Dev Management 17.04.13

MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, , ON WEDNESDAY, 17 APRIL 2013

Members in attendance * Denotes attendance * Cllr A D Barber * Cllr P W Hitchins * Cllr H D Bastone * Cllr J M Hodgson (pm only) * Cllr J Brazil * Cllr T R Holway * Cllr C G Bruce-Spencer (pm only) * 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 R J Foss * Cllr R J Vint (am only) * Cllr M Hannaford * Cllr J A Westacott MBE * Cllr J D Hawkins (pm only) * Cllr S A E Wright * Cllr M J Hicks

Other Members in attendance Cllrs I Bramble, R D Gilbert and R J Tucker

Item No Minute Ref or App. No. Officers in attendance and below refers participating All agenda Development Manager, Planning items Team Leaders, Senior Planning Officer, Planning Officers and Solicitor All agenda Member Services Manager items with the exception of application number 23/2485/12/F For application Member Services Officer number 23/2485/12/F

DM.55/12 MINUTES

The minutes of the meeting of the Committee held on 13 March 2013 were confirmed as a correct record and signed by the Chairman.

DM.56/12 DECLARATIONS OF INTEREST

Members and officers were invited to declare any interests in the items of business to be considered during the meeting and the following were made:

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Cllr D W May declared a personal interest in application 28/0260/13/F: Erection of petrol filling station – Quay Auto Centre, Higher Union Road, by virtue of knowing the garage owner and he remained in the meeting and took part in the debate and vote thereon;

Cllr M J Hicks declared a disclosable pecuniary interest in application 28/0260/13/F: Erection of petrol filling station – Quay Auto Centre, Higher Union Road, Kingsbridge and he left the meeting for the duration of this item;

Cllr R J Foss declared a personal interest in application 28/0260/13/F: Erection of petrol filling station – Quay Auto Centre, Higher Union Road, Kingsbridge by virtue of knowing the garage owner and the application being within the AONB and he remained in the meeting and took part in the debate and vote thereon;

Cllr S A E Wright declared a personal interest in application 28/0260/13/F: Erection of petrol filling station – Quay Auto Centre, Higher Union Road, Kingsbridge by virtue of knowing the garage owner and the objectors and he remained in the meeting and took part in the debate and vote thereon;

Cllr P C Smerdon declared a personal interest in application 23/2485/12/F: Solar PV development and associated works (installation of a 6.37 MW ground mounted solar farm over 12.4 hectare site) for a period of not more than 25 years – Development at SX 7509 5925, Hazard Farm, by virtue of knowing the landowners and he remained in the meeting and took part in the debate and vote thereon;

Cllr S E Cooper declared a personal interest in application 37/0150/13/F: Demolition of existing dwelling, granny annexe and conservatory. Construction of replacement dwelling, granny annexe and detached double garage with studio/hobby room over – Monticello, 73 Court Road, Newton Ferrers by virtue of being known to the applicant and objectors and she remained in the meeting and took part in the debate and vote thereon;

Cllr P W Hitchins declared a personal interest in application 58/2876/12/F: Erection of three dwellings adjoining Pendyce together with car parking, access, landscaping and associated works – Pendyce, Beach Road, Heybrook Bay by virtue of being known to the agent and he remained in the meeting and took part in the debate and vote thereon;

Cllr H D Bastone declared a personal interest in application 15/0023/13/F: Householder application for reconstruction of new roof form, together with external façade improvements and modifications – 4 Coombe Close, Dartmouth by virtue of knowing the objectors and supporters and having discussed the application with them. He remained in the meeting and took part in the debate and vote thereon;

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Cllr H D Bastone also declared a personal interest in application 37/0150/13/F: Demolition of existing dwelling, granny annexe and conservatory. Construction of replacement dwelling, granny annexe and detached double garage with studio/hobby room over – Monticello, 73 Court Road, Newton Ferrers by virtue of previously being a fellow Member of the Institute of Bankers with one of the applicants and he remained in the meeting and took part in the debate and vote thereon;

Cllr J Brazil declared a personal interest in application 10/1383/12/F: Construction of a new barn for storage of grain and farm machinery – Barn at SX 7838 8760, South Allington, Chivelstone, Kingsbridge by virtue of being a fellow parish councillor with the speaker and he remained in the meeting and took part in the debate and vote thereon;

