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.41/23         

The Committee considered the details of the planning applications prepared by the relevant Case Officers as presented in the agenda papers, and considered the comments of Town and Parish Councils, together with other representations received, which were listed within the presented agenda reports, and RESOLVED that:

 

6a)       1505/23/FUL   Land At SX 654 517, New Mills Industrial                             Estate, Modbury

            This application was withdrawn.

 

           

6b)       1668/23/VARThe Mooring, Newton Hill, Newton Ferrers, PL8 1BG

            Development:   Variation of Condition 1 (approved plans) of planning consent0068/20/VAR

 

Case Officer Update:  The Case Officer summarised the key issues, namely that: 

•          Whether the proposed changes affect the external appearance of the completed development.

•          Whether the changes give rise to loss of amenity for neighbours

 

The Case Officer raised that the previous objection to the fence was now accepted by the neighbour and clarified the process for planning applications and the rules around planning enforcement.  They also explained that the condition requires the applicant to construct within the approved plans but can amend that condition for screening to be a 1.8 metre height if required.

 

Having heard from speakers on behalf of the Parish Council together with the Ward Councillor, Members debated the application.  During the debate, one Member was happy to go with the officer recommendation because of the agreed compromise between the applicant and the objector.  Another Member was frustrated by the process because they were unaware whether the applicant would be happy with the proposals. 

 

Recommendation:                 Conditional Grant

 

 

Committee decision:               Delegated approval to the Head of Development Management subject to alterations to the screening to be agreed with Chairman, Ward Members, Proposer (Cllr Rake) and Seconder (Cllr Nix).

 

 

Conditions:                              Adherence with approved plans.

                                                  Adherence with approved CMP.

                                                  Privacy screens to be installed prior to use of balcony.

                                                  Landscaping.

                                                  Timber to undercroft door North western boundary wall to be clad in natural stone (5 months).

                                                  Wall on south eastern elevation to be clad in stone.

 

 

                       

6c)       3161/23/FUL   Linhay Barn, Budlake, Ermington, PL21 9NG

            Development:   Construction of a new replacement dwelling to replace proposed barn conversion under 2767/17/FUL

 

The Case Officer provided an update since the agenda was published and reported that following discussions with the agents and architects the JLP Officer has made some comments regarding the climate emergency and has highlighted some inconsistencies.

 

Case Officer Update:  The Case Officer summarised the key issues, namely that:

Policy

•          Within countryside location but does not meet criteria of TTV26.

•          Not a replacement dwelling.

•          Contribution to housing supply does not justify location.

•          Contrary to pattern of development.

•          Insufficient information to show that the proposal would conserve and enhance rural landscape.

Other Matters

•          Barn Conversion         

- Doubt whether permission would still extant.

            - Effectiveness of Legal Agreement.

            - Securing long term further of barn.

            - Comparison of carbon calculations for both proposals were uncomplete.

•          Approved agricultural building:

- Cannot prevent future prior approval applications.

Conclusion

•          Unsuitable location without appropriate planning justification for countryside location.

•          Does not have regard to the pattern of local development or conserve the landscape character of the surroundings.

•          Previous permissions do not outweigh the policy considerations.

                                   

The Principal Planning Officer provided an update on the carbon neutral status on the application to ensure that Members have the information before them to make an informed decision.

 

The Case Officer raised that this application was not made as an agricultural dwelling.  The Case Officer reported that pedestrian access on the road was unsafe as it was unlit at night and outside the 30mph restriction.  The Case Officer also reported that S106 to cease the conversion of the Linhay Barn. 

 

Having heard from speakers on behalf of supporters and the Parish Council together with the Ward Councillor, Members debated the application.  During the debate, one Member raised that the application went against the polices however there were a lot of mitigating circumstances and whether this application should be deferred to look at the carbon neutrality.  Another Member felt that the development would result in a better heritage outcome with the preservation of the linhay.  Another Member felt this application ticked all the good boxes.

 

Recommendation:                 Refusal

 

Committee decision:             Delegated approval to the Head of Development Management in consultation with the Chairman, Proposer (Cllr Abbott) and Seconder (Cllr Hodgson) to agree conditions and S106 agreement going forward with the Linhay.

 

 

6d)      2790/22/FUL   Quay Caravan Club Site, Steamer Quay Road, Totnes,

             TQ9 5AL

           

            Development:  Re-development works include internal refurbishment of site facilities block and installation of solar panels, replacement service points, installation of new barrier system, conversion of existing grass pitches into 47no. all-weather serviced pitches, a new tractor store & prefabricated reception building

 

Case Officer Update:  The Case Officer summarised the key issues, namely that: 

Principle

•          Use as a caravan site permitted through Caravan and Motorhome Club exemption certificate.

•          Proposed development improves on site facilities and operation of caravan site, all-weather pitches to offer better access to those with mobility issues.

•          Accords with SPT1, SPT2, TTV1 and DEV15 of JLP and C9 and E1 of Totnes NP.C9 of NP supports the principle of leisure or river related development of Steamer Quay.

Design/Landscape/Heritage

•          Existing development on site and land has been used as a caravan site for many years.

