Agenda and minutes

To confirm the minutes of the last meeting.

The Minutes of the meeting held on 19 March, 2019 were approved as a correct record and signed by the Chairman.

The Chairman welcomed public speakers to the meeting. He also reminded

Members of the Committee that they should not vote on an application if they are not present at the meeting to hear the entire debate on the application.

Councillor Mayne declared an Appendix A, paragraph 10 interest in application 18/00950/FUL by virtue of her business interest at the Warren and left the meeting while the application was determined.

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.

Public speaker, objector – The extension would be within 6 inches of the boundary and would close the space between nos 50 and 52; the garden of 52 receives much of its sunlight through this gap; contrary to Policy WE8; a light assessment demonstrates that it would overshadow no.52 by an additional 65% and loss of sunlight throughout the year; loss of off-road parking contrary to policy S1(e); half of the garden would be in shadow in the spring and the summer; overlooking and loss of privacy; overdevelopment of the site; no bin storage;  and the upper window of extension will directly overlook the garden of no. 52.

Public speaker, supporter – The extension would provide additional space at

ground and first floor; in accordance with policy; design is sympathetic with the street scene, and the existing building; no loss of off street parking; the existing fence will remain; the bins are stored away from the roadside and not on show; all rear windows form both properties overlook each other’s gardens; no window in the side elevation; and no reduction in current parking arrangements.

Comments from Members included: the extension would be set back and not as high as the existing dwelling; most properties overlook one another; the extension would close the space between the dwellings; and the rear window would look directly into the neighbouring garden. 

The Business Manager advised that there would be no additional overlooking as a result of the proposal; there is no policy in the Local Plan relating to terracing effect between houses; and there are no planning reasons to refuse the application.

Resolved

Permission be granted subject to conditions:

1. Standard 3 year time limit for commencement;

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

3. Matching materials.

(14 votes for and 3 against)

The Business Manager referred to the update and the recommended amendment to the Section 106 terms.

Public Speaker, objector – there is local and Town Council highway objections to this proposal; it these issues should be resolved prior to approval of the application; contrary to NPPF guidelines; the proposal does not provide a safe and suitable access for all users, particularly pedestrians and cyclists; and a continuous footpath is required.

Public speaker, supporter – this is a small development of properties, one of which he would reside in with his family so he would want safe access to all local amenities; highway improvements include increase visibility at the access; safe routes for pedestrians; and traffic calming measures along Broadway Road; these measures have been sought for years and the proposal would deliver these; and details will be finalised in the reserved matters application.

Comments from Members included:  access goes as far as it can to provide safe access; the road is very narrow and currently not suitable for pedestrians and cyclists; existing road not suitable for the additional vehicles; proposed highway improvements would help alleviate the highway issues; there are a good number of shops, a post office and pubs east of the site at ‘Five Lanes.’ and residents will walk the most direct route to these along Broadway Road, with no footpath; the Devon Highways report from 24 September 2018 raised concerns to the application; and at what stage would the off-site affordable housing contribution be secured from the applicant.

In response the Business Manager confirmed the extent of the highway improvements which met with Devon County Council Highway Engineer’s approval, and advised that she would check the Devon County Highway concerns of September 2018. The Business Manager suggested additions to the recommended conditions set out in the report circulated with the agenda as follows: the highway concerns regarding access for all in relation to Tweenaways being resolved in consultation with the Ward Members; and Financial contribution towards affordable housing of £70,596 on completion of the 5^th unit.

It was proposed and seconded that the application be approved as set out in the report circulated with the agenda with the amendments as above.

Resolved

Subject to: (a) The highway concerns regarding access for all in relation to Tweenaways being resolved in consultation with the Ward Members; and 

(b)  The applicant entering into a Section 106 Agreement to secure:

1. Financial contribution towards affordable housing of £70,596 on completion of the 5^th unit.

2. Financial contribution of £5,000 towards a Traffic Regulation Order.

PERMISSION BE GRANTED subject to the following conditions:

1. Submission of reserved matters (scale, appearance and landscaping) prior to commencement;

2. Reserved Matters to be submitted within 3 years;

3. Commencement within 2 years of Reserved Matters approval;

4. Development to proceed in accordance with approved plans;

5. Landscape and Ecology Management Plan (LEMP) to be submitted to and approved in writing by the Local Planning Authority;

6. Works to the site shall proceed in  ...  view the full minutes text for item 23b

Resolved

Subject to: A consultation response being received from the Environment Agency,

Permission be granted subject to the following conditions:

1. Development to be carried out strictly in accordance with the works shown in the submitted details. 

2. Sample of finished material to be used for the external walls to be agreed, and the cladding to be fitted within 12 months.

