Mrs J Wallace Head of Paid Service Torridge District Council Riverbank House Bideford Devon EX39 2QG

DX 53606 BIDEFORD Tel : Bideford (01237) 428700

Date: 3 January 2020 MEETING OF PLANS COMMITTEE

Town Hall - Bridge Street, Bideford, EX39 2HS Thursday 16 January 2020 at 9.30 am

NOTICE OF MEETING

To: Councillor C Leather (Chair) Councillor M Brown (Vice-Chair) Councillors: R Boughton, P Christie, R Craigie, R Lock, D McGeough, P Watson and R Wiseman Members are requested to turn off their mobile phones for the duration of the Meeting

AGENDA 1. Apologies For Absence To receive apologies of absence from the meeting.

2. Minutes (Pages 4 - 8) To receive the Minutes from the meeting held on 5 December 2019.

3. Declaration of Interest Members with interests to declare should refer to the Agenda item and describe the nature of their interest when the item is being considered.

Elected Members of Devon County Council and Town/Parish Councils who have considered a planning application by virtue of their membership of that Council hold a personal interest and are deemed to have considered the application separately and the expressed views of that Council do not bind the Members concerned who consider the application afresh.

4. Agreement of Agenda between Parts I and II

5. Urgent Matters Information to be brought forward with the permission of the Chair.

6. Future Site Visits The Chair to advise the Committee of any future site visits.

7. Public Participation The Chair to advise the Committee of any prior requests to speak made by members of the public and to advise of the details of the Council’s public participation scheme.

8. Appeal Decisions Summary There are no Appeal Decisions.

9. Costs on Appeals There are no Costs on Appeals.

10. Delegated Decisions - AGMB Applications (Pages 9 - 10)

11. Planning Applications The information, recommendations and advice contained in the reports are correct as at the date of preparation which is more than ten days in advance of the Committee meeting. Due to these time constraints any changes or necessary updates to the reports will be provided in writing or orally at the Committee meeting.

(a) Application No. 1/1343/2018/OUTM (Pages 11 - 66) Outline application for residential development of up to 110 dwellings, public open space and associated infrastructure with all matters reserved except access - Land At Wooda Road, Pitt Lane, Appledore.

(b) Application No. 1/0960/2019/FUL (Pages 67 - 74) Removal of condition 4 (ancillary accommodation) of planning permission 1/1019/2018/FUL - South Yeo, Yeo Vale, Bideford.

(c) Application No. 1/0967/2019/LA (Pages 75 - 82) Erection of CCTV mast and camera at Wheels Park - The Sportsground, Kingsley Road, Bideford

12. Plan ning Decisions (Pages 83 - 92) List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 21 November 2019 to 7 January 2020.

13. Exclusion of Public The Chair to move:-

That the public be excluded from the remainder of the meeting because of the likely disclosure of exempt information by virtue of Part 1 Schedule 12A of the Local Government Act 1972.

14. Part II - Closed Session There are no Part II items.

The background papers are considered to comprise the following documents:

- The individual planning application file (reference number quoted in each case) - North Devon and Torridge Local Plan 2011-2031 (Adopted October 2018) - Current Government guidance contained in Circulars, the National Planning Policy Framework, Planning Policy for Traveller Sites and Ministerial Statements - Any other documents specifically referred to in the report.

All background papers referred to are available for examination during normal office hours.

NOTE TO MEMBERS

All letters of representations are readily available for inspection on the files or through the website and public access. If any Member requires assistance in using this facility, please contact the Development Enabling Manager directly.

Members of the Committee only will receive hard copies of representations received.

Meeting Organiser: Sandra Cawsey

For those wishing to speak at Plans Committee please contact:

Planning Support - Tel: 01237 428778 or 428711 Email: [email protected] Website: www.torridge.gov.uk/speakplanning

Agenda Item 2 1

TORRIDGE DISTRICT COUNCIL

PLANS COMMITTEE MEETING

Town Hall Bideford

Thursday, 5 December 2019 - 9.30 am

PRESENT Councillor C Leather (Chair) Councillor M Brown (Vice-Chair)

Councillors R Boughton, P Christie, R Lock, P Watson and R Wiseman

ALSO PRESENT S Dorey - Senior Solicitor J Jackson - Principle Planner K Evely - Planning Officer S Cawsey - Democratic Services Officer

Prior to the commencement of the meeting the Chair, Councillor Leather, asked that Members remember in their thoughts the late Mr P Pester who had been Vice Chair of Plans Committee 2007 – 2011.

59. MINUTES

It was proposed by Councillor Watson, seconded by Councillor Lock and –

Resolved:

The Minutes of the meeting held on 7 November 2019 be agreed and signed as a correct record.

(Vote: For - Unanimous)

Matters Arising:

Councillor Christie referred to Application No. 1/1343/2018/OUTM and enquired as to which Surveyor had been instructed to prepare a second Viability Assessment. The Planning Officer confirmed the Surveyors instructed were Herridge Property Consulting Limited.

60. DECLARATION OF INTEREST

The Chair reminded Members to declare their interests when the relevant item was up for discussion. Declarations of interest were made as indicated below and in accordance with the previously agreed arrangements for “dual-hatted” Members.

Page 4 2

61. AGREEMENT OF AGENDA BETWEEN PARTS I AND II

That the Agenda as circulated be agreed.

62. URGENT MATTERS

There were no urgent matters, but the Chair confirmed that the next Plans Committee meeting will be held on 16 January 2020.

63. FUTURE SITE VISITS

The Chair informed the Committee that there were currently no site visits planned.

64. PUBLIC PARTICIPATION

The Chair advised the Committee and members of the public of the details in respect of the Council’s public participation scheme.

65. APPEAL DECISIONS SUMMARY

There were no Appeal Decisions.

66. COSTS ON APPEALS

There were no Costs on Appeals.

67. DELEGATED DECISIONS - AGMB APPLICATIONS

The Committee noted the Delegated Decisions.

68. PLANNING APPLICATIONS

The following Councillors had attended the site visit listed below:

(a) Application No. 1/0152/2019/FUL

The following Councillors attended the site visit:

Councillors C Leather, R Lock, R Boughton, R Wiseman and M Brown

Application No. 1/0152/2019/FUL - Creation of 2 dwellings including garages, access and drainage (amended plans and additional information) - Land At Grid Reference 246448 126355, Mines Road, East The Water

Interests: None

Officer recommendation: Grant

Page 5 3

The planning application had been called into Plans Committee by ex Councillor Hellyer because it shared similarities to historical refusals on the site, where the grounds of refusal would still be relevant.

When presenting the application the Principal Planner advised Members of the main planning considerations, and referred particularly to the history to the site, stating that this application is different from a previous application that had been refused by the Inspector.

When debating the application the following concerns/points were raised:

 The situation with regard to the mines workings – Legal advice was given by the Senior Solicitor who stated that the responsibility for the mines lay with the Owners and not with the Planning Authority.

 An objection letter with concerns of overlooking – the Principal Planner advised that unfortunately the objectors had misinterpreted the plans, and there is no issue of overlooking – Plot 1 will be obscure glazing, and Plot 2 due to the high level of the plot, there will be no overlooking.

Following an enquiry from Councillor Lock with regard to the removal of the hedgerow, the Principal Planner agreed to impose an additional condition seeking a Method Statement. It was agreed that the wording of the Condition be delegated to the Principal Planner.

It was proposed by Councillor Watson, seconded by Councillor Lock that the application be approved, subject to the additional condition as stated above, and a recorded vote was taken.

Councillor For Against Abstain Cllr C Leather X Cllr M Brown X Cllr R Boughton X Cllr P Christie X Cllr R Lock X Cllr P Watson X Cllr R Wiseman X

(Vote: Vote: For 6, Abstentions 1)

The Motion was carried

Page 6 4

RESOLVED:

That the application be Granted subject to an additional condition as stated above and the conditions as set out in the report.

(b) Application No. 1/0892/2019/FUL

Application No. 1/0892/2019/FUL - Single storey rear extension - Primrose Bank, Bridgerule, Holsworthy

Interests: None

Officer recommendation: Grant

The planning application had been called into Plans Committee as the applicant is the daughter of Torridge District Councillor James.

The Planning Officer presented the report and informed Members of the main planning considerations.

Following a brief debate it was proposed by Councillor Watson, seconded by Councillor Lock that the application be approved, and a recorded vote was taken.

Councillor For Against Abstain Cllr C Leather X Cllr M Brown X Cllr R Boughton X Cllr P Christie X Cllr R Lock X Cllr P Watson X Cllr R Wiseman X

(Vote: For – Unanimous)

The Motion was carried.

RESOLVED:

That the application be Granted subject to the conditions as set out in the report.

Page 7 5

69. PLANNING DECISIONS

RESOLVED

That the Planning decisions for the period 24 October 2019 to 21 November 2019 be noted.

The meeting commenced at 09.30am and closed at 09.59am

Chair: Date:

Page 8 Agenda Item 10

AGMB DECISIONS 21/11/2019 – 07/01/2020

Application Number Address/Proposal Decision

1/0900/2019/AGMB Prior notification for the Permitted change of use of agricultural building to 1no. dwellings under Class Q and associated operational development

Agricultural Building At Grid Reference 231200 104900, Holsworthy, Devon.

1/0971/2019/AGMB Prior notification for the Permitted change of use of agricultural building to 1no. dwelling under Class Q and associated operational development

Barn At Grid Reference 257022 117175, Roborough, Devon.

1/1024/2019/AGMB Prior notification for the Permitted change of use of agricultural building to 1no. dwelling under Class Q and associated operational development

Barn Opposite Southcott, Frithelstock, Devon.

1/1033/2019/AGMB Prior notification for the Permitted change of use of agricultural building to 3no. dwellings under Class Q and associated operational development

Barns 1, 2 And 3, Firsdon Farm, Ashreigney.

Page 9

1/1045/2019/AGMB Prior notification for the Permitted change of use of agricultural building to 1no. dwelling under Class Q and associated operational development

Barn Opposite The Shippen Caute, Shebbear, Devon.

1/0918/2019/AGMB Prior notification for the Permitted change of use of agricultural building to 1no. dwelling under Class Q and associated operational development

Jenns Farm, Bradworthy, Devon.

Page 10 Agenda Item 11a

Committee Report – 16th January 2020

(Addendum to Committee Report - 7 November 2019)

© ApplicationCrown copyright Number: and database 1/1343/2018/OUTMrights 2012 Ordnance Survey 100022736

Registration date: 4 January 2019

Expiry date: 5 April 2019

Applicant: Baker Estates Ltd

Agent: Mr Simon Collier

Case Officer: Helen Smith

Site Address: Land At Wooda Road, Pitt Lane, Appledore, Devon

Proposal: Outline application for residential development of up to 110 dwellings, public open space and associated infrastructure with all matters reserved except access

Recommendation: Grant

© Crown copyright and database rights 2020 Ordnance Survey 100022736

Page 11

Reason for referral:

The application has been called in by former Councillor Davis for the following reason:

‘I would like a site visit by Plans Committee to see whether such an undertaking of that on Pitt Hill Appledore, along with other developments in close proximity, as it is of my own considered opinion that the proposed development would be likely to create as well as exacerbate a particular traffic problem that is common to all roads that lead to and from the Heywood Roundabout, as I feel the present road system is inadequate for such an undertaking and therefore feel the proposal is contrary to Policy DM05 of the North Devon and Torridge Local Plan’.

Reason for Addendum:

This Addendum is intended to be read in conjunction with the original Committee Report presented to Plans Committee on 7th November 2019. At this Committee Members resolved (as set out in the draft printed minutes):

‘Following further discussion with regard to the viability of the development, it was proposed by Councillor Leather and seconded by Councillor Watson that the application be deferred until January for a second Viability Appraisal for the site to be submitted and a recorded vote was taken.

(Vote: For – 8, Abstentions 1) The motion was carried’.

As per the approved motion, the Council instructed Herridge Property Consulting (HPC) in November 2019 to carry out a further review of the scheme’s viability with the scope of this instruction being to review and assess all of the Applicant’s viability submissions and to offer options as to how the viability could be improved (e.g. through amending the assumed housing mix, changing the balance of obligations etc.). All of the submitted viability details prepared by the Applicant’s consultant, Belvedere Vantage, were provided to HPC. These details have also all been made publicly available, on agreement with the Applicant, Baker Estates.

The Council originally instructed the District Valuation Office (DV) to independently verify the submitted appraisals. The DV subsequently prepared two separate reports and both of these were made available for Members to review, again on agreement with both the Applicant and the DV Officer.

HPC provided their written advice on the 20 December 2019, the findings of which are summarised below. For the avoidance of doubt, HPC did not have access to the DV’s reports as confirmed in Paragraph 1.1 of their written advice.

Relevant History:

Application No. Description Status Closed

1/1540/2002 STABLING FOR PONIES & PER 07.10.2002 SHEEP

Page 12 Site Description & Proposal

The Site: The site is located to the south of Appledore and to the north east of Northam. It forms part of a wider residential allocation in the adopted North Devon and Torridge Local Plan and is located within the development boundary for Appledore.

