Agenda item

The Planning Officer presented the application to the Committee.

 

Public Speaker, Supporter - Spoke on:

·       No objections from any consultee officers

·       Result of self build policy from Local Plan

·       Helps promote sustainable local economy

·       Neighbouring plot has begun construction

·       Inspired by characteristics in Teignbridge design guide and Chudleigh conservation area.

 

Comments from Councillors included:

·       Tall building on top of a hill

·       Is there an explanation of conditions

·       Are conditions reasonable and affordable

·       Who will enforce bat protection

·       How long will it take for hedge to grow

 

In response Officers clarified:

·       Mix of build forms that would be in the town

·       Page 16 includes explanation of condition

·       Other sites cannot be commented on

·       Condition 3 includes a fence on the eastern boundary to protect bats

·       Hedge will be in place early

·       Members of public can report concerns to be enforced

 

A member asked a questions regarding the CIL liability on self-build plots. The Interim Head of Development advised that the calculations were carried out and an exemption process would need to be completed.

 

It was proposed by Cllr Cox and seconded by Cllr Hook that permission be granted as set out in the agenda report.

 

A vote was taken. The result was 11 for, 0 against, and 2 abstentions.

 

Resolved

 

That 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.

 

REASON: In accordance with Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

 

2.     The development hereby permitted shall be carried out in accordance with the application form and the following approved plans/documents:

Date Received	Drawing/Reference No.	Description
17 May 2024	0888 DR-1101 REV U	Drainage Plan Sheet 1
09 July 2024	6124.PL1 REV C	Elevations and Floor Plans
09 July 2024		Carbon Reduction Statement
10 July 2024	6124.PL2 REV C	Site Plan

 

REASON: In order to ensure compliance with the approved drawings

 

3.     No development above damp-proof course (dpc) level shall take place until details including exact location, extent, height, design, and materials of a temporary fencealong the eastern boundary of the site, have been submitted to and approved in writing by the Local Planning Authority. Prior to the first occupation of the hereby approved dwelling, the fence shall then be erected in accordance with the approved  details and shall thereafter be maintained and retained until the hedge required by Condition 7 of this permission is established and maintained at a height of at least 2.5m.

 

REASON: To ensure that light spill from the development does not adversely impact the integrity of the South Hams SAC designated for legally protected greater horseshoe bat species during the period it takes for the eastern boundary hedge to be established.

 

4.     No development above damp-proof course (dpc) level shall take place until details of the materials to be used on all external surfaces of the building hereby permitted have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

 

REASON: In the interests of ensuring that the development assimilates into the character of the surrounding area.

 

5.     No development above damp-proof course (dpc) level shall take place until full details of hard and soft landscaping works, including an implementation and management plan, have been submitted to and approved in writing by the Local Planning Authority. Details of soft landscape works shall include retention of any existing trees and hedges, finished levels/contours and new planting details. The hard landscape works details shall include means of enclosure, boundary and surface treatments. All works shall be carried out in accordance with the approved details and the implementation plan, and thereafter maintained in accordance with the approved plan.

 

REASON: In the interest of legally protected bat species, and in the interest of ensuring appropriate appearance of the site which assimilates with the character of the surrounding area.

 

6.     Prior to the first installation of the bin store as identified on drawing numbered 612.PL2 Rev C – Site Plan, details of its size, material, and appearance shall be submitted to and approved in writing by the Local Planning Authority.

 

REASON: In the interest of ensuring that the frontage of the dwelling assimilates into the character of the surrounding area.

 

7.     The dwelling hereby approved shall not be occupied until such a time as the eastern boundary hedge approved as part of applications 16/02423/MAJ and 21/00416/MAJ, has been implemented, in strict accordance with the following approved documents:

·       Greater Horseshoe Bat Mitigation Plan dated November 2017 (Reference: 667_GHMP_04) approved under application reference 16/02423/MAJ.

·       Landscape Specification Details dated October 2017 (Reference: 1807 05) approved under planning application reference 16/02423/MAJ.

