Agenda item

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DM.34/17       

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:

 

2821/17/FUL       Fort Bovisand, Bovisand

Parish:  Wembury

 

Revised application for the conversion of Bovisand Fort and associated buildings, removal of one building, and construction of new towers, an apartment building, 11 new dwellings, new quayside commercial accommodation and conservation of historic fabric, together with associated landscaping, parking and re-establishment of the link to the coastal footpath, creating a total of 81 residential units, office, teaching/studio space, event space, visitor centre and facilities, café and relocation of MOD space and additional commercial space

 

Case Officer Update:   Parish Council concerns resolved and response now amended; amended response from EA – will required additional conditions; application will be subject to s106

 

Speakers included:       Supporter – Mr Philip Beagle & Mr Mark Evans: local Ward Member – Cllr Brown

 

Recommendation: That Development Management Committee delegates the authority to the CoP Lead to approve, subject to the conditions listed below and the prior satisfactory completion of a Section 106 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.

 

Committee Decision: That Development Management Committee delegates the authority to the CoP Lead to approve subject to the conditions listed below and the prior satisfactory completion of a Section 106 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.

 

 

1812/17/OPA       Proposed development site at SX 550 523, Land at Venn Farm, Brixton

Parish:  Brixton

 

Outline application with all matters reserved for erection of circa 25 no. age restricted (55+) bungalow/chalet bungalow dwellings, allotments, public open space and visitor car park

 

Case Officer Update:   Applicants have appealed to Planning Inspector on grounds of non-determination.  Officer’s view is that the application is not valid and further information is requested.  The Inspector will seek a view on the outcome of the application if it had been determined through the normal process and Members are therefore being asked for their views.

 

A further letter has been received from the Parish Council stating their Neighbourhood Plan is at Regulation 14 stage and the land on which this application is sited is designated as strategic green space.

 

Speakers included:       Objector – Mr Geoff Davis:  Parish Council representative – Cllr Michael Wills:  local Ward Member – Cllr Baldry

 

Recommendation: That the Council RESOLVE that were it in a position to determine this application it would refuse planning permission

 

Committee Decision:That the Council RESOLVE that were it in a position to determine this application it would refuse planning permission

 

 

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

Parish:  Newton and Noss

 

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

 

Case Officer Update:             

 

Speakers included:      Objector – Ms Sandi Marshall:  Supporter – Mr Mildmay-White: Parish Council representative – Cllr Pete Hearn: local Ward Member – Cllr Baldry

 

Recommendation: Delegate authority to CoP Lead Development Management, in consultation with the Chairman, to conditionally grant planning permission, subject to a s106 legal agreement.

 

However, in the event that the s106 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 the absence of an agreed s106 agreement.

 

Committee Decision: Delegate authority to CoP Lead Development Management, in consultation with the Chairman, to conditionally grant planning permission, subject to a s106 legal agreement.

 

However, in the event that the s106 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 the absence of an agreed s106 agreement.

 

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, SUDs features, landscape 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

·            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 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, 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

·            Boundary treatments

 

 

2964/17/FUL       Plot adjacent Old coastguard Store, East Prawle

Parish:  Chivelstone

 

Proposed construction of dwelling, with associated access, parking and landscaping works

 

Case Officer Update:    None

 

Speakers included:       Objector – Ms Karen Hill:  Parish Council representative – Cllr Sean Jeffrey:  local Ward Member – Cllr Brazil

 

Recommendation:     Conditional Approval

 

During discussion, the Ward Member advised that there was no church in the village, it was not on a bus route and the shop had now closed, so the site was not sustainable.  The site was within the AONB, on the undeveloped coast and within a Conservation Area. 

 

Other Members stated that this application was difficult to support as it would completely block the open views from the village green towards the sea and change the character.  There was no need for a house as proposed, the village needed reinvigorating through affordable housing.

 

Committee Decision: Refusal

 

Reasons:

 

The proposed development by virtue of siting, massing, scale and the relationship with the village green, including reducing the views across the undeveloped coast from the village green does not conserve the landscape and scenic beauty of the South Devon AONB.  Furthermore the proposal fails to preserve or enhance the character and appearance of the East Prawle conservation area.  The development is therefore

considered to be contrary to policies DP2, DP6 and DP15 of the South Hams Development Policies, policies CS1 and CS9 of the South Hams Core Strategy and paragraph 115 of National Planning Policy Framework.

 

 

3360/17/FUL        Land at SX 774 647, Riverford Farm, Staverton

Parish:  Staverton

 

Development of 49.99MW Battery Storage Facility with associated infrastructure and landscaping

 

 

Case Officer Update:   Air conditioning units for the batteries would be at ground floor level, additional condition proposed;

s106 Heads of Terms to be revised to include provision and ongoing maintenance of 4 hectares land to provide for establishment of grassland to be agreed by the LPA in consultation with Natural England;

Revise condition 20 – lighting – ‘routine servicing and maintenance shall take place in daylight hours only and without the use of artificial light’.

Natural England have withdrawn their objection.

A Habitat Regulations Assessment has been undertaken which is favourable

 

Speakers included:       Objector – Mr Gavin Fennell:  Supporter – Mr Andrew Troup:  Parish Council representative – Cllr Ray Hill:  local Ward Member – Cllr Hodgson

 

Recommendation:     Delegate to CoP Lead Development Management, in consultation with the Chairman of Committee, to conditionally grant planning permission, subject to a s106 legal agreement.

 

However, in the event that the s106 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 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.

 

 

Committee Decision:Delegate to CoP Lead Development Management, in consultation with the Chairman of Committee, to conditionally grant planning permission, subject to a s106 legal agreement.

 

However, in the event that the s106 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 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.

