Agenda item

21/01790/FUL Mistleigh Copse Cabin, Teign Valley

Minutes:

The Business Manager presented the application to the committee.

 

Public Speaker, Supporter – Spoke on:

·         Personal circumstances related to the application

·         Low environmental impact of application

·         Use of solar panelling

·         No complaints from neighbours

 

Comments from Councillors included

·         1000 families on housing waiting list already

·         Applicant would like to be able to stay in Teignmouth

·         Other temporary accommodation wouldn’t work

·         What conditions could be considered for approval?

·         Enforcement period should be increased to 18 months

·         Objection from Parish Council

·         Dwelling was built 18 months ago, before permission was received

·         Structure is not a proper dwelling

·         Retrospective permission shouldn’t be encouraged

 

The Business Manager informed the committee that the dwelling fails multiple safety checks, and that the CIL generated from this application would add up to £8000. She also informed the committee on the appeal and compliance periods.

 

It was proposed by Councillor Goodman-Bradbury and seconded by Councillor Nutley that permission be refused for the reasons set out in the report, and

 

Resolved

 

That permission be refused for the following reasons

:

1.    The proposals set out a scheme for the retention of a building and for its continued use as a dwelling house. The site lies within the open countryside beyond and removed from any defined settlement as set out in the Teignbridge Local Plan 2013 – 2033. In the absence of any overriding planning justification it is considered that the proposals fail to accord with policies S1A, S1 and S22 of the Teignbridge Local Plan 2013 – 2033, and the guidance set out in the National Planning Policy Framework and the National Planning Practice Guidance.

2.    The site lies within a designated Landscape Connectivity Zone associated with Greater Horseshoe Bats from the South Hams SAC. In the absence of any supporting Ecological Survey work it has not been demonstrated that the proposals would not have a detrimental impact on Greater Horse Shoe Bats and/or other biodiversity within this location nor has an appropriate scheme of mitigation and net gain been set out. As such the proposals are contrary to policies S1, S22, EN8 and EN11 of the Teignbridge Local Plan 2013 – 2033 and the guidance set out in the National Planning Policy Framework and the National Planning Practice Guidance.

3.    The application site lies within the open countryside in an Area of Great Landscape Value. The proposals see the domestication of an arear of woodland / scrubland, through the introduction of access tracks, parking areas, a building and associated domestic paraphernalia surrounding the building to the detriment of the character and appearance of this area. The proposals do not accord with policies S1, S2 and EN2A of the Teignbridge Local Plan 2013 – 2033 which aims to conserve and enhance the qualities of such designated areas nor the guidance set out in the National Planning Policy Framework and the National Planning Practice Guidance.

4.    Insufficient information has been provided to demonstrate that surface and foul water generated from the site is handled appropriately and without detriment to the wider area, this is particularly important given the topography of the site and the proximity to the Shippen Brook. As such it is contrary to policy EN4 of the Teignbridge Local Plan 2013 – 2033 and to the guidance set out in the National Planning Policy Framework and the National Planning Practice Guidance.

 

AND

 

5.    Authority to take relevant enforcement action in relation to the use of the building be granted.

Supporting documents: