Agenda and minutes

To confirm the minutes of the last meeting.

It was proposed by Councillor Bradford and seconded by Councillor J Taylor that the minutes be approved with the amendment that it be minuted that the Natural England approval of the Wolborough items was done with concerns.

A vote was taken. The results were 4 in favour, 5 against, and 2 abstentions, and so the vote was lost.

It was proposed by Councillor Cox and seconded by Councillor that the minutes of the previous meeting be agreed as a correct record and signed by the Chair.

A vote was taken. The result was 6 for, 4 against, and 2 abstentions.

Resolved

that the minutes of the previous meeting be agreed as a correct record and signed by the Chair.

If Councillors have any questions relating to predetermination or interests in items on this Agenda, please contact the Monitoring Officer in advance of the meeting.

Councillor Bradford declared an interest in agenda items 6a and 6b. She considered herself predisposed but not predetermined as she had been part of the Newton Says No protest group. She spoke and voted on this item.

Councillor P Parker also declared an interest in agenda items 6a and 6b. He considered himself predisposed but not predetermined due to comments made. He spoke and voted on this item.

Councillor Goodman-Bradbury declared an interest in agenda item 6c. She considered herself predisposed but not predetermined as she had spoken on a similar application and been involved in the appeal. She spoke and voted on this item.

The Chairman to advise the Committee on any requests received from members of the public to address the Committee.

The Planning Officer presented the application to the Committee. He emphasised to the Committee that Natural England had not objected to these applications in relation to impacts on the SSSI, and mentioned that committee members had received a document from the applicants. The South Hams SAC would not be adversely affected which was agreed with by Natural England. The applicant had clarified that the investigations into the fen had started. Condition 20 of the outline permission applies in the meantime, with the surface water catchment and agreed conditional boundary.

Public Speaker, Objector – Spoke on:

·       SUDS should define the Wolborough fen area and seasonal fluctuations

·       Studies of the fen should be completed before a decision is made

·       The details required in condition 10 have not been submitted

·       TDC is responsible for looking after the Wolborough Fen

·       Lack of hydrological data

Public Speaker, Objector – Spoke on:

·       Impact on fen

·       Drainage system?

·       Lack of data on groundwater

·       Investigation of fen is still ongoing

·       No changes in data since the deferral at the last meeting

Public Speaker, Supporter – Spoke on:

·       Access is already approved

·       Alleviate traffic and air quality issues

·       Construction set to begin in January 2025

·       Further details on lighting, drainage, and ecology will be submitted at a later date

·       No objection from Natural England, the Parish Council, or the Biodiversity Officer

·       The application provides affordable housing

·       The application contributes to the housing target

·       The site is allocated to housing in the local plan

Comments from Councillors during the debate included:

·       The Committee must ensure that the application is the highest quality it can be

·       The proposed school has not yet been approved by Devon County Council

·       Improvements to be made to coach road but there is no scheme yet.

·       Objections from Historic England

·       Conditions have not been met

·       New roads wont fix issues with traffic

·       Endangered species must be protected, with 2 at risk of going extinct

·       Only the hybrid planning permission has been granted so far

·       The Committee must consider where the hydrology of the fen is from

·       Concerns around the worsening of air quality

·       Natural England expects the Council to protect the fen

·       Has condition 6J been kept to?

·       There is a need for housing, and affordable housing

·       The Secretary of State granted the outline approval

·       3 changes to the application as a result of deferral

·       The Committee can only make tweaks to the development but this can improve its quality

·       Significant variation from the master plan

·       Appeal decision used conclusion that the groundwater and hydrological areas were the same

·       The blue line on plans are an estimation and require more data

·       Other groups could have investigated the hydrology

·       Large trees can be used for screening

·       Groundwater modelling should’ve taken place several years ago

·       Concerns around potential imbalance in the water supply

·       Concerns around removal of hedges

·       No Highways Officer is present

·        

In response to these comments Officers clarified the following:

·       The application was deferred on highway grounds

·       DCC are the highways authority

·       Historic England had concerns  ...  view the full minutes text for item 65a

The Planning Officer presented the application to the Committee. He repeated that the applicant had distributed a document to all committee members covering reasons for deferral. The retaining walls were amended to be made of natural stone.

Public Speaker, Objector – Spoke on:

·       Dr Low did not speak at the appeal

·       No data on groundwater catchment

·       No hydrological survey data

·       Rare plants on site at risk

Public Speaker, Supporter – Spoke on:

·       Details of lighting, drainage, hedge row and tree protection, ecological mitigation, landscape and ecology implementation, and management of construction to be provided at a later date

·       Scheme to provide affordable housing

·       Controls to ensure affordable homes are delivered in step with the other dwellings

·       Focus on provision of 2 or 3 bed homes which is confirmed by evidence

·       No objections from Biodiversity Officer, Specialist Ecology Consultant, Natural England, or Devon County Council.

