South Hams Development Management Committee

Title: Agenda

Date: Wednesday, 5th September, 2018

Time: 2.00 pm

Venue: Council Chamber - Follaton House Full Members: Chairman Cllr Steer Vice Chairman Cllr Foss Members: Cllr Bramble Cllr Hodgson Cllr Brazil Cllr Holway Cllr Brown Cllr Pearce Cllr Cuthbert Cllr Rowe Cllr Hitchins Cllr Vint

Interests – Members are reminded of their responsibility to declare any Declaration and disclosable pecuniary interest not entered in the Authority's Restriction on register or local non pecuniary interest which they have in any Participation: item of business on the agenda (subject to the exception for sensitive information) and to leave the meeting prior to discussion and voting on an item in which they have a disclosable pecuniary interest.

Committee Kathy Trant Specialist- Democratic Services 01803 861185 administrator: Page No

1. Minutes 1 - 6 To approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Committee held on 1 August 2018;

2. Urgent Business Brought forward at the discretion of the Chairman;

3. Division of Agenda to consider whether the discussion of any item of business is likely to lead to the disclosure of exempt information;

4. Declarations of Interest Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting;

5. Public Participation The Chairman to advise the Committee on any requests received from members of the public to address the meeting;

6. Planning Applications

To see Letters of Representation and further supplementary information relating to any of the Applications on the agenda, please select the following link and enter the relevant Planning Reference number: http://apps.southhams.gov.uk/PlanningSearchMVC/

(a) 1303/18/OPA 7 - 34 Outline application with all matters reserved except for access, for residential development of up to 110 dwellings with open space, landscaping, allotments, drainage infrastructure, estate roads and associated development Land Adjacent To New Park Road, Lee Mill

(b) 0429/18/FUL 35 - 46 Erection of agricultural storage/transfer building with associated access road and landscaping Land At Sx777426, Frogmore Page No

(c) 1501/18/OPA 47 - 54 Outline application with all matters reserved for the erection of one dwelling. Houndall Barn, Sparkwell

(d) 1708/18/NMM 55 - 58 Non-Material Amendment of Planning Consent 18/1015/09/F (Re- Configuration of barn and provision of new windows) Cott Farm Barn, Dittisham (e) 2381/18/TCA 59 - 60 Trees T1 to T8 - Crown lift trees to 2m over gravestones and access path St Marys Churchyard, High Street, Totnes, TQ9 5NN

7. Planning Appeals Update 61 - 62

Dev Management 01.08.18

MINUTES OF THE MEETING OF THE DEVELOPMENT MANAGEMENT COMMITTEE HELD AT FOLLATON HOUSE, TOTNES, ON WEDNESDAY, 1 AUGUST 2018

Members in attendance * Denotes attendance Ø Denotes apologies

Ø Cllr I Bramble * Cllr J M Hodgson * Cllr J Brazil * Cllr T R Holway * Cllr D Brown Ø Cllr J A Pearce * Cllr P K Cuthbert * Cllr R Rowe * Cllr R J Foss (Vice Chairman) * Cllr R C Steer (Chairman) * Cllr P W Hitchins * Cllr R J Vint

Other Members also in attendance: Cllr Wright

Officers in attendance and participating:

Item No: Application No: Officers: All agenda Planning Senior Specialist, Planning items Specialists, COP Lead Place Making, Deputy Monitoring Officer, Specialist – Democratic Services

DM.16/18 MINUTES The minutes of the meeting of the Committee held on 4 July 2018 were confirmed as a correct record and signed by the Chairman, subject to minor corrections as follows:

 DM.10/18 corrected to read ‘minutes of the meeting held on 6 June, 2018’, rather than 2 May 2018;  Cllr Hodgson was in attendance for the whole meeting (not pm only)

DM.17/18 DECLARATIONS OF INTEREST Members and officers were invited to declare any interests in the items of business to be considered and the following were made:

Cllr R Steer declared a personal interest in application 1710/18/HHO: Householder application for proposed alterations and extension – 21 Court Park Road, by virtue of the applicant having previously made a complaint about him. The complaint had been investigated and it was found that there was no case to answer. As a result, Cllr Steer remained in the room and took part in the debate and vote on this application; Dev Management 01.08.18

Cllr D Brown declared a personal interest in the following planning applications that were sited within the South Devon AONB by virtue of being a Member of the South Devon AONB Partnership Committee and remained in the meeting and took part in the debate and vote thereon:

0124/18/ARM: Application for approval of reserved matters following outline approval 58/0791/15/O for demolition of store and shelter and construction of 1 no. residential dwelling (resubmission of 0428/17/ARM) – Proposed development site at SX 502 502, Bovisand Lane, Down Thomas

1710/18/HHO: Householder application for proposed alterations and extension – 21 Court Park, Thurlestone

DM.18/18 CHAIRMAN’S ANNOUNCEMENTS The Chairman announced that there was one item of business on which to update the Committee. The COP Lead Place Making advised the Committee that Application 3475/17/OPA: Outline application with some matters reserved (only access to be considered) residential development of up to 210 dwellings, public open space, green infrastructure, strategic landscaping and associated infrastructure – Proposed Development site SX 857 506, Land south of Townstal Road, Dartmouth, would be deferred from this meeting of the DM Committee. A late letter of representation had been received from the South Devon Area of Outstanding Natural Beauty (SD AONB) team and officers felt that more time was needed to assess the SD AONB response against the new NPPF. Officers also felt it appropriate to await the publication of the Inspector’s response to the Joint Local Plan, which was expected imminently.