The site lies approximately half a mile from Appledore village centre and occupies an area of circa 3.75 hectares. It is currently greenfield enclosed by hedgerows and trees. The development site abuts residential land to the north and east and public highway to the south and west.

The site is located within walking distance to the established village centre of Appledore that provides a range of facilities including schools, a variety of shops, places of worship, sports facilities and play areas.

Public transport routes run along Churchill Way with bus stops located close to the western edge of the site.

The site is within Flood Zone 1 so has less than a 0.1% chance of fluvial or tidal flooding in any one year. It is not subject to any landscape or heritage designations. The site is, however, located within the Coast and Estuarine Zone, as identified by the North Devon and Torridge Local Plan.

In terms of topography, the western field is almost flat but the eastern field has a slope that falls from 38 metres AOD to the north to approximately 26 metres AOD to the south-eastern corner. There is a single storey building in the western field located at the northern edge.

There are existing overhead electricity cables running through the site which will be grounded and diverted through the development.

The Proposal: The application is made in outline with all matters reserved other than access for ‘residential development of up to 110 dwellings, public open space and associated infrastructure’. The supporting Design and Access Statement advises there will likely be a mixture of building typologies and sizes ranging from 1 and 2 bed apartments, 2 and 3 bed bungalows and 2, 3 and 4 bed houses.

The application is supported by a series of indicative plans, including an illustrative masterplan. Given the outline nature of the proposal, these plans are for information only, however they serve to demonstrate how the site could be developed for the level of housing proposed.

The illustrative masterplan shows public open space as including a linear green corridor along the southern edge of the site to protect boundary trees and vegetation and utilise far-reaching views to Tapeley House park and gardens. The existing watercourse is shown as diverted alongside the carriageway before reconnecting with its existing alignment through the trees. Open spaces have been created to provide areas of amenity space to the southeast and to the middle of the eastern field, the latter providing a viewing zone for views to the south. Play space has been provided as a mixture of seating/picnic areas and equipped play, complimented by the use of trim trail features to move people through the development.

Supporting information confirms permeability testing has proved that the strata is unsuitable for soakaway drainage. Consequently, the proposed surface water drainage arrangements will include underground tanks, utilisation of the existing watercourse and a new sewer leading to the River Torridge. Foul drainage will be via a new pumping station into the existing foul sewer network. A new sub-station will also be required.

The main access into the site is from a new junction formed onto Wooda Road. There is also a small vehicular access to the pumping station to the east of the site. The existing arrangement from Pitt Hill is proposed to be closed off to vehicles between the point of connection to the northern boundary of

Page 13 the site and Wooda Road. This section would then become a pedestrian/cycle link only. There is a network of footways that will ensure permeability.

The level of parking being proposed is a matter for the detailed stage however the application seeks to achieve a minimum of one space per apartment and two spaces per house.

Consultee representations:

No further comments have been received from statutory consultees since the Plans Committee meeting on the 7th November. All responses that have been received are set out in full in the previous Committee Report.

Representations:

Number of neighbours consulted: 15 Number of letters of support: 0 Number of representations received: 161 Number of neutral representations: 2 Number of objection letters: 158

No further letters of representation have been received since the 7th November Plans Committee and a detailed summary of the 161 comments received was set out in the earlier Committee Report.

Policy Context:

North Devon and Torridge Local Plan 2011-2031: DM01 (Amenity Considerations); DM02 (Environmental Protection); DM04 (Design Principles); DM05 (Highways); DM06 (Parking Provision); DM07 (Historic Environment); DM08A (Landscape and Seascape Character); DM08 (Biodiversity and Geodiversity); DM10 (Green Infrastructure Provision); NOR07 (Site Adjoining Pitt Hill (Appledore)); NOR (Northam Spatial Vision and Development Strategy); ST01 (Principles of Sustainable Development); ST02 (Mitigating Climate Change); ST03 (Adapting to Climate Change and Strengthening Resilience); ST04 (Improving the Quality of Development); ST05 (Sustainable Construction and Buildings); ST06 (Spatial Development Strategy for Northern Devon's Strategic and Main Centres); ST08 (Scale and Distribution of New Development in Northern Devon); ST09 (Coast and Estuary Strategy); ST10 (Transport Strategy); ST14 (Enhancing Environmental Assets); ST15 (Conserving Heritage Assets); ST17 (A Balanced Local Housing Market); ST18 (Affordable Housing on Development Sites); ST23 (Infrastructure);

Government Guidance: NPPF (National Planning Policy Framework); CROW (Countryside and Rights of Way Act 2000); NERC (Natural Environment & Rural Communities); NPPG (National Planning Practice Guidance); WACA (Wildlife & Countryside Act 1981);

Planning Considerations

The main planning considerations of relevance to this proposal are:

1. Principle of Development; 2. Layout and Impact on Landscape Character; 3. Impact on Residential Amenities; 4. Access and Parking; 5. Heritage; 6. Drainage; 7. Ground Conditions and Contamination; 8. Ecology and Trees; 9. Viability and Section 106 Obligations.

Page 14 All of the above considerations were comprehensively addressed within the Officer’s Committee Report dated 7th November 2019 and, with the exception of Viability, are not repeated within this Addendum. The reason for deferring the application related solely to viability and, accordingly, this matter, along with Section 106 obligations, is further considered below.

As advised above, the Council instructed HPC to carry out a further review of the viability evidence submitted in support of the application. Appended to this report, along with previous reports of the DV, is HPC’s written advice. Furthermore, all material submitted by the Applicant, and prepared by Belvedere Vantage, has been made publicly available on the Council’s website.

Any shortfall in infrastructure for the proposed development should be funded by developer contributions in accordance with NDTLP Policy ST23 (Infrastructure), which requires development to provide or contribute towards the timely provision of physical, social and green infrastructure made necessary by the specific or cumulative impacts of those developments. As previously set out in the 7th November Committee Report, the application generates the following infrastructure requirements:

Affordable Housing: NDTLP Policy ST18 sets a requirement for developments of 11 or more dwellings to provide on-site delivery of affordable housing equal to 30% of the number of dwellings on site. Affordable housing is sought at a tenure split of 75% social rent and 25% intermediate in accordance with the mix specified by the Strategic Enabling Officer.

Policy ST18 (5) states that ‘negotiation to vary the scale and nature of affordable housing provision, along with the balance of other infrastructure and planning requirements, will be considered on the basis of a robust appraisal of development viability’.

Paragraph 7.31 clarifies that: ‘it is however accepted that there may be occasions whereby circumstances conspire to mean that the delivery of affordable housing in line with the policy requirements may compromise development viability. The obligation will lie with the developer to provide a robust financial justification to support any proposals failing to meet identified policy requirements. The local planning authority will consider such requests on the basis of an open book financial appraisal of development viability. The Local Planning Authority will normally require the appraisal to be independently verified, with the developer liable for reasonable costs incurred to the local planning authority in doing so. Where it is demonstrated that scheme viability prohibits meeting the full policy requirements for the provision of affordable housing and/or other planning obligations, the local planning authority will enter into negotiations to vary the proportion and/or mix of affordable housing provision’.

Green Infrastructure: In respect of green infrastructure and built recreational facilities, NDTLP Policy DM10 states: ‘Development will provide new accessible green infrastructure, including public open space and built facilities, to meet at least the green infrastructure quantitative and accessibility standards, as set out in Table 13.1 and Infrastructure Delivery Plan, to meet the needs of its intended occupants’. Based on the indicative mix of housing, the application of the provisions of Policy DM10 and associated Table 13.1 of the North Devon and Torridge Local Plan, the LPA’s Green Infrastructure calculator identifies an on-site requirement for 0.843 hectares of open space across different typologies. With this in mind, and as indicated above, your Officers have indicated that the required sports space/parks and gardens element to be provided as more informal recreational space on-site, consistent with the requirements of Policy NOR07. Your Officers have also agreed that it will not be necessary to secure the 0.036-hectare allotment requirement, thus reducing the total requirement to 0.807 hectares. The application proposal also generates a need for off-site built recreation contributions, however given the significant viability issues, and the need for a policy compliant on-site green infrastructure provision; your Officers are not seeking these.

The Applicant has agreed for these 0.807 hectares to be secured via a Section 106 Agreement on a pro rata basis so that any eventual proportion is confirmed according to final dwelling numbers.

Page 15 Highways: As per the obligations set out above, namely £30,000 contribution towards a new zebra crossing at Appledore Primary School and construction of a parking layby on Churchill Way (or financial contribution of £50,000 if, on investigating the extent of works, the Applicant doesn’t provide this themselves).

Education: The Local Education Authority (LEA) is seeking contributions required for education. The LEA has identified that the proposed 110 family type dwellings will generate an additional 27.5 primary pupils and 16.5 secondary pupils which would have a direct impact on Appledore Primary school, St Georges Infant school, St Margaret’s Junior school, and Bideford College. In order to make the development acceptable in planning terms, an education contribution to mitigate its impact will be requested. This is set out below:

‘There is no available primary capacity across the wider Northam and Bideford area and the County Council urgently needs to secure new school provision to meet the needs of the housing growth coming forward across the area. The education strategy for the Northam and Appledore area is for a new primary school to serve the housing development. The Local Plan identifies a school site on the Daddon Hill (NOR01) allocation. Whilst the designated school for this development would be Appledore Primary, this site cannot be expanded further and capacity will be created through a push- back of Northam pupils to the Northam schools. Devon County Council therefore cannot fulfil its statutory responsibilities with regard to pupil provision without new primary provision. When taking into account approved but not yet implemented developments our forecasts show a shortfall of 50 places and therefore a contribution towards primary education would be required.

The contribution sought towards primary is £440,522 (based on the DfE new build rate of £16,019 per pupil). This will relate directly to providing education facilities for those living in the development. We have forecast that the nearest secondary school has currently got capacity for the number of pupils likely to be generated by the proposed development and therefore a contribution towards secondary education would not be sought. In addition, as a new primary school is required, we would also need to request a proportionate land contribution of 10sqm per family-type dwelling. Based upon a land value of £440,000 per hectare, this land contribution would equate to £48,400 and would be used to assist in the procurement of the new school site. In addition, a contribution towards Early Years provision is needed to ensure delivery of provision for 2, 3 and 4 year olds. This is calculated as £27,500 (based on £250 per dwelling). This will be used to provide early years provision within the new school for children likely to be generated by the proposed development’.

Given the above position, it is considered reasonable to secure the requested LEA contributions towards primary and early years and for this eventual sum to be calculated on the basis of the final housing numbers and mix that come forward. The Local Planning Authority has however questioned the justification for a land contribution of £48,400 to be secured when the land for a new primary school has already been secured through the granting of outline planning permission at Daddon Hill. The LEA has explained that they are still seeking the requested land contribution in case the Daddon site does not come forward.

There is no evidence to suggest that the Daddon Hill development will not come forward and, given the marginal viability for this application site, it is not considered reasonable or appropriate to seek the requested land contribution.

Biodiversity: As indicated above, in order to meet the requirement for a 10% net gain in biodiversity, the proposal includes a financial contribution of £32,950 towards off-site enhancements to be implemented by the North Devon Biosphere.

Viability Assessment: The Applicant has submitted viability appraisals that demonstrate how with a policy compliant level of contributions, the development would be unviable. The Applicant has agreed that these appraisals, prepared by Belvedere Vantage, can be made available for Members of the Plans Committee to view

Page 16 on the Council’s website, in line with the requirements of the National Planning Policy Practice Guidance (NPPG). As indicated above, Policy ST18 allows for negotiation to vary the scale and nature of affordable housing provision, along with the balance of other infrastructure and planning requirements, on the basis of a robust appraisal of development viability. The DV was instructed to independently verify the submitted viability information and the assigned DV Officer has provided two written reports to the Council, both of which are appended to this Committee Report for Member’s ease of reference.

The application proposal is unviable when assuming a policy compliant level of planning obligations. This is primarily due to abnormal development costs relating to surface water drainage, the topography of the site and the application of a median build rate.

Given the significant difference in scheme viability when applying median versus lower quartile build rates, your Officers sought further evidence and comfort that the median build rate is appropriate in this instance. On this matter, the DV Officer previously advised that:

‘In this case, whilst observing that in schemes of over 100 units we would tend to use the lower quartile build cost, I adopted median reflecting the quality of the proposed scheme, assuming that it would be constructed by the applicants. I remain of that view, and would also observe that the overall number of units has now fallen to 102, and therefore much closer to an indicative scale that would assume median rather than lower quartile. I have to assess the scheme as proposed, and on this basis, I remain of the view that the use of the median build cost is reasonable in this case’.

The DV Officer’s second letter of advice concluded that:

‘Based on their re-assessment and latest submission, the applicants contend that the net effect of the changes suggested indicate a further negative impact on viability of circa £1,249,800. This would render a previously assessed lack of viability, even with no affordable housing provision, considerably worse.

