Issue - meetings

Outline application for the erection of up to 161 residential dwellings, involving the demolition of an existing dwelling (no.18 St Andrews Road) to create a new access onto St Andrews Road, and associated landscaping and open space with some matters reserved (appearance, landscaping, layout and scale) (amended plans). Report by the Lead Planning Officer (Majors) (attached).

The Committee considered a report by the Lead Planning Officer (Majors) (circulated previously).

The Lead Planning Officer (South) provided an update to the Committee pursuant to the deferral of the application on 13 July 2022. Further to the site inspection held on 25 May 2022, the Lead Planning Officer advised the Committee of the proposed location of the 2m acoustic fence as detailed on the plan indicated in blue.

Diane Etheridge (objector), Deborah White (objector), Patricia Ward (objector), Helen Elder (objector), Derrick Slade (objector) and Dan Yeates (agent) addressed the Committee.  Helen Elder read a statement on behalf of Mr Harpoll (objector).

The Lead Planning Officer (South) advised that a number of representations had been received since the consultation period ended on 3 August 2022.  The total number of objections received were now 191, 14 comments and a petition containing 1,401 signatures.  A consultation response had also been received from Fremington Parish Council which was read to the Committee.

In response to questions the Lead Planning Officer (South) advised the following:

·       The cross section plan showed the alignment of the site access and the proposed levels at the give way point on the junction. The plan showed the levels of the road approaching St Andrews Road. The plan demonstrated that the light impact would be at the same level and that there were no indentations in the road.

·       Read policy DM01 “Amenity Considerations” and the supporting text and policy DMO2 “Environment Protection Policy” to the Committee.

·       Light spill into a property was a material consideration, however this needed to be balanced along with the other matters identified. The Environmental Health Officer had not raised a specific objection to the light spill into a particular property.  The Council’s own advisors did not consider there was a significant impact to refuse the application.

·       The Levelling Up Bill had not yet been enacted and was therefore not a material consideration.  In terms of decision making, the start point for passing any application was the statutory development plan;  the adopted Joint Local Plan and the National Planning Policy Framework (NPPF) was a material consideration.

·       Information relating to the distance to the changing facilities had been provided following a request at the site inspection.  Generally people would chose to walk the shortest distance to shops and facilities.

·       No alternative vehicle access to the site had been provided by the applicant.

·       Reference was made to place making and residential amenity within policies DM01 and DM02 of the Joint Local Plan.  Paragraph 130 of the NPPF also referred to achieving well designed places.  Paragraph  185 of the NPPF referred to noise.

·       The plan submitted for the acoustic boundary fences identified that the land was within the ownership of the applicant which was required to enable the Planning Authority to apply conditions.  There was approximately 1 – 1.2m walkway between the fences and habitable rooms of 16 and  20 St Andrews Road.

·       The noise acoustic boundary fences demonstrated attenuating sound to a certain point which the Environmental Health  ...  view the full minutes text for item 52

Outline application for the erection of up to 161 residential dwellings, involving the demolition of an existing dwelling (no.18 St Andrews Road) to create a new access onto St Andrews Road, and associated landscaping and open space with some matters reserved (appearance, landscaping, layout and scale) (amended plans). Report by the Lead Officer (South) (attached).

The Committee considered a report by the Lead Officer (South) (circulated previously).

The Lead Officer (South) addressed the Committee.

She reconfirmed the information in her update in that the planning application could not be presented for consideration at Committee today (13 July 2022) as she was waiting to receive a report from the LPA’s Consultant Environmental Health officer addressing the issues regarding potentially unacceptable noise levels at existing residential dwellings in St Peters Road.  She confirmed that the report was expected within the next few days.

Outline application for the erection of up to 161 residential dwellings, involving the demolition of an existing dwelling (no.18 St Andrews Road) to create a new access onto St Andrews Road, and associated landscaping and open space with some matters reserved (appearance, landscaping, layout and scale) (amended plans). Report by the Lead Planning Officer (Majors) (attached).

The Committee considered a report by the Lead Planning Officer (South) (circulated previously).

The Lead Planning Officer (South) advised the Committee of the following updates:

·       The receipt of a further 8 objections since the publication of the report, taking the total to 173.  The objections received raised no new material considerations in addition to those listed within the report.

·       Since the publication of the report, the agent had proposed some minor changes to conditions in relation to the following conditions:

o   Condition 21 to clarify by requiring the submission of a sustainable travel management

o   Condition 22 to clarify by including additional wording “within the site boundary”.

o   Condition 24 to clarify wording “but not limited to”.

o   Condition 25 – officers were in the process of considering the requirement following the outcome of the Yelland Quay Inquiry.

·       In relation to paragraph 5.3.6 in the report, there was ongoing discussion with the Sustainability Officer regarding points raised in his consultation response of the 24 March (points 1 – 4).  There were some points raised which needed to be addressed.  Two issues had been dealt with in relation to the provision of a buffer plan and provision of dark corridors and additional lighting on site. One issue could be dealt with as part of the Landscape and Ecology Management Plan. The other issue could be dealt with by requiring the developer to provide bat and trees boxes and that delegated authority would be required to resolve those issues.

·       Further to the site inspection held on 25 May 2022, photographs were shown from the northern field looking towards the green infrastructure and playing field on the site. The distance to the playing field from the changing facilities was confirmed at approximately 850-900 metres. Photographs were also shown from a wider range of views including from Higher Rookabear, from Heanton Punchardon church looking across the estuary.

·       Further to the meeting of the Committee held on 13 April 2022, further information had been sought in respect of the noise barrier.  A plan was shown detailing the proposed acoustic barrier and a photo showing acoustic fencing being used elsewhere.

·       Since publication of the report, the Environmental Health Officer had reviewed the information provided and identified an anomaly in relation to number 2 St Peters Road in that the noise level assessment appeared to above acceptable levels.  Therefore the Environmental Health Officer had raised objections to the application. This information had only been received on 7 June 2022 and there had been no opportunity for the developer and public to consider the revised representations from Environmental Health. It was therefore recommended that the application be deferred for one cycle to enable the points raised by the Environmental Health Officer in relation to noise levels to be addressed and that the application be brought back to the July 2022 meeting of the Committee for consideration.

In response to a question from Councillor Biederman (Ward Member), the Legal Executive advised that there was a risk that if the  ...  view the full minutes text for item 30