·       Proposed Boundaries Plan dated January 2021 (Reference: 7359 PL104 Rev A) approved under planning application reference 21/00416/MAJ.

·       Landscape and Ecology Management Plan dated July 2022 (Reference: 0926-LEMP-DM Rev 2) approved under planning application reference 21/00416/MAJ.

In the event that the eastern boundary hedge is removed, becomes severely damaged, seriously diseased or dies, within 1 month of such an event details of alternative hedge planting shall be submitted to and approved in writing by the Local Planning Authority; this shall include an implementation and management strategy. The alternative hedge planting shall then be undertaken and subsequently managed in accordance with the approved details. The fencing approved under condition 3 shall be reinstated within one month of the loss of the original hedge and retained until the replacement hedge establishes. The provisions of this condition will apply to any subsequent hedge.

 

REASON: To ensure that light spill from the development does not adversely impact the integrity of the South Hams SAC designated for legally protected greater horseshoe bat species.

 

8.     Prior to the first occupation of the hereby approved dwelling, at least one bat box and one bird box shall be installed on site which shall thereafter be maintained (or replaced where repair is not feasible) and retained for the lifetime of the development.

 

REASON: In the interest of achieving biodiversity net gain on site and for the benefit of legally protected bat and bird species.

 

9.     Prior to the first occupation of the hereby approved dwelling, at least two hedgehog passes measuring 13cm by 13cm shall be inserted at ground level into any solid barriers such as fences or walls, which shall then be maintained and retained for the lifetime of the development.

 

REASON: In the interest of achieving biodiversity net gain on site.

 

10.Prior to the first occupation of the hereby approved dwelling, parking facilities shall be provided and thereafter permanently retained for the parking of vehicles in accordance with drawing reference 612.PL2 Rev C – Site Plan.

 

REASON: To ensure adequate parking facilities are provided to serve the development.

 

11.The development hereby permitted shall be carried out in accordance with the definition of ‘self-build and custom housebuilding’ as set out in section 1(A1) of the Self-build and Custom Housebuilding Act 2015 (as amended) and the dwelling hereby permitted shall be built by or completed by individuals, associations of individuals, or persons working with or for individuals or associations of individuals, for their own occupation.

 

REASON: To ensure that the development hereby permitted complies with the self-build and custom build exemption for the purposes of the Biodiversity Gain Plan Condition and in the interests of fulfilling self-build and custom build demand within Teignbridge.

 

12.Notwithstanding Section 55(2) of the Town and Country Planning Act 1990 and/or the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Act and Order with or without modification), no new glazed openings (including windows and doors) shall be made, inserted or constructed on the east elevation of the hereby approved dwelling as defined on drawing numbered 6124.PL1 Rev C –Elevations and Floor Plans hereby approved.

 

REASON: To maintain an open flyway for SAC bats which are light-averse along the edge of the woodland.

 

13.Notwithstanding Section 55(2) of the Town and Country Planning Act 1990 and/or the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Act and Order with or without modification), no pedestrian or vehicular access shall be created through the eastern boundary of the site into the adjacent dark corridor.

 

REASON: In the interest of maintaining an undisturbed open flyway for SAC bats.

 

14.Notwithstanding Section 55(2) of the Town and Country Planning Act 1990 and/or the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (or any order revoking and re-enacting that Order with or without modification), no external lighting shall be installed on, or in association with, the new dwelling, without details first being submitted to and approved in writing by the Local Planning Authority. Any external lighting shall be low-lumen, LED, PIR motion-activated lights on a short timer (maximum 1 minute), sensitive to large objects only (to avoid triggering by bats or other wildlife). Any such lights shall be mounted in association with doors only, at a height no greater than 1.9m from ground level, directed and shielded downward and away from hedges and trees. The lights shall produce only narrow spectrum, low-intensity light output, UV-free, with a warm colour-temperature (2,700K or less) and a wavelength of 550nm or more.

 

REASON: To safeguard foraging and commuting paths for legally protected bats, including bats from the South Hams SAC.