Cllr R J Foss declared a personal interest in the following applications by virtue of being the Chairman of the South AONB Partnership Committee within which the applications were sited. He remained in the meeting and took part in the debate and vote on each of these applications:-

 58/2876/12/F: Erection of three dwellings adjoining Pendyce together with car parking, access, landscaping and associated works – Pendyce, Beach Road, Heybrook Bay;  37/0150/13/F: Demolition of existing dwelling, granny annexe and conservatory. Construction of replacement dwelling, granny annexe and detached double garage with studio/hobby room over – Monticello, 73 Court Road, Newton Ferrers;  10/1383/12/F: Construction of new barn for storage of grain and farm machinery – Barn at SX 7838 8760, South Allington, Chivelstone, Kingsbridge. He also declared a personal interest in this application by virtue of being known to the applicant;  15/0023/13/F: Householder application for reconstruction of new roof form, together with external façade improvements and modifications – 4 Coombe Close, Dartmouth;  37/0262/13/F: Full application for the demolition of existing units and associated garages and the erection of three cottages with garages an associated external works – Revelarc, Riverside Road East, Newton Ferrers;  52/0011/13/F: Full planning application for re-instatement of building and erection of agricultural machiner and implement store – Land adjacent Lower Broadpath, .

The Member Services Manager declared a personal interest in application application 23/2485/12/F: Solar PV development and associated works (installation of a 6.37 MW ground mounted solar farm over 12.4 hectare site) for a period of not more than 25 years – Development at SX 7509 5925, Hazard Farm, Harberton by virtue of a family member writing a letter of representation and she left the meeting for the duration of this item.

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DM.57/12 PUBLIC PARTICIPATION

The Chairman proceeded to announce that the following members of the public had registered their wish to speak at the meeting:-  28/0260/12/F: Objector – Mr Peter Stephens: Erection of petrol filling station – Quay Auto Centre, Higher Union Road, Kingsbridge;  23/2485/12/F: Objector – Dr Christopher Best: Supporter – Mr Roy Amner: Solar PV development and associated works (installation of a 6.37MW ground mounted solar farm over 12.4 hectare site) for a period of not more than 25 years – Development at SX 7509 5925, Hazard Farm, Harberton, Totnes:  55/0236/13/F: Objector – Mr Philip Pailthorpe: Supporter – Mr Barron: Resubmission of planning application 55/2808/12/F for the demolition of existing dwelling and construction of replacement house – Sea Breeze, Eddystone Road, :  58/2876/12/F: Objector – Ms Nicola Shelford: Supporter Mr Robbie Brown: Erection of 3 dwellings adjoining Pendyce together with car parking, access, landscaping and associated works – Pendyce, Beach Road, Heybrook Bay, Plymouth;  37/0150/13/F: Objector – Mrs Deborah McCann: Supporter – Mr Keith Cook: Demolition of existing dwelling, granny annexe and conservatory. Construction of replacement dwelling, granny annexe and detached double garage with studio/hobby room over – Monticello, 73 Court Road, Newton Ferrers;  10/1383/12/F: Supporter – Mr Nick Baker: Construction of new barn for storage of grain and farm machinery – Barn at SX 7838 8760, South Allington, Chivelstone, Kingsbridge;  15/0023/13/F: Objector – Mr Hurst: Supporter – Mr Andrew Parkinson: Householder application for reconstruction of new roof form together with external façade improvements and modifications – 4 Coombe Close, Dartmouth;  37/0262/13/F: Objector – Mr John Meaken: Full application for the demolition of existing units and associated garages and the erection of 3 cottages with garages and associated external works – Revelarc, Riverside Road East, Newton Ferrers;  52/0011/13/F: Objector – Mrs Janet Lewin: Supporter – Mr A Vinten: Land adjacent Lower Broadpath, Stoke Gabriel;  22/0219/13/F: Supporter – Mrs Amanda Burden: Erection of industrial building for Class B1/B2 and B8 use – Industrial unit at SX 7821 5283, Halwell Business Park, Halwell.

DM.58/12 SITE INSPECTIONS

a) Applications deferred at this meeting

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

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DM.59/12 PLANNING APPLICATIONS

The Planning Case Officers submitted details of the planning applications as presented in the agenda papers.

During discussion of the planning applications, the following motions (which were in contradiction to the planning officer recommendation in the published agenda report, or were determined by a Chairman’s casting vote) were PROPOSED and SECONDED and on being put to the vote were either CARRIED or LOST:-

a) In respect of application 28/0260/13/F Erection of petrol filling station – Quay Auto Centre, Higher Union Road, Kingsbridge,the following motion was PROPOSED and SECONDED and on being put to the vote was declared CARRIED:-

That a full Committee site inspection be held.

b) In respect of application 58/2876/12/F Erection of three dwellings adjoining Pendyce together with car parking, access, landscaping and associated works – Pendyce, Beach Road, Heybrook Bay, the following motion was PROPOSED and SECONDED and on being put to the vote was declared CARRIED:-

That a site inspection be held.

c) In respect of application 10/1383/12/F Construction of new barn for storage of grain and farm machinery – Barn at SX 7838 8760, South Allington, Chivelstone, the case officer introduced the application and presented photographs that identified the proposed location of the barn on land next to a main road. He did advise that officers supported the need for a grain barn and options for the position of the barn were limited as there needed to be access for heavy vehicles. The location was sensitive and this had been evidenced by the letters of objection. In addition, whilst accepting the need for the structure to be of steel cladding, officers were asking that the building be overlaid with a form of wood cladding and stone facing. The applicant felt this was too expensive but had offered to provide landscaping to help screen the building.

The local Ward Member advised that there had been some history to this application as the site originally proposed had been rejected by planners. The applicant had then proposed this site by way of compromise. The barn would only be visible for a short time along the road. The offer of landscaping would help to screen the barn and, in time, to increase biodiversity in the area. In view of the evidenced need, it was felt that the application should be approved. Another Member outlined the importance of the barn being steel clad in order to comply with the CMI certification system. One Member felt that the application should not be supported because of the impact on the AONB, however, the majority of Members were in support of the application.

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The following motion was then PROPOSED and SECONDED and on being put to the vote was declared CARRIED:-

That application 10/1383/12/F be conditionally approved, with delegated authority being granted to the Development Manager, in consultation with the Chairman of the Committee and the local Ward Member to determine the conditions.

Reasons for approval were that the needs of the farming enterprise outweighed the landscape concerns and the landscaping would protect the integrity of the site. d) In respect of application 52/0011/13/F Full planning application for re- instatement of building and erection of agricultural machinery and implement store – Land adjacent Lower Broadpath, Stoke Gabriel, the following motion was PROPOSED and SECONDED and on being put to the vote was declared CARRIED:-

That a site inspection be held. e) In respect of application 22/0219/13/F Erection of industrial building for Class B1/B2 and B8 use – Industrial unit at SX 7821 5283 – Halwell Business Park, Halwell, the case officer began by outlining the history and existing buildings that were on the site. She explained that two of the existing businesses on site were looking to expand, and that was the reason for the application. The case officer outlined the comments of the Highways Officer who was recommending refusal because of visibility and access issues, however, these comments were balanced with relatively recent comments from a different Highways Officer who had recommended approval of a previous application stating there was no issue with visibility and access. Photographs were provided for Members consideration of the access, and from a vehicle exiting the Business Park to show visibility.

Business issues were also considered. Whilst the Business Support Officer was recommending approval, it was noted that there were other sites specifically for employment that were not being utilised. The previous approval on this site related to agricultural or forestry activities. The businesses looking to expand did not fall into that category and therefore the application should be refused as it would constitute development in the open countryside and was therefore contrary to policy.

During discussion, Members raised concern at the opposing views of two different Highways officers and noted that this was not helpful and caused confusion. Part of the proposed site currently held containers, and it was confirmed that those containers would be removed if the planning permission were granted. One Member stated that having granted permission for the original buildings to be used for employment it would not show the Council in a good light if it now refused to help those businesses who wanted to expand.

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The Chairman asked the agent to note that, whilst the Committee were happy to support the applicant in his proposal, they would ask that the area was properly landscaped and kept maintained as this was a visible site to tourist traffic and therefore its appearance was important.

The following motion was then PROPOSED and SECONDED and on being put to the vote was declared CARRIED:-

That application 22/0219/13/F be conditionally approved.

Reasons for approval were that this was an established business park in a sustainable location with good links and approval would support local businesses.

