Agenda and minutes

It was proposed by Councillor Fusco and seconded by Councillor Dennis that the minutes of the meeting held on 26 September 2017 be approved as a correct record. This was carried by 16 votes for, 0 against and 3 abstentions. The Chairman signed the minutes.

The Chairman reminded Members that they should not vote on an application if they are not present at the meeting to hear the entire debate on the application. The Chairman also welcomed public speakers to the meeting.

Members declared interests as detailed below.

The Committee considered the reports of the Business Manager – Strategic Place together with comments of public speakers, additional information reported by the officers and information detailed in the late representations updates sheet previously circulated.  

Hybrid application comprising: Full application for conversion of the existing threshing barn and associated linhay to form three dwellings and erection of 16 new dwellings with associated landscaping and access; Outline application for dwellings with open space and infrastructure works (approval sought for access).

The Committee recalled that the site was inspected previously. An additional representation has been received from the Applicant in relation to an issue raised by Bovis Developments, regarding the SW Exeter development area as a whole. A representation has also been submitted by a resident of Shillingford Abbot raising concern about the proposed access at Waybrook Lane. 

Public Speaker: Supporter – Negotiations on the application had been continuing for the past 5 years. 222 dwellings would be developed, the Hay Barns retained and converted to dwellings, Waybrook Cottages retained, and  affordable housing and gypsy and traveller pitches provided. Section 106 and CIL contributions amounted to some £20,000 per dwelling. It would be a quality designed site, sensitive to the surrounding environment. Increased costs and site specific issues have taken time to agree.

In response to Members concerns relating to the delivery of community infrastructure for the entire SW Exeter area, the Principal Planning Officer advised on the area granted planning permission in January 2017 to Bovis  which would provide primary and secondary education, health provision, in- door sports and community space, community centre. This was in accordance with the Framework Plan for the SW Exeter area approved in 2014.

Other comments raised by Members of the Committee included: affordable housing percentage of 16% and lack of District Heating with no Carbon Reduction Plan is disappointing; sustainable travel modes such as construction of the bridge for the greater SW Exeter area, cycle and pedestrian links and bus transport should be in place before occupation of dwellings; progression of funds to develop the Marsh Barton railway station; broadband provision; loss of trees; and capability and capacity of foul and surface water drainage systems to cope with the new development.

In response the Committee was advised that: carbon reduction plans are largely under the auspices of Building Regulations and developers either have to have measures in place or be linked to a district heating scheme; a temporary  “safe crossing” across the A379 will be constructed until the permanent bridge crossing is completed; some trees would be lost at the access point, however trees in the middle of the site would be retained; broadband facilities are part of the remit for the SW Exeter Infrastructure Delivery Officer but less a planning matter; public transport services were already within a reasonable walking distance from the site; this Council and Devon County Council have funds committed to Marsh Barton Railway station; and foul and surface water drainage requirements would be agreed with SW Water.

It was proposed by Councillor Smith, seconded by Councillor Haines and

Resolved

Permission be granted subject to:

A) The completion of a Section 106 agreement within 9 months of the date of this Committee to provide:

1. Affordable Housing in line with the recommendations of the viability report split 6 Affordable Rent: 30 Shared Ownership (16%) (to be reviewed on receipt of any significant public or other funding in relation to any aspect of the scheme and received prior to commencement of  ...  view the full minutes text for item 177a

Variation of condition 2 on planning permission 15/01503/VAR to amend access road.

Public speaker, Objector – The access road has been developed in the wrong location and is 4 metres closer to the boundary with dwellings in Woodleigh Park. The approved plans should be enforced.

Public speaker, Supporter – A small section of the road has been moved 2.7 metres easterly in order to regularise the matter that land ownership had not been accurately identified, and the adoptable gradient imposed by Devon County had to be met.  The impact on neighbours’ amenity is minimal because the properties are some 150 feet from the boundary due to the length of the rear gardens; the road is at a lower level and screened, and therefore cannot now be seen by some neighbours; and it has been developed in accordance with highway regulations.

Concerns raised by Members included: the application is retrospective; it is within the Undeveloped Coast; the road is closer to the neighbours’ boundaries who are also discontent with the development of the 5 houses;

In response the Business Manager advised that the houses had been developed in accordance with approved plans, and are not the subject of the current application. The road is acceptable and the situation needs to be regularised.

It was proposed by Councillor Clarance, seconded by Councillor Dewhirst and

Resolved

Consideration deferred pending a Member site inspection.

 (16 votes for, 2 against and 1 not voted).

Conversion of existing building to one dwelling. 

Public speaker, Objector – The site has a long planning history with refused planning permissions and enforcement issues; it is unsustainable; has pollution/contamination problems; detrimental to neighbours amenities in terms of overlooking and loss of privacy; noise and disturbance; poor access and additional traffic on narrow lanes; and increased flooding risk.

The Chairman reported a note from Ward Member Councillor Price who was unable to attend the meeting, considered the General Permitted Development Order provisions (Under Class Q), which facilitated the proposed lawful conversion of half of the barn to a dwelling, supersede the desire for enforcement.

In response to Members’ comments and concerns in relation to unlawful; use of the site, the Business Manager advised that half of the barn has been used for unauthorised residential purposes. Approval was sought to convert the remainder of the barn to residential. Mindful of the Class Q permission, for a single dwelling, approval of the application would regularise the situation for the whole barn, still delivering 1 dwelling, and there would be no unauthorised use.

Additional comments from Members included that the site was well screened and there was no reason why approval would result in additional traffic.

It was proposed by Councillor Brodie, seconded by Councillor Dewhirst and

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 approved plans.

3. Unsuspected contamination condition.

4. Permitted Development Rights removed, Classes A, B, C, D, E and G of    Part 1 and Classes A, B and C of Part 2.

(11 votes for, 3 against and 5 abstentions)

Extension to authorised gypsy site to provide two additional pitches, comprising pitches, comprising parking, dayroom, tourer pitch and static unit.

Councillor Smith declared a predetermined interest and spoke but did not vote on the application. The Vice Chairman chaired the meeting for this application.

Public Speaker Objector – Teignbridge has sufficient pitches allocated for the next five years; additional pitches would be contrary to the Local Plan; the proposed increase applied for would result in some 20 people on site which would be disproportionate in relation to the number of residents at Woodland; poor access and lanes are unsuitable for additional traffic, with 3 accidents in the last 6 months and 1 death in the last 3 years; unsustainable site with no public transport and concern for the safety of children walking the 2 miles to the primary school; contrary to Policies S1 and WE6; safety of residents being directly underneath 400kv National Grid Power lines, which has been linked to childhood leukaemia, and for example when a resident is repairing a caravan roof; National Grid have not objected to the application but the guidance is that there should be no permanent dwelling directly underneath power lines.

Comments raised by Members included: a person fixing a roof would be within the exclusion zone of the power lines; the target for Gypsy and Traveller pitches for the next 5 years has been met; an unsustainable site with no public transport; highway safety, narrow lanes with blind bends; noise disturbance from power lines; and pitches can prove difficult to deliver. The gypsy and traveller community chooses to live at the site, therefore the application should be approved.

It was proposed by Councillor Dewhirst, seconded by Councillor Keeling and

Resolved

Permission be refused for the following reason:

1. Proximity to 400kv National Grid Power lines.

(11 votes for, 4 against and 2 abstentions)

Demolition of existing dwelling and erection of two dwellings.

The Ward Member, Councillor Haines referred to the report circulated with the agenda which detailed his concerns. His concern about flood risk has been addressed with the dwellings now proposed significantly higher; condition 13 addressed his concern about refuse area; condition 9 addressed another concern and he proposed that a construction management plan be included with this condition. 

It was proposed by Councillor Haines, seconded by Councillor Prowse and

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/documents.

