Agenda item

NEWTON ABBOT/ABBOTSKERSWELL - 19/00238/MAJ- Langford Bridge Farm - Hybrid planning application

Decision:

It was proposed by Councillor Haines and seconded by Councillor Bullivant and

 

Resolved

 

Permission be granted subject to the following conditions:

A) The Applicant entering into a prior Section 106 Agreement to secure:

Affordable Housing 20%, split 70% affordable rent; 30% for sale); Affordable Housing transferred at 50% occupation of dwellings per development phase; 100% of Affordable Housing transferred at 75% occupation per development phase; 5% to be wheelchair accessible; 20% of the Affordable housing would be required to be delivered to step free (accessible/adaptable Part M4 L2) specification. Dwelling should be tenure blind and spread throughout the development; Affordable housing mix to meet housing need and agreed prior to the submission of each phase;

Provision of 5% custom build dwellings

Provision of GI/Provision of open space (children’s play spaces, formal parks and gardens, playing pitches, natural green space) and its management; Allotments to be provided onsite or contribution taken should the western side of NA3 not be brought forward;

Playing pitch contribution of £291,474. Plus a future maintenance contribution over

20 years along with a Sinking Fund;

Cirl Bunting contribution - £148,386.00

Safeguarded site for a 1FE primary school

Safeguarded land for two-way vehicular bridge to east of Langford Bridge

Safeguarded land for / marketing and delivery of a 279sqm community building for

Use Classes A1, A2, A3, D1 and D2

Travel Plan as set out in the accompanying Residential Travel Plan - £100 per dwelling;

Bus Contribution - £219,510.00 (£73170 per year for three years);

Toucan Crossing along with a commuted sum;

Shared cycle and pedestrian route to the Town centre - £200,000;

Delivery of the link road to the boundary;

Air Quality Management Area (AQMA), a contribution towards mitigation - £100 per dwelling if a fully costed project is identified;

Delivery of the link road to the boundary with the landowner to the west. Provisions for the transfer of land parcels at the north-west corner of the site to Teignbridge District Council to unlock delivery of the TDC land for provision of the link road and employment/education land;

200k contribution for a cycle route towards the town centre;

Provision of cycle path extension along Decoy Industrial Estate;

Employment site to cascade down to education if employment not viable.

 

PLANNING PERMISSION BE GRANTED subject to Conditions addressing, as a minimum, the following matters as well as any additional material matters arising from the receipt of further consultation responses, with the final drafting of conditions, their number, content and triggers to be delegated to the Business Manager – Strategic Place:

 

Full planning permission (link road and vehicular access points)

 

Development shall commence within 3 years of the date of this permission;

Development to proceed in accordance with the approved plans/documents;

Surface water details;

Link road gateway scheme to provide high quality design;

Hard surfacing to include detailed design of the footways/cycle path as well as other hard surfaces;

Soft landscaping details including tree lined avenue details within verges either side of highway;

Full highway engineering details;

Lighting strategy;

Construction Environmental Management Plan (CEMP) – Biodiversity and

Construction;

Landscape & Ecology Management Plan (LEMP);

Contaminated Land and Unsuspected Contamination;

Programme of archaeological work in accordance with a written scheme of investigation.

Outline planning permission / whole site as appropriate

Submission of reserved matters (Access, scale, appearance, landscaping and layout);

Reserved matters for first phase in no less than 3 years, all other reserved matters to be submitted within 10 years;

Development of each phase shall be begun before the expiry of 2 years from the date of approval of the final reserved matters for that phase;

All reserved matters shall be made within 10 years of the date of permission;

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

Submission of phasing plan prior to reserved matters;

Limit on employment use – 22,000sqm B&C; B2 or B8; B1a up to 8,100sqm;

Removal of PD Rights for conversion to residential;

Prior to any RM a design code to be submitted and approved for all phases;

Existing and proposed ground levels plan;

Scheme of security measures – secured by design;

Site wide housing mix strategy;

Travel Plan;

Access, circulation and green space strategy;

Carbon reduction plan;

Electric vehicle charging facilities;

Written scheme of archaeology;

Retention of the cob barn at Langford Bridge Farm;

Surface water drainage scheme for each phase to be submitted prior to commencement of that phase;

Arboricultural Impact Assessment;

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Measure to avoid/mitigate/compensate impacts on biodiversity in accordance with

Appendix Biodiversity Section 9.5 of the ES;

Bespoke Greater Horseshoe Bat Mitigation Plan;

