Agenda item

The Senior Planning Officer advised the receipt of an additional representation of objection but which raised no new issues. 

 

Public speaker, Objector – The proposal would exacerbate the current risk of flooding; homes were flooded in 2000 and 2012; the site is a flood plain, the Environment Agency monitor and maintain the culvert and screen; the site is not suitable for a soakaway; the sloping terrain would speed surface water in a down pour; the attenuation tanks need to have the capacity for extreme weather conditions; garden walls should have pipe holes to enable the continuation of surface water drainage throughout the site.

 

Public speaker, Objector – Access through Brimley Vale is unacceptable on the grounds of Highway safety, a petition of 44 addresses objecting to this has been submitted; Self Builds can be accessed through Monks Way; Brimley Vale is currently a cul-de-sac and the safety of residents, particularly young children would be put at risk; cars and property would be damaged from large construction vehicles; high levels of dust; and large vehicles would block the road.

 

Public speaker, Supporter – The site is allocated in the Local Plan as BT3; the flood risk mitigation includes a robust scheme approved by the Environment Agency, and Devon County Council and the Council’s drainage officers; the 7173 cubic metre flood storage unit would significantly decrease downstream flooding; £2,429,000 CIL funds would be available; the Highway scheme has been approved by Devon County Council; the use of Brimley Vale would be limited to the construction of the self-build units to enable the plots to come forward  and not have to be delayed until the internal road off Monks Way has been constructed.

 

Comments from Members of the Committee included: there is a lack of general infrastructure in the town for this development; the speed along Monks Ways, currently 60 mph would be reduced to 40 mph but this should be reduced further; the use of Brimley Vale for the construction of self-build units should be limited; the play area is too close to the attenuation equipment and is likely to be more at risk of flooding; the area for industrial units should be converted to SANGS and not additional housing if marketing proves there is no demand for units in that location; utilities infrastructure is already at its potential without the additional housing; the primary school is already not large enough and many children travel to schools outside the town; the GP surgery is full; the inadequate infrastructure should be addressed prior to development; it would be a long time before CIL funds would start to address the issue; and the current flooding problems would be exacerbated.

 

The Business Manager emphasised that the site was allocated in the Local Plan, there are no issues with the highways and drainage schemes; the development would provide affordable housing and custom build plots; nearly £2.5 million would be provided through CIL; when the internal road is constructed the Brimley Vale access would be closed off to all but emergency vehicles; and the scheme is in accordance with policies of the Local Plan and Development Framework Plan.

 

Further comments from Members included: the highway speed along Monks Way should be further reduced from 40 mph; all access to the site should be through Monks Way and not Brimley Vale; and who would be responsible for the maintenance of the attenuation tank.

 

In response the Senior Planning Officer reported that maintenance and management of the attenuation tank would be subject to condition, and drew Members attention to the further conditions recommended in the updates sheet.

 

It was proposed by Councillor Bullivant, seconded by Councillor Kerswell and

 

Resolved

 

Subject to:

1. The completion of an Appropriate Assessment and agreement (in consultation with Natural England) on mitigating measures to off-set any identified adverse impact upon biodiversity to be reflected in appropriately worded conditions in addition to those set out below;

 

And subject to the applicant entering into a Section 106 Agreement to secure:

·         Delivery of a controlled crossing, footpath, and introduction of a 40 m.p.h. speed limit on Monks Way;

·         Delivery of Affordable Housing to meet local needs at 30% with a tenure mix of 70:30 rented (subject to a reduction in quantum according to provision of wheelchair accessible dwellings, Part M4(3))

·         £75,382 (or other such amount agreed with Devon County Council) towards secondary school transport;

·         12 Custom Build Plots and marketing strategy;

·         Provision of serviced employment site comprising a minimum of 3,500m² of gross floor space and agreement of marketing strategy for the site;

·         Travel Packs (including £300 sustainable travel voucher) provided prior to first occupation of each dwelling and employment building;

 

The Business Manager be authorised to grant planning permission subject to the following conditions, (unless additional information is submitted prior to the decision which addresses the requirements of the conditions/and in addition, any other conditions which may be considered necessary under 1-2 above):

 

To apply to the outline consent (Custom Build/Employment) only

1. Submission of a reserved matters application within 5 years for Custom Build Plots/ 7 years for the employment building.

2. Development shall commence before the expiry of 2 years from the date of final approval of reserved matters.

3. Submission of a Design Code (in respect of the Custom Build Dwellings) to be approved by the Local Planning Authority prior to submission of first reserved matters relating to custom build plots.

4. A noise assessment to be submitted as part of the Reserved Matters application for the employment site.

 

To apply to the full planning permission

1. Development to be commenced before the expiry of three years.

2. Implementation of a programme of archaeological work and palaeo-environmental investigation and analysis in accordance with a written scheme of investigation which shall be submitted to and approved by the Local Planning Authority.

3. Details of equipment and future maintenance/management strategy for the Public Open Space and formal play areas to be submitted and approved by the Local Planning Authority (to include details of remediation following any greater return flood event).

4. Detailed design of the bridge crossing of Challabrook Stream to be submitted to and approved in writing by the Local Planning Authority.

