Agenda and minutes

To confirm the minutes of the meeting held on 20 March 2018 .

The minutes of the meeting held on 9 March 2018 were confirmed as a correct record and signed by the Chairman. (15 votes for, 0 against, 2 abstention).

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 welcomed public speakers to the meeting.

No declarations of pecuniary interest were made.

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 document previously circulated.

The Business Manager – Strategic Place reported that there were no updates to the application.

It was proposed by Councillor Smith and seconded by Councillor Mayne and

Resolved

That permission be granted subject to the following conditions:

1.    Standard three year time limit for commencement;

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

(18 votes for and 0 against)

17/02118/MAJ - -Outline planning application for up to 30 dwellings and associated works, (means of access to be determined only)

7/02275/FUL - Widening of existing residential driveway and alterations to access

Public Speaker, Objector – Objected on behalf of a local resident on the grounds that Bovey Tracey would accommodate 600 new homes rather than the 400 outlined in the local plan; an Environment Impact Assessment would need to be undertaken to assess the impact on the 12 species of bat which inhabited the area, as recommended by the Devon Wildlife Trust; the application did not comply with the policy so there are ecological reasons to refuse the application; there could be substantial harm to the heritage of the location; and the average speed on Newton Road was in excess of 44 mph, differing to the 2003 speed survey. A new survey should be performed and all key highway information provided.

Public Speaker, Objector – Objected on the grounds that the report was inconsistent with the local plans options for site access and that the access points had not been addressed at the correct planning stages. Members needed to note that the chosen options for accessing the site from Newton Road would be impacted by driver speeds, which were above 30 mph. A new road survey needed to be undertaken to assess the Newton Road.

Public Speaker, Supporter –the applicant had worked closely with the Council officers to make the application both acceptable and sustainable. The junction entrance would only be widened. The number of units would be proportionate to the site to deliver affordable homes, public open spaces and ecological enhancements.

The Principal Planning Officer presented the report explaining that the application was for 30 new homes, which was under the Environmental Impact Assessment threshold of 1000 homes and therefore not required. Natural England had confirmed there would be no impact on the local wildlife following a habitat assessment at the location. The proposed entrance widening would improve visibility at the junction onto Newton Road. Devon County Highways would secure increased visibility through a Section 278 Agreement.

Comments from Councillors included: the driveway and entrance would impact the area and heritage; the location was not suitable for 30 new homes; concern about the loss of trees; access for larger vehicles; the detrimental effect that a population increase would have on the area; a speed survey to be undertaken to address the speed limit on Newton Road; issues with multiple access points to the site; the development could lead to a loss of the period archaeology and local wildlife heritage;  more information was required from South West Water on drainage and flood impacts.

In response the Principal Planning Officer and Business Manager, Strategic Place stated that ecological and environmental impact assessments had been undertaken and a Tree Preservation Order (TPO) would be in place during the development period. He clarified that the local plan detailed multiple alternatives to access the site and not multiple access points. Devon County Council had withdrawn their objection for drainage, the entrance driveway would be maintained by a management company and a site survey had been already been undertaken to address the site archaeology concerns.

The  ...  view the full minutes text for item 406.

Public Speaker, Supporter – explained he was the owner of Marlyn House, located in a conservation area had been derelict for 15 years. The proposal was to restore the private dwelling, extending its size to develop eight units for residential use. The applicant has been working with Planning Officers and had consented to include conditions on the application and to remove the north elevation windows. Objectors had requested the property be reverted back to a private dwelling, but the property was appropriate to supply affordable homes.

The Planning Officer advised that updates had been received from both the Conservation Officer and Devon County Council, had been circulated to Members and that Marlyn House had been subject to antisocial behaviour requiring intervention from the police and Council.

Comments from Councillors included: a way forward to restore the property following years of neglect and issues with anti-social behaviour; reconstruction of the stone wall boundary would be acceptable in a conservation area; the development needed to remain in character to the conservation area; concerns about the size of the application and the offsite contributions; the one year time limit for commencement must be adhered to and all conditions be followed; the priority for the site would be to restore the property back to a suitable dwelling to match the surrounding area.

In response the Planning Officer and Business Manager, Strategic Place explained the written ministerial statement was balanced alongside the local plan policy for affordable housing, moderated by the national planning guidance. The offsite contributions would be appropriate to meet the affordable housing policy, and there would be little difference in the cost between one and two bedroom flats.