Detail of bespoke greater horseshoe bat roost;

Control of External Light Spill to maintain dark areas on Site and in surrounding areas;

Construction Environmental Management Plan - Biodiversity

Landscape and Ecology Implementation and Management Plan (LEMP) to be submitted to and approved for each phase prior to commencement of that phase;

Ecological monitoring to provide early warning of threats to bat habitat and commuting routes;

Removal of permitted development rights for wind turbines;

Submission of Scheme, Implementation, Verification, Reporting Unexpected

Contamination;

Construction Environmental Management Plan – CEMP: Construction;

All reserved matters applications shall be accompanied by a report clearly demonstrating the methods to be employed to stop noise, vibration and odour

Prior to commencement of the construction works, details of a lighting report and impact strategy shall be submitted;

No occupation of any dwelling in a phase until foul sewage disposal is provided in accordance with details first approved;

Notwithstanding the submitted parameter plans development will be located and designed to protect the residential amenity of Langford Bridge House and Langford Bridge Farm.

(11 in favour, 4 against, and 2 abstentions)

Minutes:

The Principal Planning Officer referred to the late reps document, previously circulated and advised that 34 representations had been received since but these did not include any additional material planning considerations. He also advised that: Members had directly received a number of additional representations from interested parties; the Council had also received additional representations from CPRE and in regards to land to the south of the site. The main issues raised cover the following:

 

Uncertainty of link road delivery; prematurity/ lack of adopted DPD; insufficient community engagement; risk to GHB and integrity of SAC; TDC has 5 year land supply; carbon emissions; £100 per dwelling for air quality emissions; geology/hydrology & fen; habitat regulation appropriate assessment should be consulted on, and climate change.

 

Most of these matters had been addressed in the committee report and late sheet however some points required clarification:

·         As regards to the Appropriate Assessment, there is no requirement or duty to consult the public on this type of document. As the decision maker, the Local Planning Authority had consulted with the government’s statutory advisor (Natural England) who agree with the recommendation made by the Council.

·         As regards to air quality, there was not a scheme for the £100 per dwelling but this would form part of the Section 106.  The Kingskerswell Air Quality Management Area (AQMA) is about to be revoked therefore the £100 contribution may not be required. The EHO comments require a contribution if AQMA still present. A revised Air Quality Action Plan is currently being completed which will identify a number of measures and projects.

·         As regards to queries regarding DCC’s comments and the greenhouse gas assessment (GHGA), this has been dealt with under September ES addendum. The GHGA is related to the Environmental Survey (ES) and is separate to the submitted Carbon Reduction Plan, required by policy, which demonstrates that the scheme can meet the 48% reduction in carbon emissions.  

 

The Principal Planning Officer added that since the publication of the late update sheet:

·         Additional details and a plan have been submitted by the applicant which demonstrate that the site can accommodate the amount of Public Open Space as outlined within the report, including the correct catchments and buffer zones, and this is acceptable.

·         With regards to surface water drainage the Lead Flood Authority (LFA) have removed their objection, subject to a pre-commencement condition related to the detailed part of the application and conditions related to the outline.

 

[Added by Committee 18 February, 2020 - In accordance with procedure, the objectors below were offered, and accepted the opportunity to address the meeting following the withdrawal, the day of the meeting of the objectors who were listed to speak. At least one of the objectors who withdrew had previously submitted an objection to the application].

 

Public Speaker, Objector- Spoke on the environmental advice given by a senior expert ecologist, the proposal would be detrimental to the established wildflowers on the site, the detrimental effect on soil, there would be a 30 percent decrease in biodiversity, detrimental to the protected bats, the proposed 20 meter bat corridor was inadequate, Bat Mitigation proposal was insufficient, and the lighting resulting from the proposal would be detrimental to the protected bats.

 

Public Speaker, Objector- Spoke on the application being premature pending the local plan review, air pollution would be significant from the proposal, impact on climate change, and EU regulations.

 

Public Speaker, Supporter- Compliant with the adopted local plan and all policies, economic benefits for Teignbridge due to enhanced local spending, land safeguarded for a second bridge crossing, support from Natural England who have agreed the Appropriate Assessment, compliant with the Carbon Reduction Policy, the creation new jobs for residents, and the Section 106 agreement has been negotiated.