I have re-assessed the scheme as proposed based on my original assumptions, as amended above. My appraisal is attached at appendix A to this letter, and shows that the previously assessed marginally viable scheme with no affordable housing worsens to a deficit of circa £655,000. This still assumes other s106 contributions as stated.

Such a deficit would imply that the land value be reduced to say £405,000 (or circa £44,000 per gross acre), which is considered to be unrealistically low; or a reduction in developer profit to circa 15%. I have also re-assessed the scheme on the basis of an assumption that it is developed more economically and to a lower standard by a volume housebuilder, assuming a plot build cost based on lower quartile BCIS. My appraisal summary in this regard is attached at appendix B. This shows that a more hypothetical scheme of the same scale and property types, however assuming a volume housebuilder; could yield a circa 9% on-site affordable housing provision, together with the other s106 contributions as stated’.

HPC in carrying out a further review of the submitted viability details has confirmed they agree with the approach taken and consider it to be in compliance with the relevant guidance to be adopted in preparing viability appraisals for use in the planning process.

Members discussed developer profit at the 7th November Plans Committee and, on this matter, HPC advise ‘in our opinion, the blended rate of return adopted by BVL in this case, is appropriate for the reasons they set out and it represents a fair, if not slightly low, level of return for a residential development of the size and type proposed in this location’.

HPC have provided a comprehensive and detailed review of the various elements of the Applicant’s viability appraisals, as set out in their written advice with conclusions provided in Section 32. HPC conclude that Belvedere Vantage have carried out an extensive amount of work appraising a variety of options. On reviewing the relevant summary appraisals, HPC conclude that given the residual outcomes are in most cases negative, that the Applicant has thoroughly considered how variations in

Page 17 unit numbers, housing mix and planning obligations could lead to a better outcome. HPC advises the Council that further consideration of alternative development layouts, with differing housing mixes and unit sizes/densities, will have little impact and are unlikely to produce a better outcome for the Council. HPC’s position is therefore consistent with the DV Officer in confirming a negative residual value for the scenario providing 0% affordable housing but with all other Section 106 obligations.

In light of Members discussions on the 7th November, HPC has also commented on how a reduction in Section 106 obligations, particularly in terms of education, could make a difference to the number of affordable dwellings that could be provided. Having looked at some indicative costs for additional affordable housing provision, HPC advises an indicative cost range either side of £150,000. Therefore, on the basis of this advice, any reduction in financial contributions can be assumed to equate to one extra affordable dwelling per £150,000.

HPC concludes that the Applicant has undertaken a thorough piece of work with the viability information that has been submitted and that the Council can rely on this in informing their decision taking.

The Strategic Enabling Officer has been involved in discussions on viability and advises:

‘Therefore if there is an acceptance here that the design and quality of the development as proposed by the applicant is material in this circumstance, and as such the associated detrimental impact on the level of affordable housing to be provided is deemed justified, it is imperative that measures are put in place to ensure that if a lesser design is submitted at Reserved Matters stage and/or a volume house builder acquires the site, then affordable housing is secured at the rate of 9% provision across the development’.

Your Officers have previously advised in the 7th November Committee Report that a high-quality development is essential on this allocated site and how they are of the firm view that the Applicant, Baker Estates, is an appropriate fit in terms of the build quality. In reviewing other developments undertaken by the Applicant, the contents of the Design and Access Statement and the comments made by the Design Review Panel, your Officers feel that the Applicant is well placed to deliver a high-quality scheme and that this would be preferable to a volume housebuilder in this location. Therefore, in in the interests of securing a high-quality development, and in recognition of the challenging viability position, your Officers accept the median build rate. However, as urged by both the DV Officer and the Strategic Enabling Officer, it is considered appropriate to include a clause in any Section 106 Agreement requiring a viability review should the site be sold to and developed by an alternative developer. Furthermore, and as set out above, a condition is recommended to require a design code/approach and housing mix to be agreed prior to the submission of reserved matters. On the basis of both the Section 106 clause and suggested condition, your Officers are satisfied that a high-quality development commensurate with the suggested median build rate can be secured.

Notwithstanding the significant viability issues as set out above and in the appended DV Officer’s report, and confirmed as being accurate by HPC, the Applicant is offering 5% affordable housing across the development. The Strategic Enabling Officer has advised that this should be secured on the basis of 2 x 2 bed units and 3 x 3 bed units, assuming 5 units are proposed, and for there to be the required split of 75% social rent and 25% intermediate. The Applicant has been asked on what basis they are able to provide this affordable housing, given the clear viability issues. They have confirmed that any such commitment is at risk and that it would be their profit margins that would be adjusted accordingly. Given this, it is considered that Members of the Plans Committee can apply weight to this offer in their decision making and that a 5% affordable housing provision should be secured via the Section 106 Agreement.

Conclusion The application site forms a significant element of residential allocation NOR07 and therefore the principle of residential development is acceptable in this location. The proposed development would make a significant contribution to the District’s housing needs and it is understood that the Applicant would be looking to commence on site in 2020 meaning the proposal would support the Council’s five-

Page 18 year housing delivery. The site is considered to be in a sustainable location, as reflected in its allocation for residential development.

The application proposal is considered to meet technical planning requirements in respect of vehicular access and parking, amenity, foul and surface water drainage, ground conditions and ecology, subject to detailed design and the inclusion of appropriate conditions on any planning permission.

The application is made in outline and therefore detailed designs are not for consideration at this stage. However, the detailed Design and Access Statement, Landscape and Visual Impact Assessments, Building for Life 12 Assessment and comments made by the Design Review Panel all lead to your Officers having confidence that the Applicant is well placed to deliver a suitably designed and high-quality scheme at reserved matters stage. There is some flexibility over final numbers with ‘up to 110 dwellings’ being proposed alongside a policy compliant quota of public open space taking the form of areas for both formal and informal recreation as well as green amenity space.

Due to viability issue, the application is unable to make a policy compliant offer in terms of necessary infrastructure. The District Valuation Office has confirmed this and advised the Local Planning Authority that in applying the median built rate, the scheme is unable to deliver any affordable housing. As requested by Members and the reason for deferral of the application on the 7th November 2019; further viability advice has been sought. The written advice provided by HPC confirms the previously reported position on viability. Notwithstanding this, the Applicant continues to offer 5% affordable across the site, which along with the other stated planning obligations, would be secured via a Section 106 Legal Agreement. HPC has further advised that any reduction in financial contributions would equate to in the region of £150,000 per additional affordable dwelling.

Given the above, and in light of the further advice sought on viability, your Officers remain of the view that the proposed development is considered to be in accordance Policies ST03, ST04, ST06, ST08, ST10, ST14, ST15, ST17, ST18, ST23, NOR, NOR07, DM01, DM02, DM04, DM05, DM06, DM07, DM08A, DM08, DM10 and DM08A of the North Devon and Torridge Local Plan (2018) and the relevant provisions of the NPPF.

Human rights

Consideration has been given to the Human Rights Act 1998.

Conclusion

It is therefore considered that subject to the compliance with the attached conditions and taking into account all other material planning considerations, including the development plan the proposal would be acceptable.

Recommendation

GRANT subject to the conditions detailed below and the prior satisfactory completion of a Section 106 Agreement covering the above matters:

1. The development hereby permitted shall be begun either before the expiration of three years from the date of this permission, or before the expiration of two years from the date of approval of the last of the reserved matters to be approved, whichever is the later.

Reason: To comply with the provisions of Section 92 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

2. Prior to the commencement of each phase of the development details of the following matters for that phase (in respect of which approval is expressly reserved) shall be submitted to, and approved in writing by, the Local Planning Authority: (a) The scale of the development;

Page 19 (b) The layout of the development; (c) The external appearance of the development; (d) The landscaping of the site;

The development shall be carried out in accordance with the approved details.

Reason: The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Article 3(1) of the Town and Country Planning (General Development Procedure) Order 1995.

3. For those matters not reserved for later approval, the development hereby permitted shall be carried out in accordance with the approved plans listed in the Plans Schedule.

Reason: To ensure the development is carried out in accordance with the approved plans.

4. As part of the first reserved matters application a detailed phasing plan for the whole site shall be submitted to the local planning authority for approval in writing. The phasing plan shall include details of: a) intended number of market and affordable dwellings for each phase; b) general locations and phasing of key infrastructure including, surface water drainage, green infrastructure, and access for pedestrians, cyclist, buses and vehicles; c) Timing and delivery of the road improvements and closure of Pitt Lane; and d) Timing and delivery of the footway improvements. The development shall be carried out in accordance with the approved phasing plan.

Reason: To enable the development to be delivered in controlled phases.

Advisory note: The developer is advised that the works to close Pitt Lane to vehicular traffic will first require the determination of a Traffic Regulation Order.

5. The reserved matters shall be carried out in accordance with a Design Code which shall be submitted before or at the same time as the first reserved matters application and shall provide details of the following: a) architectural and design principles; b) a schedule of materials and finishes for buildings and, where so required by the Local Planning Authority, samples of such materials and finishes; c) the identification of character areas including street types, street materials and street furniture; d) landmark buildings; e) housing unit sizes and mix; f) external lighting; g) boundary treatments; h) roofscapes; i) the road hierarchy type and standard; j) car and cycle parking; k) footpath and cycleway networks including any internal/external links; l) parking; m) existing landscape features to be retained; n) details and location of areas of open space; o) proposed landscape framework, including structural planting; p) details of any ground re-contouring or remodeling required within the site; q) foul and surface water drainage; r) the identification of design areas: general layout, built form and design principles with special regard to the sensitive sub-phases including appropriate separation from stables adjoining the site.

Page 20 The Design Code shall be developed in accordance with the principles set out in the Design and Access Statement prepared by Focus on Design and submitted with this outline planning application.

The development shall be carried out in accordance with the agreed details.

Reason: To define the details of the proposal and to ensure a high standard of design is achieved in the interests of the appearance and character of the area in accordance with North Devon and Torridge Local Plan Policies ST04, NOR07, DM04 and DM08A.

6. Prior to the commencement of development, including any site clearance, groundworks or construction within each sub-phase (save such preliminary or minor works that the Local Planning Authority may agree in writing), a Construction Management Plan (CMP) to manage the impacts of construction during the life of the works, shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt, the CMP shall include:-

a) measures to regulate the routing of construction traffic; b) the times within which traffic can enter and leave the site; c) the importation of spoil and soil on site; d) the removal /disposal of materials from site, including soil and vegetation; e) the location and covering of stockpiles; f) details of measures to prevent mud from vehicles leaving the site and must include wheel- washing facilities g) control of fugitive dust from demolition, earthworks and construction activities; dust suppression h) measures for the control of noise, vibration and lighting which demonstrate the adoption and use of best practice to reduce impacts. i) details of any site construction office, compound and ancillary facility buildings j) specified parking arrangements for vehicles associated with the construction works and the provision made for access thereto; k) a point of contact (such as a Construction Liaison Officer/site manager) and details of how complaints will be addressed

The details so approved and any subsequent amendments as shall be agreed in writing by the local Planning Authority shall be complied with in full and monitored by the applicants to ensure continuing compliance during the construction of the development.

Reason: To minimise the impact of the works during the construction of the development in the interests of highway safety and the free flow of traffic and to safeguard the amenities of the area in accordance with Policies DM01, DM02 and DM04 of the North Devon and Torridge Local Plan.

7. A noise control scheme shall be submitted detailing appropriate noise mitigation measures in accordance with the ProPG Stage 2 + BS4142:2014 Assessment dated 15 March 2019. The noise control scheme must be based on the assessment methodology in BS4142:2014 and shall be submitted to and approved by the Local Planning Authority prior to development commencing. All mitigation works, as approved, shall be completed prior to the occupation of any dwellings.

Reason: To protect the amenities of occupants of the approved development in accordance with North Devon and Torridge Local Plan Policies DM01, DM02 and DM04.

8. A waste audit statement shall be submitted as part of the first reserved matters application. This statement shall include all information outlined in the waste audit template provided in Devon County Council's Waste Management and Infrastructure Supplementary Planning Document. The development shall be carried out in accordance with the approved statement.

Page 21 Reason: To minimise the amount of waste produced and promote sustainable methods of waste management in accordance with Policy W4 of the Devon Waste Plan and the Waste Management and Infrastructure Supplementary Planning Document.

9. The primary Wooda Road site access and visibility splays shall be constructed, laid out and maintained for that purpose in accordance with the approved plans (18002-SK007-A) where the visibility splays provide intervisibility between any points on the X and Y axes at a height of 1.05 metres above the adjacent carriageway level and the distance back from the nearer edge of the carriageway of the public highway (identified as X) shall be at least 2.4 metres and the visibility distances along the nearer edge of the carriageway of the public highway ( identified as Y ) shall be at least 43 metres in both directions.

Details of the secondary Wooda Road access serving the pumping station and the point of vehicular connection to Pitt Lane shall be considered at reserved matters stage.

Reason: To provide a satisfactory access to the site and to provide adequate visibility from and of emerging vehicles.

