Demolition of existing buildings and erection of 16 social rented units with associated landscaping and parking. Report by the Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (SE) (circulated previously) regarding planning application 78083.

The Senior Planning Officer (SE) advised the Committee of some typographical errors contained within the report which included the following:

·       Condition 4 – be amended to also include reference to “Plots 3 and 4”.

·       Condition 5 – be amended to also include reference to “Plots 3 and 4”.

·       Conditions 13 to 18 (inclusive) – the reasons be amended to include reference to the relevant policies of the North Devon and Torridge Local Plan.

·       Condition 16 – be amended to include reference to “condition 15” and not “condition 3”.

Mark  Johnson (North Devon and Torridge Housing Crisis Group – supporting), Graham Parkhouse (objecting), Roger Derwas (objecting), Mark Read (applicant) and Matt Steart (agent) addressed the Committee.

The Senior Corporate and Community Services Officer read a statement received from Geoff Fowler (objecting) to the Committee.

In response to issues raised by the speakers, the Service Manager (Development Management) advised the following:

·       That the issue regarding a parking regulation order being imposed had been discussed with the Development Manager for Devon County Council Highways Authority, who advised that the Highways Authority would not object to the application without this being requested.  However, she advised that a section 106 contribution could be explored to ensure no parking along Furze Hill Road if it was considered to be a betterment.  A Traffic Regulation Order would need to form part of a section 106 agreement.

In response to questions raised by the Committee, the Senior Planning Officer (SE) advised the following:

·       The statement read on behalf of Geoff Fowler referred to no parking regulations on the blind bend, two corners and the pinch point along Furze Hill road and was not for the entire road.

·       Reference to the “link has been excluded” within the penultimate paragraph of the Planning Policy Unit consultee response dated 3 January 2024, referred to land ownership to gain access to Chandlers Way.

·       Biodiversity Net Gain could be met within the site, therefore there was no requirement to provide externally.  The Landscape Ecological Management Plan would ensure that Biodiversity Net Gain could be achieved within the site boundaries.

·       The Planning Obligations/Viability paragraph within the report set out contributions to be made through a section 106 agreement.

·       The National Planning Policy Framework allowed Local Planning Authorities to make a planning balance.  The delivery of 100% affordable housing provision through a Community Land Trust with the proposed mix was supported and therefore the principle was acceptable.

·       The applicant had provided a viability appraisal which stated that the development could only be delivered with grant funding support to meet the significant shortfall in costs.

·       The provision of bird and bat boxes would be provided as part of the Landscape Ecological Management Plan.

The Property Manager advised in relation to the consultee response of the Planning Policy Unit dated 3 January 2024, that the access gate to Kingsley Avenue would remain and it was a legal right of way.  It was not clear why this had been excluded from this application, however it was planned that the access route would be re-established.

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

·       The Advanced Payment code was not out of date and a private road could accommodate 16 properties.

·       The Viability Appraisal had been submitted as detailed on page 221 of the report and had been tested in accordance with paragraph 158 of the National Planning Policy Framework.  It was recommended that 100% social rent be provided.  It was unlikely that the site would come forward if section 106 contributions were required.

·       The Local Plan policies did not currently include reference to developments being net zero.  However it was anticipated that updated Building Regulations would be implemented in due course.

·       The Highways Authority had not raised an objection to the application. Section 106 contributions could be sought towards a traffic regulation order to restrict parking on the blind bend, two corners and the pinch point along Furze Hill road.

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

RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer (SE) subject to the following:

(a)  That prior to a section 106 agreement being signed, that a meeting be held between the Planning Officer, Ward Member(s) and developers regarding highway improvements;

(b)  That amendments be made to conditions as follows:

a.    Condition 4 – be amended to also include reference to “Plots 3 and 4”.

b.    Condition 5 – be amended to also include reference to “Plots 3 and 4”.

c.     Condition 7 – be amended to include the following after the wording “hereby approved”,  “(save such preliminary or minor works that the Local Planning Authority may agree in writing)”.

d.    Conditions 13 to 18 (inclusive) – the reasons be amended to include reference to the relevant policies of the North Devon and Torridge Local Plan.

e.    Condition 16 – be amended to include reference to “condition 15” and not “condition 3”.

(c)  That an additional condition be included requiring the provision of bird and bat boxes.