Conditions:

 Time limit  In accordance with approved plans  Schedule of materials and finishes, and samples of the materials to be used in the construction of external surfaces, including roof has been submitted and approved. To enable LPA to consider details of materials  Landscape plan implemented in full  No development shall take place until details of soft landscaping works for parking areas have been submitted.  Any trees/plants within five years after planting, are removed die of become seriously damaged or defective shall be replaced. In the interest of the local landscape  Only be used for B1/B2/B8 purposes

(Meeting commenced at 10.00 am and concluded at 5.45 pm).

______Chairman

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APPENDIX A

28/0260/13/F Erection of petrol filling station. - Quay Auto Centre, Higher Union Road, Kingsbridge, TQ7 1EQ. -Wm Morrison Supermarkets PLC.

Kingsbridge Town Council

Town Council’s Views – Awaited

Officer Update – Kingsbridge Town Council recommend refusal. Revised Highway officer comments Two further representations objecting to the scheme Two additional conditions recommended 1. Details of footway (western side of site) 2. Details of any retaining walls to be agreed Also Subject to Section 106 agreement (£5000 contribution to deal with potential Traffic Regulation Order change requirements).

Recommendation – Conditional approval

Recommended Conditions 1. Time limit (3 years) 2. Accord with plans 3. Noise limit (jet wash) 4. Operation of jet wash and petrol filling pumping equipment limited to hours 07:00 to 22:00 on any day 5. Universal condition for development on land affected by contamination 6. Verification report for remediation strategy 7. Unsuspected contamination 8. Construction Method Statement 9. Details of floodlighting 10. Restricted hours for use of illuminated signage

Committee Decision – Full committee site inspection.

23/2485/12/F Solar PV development and associated works (installation of a 6.37MW ground mounted solar farm over 12.4 hectare site) for a period of not more than 25 years - Development at SX 7509 5925, Hazard Farm, Harberton, Totnes - Mr P McLaren. Major application.

Harberton Parish Council

Parish Council’s Views – Harberton: Support this application provided there is screening with trees to all neighbouring properties. : Noted with reservations. There is a lack of policy and a strategic approach to applications for renewable energy when there is a proliferation of such applications in .

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Officer Update – None

Recommendation – Conditional approval

Recommended Conditions

1 TIM3 (Time limit for implementation)

2 Accord with plans

3 Surface water drainage

4 Decommissioning and restoration after 25 years

5 No external artificial lighting

6 Pre-programmed satellite navigation systems

7 Retention of hedgerows

8 Landscape and Biodiversity Enhancement and Management Plan

9 The routing of the heavy goods vehicles as per Traffic Management Plan

10 Wheel washing

11 Programme of archaeological work

12 Details of security camera towers for and ground mounted radar arrays

13 Construction vehicular deliveries 08:00 to 18:00.

14 External finish of ancillary buildings

15 Construction vehicles regulated by stop and go board signs

Committee Decision – Conditional approval.

Condition 13 to be altered to require a Full Construction Management Plan

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55/0236/13/F Resubmission of planning application 55/2808/12/F for the demolition of existing dwelling and construction of replacement house. - Sea Breeze, Eddystone Road, Thurlestone, Kingsbridge, TQ7 3NU. - Mr & Mrs Barron

Thurlestone Parish Council

Parish Council Views – Objection

Officer Update - SWW No objection Landscape officer No objection Letters of representation 1 objection, 2 support

Recommendation – Conditional approval

Recommended Conditions 1. TIM3 – Standard Time Limit 3 years 2. NHO5 – Accord with plans 3. Contamination (unsuspected) 4. MAT7 – Natural Slate Sample 5. RES30 A (Restrict windows)

Committee Decision – Conditional approval.

58/2876/12/F Erection of 3 dwellings adjoining Pendyce together with car parking, access, landscaping and associated works. - Pendyce, Beach Road, Heybrook Bay, Plymouth, Devon. - Mrs Lewis

Wembury Parish Council

Parish Council Views – Objection (overdevelopment of the site).

Officer Update - Landscape officer raises no objection subject to a change in species of plants and associated conditions.

Recommendation – Conditional approval

Recommended Conditions 1 Time Limit (3 Years) 2 Accord with plans 3 Parking 4 Landscaping 5 Contaminated lands 6 Removal of PD rights 7 Drainage details 8 Tree implementation

Committee Decision – Site visit

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37/0150/13/F Demolition of existing dwelling, granny annexe and conservatory. Construction of replacement dwelling , granny annexe and detached double garage with studio/hobby room over. - Monticello, 73 Court Road, Newton Ferrers, Plymouth PL8 1BZ. - Mr & Mrs I Jacobson

Newton & Noss Parish Council

Parish Council Views – Objection

Officer Update - None

Recommendation – Conditional approval

Recommended Conditions 1. Time Limit (3yrs)

2. Accord with plans

3. Contaminated Land

4. Natural Slate Roof

5. Accord with Bat survey

6. Completion of garage prior to demolition of house

7. No additional windows in Garage

8. Parking facilities

9. Garaging & ancillary accommodation only

Committee Decision – Conditional approval

10/1383/12/F Construction of new barn for storage of grain and farm machinery - Barn at SX 7838 8760, South Allington, Chivelstone, Kingsbridge TQ7 2NB - Mr & Mrs Baker

Chivelstone Parish Council

Parish Council Views – Support

Officer Update - None

Recommendation – Refuse

Committee Decision – Conditional approval, Conditions to be delegated to Head of DM.

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15/0023/13/F Householder application for reconstruction of new roof form, together with external façade improvements and modifications- 4 Coombe Close, Dartmouth, TQ6 9PD- Mr A Parkinson

Dartmouth Town Council

Town Council Views – Recommend refusal

Officer Update - None

Recommendation – Conditional approval

Recommended Conditions

1 3 years

2 Accord with plans

3 Schedule of materials and finishes to be submitted

4 Natural slate roof

5 Eaves and verge (to be a matt grey) details

6 Render details

7 Aluminium window details

8 Conservation roof lights

9 Timber cladding details

10 Glazing shall be anti-reflective (southern gable)

11 North/roadside glazing to be obscure glazed and fixed closed at second floor level.

12 Western roof lights to be obscure glazed.

13 North/roadside glazing to be obscure glazed but not fixed closed at first floor level.

Committee Decision – Conditional approval

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37/0262/13/F Full application for the demolition of existing units and associated garages and the erection of 3 cottages with garages and associated external works. -Revelarc, Riverside Road East, Newton Ferrers, Plymouth, PL8 1AF. - Mr Andrew Brown

Newton & Noss Parish Council

Parish Council Views – Support

Officer Update - None

Recommendation – Conditional approval

Recommended Conditions

1. Time Limit (3yrs)

2. Accord with plans

3. Natural Slate Roof

4. Rainwater goods & external attachment details

5. Timber doors and windows

6. Joinery Details

7. Local Stone

8. Render Details

9. Eaves & Verge details

10. Retention of garaging

11. Roof light details.

12. Accord with Bat Survey

13. Contaminated Land survey

14. Landscaping plan

15. Construction Method Statement

16. Removal of Permitted Development Rights

Committee Decision – Conditional Approval

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Full planning application for re-instatement of building and erection of agricultural machinery and implement store- Land adjacent Lower Broadpath, Stoke Gabriel, TQ9 6SQ - Mr A Vinten

Stoke Gabriel Parish Council

Parish Council Views – Objection

Officer Update - None

Recommendation – Conditional approval

Recommended Conditions 1 Commencement within 3 years. 2 Accord with plans.

3 Reclaimed stone from site to be used in construction. 4 Landscape plan to be submitted. 5 No overnight parking of private motor vehicles. 6 No Floodlighting or external lighting at the site.

Committee Decision – Site Visit

22/0219/13/F Erection of industrial building for Class B1/B2 and B8 use. - Industrial unit at SX 7821 5283, Halwell Business Park, Halwell TQ9 7LQ – Mr D Treeby

Halwell & Moreleigh Parish Council

Parish Council Views – Support

Officer Update - Update to committee on conflicting DC Highways comments

Recommendation – Refusal

Committee Decision – Conditional approval

1. Time limit 2. In accordance with approved plans 3. Schedule of materials and finishes, and samples of the materials to be used in the construction of external surfaces, including roof has been submitted and approved. To enable LPA to consider details of materials 4. Landscape plan implemented in full 5. No development shall take place until details of soft landscaping works for parking areas have been submitted.

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6. Any trees/plants within five years after planting, are removed die of become seriously damaged or defective shall be replaced. In the interest of the local landscape 7. Only be used for B1/B2/B8 purposes

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