5. Notwithstanding the approved plans, details of the substation building shall be submitted to and approved by the Local Planning Authority.

6. New trees shall not be planted until written approval has been obtained by the Council that they meet British Standards.

7. Tree protection fencing shall be erected around trees to be retained, in accordance with plans to be approved.

8. No materials shall be brought onto site until a programme of arboricultural supervision is agreed.

9. Details/samples of external surfacing materials/hard landscaping shall be submitted to and approved by the Local Planning Authority.

10. Notwithstanding the submitted plans, architectural detailing of the proposed dwellings shall be submitted to and approved by the Local Planning Authority.

11. Notwithstanding the submitted plans, samples and/or details of the materials to be used on the external surfaces of the dwellings shall be submitted to and approved by the Local Planning Authority.

12. Notwithstanding the submitted plans, details of boundary treatments shall be submitted to and approved by the Local Planning Authority.

13. Details of external lighting to be submitted to and approved in writing by the Local Planning Authority.

14. Highways details to be submitted to and approved in writing by the Local Planning Authority.

 

To apply to both the outline (custom Build/Employment) and the full

15. Development to be carried out in accordance with the approved plans;

16. Phasing plan/details to be submitted (to include construction access, estate roads, drainage works and landscaping);

17. Restriction on hours of works generating significant noise and deliveries to the site;

18. Development to be carried out in accordance with Construction Impact Assessment;

19. Waste removed from the site by alternative means other than burning;

20. Details of security lighting during the construction period to be submitted to and approved;

21. Construction Management Plan (CMP) to be submitted to and approved by the Local Planning Authority.

22. Off-site highways works shall take place prior to commencement on site.

23. The Brimley Vale access shall be bollarded and used as an emergency access only and not used for construction vehicles.

24. Detailed drainage design for the permanent surface water management drainage system to be submitted to and approved by the Local Planning Authority.

25. Detailed drainage design for the construction phase surface water management drainage system to be submitted to and approved by the Local Planning Authority.

26. Full adoption and management details to be submitted to and approved by the Local Planning Authority.

27. The development shall be carried out in accordance with the submitted Flood Risk Assessment (FRA) (AWP, Revision E, July 2018), including the following details:

(a) The culverts crossing Challabrook Stream (main river designation ‘Avenue Stream’) and Five Wyches Brook, together with associated earthworks, shall be installed according to the dimensions and levels shown on approved drawings 0264-PDL-303-Rev H (Proposed Stream Culverts) and 0624-SK-301 Rev A (Five Wyches & Challabrook Stream Culvert Sections).

(b) The channel modifications to both the Avenue Stream and Five Wyches Brook shall be carried out in accordance with approved drawings PDL-301 Rev D (Preliminary Stream Improvements), 0264-PDL-302 Rev A (Typical Stream Improvement Sections), 0264-PDL-303-Rev H (Proposed Stream Culverts) and 0624-SK-301 Rev A (Five Wyches & Challabrook Stream Culvert Sections).

(c) The detention basins, the flood storage bund between Five Wyches Brook and Blenheim Terrace, and the flood storage bund between the site and Monks Way (A382), which provide compensatory and additional flood storage, shall be carried out in accordance with approved drawings PDL-101 Rev H (Flood Compensation Storage Plan) and RC-101 Rev E (Detention Basin Sections). The bund between Five Wyches Brook and Blenheim Terrace shall have a crest level set at 33.8mAOD; the bund alongside Monks Way shall have a crest level set at 33.6mAOD (in accordance with the above listed plans). While the detention basins within the northern and southern catchments will include 300mm freeboard, the central detention basins will include 400mm freeboard in order to maintain the agreed capacity of the floodstorage area at 7173m3. The capacity of the flood storage area must in no way be compromised either by the final design of the surface water drainage system for this development or any future development to the west of this site.

(d) Finished floor levels of the dwellings shall be set in accordance with levels shown on drawing 0264-PDL-201 REV H.

(e) The finished road levels within the development, and the maximum level of the footway on the exceedance flow route across the road adjacent to the Challabrook Stream (main river designation ‘Avenue Stream’) culvert, shall be set according to the levels and locations shown on approved drawing 0264-PDL-303-Rev H (Proposed Stream Culverts).

(f) The parapets on the roads above each culvert shall be of open design.

(g) The tributary of Five Wyches Brook shall be culverted with a minimum 450mm diameter pipe, as shown on drawing 0264-PDL-303-Rev H (Proposed Stream Culverts).

(h) The flood storage bund and detention basins shall be built in the first phase of the development.

(i) Any level design within the residential and commercial development areas should minimise the extent of any reprofiling works and retain existing catchment areas wherever possible.

(j) Prior to construction of the footbridge across Challabrook Stream (main river designation ‘Avenue Stream’) near the downstream extent of the site, detailed drawings regarding the design and precise location of the footbridge (which must be positioned to allow sufficient space for any future maintenance or upgrade works to the culvert beneath Monks Way(A382)) must be submitted to and approved by Teignbridge District Council.

 

(9 votes for and 7 against)