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.16/17       

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:

 

1554/17/OPA              Land off School Road, Stoke Fleming

Parish:  Stoke Fleming

 

Application for approval of Outline Planning Permission (all matters reserved except for access) for the development of 13 no. age restricted dwellings and 6 no. affordable dwellings to be accessed via School Road, Stoke Fleming

 

Case Officer Update:          - contrary to the report, the AONB team had not made any comments on this application;

-  The first condition of the Section 106 should read: ‘6 Affordable housing units – 4 Affordable Rent and 2 Intermediate’;

-  3 additional letters of support and 1                             additional letter of objection – no new issues raised; and

-  South West Water had been contacted in                   response to issues raised during the Site                  Inspection and reiterated that they had no          objections to this application.

 

Speakers included:                Objector – Mrs Gail Dorrington; Supporter – Mrs Judith Newman Andrew Rowe; Stoke Fleming Parish Council – Cllr Lady Mary Newman; and local ward Member – Cllr Hicks

 

Recommendation:                 Delegate to COP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal agreement.

 

However, in the event that the Section 106 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 discussion on the planning merits of this application, some Members expressed the following concerns:

 

-        There was felt to be no justification for the  two access points into the development site that would, in effect, segregate the open market housing from the affordable housing;

-        The proposals would have an adverse effect on the street scene and the AONB;

-        Regardless of the views of the County Highways Authority, road safety was a cause for concern;

-        There was felt to be no demonstrable housing need evidence for the development of such additional age restricted housing;

-        The proposals were contradictory to the content of the emerging local Neighbourhood Plan.

 

Such were the concerns over the access points, that it was PROPOSED and SECONDED that:

 

‘The application be deferred to ask the developer to consider addressing the on-site access concerns.’

 

When put to the vote, it was (by virtue of a Chairman’s Casting Vote) declared LOST.

 

It was then (by virtue of a Chairman’s Casting Vote) declared CARRIED that:

 

Committee Decision:            Delegate to COP lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal agreement.

 

However, in the event that the Section 106 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 to refuse to application in the absence of an agreed S106 Agreement.

 

The Section 106 would secure the following:

 

-        6 Affordable housing units – 4 Affordable Rent and 2 Intermediate;

-        A commitment to the provision of 4 no. 2-bed affordable homes and 2 no. 3 bed affordable homes;

-        A trigger to agree the precise bedroom mix between tenures prior to submission of the Reserved Matters Approval application;

-        The AH Units will be built to the HCA Design and Quality Standards;

-        Sport and recreation – for the 6 affordable units - £595 per occupier for pitches and £380 for play; for the 13 age restricted units - £595 per occupier toward playing pitches – contributions will be towards provision of a new play area off School Road and improvement to the Bird Walk;

-        Landscape and Ecology Management Plan and SUDs outside of private curtilages- implementation and on on-going management; and

-        Age Restriction – over 55, on the open market units.    

 

 

Conditions:

 

•      Standard time limit;

•      Reserved Matters;

•      Accord with plans;

•      External materials;

•      Boundary treatments;

•      Drainage details: percolation tests;

•      Groundwater monitoring;

•      Surface water drainage management system permanent;

•      Surface water drainage management system construction;

•      Tree and hedgerow protection;

•      Ecology Report mitigation compliance;

•      No street lighting;

•      Completion of footpaths and visibility splays;

•      Construction Management Plan;

•      Estate roads and other details required;

•      Off-site highway works;

•      Unsuspected contamination;

•      Removal of permitted development rights;

•      Arboricultural Impact Assessment and Method Statement; and

•      Landscape and Ecology Management Plan to be agreed.

 

 

1593/17/VAR              Sherford New Community – Land South/South West of A38, Deep Lane and East of Hay Road, Elburton

Parish:  Brixton

 

S73 application to remove/vary conditions 2, 5, 6, 16, 20 and 21 of PCC outline planning permissions ref, 16/00247/OUT and conditions 3, 6, 12, 14, 17, 26 and 57 of SHDC outline planning permission ref. 0484/16/VAR relating to the ‘Sherford New Community’, including amendments to documents as listed within the approved drawings conditions in respect of the Town code and Sustainability chapters

 

Case Officer Update:          -  Plymouth City Council Development                                     Management Committee had voted to refuse its                 equivalent planning application and an amended                      recommendation was therefore necessary;

-  The draft Code had been further revised to replace reference to the word ‘should’ to imply that the requirements were more mandatory.

