Agenda item

74895: Land at Back Lane, Chulmleigh, Devon.

Outline application for the erection of 5 dwellings including access and associated works with some matters reserved (appearance, layout, scale and landscaping), Report by the Senior Planning Officer (attached).




The Committee considered a report by the Senior Planning Officer (DB) (circulated previously) in relation to planning application 74895.


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


·         The landowner was in control of when the remainder of the site would come forward for development.  The landowner had advised that there were currently no plans to come forward with the remainder of the site as the land was used for access to farm buildings.

·         The SHLAA/HELA process has allocated this site for the development of up to 20 dwellings.

·         No consultation response had been received from the Housing Enabling Team as the application was for 5 dwellings, which was below the trigger threshold for affordable housing.  However, it was assumed that there was a housing need within the parish of Chulmleigh.

·         The Devon hedge bank would be considered as part of reserved matters.

·         No indication had been provided in terms of the size of the dwellings, however it was likely to be single storey dwellings to reflect the dwellings on the opposite side of the road.

·         The same landowner owned the whole site.


In response to questions, the Service Manager (Development Management) advised the following:


·         Advised the Committee of the outcome of a Torridge District Council planning appeal in January 2022, whereby the applicant had put forward an application for 5 dwellings, where the site allocation was for 30.

·         As the application had submitted an appeal to the Planning Inspectorate for non-determination, the Committee could make a recommendation to the Planning Inspectorate that if the remainder of the site allocation came forward, which was under the same ownership, that the 5 dwellings be taken into account and the 6th dwelling would therefore be affordable.

·         As it was an allocated site, the 5 year housing land supply had less weight.

·         Officers were satisfied with the density of the site and that the remaining 15 dwellings could fit on to the rest of the allocated land. The density was reflective to density of the opposite site.  The site allocation was for up to 20 dwellings.

·         The appeal for non-determination of the application could not be withdrawn to her knowledge.


Councillor Davies addressed the Committee in his capacity as Ward Member.


In response to a question from the Committee, the Solicitor advised that the ministerial statement issued by Michael Gove, was only a statement of intent which advised that a consultation process would be undertaken and therefore the changes were only those anticipated at this time. She warned the committee against taking this statement into consideration.


RESOLVED (unanimous) that the following recommendation be submitted to the Planning Inspectorate who will make the final decision:


(a)  That the principle of development of this site and the access arrangements be accepted but the Committee would wish to seek:

a.    the removal of the reference of 5 dwellings

b.    a higher density of the site


(b)   This was due to the Committee expressing concerns regarding the application not being compliant with the requirements of paragraph 125 (c) of the National Planning Policy Framework “Making Effective Use of Land” and part 1 of Policy CHU02 as it did not consider the application to be reflective of local needs.


Supporting documents: