Agenda, decisions and draft minutes

Planning Committee - Tuesday, 26th November, 2019 10.00 am

Venue: Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX

Items
No. Item

62.

Minutes

To confirm the minutes of the last meeting.

Minutes:

The Minutes of the meeting held on 19 November 2019 were confirmed as a correct record and signed by the Chairman.

 

63.

Declarations of Interest.

Minutes:

Councillor Dewhirst declared an interest in applications 19/01665/FUL- Springfield Holiday Park, Tedburn St Mary, and 19/01473/MAJ- Fingle Glen Golf Club, Tedburn St Mary by virtue of his position as a director of a holiday park. Councillor Dewhirst did not speak or vote on the applications.

64.

Planning applications for consideration - to consider applications for planning permission as set out below. pdf icon PDF 135 KB

Minutes:

The Committee considered the reports of the Business Manager – Strategic

Place Development Management together with comments of public speakers, additional information reported by the officers and information detailed in the late representations updates document previously circulated.

 

64a

NEWTON ABBOT - 19/01439/FUL - Former Wolborough Hospital Development Site , Old Totnes Rd - Replacement of 5-bed residential unit 10 under 13/01497/MAJ with 2x semi-detached and 2x detached 3-bed residential units pdf icon PDF 532 KB

Additional documents:

Decision:

Resolved

 

Permission be granted subject to the following conditions:

1. Standard 3 year time limit for commencement.

2. Development to be carried out in accordance with the approved plans and documents.

3. Submission of materials for approval including a sample panel of stone work to be constructed on site for approval.

4. Full drainage details to be submitted and agreed prior to the commencement of works on site.

5. Submission and approval of hard and soft landscape proposals.

6. Implementation of bat mitigation/enhancement measures.

7. Parking for each plot to be provided prior to occupation and retained thereafter.

8. Details of siting, design and finish/materials of all meter boxes and inspection chambers to be submitted and agreed.

9. Removal of Permitted Development Rights.

10. Details of all rooflights to be submitted and agreed.

11. Works shall proceed in accordance with the Construction Management Plan (CMP).

12. Works shall proceed in accordance with the Contaminated Land Report.

13. Prior to any works commencing other than those for the access and internal road an appropriate Slow Worm survey work shall be undertaken

14. Full details of Management Company responsible for on-site communal areas to be submitted.

15. Requirement to install appliances at least as efficient as detailed in carbon calculator.

16. Provisions for electric vehicles.

17. Provisions for bird boxes, if appropriate.

(12 votes for, 1 against and 3 abstention)

 

Minutes:

The Case Officer reported on an additional objection representation and, amendments to condition 13 and additional condition 15, relating to requirements to install appliances at least as efficient as detailed in carbon calculator.

 

Public Speaker, Supporter –Stated that the space between the proposed and existing was approximately 80 meters, four times larger than the required distance set by national guidelines. Overlooking would be minimal. Described the proposed houses as well designed, sustainable, and were smaller which would meet housing needs.Large contribution for affordable housing. The ecology assessment and mitigation would result in no detrimental impact on bats. The site is brownfield land. The proposals accord with policies EN3 and S7.

 

Comments from Councillors included: The proposals are closer to the boundary wall and increased overlooking than the original application; close to a grade 1 listed church; concerns about the current validity of the bat survey which was undertaken in 2015, evidence of slow worms on site; no provision for electric vehicle points; concerns about carbon emissions, transport options for residents; air pollution concerns relating to Wolborough Street; inclusion of bird boxes; and the newly approved cycle route in the area.

 

The Business Manager clarified that there were sufficient conditions included to protect wildlife and also that there was sufficient access to public transports and routes around the area, transport options for residents included bus links and pedestrian and cycle routes to town which included routes through Bakers Park, and along the river Lemon avoiding the main road. There would be an affordable housing contribution for offsite provision.

 

Following further comments from Councillors suggesting that there be additional conditions relating to provisions for electric vehicles andprovisions for bird boxes, the Planning Officer advised that there was no biodiversity evidence requiring the provision of bird boxes but that they would liaise with the Biodiversity Officer and a condition would be included to incorporate bird box provision if the buildings are considered suitable. It was agreed to add a condition requiring the provision of vehicle charging points.