10. Provision shall be made within the site for the disposal of surface water so that none drains on to any County Highway.

Reason: In the interest of public safety and to prevent damage to the highway.

11. Any proposed estate road, cycleways, footways, footpaths, verges, junctions, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, road maintenance/vehicle overhang margins, embankments, visibility splays, accesses, car parking and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins, For this purpose, plans and sections indicating, as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority.

Reason: To ensure that adequate information is available for the proper consideration of the detailed proposals.

12. No part of the development hereby approved shall be occupied until: A) The access road has been laid out, kerbed, drained and constructed up to base course level for the first ten metres back from its junction with the public highway B) The ironwork has been set to base course level and the visibility splays required by this permission laid out C) The footway on the public highway frontage required by this permission has been constructed up to base course level D) A site compound and car park have been constructed to the written satisfaction of the Local Planning Authority

Reason: To ensure that adequate on-site facilities are available for all traffic attracted to the site during the construction period, in the interest of the safety of all users of the adjoining public highway and to protect the amenities of the adjoining residents.

13. The occupation of any dwelling in an agreed phase of the development shall not take place until the following works have been carried out to the written satisfaction of the Local Planning Authority: A) The spine road and cul-de-sac carriageway including the vehicle turning head within that phase shall have been laid out, kerbed, drained and constructed up to and including base course level, the ironwork set to base course level and the sewers, manholes and service crossings completed; B) The spine road and cul-de-sac footways and footpaths which provide that dwelling with direct pedestrian routes to an existing highway maintainable at public expense have been constructed up to and including base course level;

Page 22 C) The cul-de-sac visibility splays have been laid out to their final level; D) The street lighting for the spine road and cul-de-sac and footpaths has been erected and is operational; E) The car parking and any other vehicular access facility required for the dwelling by this permission has/have been completed; F) The verge and service margin and vehicle crossing on the road frontage of the dwelling have been completed with the highway boundary properly defined; G) The street nameplates for the spine road and cul-de-sac have been provided and erected.

Reason: To ensure that adequate access and associated facilities are available for the traffic attracted to the site

14. No part of the development hereby permitted shall be commenced until the detailed design of the proposed permanent surface water drainage management system has been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. The application for the detailed drainage should be submitted and agreed at the same time that the reserved matters for layout are submitted and agreed. The design of this permanent surface water drainage management system will be in accordance with the principles of sustainable drainage systems, and those set out in the Surface Water Discharge Feasibility Assessment, Report Ref 18002 - Feasibility Statement B dated April 2019 and Flood Risk Assessment and Drainage Strategy Report Ref 18002 First Issue dated December 2018 or such other system that achieves a sustainable drainage system approved by the Local Planning Authority. No part of the development shall be occupied until the surface water management scheme serving that part of the development has been provided in accordance with the approved details and the drainage infrastructure shall be retained and maintained for the lifetime of the development.

Reason: To ensure that surface water runoff from the development is managed in accordance with the principles of sustainable drainage systems.

15. No part of the development hereby permitted shall be commenced until the detailed design of the proposed surface water drainage management system which will serve the development site for the full period of its construction has been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. This temporary surface water drainage management system must satisfactorily address both the rates and volumes, and quality, of the surface water runoff from the construction site.

Reason: To ensure that surface water runoff from the construction site is appropriately managed so as to not increase the flood risk, or pose water quality issues, to the surrounding area.

This pre-commencement condition is required to ensure that surface water can be managed suitably without increasing flood risk downstream, negatively affecting water quality downstream or negatively impacting on surrounding areas and infrastructure.

16. No part of the development hereby permitted shall be commenced until the full details of the adoption and maintenance arrangements for the proposed permanent surface water drainage management system have been submitted to, and approved in writing by, the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority.

Reason: To ensure that the development’s permanent surface water drainage management systems will remain fully operational throughout the lifetime of the development.

This pre-commencement condition is required to ensure that suitable plans are in place for the maintenance of the permanent surface water drainage management plan, for the reason above.

Page 23 17. Unless otherwise agreed by the Local Planning Authority, development other than that required to be carried out as part of an approved scheme of remediation must not commence until conditions 1 to 4 have been complied with. If unexpected contamination is found after development has begun, development must be halted on that part of the site affected by the unexpected contamination to the extent specified by the Local Planning Authority in writing until condition 4 has been complied with in relation to that contamination.

1. Site Characterisation An investigation and risk assessment, in addition to any assessment provided with the planning application, must be completed in accordance with a scheme to assess the nature and extent of any contamination on the site, whether or not it originates on the site. The contents of the scheme are subject to the approval in writing of the Local Planning Authority. The investigation and risk assessment must be undertaken by competent persons and a written report of the findings must be produced. The written report is subject to the approval in writing of the Local Planning Authority. The report of the findings must include: (i) a survey of the extent, scale and nature of contamination; (ii) an assessment of the potential risks to: • human health, • property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes, • adjoining land, • groundwaters and surface waters, • ecological systems, • archaeological sites and ancient monuments; (iii) an appraisal of remedial options, and proposal of the preferred option(s). This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’. Approval by the Local Planning Authority of the report submitted at this stage will confirm whether there is a need to undertake remediation measures under conditions 2, 3 and 5 below.

2. Submission of Remediation Scheme A detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the Local Planning Authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation.

3. Implementation of Approved Remediation Scheme The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority must be given two weeks written notification of commencement of the remediation scheme works. Following completion of measures identified in the approved remediation scheme, a verification report (referred to in PPS23 as a validation report) that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the Local Planning Authority.

4. Reporting of Unexpected Contamination In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment must be undertaken in accordance with the requirements of condition 1, and where remediation is necessary a remediation scheme must be prepared in accordance with the requirements of condition 2, which is subject to the approval in writing of the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report must be prepared, which is subject to the approval in writing of the Local Planning Authority in accordance with condition 3.

Page 24

5. Long Term Monitoring and Maintenance Where an approved remediation scheme includes a requirement for a monitoring and maintenance scheme to ensure the long-term effectiveness of the proposed remediation over time, a report setting out monitoring and maintenance requirements must be submitted in writing for the prior approval of the Local Planning Authority. Following completion of the measures identified in that scheme and when the remediation objectives have been achieved, reports that demonstrate the effectiveness of the monitoring and maintenance carried out must be produced, and submitted to the Local Planning Authority. This must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’.

Reason (common to all): To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.

18. Construction works shall not take place other than between 0700 and 1900hrs on Mondays to Fridays, Saturdays between 0800 and 1300hrs and at no time on Sundays and Bank Holidays.

Reason: To protect the amenities of neighbouring properties.

19. No development shall take place until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation (WSI) which has been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out at all times in accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the Local Planning Authority.

Reason: To ensure, in accordance with Policy DM07 of the North Devon and Torridge Local Plan 2011 - 2031 and paragraph 199 of the National Planning Policy Framework (2018), that an appropriate record is made of archaeological evidence that may be affected by the development.

This pre-commencement condition is required to ensure that the archaeological works are agreed and implemented prior to any disturbance of archaeological deposits by the commencement of preparatory and/or construction works.

20. Prior to the commencement of any development hereby granted planning permission and before any equipment, machinery or materials are brought onto the site for the purposes of the development hereby granted planning permission, site specific details of the specification and position of the fencing for the protection of any retained tree/group of trees, a tree constraints report and plan in accordance with the recommendations in BS5837:2012, together with a site specific arboricultural impact assessment and arboricultural method statement shall be submitted to and approved in writing by the Local Planning Authority.

The works shall be carried out as approved and the fencing shall be erected prior to the commencement of any of the development hereby permitted and shall be maintained until the development has been completed and all equipment, machinery and surplus materials have been removed from the site.

Reason: To protect the trees to be retained on this site from damage before and during the course of development.

This pre-commencement condition is required to ensure that the Local Planning Authority is satisfied of the proposed tree and landscaping works prior to works commencing on site.

Page 25 Failure to provide this information prior to works commencing on site could lead to the loss of existing trees and/or hedges which are of amenity value.

21. The development shall be carried out in strict accordance with Section 4 of the Ecological Impact Assessment (EIA) dated December 2018 and the Biodiversity Position Statement dated 6 September 2019, both prepared by ead Ecology. Prior to the commencement of development, both a Construction and Ecological Management Plan (CEMP) to detail measures to ensure habitat and species protection during construction and a Landscape and Ecological Management Plan (LEMP) to detail how retained and proposed habitats will be managed in the long term, will be submitted to and approved in writing by the Local Planning Authority. The required management plans and strategies shall include conservation audit and monitoring provisions to measure the success or otherwise of their implementation.

The approved mitigation measures shall be implemented both during and post construction in accordance with the approved details. Post construction mitigation measures shall be maintained in perpetuity.

Reason: To ensure the interests of protected species on the site are maintained and to achieve biodiversity enhancement in accordance with North Devon and Torridge Local Plan Policies ST14 and DM08.

22. The application for the approval of Reserved Matters required by Condition 1 shall specify as (datum) the proposed finished floor levels of all buildings and other proposed site construction levels in relation to existing ground levels. The agreed construction levels shall be implemented as approved.

Reason: The application is made in outline and building levels relative to existing levels on the sloping site are required to ensure that construction levels are the optimum in the interests of minimising the visual impact of the development in the countryside.

Plans Schedule

Reference Received

LOCATION PLAN 20.12.2018

18002-SK007-A 04.01.2019

18002-SK008 04.01.2019

Statement of Engagement

The National Planning Policy Framework (paragraphs 38) requires local planning authorities to work positively and proactively with applicants to achieve sustainable development. Throughout the application process guidance has been given to the applicants and all outstanding issues have been identified.

In this instance the Council required additional information following the consultation process in respect of a number of material planning issues, including highways, amenity (noise and amenity), ecology, green infrastructure and viability. The need for additional information was addressed with the applicant and submitted for further consideration.

The Council has therefore demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Agenda Item 11b

Committee Report – 16 January 2020

© ApplicationCrown copyright Number: and database 1/0960/2019/FULrights 2012 Ordnance Survey 100022736

Registration date: 28 October 2019

Expiry date: 23 December 2019

Applicant: Mrs Jo Wade

Agent: GM Planning

Case Officer: Helen Smith

Site Address: South Yeo, Yeo Vale, Bideford, Devon, EX39 5ES,

Proposal: Removal of condition 4 (ancillary accommodation) of planning permission 1/1019/2018/FUL

Recommendation: Grant

© Crown copyright and database rights 2020 Ordnance Survey 100022736

Page 67

Reason for referral:

This planning application is brought before members of the Plans Committee for consideration due to the Applicant being related to a Council member of staff.

Relevant History:

Application No. Description Status Closed

1/1302/2003/LBC Alterations to window to form PER 11.09.2003 doors

1/1860/2003/COU Conversion of barn to form PER 19.11.2003 pool

1/1905/2003/LBC Conversion of barn to form PER 19.11.2003 pool

1/1019/2018/FUL Conversion of redundant PER 01.03.2019 agricultural barn to dwelling

1/1020/2018/LBC Conversion of redundant PER 01.03.2019 agricultural barn to dwelling

1/0007/2019/DIS Discharge of condition 6 of PER 27.06.2019 planning permission 1/1019/2018/FUL

Site Description & Proposal

The Site South Yeo occupies a rural location within the Yeo Valley. The property is accessed directly via a rural lane which has two access points off of the county highway road the C461. The site occupies an elevated position above the valley and main highway below and is well screened with mature planting and trees.

South Yeo was formally a farmstead with the main dwelling being an early C19 farmhouse (which is Grade II listed) with traditional farm buildings to the rear. A high natural stone garden wall is located to the east of the farmhouse forming separation to the formal gardens. Immediately adjacent to the rear of the farmhouse is the building the subject of this application, which comprises a two storey stone and cob barn, with single storey additions to the east. The barn is linear in form and, due to its proximity to the listed farmhouse, it is considered listed by association. The building has been adapted and altered over time to suit functional needs with some unsympathetic alterations and use of non-traditional materials.

The site is Grade II Listed with the listed description stating as follows: 'SS42SW6/196South Yeo ll PARKHAM YEO VALE SS42SW 6/196 South Yeo II House. Early C19 (c. 1830) refronting and remodelling of earlier house. Colourwashed render over cob and stone; gabled slate roofs, hipped to front; rendered brick end stacks. Double-depth plan, with additional wings flanking two sides of yard to rear. 2 storeys; 5-window range. 6-panelled door on left, set within panelled reveals and pedimented architrave with fluted pilasters; C20 glazed door to right set in raised stone architrave. Flat rendered architraves over early C19 sixteen-pane sashes, including blind window to left; bracketed eaves. Left side wall has round-arched stair light. Two horizontal sliding sashes to rear left. Interior: panelled doors set in moulded wood architraves; stone winder stairs to cellar.'

