Agenda item

Reserved Matters application (appearance, landscaping, layout and scale) for the construction of 88 dwellings including 20% affordable housing, landscaping, public open space and associated site infrastructure; pursuant to Outline Planning Permission 19/00238/MAJ

The Principal Planning Officer (PPO)presented the application, which included updates following the Committee site inspection held on 2 October 2025. This was attended by the Chair, Cllrs Nuttall, P. Parker and Clarence, together with representatives from Abbotskerswell Parish Council and Newton Abbot Town Council. The PPO confirmed that there were no additional updates to those already referred to in the published Updates Document, namely clarification regarding CIL and the inclusion of revised drawing number KM-P2-6902 REV P1 (Sustainable Heating Strategy) instead of the drawing number PERU3010 6902 REV I (Sustainable Heating Strategy) referred to in recommended condition 1 in the Committee report.

The Committee presentation from the PPO set out in detail:

• The location of the application site in its wider context, clarification of the requirements of Local Plan Policy NA3, and access route linkages between Wolborough Barton part of the NA3 site to the west and the Langford Bridge area of NA3 to the west.
• The Planning history of the site with particular reference to the hybrid permission reference 19/00238/MAJ dated 24^th July 2020.
• The various parameter plans referred to in the hybrid permission, relating to land use and movement throughout the Langford Bridge area, building heights, residential density,and ecological mitigation, together with reference to the approved Masterplan and Design Code, and the phasing of development. The Committee was advised that the application site formed phase 2 of the overall development scheme at Langford Bridge.
• The reserved matters details approved under application reference 22/01151/MAJ for the adjoining phase 1 development which was under construction and nearing the final stages of completion, including reference to layout, housing mix and tenure, building heights, external finishing materials, boundary treatments, parking and EV charging points, section drawings showing street scenes, and photographs of the phase 1 development along Kingskerswell Road and along the primary route through the site.

The PPO’s presentation then concentrated on the Phase 2 development, the subject of the current application being considered. This part of the presentation included:

• Clarification of amendments to parts of the layout, dwelling orientation and building heights that had occurred from when the application was first submitted to the present submission, including provision on one bed units where none had formed part of the original submission. Also, the provision of additional sustainable linkages between the phase 2 and future phase 3 developments.
• Layout of the current development proposal with various measurements showing distances between dwellings themselves and to boundaries, lengths of gardens, road and footpath widths.
• Specific details setting out the proposed housing mix and tenure (with reference to the proposed mix compared to policy guidance and proposal including 18 affordable units to which no objections had been received from the Housing Enabling Officer), building heights and density (with comparison made to the parameter plans referred to earlier), external finishing materials, site levels, boundary treatment, parking and EV charging, cycle storage and the various detailed landscaping drawings relevant to differing parts of the site.
• Those parts of the site to be adopted by the Highway Authority, owned by the Housing Association, and by a future management company.
• Typical elevations for the various different sized dwellings.
• Photographs of the site both in close proximity and from afar.

The PPO went on to address various comments that had been raised by the Committee Site Inspection Group. These included:

• Use of solar panels. The PPO confirmed that the proposal included a fabric first sustainable strategy (including timber construction and all dwellings to have air source heat pumps and water butts. Following the Committee SI, it was proposed that all the affordable units would be provided with solar panels in addition to air source heat pumps. A revised drawing was presented showing the plots in question and a condition was recommended to this effect.
• Impact on residential amenity in terms of overlooking from the southern footpath overlooking the proposed garden areas of the split-level properties. Various section drawings were presented showing levels differences and the inclusion of a 1.1 metre high fence above the proposed 1 metre high hedge bank to remove any overlooking and loss of privacy concerns.
• Drainage. Drawings and drone footage were presented clarifying the proposed drainage strategy with reference to attenuation pond constructed to serve the phase 1 development as well as 6 units of phase 2, and how the rest of the phase 2 drainage would be accommodated. Mention was made of an existing ‘conditions discharge’ application (ref 19/00238/COND19) relating to the discharge of drainage condition 12 attached to the original hybrid permission, and a currently undetermined reserved matters application (ref 25/00345/MAJ) relating to highways and drainage infrastructure proposals serving phase 2 and phase 3 developments.
• Clarification of receipt of comments from the Lead Local Flood Authority confirming no objections to the current reserved matters application for phase 2, mindful that specific outstanding technical details could be addressed through the undetermined ‘conditions discharge’ and reserved matters infrastructure applications.