 

It was proposed by Councillor MacGregor and seconded by Councillor J Petherick that the application be approved as set out in the agenda report, subject to amendment to condition 13 and further condition 15 as recommended by the officer above, and 2 further conditions relating to provisions for electric vehicles and  provisions for bird boxes, if appropriate.

 

Resolved

 

Permission be granted subject to the following conditions:

1. Standard 3 year time limit for commencement

2. Development to be carried out in accordance with the approved plans and documents

3. Submission of materials for approval including a sample panel of stone work to be constructed on site for approval.

4. Full drainage details to be submitted and agreed prior to the commencement of works on site

5. Submission and approval of hard and soft landscape proposals

6. Implementation of bat mitigation/enhancement measures

7. Parking for each plot to be provided prior to occupation and retained thereafter

8. Details of siting, design and finish/materials of all  ...  view the full minutes text for item 64a

64b

IPPLEPEN - 19/01655/FUL - 15 Ledsgrove, Ipplepen - Single storey rear extension, extension to and raising of roof to garage & cladding to front and dormer gables pdf icon PDF 344 KB

Decision:

Resolved

 

Permission be granted subject to the following conditions:

1. Standard time limit

2. Works in accordance with approved plans

3. Bat Mitigation Plan

(14 votes for, 0 against and 1 abstention)

Minutes:

The Planning Officer recommended a further condition relating the submission of a satisfactory Bat Mitigation Plan.

 

It was proposed by Councillor Dewhirst and seconded by Councillor Wrigley that the application be approved as set out in the agenda report with the addition of the Bat Mitigation Plan condition. 

 

Resolved

 

Permission be granted subject to the following conditions:

1. Standard time limit

2. Works in accordance with approved plans

3. Bat Mitigation Plan

(14 votes for, 0 against and 1 abstention)

 

 

64c

BICKINGTON - 19/01204/OUT - Land To The North Of Old Hill, Bickington - Outline application for four affordable dwellings and five market dwellings, (approval sought for access) pdf icon PDF 517 KB

Decision:

Resolved

 

Permission be refused for the following reasons:

1. The proposed development would constitute the provision of open market housing within the open countryside which is contrary to Policy S22. Whilst an element of affordable housing is proposed, the application is not accompanied by a viability assessment which evidences the requirement for the open market housing to cross subsidise the delivery of affordable homes on a rural exception site. The application is therefore contrary to Policies S21, S22 and WE5 of the Teignbridge Local Plan.

2. Insufficient information has been supplied to demonstrate that the proposal would not have a harmful impact on protected species contrary to policies EN8 (Biodiversity, Protection and Enhancement) and EN10 (European Wildlife Sites) of the Teignbridge Local Plan.

 (11 votes for, 3 against and 2 abstentions)

 

Minutes:

Public Speaker, Objector – Objected on the following grounds: the majority of residents have objected, the land is classified as open countryside, a similar application was refused in 2018, the need for affordable housing can be met without development in the countryside, the presence of foxes & bats, lack of on road parking, increased flooding risk, roads are narrow and emergency vehicles currently have difficulty negotiating narrow roads.

Public Speaker, Supporter – Supported on the following grounds: An identified need for new housing, the importance of housing for reinvigoration, good public transport links, and that most opposition had come from people living close to the development.

Comments from Councillors included: Merit for a site inspection to assess the value of the site for housing, approval of the application would be premature, the site is outside the village envelope, the site should be reviewed as part of a neighbourhood plan, no viability assessment for open market housing which is contrary to policy WE5, contrary to policy S22 as is within the Countryside, concerns about the precedent of building in greenfield area and concerns about the inclusion of market housing.

The Solicitor advised that approval of this application may establish the principle of open market houses in the Countryside and may make it harder to refuse similar applications in the future.

It was proposed by Councillor H Cox and seconded by Councillor J Petherick that consideration be deferred pending a site inspection.

