Agenda item

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 but did not object

·       The approved design code outlines what is needed to approve the SUDS drainage system.

·       Condition 10 covers surface water

·       The drainage strategy has been approved for area 2a

·       Details are already confirmed for the area of green infrastructure

·       As Local Planning Authority, condition 20 gives the Council power to protect the fen.

·       The reserved matters are the only consideration, not the list of conditions include at outline approval

·       Trees proposed accord with British standard

·       Avoid discussing other planning applications in other authorities

·       The list of reasons for deferral at the last meeting was so that clarification could allow decisions to be made

 

 

It was proposed by Councillor J Taylor and seconded by Councillor Bradford that decision be deferred until completion of the hydrological survey of the Wolborough fen.

 

A roll call vote was taken. The results are below.

 

For: Cllrs Atkins, Bradford, Hall, P Parker and J Taylor (5)

 

Against: Cllrs Goodman-Bradbury, Hook, Nuttall, Palethorpe, Parrott, and Sanders (6)

 

Abstained: Cllr D Cox (1)

 

The vote was lost.

 

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

 

A roll call vote was taken. The results are below.

 

For: Cllrs Goodman Bradbury, Hook, Nuttall, Palethorpe, Parrott, and Sanders (6)

 

Against: Cllrs Atkins, Bradford, Hall, J Taylor, and P Parker (5)

 

Abstained: D Cox (1)

 

Resolved

 

Reserved matters approval be granted subject to the following conditions:

 

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

 

Date Received	Drawing/reference number	Description
22 May 2024	19545-PHL-02-13 REV I	Highway Profiles Sheet 1 of 3
22 May 2024	19545-PHL-02-14 REV J	Highway Profiles Sheet 2 of 3
22 May 2024	19545-PHL-02-15 REV J	Highway Profiles Sheet 3 of 3
22 May 2024	19545-PHL-02-31 REV B	Cross Sections
22 May 2024	959-07	Phase 2 Infrastructure RMA Tree Pit Detail in verge
20 May 2024	959-01F	Phase 2 Infrastructure RM Application Boundary
20 May 2024	19545-PHL-02-27 REV A	Footway Gradients
20 May 2024	19545-PHL-02-23 REV K	Road Appearance Sheet 1 of 3
20 May 2024	19545-PHL-02-22 REV D	Site Clearance Plan Sheet 3 of 3
20 May 2024	19545-PHL-02-21	Site Clearance Plan Sheet 2 of 3
20 May 2024	19545-PHL-02-20 REV D	Site Clearance Plan Sheet 1 of 3
20 May 2024	19545-PHL-02-16 REV O	Forward & Junction Visibility Sheet 1 of 3
20 May 2024	19545-PHL-02-09 REV O	Extent of Adoption Sheet 1 of 3
05 Jul 2024	19545-PHL-02-25 REV I	Road Appearance Sheet 3 of 3
05 Jul 2024	19545-PHL-02-18 REV L	Forward & Junction Visibility Sheet 3 of 3
05 Jul 2024	19545-PHL-02-11 REV L	Extent of Adoption Sheet 3 of 3
05 Jul 2024	959-DB10A	Phase 2 Infrastructure RMA Landscape Section Details
11 Jul 2024	19545-PHL-02-01 REV O	Highway Layout Sheet 1 of 3
11 Jul 2024	19545-PHL-02-03 REV O	Highway Layout Sheet 3 of 3
12 Jul 2024	19545-PHL-02-02 REV R	Highway Layout Sheet 2 of 3
12 Jul 2024	19545-PHL-02-05 REV	T Swept Path Analysis-Bus
12 Jul 2024	19545-PHL-02-06 REV P	Swept Path Analysis Sheet 1 of
12 Jul 2024	19545-PHL-02-10 REV O	Extent of Adoption Sheet 2 of 3
12 Jul 2024	19545-PHL-02-17 REV N	Forward & Junction Visibility Sheet 2 of 3
12 Jul 2024	19545-PHL-02-24 REV K	Road Appearance Sheet 2 of 3
15 Jul 2024	959-DB013	Infrastructure RMA Tree Pit Detail Primary Road
15 Jul 2024	959-DB02 REV J	Phase 2 Infrastructure RMA Landscape Proposals
15 Jul 2024	959-DB03J REV J	Phase 2 Infrastructure RMA Landscape Proposals 12
15 Jul 2024	959-DB04	REV J Phase 2 Infrastructure RMA Landscape Proposals
15 Jul 2024	959-DB09 REV A	RM2 Infrastructure Render
15 Jul 2024	959-DB10 REV B	Phase 2 Infrastructure RMA Landscape Section Details
09 Aug 2024	19545 PHL-01-06 Rev B	Hard Landscaping Details

 

REASON: In order to ensure compliance with the approved drawings. NB: The conditions attached to the outline permission, and the obligations secured under the s106 legal agreement remain in force.