·       Application accords with parameters in outline permission

Public Speaker, Supporter – Spoke on:

·       Additional information has been provided and changes have been made since the Committee deferral

·       The fen will be protected and condition 20 will be discharged only when appropriate

·       The application is in consultation with Natural England

·       The application will help first-time buyers to purchase a home

·       The dwellings will help meet local needs

·       The masterplan and design code are both approved

·       Reduced carbon emission from homes

·       The application boosts investment and jobs

Comments from Councillors during the debate included:

·       Drainage details haven’t been provided

·       Natural England have concerns

·       Council is responsible for protecting the fen

·       The hydrology should be certain

·       Vistry have provided revisions to the scheme following deferral

·       Vistry would be happy to condition the carbon reduction plan

·       Vistry offered to include appropriate renewable technology to conform with Future Home Standards 2025

·       Outline planning permission has been granted

·       Natural England have not objected to the application

·       The evidence used and tested at the appeal defines the hydrological area as the same as the surface water catchment area and so cannot be used as a reason against the application

·       Neighbouring authorities have similar applications

·       Will the panels be stone?

·       The houses with improved visual quality are limited to 7

In response to these comments Officers clarified the following:

·       Enforcement Officers are considering conditions that may have been broken and attending the site with Ward Members, especially for major sites.

·       Conditions will remain in place to be discharged in the future once details are provided

·       Only the reserved matters are to be considered – these are appearance, landscaping, layout, and scale.

·       The Committee should not refuse on outline matters

·       The panels are natural stone

·       Officers will be checking the site and inviting ward members if approval is granted

It was proposed by Councillor J Taylor and seconded by Councillor Bradford that permission be refused due to the number of appealing landmark dwellings being insufficient at 7 of 93 dwellings.

A roll call vote was taken. The result was as below.

For: Cllrs Atkins, Bradford, Hall, J Taylor (4)

Against: Cllrs Goodman-Bradbury, Hook, Nuttall, Palethorpe,  ...  view the full minutes text for item 65b

The Area Team Manager (East) presented the application to the Committee.

Public Speaker, Supporter – Spoke on:

·       Current permission only allowed touring camping pitches

·       Use existing toilets and access

·       Screening from trees and bushes

·       Footpath lighting is low level

·       Flood risk assessment included in application

·       Improved surface water drainage

Comments from Councillors during the debate included:

·       The application is retrospective

·       Camping pods look attractive

·       Dawlish Warren prone to flooding

·       Claim of economic benefits but this may be misleading

·       Balance between green areas of local residents and green areas used by tourists

·       Water drainage into critical area

·       Water pressure issues

·       Could use conditions for biodiversity, water pressure, annual registers

·       What is the difference between pods and static caravans?

·       Has there been a report from the fire safety officer?

·       Have the caravan got built in amenities such as toilets and sinks?

·       Gas cannisters have to be 7.5 meters away

·       Why is this retrospective and not enforced years ago?

In response to these comments Officers clarified the following:

·       Caravans defined under legislation as specific size

·       Not necessary to ask for report from fire safety officer as there are other health and safety regulations

·       Toilets and shower blocks are separate from caravans which are just for sleeping in

·       Planning enforcement may not have known until it was reported

It was proposed by Councillor P Parker and seconded by Councillor Hall that permission be granted as set out in the report.

A vote was taken. The result was 8 in favour, 1 against, and 2 abstained.

Resolved

Permission be granted subject to:

a)    the applicant entering into a S106 agreement to rescind the previous 2014 permission; and,

b)    the following conditions:

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

REASON: In order to ensure compliance with the approved drawings.

2.     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 additional exterior lighting shall be installed on the buildings or elsewhere on the site without the express prior approval in writing of  the Local Planning Authority.

REASON: To safeguard foraging paths for legally protected bats, including Greater Horseshoe Bats from the South Hams Special Area of Conservation which are known to be particularly light sensitive.

3.     The Planting Plan, as detailed within the approved document Ref -  SHF.201.218.ENZ.XX.00.DR.L.45.001 REV PL01 shall be implemented so that planting is  ...  view the full minutes text for item 65c

The Planning Officer presented the application to the Committee.

Public Speaker, Supporter – Spoke on:

·       Improved amenity by enclosing the outdoor pool

·       Traffic will be moderate as site is for customer access only

·       Reduced heat loss

·       EV charging roll out

·       Improved surface water acquisition in the park

Comments from Councillors during the debate included:

·       Concerns around combatting flooding as Dawlish Warren is in a flood area

·       There are planters in place to soak up water

·       No letters of objection

In response to these comments Officers clarified the following:

·       Condition 5 was requested by Devon Country to combat flooding

·       There is a large swimming pool on site

It was proposed by Councillor P Parker and seconded by Councillor Hall that permission be granted as set out in the report.

A vote was taken. The result was 10 in favour and 1 against.

Resolved

Permission be granted subject to the following conditions:

1.     The development hereby permitted shall begin 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:

REASON: In order to ensure compliance with the approved drawings.

3.     The works shall proceed in strict accordance with the precautions, measures and enhancements described in the protected species survey report (by Co-Ecology, dated November 2022, especially section 6).

REASON: For the benefit of legally protected and priority species and delivery of net gain.

4.     Prior to the commencement of development, an Energy Statement and Embodied Carbon Reduction Strategy shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, the Strategy shall demonstrate the steps taken to substitute carbon-intensive materials, such as concrete and steel, with low carbon alternatives and measures taken to reduce energy consumption by 48% 88 in line with Policy S7. A review of the module mounting details and shading separation spacing for the UV solar panels should be part of this scheme in light of the flat roof location. On approval of such matters, the approved details contained within the Energy Statement and Embodied Carbon Reduction Strategy be incorporated into the scheme and retained as such thereafter.

REASON: To ensure that the site remains sustainable and to comply with Local Plan Policies S6 S7 and emerging policy CC2.

5.     No development hereby permitted shall commence until the following information has  ...  view the full minutes text for item 65d

The Planning Officer presented the application to the Committee.

Comments from Councillors during the debate included:

·       Does the coffee shop also sell food?

·       Outline permission for everything except flue

·       Are the objectors from the nearby flats?

·       How long has the flue been installed for?

·       Does this meet the minimum height required for a flue?

In response to these comments Officers clarified the following:

·       This coffee shop sells food which often happens.

It was proposed by Councillor Hall and seconded by Councillor J Taylor that permission be granted as set out in the report.

A vote was taken. The result was 10 in favour, and 1 against.

Resolved

Permission be granted subject to the following conditions:

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

REASON: In order to ensure compliance with the approved drawings

The Planning Officer presented the application to the Committee.

Public Speaker, Supporter – Spoke on:

·       Storage of essential energy for future use

·       Location is close to electrical substation

·       Limited visual impact including for cars driving past

Comments from Councillors during the debate included:

·       This is a good use of technology

·       The application falls outside the red line of the plan boundary

·       Applications falls within open countryside

·       Battery box is too large

·       Better locations are elsewhere

·       Application may affect proposed cycling infrastructure

·       Officers can be trusted to ensure application is safe for public

In response to these comments Officers clarified the following:

·       The location of the battery box

It was proposed by Councillor J Taylor and seconded by Councillor Bradford that decision be deferred to a members’ site inspection to determine whether the location was appropriate.

A vote was taken. The result was 3 for, 6 against, and 1 abstention and so the vote was lost.

It was proposed by Councillor J Taylor and seconded by Councillor Bradford that decision be deferred in order to ascertain whether the application would clash with Devon County Council’s proposed cycling route.

A vote was taken. The result was 3 for, 5 against, and 1 abstention and so the vote was lost.

It was proposed by Councillor Goodman-Bradbury and seconded by Councillor Hook that permission be granted as set out in the report.

A vote was taken. The result was 6 in favour, 2 against, and 2 absentions.

Resolved

Permission be granted subject to the following conditions

1.     The development hereby permitted shall begin 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:

REASON: In order to ensure compliance with the approved drawings

3.     Prior to the erection of any fencing or the installation of any equipment on the site, detailed finishes and colours of both shall be submitted to and agreed in writing by the Local Planning Authority. Works shall accord with the agreed details and be retained as such thereafter.

REASON: In the interests of the visual amenity of the area

4.     Prior to the first use of the approved installation, a detailed Fire Safety Management Plan and Risk Reduction Strategy shall be submitted to and agreed in writing by the Local Planning Authority. Once agreed, the plan shall remain in operation for the lifetime of the development, unless amendments are first agreed in writing.

REASON: To ensure fire  ...  view the full minutes text for item 65f

The Area Team Manager (West) introduced the item to the Committee.

It was proposed by Councillor Cox and seconded by Councillor Palethorpe that the Tree Preservation Order be confirmed unmodified.

A vote was taken. The result was unanimously in favour.

Resolved

That the Tree Preservation Order be confirmed unmodified.

The Committee noted the appeals decisions made by the Planning Inspectorate.

The Committee noted the Major Decisions Summary Sheet.