 

Speakers included:              Objector – Mr Ben Bolgar; Supporter – Mr John Brindley; local ward Member – Cllr Brown

 

 

Recommendation:                 To delegate authority to the COP Lead Development Management, in consultation with the Chairman of the Development Management Committee, to grant conditional approval subject to a satisfactory Section 106 which substitutes the obligations in Schedule 10 with the revised Town Code and the obligation to pay contributions to enable Independent Review of the Neighbourhood Design Codes and retain all other obligations within the principal deed, and to:

 

1.   Agree to minor alterations and corrections of typological errors within the submitted documents;

2.   Make minor alterations to the planning conditions; and

3.   Refuse if s106 is not signed within six months.

 

In the ensuing debate, a Member asked that the comments of the supporter (regarding his assurances that the quality of the development would not be diminished through these proposals) be formally recorded.

 

Committee Decision: To delegate authority to the COP Lead Development Management, in consultation with the Chairman of the Development Management Committee, to grant conditional approval subject to a satisfactory Section 106 which substitutes the obligations in Schedule 10 with the revised Town Code and the obligation to pay contributions to enable Independent Review of the Neighbourhood Design Codes and retain all other obligations within the principal deed, and to:

 

1.    Agree to minor alterations and corrections of typological errors within the submitted documents;

2.    Make minor alterations to the planning conditions; and

3.    Refuse if s106 is not signed within six months.

 

Conditions

 

1.      Original outline conditions imposed on 0484/16/VAR reiterated, plus amendments to reflect revised documents (as set out in the published agenda report);

 

Informatives:

1.      Documents and Plans (amended to reflect revised documents);

2.      DRN Plans (amended to reflect revised documents);

3.      S106;

4.      “Neighbourhoods”; and

5.      Pro-active.

 

S106 Obligation:

1.      Supplementary; and

2.      Design review contribution.

 

 

25/1720/15/O              Proposed Development Site at SX 612 502, Land North of Church Hill, Holbeton

Parish:  Holbeton

Outline application with some matters reserved for erection of 14no. dwellings, provision of community car park, allotment gardens, access and associated works

 

Case Officer Update:          - minor revisions to the Section 106 to include reference to SUDS and an amendment to the play area requirement to   read: ‘£380 per occupier for improvements to Holbeton play area and provision of a skate           facility on the playing field or other play facilities to be agreed by the local Parish Council’;

-  One further letter of representation had been             received.

 

Speakers included:                Objector – Mr Martin Battershill; Supporter – Mr Anthony Mildmay-White; Holbeton Parish Council – Cllr Peter Hearn; and local ward Member – Cllr Baldry

 

Recommendation:                  Delegate to COP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal agreement.

 

However, in the event that the Section 106 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.

           

Committee Decision:Delegate to COP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal agreement.

 

However, in the event that the Section 106 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.

 

The Section 106 should secure the following:

 

·           35% on site provision of affordable housing;

·           £38.306 towards infrastructure at Ivybridge Community College

·           £13,851 toward school transport;

·           Ongoing management and maintenance of open space, landscape, SUDS, and wildlife features in accordance with LEMP in perpetuity;

·           Provision of footpath link to Church Hill;

·           £380 per occupier for improvements to Holbeton play area and provision of a skate facility on the playing field or other play facilities to be agreed by the local Parish Council;

·           £595 per occupier for improvements to the Holbeton playing field to allow increased use for sports;

·           Public access and on-going management of the allotment area in perpetuity; and

·           Public access, use in perpetuity and ongoing maintenance and management of the car park.

 

Conditions

 

·           Standard outline time conditions (3 years + 2 years);

·           Accords with plans;

·           Access and visibility splays to be constructed and laid out and maintained for that purpose, in accordance with approved plan and details;

·           Pre-commencement – Construction Environmental Management Plan;

·           Pre-commencement – details of road construction to be agreed;

·           Pre-commencement – suitable highway drainage scheme to be agreed and then implemented;

·           Pre-commencement – ground investigation to be undertaken to prove that the 1:2:5 batter slopes adj. the car park are safe;

·           Pre-commencement – Programme of percolation test to be agreed and undertaken in consultation with LLFA;

·           Pre-commencement – detailed design of permanent surface water drainage management system to the agreed with LLFA;

·           Pre-commencement – Details of adoption and maintenance arrangements for proposed surface water drainage management system to be agreed with LLFA;

·           Pre-commencement – detailed design of surface water management during construction to be agreed with LLFA;

·           Pre-commencement - LEMP to be agreed;

·           Details of allotments to be agreed and implemented;

·           Unsuspected contamination;

·           Details of footpath to be agreed and implemented;

·           Pre-commencement – Arboricultural Impact Assessment to be submitted, agreed and implemented;

·           Pre-commencement – Arboricultural Method Statement to be submitted, agreed and implemented;

·           Pre-commencement – Tree protection plan to be submitted, agreed and implemented;

·           Removal of PD – roof alterations, means of enclosure, hardstandings and boundary treatments;

·           Garages and parking areas to be provided in accordance with approved details prior to occupation;

·           Vehicular access and road to be provided in accordance with phasing plan to be agreed;

·           No external lighting in public areas other than that agreed in lighting strategy;

·           Development in accordance with Ecology Report;

·           Materials to be agreed; and

·           Boundary treatments.

 

 

25/1721/15/O              Proposed Development Site East of Vicarage Hill at SX 614 503, Vicarage Hill, Holbeton

Parish:  Holbeton

 

READVERTISEMENT (Revised Plans Received) Outline application with some matters reserved for erection of 11no. dwellings, village hall with car park, access and associated works

 

Case Officer Update:          - an amendment to the Section 106 to read:     ‘£380 per occupier for improvements to          Holbeton play area and provision of a skate facility on the playing field or other play facilities to be agreed by the local Parish   Council;

-  County Highways Officers were now satisfied and raising no objections to this application;

-  Inclusion of an additional section 106 requirement related to woodland planting.

 

 

Speakers included:                Objector – Ms Sandi Marshall; Supporter – Mr Anthony Mildmay-White; Holbeton Parish Council – Cllr Mr Peter Hearn; and local ward Member – Cllr Baldry

 

Recommendation:                  Delegate to COP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal agreement.

 

However, in the event that the Section 106 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 discussion, it was apparent that some Members were not in agreement with the officer recommendation with the objections that had been raised by           the AONB team and an ecological survey having concluded that the site was an incredibly rich bio-diverse area being identified as particular causes     for concern.  In addition, the levels of local objections raised were felt to be considerable.

 

Whilst accepting that this was a finely balanced application, other Members stated that the Council’s Landscape Specialist had raised no objections to the application and they felt it was important (in order to ensure the long-term sustainability of villages such as Holbeton) that there was some growth in footfall.

 

At the conclusion of the debate, a proposal to refuse this application was    PROPOSED and SECONDED and when put to the vote was declared LOST.

 

It was then:

 

Committee Decision: Delegate to COP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal agreement.

 

However, in the event that the Section 106 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

 

The Section 106 should secure the following:

 

·           35% affordable housing to be provided at the Church Hill site with appropriate phasing and commencement restrictions;

·           Ongoing management and maintenance of landscape, wildlife features and any Suds features within public areas, in accordance with the LEMP in perpetuity;

·           Footpath link from village hall/site into playing field to be provided and maintained in perpetuity;

·           Village hall site to be provided and managed as public amenity land until hall is constructed;

·           The provision of the village hall site on a long term lease to be offered to the Parish Council;

·           £380 per occupier for improvements to Holbeton play area and provision of a skate park or other play facilities to be agreed by the local Parish Council;

·           £596 per occupier for improvements to the Holbeton playing field;

·           £9424 towards school transport;

·           £30,097 towards school infrastructure; and

·           Woodland Planting – 0.2 hectares of native woodland planting (on a site to be agreed with the local planning authority) to be retained and managed in perpetuity in accordance with an updated Conservation Action Statement (including a Woodland Management Plan).

 

Conditions

 

·           Standard time outline time conditions;

·           Submission of reserved matters;

·           Accords with plans;

·           Materials to be agreed;

·           Boundary treatments to be agreed;

·           Development to take place in accordance with ecology report;

·           Full details of pedestrian access to Vicarage Hill to be agreed as a reserved matter;

·           Pre-commencement - Percolation testing to be carried out;

·           Pre-commencement – Detailed design of permanent surface water drainage to be agreed;

·           Pre-commencement -  Detailed design of construction phase drainage to be agreed;

·           Pre-commencement – full details of the adoption and maintenance arrangements for the surface water management to be agreed;

