Agenda item

It was proposed by Councillor Patch and seconded by Councillor Bradford and

RESOLVED

That permission be granted subject to the following conditions:

1) 3 year time limit

2) Compliance with the approved drawings

3) Curtilage of dwellinghouse be limited to land within the redline;

4) Permitted development rights removed for extensions including roof enlargements to dwelling and for outbuildings in curtilage

5) The link between the dwelling and the land/small holding shall remain.

6) Off grid energy supply to dwelling;

7) Removal of static caravan on site once dwelling approved able to be occupied.

(10 for and 9 against)

The Committee considered the reports of the Business Manager – Strategic

Place Development Management together with comments of public speakers, additional information reported by the officers and information detailed in the late representations updates document previously circulated.

Public Speaker- Supporter: Spoke on the need to demolish the existing structure as it was dilapidated and unsafe, the new dwelling has been inspected by a Building Control Officer, environmentally friendly application with sustainable lifestyle for applicant, dwelling will be self-built, and class Qs have grey areas open for interpretation.

Comments from Councillors included: This application constitutes development in the countryside which is contrary to policy, not affordable housing and no temporary occupational need for it, contrary to: Abbotskerswell Neighbourhood Plan, policy EN-1, and erosion of Abbotskerswell and Kingskerswell settlement boundaries, opposed by Parish Council, environmental benefits, application fits with class Q description, other councils have considered similar applications, and Planning Inspectorate had allowed a similar application elsewhere.

The Site Inspection Team presented their views and comments. These included: the upcoming local plan review, positive benefits for Teignbridge, the short time span between the applicant acquiring the land and the demolition of the previous dwelling despite no evidence that it was needed and without officer approval, positive biodiversity gains, low impact dwelling, danger of setting precedent for building in the countryside, previous class Q applications on site had not been permitted, and the local plan review would have little impact on the application.

In response, the Business Manager explained that Class Q’s were converted buildings and not rebuilt buildings and so because the structure had been demolished, there was no class Q as the previous building had been demolished.

Other comments made by Councillors included: Good sustainability of new dwelling, lack of flood risk for new dwelling, the site is on brownfield land, the application should be taken on its own merit, and the land was purchased by the applicant with class Q consent in mind.

The Business Manager highlighted that the land was not Brownfield within any relevant planning definition.

It was proposed by Councillor Colclough and seconded by Councillor Keeling that permission be refused as set out in the agenda report. This was lost by 8 for and 11 against.

The Solicitor advised that if the vote went against officer recommendation then members needed to be clear on why they had departed from the local plan and also that if approval was forthcoming then conditions would be required.

Conditions for approval were suggested by the Planning Officer.

It was proposed by Councillor Patch and seconded by Councillor Bradford that the application be approved subject to conditions as outlined by the Planning Officer.

It was considered that if the application was to be approved that the application remains a small holding and the energy supply be off grid. It was agreed that these be included with the conditions.

RESOLVED

That permission be granted subject to the following conditions:

1) 3 year time limit

2) Compliance with the approved drawings

3) Curtilage of dwellinghouse be limited to land within the redline;

4) Permitted development rights removed for extensions including roof enlargements to dwelling and for outbuildings in curtilage

5) The link between the dwelling and the land/small holding shall remain.

6) Off grid energy supply to dwelling;

7) Removal of static caravan on site once dwelling approved able to be occupied.

(10 for and 9 against)

Note: The refusal of this application was contrary to advice detailed in the agenda report. The Committee considered that the application was unacceptable for the reasons listed above and below.

Statement of reasons:

The decision to approve the application was against officer recommendation. The Committee considered the application acceptable for the following reasons; the perceived benefits of a sustainable dwelling with a positive biodiversity impact, and approval of other class Q dwellings nearby, subject to the link between the dwelling and the land/small holding, and the dwelling being fully sustainable with off grid energy.