An amendment was proposed by Councillor J Hook and seconded by Councillor Dewhirst that the application be refused for reasons set out in the agenda report. The amendment was carried.

Resolved

 

Permission be refused for the following reasons:

1. The proposed development would constitute the provision of open market housing within the open countryside which is contrary to Policy S22. Whilst an element of affordable housing is proposed, the application is not accompanied by a viability assessment which evidences the requirement for the open market housing to cross subsidise the delivery of affordable homes on a rural exception site. The application is therefore contrary to Policies S21, S22 and WE5 of the Teignbridge Local Plan.

2. Insufficient information has been supplied to demonstrate that the proposal would not have a harmful impact on protected species contrary to policies EN8 (Biodiversity, Protection and Enhancement) and EN10 (European Wildlife Sites) of the Teignbridge Local Plan.

 (11 votes for, 3 against and 2 abstentions)

 

 

64d

TEDBURN ST MARY - 19/01665/FUL - Springfield Holiday Park, Tedburn St Mary - Use of land for siting of 12 static caravans with decking areas and associated works for holiday use including the demolition of club house and bungalow pdf icon PDF 370 KB

Decision:

Resolved

 

Consideration deferred pending a Member’s site inspection.

(13 votes for and 2 against)

Minutes:

Public Speaker, Objector – Tedburn Parish Council opposed the development on the grounds that it would have a detrimental effect on tourism and concerns that the holiday lodges will become permanent residences.

 

Public Speaker, Supporter – Competitive markets means that the business must adapt to survive, appeal to more tourists, demand for more static homes, in accordance with the local plan policies S12 and EC11 to support and expand existing holiday accommodation, lodges will be well screened and will not have a detrimental impact on the environment. Holiday accommodation will be controlled by planning condition and bring benefits to the local area.

 

Comments from Councillors included: Acknowledgement that there was a history of holiday parks becoming permanent residences, condition 3 is hard to enforce, concerns that the caravans will be sold as permanent accommodation, the site occupancy register should be available for inspection, a site inspection be held, and it was asked what the difference between a caravan and static home was.

 

In response, the Business Manager clarified that both could fall within the definition of a caravan, and also referred to GDPR issues in relation to occupancy registers being open for public inspection.

 

The Solicitor added that it was unreasonable to refuse the application on the basis that in the future it may become permanent residential.

 

In response to additional comments raised by Councillors, the Business Manager advised that the site would not be CIL liable because the units are not permanent structures as they are caravans.

 

It was proposed by Councillor J Petherick and seconded by Councillor Wrigley.

 

Resolved

 

Consideration deferred pending a Member’s site inspection.

(13 votes for and 2 against)

 

 

64e

TEIGNMOUTH - 19/01479/FUL - Welim Lodge , 27 Woodway Road - Two storey side extension and replacement garage pdf icon PDF 441 KB

Decision:

Resolved

 

Permission be granted subject to the following conditions:

1. Time limit for implementation (3 years);

2. To be built in accordance with approved plans;

3. Garage to be constructed using pile and beam foundation, details of which shall be submitted and agreed before constructing the garage

(17 votes for and 0 against)

Minutes:

Public Speaker, Supporter – An extra metre of space is required to the front of the extension, add a lower pitched roof, lower the garage floor, less intrusive and materials will match existing dwelling.

 

Councillors had raised concerns about the application being overbearing, but it was considered that all properties in this area overlook each other.

 

The vote was proposed by Councillor Phipps and seconded by Councillor MacGregor.

 

Resolved

 

Permission be granted subject to the following conditions:

1. Time limit for implementation (3 years);

2. To be built in accordance with approved plans;

3. Garage to be constructed using pile and beam foundation, details of which shall be submitted and agreed before constructing the garage

(17 votes for and 0 against)

 

 

64f

TEDBURN ST MARY/WHITESTONE - 19/01473/MAJ - Fingle Glen Golf Club, Tedburn St Mary - Improvement of the existing golf facilities and remodelling of the golf course along with change of use of the existing golf course land for the siting of 25 self contained units of holiday accommodation pdf icon PDF 624 KB

Additional documents:

Decision:

Resolved

 

Permission be granted subject to the following conditions:

 

1. The development hereby permitted shall be begun before the expiry of three years from the date of this permission.

2. The works hereby permitted shall be carried out accordance with the application form and approved plans.

3. Implementation of landscaping scheme in first planting season following completion of development.

4. Lodges (within definition of caravan) to be occupied for holiday purposes only and not as a main residence. A register of occupiers to be maintained.

