Change of use of vacant garage to residential dwelling with parking and landscaping. Report by Planning Officer (attached).

The Committee considered a report by the Planning Officer (KW) (circulated previously) regarding planning application 78873.

The Senior Corporate and Community Services Officer read out a statement on behalf of Amy Wells (supporter) to the Committee.

Laura Lethaby (applicant) addressed the Committee.

In response to questions from the Committee, the Planning Officer (KW) advised the following:

·       There had been two appeals decisions relating to this site.  Planning permission had been refused in 2015 for a new dwelling which was located close by to the north of this site.  One of the reasons for refusal had been in relation to highways safety, which was a similar reason that had been given by Devon County Council Highways Authority in relation to this application. The appeal had been dismissed and the Inspectorate had agreed with the Highways Authority objections to the application.

·       The second was in 2020 which related to enforcement case 10878 for the subdivision of the main dwelling into flats and the use of the garage/store as a dwelling. The appeal was dismissed with regards to the use of the garage/store as a dwelling as the Inspectorate had agreed with the Highways Authority in relation to concerns for the increased risk of highway safety and that it was likely to generate 6-8 vehicle movements per day.

·       There was no underpass located under Kiln Lane. Kiln Lane was a no through road.  He showed the accesses to the site on a Google maps image.

·       There were already an amount of existing vehicle movements for the existing ancillary building. These were not relevant to the new building proposed.

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

·       Planning application reference 40120 was for the erection of a garage/workshop to be used ancillary to Manleigh House.

·       The planning appeal was in relation to a new dwelling outside of the development boundary.  This application was for a conversion, therefore the principle of development was different.

·       Read out paragraph 115 of the National Planning Policy Framework in relation to cumulative impact.

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

In response to questions from the Committee, the Planning Officer (KW) advised the following:

·       The A399 was 30 mph.  The Devon County Council Highways Officer was not present at the meeting, therefore, the total number of vehicle movements per day using this junction could not be confirmed.

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

·       Devon County Council Highways Authority, if present, would advise that this proposal would generate an additional 6-8 vehicle movements per day.

·       This development would not result in the removal of the vehicles from the site.  It was assumed that the vehicles shown on the photographs were for other dwellings.

·       It was for the Committee to consider whether there were benefits of reusing the existing building and if these outweighed the concerns raised by the Highways Authority in relation to highway safety in generating an additional 6-8 vehicle movements per day.

·       The removal of the existing vehicles within the parking area was not reasonable to be included as a planning condition. She was not sure that a site visit would be beneficial for the Committee as the proposal would not overcome the Highways Authority reasons for refusal.

In accordance with paragraph 9.5 of the Planning Code of Conduct, the Chair provided the Planning officer with the opportunity to explain the implications of any contrary decision.

The Service Manager (Development Management) advised that the Committee had the right to go against Officer recommendations. The Committee could consider the planning balance differently if it considered that the benefits outweighed the highways safety objections and would need to provide reasons to go against Officer recommendations. If the Committee were minded to approve the application, she did not have any concerns regarding the implications of such a decision.

In accordance with paragraph 9.6 of the Planning Code of Conduct, the Chair advised that there was no reason to consider deferring the meeting.

In accordance with paragraph 9.7 of the Planning Code of Conduct, the Chair invited the mover of the motion, Councillor Lane, to provide reasons for the proposed decision.

Councillor Lane advised the Committee of the following reasons for the proposed decision of approval:

·       On balance taken as a whole the benefits outweighed the harm.

·       The additional 6 – 8 vehicle movements per day would not have a severe impact on the highway safety, residents and users of the road.

The Service Manager (Development Manager) suggested the inclusion of the following conditions:

·       The Plans detailed in Informative 1 are to become the approved plans.

·       Conditions in relation to conversion, time limit, approved plans, materials, landscaping, removal of Permitted Development Rights, Bio Net Gain informative/self build and land contamination.

The Solicitor confirmed that the procedures had been followed correctly.

RESOLVED (10 for, 0 against, 0 abstained) that the application be APPROVED subject to the inclusion of the following conditions:

(a)  The development shall be carried out in accordance with the approved plans;

(b)  In relation to conversion, time limit, approved plans, materials, landscaping, removal of Permitted Development Rights, Bio Net Gain informative/self build and land contamination.

In reaching its decision, the Committee gave the following reasons:

·       On balance taken as a whole the benefits outweighed the harm.

·       The additional 6 – 8 vehicle movements per day would not have a severe impact on the highway safety, residents and users of the road.