Agenda item

The Chair raised an issue that had occurred during the site inspection wherein a member of public has erroneously attended the visit. This member of public was not invited to the visit and did not make their position known. The Site Inspection team were asked to disregard any comments this person might have made.

 

Following these comments, Cllr J Taylor claimed to the Committee that the Chair had tried to direct Officers to disregard the member of public’s attendance following discovery of their identity. In response the Chair claimed that this had not occurred and that no attempt had been made to hide this information.

 

It was proposed by Cllr J Taylor and seconded by Cllr Macgregor that a vote of no confidence in the Chair be held. The result was 2 in favour, 9 against, and 2 abstentions and so the vote of no confidence was lost.

 

The Senior Planning Officer presented the application to the Committee.

 

Public Speaker, Objector – Spoke on:

·       Need for choice in pubs

·       Historic use of building

·        Community benefit scheme

·       Two offers to purchase the building

 

Public Speaker, Supporter – Spoke on

·       Pub not profitable

·       High energy bills

·       Low return business

·       Support for application from highways officer

·       Low footfall

 

Comments from Councillors during debate included:

·       Lack of parking on site

·       Concerns for pedestrian safety

·       Use of the car park as a turning point in the road

·       Road is used by agricultural vehicles

·       The proposed footpath should be available for public use

·       Loss of local facilities

·       Need for well designed public and private spaces

·       Policy P-12 community benefit

·       1947 Planning Law

·       Neighbouring pub isn’t highly used

·       No sufficient offer from the community

·       Are parking issues a reason for refusal?

 

 

In response to Councillors’ comments, the Officers clarified the following:

·       Parking is considered acceptable by the Highways Officer

·       The 1990 Town and Planning Act is the current legislation

·       The ACV doesn’t require the applicant to sell

·       Teignbridge doesn’t have control over parking standards

·       There is no agreement with the applicant to allow public use of the proposed footpath

·       The number of parking spots would be a reason for refusal

 

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

 

A vote was taken – the result was 13 for and 1 against

 

Resolved

 

Permission be granted subject to conditions addressing the following

matters, the precise number and form of which shall be delegated to the Head of Development Management:

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:

Date	Drawing/Reference No.	Description
13 Feb 2024	00764526 3041CE	Site Location Plan
13 Feb 2024	SWE 853 VERSION 1	Ecology Report by South West Ecology, dated 30 May 2023
13 Feb 2024	01/BLOCK/24	Block Plan
13 Feb 2024	3219-ADV-RP-HTN-1000 (B)	Highways Technical Note by Advance Consulting Engineers Ltd, dated February 2024
13 Feb 2024	05/P/23	First Floor Plan & Roadside Elevation as Proposed
13 May 2024	04/P/23 REV. A	Ground Floor Plans as Proposed
13 May 2024	06/P/23 REV. A	Elevations as Proposed

 

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

 

3.     No development shall take place until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation (WSI) which has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out at all times in accordance with the approved scheme as agreed in writing by the Local Planning Authority.

 

REASON: To ensure, in accordance with paragraph 211 of the National Planning Policy Framework (2023) and the supporting text in paragraph 5.17 of the Teignbridge Local Plan Policy EN5 (adopted 2013), that an appropriate record is made of archaeological evidence that may be affected by the development.

 

4.     Prior to commencement of any part of the site, the Local Planning Authority shall have received and approved a Construction Management Plan (CMP) including:

a)    the timetable of the works;

b)    daily hours of construction;

c)     any road closure;

d)    hours during which delivery and construction traffic will travel to and from the site, with such vehicular movements being restricted to between 08:00 and 18:00 Mondays to Fridays inc.; 09:00 to 13:00 Saturdays, and no such vehicular movements taking place on Sundays and Bank/Public Holidays unless agreed by the planning Authority in advance;

e)    the number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits;

f)      the compound/location where all building materials, finished or unfinished products, parts, crates, packing materials and waste will be stored during the demolition and construction phases;

g)    areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes, unless prior written agreement has been given by the Local Planning Authority;

h)    hours during which no construction traffic will be present at the site;

i)       the means of enclosure of the site during construction works; and

j)       details of proposals to promote car sharing amongst construction staff in order to limit construction staff vehicles parking off-site

k)     details of wheel washing facilities and obligations

l)       The proposed route of all construction traffic exceeding 7.5 tonnes.

m)   Details of the amount and location of construction worker parking.

n)    Photographic evidence of the condition of adjacent public highway prior to commencement of any work;

 

The approved CMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

 

REASON: In the interests of local amenity. Construction management details need to be agreed prior to works commencing as matters require oversight from that time.

5.     Prior to the commencement of the development, details of a package of carbon reduction measures designed to reduce carbon emissions from the development beyond building regulations requirements shall be submitted to and approved in writing 13 by the Local Planning Authority. The development shall thereafter by implemented in accordance with the approved details prior to first use.

 

REASON: In order to ensure that the development delivers a reduction in carbon dioxide emissions in accordance with Policies EN3 and S7 of the Teignbridge Local Plan taking into account the Climate Emergency declared by Teignbridge District Council.

 

6.     Visibility splays shall be provided, laid out and maintained for that purpose at the site access in accordance with drawing C23219-TP001 Rev B where the visibility splays provide intervisibility between any points on the X and Y axes at a height of 600mm above the adjacent carriageway level and the distance back from the nearer edge of the carriageway of the public highway (identified as X) shall be 2.4 metres and the visibility distances along the nearer edge of the carriageway of the public highway (identified as Y) shall be 43 metres in both directions.

 

REASON: To provide adequate visibility from and of emerging vehicles.

 

7.     The works hereby approved shall proceed in strict accordance with the precautions, measures and enhancements described in the protected species survey report (by South West Ecology, dated 30 May 2023).

 

REASON: For the benefit of legally protected species and to provide biodiversity enhancements.

 

8.     The dwellings hereby approved being Unit 1, Unit 2, Unit 3 and Unit 4, shown on the approved Block Plan dated 13.02.2024 and marked 01/BLOCK/24, shall not be brought into any use until the parking area detailed on the same approved Block Plan has been completed and this parking area shall thereafter be retained in perpetuity and used ancillary to the residential use of Unit 1, Unit 2, Unit 3 and Unit 4 only.

 

REASON: To ensure adequate parking facilities are provided to serve the development.

 

9.     Prior to its first use on the building, a sample of the slate to be used on the new pitched roof element of the building hereby permitted shall be submitted to and approved in writing by the Local Planning Authority. The work shall proceed in accordance with the approved material.

 

REASON: In the interest of visual amenity of the area.

 

10.Notwithstanding 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 development of the types described in Classes A, AA, B, C, D, E and G of Part 1 of Schedule 2, Class A of Part 2 of Schedule 2 and Classes H and I of Part 14 of Schedule 2 shall be constructed (other than those expressly authorised by this permission)

 

REASON: To ensure that the character and appearance of the locality are protected and to avoid overdevelopment in the interests of local amenity