the South Hams Playing Pitch Strategy 2015 and subsequent updates.’

·         Occupants (to be calculated based on Table 3 of the SPD) x £380 towards ‘improvements to, and ongoing maintenance of, play facilities at the adjacent Bottlepark play area’

·         Public access and on-going management and maintenance of the on-site public open space in perpetuity.

·         On-going management and maintenance of retained boundary features in accordance with LEMP

·        Primary school infrastructure: £29,863

·        Secondary school infrastructure: £82,203

·        Primary school transport: £31,504

·        Secondary school transport: £12,433

·        £6000 per dwelling towards a capacity, safety, amenity and air quality mitigation scheme in and around Lee Mill

·        Contribution of £15,00 towards the unclassified road 301 in Sparkwell

·        Implementation of LEMP and SUDs

·        Clause securing delivery of offsite delivery of compensation/appropriate Biodiversity Net Gain in the event that it is not possible to evidence sufficient onsite provisions at Reserved Matters when applying the Defra Biodiversity Metric Calculator. This may be by way of a monetary sum or offsite delivery of habitat creation or enhancement on land owned by the landowner, and should be consistent with the detail within the JLP SPD.

·        Prior to first occupation of any residential unit, a contribution in accordance with Table 3 of the Plymouth Sound and Estuaries European Marine Site Recreation Mitigation and Management Scheme (November 2019) shall be paid to the Local Planning Authority

 

Conditions

1.    Std outline time condition

2.    Reserved matters to be submitted

3.    Accords with plans

4.    Submission and agreement of details (including on-going management and maintenance) of the public open spaces at reserved matters stage

5.    CEMP

6.    Proposed estate roads etc details to be agreed and provided

7.    Access road – first 20m to be laid out before any other development continues

8.    Footway(s) to Holly Berry Road to be provided prior to occupation

9.    Housing mix to be agreed at reserved matters stage and shall meet local housing need.

10. Detailed design of surface water management to be agreed at reserved matters stage.

11. Prior to commencement - Construction phase surface water management to be agreed

12. Prior to commencement – exceedance route to be agreed

13. Prior to commencement – details of the adoption and maintenance to be agreed.

14. PROW diversion order to be made prior to commencement of development if required

15. Details of any works to the PROW to be agreed

16. Unsuspected contamination

17. Prior to commencement - to secure the implementation of a programme of archaeological work in accordance with a written scheme of investigation agreed with the LPA

18. Lighting strategy at RM showing no more than 0.5 lux within 5m of western and northern boundary features and reflecting recommendations of section 9 of the Bat Activity Report (Ecological Surveys Ltd, Nov 2017).

19. Submission of a LEMP at RM detailing ongoing management and maintenance of retained and created public open space/boundary features.

20. Submission of an Ecological Mitigation and Enhancement Strategy at Reserved Matters (to include mitigation and enhancement proposals for construction and operational phases. The EMES should be fully integrated with the Landscape Scheme and should demonstrate proportionate measurable net gain in biodiversity including a completed Defra Biodiversity Metric Calculator, reflecting recommendations within sections 7 and 8 of the Ecological Appraisal (Ecological Surveys Ltd, May 2017).

21. Tree and hedge protection details to be provided in RM

22. Provision of parking and turning areas prior to occupation

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

24. Electrical charging points – details to be provided and implemented

25. The reserved matters application for layout shall include details of how the development meets the requirements of JLP policy DEV32 and represents low carbon development.

26. All residential units shall meet as a minimum National Space Standards

27. At least 20 per cent of dwellings shall meet national standards for accessibility and adaptability (Category M4(2) Building Regulations).

28. Details of pedestrian links to be agreed at reserved matters

 

 

g)       3889/19/FUL        Paddyacre, Bowden Hill, Yealmpton, PL8 2JX

                                    Parish:  Yealmpton Ward:  Newton and Yealmpton

 

Removal and replacement of existing garage and formation of two new dwellings (resubmission of 2520/19/FUL)

 

Case Officer Update:       One more letter of representation received, objecting but with no new issues raised.  Applicant has now provided sustainability report.  Case Officer confirmed that the woodland to the north lies mostly in control of the applicant with only a small area outside of the woodland management plan suggested by the Tree Officer.  Ridge heights were shown and confirmation of the Tree Preservation Order on the large copper beech tree, so that another condition has been added to deal with this.

 

Speakers included:         Objector – Mr Barton, Supporter – Mr Simon Lebrasse; Ward Member – Cllr Baldry.

 

Recommendation:          Conditional approval subject to the completion of Section 106 Legal Agreement.

 

Delegate to Head of Practice (HoP) Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal obligation.   However, in the event that the Section 106 legal Agreement remains unsigned six months after this resolution, that the application is reviewed by the HoP Lead Development Management, in consultation with the Chairman of the Committee, and if no progress is being made delegated authority is given to the HoP to refuse to application in the absence of an agreed S106 Agreement

 

 

Committee Decision:     Conditional approval subject to the completion of Section 106 Legal Agreement and the addition of two further conditions re minimum hedge height and ridge height maintenance

 

Conditions

1.    3 year time limit for commencement of development

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

3.    Details of surface water drainage to be provided

4.    No mud, stones, water or debris deposited on the highway

5.    Visibility improvements to be undertaken in accordance with drawing 033.PA.11

6.    Parking/turning to be provided before dwellings are occupied

7.    Adherence to recommendations set out within ecology report

8.    Details of carbon reduction measures to be provided

9.    Woodland management plan

10. Tree protection methodologies (new woodland edge and Copper Beech)

11. Landscaping

12. Bin/recycling

13. Use of garage associated with Paddyacre

14. Natural stone

15. Natural slate to the roof

16. Joinery

17. Roof lights

18. Flue/ducts/vents, etc

19. Verge/eaves details

20. No openings within west elevation of garage

21. Removal of PD rights

22. Privacy screens (fencing) to be provided

23. Road hedge to be maintained at a minimum height of (to be measured as it is today)

24. Ridge height to be as per plan – existing height of building to be measured

 

Section 106 contributions:

Financial contributions of £6,337.50 towards the improvement of existing facilities at Stray Park and £903.80 to secure mitigation of the additional recreational pressures upon the Plymouth Sound and Estuaries European Marine Site

           

 

h)       3217/19/FUL        Haydens Farm, Wrangaton, TQ10 9HB

                                    Parish:  Ugborough Ward:  Ermington and Ugborough

 

Erection of Skystream 3.7, 2.4Kw Wind Turbine on 13.7m tower

 

Case Officer Update:      Three letters of representation in support      

 

Speakers included:         Supporter – Ms French; Ward Member – Cllr Holway

 

Recommendation:          Refusal

 

During the debate about this application, Members acknowledged that the guidance was for there to be a minimum of 50 metres from the wind turbine to any hedges, to help prevent damage to local bats.  However, with this particular application, the siting of the wind turbine, although the distance to any hedges was slightly less than the 50 metres required, it was to be sited as far as possible from any hedges, it was helping to sustain those living off the grid (a particularly powerful argument in light of the declared environmental emergency), and the site was far from any other habitation.  Members confirmed that each application was judged on its own merits and therefore, on balance, for this application, they were happy to approve this application, against officer recommendation.

 

Committee Decision:     Conditional Approval

 

Conditions:

1.    3 year time limit for commencement of development

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