•          Formalisation of the pitches, along with the provision of new service points and a MVWP would change the character of the site but not considered to result in a significant change that would detrimentally harm the character of the site and surrounding area or harm the setting of heritage assets providing an appropriate landscaping scheme was secured and that existing trees/hedges were retained wherever possible (see conditions list)

•          Subject to conditions accords with DEV20, DEV21 and DEV 23 of the JLP and Policy C9, En1, En2, En3, En4 and C1 of the NP.

Neighbour Amenity

•          Site has been used as a caravan site for many years under the Caravan and Motorhome Club exemption certificate.  Relationship between the caravan site and neighbouring properties already exists.

•          Landscaping would help to screen development and lighting to be controlled (see conditions list)

•          Subject to conditions, accords with DEV1 of the JLP and Policy En2 of the NP.

            Ecology/Trees

•          PEA, BNG Metric and Lighting Strategy submitted DCC Ecology reviewed and no objections subject to conditions.

•          AIA submitted.  Tree Officer raised no objections subject to conditions.

•          Subject to conditions, accords with DEV26 and DEV28 of the JLP and Policy C0, En2, En5 and En6 of the NP.

           

The Case Officer said that the Drainage Officer was happy with the proposed drainage which was subject to condition.

 

Having heard from speakers on behalf of the Parish Council together with the Ward Councillor, Members debated the application.  During the debate, Members supported the application as this was a good step forward for tourists and the local community.  Concerns were raised that pitches were gravelled disadvantaging people with tents and the need for more hedging to increase biodiversity.  Another Member raised whether a condition for a hedgehog highway could be included.

 

Recommendation:                 Conditional Approval

 

Committee decision:             Conditional Approval - to include provision for hedgehogs to traverse the site.

 

Conditions:                             1. Time limit

                                                2. Approved plans

   3. Landscaping scheme (Pre-commencement agreed    17/11/2023)

                                                4. LEMP – BNG Net Gain (Pre-                                                        commencement agreed 17/11/2023)

                                                5. CEMP (Pre-commencement agreed                                                                       17/11/2023)

                                                6. Accordance with Tree Reports,                                                                              submission of AIA (Pre-commencement                                                                    agreed 17/11/2023)

                                                7. Tractor store details

                                                8. Details of fencing/gates/walls

                                                9. Details of timber cladding to external                                                                    walls reception unit and temporary                                                                           permission 1

                                                10. Surface water drainage

                                                11. DEV32 measures

                                                12. Accordance with Ecological Appraisal

                                                13. No vegetation removal, clearance or                                                                   demolition during nesting season

                                                14. No raising of ground levels across the                                                                  site

                                                15. External lighting

                                                16. Lighting controls

                                                17. PD removal – no new hardstanding

                                                18. PD removal – buildings and structures

 

 

6e)       2839/23/FUL               Land At SX 740 393, The Fish Quay,                                                                          Gould Road, Salcombe

            Development:   Construction of food preparation unit associated with Crab Shed restaurant

 

Case Officer Update:  The Case Officer summarised the key issues, namely that:

Principle:

•          Building was for storage, food preparation and staff resting area in connection with existing Crab Shed Restaurant.  No cooking facilities with the building as cooking would be completed in main restaurant.

•          Condition 6 – requires removal of the building by 15 March 2033 (matching condition 9 on 41/0189/13/F)

•          Condition 7 – requires development to be used ancillary to the Crab Shed.

•          Subject to conditions, accords with SPT1, DEV14 and Dev15 of JLP and objective 3 of Salcombe NP (Section 1.0 Officer Report)

Design/Landscape

•          Site was with AONB and Undeveloped Coast.

•          Proposal was for a simple timber building, positioned adjacent to timber fence and timber clad buildings.

•          Subject to appropriate materials/finished being used which would be secured by condition 5, accords with DEV20, DEV23, DEV24 and DEV25 of the JLP and Policies SALC Env1, SALC Env5, SALC Env6 and SALC B1 of the Salcombe NP (Section 2.0 Officer Report)

Flood Risk

•          Site was in Flood Zone 2/3.

•          EA and Drainage Officer raised no objections.

•          Amended FRA including specific flood risk mitigation measures and Flood Warning and Evacuation Plan secured by condition 3.

   •         Condition 6 – requires removal of the building by the 15 March 2033 (matching condition 9 on 41/0189/13/F which was imposed due to flood risk of the site)

•          Subject to conditions, accords with DEV35 of JLP (Section 5.0 Officer Report)

Ecology

•          Site was within SSSI Salcombe to Kingsbridge Estuary.

•          Natural England and DCC Ecology raised no objections subject to development being carried out in accordance with CEMP which was required by condition 4.

•          Subject to conditions, accords with DEV26 of JLP and SALC Env5 of the Salcombe NP (Section 6.0 Officer Report)

 

The Case Officer was not aware of a safe pedestrian route from the food preparation unit to the Crab Shed.

           

There were no speakers for this application, Members debated the application.  During the debate, Members raised the importance of supporting local businesses but had concerns on the access from the unit to the restaurant.

 

Regarding the concerns raised by the Committee, a request to be forwarded to the Assets Team to ascertain whether provision could be provided for a safe walkway.

 

Recommendation:                 Conditional Approval

 

Committee decision:              Conditional Approval

 

Conditions:                             1. Time limit

                                                2. Approved plans

                                                3. FRA mitigation measures (pre-commencement    agreed 24.10.2023)

                                                4. CEMP

                                                5. Materials

                                                6. Temporary period

                                                7. Restricted use – in connection with the Crab Shed