The application site has previously been granted planning and listed building consents under applications 1/1019/2018/FUL and 1/1020/2018/LBC for the conversion of barn to dwelling. Condition 6 of planning permission 1/1019/2018/FUL states:

Page 68 ‘Prior to the commencement of any other part of the development hereby permitted, details of the required access improvements to improve visibility onto the C461 shall be submitted to and approved in writing by the Local Planning Authority. These works are to be provided on land within the ownership of the Applicant. The approved access works shall be provided and maintained in accordance with the approved details, prior to the development hereby approved coming into use. The agreed details once implemented shall thereafter be retained as such.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site and to improve visibility for vehicles exiting onto the C461 in accordance with North Devon and Torridge Local Plan Policies ST10 and DM05 and Paragraph 109 of the National Planning Policy Framework’.

Details of the required access improvements were submitted to discharge Condition 6 under application 1/0007/2019/DIS. These details were approved in writing on the 27th June and have since been carried out to provide improved visibility in an easterly direction onto the C461.

The Proposal The application seeks planning permission under Section 73 for the removal of condition 4 of planning permission 1/1019/2018/FUL.

Condition 4 states: ‘The dwelling hereby permitted shall be used solely for residential purposes ancillary to and in connection with the existing dwelling known as South Yeo and shall not be used as a unit of holiday accommodation nor sold off as a separate dwelling.

Reason: The visibility splays from the nearest two side roads onto the C461 road are severely substandard. The use of the application site for holiday accommodation would attract drivers unfamiliar with driving on these local roads and their conditions and would result in a severely unacceptable impact on highway safety’.

Consultee representations:

Parkham Parish Council: Parkham Parish Council wish to recommend approval.

Devon County Council (Highways): Standing advice.

Conservation Officer: No observations.

Representations:

Number of neighbours consulted: 1 Number of letters of support: 0 Number of representations received: 0 Number of neutral representations: 0 Number of objection letters: 0

No letters of representation have been received.

Policy Context:

North Devon and Torridge Local Plan 2011-2031: DM01 (Amenity Considerations); DM04 (Design Principles); DM05 (Highways); DM07 (Historic Environment); DM08A (Landscape and Seascape Character); DM08 (Biodiversity and Geodiversity); DM27 (Re-use of Rural Buildings); ST04 (Improving the Quality of Development); ST07 (Spatial

Page 69 Development Strategy for Northern Devon's Rural Area); ST10 (Transport Strategy); ST14 (Enhancing Environmental Assets); ST15 (Conserving Heritage Assets);

Government Guidance: NERC (Natural Environment & Rural Communities); NPPF (National Planning Policy Framework); NPPG (National Planning Practice Guidance); WACA (Wildlife & Countryside Act 1981);

Planning Considerations

The main planning considerations of relevance to this proposal are the principle of development and highways.

The proposed design and any associated impact on the listed building have already been considered in the context of applications 1/1019/2018/FUL and 1/1020/2018/LBC; there are no physical changes proposed as part of this Section 73 application. Similarly, amenity impacts have previously been given due consideration as have drainage and ecology matters and there is nothing within this current Section 73 application to require further discussion on these issues.

In this case, the previous judgements made by the Local Planning Authority during planning application 1/1019/2018/FUL are considered to be applicable now. This proposal does not amount to a fundamental alteration of 1/1019/2018/FUL in terms of the nature and scale of the scheme, and thus a Section 73 is acceptable. The proposed removal of Condition 4 would result in no conflict with the original description of development, which states ‘conversion of barn to dwelling’.

The Principle of Development: Paragraph 2 of the National Planning policy Framework (NPPF) states that planning law (namely Section 38(6) of the Planning & Compulsory Purchase Act 2004 and Section 70(2) of the Town & Country Planning Act 1990) requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. The NPPF must be taken into account in the preparation of local and neighbourhood plans, and is a material consideration in planning decisions.

In policy terms, the entire site is located within the open countryside. Policy ST07 of the North Devon and Torridge Local Plan (NDTLP) states that 'in the countryside, beyond local centres, villages and rural settlements, development will be limited to that which is enabled to meet local economic and social needs, rural building reuse and development which is necessarily restricted to a countryside location'.

The principle of conversion has already been established as being in accordance with NDTLP Policies ST07 and DM27 through the granting of planning permission 1/1019/2018/FUL.

The application is seeking the removal of a condition that restricts the occupation of the authorised dwelling to be used ‘solely for residential purposes ancillary to and in connection with the existing dwelling known as South Yeo and shall not be used as a unit of holiday accommodation nor sold off as a separate dwelling’. The reason for this condition related solely to highway safety and primarily to prevent use of the dwelling for holiday purposes as such use would attract drivers unfamiliar with driving on these local roads thus resulting in a severely unacceptable impact on highway safety. The dwelling was not permitted as an annexe under Policy DM25 but its occupancy was restricted so as to secure the sensitive re-use of the listed building but to minimise the risk of serious accidents at the point of access onto the C461.

The Supporting Statement submitted with the application argues that the condition should be removed as it is not necessary due to the conversion fully complying with NDTLP Policy DM27. The Committee Report associated with application 1/1019/2018/FUL clearly advised that the proposed conversion would be contrary to Policy DM27 (d), which requires ‘suitable highway access can be provided and the surrounding highway network can support the proposed use’. Notwithstanding this conflict, the

Page 70 benefit of securing a viable use for the listed building was balanced against the highway safety concerns and Condition 4 was considered necessary to enable a positive recommendation.

Given this background, it is the case that the principle of an unrestricted dwelling is acceptable at the application site; however, Condition 4 was imposed due to concerns over highway safety and in order to restrict occupation for this reason with reference to NDTLP Policies DM05 and DM27 (d). The acceptability of the proposal to remove Condition 4 therefore needs to be considered in terms of highway safety and in light of the visibility improvements that have been implemented, as discussed below.

Highways: NDTLP Policy DM05 requires development to have safe and well-designed vehicular access and egress, adequate parking and layouts which consider the needs and accessibility of all highway users including cyclists and pedestrians, and all development shall protect and enhance existing public rights of way, footways, cycleways and bridleways and facilitate improvements to existing or provide new connections to these routes where practical to do so.

Paragraph 109 of the NPPF advises that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or where the residual cumulative impacts of development are severe.

The site is accessed directly at two points from an unclassified rural lane. Given the low levels of traffic that would use this lane, and the equally low speeds at which they would travel, the immediate points of access are considered acceptable. There are, however, significant highway safety concerns over the two possible access points on to the main road north of the site, named the C461.

An application of this scale would normally be subject to Devon County Council's Standing Advice, however on carrying out a site inspection when considering application 1/1019/2018/FUL, your Officer considered it necessary to consult with the Local Highway Officer. The Highway Officer noted that the C461 is a two-lane rural road, subject to the national speed limit with an estimate of speeds to be in the region of 50 to 60mph at the two possible access points onto this road. The Highway Officer confirmed that the visibility splays from these two side roads onto the C461 are severely substandard and how using the eastern junction to turn west or western junction to turn east would be problematic due to the alignment of the road and complete lack of any visibility. The concerns over safety were so great that the Highway Officer considered it is not possible to safely stop on this road and measure the splays, but based on desk based mapping tools he estimated that the eastern junction has less than 5 metres visibility to the west and no more than 10 metres to the east; and that the western junction has 8 metres visibility to the east and 37 metres to the west. In either case, to oncoming traffic (east), visibility was severely limited. The required visibility splays to a 60mph road is 215 metres in both directions to the nearside carriageway edge from 2.4 metres behind the carriageway edge.

Given the above, the Highway Officer concluded that the proposed conversion to a dwelling, and if used as holiday accommodation, would not only add additional traffic to the road network, using the aforementioned severely substandard and unsafe junctions, it would attract drivers unfamiliar with driving on these local roads and their conditions. Consequently, the Highway Officer recommended refusal of the proposal as originally submitted for holiday accommodation.

The Highways Officer's concerns were discussed with the Applicant and in recognition of the benefits of bringing this heritage asset into a viable use, an alternative option was put forward whereby the building could be converted to a dwelling that would be tied to South Yeo to be occupied in an ancillary manner. Furthermore, it was suggested that any decision should include a condition preventing the use of the converted building as holiday accommodation. At this time, your Officer believed that such an approach would be a compromise to secure the retention of the building whilst also addressing the concerns over highway safety.

Despite the Highway Officer maintaining his view that the application should be refused due to the highway safety issues, even with the agreed occupancy restrictions, Members of the Plans

Page 71 Committee resolved to approve the application as per the Officer recommendation. Members did, however, request an additional condition as follows:

‘Prior to the commencement of any other part of the development hereby permitted, details of the required access improvements to improve visibility onto the C461 shall be submitted to and approved in writing by the Local Planning Authority. These works are to be provided on land within the ownership of the Applicant. The approved access works shall be provided and maintained in accordance with the approved details, prior to the development hereby approved coming into use. The agreed details once implemented shall thereafter be retained as such.

Reason: To ensure that adequate facilities are available for the traffic attracted to the site and to improve visibility for vehicles exiting onto the C461 in accordance with North Devon and Torridge Local Plan Policies ST10 and DM05 and Paragraph 109 of the National Planning Policy Framework’.

The Applicant has carried out the required improvements to the western junction onto the C461 in accordance with details approved under discharge of condition application 1/007/2019/DIS. These works have provided significant improvements to visibility in the eastern direction, i.e. to oncoming traffic. The Applicant has not, however, been able to make any improvements to visibility in the westerly direction due to this land not being within their ownership. The situation therefore remains that there is approximately 5 metres visibility to the west; the required visibility for a 60mph road is 215 metres. Whilst vehicles exiting in the westerly direction would not be turning directly into oncoming traffic, due to the straight alignment of the road, there is a reasonable possibility that a vehicle could be overtaking and therefore approaching the eastern junction on the near side. The Highway Officer has advised the Local Planning Authority to apply their Standing Advice; however, he has informally advised that the access options onto the C461 continue to pose significant highway safety concerns.

The proposal is therefore considered to remain in conflict with NDTLP Policies DM05 and DM27(d), however to a lesser degree than when application 1/1019/2018/FUL was determined due to the improvements that have been carried out to the C461.

Conclusion: The principle of converting the listed barn to a dwelling has already been established and in the consideration of application 1/1019/2018/FUL significant weight was afforded to securing a viable use and therefore the future longevity of the building. The Applicant’s Supporting Statement argues that the alternative future for the building by not allowing the application is likely to result in the building going into disrepair.

The Applicant also suggests that as owners of South Yeo, they could live in the barn and comply with Condition 4. They could then rent the main house out as holiday accommodation without any restrictions in place. South Yeo is a substantial 6-bedroom dwelling and could accommodate up to at least 12 people.

The Highway Officer previously acknowledged that he did not consider the listed building aspect of the application nor any material considerations other than highway impact and rightly noted that it is for Torridge District Council to weigh the various issues including highway safety and heritage to make a balanced decision.

The proposal to remove Condition 4 is very finely balanced. Even with the significant improvements that the Applicant has made to visibility to oncoming traffic in the easterly direction at the eastern junction onto the C461; visibility to the west remains significantly substandard. The benefits of removing the occupancy restriction would be the securing of a more viable use than that approved under application 1/1019/2018/FUL with greater prospects that the listed building will be retained in the long term.

In considering the highways aspects, your Officer notes that there are alternative routes that visitors to the application site could take and that the increase in vehicle movements above what would be expected with the currently restricted occupancy would not be significant. It is understood that the

Page 72 Applicant intends to retain ownership of the barn and to use it as holiday accommodation. It is therefore assumed that any visitors could be warned of the highway safety issues onto the C461. Therefore, on balance, and in acknowledgement of the significant visibility improvements that have been made and the benefits in securing a more viable use for the listed building, your Officer’s recommendation is one of approval.

Human rights

Consideration has been given to the Human Rights Act 1998.

Conclusion

It is therefore considered that subject to the compliance with the attached conditions and taking into account all other material planning considerations, including the development plan the proposal would be acceptable.

Recommendation

GRANT subject to the following conditions

1 The development must be begun no later than the 28th February 2022.

Reason: The time limit condition is imposed in order to comply with the time requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

2 The development hereby permitted shall be carried out in accordance with the approved plans listed in the Plans Schedule including those approved under application 1/1019/2018/FUL.

Reason: To ensure the development is carried out in accordance with the approved plans.

3 Notwithstanding the details shown on the plans hereby approved, the existing pantile roof material shall be retained.

Reason: To ensure the building retains this traditional roofing material from the era when the building was constructed denoting it as service building and reinforcing the hierarchy of the buildings on the wider site.

4 The proposed development shall be undertaken in accordance with the recommendations and mitigation methods outlined in the submitted Bat and Nesting Bird Survey prepared by Penpont Ecology Services Limited and dated August 2018.

Reason: To ensure that the proposed development does not result in a harmful impact on protected species.

5 The improvements to the access onto the C461 that have been undertaken in accordance with drawing reference ‘Location Plan and Access Improvements’ received on the 15th October 2019 and as approved by application 1/007/2019/DIS shall be maintained in accordance with the approved details and retained as such.