5. Limit to number of lodges (within definition of caravan) and engineering works to those identified.

6. No loudspeakers or amplified music shall be played or installed other than within the units hereby approved.

7. CEMP to include pollution control measures, tree protection, controls on lighting and responsibilities for delivery.

8. LEMP to include long term management of new and retained habitats

9. Submission of a travel plan to accord with the Transport Statement

10. Lighting on the lodges to be motion activated on a short timer (max. 3 minutes)

11. Only outdoor lighting approved by the LPA to be installed on the site

12. Submission of detailed design of permanent surface water drainage management system

13. Submission of detailed design of surface water drainage management system which will serve the development site for the full period of its construction

14. Submission of details of the exceedance pathways and overland flow routes across the site in the event of rainfall in excess of the design standard of the proposed surface water drainage management system

15. Submission of schedule of external materials

16. Any areas of decking shall be constructed of materials that are recessive in colour and shall be dismantled and removed from the site on or before the removal of the lodge/ caravan to which they are associated.

17. Provision of covered and lockable cycle parking for 10 cycles

18. Provision of an electric car charging point

19. Bollard lighting to be turned off at or before 1.30am

20. A code of occupation to be provided in all lodges which shall include the requirement that noise must be kept to a minimum after 10 pm.

 

(15 votes for, 0 against and 1 abstention)

Minutes:

It was noted that the conditions for the application had been updated with the addition of four further conditions and an amendment to condition 10 as set out on the update sheet.

 

Public Speaker, Objector – Tedburn Parish Council oppose the development, concerns that the number of lodges is doubling and will become permanent residences, concerns that there will be a detrimental effect on the landscape as it will give the appearance of a small housing development, the development may turn the area into a brownfield with increased noise, light pollution and only one parking space per unit, and pressure on local sewage capacity.

 

Public Speaker, Supporter – There need to be changes to be economically sustainable, safeguard the site’s future, enhance the golfing experience, improve the beauty of the area by removing the netting, the plan adheres to planning guidelines, landscaping will screen the cabins, and all conditions will be complied with.

 

Comments from Councillors included: the application is sympathetic to the landscape and, the lights will be low illumination and the further conditions and amendment to condition 10 will introduce further control.

It was proposed by Councillor Nuttall and seconded by Councillor J Petherick that the application be approved as set out in the agenda report and as amended in the update sheet.

 

Resolved

 

Permission be granted subject to the following conditions:

 

1. The development hereby permitted shall be begun before the expiry of three years from the date of this permission.

2. The works hereby permitted shall be carried out accordance with the application form and approved plans.

3. Implementation of landscaping scheme in first planting season following completion of development.

4. Lodges (within definition of caravan) to be occupied for holiday purposes only and not as a main residence. A register of occupiers to be maintained.

5. Limit to number of lodges (within definition of caravan) and engineering works to those identified.

6. No loudspeakers or amplified music shall be played or installed other than within the units hereby approved.

7. CEMP to include pollution control measures, tree protection, controls on lighting and responsibilities for delivery.

8. LEMP to include long term management of new and retained habitats

9. Submission of a travel plan to accord with the Transport Statement

10. Lighting on the lodges to be motion activated on a short timer (max. 3 minutes)

11. Only outdoor lighting approved by the LPA to be installed on the site

12. Submission of detailed design of permanent surface water drainage management system

13. Submission of detailed design of surface water drainage management system which will serve the development site for the full period of its construction

14. Submission of details of the exceedance pathways and overland flow routes across the site in the event of rainfall in excess of the design standard of the proposed surface water drainage management system

15. Submission of schedule of external materials

16. Any areas of decking shall be constructed of materials that are recessive in colour and shall be dismantled  ...  view the full minutes text for item 64f