Dev Management 11.01.12

MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, , ON WEDNESDAY, 11 JANUARY 2012

Members in attendance * Denotes attendance Ø Denotes apology for absence * Cllr A D Barber Ø Cllr P W Hitchins Ø Cllr H D Bastone * Cllr J M Hodgson * Cllr J Brazil * Cllr T R Holway * Cllr C G Bruce-Spencer * Cllr D W May (Chairman) * Cllr B F Cane * Cllr J T Pennington * Cllr R J Carter * Cllr R Rowe * Cllr S E Cooper * Cllr P C Smerdon * Cllr P Coulson * Cllr J W Squire * Cllr P K Cuthbert * Cllr R C Steer (Vice Chairman) * Cllr M Hannaford * Cllr R J Vint * Cllr J D Hawkins * Cllr J A Westacott MBE * Cllr M J Hicks * Cllr S A E Wright

Item No Minute Ref No Officers in attendance and participating below refers All Development Manager, Senior Planning Officer, agenda Solicitor and Member Services Manager items Apps. 54/2529/11/F; Senior Planning Officer and Planning Officer 07/1876/11/RM; 34/2650/11/F and 41/3057/11/DC

DM.33/11 MINUTES

The minutes of the meeting of the Committee held on 7 December, 2011 were confirmed as a correct record and signed by the Chairman.

DM.34/11 DECLARATIONS OF INTEREST

Members and officers were invited to declare any interests in the items of business to be considered during the meeting. These were recorded as follows:

Cllr P Coulson declared a prejudicial interest in application 46/2474/11/F (Resubmission of 46/0922/11/F for redevelopment of the Sun Bay Hotel to provide new 18-bedroom hotel, six holiday apartments, new access and car parking facilities plus restaurant, bar, lounge and terrace – Sun Bay Hotel, Hope Cove, ) by virtue of being well known to the applicant and he subsequently left the meeting during the debate and vote on the application; Cllr R J Carter declared an interest in application 46/2474/11/F (Resubmission of 46/0922/11/F for redevelopment of the Sun Bay Hotel to provide new 18-bedroom hotel, six holiday apartments, new access and car parking facilities plus restaurant, bar, lounge and terrace – Sun Bay Hotel, Hope Cove, Kingsbridge) and he subsequently left the meeting during the debate and vote on the application; Dev Management 11.01.12

Cllrs R J Carter, M J Hicks and S A E Wright all declared a personal interest in application 41/3057/11/DC (Resubmission of planning application 41/2689/11/DC for the construction of two small extensions to the front elevation of Whitestrand public conveniences to provide shower facilities for use by visiting yachtsmen – Regulation 3, LPA own development. Public conveniences, Whitestrand, ) by virtue of all being Members of Salcombe Harbour Board, and they all remained in the meeting and took part in the debate and vote thereon;

Cllr D W May declared a prejudicial interest in application 27/2924/11/F (Re-development of existing garage workshop to terrace of four two bedroomed cottages with car parking – Garage Workshop, Park Street, , PL21 9DW) by virtue of being the applicant and he subsequently left the meeting during the debate and vote on the application;

Cllr P K Cuthbert declared a prejudicial interest in application 27/2924/11/F (Re-development of existing garage workshop to terrace of four two bedroom cottages with car parking – Garage Workshop, Park Street, Ivybridge, PL21 9DW) by virtue of being well known to the applicant and she subsequently left the meeting during the debate and vote on the application;

Cllr A D Barber declared a personal interest in application 27/2924/11/F (Re-development of existing garage workshop to terrace of four two bedroom cottages with car parking – Garage Workshop, Park Street, Ivybridge, PL21 9DW) by virtue of being known to the applicant and he remained in the meeting and took part in the debate and vote thereon;

Cllrs C G Bruce-Spencer, B F Cane, R J Carter, S E Cooper, P Coulson, J D Hawkins, M J Hicks, T R Holway, J T Pennington, R Rowe, P C Smerdon, J W Squire, R C Steer and S A E Wright each declared a personal interest in application 27/2924/11/F (Re-development of existing garage workshop to terrace of four two bedroomed cottages with car parking – Garage Workshop, Park Street, Ivybridge, PL21 9DW) by virtue of the applicant being a fellow member of the Conservative Group, and they all remained in the meeting and took part in the debate and vote thereon;

Cllr B F Cane declared a prejudicial interest in application 07/1876/11/RM (Reserved Matters application for agricultural dwelling ref: Outline permission 07/1522/10/O – Tor Hill Farm, Spriddlestone, Plymouth PL9 0DW) by virtue of the applicant being his son, and he subsequently left the meeting during the debate and vote on the application;

Cllrs R Rowe and R C Steer both declared a personal interest in application 07/1876/11/RM (Reserved Matters application for agricultural dwelling ref: Outline permission 07/1522/10/O – Tor Hill Farm, Spriddlestone, Plymouth PL9 0DW) by virtue of knowing the applicant and his family, and they remained in the meeting and took part in the debate and vote thereon;

Dev Management 11.01.12

Cllrs J A Westacott, J M Hodgson and R J Vint all declared a personal interest in application 56/2221/11/F (Proposed detached three bedroom dwelling with integral garages and two parking spaces – Land opposite 1 Argyle Terrace and 6 St Johns Terrace, Totnes) and they all remained in the meeting and took part in the debate and vote thereon.

DM.35/11 PUBLIC PARTICIPATION

The Chairman announced that the following members of the public had registered their wish to speak at the meeting:-

• 46/2474/11/F: Objector – Mr David Clark: Supporter – Ms Dawn Presland: Resubmission of 46/0922/11/F for redevelopment of the Sun Bay Hotel to provide new 18 bedroom hotel, six holiday apartments, new access and car parking facilities plus restaurant, bar, lounge and terrace – Sun Bay Hotel, Hope Cove, Kingsbridge; • 28/2738/11/F: Objector – Ms Ann Atkinson: Supporter – Mr Steve Bottomley: Erection of a new dwelling and associated works – Development plot at Highfield Drive, Kingsbridge; • 56/2221/11/F: Supporter – Mr Phil Atkins: Proposed detached three bedroom dwelling with integral garages and two parking spaces – Land opp. 1 Argyle Terrace and 6 St Johns Terrace, Totnes; • 54/2529/11/F: Objector – Mr George Holmes: Mr John Baron: Resubmission of planning application 54/1803/11/F for demolition of existing dwelling and garage and construction of replacement with widening of access – Fairwinds, Hynetown Road, Strete, Dartmouth.

DM.36/11 SITE INSPECTIONS

a) Applications deferred at this meeting

RESOLVED

That a Site Inspection Group comprising the Chairman and four other Members who were present at the meeting, be appointed to consider applications deferred at this meeting for that purpose.

b) Report of the Site Inspection Group held on 19 December, 2011

(i) 46/2474/11/F – Resubmission of planning application 46/0922/11/F for redevelopment of the Sun Bay Hotel to provide new 18 bedroom hotel, six holiday apartments, new access and car parking facilities plus restaurant, bar, lounge and terrace – Sun Bay Hotel, Hope Cove, Kingsbridge A report was presented of the Committee Site Inspection Group in respect of the above planning application. The Development Manager reminded the Committee that this application was significant in form and appearance.

Plans and elevations were shown, including elevations indicating the excavation necessary for the proposed application, and the relationship with neighbouring properties. Visual images were shown that illustrated the proposal in the wider Dev Management 11.01.12 setting, and the Development Manager updated the Committee that all glazing would be non reflective tinted glass which would reduce light emitted from the building. In addition, he asked that a condition be included to secure Code level 4 sustainable construction or equivalent.

The Development Manager then advised the Committee of late letters of representation which included the following points:

- the scale is out of character and too large for the location - issues of traffic generation - concerns relating to sewage - significant impact on neighbouring properties - concerns relating to excavations.

In response to these points, the Development Manager stated that the officer view was that large buildings could contribute to the landscape, a condition was recommended for a travel plan to be put in place and a minibus arrangement was proposed for staff and for patrons to advertised events. The Highways Authority had no objections. The sewage concerns had been addressed in the report and South West Water Authority were looking for a solution, but this proposed development would be a betterment of the situation. Members have seen the impact on neighbouring properties, and in terms of excavation a condition was recommended that a full ground investigation be carried out prior to commencement.

Taking these additional conditions into account, the officer recommendation was for conditional approval.

During discussion the following points were made:

• A Member queried the suitability of the green roof, bearing in mind the seaside location and salt air. In response, the Development Manager advised that green roofs were not uncommon to seaside locations, and were widely used in Cornwall;

• A Member was concerned at the doubling of size of the proposal, against the size of the current building, and hoped that the Committee would take the views of local residents into account;

• Another Member congratulated the applicants on the redevelopment proposals for the site, and for the boost that would be given to tourism, however he did not feel that the design was inspiring or suited to the location; • A Member recognised that the site was viable for redevelopment, but was not sure if this proposal was right. Another Member felt that the scale and design were not right and that the Committee should be listening to residents;

• One Member felt that the existing building was outdated and the proposed building would have an impact, and rightly so. Hope Cove Dev Management 11.01.12

was a holiday destination and this proposal would help Hope Cove to be as good as the opposition in terms of attracting tourism to the area;

• Another Member felt that there should be a more realistic view, and it was fortunate that a company wanted to invest in the area. This proposal could bring all year round tourism to the area;

• A number of Members hoped that the views of the Parish Council would be taken into account, as they represented the local people, many of whom had concerns about the proposal.

It was then PROPOSED, SECONDED and on being put to the vote was declared CARRIED:

That in respect of application number 46/2474/11/F, the application be CONDITIONALLY APPROVED, subject to the satisfactory completion of the Section 106 Agreement to secure:

1. A clear administrative and financial relationship to be established between the hotel management and the management company operating the apartments 2. A detailed operational policy to be put in place by the hotel management to provide servicing of the apartments and access to hotel facilities for apartment residents 3. A detailed business plan to be provided by the management company to demonstrate how year round use of the apartments will be achieved 4. The management company to be required to keep a record of apartment occupancy and duration of stays to ensure holiday use of the apartments.

Conditions:

1. Time 3yrs 2. Accord Plans 3. Construction Method Statement 4. Travel Plan 5. Access Surfacing 6. Kitchen/Heating extraction details 7. Noise and Ventilation details for fixed plant, 8. Amplified Noise 9. Refrigeration Units 10. Materials 11. Parking 12. Landscaping 13. Demolition Period 14. Hotel occupation prior to holiday apartments 15. Lighting details 16. Stonework 17. Balustrade Detail

18. Code level 4 Sustainable Construction or equivalent 19. Full ground investigation Dev Management 11.01.12

(ii) 05/2050/11/F – Demolition of existing dwelling and erection of two houses – High View, Warren Road, on Sea, Kingsbridge A report was presented of the Committee Site Inspection Group in respect of the above planning application. Members of the Site Inspection Group reiterated their comments. The Local Ward Member advised that if the proposal was approved there should be a condition to ensure the hedge between the application site and the neighbours be retained to ensure privacy.

It was then PROPOSED, SECONDED and on being put to the vote was declared CARRIED:

That in respect of application number 05/2050/11/F, the application be CONDITIONALLY APPROVED .

Conditions:

1. Time 3 2. Accord with Plans 3. Parking facilities 4. Removal of PD rights 5. Landscape Concept Plan 6. Privacy screen 7. Unsuspected land contamination 8. Materials 9. Securing of slates with traditional nailed method

In respect of application 30/2316/11/F – Resubmission of 30/0554/11/F for construction of three 2 bedroom flats with five car park spaces – Plot 4, Lower Contour Road, , the Development Manager advised that this application had subsequently been withdrawn.

DM.37/11 PLANNING APPLICATIONS

The Planning Case Officers submitted details of planning applications as indicated in Appendix A to these minutes.

It was then:-

RESOLVED

That the planning applications considered at this meeting be determined as indicated in Appendix A to these minutes.

(Meeting commenced at 2.00 pm and concluded at 6.05 pm). ______Chairman

Dev Management 11.01.12

APPENDIX A

REF NO. 28/2738/11/F

Erection of a new dwelling and associated works. Development plot at Highfield Drive, Kingsbridge, TQ7 1JW. Mr M Bache

Town Council - Kingsbridge Town Council

Town Council’s Views – Recommend Approval subject to DCC Highways being satisfied with the proposals for vehicular entry from, and exiting to, Highfield Drive with regard to current highway issues in the locale.

Officer Update – One letter of objection. Sustainable code level will be 4.

Recommendation – Conditional approval

Recommended Conditions 1: Time Limit (3 years) 2: Accord with approved plans 3: Removal of PD rights 4: Eaves details 5: Stone sample 6: Retention of parking 7: Landscaping plan 8: Hardsurfacing details

Committee Decision – Conditional approval – Subject to additional condition regarding sustainability code level.

REF NO. 56/2221/11/F

Proposed detached 3 bedroom dwelling with integral garages and 2 parking spaces. Land opposite 1 Argyle Terrace and 6 St Johns Terrace, Totnes. Mr P Atkins

Town Council - Totnes Town Council

Town Council’s Views – objection on grounds of overdevelopment and out of keeping with street (comments relayed verbally, no written correspondence received)

Officer Update – None

Recommendation – Conditional approval

Recommended Conditions 1. Time limit 2. Plans 3. Material samples 4. Floor levels 5. Parking kept available 6. Landscaping 7. Contamination Dev Management 11.01.12

8. Sewers 9. Ecology survey 10. Code 4 sustainable home 11. Noise protection scheme

Committee Decision – Conditional approval

REF NO. 27/2924/11/F

Re-development of existing garage workshop to terrace of 4 No.two bedroomed cottages with car parking. Garage Workshop, Park Street, Ivybridge, PL21 9DW. Mr & Mrs DW & SV May

Town Council – Ivybridge Town Council

Town Council Views – Objection. Overdevelopment, lack of parking.

Officer Update - One late letter. Sustainable code level 3.

Recommendation – Conditional approval

Recommended Conditions 1. Time Limit (3 years) 2. Accord with plans 3. Removal of PD Rights 4. Obscure glazed window 5. natural slate roof 6. Means of enclosure details 7. Parking retained

Committee Decision – Conditional approval

REF NO. 54/2529/11/F

Resubmission of planning application 54/1803/11/F for demolition of existing dwelling and garage and construction of replacement with widening of access. Fairwinds, Hynetown Road, Strete, Dartmouth, TQ6 0RS. Mr & Mrs Baron

Parish Council – Strete Parish Council

Parish Council Views – Objection

Officer Update - Advised of applicant’s commitment to achieve CSH4.

Recommendation – Conditional approval

Recommended Conditions 1: Time Limit (3 years) 2: Accord with Plans 3: Sample of materials to be submitted 4: Landscaping 5: Contaminated Land Dev Management 11.01.12

6: Code 4 CSH 7: Retention & maintenance of west balcony screen

Committee Decision – Conditional approval (2 extra conditions, sustainability code & retention and maintenance of western balcony screen)

REF NO. 07/1876/11/RM

Reserved Matters application for agricultural dwelling ref: Outline permission 07/1522/10/O. Torr Hill Farm, Spriddlestone, Plymouth, PL9 0DW. Mr & Mrs S Cane

Parish Council – Brixton Parish Council

Parish Council Views – No Objection

Officer Update - None

Recommendation – Conditional approval

Recommended Conditions 1. Time limit (3 Years) 2. development shall accord with approved plans 3. use of natural slate 4. Reiteration of conditions relating to planning approval 07/1522/10/O

Committee Decision – Conditional approval

REF NO. 34/2650/11/F

Householder application to build driveway with retaining walls at front of property. 11 Furzegood, , Paignton TQ3 1PH. Mr G Blagden

Parish Council – Marldon Parish Council

Parish Council Views – No Objection

Officer Update - None

Recommendation – Refusal

Recommended Conditions - n/a

Committee Decision – Refusal

Dev Management 11.01.12

REF NO. 41/3057/11/DC

Resubmission of planning application 41/2689/11/DC for the construction of two small extensions to the front elevation of Whitestrand public conveniences to provide shower facilities for use by visiting yachtsmen - LPA REGULATION 3 OWN DEVELOPMENT. Public Conveniences, Whitestrand, Salcombe, TQ8 8BU. Mr I Gibson

Town Council – Salcombe Town Council

Town Council Views – Comments awaited

Officer Update - None

Recommendation – Conditional approval 1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. Reason: To comply with Section 91 of the Town and Country Planning Act, 1990 (as amended).

2. The development hereby approved shall in all respects accord strictly with Site Location Plan no. 41/104-2, Block Plan no. 41/104-3 Rev. A received by the Local Planning Authority on 30th November 2011and amended drawing number(s) 41/104-1 Rev. A received on 14th December 2011. Reason: To ensure that the proposed development is carried out in accordance with the drawings forming part of the application to which this approval relates.

3. The external materials to be used in the development shall match those of the main building in accordance with the materials detailed in the application form as received by the Local Planning Authority on 30th November 2011. Reason: To ensure that the development is in character with the existing building and its surroundings.

Committee Decision – Conditional approval

File Note for application ref: Resubmission of 46/0922/11/F for redevelopment of the Sun Bay Hotel to provide new 18-bedroom hotel, 6 holiday apartments, new access and car parking facilities plus restaurant, bar, lounge and terrace Sun Bay Hotel, Hope Cove, Kingsbridge, TQ7 3HH

This file note is to be treated as an addendum to the officer reports and Committee minutes as applicable to the above application.

Subsequent to consideration of this planning application, initially by the Development Management Committee at its meeting on 7th December 2011, then at a Full Committee Site Inspection on 19th December 2011, with the Committee resolving to grant, at its meeting on 11th January 2012, conditional planning permission subject to the prior satisfactory completion of a Section 106 Agreement.

Dev Management 11.01.12

The Section 106 Agreement has been engrossed and completed and dated 7th March 2014.

Reference has been made in the main report to various adopted Structure Plan policies (October 2004) and PPS7. In addition, at the time of consideration of this application, the draft Regional Spatial Strategy (RSS) for the South West (June 2006) was a material planning consideration. It should be noted for the record that, at the time of completing the Section 106 Agreement and the formal issue of the planning decision notice, the draft RSS and the Structure Plan were revoked on 20th May 2013 and are therefore no longer material planning considerations in the decision making process. Nevertheless, the thrust of the Structure Plan policies have been reflected in the more up-to-date LDF Core Strategy (Dec 2006) and Development Policies DPD (July 2010), together with due regard having been given to the guidance within the even more up-to-date National Planning Policy Framework (NPPF) issued during March 2012 (and corresponding revocation of PPG’s and PPS’s, including PPS7).

The revocation of the draft RSS, Devon Structure Plan and PPS7, and the publication of the NPPF are not matters which require the application to be re- presented to the Development Management Committee. The starting point for the consideration of this development proposal remains the Development Plan, consisting of the LDF Core Strategy (adopted in December 2006), the South Hams Development Policies Development Plan Document (adopted in 2010) and the South hams Local Plan, part 1 (adopted in 1996).

The NPPF sets out the Government’s planning policies for and how these are expected to be applied. It reaffirms the provisions of Section 38(6) of the Planning and Compulsory Purchase Act 2004, i.e. that planning applications should be determined in accordance with the Development Plan unless material considerations indicate otherwise. At the heart of the NPPF is a presumption in favour of sustainable development. The purpose of the planning system is to contribute to the achievement of sustainable development. The policies in the NPPF, taken as a whole, constitute the Government’s view of what sustainable development in England means in practice for the planning system. For decision taking, this means approving development proposals that accord with the development plan without delay.

This addendum has been brought to the attention of the Chairman of the Development Management Committee, Cllr Steer, and the Ward Member, Cllr Coulson, who both confirm their agreement that the decision notice can be formally issued in the light of this updated information, without the need for the application to be reconsidered by the Development Management Committee.

18th March 2014.

D.R.Kenyon Major Projects Manager Development Management Planning Economy & Community