Agenda item

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*DM&L 29      

The Committee considered the applications prepared by the Development Management Specialists and considered also the comments of Town and Parish Councils together with other representations received, which were listed within the presented agenda reports and summarised below, and RESOLVED:

(a)     Application No:  2789/17/VAR        Ward: Tavistock South West

Site Address: Land adjacent to Brook Farm, Brook Lane, Tavistock

Variation of condition 4 (approved plans) of planning consent APP/Q1153/W/15/3131710(00233/2015) for 23no. dwellings with associated access road, parking and external works

Speakers included: Objector – Ms Helen McShane:  Supporter – Mr Ed Persse:  Ward Member – Cllr Jess Evans

RECOMMENDATION:     That delegated authority be given to the CoP Lead in consultation with the Chairman of the Committee to approve the application subject to the conditions listed below and the prior satisfactory completion of a Section 106 Agreement Deed of Variation

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, 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 the absence of an agreed s106 Agreement.

In presenting this application, the Case Officer outlined the background in that planning permission had been granted at appeal, and the Inspector had included some plans but not a site location plan.  The intention of the application was to remove the condition that sought approval in line with the existing plans and replacing with a condition that sought approval of the permission in accordance with a Site Location Plan that would enable control of all reserved matters to rest with the local planning authority. The Solicitor confirmed that the applicant was entitled to submit a section 73 application to the local planning authority.

The officers responded to a number of detailed questions regarding this application.

In her address to Committee, one of the local Ward Members commented that the s73 application may have arisen at this late stage because the developer was having difficulty in fitting the number of houses on the site.  She asked that the Committee refuse the application and that the developer be encouraged to sit down with residents and work with them to find a successful, non-contentious design.

During debate, Members were concerned at the implication of removing a condition applied by a Planning Inspector.  The Solicitor reiterated that Members were not being asked to re-determine the Planning Inspector decision and that they were able to determine the application presented to them today.

It was then PROPOSED, SECONDED and on being put to the vote declared LOST that the application be APPROVED, for the following reasons:

Consideration of scale as set out in drawings 1319 PL01D and PL02 is an important and integral part of the permission for the reasons set out in para 24 and 26 of the Inspector’s decision letter.

A Member then PROPOSED refusal of the application which was SECONDED and on being put to the vote declared CARRIED that the application be refused.

COMMITTEE DECISION:  Refusal