Agenda and minutes

To confirm the minutes of the last meeting.

The Minutes of the meeting held on 3 July 2018 were confirmed as a correct record and signed by the Chairman. (11 votes for, 1 against and 1 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 also welcomed public speakers to the meeting.

There were no declarations of Interest.

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.

It was proposed by Councillor Russell, seconded by Councillor Haines and

Resolved

Planning permission and listed building consent be refused for the following reasons:

A kerbstone barrier with timber palisade fence would not be appropriate here as it would not provide a sympathetic boundary treatment worthy of a Grade II listed building, and the provision of such structures would detrimentally affect the architectural integrity and setting of the listed building and consequently adversely affect the character and appearance of the Conservation Area.

(14 votes for, 1 against and 1 abstention)

Public speaker, supporter – The indoor practice area would be a valuable addition and enhancement for both members and visitors, particularly in encouraging juniors and members of the community to participate in the sport.

It was proposed by Councillor Colclough, seconded by Councillor Dennis and

Resolved

Permission be granted subject to the following conditions:

1. Standard 3 year time limit for commencement.

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

3. Tree planting to be carried out in accordance with the approved plans in first planting season following completion of the building. Any plants that fail within the first 5 years to be replaced.

4. The works shall proceed in strict accordance with the precautions and measures described in section 7 of the Preliminary Ecological Appraisal.

5. External lighting restrictions.

(16 votes for, and 0 against)

A comment was made that the opening hours could be restrictive for the summer months. It was noted that the hours of 09.00hrs to 18.00hrs was longer than had been applied for. The Applicant could address this at a later time through a variation application if necessary. 

It was proposed by Councillor Fusco, seconded by Councillor Russell and

Resolved

Permission be granted subject to the following conditions:

1. Standard 3 year time limit for commencement.

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

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

4. Hours of operation 09:00 – 18:00 daily.

(16 votes for and 0 against)

The Senior Planning Officer advised the receipt of an additional representation of objection but which raised no new issues. 

Public speaker, Objector – The proposal would exacerbate the current risk of flooding; homes were flooded in 2000 and 2012; the site is a flood plain, the Environment Agency monitor and maintain the culvert and screen; the site is not suitable for a soakaway; the sloping terrain would speed surface water in a down pour; the attenuation tanks need to have the capacity for extreme weather conditions; garden walls should have pipe holes to enable the continuation of surface water drainage throughout the site.

Public speaker, Objector – Access through Brimley Vale is unacceptable on the grounds of Highway safety, a petition of 44 addresses objecting to this has been submitted; Self Builds can be accessed through Monks Way; Brimley Vale is currently a cul-de-sac and the safety of residents, particularly young children would be put at risk; cars and property would be damaged from large construction vehicles; high levels of dust; and large vehicles would block the road.

Public speaker, Supporter – The site is allocated in the Local Plan as BT3; the flood risk mitigation includes a robust scheme approved by the Environment Agency, and Devon County Council and the Council’s drainage officers; the 7173 cubic metre flood storage unit would significantly decrease downstream flooding; £2,429,000 CIL funds would be available; the Highway scheme has been approved by Devon County Council; the use of Brimley Vale would be limited to the construction of the self-build units to enable the plots to come forward  and not have to be delayed until the internal road off Monks Way has been constructed.

Comments from Members of the Committee included: there is a lack of general infrastructure in the town for this development; the speed along Monks Ways, currently 60 mph would be reduced to 40 mph but this should be reduced further; the use of Brimley Vale for the construction of self-build units should be limited; the play area is too close to the attenuation equipment and is likely to be more at risk of flooding; the area for industrial units should be converted to SANGS and not additional housing if marketing proves there is no demand for units in that location; utilities infrastructure is already at its potential without the additional housing; the primary school is already not large enough and many children travel to schools outside the town; the GP surgery is full; the inadequate infrastructure should be addressed prior to development; it would be a long time before CIL funds would start to address the issue; and the current flooding problems would be exacerbated.

The Business Manager emphasised that the site was allocated in the Local Plan, there are no issues with the highways and drainage schemes; the development would provide affordable housing and custom build plots; nearly £2.5 million would be provided through CIL; when the internal road is constructed the Brimley Vale access would be closed off  ...  view the full minutes text for item 113d

This application was withdrawn from the agenda at the Applicant’s request.

The receipt of a further representation, but which raised no new issues was noted. 

Public Speaker, Objector – Highway safety objections; insufficient infrastructure in place for the increase in traffic as a result of the proposal; the road is unsuitable for heavy traffic and large vehicles; the narrow road with no footpath is a designated cycle path since 2014 and part of the cycle network; users of the road are the young, old and inexperienced; no street lighting; it has a blind summit; the access to the A38 is unsuitable for additional traffic; and the application is retrospective with the use in situ without planning permission.

Public Speaker, Supporter – The proposal is in accordance with Policy; there are no objections from statutory consultees; support from the Council’s Economic Development Officer; and 52 representations of support.