Reason: To improve visibility for vehicles exiting onto the C461 in accordance with North Devon and Torridge Local Plan Policies ST10 and DM05 and Paragraph 109 of the National Planning Policy Framework.

Page 73 Plans Schedule

Reference Received

Location Plan and Access Improvements 15.10.2019

0600 19 17.09.2018

0600 20 A 01.10.2018

0600 21 A 01.10.2018

0600 23 01.10.2018

0600 24 17.09.2018

Statement of Engagement

In accordance with paragraphs 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner. In this instance there was no need for further engagement as the development as submitted is considered to accord with the development plan. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

Page 74 Agenda Item 11c

Committee Report – 16 January 2020

© ApplicationCrown copyright Number: and database 1/0967/2019/LArights 2012 Ordnance Survey 100022736

Registration date: 31 October 2019

Expiry date: 26 December 2019

Applicant: Torridge District Council

Agent: David Wilson Partnership

Case Officer: Helen Smith

Site Address: The Sportsground, Kingsley Road, Bideford, Devon

Proposal: Erection of CCTV mast and camera at Wheels Park

Recommendation: GRANT

© Crown copyright and database rights 2020 Ordnance Survey 100022736

Page 75

Reason for referral:

The Applicant is the Local Authority.

Relevant History:

Application No. Description Status Closed

1/2057/2001 CREATION OF FLOODLIT PER 15.01.2002 MULTI-USE GAMES AREA WITH IMPROVED VEHICULAR/PEDESTRIAN ACCESS FROM KINGSLEY ROAD

1/0301/1974 CLUBHOUSE THE REC SPORTSGROUND, BIDEFORD

1/0978/1981 USE OF LAND AS A PER 17.09.1981 GREYHOUND RACING TRACK, THE FOOTBALL GROUND,KINGSLEY RD,BIDEFORD

1/1217/1986 RENEWAL OF CONSENT PER 12.11.1986 FOR GREYHOUND RACING TRACK

1/1574/1990 ERECTION OF 120 SEAT PER 19.11.1990 SPECTATOR STAND

1/0198/2005/FUL Retention of timber post and REF 26.04.2005 profiled steel clad perimeter security fence to football pitch to comply with Football Associations upgrading requirements

1/0111/2008/ADV Erection of sign board INVAL 11.02.2008

1/0552/2018/LA Outline application for a NPW 18.06.2018 concrete wheels park (all matters reserved accept access and landscaping).

1/0628/2018/LA Development of concrete PER 09.08.2018 wheels park, with associated access, landscaping and hard surfacing.

1/0042/2019/DIS Discharge of conditions 3, 4, PER 13.03.2019 8 and 14 of planning permission 1/0628/2018/LA

1/0819/2019/LA Erection of a 12 metre CCTV NPW 07.10.2019 system

Page 76 Site Description & Proposal

The Site The application is located within the built up area of Bideford and forms part of the land designated as King George V field.

The site is flat and grassed forming a soft edge to the wider skate park and Bideford Football Club, which are sited to the west, north and south. To the east is Kingsley Road. There are two trees to the immediate north and south of the site and a floodlight associated with the football ground is located in close proximity to the south west.

The Bideford Conservation Area is located approximately 75 metres to the west of the site, which includes the dwellings along the east side of Northam Road, some of which are listed buildings. The nearest listed building to the site is the Grade II Listed Carriage Shed located approximately 50 metres to the north.

Environment Agency (EA) flood maps show the site to be in Flood Zone 3 i.e. at risk of flooding more frequently than once every 100 years, in the absence of flood defences. The site is located in the Bideford Critical Drainage Area.

The Proposal The application is seeking full planning permission for the erection of a CCTV mast and camera. The mast would extend to 12 metres in height and would take the form of a galvanised and powder coated steel tube. The submitted elevation drawing shows the mast taking a similar appearance to a lamp post with an integral sealed cabinet at the bottom. The site would cover a footprint of approximately 1.2 x 1.2 metres.

Consultee representations:

Bideford Town Council: That the application is approved.

Conservation Officer: No Observations.

Environmental Protection Officer: In relation to the above application, the Environmental Protection Team has no objections.

Designing out Crime Officer: I am aware that there have been/are some issues at the park and Police would support the inclusion of CCTV and appropriate lighting as part of the safety and security of the site. CCTV is not a universal solution to security problems, it forms part of an overall security plan. It can help deter crime and criminal behaviour, assist with the identification of offenders, promote personal safety and provide reassurance for facility users, visitors and adjacent residents, however care must be taken not to impact on their privacy with collateral intrusion into dwellings and gardens. Any CCTV should cover the whole site and not just the equipment/installation as any ‘off camera’ areas will allow ASB and nuisance behaviour to continue undetected.

General CCTV advice: Images of people are covered by the General Data Protection Regulation (GDPR), and so is information about people which is derived from images – for example, vehicle registration numbers. Most uses of CCTV will be covered by the Act, regardless of the number of cameras or how sophisticated the equipment is. Specifiers are reminded that there will be a requirement for a data controller to ensure compliance with the GDPR. The data controller must ensure that all CCTV images that can be used to identify individuals are used, stored and disclosed in line with the GDPR principles.

Page 77 Any CCTV system should:  have CCTV cameras contained in vandal resistant housings;  record images in colour HD quality;  not be affected by concentrated white light sources directed at the camera, such as car head lights and street lighting;  provide suitable methods of export and incorporate the required software to view the exported footage; and  ideally be monitored live 24/7 giving the ability to react to a situation as it occurs. It is important that signs are displayed explaining that CCTV is in operation and Police recommend that images are stored for a minimum of 31 days.

Further, it is my understanding that that there are similar ASB issues within the main stand of the neighbouring football club, is this site also owned by the local authority? As CCTV is likely to displace some of the associated problems it would be prudent and more cost effective to give serious consideration to the installation of a camera(s) to the proposed tower to cover this area whilst any works are undertaken in the wheels park.

Representations:

Number of neighbours consulted: 0 Number of letters of support: 0 Number of representations received: 0 Number of neutral representations: 0 Number of objection letters: 0

No letters of representation have been received.

Policy Context:

North Devon and Torridge Local Plan 2011-2031: BID (Bideford Spatial Vision and Development Strategy); DM01 (Amenity Considerations); DM04 (Design Principles); DM05 (Highways); DM07 (Historic Environment); DM08 (Biodiversity and Geodiversity); DM09 (Safeguarding Green Infrastructure); ST03 (Adapting to Climate Change and Strengthening Resilience); ST04 (Improving the Quality of Development); ST06 (Spatial Development Strategy for Northern Devon's Strategic and Main Centres); ST14 (Enhancing Environmental Assets); ST15 (Conserving Heritage Assets); ST22 (Community Services and Facilities);

Government Guidance: NERC (Natural Environment & Rural Communities); NPPF (National Planning Policy Framework); NPPG (National Planning Practice Guidance); WACA (Wildlife & Countryside Act 1981);

Planning Considerations

The main planning issues for consideration as part of this application are:

- Principle of Development; - Design and Heritage; - Amenity; - Highways; - Flood Risk and Drainage; - Trees and Landscape; and - Ecology.

Page 78 Principle of Development: Paragraph 2 of the National Planning Policy Framework (NPPF) states that planning law (namely Section 38(6) of the Planning & Compulsory Purchase Act 2004 and Section 70(2) of the Town & Country Planning Act 1990) requires that applications for planning permission must be determined in accordance with the development plan, unless material considerations indicate otherwise. The NPPF must be taken into account in the preparation of local and neighbourhood plans, and is a material consideration in planning decisions.

Paragraph 91 of the NPPF requires planning policies and decisions to achieve healthy, inclusive and safe places which ‘are safe and accessible, so that crime and disorder, and the fear of crime, do not undermine the quality of life or community cohesion – for example through the use of clear and legible pedestrian routes, and high quality public space, which encourage the active and continual use of public areas’ (b) and ‘’enable and support healthy lifestyles, especially where this would address identified local health and well-being needs – for example through the provision of safe and accessible green infrastructure, sports facilities….’ (c).

Paragraph 95 of the NPPF states that planning policies and decisions should promote public safety and take into account wider security and defence requirements by: ‘anticipating and addressing possible malicious threats and natural hazards, especially in locations where large numbers of people are expected to congregate. Policies for relevant areas (such as town centre and regeneration frameworks), and the layout and design of developments, should be informed by the most up-to-date information available from the police and other agencies about the nature of potential threats and their implications. This includes appropriate and proportionate steps that can be taken to reduce vulnerability, increase resilience and ensure public safety and security’ (a).

In policy terms, the entire site is located within the development boundary of Bideford (Proposals Map 2). Policy ST06 of the North Devon and Torridge Local Plan 2018 (NDTLP) identifies Bideford as a Strategic Centre, which will provide a focus for housing and employment development and will accommodate significant levels of development consistent with its scale and its complementary role to Barnstaple. Policy ST06 further notes that sustainable development opportunities will be secured to increase self-containment and achieve balanced development to enable the town to meet its own needs and those of the surrounding area. Policy ST06 is clear that development will be supported within the development boundary of Bideford.

NDTLP Policy BID sets the 'Spatial Vision and Development Strategy' for Bideford and includes a requirement for new and expanded sports and recreation facilities.

The application is seeking permission for the erection of a CCTV mast and camera at the Sportsground to provide surveillance. Leisure uses are well established at the application site, with the wider area being designated as King George V Field, the aim of which was to promote and to assist in the establishment of playing fields for use and enjoyment. NDTLP Policy ST22 concerns Community Services and Facilities and supports improvements to existing community facilities within defined settlements that meet the needs of local communities where a) it does not harm the character of the area and the amenities of the surrounding uses; b) it is well related to public transport infrastructure, where possible, and is accessible by walking or cycling; and c) it can be accessed without generating unacceptable levels of traffic on the local road network and / or reducing highway safety. The mast is proposed to enable an overall safer environment at the Sportsground and thereby would deliver an improvement to the existing community uses in accordance with Policy ST22. Parts (1) a-c will be considered below under the relevant headings.

NDTLP Policy DM04 (Design Principles) (g) requires the provision of public and private spaces that are well designed, safe, attractive and complement the built form, designed to minimise anti-social and criminal behaviour. As indicated above, the purpose of the application proposal is to reduce anti- social behaviour at the Sportsground thus creating a safer community facility to the benefit of all users. The Designing out Crime Officer has expressed his support for the proposal.

Page 79 Policy DM09 of the NDTLP seeks to protect green infrastructure, including open space. The application area is very small in size and the mast would be sited on a grass verge that is not primarily used for leisure activities. In any event, part (b) of Policy DM09 states that development involving the loss of green infrastructure will be supported where ‘the green infrastructure network in the locality can be retained or enhanced through redevelopment of a small part of the site’. It is considered that the installation of a CCTV mast and camera will ensure the retention and enhancement of the wider skate park and football ground by virtue of antisocial behaviour being reduced. The proposal would have no adverse impact on sustainable travel options (DM09)((c)).

Given the above, the principle of erecting a CCTV mast and camera at the Sportsground is acceptable and supported by NDTLP Policies ST06, ST22, BID, DM04(g) and DM09 as well as Paragraphs 91 and 95 of the NPPF.

Design and Heritage: NDTLP Policy ST04: 'Improving the Quality of Development' requires that 'development will achieve high quality inclusive and sustainable design to support the creation of successful, vibrant places. Design will be based on a clear process that analyses and responds to the characteristics of the site, its wider context and the surrounding area'. Policy DM04 sets out a series of Design Principles which are overarched by a desire for good design to guide overall scale, density, massing, height, landscape, layout, materials, access and appearance of new development. Paragraph 30 of the NPPF states that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

The site is not located within the Bideford Conservation Area, being some 75 metres from the boundary. It is approximately 50 metres from the nearest listed building. The Conservation Officer has made no observations in respect of this application and it is therefore considered that there are no objections from a heritage perspective and accordingly no conflict with NDTLP Policies ST15 and DM07.

The proposed 12 metre mast will be visible to users of Kingsley Road as well as to those enjoying the skate park and football club. The surrounding context is a built up area that is already characterised by vertical structures, for example traffic lights, streetlamps and the floodlighting and advertising boards associated with the football club. The proposed CCTV mast would be sited in close proximity to an existing flood lighting gantry and, whilst it would be visible from public views, it is not considered that it would be of a scale or design that is incompatible with the surrounding urban features.

The mast would have a similar appearance to nearby streetlamps and the proposed design is appropriate for the intended purpose. The submitted site plan shows root protection zones for the two nearby trees and your Officers are satisfied that the proposed development can come forward without causing harm to any trees.

The proposal is considered to be acceptable in terms of design and in accordance with NDTLP Policies ST04, ST15, DM04 and DM07.

Amenity: NDTLP Policy DM01 requires that development should secure or maintain amenity appropriate to the locality with special regard to the likely impact on neighbours, the operation of neighbouring uses, future occupiers, visitors on the site and any local services. Policy DM04 (i) requires development to ensure the amenities of existing and future neighbouring occupiers are safeguarded.