 

Comments from Councillor’s include: Premature pending the DPD,  increase in traffic would have a detrimental effect on air pollution, concerns about biodiversity, detrimental to the amenities of local residents, detrimental to the protect bat species, primary school should be included, no certainty of link road, increased traffic congestion, £100 per dwelling is insufficient for air quality mitigation, impact of Brexit on EU environmental regulations, possibility of legal challenge, the Council has already met the target of 620 new homes therefore there is no need, detrimental effect on biodiversity, concerns about drainage, it is detrimental to Wolborough Fen which is a Special Scientific Site of Interest (SSSI), there should be a net environmental gain, the Council for Protection of Rural England (CPRE) has concerns, and reference made to Lord Underhill’s ruling.

 

In response to comments from members, the Business Manager, Strategic Place advised that the Section 106 agreement included mitigating action in relation to air quality and the protected bat specifies. [Amendment approved at Committee 18 February, 2020 - The Biodiversity assessment had been approved by the South Hams SAC The appropriate Assessment concluded the proposal with mitigation had no effect on the integrity of the SAC]. The Carbon reduction plan allows for a 48 percent reduction, there is no prematurity reason to defer decision because the Inspector had advised that the DPD won’t be finished until later on this year and that applications should not be held up for this reason, and that because the application is based in UK law rather than EU law, leaving the EU will not impact the application; there is no prematurity reason to refuse the application and a decision on the application would not be unlawful. The Bat Mitigation Proposal would result in no detrimental effect on the bats.

 

The Principal Planning Officer added that the hydrology and drainage proposals would result in no detrimental effect on the SSSI. The site is lower than the Fen and so water would not drain to it.

 

The Solicitor advised on Justice Underhill’s ruling, saying that the application did not conflict with the decision of the case, [Added by Committee 18 February, 2020 and it would not be unlawful to grant planning permission]. Members should use the adopted Local Plan policies and supporting advice from Natural England to determine the application. The current review of the Local Plan isn’t a valid reason for refusal. The proposal was in accordance with the Local Plan policies and there was no reason to defer the application. The Business Manager added that housing numbers had not been met.

 

It was proposed by Councillor Wrigley that the application be refused on the grounds of insufficient mitigation for drainage, biodiversity, protection of bats, and air quality. This was seconded by Councillor Patch.

 

In response to the proposed reasons for refusal, the Principal Planning Officer advised that: Adequate comprehensive drainage proposals had been submitted and accepted and this reason for refusal could not be defended at appeal, the mitigating proposal for air quality had been accepted, the proposals include adequate mitigation for the protection of biodiversity and bats. There is no evidence to support the proposed reasons for refusal. The Business Manager added that the mitigating proposals for drainage were adequate and there was no requirement for developers to remedy existing drainage issues but the development would not make the current situation worse as a result of the proposal. Devon County Council had raised no objection in regards to highway safety. There would be an increase in traffic but not enough to have an effect on highway safety. The Chairman added that members should determine the application on planning policy and the proposals were in accordance with policy.

 

A vote on the proposal for refusal as set out above was taken and lost by 6 vote for and 11 against.

 

Councillor Patch asked that his vote for refusal be recorded and Councillor Haines asked that his vote against refusal be recorded.

 

It was proposed by Councillor Haines and seconded by Councillor Bullivant that the application be approved as set out in the report. This was carried.

 

Resolved

 

Permission be granted subject to the following conditions:

A) The Applicant entering into a prior Section 106 Agreement to secure:

·         Affordable Housing 20%, split 70% affordable rent; 30% for sale); Affordable Housing transferred at 50% occupation of dwellings per development phase; 100% of Affordable Housing transferred at 75% occupation per development phase; 5% to be wheelchair accessible; 20% of the Affordable housing would be required to be delivered to step free (accessible/adaptable Part M4 L2) specification. Dwelling should be tenure blind and spread throughout the development; Affordable housing mix to meet housing need and agreed prior to the submission of each phase;

·         Provision of 5% custom build dwellings

·         Provision of GI/Provision of open space (children’s play spaces, formal parks and gardens, playing pitches, natural green space) and its management; Allotments to be provided onsite or contribution taken should the western side of NA3 not be brought forward;

·         Playing pitch contribution of £291,474. Plus a future maintenance contribution over

·         20 years along with a Sinking Fund;

·         Cirl Bunting contribution - £148,386.00

·         Safeguarded site for a 1FE primary school

·         Safeguarded land for two-way vehicular bridge to east of Langford Bridge

·         Safeguarded land for / marketing and delivery of a 279sqm community building for Use Classes A1, A2, A3, D1 and D2

·         Travel Plan as set out in the accompanying Residential Travel Plan - £100 per dwelling;

·         Bus Contribution - £219,510.00 (£73170 per year for three years);

·         Toucan Crossing along with a commuted sum;

·         Shared cycle and pedestrian route to the Town centre - £200,000;

·         Delivery of the link road to the boundary;

·         Air Quality Management Area (AQMA), a contribution towards mitigation - £100 per dwelling if a fully costed project is identified;

·         Delivery of the link road to the boundary with the landowner to the west. Provisions for the transfer of land parcels at the north-west corner of the site to Teignbridge District Council to unlock delivery of the TDC land for provision of the link road and employment/education land;

·         200k contribution for a cycle route towards the town centre;

·         Provision of cycle path extension along Decoy Industrial Estate;

·         Employment site to cascade down to education if employment not viable.

 

PLANNING PERMISSION BE GRANTED subject to Conditions addressing, as a minimum, the following matters as well as any additional material matters arising from the receipt of further consultation responses, with the final drafting of conditions, their number, content and triggers to be delegated to the Business Manager – Strategic Place:

 

Full planning permission (link road and vehicular access points)

 

·         Development shall commence within 3 years of the date of this permission;

·         Development to proceed in accordance with the approved plans/documents;

·         Surface water details;

·         Link road gateway scheme to provide high quality design;

·         Hard surfacing to include detailed design of the footways/cycle path as well as other hard surfaces;

·         Soft landscaping details including tree lined avenue details within verges either side of highway;

·         Full highway engineering details;

·         Lighting strategy;

·         Construction Environmental Management Plan (CEMP) – Biodiversity and

·         Construction;

·         Landscape & Ecology Management Plan (LEMP);

·         Contaminated Land and Unsuspected Contamination;

·         Programme of archaeological work in accordance with a written scheme of investigation.

·         Outline planning permission / whole site as appropriate

·         Submission of reserved matters (Access, scale, appearance, landscaping and layout);

·         Reserved matters for first phase in no less than 3 years, all other reserved matters to be submitted within 10 years;

·         Development of each phase shall be begun before the expiry of 2 years from the date of approval of the final reserved matters for that phase;

·         All reserved matters shall be made within 10 years of the date of permission;

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

·         Submission of phasing plan prior to reserved matters;

·         Limit on employment use – 22,000sqm B&C; B2 or B8; B1a up to 8,100sqm;

·         Removal of PD Rights for conversion to residential;

·         Prior to any RM a design code to be submitted and approved for all phases;

·         Existing and proposed ground levels plan;

·         Scheme of security measures – secured by design;

·         Site wide housing mix strategy;

·         Travel Plan;

·         Access, circulation and green space strategy;

·         Carbon reduction plan;

·         Electric vehicle charging facilities;

·         Written scheme of archaeology;

·         Retention of the cob barn at Langford Bridge Farm;

·         Surface water drainage scheme for each phase to be submitted prior to commencement of that phase;

·         Arboricultural Impact Assessment;

·         Measure to avoid/mitigate/compensate impacts on biodiversity in accordance with

·         Appendix Biodiversity Section 9.5 of the ES;

·         Bespoke Greater Horseshoe Bat Mitigation Plan;

·         Detail of bespoke greater horseshoe bat roost;

·         Control of External Light Spill to maintain dark areas on Site and in surrounding areas;

·         Construction Environmental Management Plan - Biodiversity

·         Landscape and Ecology Implementation and Management Plan (LEMP) to be submitted to and approved for each phase prior to commencement of that phase;

·         Ecological monitoring to provide early warning of threats to bat habitat and commuting routes;

·         Removal of permitted development rights for wind turbines;

·         Submission of Scheme, Implementation, Verification, Reporting Unexpected

·         Contamination;

·         Construction Environmental Management Plan – CEMP: Construction;

·         All reserved matters applications shall be accompanied by a report clearly demonstrating the methods to be employed to stop noise, vibration and odour

·         Prior to commencement of the construction works, details of a lighting report and impact strategy shall be submitted;

·         No occupation of any dwelling in a phase until foul sewage disposal is provided in accordance with details first approved;

·         Notwithstanding the submitted parameter plans development will be located and designed to protect the residential amenity of Langford Bridge House and Langford Bridge Farm.

(11 in favour, 4 against, and 2 abstentions)

 

Note: Councillors Patch, Haines, and Bullivant asked for their individual votes to be recorded. Councillor Patch voted against the proposal, Councillor Haines voted for the proposal, and Councillor Bullivant voted for the proposal.

 

 

Supporting documents: