Agenda and draft minutes

Planning Committee - Tuesday, 20th July, 2021 10.00 am

Venue: Council Chamber, Forde House, Brunel Road, Newton Abbot, TQ12 4XX. View directions

Media

Items
No. Item

51.

Minutes pdf icon PDF 890 KB

To confirm the minutes of the last meeting.

Additional documents:

Minutes:

It was proposed by Councillor Colclough and seconded by Councillor H Cox that the minutes be approved as a correct record.

 

A vote was taken – see attached.

 

Resolved

 

That the minutes be approved as a correct record.

52.

Planning applications for consideration - to consider applications for planning permission as set out below. pdf icon PDF 210 KB

Additional documents:

52a

21/00762/FUL - Land at Mamhead pdf icon PDF 765 KB

Additional documents:

Minutes:

The Business Manager gave a presentation on the application to the Committee.

 

Public Speaker, Supporter – Spoke on:

·       Waiting list for pitches

·       Other sites in area have waiting lists

·       Other family members have pitches

·       No objections from parish

 

Comments from Councillors included

·       The parish only meet annually

·       Local plan sets out homes for travelling community within defined settlements

·       6 year land supply of 4 pitches is not being delivered

·       Site affects the South Hams SAC

·       Site should be closer to schools

·       Visibility issues regarding hedge maintenance

·       Conditions need to be enforceable which the hedge issue is not

·       Contrary to policy WE6

·       Should there be a distinction between gypsies and travellers in the local plan?

·       Biodiversity officer supports the application

·       How is the delivery of the 5 year land supply implemented?

·       Application site could be considered a windfall site

·       How will foul drainage be implemented?

·       Can bat, bird, and bee boxes be included?

·       Is the housing currently used by the applicants culturally appropriate?

 

The Business Manager spoke on

·       No distinction is made between gypsys and travellers but there may be a focus on, for example, newer members of the community

·       Biodiversity Officer supports the application in relation to the areas use by greater horseshoe bats

·       Conditions to assure appropriate lighting

·       Hedge removal as a result of discussions

·       Policy of south west Exeter in relation to the delivery of land used for the gypsy and traveller community as well as land delivered in Kingsteignton and Teigngrace

·       Foul drainage is not a planning matter

·       Site can be used by the wider gypsy and traveller community

·       Condition 8 could include bat and bird boxes

 

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

 

A roll call was taken – see attached.

 

Resolved

 

That permission be granted subject to the following conditions:

 

1.     Standard three year time limit

2.     Standard plans condition

3.     Restriction of occupancy to members of the G&T community

4.     Details of the new hedgerow planting shall be submitted to and agreed by the LPA and the hedgerow then planted prior to the first bringing of the caravans on to the site.

5.     Details of the day room materials shall be submitted and agreed by the LPA prior to first use on site.

6.     Mobile Homes shall conform to definition of a caravan and external materials and appearance of the caravans shall be limited to either wood or a wood-effect.

7.     No external lighting other than motion-activated, low-lumen, directed down lighting.

8.     The development shall proceed only in accordance with the recommendations of the ecology report.

9.     Drainage of the site shall be by soakaways unless otherwise agreed with the LPA.

10. Visibility splays shall be provided, laid out and maintained in accordance with submitted plans.

 

 

52b

20/00647/MAJ - Indio House pdf icon PDF 997 KB

Additional documents:

Minutes:

The Business Manager gave a presentation on the application to the Committee.

 

Public Speaker, Objector – Spoke on:

·       Loss of MG5 Grassland

·       Existing fields provide biodiversity

·       Objector’ QC opinion

 

Public Speaker, Objector – Spoke on:

·       Applicant have not satisfied reasons for deferment

·       Lack of recent grassland survey

·       Objections from Town Council

·       Application does not compliment landscape

·       Tree officer opposed to application

 

 

Public Speaker, Supporter – Spoke on:

·       Site allocated for development

·       Principle of development is established

·       Outline permission already granted

·       QC opinion regarding grassland

·       Applicant will preserve as much grassland as possible

·       High quality housing with area of natural play

 

Comments from Councillors included:

·       Objections from Town Council

·       Declaration of climate emergency

·       Objectors QC provides reasons for refusal

·       MG5 grassland not significantly addressed by planning inspector

·       QC opinions should be given equal merit

·       Objectors QC opinion were not disregarded but summarised in the late update sheet

·       Landscape element of application

·       Grassland would be at risk of becoming overgrown if not cut

·       Grassland would need to become SSSI for protection

·       Inspector dealt with all matters during planning inspection

·       Ecology wasn’t raised during outline planning permission at committee

·       Consideration of the neighbourhood plan

·       Concerns about bat population

·       Change of use mitigations

·       Drainage issues

·       Bat, bird, and bee boxes are needed

·       Parking issues

·       Refuse storage needs to be enforced

·       Solar panels should be used

·       Parking cannot be enforced on private drive

·       Bovey Tracey plan is a material condition

·       Needs to comply with policy LE4

·       Ecological concerns should’ve been raised earlier

 

The Business Manager spoke on:

·       Report represents professional opinion from both planning and legal perspectives

·       Reasons of refusal would be difficult to support

·       Neighbourhood Plan and NPPF should be used for reasons for refusal

·       The emerging Bovey Tracey plan was a material consideration but with limited weight attached

·       Solar panels are not mandated

·       Details of carbon reduction measures were included.

 

The Legal Officer spoke on:

·       Members should consider both QC opinions on balance

 

 

It was proposed by Councillor Kerswell and seconded by Councillor MacGregor that permission be refused for the reasons set out by the Town Council.

 

A vote was taken – see attached. The vote was lost.

 

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

 

A vote was taken – see attached. The vote was lost.

 

It was proposed by Councillor Kerswell and seconded by Councillor MacGregor that permission be refused for the reasons set out by the Town Council as well as the landscaping.

 

A vote was taken – see attached.

 

Resolved

 

That permission be refused for the following reasons:

1.     Loss of MG5 grassland

2.     Lack of solar panels

3.     Contrary to policy H3 - Provision of discrete cycle storage/ refuse and recycling storage that is both secure and aesthetically pleasing

4.     Contrary to policy H4 - developments of above 10 units to be designed to maximise walking and cycling and to encourage health benefits which arise from access to green space

5.     Loss of landscape

 

Note:  ...  view the full minutes text for item 52b

53.

Appeal Decisions - to note appeal decisions made by the Planning Inspectorate. pdf icon PDF 96 KB

Additional documents:

Minutes:

The Committee noted the decisions made by the Planning Inspectorate