The PPO confirmed the recommendation of approval with 11 conditions and set out the reasoning behind each condition.

Speaker – supporter R Clark representing the applicant – raised the following issues.

·  Provision of housing for local people - 82% of phase 1 houses were occupied by people from 10 mile radius, so it is likely to be similar for the current phase 2 application.

·  Provision of 18 affordable units.

·  The development follows the principle of the design code, including a mix of external materials.

·  In response to officers request the layout has been amended to include 1 and 2-bed units, amendment to layout, solar panels added to affordable housing units, and heights of some units reduced from 3 to 2 storey.

In response to questions and comments from Members, including the Ward Member, it was confirmed that:

·the self-build plots would be subject to separate reserved matters planning applications and the existing section 106 Agreement included how the plots would be priced and marketed. Notwithstanding, the PPO would seek further clarification from the applicant as to how the self-build units will be priced and made available to the public;

·the main road through the development would be lit, but not to the detriment of bats using the wildlife corridors and no objections had been raised by the ecological consultants acting for the Council;

·the location of the bat corridor was not adversely impacted by the development proposal and had been suitably approved under the Habitats Regulations Assessments;

·25 units would have garages, the remainder would have parking spaces. The PPO would contact the applicant as to why there were so few garage spaces being proposed compared to parking spaces.

·a section of pavement alongside the Decoy Employment Estate was regularly obstructed with cars and vans parked on the pavement. The potential for double yellow lines along this section would be investigated with the County Highway Authority. It was noted that the section of footpath between the Football Club and access to phase 1 walked along during the site inspection was clear of cars and other obstructions.

·continued blockages to the grids in phase 1 which prevented satisfactory surface water drainage would be pursued independently with the applicant.

·fencing was considered to be more practical on top of the new hedgebank to prevent overlooking rather than simply allowing hedging to grow in terms of health and safety issues.

·footpath surfacing was important in terms of appearance, practicality of use, and drainage and would be subject to a recommended condition.

·future provision of a NEAP in phase 3 would be discussed with the applicant in due course.

·there had been no pre-determined comments made by any Member prior to this Committee meeting.

Comments were made by a Member raising several concerns about the proposed development, including excessive frontage parking, especially serving the split-level units, inadequate number of stone houses, boundary treatments, lack of suitable sustainability measures in terms of bus services, cycle and pedestrian links to the town. Comment was also made welcoming the 1 bed properties in the proposals.

The PPO confirmed that the site had the benefit of outline planning permission, and was allocated in the Local Plan for development, and thus development on the site benefitted from being deemed to be acceptable in principle. Also, the PPO pointed out to the Committee the importance of contacting the case officer with any comments well before the Committee meeting so that such comments could be explored with an applicant beforehand. To this end the PPO referred to the informal Q&A Committee briefing held in August where comments had been invited from members which could be discussed further with the applicant and also how the comments raised by the Committee Site Inspection Group had been addressed.

It was proposed by Cllr J. Taylor that the application be refused on the grounds of parking layout and inadequate number of garages, lack of accessibility, and inadequate sustainability in terms of access and egress by foot.

This proposal was not seconded.

It was proposed by Councillor Sanders, seconded by Councillor Cox and

RESOLVED by 7 votes for, 1 against and 1 abstention

Reserved matters be granted, subject to the following conditions:

1.                   Development in accordance with approved plans

The development hereby permitted shall be carried out in accordance with the following approved plans:

REASON: To ensure compliance with the approved drawings.

2.                   Sample panel of stonework

Prior to any above ground works to any of the natural stone walls including boundary walls, retaining walls and building elevations as specified on drawing no. PERU3010 6202 Rev I “ Wall & Roof Materials” hereby approved, a sample panel of stonework showing the type of stonework, type of pointing and the mortar to be used which shall be recessed from the outer face of the stonework shall have been constructed on site and made available for inspection, together with details and specification of materials used for its construction submitted to and approved in advance in writing by the Local Planning Authority. The sample panel shall be approximately 2 square metres in size. For the avoidance of doubt, all stonework shall be laid on its traditional bed and machine cut or sawn faces shall not be used in the wall or for quoin stones. Once approved the panel shall remain on site until the completion of works, and the stonework shall be constructed to match the approved sample panel.

REASON: To ensure that the development reflects the distinctive character of the local area using appropriate and high-quality materials

3.                   Details of the LEAP

Prior to the first occupation of any dwelling hereby permitted in this phase of development, details of the Local Equipped Area of Play (LEAP) in this phase shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

a)                   sectional drawings showing finished ground levels,

b)                   details of retaining structures and means of enclosure,

c)                   the specification and type of surfacing to be provided for the LEAP,

d)                   the specification, type and method of fixing of the play equipment,

e)                   the specification and type of planting to be incorporated into the LEAP, and

f)           a timetable for the carrying out and completion of the LEAP in its entirety.

The development hereby approved shall be carried out in accordance with the approved details and thereafter the LEAP shall be retained and maintained for the lifetime of the development.

REASON: In the interest of ensuring the delivery of an appropriate and accessible area of play for the benefit of the future occupiers of the development without undue delay.

4.                   Details of surfacing of non-adopted footpaths

Prior to the first occupation of any dwelling hereby permitted in this phase of the development, details of all footpaths, which are not to be formally adopted by the Highway Authority, in this phase shall be submitted to and approved in writing by the Local Planning Authority. The details shall include:

a)          the specification and type of surfacing to be provided for the footpaths,

b)          the specification and type of any means of enclosure / handrails that may be provided adjoining said footpaths,

c)           the methods of draining these footpaths to avoid unacceptable surface water run-off onto adjoining land, including the LEAP and roads, and into nearby residential dwellings, and,

d)          a timetable for the carrying out and completion of the non-adopted footpaths in their entirety.

Thereafter, such non-adopted footpaths shall be retained and maintained and remain open for public access in perpetuity and shall, at no times, be obstructed and public use prevented, unless there is a need for the carrying out of essential repairs and maintenance to any part of the footpaths, in which case prior written notification from the applicant/developer shall be submitted to the Local Planning Authority with clear details provided as to the extent of repair or maintenance works to be carried out and the length of time such obstruction will occur, and subsequent written approval provided by the Local Planning Authority.

REASON: In the interests of sustainability and allowing ease of movement for pedestrians within this phase of development and connecting to other phases of development, having due regard to safety of users, flood risk, and overall appearance.

5.                   Details of boundary fencing

No dwelling on plots 53, 54 and 111 to 128 inclusive shall be occupied until the new Devon hedges and fencing thereon to the south of those plots have been constructed, erected and landscaped in accordance with all approved layout, section and landscaping drawings. Thereafter, these Devon hedges and fencing thereon shall be retained and maintained in perpetuity and shall not be removed, demolished or dismantled in any way, either in whole or in part, without the prior written approval of the Local Planning Authority.

REASON: In the interests of the health and safety of users of the footpath and green open space to the south of the dwellings on the plots identified in this condition, whilst also retaining privacy for and safeguarding the residential amenities of future occupiers of said dwellings.