 

The Section 106 should secure the following:

 

·            Provision and ongoing maintenance of newly created habitat (including attenuation pond), as outlined in the Great Crested Newt Mitigation Strategy, and in accordance with a Planting and Maintenance Plan.

·            Provision and on-going maintenance of a minimum of 4ha of newly created bat foraging habitat on land indicated on drawing number … to provide for the establishment of grassland, other biodiversity features and future management strategy in accordance with a LEMP to be agreed by the LPA in consultation with Natural England.

 

Conditions

 

·            Time

·            Accords with plans

·            Prior to commencement – road condition survey to be submitted and approved

·            Prior to commencement – details of vehicular access including visibility splays and surfacing to be submitted, approved and implemented.

·            Prior to commencement – scheme to assess and mitigate the risks to controlled waters as a result of the development to be submitted, agreed and implemented.

·            Habitat creation and compensation measures shall be provided as outlined within the Great Crested Newt Mitigation Strategy (RPS, October 2017) unless otherwise agreed by the LPA.

·            Prior to commencement, submission of a planting and maintenance plan for the retained and newly created habitat including attenuation pond.

·            Works shall adhere to measures within the Conservation Action Statement (Appendix 5 of the Preliminary Ecology Appraisal, Acorn Ecology, July 2017).

·            No ground works should commence until the LPA has been provided with a copy of the licence with respect to Great Crested Newts issued by Natural England pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorising the works to go ahead.

·            Prior to commencement of development a Landscape and Ecological Management Plan/Bat Mitigation Strategy for the ‘Greater horseshoe bat mitigation land’ should be submitted to and agreed by the LPA.

·            The ‘Greater horseshoe bat mitigation land’ shall be prepared in advance of commencement of development.

·            Pre-commencement – detailed surface water management scheme to be submitted, agreed and then implemented.

·            Mitigation measures set out in Noise Assessment by RPS dated September 2017 to be adhered to.

·            Acoustic fencing to be erected in accordance with approved details prior to development being commissioned

·            Pre-commencement:  Notwithstanding the submitted masterplan, detailed existing and proposed levels for the site and its surroundings to ensure that the ground remodelling is sensitively ‘blended’ into the surrounding contours without abrupt changes in level (the current contours shown are too coarse to ensure that this is the case).  Any material not used in the construction of the levels as approved must be removed from site to a licenced facility.

·            Pre-commencement :  A Construction Method Statement for the ground works, detailing the methodology for constructing the level changes.  This should include site preparation (stripping and storage of topsoil and fencing to protect the boundary vegetation), the creation of the new levels and their compaction, the removal of any debris, and the reinstatement of the topsoil. The restoration and making good of the site compound should also be included.

·            Pre commencement:  A Landscape Strategy to include:

 

·        a concept statement explaining how the proposed landscape treatment responds to the landscape character of the area;

·        the location, number, species, density, form and size of proposed tree, hedge and shrub planting;

·        details of any changes to the site access, including hedgerow removal; creation of visibility splays; kerbs, signage or other highways infrastructure; and gates, fencing or other structures.

·        the method of planting, establishment and protection of tree, hedge and shrub planting;

·        a timetable for the implementation of all landscaping; and

·        a management plan detailing the management of the landscaped areas for a minimum period of 10 years.

 

·        Colours of the containers and other equipment within the compound to be agreed prior to installation.

·        Details of lighting (temporary construction lighting and permanent lighting) including function, location, design and intensity to be agreed prior to installation. Routine servicing and maintenance shall take place during daylight hours only and without the use of artificial light.

·        Details of CCTV infrastructure including height and location of any mounted equipment to be agreed prior to installation

·        Pre-commencement:  A decommissioning strategy to be submitted to and approved in writing by the LPA.

·        Air conditioning units to be located at ground level in accordance with details to be agreed

 

 

3083/17/FUL       Ivybridge Leisure Centre, Leonards Road, Ivybridge

Parish:  Ivybridge

 

Erection of an extension to provide new swimming pool and alterations to allow refurbishment to existing leisure centre

 

Case Officer Update:   Holding objection re drainage as the site is in a ‘critical’ area has been resolved since report published, recommendation to approve subject to additional drainage conditions

 

Speakers included:       Town Council representative – Lesley Hughes 

 

Recommendation:     Authority be delegated to the CoP Lead Development management in consultation with the Chairman of Committee to approve the application subject to the outstanding drainage issue being resolved (and necessary drainage conditions being added)

 

Committee Decision: Authority be delegated to the CoP Lead Development management in consultation with the Chairman of Committee to approve the application subject to the outstanding drainage issue being resolved (and necessary drainage conditions being added)

 

Conditions

 

1.      Time limit

2.      Accord with plans

3.      Construction Management Plan

4.      Details of any external lighting to be agreed

5.      Recommendations of ecology report

6.      Foul drainage

7.      Surface water drainage

 

2027/17/HHO       Brook Bakery, riverside Road West, Newton Ferrers

Parish:  Newton and Noss

 

Householder application for refurbishment and renovation of existing cottage, new garage/boat store and replacement of rear extension including a new roof terrace

 

Case Officer Update:   None

 

Speakers included:       Ward Member – Cllr Baldry (Statement read)

 

Recommendation: Refusal

 

Committee Decision: Refusal

 

 

3071/17/FUL       18A and 18B, Leechwell Street, Totnes

Parish:  Totnes

 

Replacement of existing 2 no. 2 storey dwellings with a single new dwelling with room in the roof and roof top terrace

 

Case Officer Update:   None

 

Speakers included:     None

 

Recommendation:     Conditional Approval

 

Committee Decision:Conditional Approval

 

Conditions:

 

1.       Time limit

2.      Accord with plans

3.      Samples of materials

4.      Unexpected contamination

5.      Construction management plan