Agenda item

To see Letters of Representation and further supplementary information relating to any of the planning applications on the agenda, please select the following link and enter the relevant Reference number: http://westdevon.gov.uk/searchlanding

 

 

*DM&L.35        

The Committee proceeded to consider the report that had been prepared by the relevant Development Management Specialists on each of the following Applications and considered also the comments of the Town and Parish Councils together with other representations received, which were listed within the presented agenda report and summarised below:

      

(a)   Application No: 0811/21/FUL      Ward: Buckland Monachorum

 

Site Address: Axtown Lodge, Green Lane, Yelverton

 

Development: Proposed single-story dwelling with associated landscaping, including provision of Devon bank and tree planting.

 

                       

RECOMMENDATION: Refusal

 

Reasons for refusal:

1.      The proposed development is located in the countryside, outside of any defined settlement, without sufficient essential justification or access to basic services and facilities, contrary to Policies SPT1, SPT2, TTV1 and TTV26 of the Plymouth and South West Devon Joint Local Plan and paragraphs 7, 8, 79 and 80 of the NPPF 2021.

 

2.      The proposed dwelling would lead to a change in character to the site, harmful to the rural landscape within which it sits, contrary to policy DEV23 of the Plymouth and South West Devon Joint Local Plan and para’s 174 of the NPPF 2021

 

3.      The proposal for a 3 / 4 bedroom dwelling fails to meet the local housing needs and that of the District for smaller dwellings and for those with specific needs as outlined in Policy DEV8 of the Plymouth and South West Devon Joint Local Plan and para. 78 of the NPPF 2021.

 

4.      The proposal does not provide sufficient carbon reduction measures, in line with the energy hierarchy and contrary to policy DEV32 of the Plymouth and South West Devon Joint Local Plan, and para. 154 (b) of the NPPF 2021.

 

5.      The proposal to introduce a new dwelling in this location which lies within the Zone of Influence of the Tamar Estuaries SAC, with no mitigation proposed, creates the potential for harm to the integrity of the European site contrary to policy DEV26 of the Plymouth and South West Devon Joint Local Plan and para. 174 of the NPPF 2021.

                     

Speakers who addressed the Committee on the application were:

 

Objector:  Mr Andrew Pett

Supporter: Mr Mark Evans

      West Devon Borough Council Ward Member: Cllr R Cheadle

 

Mr Pett spoke against the application. In doing so, he referred to previous planning inspectors’ decisions on this site and an adjoining site. He referred to their conclusions highlighting the unacceptable impact on landscape and AONB despite the appeal developments including extensive landscaping proposals.

 

Mr Mark Evans, agent for the applicant, spoke in support of the application citing the Council’s recently declared housing emergency. He said that the proposal had followed the pre-application advice. Landscaping scheme had been agreed with officers as preserving and enhancing the AONB.  He drew the Committee’s attention to the Council’s Supplementary Planning Document and in particular that a                  three-bed dwelling with a study was considered to be a three-bed dwelling for the purpose of Policy Dev8.

 

Cllr Cheadle spoke as Ward Member and as Chairman of the Buckland Monachorum Parish Council Planning Committee.

 

The Head of Development Management agreed with Mr Evans on the view that the proposal was for a three-bed dwelling and proposed that reason 3 was withdrawn as it would not be sustainable at appeal in view of the guidance in the Supplementary Planning Document.

 

During the following debate a member spoke about his concerns of how the proposed development was down a green lane and extending the urbanisation of a country lane. Another member commended the design of the dwelling but nevertheless could not see how it preserved or enhanced the AONB.

 

After discussion and debate it was proposed and seconded and

                    

Resolved that:

the application be refused for the reasons set out In the report with the removal of condition number 3.

 

                     

 

(b)   Application No:2530/21 /FUL  Ward: Bere Ferrers

 

Site Address: Harling Farm, Bere Alston

 

Development: READVERTISEMENT (Updated advert reason) Erection of indoor equestrian arena (revised Location Plan received)

 

 

RECOMMENDATION: Conditional Approval

 

Conditions: (list not in full)

 

·      Time

·      Approved drawings

·      Materials

·      Landscaping

·      House of operation/max no. users

·      Archaeology

·      Ecology

·      Highways

·      Drainage

·      Sustainable construction

·      Public right of way

 

         Pre-commencement Conditions: (lit not in full)

·      Ecology – Lighting

·      Ecology -  LEMP

·      Ecology - CEMP

.

Speakers who addressed the Committee on the Application were:

 

 

Supporter: Mrs Nicola Quick

Bere Ferrers Parish Council: Cllr Brian Lamb

West Devon Borough Council Ward Member – Cllr Peter Crozier

 

In response to Member questions the Planning Officer responded:

 

·           Why the visual impact report wasn’t included. The Planning Officer explained that having gone on site and seen how significantly the ground levels would change the building it would not have an impact on the landscape. The new proposed hedgebanks would enhancement the area/landscape.

·           Impact of solar panel reflection across on the landscape would be mitigated as would be built of non reflective material.

 

Mrs Nicola Quick, agent for the applicant, spoke in support of the                            application. She cited the use of the arena for disabled riders as well as enhancing existing local facilities for riders. The arena would be cut into the ground and soil excavated would be retained onsite for use in new hedges.

 

Cllr Brian Lamb, spoke as a Bere Ferrers Parish Councillor stating that the Parsh Council were unanamous in their support of the application. He cited Bere Ferrers as being an isolated peninsula with few recreational facilities and stated there were over 300 horses kept in the parish.

 

Cllr Peter Crozier spoke as Ward Member for Bere Ferrers.

 

In response to a Members request to impose a condition should the application be approved, to remove the building if it was not being used for the purpose proposed in the report, the Monitoring Officer advised that such a condition would not meet the tests for a valid planning condition and therefore the Committee should not                              impose such a condition.

 

During the following debate a member commended the application                             stating it would be safer for riders to use the facilities that riding the narrow lanes in the vicinity. Another member voiced concerns over the way the integrity of the AONB was being eroded. The provision of a disabled riding faciltiy and the opportunity to                             allow a farm to diversify was given as a reason another Member supported the application.

                            

        After discussion and debate it was proposed, seconded and

 

RESOLVED that:

the Application be approved subject to the conditions set out in the Report.