Decisions

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)

It was proposed by Councillor Keeling and seconded by Councillor J Petherick and

 

Resolved

 

Decision be deferred pending a Member’s Site Inspection.

(16 in favour, 2 against, and 1 abstention)

It was proposed by Councillor Austen and seconded by Councillor Macgregor and

 

Resolved

 

Permission be granted subject to the following conditions:

1. Standard time limit

2. Works in accordance with approved plans

3. Works carried out in accordance with the tree protection details and measures

4. Garage to be ancillary to the main dwelling

(18 in favour and 0 against)

 

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

 

Proposed

 

Permission be granted subject to the following conditions:

1. 3 year time limit condition

2. Compliance with the approved plans/documents

3. Prior to commencement of development details of fuel tanks and decommissioning methodology to remediate the land be submitted to and approved in writing by the Local Planning Authority (Agreed 18th November 2019)

4. Prior to the commencement of development, a Construction Environmental

Management Plan (CEMP) will have been submitted to and approved in writing by the Local Planning Authority. (Agreed 1st November 2019)

5. Any plant (including ventilation, refrigeration and air conditioning units) or ducting system permission shall be so installed prior to the first use of the premises and be so retained and operated that the noise generated at the boundary of the nearest neighbouring property shall not exceed 5db below the background noise level at the time of operation. Details of the scheme to demonstrate the above shall accord with the noise survey method British Standard: BS 4142:2014 and shall be submitted to and approved in writing by, the Local Planning Authority prior to the commencement of development (agreed 1st November 2019)

6. No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the Local Planning Authority (Agreed 20th December 2019)

7. No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to, and approved in writing by, the Local Planning Authority (Agreed 20th December 2019)

8. The site as a whole shall be considered as a sui generis / mixed use site.

Notwithstanding the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) (England) Order 2015, or any Orders revoking or re-enacting these Orders, the use of the new building, hereby permitted, shall be limited to use class A1 (shops) for the sale of convenience goods only and the sales area shall be limited to the floor space as shown on drawing number 19837/202c (204.2 sq m).

9. No development shall take place above damp proof course level until samples of the materials to be used in all external surfaces of the building have first been submitted to and approved in writing by the Local Planning Authority.

10. No development shall take place above damp proof course level until such time as a detailed external lighting scheme for the development (including lighting to the store and within the car park and servicing areas), together with a timetable for its provision, has first been submitted to and approved in writing by the Local Planning Authority.

11. No deliveries shall be taken or dispatched from the site except between the hours of 8.00 am and 7.00 pm, other than those delivering newspapers.

12. The convenience store, hereby permitted, shall not be brought into use until such time as a delivery management plan (which shall include, but not be limited to, details of the means of ensuring vehicle engines are not left running at the time of deliveries and that vehicle reversing alarms are turned off).

13. The uses at the site shall only be open between the hours of:

a) Convenience store: 7.00 am and 11.00pm on any given day.

b) Car valeting: Monday to Friday: 9am and 5pm, Saturday 9am and 4pm, and Sunday and bank holidays 9am and 4pm.

c) Car servicing garage: Monday to Friday 8am and 5pm, Saturday 8am and 4pm and not at all on Sundays and Bank Holidays

14. The site access and parking arrangements shall be constructed, laid out and maintained thereafter in accordance with the details on drawing number

19837/203H

15. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for an investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

16. Prior to first use of the new building hereby approved the cycle stands shall be provided and available use and shall be retained thereafter.

(17 in favour, 0 against, and 1 abstention)

It was proposed by Councillor Nutley and seconded by Councillor Keeling and

 

Resolved

 

Listed Building Consent be granted subject to the following conditions:

1. Time limit for implementation (3 years);

2. To be built in accordance with approved plans;

3. Prior to the commencement of works a full mortar specification shall be submitted to and approved in writing by the Local Planning Authority;

4. Prior to its first use on site, a stone sample must be submitted to and approved in writing by the Local Planning Authority;

5. Prior to the building reaching DPC level, full details and or samples/colour scheme of the materials to be used on the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority;

6. Prior to their installation on the building hereby permitted, sections and elevations (at scale 1:20) of the following building details shall be submitted to and approved in writing by the Local Planning Authority:

 Doors

 Windows, including cills

 Gates and threshold

 Timber lintels

 Loggia

The building details shall be installed in accordance with the approved drawings.

(12 in favour, 6 against, and 1 abstention)

It was proposed by Nutley and seconded by Keeling and

 

Resolved

 

Permission be granted subject to conditions:

1. Time limit for implementation (3 years);

2. To be built in accordance with approved plans;

3. The building hereby approved shall be occupied for holiday purposes only and shall not be occupied as a person’s sole or main place of residence. A register of occupants shall be maintained;

4. No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the Local Planning Authority;

5. Prior to commencement of development, a Construction Management Plan shall be submitted and approved in writing by the Local Planning Authority;

6. Prior to commencement including site clearance, a Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the local planning authority;

7. Prior to the commencement of works a full mortar specification shall be submitted to and approved in writing by the Local Planning Authority;

8. Prior to its first use on site, a stone sample must be submitted to and approved in writing by the Local Planning Authority;

9. Prior to the building reaching DPC level, full details and or samples/colour

scheme of the materials to be used on the external surfaces of the development hereby permitted shall be submitted to and approved in writing by the Local Planning Authority;

10. Prior to their installation on site, a sample of the stepping stones to be used in the private garden of the holiday accommodation and details of the material to be used for the hardstanding parking areas shall be submitted to and approved in writing by the Local Planning Authority;

11. Prior to their installation on the building hereby permitted, sections and elevations (at scale 1:20) of the following building details shall be submitted to and approved in writing by the Local Planning Authority:

·    Doors

·    Windows, including sills

·    Gates and threshold

·    Timber lintels

·    Loggia

The building details shall be installed in accordance with the approved drawings;

12. No external lighting shall be installed on, or in association with, the new building, unless otherwise agreed in writing by the planning authority.

(10 in favour, 7 against, 1 abstention)

The Committee noted appeal decisions made by the Planning Inspectorate.