6.                   Details of external lighting

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 new external lighting shall be installed on, or in association with the buildings the subject of this permission, at any time except for low-intensity, PIR motion-activated lights on a short timer (maximum 2 minutes), sensitive to large objects only (to avoid triggering by bats or other wildlife). Any lights should be mounted at a height no greater than 1.9m from ground level, directed/cowled downwards and away from hedges and trees. The lights should produce only narrow spectrum, low-intensity light output, UV-free, with a warm colour-temperature (2,700K or less) and a wavelength of 550nm or more.

REASON: In the interest of ensuring the protection of legally safeguarded light-sensitive species of bats.

7.                   Details of photo voltaic panels

As indicated on drawing no. 21724/Wareham (2), Photo Voltaic (PV) panels shall be fitted on the southerly facing roof slopes (or most appropriate aspect) of plots 68, 69, 72, 73, 74, 75, 76, 79, 80, 81, 89, 90, 91, 92, 93, 100, 101 and 102. Such PV panels shall have been fitted to the roof slope of each identified dwelling and be operational prior to the first occupation of each respective dwelling, in accordance with details previously submitted to and approved in writing by the Local Planning Authority, including details of exact locations, numbers and dimensions on the roof slope, and extent of protrusion above the roof slope. Thereafter, the approved PV panels shall be maintained and remain in situ and operational.

REASON: In the interests of promoting renewable energy generation, having due regard to policy CC5 of the emerging Teignbridge Local Plan 2020-2040, and to safeguard the design and appearance of the development as a whole.

8.                   Embodied carbon assessment

Prior to the commencement of the construction of any dwelling hereby permitted, a lifecycle carbon assessment, in accordance with the RICS Lifecycle Carbon Assessment Methodology (Second Edition) shall be submitted to and approved in writing by the Local Planning Authority. This assessment shall aim to achieve the following benchmark standards:

a)                   500kgCO?/m² covering upfront emissions (modules A1 to A5), in alignment with the LETI carbon target alignment and 2020 best practice standard.

b)                   800kgCO?/m² covering lifecycle emissions (upfront modules A-5, in-use modules B1-B5, and end-of-life modules C1 – C4, in alignment with a “C” emissions rating under the LETI carbon target alignment standard).

NOTE: The applicant is encouraged to outperform these benchmarks in pursuit of the “B” rating “stretch” benchmarks defined within the Embodied Carbon Target Alignment standard. If the benchmarks cannot be achieved, the embodied carbon statement (discussed below) should provide a clear justification.

REASON: In the interest of reducing carbon emissions to comply with policies GP1 and CC2 of the emerging Teignbridge Local Plan 2020-2040.

9.                   Landscaping implementation

The approved hard and soft landscaping scheme shall be carried out strictly in accordance with the approved details submitted on the approved hard landscaping plans, soft landscaping/planting plans and boundary treatment plans and shall be completed prior to first occupation of the development, or otherwise in accordance with a timetable of implementation previously approved in writing by the Local Planning Authority.

Thereafter, following substantial completion of the development hereby permitted, all soft landscape works shall be protected, managed and maintained in accordance with the approved details and to a standard in accordance with the relevant recommendations of British standard 4428 1989 Code of Practise for general landscape operations. Soft landscape maintenance details shall include the frequency of site visits and timings of general operations such as plant inspections, weed control, watering, fertiliser application, mulching and grass cutting.

REASON: To ensure the provision, establishment, management and maintenance of landscaping in order to protect the character and appearance of the area; to ensure the well-being of any retained trees and hedges and the continuity of tree cover; and to ensure the environment of the development is improved and enhanced.

10.               Replacement planting

If within a period of ten years from the date of implementation and completion of the approved soft landscaping scheme, should any part of the soft landscaping be removed, uprooted or destroyed, or dies, or becomes, in the opinion of the Local Planning Authority seriously damaged or defective, it shall be replaced by planting as originally approved, unless the Local Planning Authority gives its written approval to any variation. This replacement planning shall be undertaken before the end of the first available planting season (October to March inclusive for bare root plants), following the removal, uprooting, destruction or death of the original trees, hedges or other planting.

REASON: To ensure the provision, establishment, management and maintenance of landscaping in order to protect the character and appearance of the area; to ensure the well-being of any retained trees and hedges and the continuity of tree cover; and to ensure the environment of the development is improved and enhanced.

11.               Surface Water Drainage implementation

Prior to first occupation of any dwelling hereby permitted in this phase of the development, or such other alternative timeframe as may previously be agreed in writing by the Local Planning Authority, the surface water drainage scheme shall have been carried out and completed in accordance with the details indicated on the approved drawings nos. ES23.051 SK-PH2-09.00 REV P3 ‘Overland Flood Exceedance Plan’, ES23.051 SK-PH2-08.00 REV P3 ‘Drainage Catchment Plan – Overall’, and ES23.051 SK-PH2-03.01 REV P9 ‘Drainage Strategy Sketch’. Thereafter the approved drainage scheme shall be retained and maintained and kept free from any blockages of silt, mud or other debris preventing the free flow of surface water throughout the approved drainage infrastructure network.

REASON: To ensure the provision and future maintenance of a satisfactory drainage infrastructure scheme to prevent unacceptable overland surface water run-off and flooding of residential property, play area, highway infrastructure and other adjoining land.

INFORMATIVE

In accordance with paragraph 39 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has negotiated amendments to the application to enable the grant of planning permission.

Further details relating to this planning application, including the approved plans and the Officer’s Report or the Committee Report, can be viewed at www.teignbridge.gov.uk/planningonline

On-Site Progress Meetings

In accordance with the express request from the Planning Committee, please note that it is intended that regular 3-monthly, on-site meetings will occur to be attended by a representative from the applicant/developer, the local ward member(s) and the relevant planning case officer. The intention would be to check up on progress, assess for accordance with the permitted plans, and to circumvent problems.

Further details relating to this planning application, including the approved plans and the Committee Report, can be viewed at www.teignbridge.gov.uk/planningonline

Environmental Impact Assessment (EIA)

These reserved matters approval is considered to be in compliance with the outline planning permission for the purposes of EIA. The need for a further environmental statement has therefore been “screened out” for this application as the proposals, with the mitigation secured by the Conditions and s106 Obligations as detailed within the outline planning permission and the conditions imposed would not give rise to any significant environmental effects within the meaning of the Environmental Impact Assessment Regulations 2017.

S106

This development is subject to a Section 106 agreement dated 17/7/2020. The agreement can be viewed under reference 19/00238/MAJ at www.teignbridge.gov.uk/planningonline

CIL Liability Notice issued

This development is liable to make contributions under the Community Infrastructure Levy regulations to provide essential local facilities to support development in the District. Details of the liability are in the officer/committee report which can be viewed at www.teignbridge.gov.uk/planningonline. A CIL liability notice will be issued shortly.

Please note that CIL paperwork needs to be completed before development commences including any demolition or penalties of 20% of the CIL amount due up to a maximum of £2,500 for commencing without submitting a valid commencement notice and/or £50 for not assuming liability will be incurred and the facility to pay in 4 instalments over 24 months will be lost. If you seeking to claim a self-build exemption do not start work until you receive your grant of exemption as this would invalidate your claim and CIL would be payable. Further information about CIL is available at www.teignbridge.gov.uk/cil

Please do not start work before your CIL paperwork is complete

The conditions attached to the outline permission, and the obligations secured under the S106 legal agreement remain applicable and in force.

The applicant has submitted a ‘Discharge of Condition’ application under reference

19/00238/COND16 that runs in parallel with this application for reserved matters approval.

The ‘Discharge of Condition’ application has provided information on ecological mitigation up-front. It is anticipated that, subject to reserved matters approval being granted by the Planning Committee, the following outline planning conditions could subsequently be discharged:

·                 Condition 13 – Arboricultural Method Statement

·                 Condition 14 – Ecological Mitigation Strategy

·                 Condition 16 – Lighting

·                 Condition 17 – CEMP

·                 Condition 18 – LEMP