Agenda item

The Business Manager advised that the overall site is allocated in the Teignbridge Local Plan for a mixed use development. The application site itself already has outline planning permission for up to 230 dwellings. This is a reserved matters application that complies with the terms of that outline permission. Means of access was approved in detail at outline stage. This reserved matters application only concerns appearance, landscape, layout and scale.

The Business Manager added that the Applicants have engaged positively in negotiations with officers and the design and layout of the scheme the subject of the application is significantly improved from that originally submitted in May last year. The Council’s Active Leisure Officer is satisfied that the reason for refusal at the last meeting of the committee has been overcome with the following:

·      A revised footway and cycleway arrangement to provide a more

              direct cycle route.

·      A ‘food production’ area is now provided in accordance with condition

              13 of the outline permission.

·      The Children’s play provision is now made within Zone 2 through a

              “Play On The Way” element.

·      A LEAP Detail Layout has been submitted which demonstrates that 5    pieces of play equipment can satisfactorily be accommodated within the area.

The Senior Planning Officer reported one further late representation from Chudleigh Town Council dated 1 June, 2018, raising concerns about the presence and mitigation for the Greater Horseshoe Bat, and disruption with construction traffic.

Public speaker objector –  On behalf of residents objected on the grounds of highway safety, and the safety of school children along the footpath at Station Hill, wide enough only for single file pedestrians, along a busy road and a bend; the Town Council and Devon County Council are aware of the situation; the proprietor of Rock Nursery and members of a local running group have raised concerns about the footpath width; and the Chudleigh Road safety group was working with the Town Council to resolve.

Public speaker objector – Objected on the grounds of connectivity and sustainability of the proposal; land is available to widen the footpath at Gordon’s Lodge; and consideration should be deferred until the footpath can be made safe.

Public speaker supporter – The proposal was deferred at the last meeting on the grounds of connectivity and this has been addressed; access and highways were approved at outline stage, but can be revisited as part of application 17/02330/MAJ. Since the last meeting officers and the Applicant have met and agreed the amendments as detailed above and the provision exceeds the standard provision, and included Greater Horseshoe Bat Mitigation and £300K for leisure improvements.

The Solicitor referred to the public speaker’s reference to highways and access being revisited during the next application and reiterated that the current reserved matters application concerned appearance, landscape, layout and scale only.

The Business Manager referred to the concerns raised by the public speakers. The pedestrian link along Station Hill formed part of the means of access approved at the outline application stage. The narrow section of footpath along Station Hill was recognised at the time and a great deal of time was spent developing a safe alternative route via Oldway. The offer of land from the landowner is welcome but this would improve only a limited section and would not entirely overcome the objections. The Applicant is happy to explore the option.

Comments from Councillors included: development cannot commence until the travel plan is submitted; objections from Natural England in relation to the mitigation proposals; biodiversity concerns; safety of the connectivity to the Town centre; and the offer of free land to widen the footpath along Station Hill should be pursued.

It was reiterated that the Applicant spent a great deal of time developing a safe alternative route via Oldway approved at the outline stage, and this was not an issue for discussion of the current application. The pedestrian connectivity for the current application was not Station Hill but via Oldway.

The Business Manager referred to the issues that were negotiated following then last meeting of the Committee which had been addressed.  In addition the application would provide 229 dwellings, 11 custom build, and £136,000 for outdoor leisure facilities.

The Solicitor reiterated that the issues of deferment had been addressed and urged the Committee that it should have confidence in its officers that the development will be monitored to ensure it stays within the conditions.  

It was proposed by Councillor Bullivant, seconded by Councillor Mayne and

Resolved

Subject to:

1. Agreement that the updated Outline LEMP document (in consultation with

Natural England) satisfactorily addresses required mitigating measures to

off-set any identified adverse impact upon biodiversity as set out in the

original and supplementary Section 106 forming part of the outline permission reference 13/01062/MAJ.

2. The completion of an Appropriate Assessment and agreement (in

consultation with Natural England) on mitigating measures to off-set any

identified adverse impact upon biodiversity to be reflected in appropriately-worded conditions in addition to those set out below.

Delegated authority be granted for reserved matters permission to be granted subject to the following conditions (unless additional information is submitted prior to the decision which addresses the requirements of the conditions/and in addition, any other conditions which may be considered necessary under 1 and 2 above).

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

the exception of employment building detail/layout).

2. Details of boundary treatments and gates (materials, design) to be

submitted and agreed in writing.

3. Details of the gabion baskets (rock type, specification) to be submitted and

agreed in writing.

4. Plots numbered 82/83/175/176/177/178/186/187 shall be constructed in

accordance with Part M4(2) standard of the Building Regulations.

5. Details of equipment and future maintenance of the play areas and other

areas of Green Infrastructure required.

6. Notwithstanding the submitted details a phasing plan must be agreed.

7. Road Restraints Risk Assessment Process (RRRAP) to be undertaken and

submitted for written approval.

8. Details of how an acceptable noise environment will be achieved in respect

of the properties sited closest to the A38.

9. All trees to be planted in accordance with British Standard and to be

inspected by Teignbridge District Council Arboricultural Officer prior to

planting.

10. Details/samples of materials to be used to construct the dwellings shall be

submitted to and approved by the Local Planning Authority.

11. Architectural detailing of dwellings to be submitted to and approved by the

Local Planning Authority.

12. Details of all underground services to demonstrate that there will not be a

conflict between services and proposed tree planting to be submitted to and

approved by the Local Planning Authority.

13. Submission of a Design Code (in respect of the Custom Build Dwellings) to be approved by the Local Planning Authority.

14. Details of future management and maintenance arrangements for the SUDS required.

15. Details of the temporary drainage scheme, for the period of construction

works, to be submitted to and approved by the Local Planning Authority.

INFORMATIVE: Proactive Monitoring.

(10 votes for, 2 against and 3 abstentions)