Agenda and minutes

Apologies for absence were received from Councillors Chesters and Crabb. Councillor Biederman was appointed as a substitute for Councillor Mackie and Councillor Walker was appointed as a substitute for Councillor Davies.

The Senior Corporate and Community Services Officer advised the Committee that Councillor Prowse would be late arriving at the meeting.

RESOLVED that the minutes of the meeting held on 13 July 2022 (circulated previously) be approved as a correct record and signed by the Chair.

(a)   Planning Committee Site inspections – 31 August 2022

The Chair reminded Members that Planning Committee site inspections had been arranged to take place on 31 August 2022.

(Please complete the form provided at the meeting or telephone the Corporate and Community Services Team to prepare a form for your signature before the meeting.  Items must be re-declared when the item is called, and Councillors must leave the room if necessary)

The following declarations of interest were announced:

Councillor Leaver – Planning application 76629: Personal interest as the Devon County Councillor for land immediately adjacent to the access to the site.

Councillor Mack – Planning application 66229: Disclosable Pecuniary Interest as the employer produced the ecology report.

Councillor Tucker – Planning application 73208: Disclosable Pecuniary Interest as the applicant was a near neighbour and personal friend.

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 Residential Development & Extra Care Housing (Up To 41 Residential Units and Up To 63 Sheltered/Extra Care Housing Flats) (With Some Matters Reserved) (Amended Indicative layout plan, amended ground floor plan and site plan and first and second floor for extra care housing and additional information, amended description)(Amended Flood Risk Assessment and plan). Report by the Senior Planning Officer (attached).

Councillor Prowse arrived at the meeting

Councillor Mack declared a disclosable pecuniary interest and left the room during the consideration thereof.

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

RESOLVED that it being 1.00 p.m. the meeting continue in order for the remaining business to be transacted.

Maurice Brailey (objector), Mr T Brailey (objector), Mr Boyle (objector) and Mrs Boyle (objector) addressed the Committee.

The Senior Corporate and Community Services Officer read a statement from Mr and Mrs Jackson (objectors) to the Committee.

Councillor Knight, Ward Member, addressed the Committee.

Councillor Lofthouse, Ward Member, addressed the Committee.

In response to questions, the Senior Planning Officer (SM) advised the following:

·       It was not standard practice to write to everyone who had submitted a letter of objection.

·       In terms of property litigation any concerned party would need to demonstrate and provide evidence. Devon County Council had provided the LPA with a copy of the transfer of land. There was no reference in this document that the site should be used for a school.

·       Deeds and covenants were not a material consideration.

·       Landscaping would form part of the reserved matters application.

·       There were two access points to the site.  The layout on the site was not fixed at this stage as it was an outline application.

·       A South West Water advisory had been imposed (proposed informative no. 4, page 271 of the report.

·       Proposed condition 41 addressed the issue of loss of light. A detailed Landscape and Environmental Management Plan would be a condition and submitted as part of the reserved matters application.   Layout of the site would also form part of the reserved matters application.

·       An informative note was included in relation to designing out crime prevention.

·       The comments made by the Highways Officer were detailed within the report.

·       Officers could request a climate impact assessment to be provided at the reserved matters stage.

·       The layout was not fixed and therefore a green buffer along the north of the site could be pursued as a reserved matter.  The configuration of windows and balconies were not fixed and would be considered as a reserved matter.

·       Extra care housing tended to be for older people, however the accommodation would be for people with differing needs.

·       Discussions had taken place with the Highways Officer regarding traffic generation who had advised that there was negligible difference between the traffic generation created for the residential development and extra care housing. Therefore if the layout of the site was reversed, this would not result in an increase in traffic generation.

·       A needs analysis had been undertaken which concluded that there was an ageing population who required specialist care. The design would need to be considered as a reserved matter. Section 106 contributions would be sought for the provision of the care package and qualifying person.

