Agenda item

The Senior Planning Officer reported: the receipt of an additional four representations of objection, but not raising any new issues; and a further representation from the Applicant confirming landscaping planting at the rear of 11 Woodleigh Park, a two metre hedge planting along the bank and its future maintenance.

Public speaker, objector - A retrospective application; the original conditions should be enforced; Shaldon Parish Council have objected to the application; the applicant continued to construct the section of the access road in the incorrect location despite the fact that he had not submitted an application at the time to address the issue; the development was allowed on appeal and the Applicant has contravened conditions.

Public speaker, supporter - The project has employed local people; the Section 73 application seeks to regularise the situation, bought about due to adjacent landowners incorrectly detailing their ownership; amendments were also made to the section of road concerned to comply with County Council adoptable highway standards; 730 plants have been planted for the boundary landscaping scheme; the bank is stable and no neighbouring boundary fences or other structures are being used to support the bank.

Comments made by Members included: the site inspection team viewed the site from rear gardens of properties in Woodleigh Road and it was considered that the section of road that had been re aligned with gradient changes was acceptable, with the implementation of the landscaping scheme; the gate pillars could be seen only from within the site and when passing the entrance; the landscaping scheme would screen the pillars from neighbours once grown to two metres in height; and the lack of boundary hedge to the rear of 11 Woodleigh Road would be addressed with landscaping.

The Business Manager advised that the granting of planning permission did not mean that nothing else is acceptable. There was no reason why the Council would not have approved changes to the section of road had an application been submitted before the work was undertaken. The law allows for Applicants to apply for planning permission after the work has been undertaken. Should the application be refused, costs could be awarded against the Council for refusing the application on unreasonable grounds.

Further comments from Members included: the landscaping scheme and management plan should be submitted within 1 month; and the design of the gate pillars is unacceptable. The Senior Planning Officer advised that two metre height pillars could be constructed without planning permission. The existing ones are higher than two metres and therefore require planning permission. However, when assessing the design, their visibility needs to be considered and what harm, if any, do they have in the Undeveloped Coast, when they cannot be easily seen and from very restricted places. The only public vantage point being from outside the entrance, on the highway.

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

Resolved

Permission be granted subject to the following conditions:

1.     Development to be in accordance with approved plans.

2.     Implementation of landscaping scheme (to include additional landscaping at the turning head) and management plan. Both to be submitted for approval within one month.

(13 votes for, 3 against and 2 abstentions).