The proposed siting of the mast is some distance from the nearest residential properties to the extent that there are no concerns over any perception that the camera would be looking into any private residential curtilage. Concerns have been expressed by local residents over anti-social behaviour at the Skate Park and it is intended that the application proposal will go some way in addressing this issue. It is therefore considered that the proposed CCTV mast will give rise to a reduction in antisocial behaviour and thus the proposal will secure amenity appropriate to the locality and the safeguarding of the amenities enjoyed by existing residents in accordance with NDTLP Policies DM01 and DM04(i).

Page 80 Highways: NDTLP Policy DM05 requires development to have safe and well-designed vehicular access and egress, adequate parking and layouts which consider the needs and accessibility of all highway users including cyclists and pedestrians, and that all development shall protect and enhance existing public rights of way, footways, cycleways and bridleways and facilitate improvements to existing or provide new connections to these routes where practical to do so.

The application proposal in itself will not generate any additional traffic or pedestrians. The proposed siting of the mast will not interfere with any public rights of way and there is not considered to be any conflict with NDTLP Policies ST22 ((1) b and c), DM05 and DM09 (c).

Flood Risk and Drainage: NDTLP Policy ST03 requires that development takes account of climate change to minimise flood risk. Policy DM04 requires development to 'provide effective water management including Sustainable Drainage Systems, water efficiency measures and the reuse of rain water'.

The application is accompanied by a Flood Risk and Drainage Statement, which states:

‘The mast would make no difference to the likelihood of flooding on site or elsewhere, would not affect water displacement or the rate of water runoff from the site in the event of a flood. There would be no impact on the capacity of drains or sewers. The impact of flooding on the CCTV mast would be economic – the cost of cleaning up and possibly recommissioning’.

The proposed development would not constitute a ‘vulnerable use’ for the purposes of flood risk and would be of such a small and insignificant scale and footprint that there would be no significant impacts on surface water drainage and consequently there is not considered to be any requirement for mitigation measures. The proposal is considered to raise no conflict with NDTLP Policies ST03 and DM04.

Ecology: Local Planning Authorities have a statutory duty to ensure that the impact of development on wildlife is fully considered during the determination of a planning application under the Wildlife and Countryside Act 1981 (as amended), Natural Environment and Rural Communities Act 2006, The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010). Policy DM08 of the NDTLP concerns biodiversity and requires development to conserve, protect and, where possible, enhance biodiversity and geodiversity interests and soils commensurate with their status and giving appropriate weight to their importance. The policy further requires all development to 'ensure that the importance of habitats and designated sites are taken into account' and to 'consider opportunities for the creation of a local and district wide biodiversity network of wildlife corridors which link County Wildlife sites and other areas of biodiversity importance'.

The application covers a very small area and the submitted Wildlife Trigger List confirms there is no requirement for a wildlife survey. The site comprises of a small area of maintained grass and, given that the proposal does not require the clearing of any established vegetation or hedgerows, the site is considered to be of a low ecological value and unlikely to impact on any protected species or their habitat. As such, in light of Natural England standing advice on protected species, no survey work or mitigation strategies are considered to be necessary. The proposal is considered to comply with Policies DM08 and ST14 of the NDTLP.

Conclusion: The application proposal is considered to meet technical planning requirements in respect of design, heritage, amenity, drainage and ecology and causes no conflict in terms of highways and access. Furthermore, the proposal is acceptable in principle due to the site being located within the development boundary of Bideford and the proposal being directly related to an existing leisure facility. The application proposal will lead to improved safety through a reduction in anti-social behaviour and thus will be of benefit to both users of the leisure facilities and neighbouring residents.

Page 81 The proposed development is therefore considered to be in accordance with the provisions of Policies ST03, ST04, ST06, ST14, ST15, ST22, BID, DM01, DM04, DM05, DM06, DM07, DM08 and DM09 of the North Devon and Torridge Local Plan (2018).

Human rights

Consideration has been given to the Human Rights Act 1998.

Recommendation

GRANT subject to the following conditions

1 The development to which this permission relates must be begun no later than the expiration of three years beginning with the date on which this permission is granted.

Reason: The time limit condition is imposed in order to comply with the time requirements of Section 91 of the Town and Country Planning Act 1990 (as amended).

2 The development hereby permitted shall be carried out in accordance with the approved plans listed in the Plans Schedule.

Reason: To ensure the development is carried out in accordance with the approved plans.

Plans Schedule

Reference Received

1282-B12-B 31.10.2019

1282-B13-B 31.10.2019

1282-B14-B 31.10.2019

Informatives

01. The Applicant's attention is drawn to the consultation response of the Designing out Crime Officer and the guidance given on the operation and management of CCTV cameras.

Statement of Engagement

In accordance with paragraphs 38 of the National Planning Policy Framework (NPPF) in dealing with this application, the Council has worked with the applicant in the following positive and proactive manner. In this instance there was no need for further engagement as the development as submitted is considered to accord with the development plan. In such ways the Council has demonstrated a positive and proactive manner in seeking solutions to problems arising in relation to the planning application.

Page 82 Agenda Item 12

Torridge District Council

Planning Decisions

Between 21/11/2019 and 07/01/2020

List of Applications

Application Officer Proposal and Address Applicant Decision/Date No: Permitted

1/1086/2017/ Shaun Outline application with all matters Hortons Estate PER OUTM Harringt reserved except access for the Development 19.12.2019 on development of up to 61 dwellings Ltd And with associated works - Land North Greatworth Of Clovelly Road, Bideford, Devon. Development

1/1222/2018/ Shaun Demolition of existing bungalow and Inox Homes PER FUL Harringt erection of six apartments and (Appledore) 28.11.2019 on associated infrastructure. - Limited Fairways, Torridge Road, Appledore.

1/0152/2019/ Kristian Creation of 2 dwellings including Mr Ajmal Shah PER FUL Evely garages, access and drainage 05.12.2019 (amended plans and additional information) - Land At Grid Reference 246448 126355, Mines Road, East The Water.

1/0636/2019/ Sarah Change of use of annexe to full Mr Gerry PER FUL Boyle residential - Myrtle Cottage Barn, Connell 27.11.2019 Beaford, Winkleigh.

1/0678/2019/ Kristian Demolition of existing single storey Mr Martin PER FUL Evely rear extension, erection of a two McKeown 25.11.2019 storey rear extension and installation of a dropped kerb. - 9 Calvesford Close, Torrington, Devon.

1/0694/2019/ Laura Construction of slurry lagoon - Mr E George PER FUL Davies Cabbacott Barton, Buckland Brewer, 06.12.2019 Bideford.

1/0697/2019/ Angelo Retrospective application for Mr J Pratt PER FUL Massos proposed landscaping and raised 19.12.2019 decking in rear garden - 11 Chichester Way, Westward Ho!, Bideford.

Page 83 1/0712/2019/ Tracey Part retrospective for an extension Mr Paul Gent PER FUL Blackmo to existing building and installation 09.12.2019 re of a biomass boiler and drying floor - Newlands, Dowland, Winkleigh.

1/0737/2019/ Sarah Change of use of redundant barn to Mr John Palmer PER FUL Boyle dwelling - Land At Reeds Farm, 05.12.2019 Beaford, Devon.

1/0777/2019/ Ryan Retrospective application for the use Mr & Mrs Lee PER FUL Steppel of the site as an archery centre and Hazel Gear 25.11.2019 including archery recreation practice and training with sales of archery related equipment and goods - Land At Trew Cottage, Highampton, Beaworthy.

1/0810/2019/ Sarah Extension to existing dwelling - Mr And Mrs PER FUL Boyle Moorland View, Moorland Terrace, Steer 21.11.2019 Torrington.

1/0812/2019/ Tracey Change of use from workshop to Miss Maria PER FUL Blackmo commercial kitchen - Units 3, The Harris 11.12.2019 re Old Workshop, Pitt Lane.

1/0817/2019/ Sarah Extension to dwelling together with Mr Stuart PER FUL Boyle conversion of loft and raising of Robinson 03.12.2019 ridge plus change to facing materials - 24 Clevelands Park, Northam, Bideford.

1/0818/2019/ Sarah Installation and siting of bunded oil Mr Steve Taylor PER FUL Chappel tank and external boiler for domestic 24.12.2019 l use - Tittlemouse, Hartland, Bideford.

1/0823/2019/ Laura Discharge of Conditions 3, 4, 5, 6, 9, Mr Jon Brown PER DIS Davies 10, 11, 13, 14, 15, 16, 17 of 02.01.2020 Planning Approval 1/0700/2015/FUL - Land At Market Place, Bideford, Devon.

1/0838/2019/ Ryan Conversion and extension of stable Mr G Sing And PER FUL Steppel block to single storey dwelling - Miss L Glover 29.11.2019 Barn At Grid Reference 249138 124420, Huntshaw, Devon.

1/0839/2019/ Debbie Side extension to incorporate two Mrs Rosa PER FUL Fuller storey extension over existing Macey 03.12.2019 extension. - 2 Cranford Cross, Woolsery, Bideford.

1/0846/2019/ Tracey Change of the use from agricultural Mr T Elliott PER FUL Blackmo land to a mixed use of agriculture 05.12.2019 re and for the rearing of game birds - Land And Building At Grid Reference 258542 114553, Dolton, Devon. Page 84

1/0847/2019/ Tracey Change of use from agricultural land Mr T Elliott PER FUL Blackmo to a mixed use of agriculture and for 05.12.2019 re the rearing of game birds - Land At Grid Reference 258819 113863, Dolton, Devon.

1/0850/2019/ Angelo Replace existing mobile home with Miss Teresa PER FUL Massos log cabin for disabled relative - Juniper 27.11.2019 Parnacott Barn Mobile Home, Chilsworthy, Devon.

1/0849/2019/ Debbie Single storey rear extension - Concilliation PER FUL Fuller Freemasons Hall , Bodmin Street, Lodge 17.12.2019 Holsworthy.

1/0853/2019/ Kristian Single storey extension and Mr & Mrs R PER FUL Evely associated alterations - Greenwood, Crimes 21.11.2019 Pound Lane, High Bickington.

1/0858/2019/ Debbie Installation of landing lights to Milton Damerel PER FUL Fuller provide emergency lighting for the Parish Council 03.12.2019 Devon Air Ambulance - Field Adjacent To Coppers, Milton Damerel, Holsworthy.

1/0862/2019/ Kristian Conversion of agricultural building to Mr Ray Auvray PER FUL Evely 1no. dwellinghouse including 09.12.2019 erection of extension and porch - Nethercott Farm, Alverdiscott, Barnstaple.

1/0868/2019/ Laura Conversion of redundant out- Mr Paul Tyler PER FUL Davies building to provide domestic leisure 28.11.2019 facility ancillary to main dwelling - Old Bursdon, Hartland, Bideford.

1/0871/2019/ Sarah Installation and siting of bunded oil Mr Steve Taylor PER LBC Chappel tank and external boiler for domestic 23.12.2019 l use - Tittlemouse, Hartland, Bideford.

1/0874/2019/ Laura Proposed steel portal frame Mr Stevens PER FUL Davies agricultural livestock building - 12.12.2019 Lower Alminstone Farm, Woolsery, Bideford.

1/0875/2019/ Sarah Replacement dwelling including Mrs A PER FUL Boyle demolition of existing dwelling and Sosnowska 19.12.2019 associated works - Cockington Cottage, Abbotsham, Bideford.

1/0878/2019/ Tracey Demolition of existing cottage and John And Linda PER FUL Blackmo creation of replacement dwelling Reid 03.12.2019 re including addition of ground floor extension and garage - Brightley House Cottage, Dolton, Winkleigh.

Page 85 1/0879/2019/ Sarah Works to crownlift T1 - London Mr Rob PER TRE Boyle Plane to provide a 5m clearance Scholefield 21.11.2019 over entrance road and T2 - Holm Oak Reduce end load of approx 270mm diameter secondary branch at 8m West and over house by formatively pruning to remove no greater than 25% of tertiary branches with consideration given to future direction growth and end loading (TPO/0006/2003) - Land At Grid Reference 245151 126951, Stella Maris Court, Bideford.

1/0889/2019/ Ryan Erection of a general purpose Mr & Mrs M and PER FUL Steppel agricultural building - Land Adjacent K Gale 27.11.2019 Cuppers Piece, Beaford, Devon.

1/0891/2019/ Ryan Conversion of garage to living Mr M Curtis PER FUH Steppel accommodation and erection of 10.12.2019 detached garage - 6 Dane Court, Northam, Bideford.

1/0892/2019/ Angelo Single storey rear extension - Mr & Mrs K PER FUL Massos Primrose Bank, Bridgerule, Davey 06.12.2019 Holsworthy.

1/0894/2019/ Kristian Outline application for 1 no. dwelling Mr & Mrs Mills PER OUT Evely with all matters reserved except 02.12.2019 access - Thornlands, Old Barnstaple Road, Bideford.