Paul Young, Highways Officer, Devon County Council addressed the Committee.  He advised that the application had been submitted 3 years ago. A transport assessment had been carried out during  ...  view the full minutes text for item 53.

It is recommended that the meeting be adjourned for 30 minutes to enable a lunch break to take place.  

RESOLVED that it being 2.15 pm the meeting be adjourned to enable a lunch break to be taken and be reconvened at 2.45 pm.

Outline application for demolition of Prospect House and erection of 17 dwelling and access (all other matters reserved). Report by the Senior Planning Officer (attached).

Councillor Mack returned to the meeting.  Councillor L. Spear left the meeting.

The Committee considered a report by the Senior Planning Officer (SM) (circulated previously).

Matt Steart (agent) confirmed that he did not wish to address the Committee.

The Senior Planning Officer advised the Committee of the receipt of a further letter of objection which contained no new material.

RESOLVED (9 for, 0 against, 1 abstained) that the application be APPROVED as recommended by the Senior Planning Officer subject to the section 106 contributions being amended to secure 1% for Biodiversity Net Gains and the remaining monies being apportioned back to the public open space.

Demolition of an existing agricultural building and erection of 4 no. two storey houses with amenity space, car parking and landscaping. Report by the Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (SM) (circulated previously).

The Senior Planning Officer reported the receipt of two further consultation responses received since the publication of the agenda from the Open Space Officer.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer.

Variation of condition 1 (approved plans) and 2 (materials) attached to planning permission 74789 (Variation of condition 7 (access improvement works) attached to planning permission 73430 (Variation of conditions 2 (approved plans) 3 (access improvements) and 4 (Materials) attached to planning permission 65957 (erection of two dwellings (amended access details to those approved by planning permission 64024) to allow amended house design) to allow rewording of condition to 'prior to occupation') in respect of change to external material finish from render and stone to render with brick plinth and the addition of PV panels (amended description, plans). Report by the Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (SM) (circulated previously).

The Senior Planning Officer advised of the receipt of an email from the agent dated 3 August 2022 stating that the roof materials had been listed incorrectly.  A revised plan had now been submitted and it was recommended that the proposed condition 1 be amended to reflect the new plans received.

Matt Steart (agent) confirmed that he did not wish to address the Committee.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer subject to condition 1 being amended to reflect the new plans received.

Outline application for the erection of 2 dwellings, some matters reserved (appearance, landscaping and scale) (amended plan, documents and description). Report by the Senior Planning Officer (attached).

Councillor Tucker declared a disclosable pecuniary interest and left the meeting.

Councillor Prowse declared a personal interest as the applicant was a constituent and was known to him.

The Committee considered a report by the Senior Planning Officer (RB) (circulated previously).

Matt Steart (agent) and David Lincoln (objector) addressed the Committee.

The Senior Corporate and Community Services Officer read out a statement on behalf of Samantha Hammond (objector).

Councillor Walker (in her capacity as Ward Member) addressed the Committee.

In response to questions, the Senior Planning Officer advised the following:

·       The Highways Authority had raised no objections to the application.

·       Drainage issues had been acknowledged as part of condition 16 and all matters relating to drainage would be addressed as reserved matters.

·       A construction management plan would be required as a condition and would detail all provisions relating to public amenity during the construction.

·       The Highways Authority had not recommended the reduction in speed on the highway.  This could only be included as a condition, if the Highways Authority had supported the reduction in speed.

·       In relation to drainage, Devon County Council had requested further information.  Condition 16 required the applicant to submit green run-off rates and contained mitigation measures.

·       The provision of a land drain could fit on the site, however the site was constrained and it did not form part of the application.

·       The value of the ransom strip was not a material planning consideration.

RESOLVED (6 for, 3 against, 0 abstained) that the application be APPROVED as recommended by the Senior Planning Officer.

To consider the Appeal Report by the Senior Planning Support Officer (attached).

The Committee considered and noted the appeal report by the Senior Planning Support Officer (circulated previously).