Agenda item

Report by the Head of Place (attached).

The Committee considered a report by the Head of Place (circulated previously).

The Lead Planning Officer North (BP) advised the Committee that:

·         Since the publication of the agenda, further documentation had been received. This included an email from the Ward Member (Councillor Wilkinson) regarding the drainage on site, a letter from the agent, response from the Landscape and Countryside Officer, a late consultation response from Devon County Council Flood and Coastal Risk, and additional letters of representation. These had been issued in advance of the Committee. Devon County Council had raised no objection but had recommended conditions.

·         The late representations did not raise any new issues other than in relation to the Tarka Trail and equestrian access to it.  The Landscape and Countryside Officer had no objection in principle.

·         The AONB partnership had been re-consulted and in response to the applicant providing a lighting plan for the site, no longer had an objection as it would appear that the proposals would not increase any sky glow.

·         A late response was received from South West Water which was read to the Committee.  A representative was not able to attend the meeting.

·         There had been no objections or issues raised by South West Water. They were satisfied that the existing drainage system and sewage treatment works was not at capacity and could accommodate the additional demand. 

·         A late response was received from the British Horse Society who were now satisfied with the response of the applicant and the proposed condition 9.

Trevor Jones (supporter) and Mr Bennett (objector) addressed the Committee.

In response to questions from the public, the Solicitor (DH) advised of the procedure for site visits.

Alison Shelley (objector), Phillip Hackett (objector), Sally Watts (objector), John Stratton (objector) David Wilkinson (objector) and Steve Harris (applicant’s agent) addressed the Committee.

Councillor Malcolm Wilkinson (Ward Member) addressed the Committee.

In response to questions from the public, the Lead Planning Officer North (BP) advised that:

·         Improvements to the boundary around the property to the south of the site could be incorporated under condition 9.  It had been requested in order to prevent horses and dogs accessing the land which the owner advised contained Ragwort and mushrooms poisonous to animals.

·         The residents of the four properties along the boundary of the site had been notified of the application from the outset.

·         The siting of the play area in relation to the bordering properties to the south had been identified during the site visit and additional tree planting was to take place in this area to screen the properties. The Environmental Health Officer had no objections on noise grounds, but had recommended a condition requiring submission of a noise statement.

·         Improvements to signage on Spreacombe Hill could be considered although this would be the remit of Devon Highways.

The Lead Planning Officer North (BP) confirmed that consultation responses had now been received and the following amendments and conditions were recommended:

·         Conditions as recommended by DCC Flood and Coastal Risk and the Landscape and Countryside Officer.

·         Condition 2 of the DCC recommendation to be amended to May 2020 as the applicant was now in agreement with DCC regarding flood risk and ground monitoring.

·         Condition 9 be amended to include “Prior to commencement of Phase 2 of the new development hereby permitted, details of the route and construction….”

·         Condition 10 be amended to include reference to a two stage process.

·         A new condition to control the use of facilities to ensure that those not open to the public are used by residents of the site only.

In response to questions from the Committee, the Lead Planning Officer North (BP) advised that:

·         The extension to the Tarka Trail would be across the site only.  There was no requirement for the developer to extend further than the site. The trail would allow access across the site for pedestrians, walkers and horse riders.

·         Site access/construction times could be restricted further to an 08.00 start and 17.30 finish for the comfort of local residents.

·         Occupation conditions allowed the use of the properties all year round, but restricted them to holiday accommodation use only.

In response to questions from the Committee, DCC Highways Officer (PY) advised that;

·         The figures for the theoretical traffic generation had been established using the TRICS system which was a nationally-approved database used by many County Councils. The database looked at figures across the UK which were then adapted to meet the conditions of the North Devon area (allowing for local trends).

·         Theoretically the impact of this development was actually a negative impact, as reduction rather than increase in traffic movements.  Although the golf course and club house were not currently in use there was nothing to prevent an operator taking on the business in the future and running them at capacity; creating the maximum traffic figures being used in the assessment. Therefore they had to be considered as such.

·         There were a significant number of passing places along Bradwell Road and Spreacombe Hill.

·         As a Highways Authority, DCC would not be in a position to recommend refusal based on this or they could be open to challenge it if it were deemed that DCC had objected unreasonably.

In response to a question from the Committee, the Lead Planning Officer North (BP) advised that the remaining ten dwellings from the original outline planning permission which had not been built, but had previously been granted permissions would not be built as that permission had now lapsed, and the land on which they would have been sited was now part of the new site plan.

In response to questions from the Committee, DCC Highways Officer (PY) advised that;

·         Maintenance of the trail through the site would remain the responsibility of DCC (as a public highway).

·         Depending on the timing of the works on the Tarka Trail, it could be found that section(s) may need to be temporarily closed to access to enable construction works to take place safely. Viability issues could arise if the works to the Trail were deemed to be required to be completed during stage one.

RESOLVED that the application be APPROVED (8 for, 2 against, 2 abstained) as recommended by the Head of Place and amended by the Lead Planning Officer; subject to South West Water adequately addressing concerns raised regarding sewerage to the satisfaction of the Head of Place and the imposition of conditions being delegated to the Head of Place in consultation with the Ward Member and Chair of the Committee to include the following:

a)    Conditions as recommended by DCC Flood and Coastal Risk and the Landscape and Countryside Officer;

b)    Condition 2 of the DCC recommendation to be amended to May 2020 as the applicant was now in agreement with DCC regarding flood risk and ground monitoring;

c)    Condition 9 be amended as follows “Prior to commencement of Phase 2 of the new development hereby permitted, details of the route, and construction….”;

d)    Condition 10 be amended to include reference to a two stage process;

e)    A new condition to control the use of facilities to ensure that those not open to the public are used by residents of the site only;

f)     Condition 11 be amended so that the hours of operation on site be set between 08:00AM at 17:30PM Monday to Friday;

g)    Condition 3 be amended to require the extension to the Tarka Trail to commence in Phase 1;

h)    Condition 9 be amended to include the provision of appropriate screening along the boundary with the property to the South East of the site; and

i)      A condition requiring the provision of signage on Spreacombe Hill to direct visitors to use the appropriate route to the site.