It was proposed by Councillor Hook and seconded by Councillor Dewhurst and

Resolved

That subject to applicant signing a Section 106 agreement to secure the provision of an offsite affordable housing contribution of £18,139, that permission be granted subject to the following conditions:

1.    Time limit of 1 year for commencement;

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

3.    The exterior refurbishment works to Marlyn House including replacement windows shall be completed prior to the erection of the new extension;

4.    Recommendations for watching brief as set out in the ecology report to be followed;

5.    Surface water drainage scheme including infiltration testing results shall be submitted for approval and installed prior to occupation of any apartment;

6.    On-site parking provision and turning area to be provided prior to first occupation of any apartment and thereafter kept free of obstruction;

7.    The cycle store shown on the submitted site layout plan shall be provided prior to first occupation of any apartment and thereafter retained free of obstruction;

8.    Low stone boundary walling to be provided prior to first occupation and thereafter retained;

9.    Sample of stone for boundary walling to be submitted and agreed in writing by the Local Planning Authority prior to installation and shall thereafter be installed and retained in perpetuity;

10. The refuse and recycling store  ...  view the full minutes text for item 407.

Public Speaker, Supporter – explained he had been appointed by the owner of the site and following a survey to confirm the size and layout of the property, they would be using the original landscape proposal, finalised the building design and removed the need for a drainage pumping station.

The Senior Planning Officer presented the report confirming that additional representations had been received.

Comments from Councillors included: issues with the size of the site; the removal of earth from the site would require council approval; plan details required clarification; timescales of the site work and landscaping details to be added to the plan.

In response the Senior Planning Officer confirmed that the field would be seeded and the existing pathway would be removed, leaving just the access point.

It was proposed by Councillor Haines and seconded by Councillor Clarence and

Resolved

That permission be granted subject to the following conditions:

1.    Development to be carried out in accordance with the approved plans;

2.    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);

3.    Hard and soft landscaping, retaining structures and boundary treatments to be undertaken prior to first occupation and thereafter maintained in accordance with approved plans and details;

4.    Notwithstanding condition 2, details for additional hedge and tree planting to the rear of Plot 2 and 3, along the shared neighbouring boundary, including implementation and management, shall be submitted to and approved in writing and undertaken in accordance with the approved details. Planting mix shall be evergreen and of native species;

5.    Remediation works to land edged in blue on submitted drawings to be undertaken in full within two months following completion of the last dwelling. Confirmation shall be submitted to the Council in writing;

6.    The garage at plot 3 shall be used ancillary to the enjoyment of the property only and shall not be used as extra living accommodation (incidental to or annexed to Plot 3);

7.    External materials for Plot 1, 2 and 3 and associated garaging to accord with those previously approved.

(18 votes for and 0 against)

Public Speaker, Objector – Objected on the grounds that residents considered that the eight person House in Multiple Occupation (HMO) to not be suitable for the area or street scene. 82 objections had been submitted about car parking which they felt the location could not sustain. Inspectors had also raised the issue of noise disturbance and privacy from overlooking in a recent appeal decision elsewhere in Newton Abbot.

Public Speaker, Supporter – Confirmed that applications had been submitted to the planning officers at each stage of the development. Devon County Highways had confirmed they were happy with the application. The property would provide a good standard of accommodation and would be managed by a local estate agents.

Comments from Councillors included: the existing issue of congestion in the area which was an access route to the shopping area; additional cars would create an adverse effect on the existing neighbours with limited parking; the development was considered inappropriate and impact on the surrounding area; parking would take place on roads and would be difficult to control.

The Business Manager – Strategic Place explained that the lawful use of the property as a 6 person HMO must be considered.  The applicant had requested to raise the development from a six to an eight person HMO, which the Officers considered would not have any significant additional impacts.

It was proposed by Councillor Parker and seconded by Councillor Winsor and

Resolved

That permission be refused for the following reasons:

(1)  The adverse effect on residential amenity and character of the area.

(15 votes for, 2 against and 1 no vote)

Public Speaker, Supporter –the applicant provided Members with samples of the proposed colour schemes for dormer cladding. They had requested to use a lighter shade, which had been supported by four neighbours. Planning officers had requested the use of a traditional brown colour.

The Business Manager – Strategic Place explained there had been no updates to the application and that the only matter at issue was an agreement of the cladding colour on the dormers.

Comments from Councillors included: the colour scheme would not impact the conservation area, which had existing modern designed homes previously built.

It was proposed by Councillor Bullivant and seconded by Councillor Winsor and

Resolved

That permission be granted subject to the following conditions:

1.    Standard three year time limit for commencement;

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

(17 votes for and 0 against)

Comments made by Councillors included: the site licence allowed the developer access to work and impact the area; residents should have a right to vote on the development of the site and clarification was needed on site licences; a site visit by Members would be required.

The Senior Planning Enforcement Officer advised that it was difficult to assess how much ground levels had been raised by. The Business Manager – Strategic Place commented that historic photos could be provided for a site visit, but legislation did not specify the extent of groundworks allowed to comply with a site licence.

It was proposed by Councillor Rollason and seconded by Councillor Mayne that

Resolved

Consideration deferred pending a Member site inspection.

(17 votes for and 0 against)

The Committee noted appeal decisions made by the Planning Inspectorate on appeals against refusal of planning permission as set out in the report circulated with the agenda.