Agenda item

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DM.44/20         

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:

6a)    3285/20/FUL        Rose Cottage, Landscove, Ashburton, TQ13 7LT

Parish:  Staverton

Development:   Retrospective change of use of existing shed from domestic use to use for commercial motorcycle maintenance and servicing. 

Case Officer Update:    Following publication of the Officer’s report on the website, the applicant had made a late submission countering points made in the report.  These were outlined to the Committee and the Case Officer responded to each point raised.

Speakers included:       Supporter – Mr Gray-Thompson; Parish Council – Cllr Catherall; Ward Member – Cllr J Hodgson;

Recommendation:       Refusal

The Ward Member confirmed to the Committee that no member of the public had complained about this business and countered the Case Officer’s assertion that there would be increased traffic were the application to be approved, but rather there would be increased traffic following refusal as the business would have to move to a near-by town, and the applicant would then be making 12 extra journeys per week to travel to and from the new locale.  The Ward Member’s view was that the new policies outlined in the Case Officer’s reason for refusal were active after this business had been established.

Some Members outlined their support for the business as it had been operating for over five years already, noted that the business had the support of the Parish Council and neighbours, and that it was sustainable as there was no similar business nearby thereby showing a business need.  A Member moved conditional approval of the application that was subsequently seconded.  Before the vote was taken, a discussion was had regarding what conditions would be applied should the application be approved.  These included, but were not limited to, conditions regarding noise, opening hours, and ensuring the business use was restricted to motor cycle maintenance should the present applicant cease to operate.  Members were asked to consider the following key issues:  Principle / Sustainable Development; Design, Visual Impacts and the SWD Landscape Character Area (1E); Neighbouring Amenity.

Committee decision:  Conditional approval

Conditions:      

1.  The development hereby approved shall only be used for the maintenance, servicing and / or repair of motorcycles and for no other purpose.

Reason: In order to ensure compliance with JLP Policy TTV26 and to prevent uses which might be inappropriate for this rural location.

2.  No maintenance, servicing or repair of motorcycles shall be carried out and no deliveries accepted or despatched except between the hours of 9am and 6pm Monday to Friday, or 9am to 1pm on Saturdays, and not at all on Sundays or Bank Holidays

Reason: To protect the amenities of local residents from noise in accordance with JLP Policies DEV1 and DEV2.

6b)  2795/20/FUL        Land at SX 711 588, North East of Horsebrook Farm,                                  Avonwick, TQ10 9EU

                           Parish: South Brent not North Huish

Development:     Proposed static caravan on agricultural land

Case Officer Update: The Case Officer noted that the application site was located within the parish of South Brent and not North Huish as outlined in the agenda report, however she confirmed that both South Brent Parish Council and North Huish Parish Council had been consulted and commented on the application.  There had been concerns expressed from neighbours regarding rain water and foul discharge resulting from this application therefore the Case Officer clarified that rain water would discharge directly into two 1,000 litre tanks below ground, a minimum of five metres from the van, and the foul water would discharge into two above ground waste storage tanks of 30,000 litres each, again a minimum of five metres from the van.  These two tanks would be emptied by a private mobile company approximately every two months.  The water discharge proposed solutions were for both rain and foul water.  The definition of what constituted a static caravan was clarified, along with maximum size permitted under that definition.  A Member queried the distance from nearest residential property given in Officer’s committee report which was clarified by the Officer as a typographical error and the correct measurement provided to Committee prior to the decision being taken. 

Recommendation: Conditional Approval

Speakers included:  Ward Members – Cllrs G Pannell and P Smerdon

Ward Members:       One of the Ward Members expressed concerns over the size of the foul water tanks which seemed excessive to the site and would require large tankers to come to empty them in a rural area.  It was also noted that residents had grave concerns about contamination of nearby water supply.  The Ward Members felt that a need for the development in this rural location had not been demonstrated which was contrary to policy.

Debate:                                                  

During the debate some Members outlined concerns over the scale of the proposed application as the field in question was only 2.6 hectares, thereby constituting overdevelopment.  Members also expressed concerns regarding water supplies and potential for contamination of water to neighbours.  It was noted that the site already contained a stable block and a small caravan, both of which Members felt could meet any welfare needs.

Committee Decision:     Delegated Refusal

Reasons for refusal:                                

It has not been demonstrated in this countryside location that there is a proven agricultural need for an additional structure on this site in the form of the proposed static caravan to provide a welfare facility to serve the small holding operating from the site. The proposal is therefore contrary to policies SPT1, SPT2, TTV1 criteria 4, TTV26 criteria 2 iv and DEV15 criteria 6 of the Plymouth & South West Devon Joint Local Plan 2014-2034.

6c)  TPO 1018      Land adjacent to 4 Malborough Park, Malborough, TQ7 3SR                             Parish:  Malborough

Development:     Tree Preservation Order (TPO).

The Chairman advised the Committee that this application had been deferred to a future Committee meeting for consideration.