3.  Surface water drainage scheme to be submitted for approval.

4.  Notwithstanding the submitted details, samples of external materials for the dwellings shall be submitted to and approved by the Local Planning Authority.

5.  Removal of Permitted Development Rights – Part 1, Schedule 2 (Classes A, B, C, D, E and G – alterations and extensions to dwellings, outbuildings, roof alterations, porches, chimneys and flues).

6.  Unsuspected land contamination.

7.  Recommendations as set out in ecology report to be followed.

8.  No external lighting shall be installed on or in association with the new dwellings, except low intensity, warm spectrum PIR security lighting on a short timer (2 minutes maximum) mounted on the eastern elevation, for the benefit of legally protected species.

9.  Construction Management Plan including: phasing of demolition/construction work, and on-site parking; deliveries and collection of materials shall only take place during the following hours 8am to 6pm Monday to Friday and 8am to 1pm Saturdays; and works shall not take place on Sundays or Bank Holidays.

10. Disposal of waste shall not be undertaken by burning.

11. Visibility splays as shown on drawing 6117/2 Rev B shall be provided prior to first occupation of either dwelling and thereafter shall be kept free of obstruction over 600mm.

12. The development shall not be carried out otherwise than in strict accordance with the submitted Flood Risk Assessment.

13. The development shall not be occupied until refuse/bin storage facilities have been provided in accordance with details, to include proposals for maintenance and management of the storage area, which shall have first been submitted to and approved in writing by the Local Planning Authority. Once provided the facilities shall be retained in perpetuity.

14. No development shall take place until the applicant has secured the

implementation of a programme of archaeological work in accordance with a

written scheme of investigation which has been submitted by the applicant and approved by the Local Planning Authority. The development shall be carried out at all times in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the Local Planning Authority.

15. Foul drainage from the development and no other drainage shall be connected to the public foul or combined sewer.

16. Landscaping Plan to be submitted prior to the development progressing beyond dpc level and shall include all surfacing materials, boundary treatments, planting and landscape works and  ...  view the full minutes text for item 177e

The Business Manager advised that it was expedient to serve an enforcement notice to cease the unauthorised use of the land for residential purposes.

The Ward Member Councillor Ford reiterated the evidence of residential use. Activities on the site associated with residential use, detrimental to the amenities of neighbours included dogs barking, noise from generators; and light pollution from lighting towers.

It was proposed by Councillor Prowse, seconded by Councillor Keeling and

Resolved

An Enforcement Notice be served to cease the unauthorised use of the land and building for residential purposes with a compliance period of one month. In the event of the Notice not being complied with, the Solicitor be authorised to take action as necessary under Sections 178 and 179 of the Town and Country Planning Act 1990.      (18 votes for and 0 against)

Consideration was given to a guidance note for developments impacting on cirl buntings, to ensure a consistent and up to date approach is applied.

The cirl bunting is a nationally rare and threatened ‘priority species’, which

receives legal protection as a Wildlife and Countryside Act ‘Schedule 1 bird’.

Once a widespread farmland bird, Britain’s cirl bunting population is now

confined to South Devon, with Teignbridge supporting about 30% of the

country’s birds. Over the last 10 years Teignbridge has worked with stakeholders to best consider the cirl bunting through planning. Compensation measures include taking a financial contribution from developers for the Council to then deliver the necessary conservation measures offsite, in partnership with others where appropriate. Under this system around £165,000 has already been received and spent on cirl bunting conservation projects across the District, including 3ha winter foraging habitat. More than £650,000 more is secured through S106 Agreements with further conservation schemes under development.

Resolved

a) The technical guidance note, which provides a consistent approach for dealing with developments that negatively impact cirl buntings be approved.

b) The Business Manager-Strategic Place, in consultation with the Chairman of the Committee, be authorised to amend the guidance note as necessary to maintain the most up to date advice.    (15 votes for and 1against)

The Committee noted a report circulated with the agenda on decisions made by the Planning Inspectorate on appeals against refusal of planning permission.