As well as any other conditions required to remove any concerns raised by the Environment Agency.

(16 votes for and 0 against)

The Senior Planning Officer referred to: the update sheet to amend proposed condition 5 to alter the proposed hours of opening to 7am to midnight Monday to Saturday; and the additional consultation response from the Police Designing Out Crime Officer. Access and movement in relation to the terraces are noted, however the current situation is not being changed. The need for CCTV is highlighted, however this is not considered to be a planning matter. Bin storage is highlighted which has been addressed within the scheme and recommendations on physical protection are made which will be passed on to the applicant.

Resolved

Permission be granted subject to the following conditions:

1. Standard three year time limit for commencement;

2. Works to proceed in accordance with the approved drawings and documents;

3. Samples/details of the external materials on the building including their colour to be submitted to and agreed in writing by the Local Planning Authority;

4. Bin store shown on drawing 1846 P013 version A shall be provided prior to first use and shall be retained thereafter to ensure that adequate refuse/recycling storage facilities are provided to serve the development;

5. Hours of operation to be restricted to 7 a.m.–midnight Monday to Saturday and 8 a.m. to 11 p.m. on Sundays and bank holidays;

6. Retention as food / drink outlet (removal of permitted development rights to change use)

7. Should any extract vent flue be required, precise details to be submitted to and agreed in writing by the Local Planning Authority.

8.  Scheme of disabled access to be submitted, approved and implemented prior to operation.

INFORMATIVE - Advertisements may need a separate advertisement application; the applicant is advised to contact the Local Planning Authority for guidance

(14 votes for, 0 against and 1 abstention)

Councillor Mayne declared an Appendix A, paragraph 10 interest in application 18/00950/FUL by virtue of her business interest at the Warren and left the meeting while the application was determined.

Resolved

Subject to: the completion of the Appropriate Assessment in consultation with Natural England, the imposition of any additional/amended conditions and or obligations required as part of the Appropriate Assessment, and a Section 106 agreement to fund and facilitate a visitor survey to inform the calculation of a habitat mitigation contribution that will be required for future years’ operation and to fund an interim mitigation contribution,

Permission be granted subject to the following conditions:

1. Standard 3 year time limit for commencement of development;

2. In accordance with approved plans;

3. Temporary permission for one season commencing from the installation of the wheel, to enable quantification of impacts before longer, or permanent, permission is granted;

4. The wheel and any associated structures to be removed and the site restored on or before the expiry of the temporary permission;

5. The wheel may only be erected and operated on or after 1 April and must be dismantled before 4 September in any one year; the wheel shall not be erected or operated within the main Special Protection Area bird season, from September to March inclusive;

6. The hours of operation shall be limited to 10.00–22.00 and all lighting shall be switched off within 15 minutes of the wheel closing or by 22.00, whichever is the earlier; apart from on 10 occasions per season when the wheel may be operated until 23.00;

7. No placement or storage of any materials, vehicles or equipment in the County Wildlife Site (CWS), including vegetation, sand or soil; and to prohibit winning of any materials from the CWS;

8. Prior to first use, a fence shall be installed to help avoid trampling impacts on the CWS, the fence location and style to be submitted and agreed;

9. Any sand dug out for site levelling, footings and base shall be retained within the Warren system in accordance with a plan to be submitted to the Local Planning Authority and agreed;

10. Illuminance levels no greater than shown in lighting reports;

11. Light to have wavelengths of 550nm or more (light temperature 3,000K or less);

12. The wheel to be finished in white.

(14 votes for and 2 against)

Resolved

Prior approval be granted subject to conditions addressing the following matters, the precise wording of the conditions to be determined under delegated authority by the Business Manager, Strategic Place:

1. Details of external materials to be agreed including design of new railings, handrails and bollards

2. Details of benches to be agreed

3. CEMP to include pollution prevention guidelines

4. Specification of external lighting

5. Times of operation of external lighting

6. Recording of sea wall as requested by Historic England

7. Details of heritage boards in terms of size and location.

8. Detailed plans of viewing area

9. Details of movement joints between panels

10. Details of stone facing on wall elevation facing Marine Parade to be agreed

11. Details of alterations to footbridge adjacent to Kennaway Tunnel

12. Annual monitoring of changes to levels of beach and in the event of accelerated loss of sand submission and implementation of a scheme to address impact of new wall on beach levels.

(16 votes for and 0 against)