1/0900/2019/ Angelo Prior notification for the change of Mr And Mrs P PER AGMB Massos use of agricultural building to 1no. Rose 21.11.2019 dwellings under Class Q and associated operational development - Agricultural Building At Grid Reference 231200 104900, Holsworthy, Devon.

1/0901/2019/ Sarah Works to roof to include increase in Ms K Murch PER FUL Boyle ridge height, widening of vehicular 09.12.2019 access and ground floor extensions to north and west elevations - Ashtons, Little Torrington, Torrington.

1/0903/2019/ Sarah Works to crownlift T1 - London Wills Tree PER TRE Boyle Plane, reduce overall size of the Services 21.11.2019 crown by approximately 2 metres, and reduce long limb protruding west over the garage roof by approximately 6 metres (TPO/0053/2015) - Dyers Lookout, Durrant Lane, Northam.

Page 86 1/0904/2019/ Laura Certificate of Existing Lawfulness for Mr Roy Smith PER CPE Davies the mixed use of equestrian use and 23.12.2019 the stationing of two mobile homes used for residential purposes - The Stud Barn, West Putford, Holsworthy.

1/0905/2019/ Ryan Part retrospective application for Chris Harris PER FUL Steppel conservatory on top of existing 06.01.2020 garage building - Willow Cleave, Lower Cleave, Northam.

1/0907/2019/ Sarah Single storey annexe to west side of Mr Robert PER FUL Boyle existing property and single storey Pitman 11.12.2019 extension to east side - Forest Hill Cottage, Coach Drive, Bideford.

1/0908/2019/ Sarah Installation of two new ground floor Mrs M Melville PER LBC Chappel windows - West Eckworthy Farm, 21.11.2019 l Buckland Brewer, Bideford.

1/0911/2019/ Debbie Change of Use of Workshop Mr G Johns PER FUL Fuller Building to Residential Use and 26.11.2019 associated works - Land Adjacent Tree Tops, Hartland, Devon.

1/0912/2019/ Ryan Variation of conditions 2 and 3 of Wills Tree PER FUL Steppel planning permission Services 02.12.2019 1/1146/2015/FUL for the retrospective siting of office building

- Wills Tree Services, The Timber Yard, Wooda Road.

1/0913/2019/ James Removal of Condition 4 of Planning Mr & Mrs PER FUL Jackson Approval 1/1650/1990 to allow full Bricknell-Webb 26.11.2019 residential use. - Coombeshead Park Farm, Virginstow, Devon.

1/0916/2019/ Laura Two storey side extension to Mr And Mrs P PER FUL Davies dwelling with associated works - 2 Pickard 11.12.2019 Beech Cottages, Clawton, Holsworthy.

1/0917/2019/ Kristian Variation of condition 6 (plans Mr Alan Smith PER FUL Evely schedule) of planning permission 19.12.2019 1/1081/2009/FUL (erection of a dwelling) - Rear Of 7 Tors View, Westward Ho!, Bideford.

1/0922/2019/ Sarah Proposed single storey rear Mr & Mrs E PER FUL Boyle extension, alterations to main house Morris 25.11.2019 & associated works - Odun Grange, Odun Road, Appledore.

1/0924/2019/ Kristian First floor extension - Kimberly, 27 Mr And Mrs PER FUL Evely Ford Crescent, Bradworthy. Hayes 26.11.2019

Page 87 1/0925/2019/ Tracey Part retrospective application for the Dartington PER FUL Blackmo erection of steel framed storage unit Crystal 09.12.2019 re to accommodate stock. - Dartington (Torrington) Ltd Crystal, Linden Close, Torrington.

1/0927/2019/ Tracey Discharge of Condition 3 of Clearsky PER DIS Blackmo Planning Approval 1/1046/2017/FUL Developments 21.11.2019 re - The Pines, 76 Atlantic Way, LTD Westward Ho!.

1/0931/2019/ Ryan Conversion of barn to create one Mr & Mrs Wild PER FUL Steppel open market dwelling - Barn At 29.11.2019 Burrough House , Churchill Way, Northam.

1/0934/2019/ Debbie Proposed storage building - 2 Mr Tom Strand PER FUL Fuller Woodlands, Putford, Bideford. 17.12.2019

1/0938/2019/ Tracey Increase in size of rear dormer Mr & Mrs Carly PER FUL Blackmo window and an alteration to rear Pritchard 11.12.2019 re garden retaining wall and steps. - 37 New Street, Appledore, Bideford.

1/0940/2019/ Laura Construction of stable block and Mr Paul Tyler PER FUL Davies associated access track - Old 28.11.2019 Bursdon, Hartland, Bideford.

1/0944/2019/ Ryan Installation of a single 10m column Peters Marland PER FUL Steppel with two LED lights to illuminate Parish Council 19.12.2019 land for Devon Air Ambulance - Church Close, Peters Marland, Torrington.

1/0945/2019/ Sarah Installation of a single 10m column Roborough PER FUL Boyle with two LED lights to illuminate an Parish Council 11.12.2019 area for Devon Air Ambulance - Land Adjacent Roborough Playing Field, Roborough, Devon.

1/0950/2019/ Sarah 1 Holly tree on rear boundary and 1 Mr Barry Hunt PER TCA Boyle Cherry tree in rear garden require 27.11.2019 pollarding - The Retreat, Cleave Hill, Dolton.

1/0952/2019/ Sarah Conversion of existing workshop Mr Robert PER LBC Chappel into a single car garage with Wilmott 12.12.2019 l external staircase to existing mezzanine - The Inglenooks, Fore Street, Winkleigh.

1/0955/2019/ Laura New bio mass boiler and chimney - Face Edge Ltd PER FUL Davies Face Edge Limited, Fletchers 12.12.2019 Industrial Estate, Bideford.

1/0963/2019/ Sarah Installation of window in rear Mr Ian PER FUL Boyle elevation - 7 Odun Terrace, Blomeley 18.12.2019 Appledore, Bideford.

Page 88 1/0965/2019/ Sarah Works to row of small oak trees - Mrs Ginny PER TRE Boyle crown lift low branches to a height of Regan 04.12.2019 3.5 meters to reduce overhang over drive (G1 of TPO/0003/2008) - 81 Westcots Drive, Winkleigh, Devon.

1/0968/2019/ Tracey Single storey rear extension and Mr & Mrs Katy PER FUH Blackmo erection of decking - 6 Hewetson & Alex Toms 09.12.2019 re Way, Bideford, Devon.

1/0971/2019/ Kristian Prior notification for the change of Mr & Mrs PER AGMB Evely use of agricultural building to 1no. Folland 05.12.2019 dwelling under Class Q and associated operational development - Barn At Grid Reference 257022 117175, Roborough, Devon.

1/0973/2019/ Sarah Regularisation of reinstatement of Mr Jones PER LBC Chappel two 17th Century Fireplaces, 12.12.2019 l installation of window and alteration to door of attached domestic store - North Ham, Cleave Hill, Dolton.

1/0030/2019/ Debbie Non-material amendment to David PER NMAT Fuller permission 1/0361/2017/FUL. Carpenter 24.12.2019 Replace gable ends with hip ends, create entrance lobby, resize and alter window positions - Land To The Rear Of Linthan, Bridgerule, Devon.

1/0976/2019/ Sarah Installation of a underground gas Mrs Alison PER FUL Chappel tank within the curtilage of the listed Bradshaw 24.12.2019 l barn complex and installation of a logburner - Tiggywinkle, Hartland, Bideford.

1/0977/2019/ Sarah Installation of a underground gas Mrs Alison PER LBC Chappel tank within the curtilage of the listed Bradshaw 23.12.2019 l barn complex and installation of a logburner - Tiggywinkle, Hartland, Bideford.

1/0986/2019/ Sarah Internal alterations - Penroses Dr John Chope PER LBC Chappel Dental Surgery, Bodmin Street, And Associates 23.12.2019 l Holsworthy.

1/0988/2019/ Kristian Variation of condition 2 of Mr Andrew PER FUL Evely application 1/0378/2018/FUL (Plans Shortridge 19.12.2019 Schedule - change in orientation of dwelling) - Land At Grid Reference 244120 109243, Balleroy Close, Shebbear.

Page 89 1/0989/2019/ Angelo Removal of Condition 1 of Planning Mr & Mrs PER FUL Massos Approval NL/1613 (Removal of Roberts 20.12.2019 agricultural workers restriction further to 1/1055/2017/CPE) - Horton Farm Bungalow, Bradworthy, Holsworthy.

1/1001/2019/ Ryan Removal of yew tree - York Place, Webster PER TCA Steppel Northam Road, Bideford. 05.12.2019

1/0031/2019/ Shaun Non-material amendment to Mr David PER NMAT Harringt permission 1/0466/2018/REM - Comyns 22.11.2019 on Change of layout to replace two en- suite bathrooms with a single bathroom - 1 And 3 Wisteria Close, Dolton, Devon.

1/1008/2019/ Debbie 3 sycamore trees to be reduced in Mr Christopher PER TCA Fuller height by approximately 2-3 metres Layton 09.12.2019 - 2 Castle Cottages, Buckland Brewer, Bideford.

1/1010/2019/ James Application for reserved matters Mr M Jackman PER REM Jackson (access, appearance, landscaping, 19.12.2019 layout and scale) pursuant to permission 1/1175/2016/OUT - Land Adjacent To Grenacleave, Fairy Cross, Bideford.

1/1017/2019/ Laura Single storey rear extension - Mr Mark PER HPD Davies extending beyond the rear wall of Shepherd 04.12.2019 the dwellinghouse by 5m, maximum height of 4m and an eaves height of 3m - Pooh Corner, Chilsworthy, Holsworthy.

1/1016/2019/ Laura Retrospective application for Mr & Mrs David PER FUL Davies retention of glazed porch enclosure. Palmer 23.12.2019 - Tall Trees, Milton Damerel, Holsworthy.

1/1020/2019/ Debbie Single storey rear extension - Stable Mr Nick Wright PER FUH Fuller Cottage, Cranford, Bideford. 12.12.2019

1/1024/2019/ Kristian Prior notification for the change of Mr Martyn PER AGMB Evely use of agricultural building to 1no. Ashcroft 20.12.2019 dwelling under Class Q and associated operational development - Barn Opposite Southcott, Frithelstock, Devon.

1/1029/2019/ Debbie Extension to a covered yard - East Mr G Tucker PER FUL Fuller Druxton Farm, St Giles On The 23.12.2019 Heath, Launceston.

Page 90

1/1033/2019/ Kristian Prior notification for the change of Mr And Mrs PER AGMB Evely use of agricultural building to 3no. Worsley 12.12.2019 dwellings under Class Q and associated operational development - Barns 1, 2 And 3, Firsdon Farm, Ashreigney.

1/0024/2019/ Kristian Discharge of condition 4 (Written Ms Sarah PER DIS Evely Scheme of Investigation) of Beverley 17.12.2019 1/0155/2019/FUL - Hollocombe Barn, Hollocombe, Devon.

1/1045/2019/ Kristian Prior notification for the change of Mr P Hopkinson PER AGMB Evely use of agricultural building to 1no. 20.12.2019 dwelling under Class Q and associated operational development - Barn Opposite The Shippen Caute, Shebbear, Devon.

1/1050/2019/ Debbie Single storey side extension - The Mr Alan PER FUH Fuller Coach House, Grange Road, Surman 24.12.2019 Bideford.

1/1051/2019/ Kristian Lawson Cypress - Crown reduction Mr Geoffrey PER TCA Evely of 3 Metres. Decay in stem of Beech Woodward 29.11.2019 Tree - Tree requires removal. - Hilliers House, Fore Street, Dolton.

1/1064/2019/ Sarah Works to trees within a conservation St Georges PER TCA Boyle area - Felling of Chestnut Tree (T5), Church 17.12.2019 crown reduction of 2.5m to Beech Tree (T2) and crown reduction of 2m to Horse Chestnut (T9) - St Georges Church, Church Street, Beaford.

1/1084/2019/ Angelo Erection of agricultural fodder Trewin Design PER AGR Massos storage building - East Youldon Architects 20.12.2019 Farm, Chilsworthy, Holsworthy.

1/0918/2019/ Debbie Prior notification for the change of Mrs A Pegg PERDET AGMB Fuller use of agricultural building to 1no. 27.11.2019 dwelling under Class Q and associated operational development - Jenns Farm, Bradworthy, Devon.

Page 91 Refused

1/0303/2019/ Angelo Retrospective application for the Mr Stuart Griffin REF FUL Massos erection of an agricultural workers 27.11.2019 dwelling. - 1 Thorndon House, Ashwater, Beaworthy.

1/0656/2019/ Debbie Proposed concrete slurry store and Mr C Ley REF FUL Fuller access track improvements - Land 27.11.2019 To North East Of Townsend, Frithelstock, Torrington.

1/0920/2019/ James Erection of a two bedroom Mr R Moon REF PIP Jackson bungalow - Land Adjacent To Dots 22.11.2019 Close, Ashwater, Beaworthy.

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