Councillor comments included: difficulty in enforcing business working hours comply with conditions; the road is unsuitable being a recognised cycle route; wildlife would be disturbed with additional traffic; B8 storage and distribution use does not generate much employment; and the breach of condition is being investigated.

The Solicitor advised that the Environmental Protection Act covered statutory nuisances such as dust, fumes and noise nuisance.

It was proposed by Councillor Kerswell and seconded by Councillor Dewhirst that the application be refused on the grounds of additional vehicles and non-compliance with hours stated in the planning condition.

An amendment was proposed by Councillor Bullivant and seconded by Councillor Haines that the application be approved as set out in the report circulated with the agenda.

The Business Manager advised that the site would not change in appearance or use because the application is retrospective. There is no support for refusal from statutory consultees, there would be no reduction in employment, and the business is not of a scale that would impact on the viability of the town centre.

A vote on the amendment was taken because there were no substantial reasons put forward for refusal and therefore no grounds to vote on the proposal.

Resolved

Permission be granted subject to the following conditions:

1. Development to proceed in accordance with the approved plans.

2. Use restricted to the purposes set out in supporting documents or Class B8 only.

3. Noise levels arising from works should not exceed the background noise by more than LAeq 5 dB.

4. Within 1 month from date of decision a landscaping scheme shall be submitted for approval and work shall be carried out within3 months regarding screening to the rear to mitigate the impact of lighting on the site.

5. Operating hours including deliveries limited to Monday–Friday 07:00 to 19:00, Saturdays 07:00 to 13:00 and not at all on Sundays or Bank Holidays.

6. The polythene-clad building shall be clad in metal sheeting within 3 months of approval, full details of which, including colour and manner of fixing, shall be first approved in writing by the Local Planning Authority.

7. No external lighting to be installed unless first approved - full  ...  view the full minutes text for item 113f

The Committee considered the reports of the Business Manager – Strategic

Place, together with additional information reported by the officers and information detailed in the late representations updates document previously circulated.

The Senior Enforcement Officer advised that the site has been cleared to an extent that it is no longer considered untidy and the notice has been satisfactorily complied with. Another Notice could be served should the site become untidy again.

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

Resolved

No further action is taken in relation to the untidy land because the Untidy Land Notice have been complied with.  (16 votes for and o against)

The Chairman reported on the views of the Ward Member, Councillor Golder advising that the site has been of concern over the years, and a solution would be welcomed by the local community.

It was proposed by Councillor Haines, seconded by Councillor Colclough and

Resolved

Any further action is deferred for six months.  (15 votes for and 0 against).  

The Committee noted appeal decisions made by the Planning Inspectorate on

appeals against refusal of planning permission, reported by the Business Manager as follows:

17/00081/ENFA - appeal against Enforcement Notice – Mistleigh Farm Barns, Doddiscombsleigh.

Resolved

That under Section 100(A)(4) of the Local Government Act 1972, the Press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part 1 of Schedule12A of the Act.

The Principal Delivery Officer referred to the report previously circulated. The report contained information relevant to the Draft NA3 Wolborough, Newton Abbot, Development Framework Plan, (DFP).  The Committee considered the information before making a decision on the Development Framework Plan below.

Resolved

That the report be noted.

At this juncture the meeting returned to public session.

Consideration was given to the report circulated with the agenda, which sort approval of the Draft NA3 Wolborough, Newton Abbot, Development Framework Plan and supporting documents for consultation purposes.

The Principal Delivery Officer advised that the documents would be published for a minimum 8 week period of public consultation together with the SEA and HRA screening reports. The general public, local groups and organisations, together with statutory consultees would be consulted on these documents. The public consultation would include a drop-in event to be held in the local area.

Following the consultation, the DFP and any proposed revisions would be reported to a future Planning Committee, followed by the Executive where it is expected that approval will be sought.

The draft DFP has been prepared as a Supplementary Planning Document but there may be merit in taking it forward as a Development Plan Document (DPD), which would be slower to produce but more authoritative. As part of the consultation the DFP would seek views on this issue. 

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

Resolved

1.     The Draft NA3 Wolborough, Newton Abbot, Development Framework Plan and supporting documents, (attached to this report as Appendices 1-3), are approved for consultation with a view to a final version being approved at a future Executive. An updated version of the Development Framework Plan will be reported to the Planning Committee prior to the meeting of the Executive

2.     Authority be delegated to the Business Manager Strategic Place to make minor formatting changes to the appendices prior to the commencement of consultation.

3.     Natural England, the Environment Agency and Historic England are consulted on the draft determination on whether a Strategic Environmental Assessment is required.

4.     Natural England is consulted on the draft Habitats Regulation Appropriate Assessment on whether the draft Development Framework Plan will result in likely significant effects on the South Hams Special Area of Conservation (SAC), subject to appropriate mitigation.

(9 votes for and 0 against)