·           Pre-commencement – CEMP to be agreed including details of all construction mitigation measures;

·           Pre-commencement – LEMP to be agreed;

·           Pre-commencement – Copy of licence (Badgers) from Natural England authorising works to be submitted or a written statement from NE of suitably qualified ecologist to effect that they do not consider the works will require a licence;

·           Unsuspected contamination of land;

·           Pre-commencement – Arboricultural Impact Assessment to be submitted, agreed and implemented;

·           Pre-commencement – Arboricultural Method Statement to be submitted, agreed and implemented;

·           Pre-commencement – Tree protection plan to be submitted, agreed and implemented;

·           Removal of PD – roof alterations and extensions, means of enclosure, hardstandings;

·           Garages and parking areas to be provided in accordance with approved details prior to occupation;

·           Interim landscaping proposal for village hall site to be submitted to be agreed and implemented;

·           Vehicular access and road, visibility splays and footways to be provided prior to occupation of any dwelling;

·           No external lighting in public areas other than that agreed in lighting strategy;

·           Detailed construction of roads, verges, footways etc;

·           Highway drainage to be agreed; and

·           Village hall – hours of use between 8am and 10pm Mon to Thurs and 8am to 11pm Fri to Sun only.

 

 

 

2021/17/PAT              Highways Land off Babbage Road, Totnes

                                    Parish:  Totnes

 

Prior notification of proposed development by telecommunications code system operators for 17.5m shrouded monopole, 2no. Microwave dishes and 2no. Equipment cabinets

 

 

Case Officer Update:             A number of additional objection letters received – no new issues raised and a couple of letters of support received

 

Speakers included:                 Objector – Ms Bernadette Checkley; and local ward Members – Cllrs Birch and Vint

 

Recommendation:                  Prior Approval NOT Required

 

In discussion, Members were of the view that alternative (and potentially more appropriate) sites had not been suitably considered and the lack of meaningful consultation by the applicants was felt to be regrettable.  In also highlighting the likely prominence of the mast from Borough Park, a number of Members stated that they were unable to support the officer recommendation whereby prior approval was not required for this application.

 

Committee Decision: That prior approval IS required.

 

 

 

3139/16/OPA                       Land adjacent to Parsonage Farm, Parsonage Road, Newton Fetters

Parish:  Newton and Noss

 

Outline planning application for the erection of 12 dwellings to include 6 affordable dwellings with tenure restricted to over 55 year olds

 

Case Officer Update:          -  apologies for the confusion over the site                    location during the recent Committee Site              Inspection.  The proposal had been assessed               thoroughly by previous case officers.

 

Speakers included:                Supporter – Mr Andrew Birkett; Newton and Noss Parish Council – Cllr Alan Cooper; and local ward Member – Cllr Baldry

 

Recommendation:                 Delegate to COP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal agreement.

 

However, in the event that the Section 106 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

 

Committee Decision: Delegate to COP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal agreement.

 

However, in the event that the Section 106 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

 

 

0266/16/FUL                          5 Christina Parade, Totnes

Parish:  Totnes

 

Erection of 3 bed terrace house with garden and relocation of garages

 

Case Officer Update:             APPLICATION WITHDRAWN FROM THIS                                    MEETING AGENDA

 

 

1801/17/FUL              Fulling Mill, Woodland Road, Harbertonford

Parish:  Harberton

 

Change of use from B1(c) light industry to C3 Dwelling house

 

Case Officer Update:          - Additional conditions relating to ground                      contamination and an Ecology report; and

-  Clarification that the application site was partially within Site Zone 2 – no flood concerns envisaged.

 

Speakers included:                 None

 

Recommendation:                  Conditional Approval

 

Committee Decision:            Conditional Approval

 

Conditions

1.      Time limit;

2.      Approved plans;

3.      Samples of materials;

4.      Details of rooflights;

5.      Details of flue;

6.      Implementation of approved remediation scheme;

7.      Unsuspected contamination; and

8.      Compliance with recommendations of ecology report.

 

 

1785/17/HHO             77 Mewstone Avenue, Wembury

Parish:  Wembury

 

Householder application for installation of a new dormer and rooflights within existing loft conversion

 

Case Officer Update:            None

 

Speakers included:                 None

 

Recommendation:                 Conditional Approval

 

Committee Decision:           Conditional Approval

 

Conditions

1.      Standard time limit;

2.      Adherence to plans; and

3.      Materials to match