DM.19/18 PUBLIC PARTICIPATION The Chairman announced that a list of members of the public and town and parish council representatives, who had registered their wish to speak at the meeting, had been circulated.

DM.20/18 PLANNING APPLICATIONS The Committee considered the details of the planning applications prepared by the Planning Case Officers as presented in the agenda papers, and considered also the comments of Town and Parish Councils together with other representations received, which were listed within the presented agenda reports, and RESOLVED that:

0124/18/ARM Proposed Development site SX 502 502, Bovisand Lane, Down Thomas

Parish: Wembury Dev Management 01.08.18

Application for approval of reserved matters following outline approval 58/0791/15/O for demolition of store and shelter and construction of 1no. residential dwelling (resubmission of 0428/17/ARM)

Case Officer Update: The application had been assessed in light of the new NPPF document and the new relevant chapter and paragraph numbers were given; an updated ecology report had been received and the outstanding on-going reptile survey would be completed by the end of August, hence the recommendation seeking approval subject to receipt of a satisfactory updated ecology report

Speakers included: Objector – Mr Bob Short: Supporter – Mr Garry Dimeck: local Ward Member – Cllr Brown

Recommendation: Authority delegated to COP Lead DM, in consultation with the Chairman, to grant conditional reserved matters approval for details of access, appearance, layout and scale (not landscaping), subject to an acceptable updated ecology report

However in the event that three months after this resolution, the ecology report raises issues not previously addressed or resolved, that the application is reviewed by the COP Lead DM in consultation with the Chairman of the Committee, and delegated authority is given to the COP Lead to refuse the application in the absence of the above required details being properly addressed

During discussion, the Ward Member asked that he agree the details of the Construction Environment Management Plan (CEMP). In response, he was advised that the planning authority would agree the CEMP in consultation with Cllr Brown.

Committee Decision: Authority delegated to COP Lead DM, in consultation with the Chairman, to grant conditional reserved matters approval for details of access, appearance, layout and scale (not landscaping), subject to an acceptable updated ecology report

However in the event that three months after this resolution, the ecology report raises issues not previously addressed or resolved, that the application is reviewed by the COP Lead DM in consultation with the Chairman of the Committee, and delegated authority is given to the COP Lead to refuse the application in the absence of the above required details being properly addressed

Cllr Brown would be consulted on the CEMP condition.

Conditions: Dev Management 01.08.18

. In accordance with plans . Time limit for Reserved Matters applications . Compliance with the Recommendations of Ecology report . External lighting . Tree/Hedge retention . Tree/Hedge protection . Hedge height controls . Garage/Parking Provision/ Retention . CEMP

1710/18/HHO 21 Court Park, Thurlestone

Parish: Thurlestone

Householder application for proposed alterations and extension

Case Officer Update: The wall to the west elevation that was the subject of condition 4 would be 2m high and not 1.8m high

Speakers included: local Ward Members – Cllr Wright and Cllr Pearce (statement read)

Recommendation: Conditional Approval

Committee Decision: Conditional Approval

Conditions:

. In accordance with plans . Time limit . Materials . Wall on west elevation installed prior to use of terrace

DM.21/18 PLANNING APPEALS UPDATE

Members noted the list of appeals as outlined in the presented agenda report.

DM.22/18 AMENDMENT TO PUBLIC PARTICIPATION SCHEME

Members were presented with a report that sought to recommend to Council that the Development Management Public Participation Scheme be amended to take account of General Data Protection Regulations. Dev Management 01.08.18

During discussion, Members suggested minor amendments to the presented scheme, as it did not accurately reflect the current practice. Officers asked that an additional recommendation be included that would enable the Monitoring Officer to make minor amendments as necessary. It was then:

RESOLVED that Council be RECOMMENDED:

1. That the proposed amendments to the Development Management Committee Public Participation Scheme be approved, as set out in Appendix 1; and

2. That authority be delegated to the Monitoring Officer to make minor amendments to the Scheme, as necessary.

(Meeting commenced at 2.00pm and concluded at 3.50pm)

______Chairman Dev Management 01.08.18

Voting Analysis for Planning Applications – DM Committee 1 August 2018

Application Site Address Vote Councillors who Voted Yes Councillors who Voted No Councillors who Absent No: Voted Abstain

(0) Cllrs Bramble, Proposed Development Site at SX Conditional Cllrs Rowe, Steer, Cuthbert, Cllrs Brazil, Hodgson, Vint, Pearce (2) 0124/18/ARM 502 502, Bovisand Lane, Down Approval Foss, Hitchins, Holway (6) Brown (4) Thomas

21 Court Park Road, Thurlestone Cllrs Brown, Steer, Cuthbert, (0) (0) Cllrs Bramble, Conditional 1710/18/HHO Foss, Hitchins, Holway, Brazil, Pearce (2) Approval Vint, Rowe, Hodgson (10) PLANNING APPLICATION REPORT

Case Officer: Wendy Ormsby Parish: Sparkwell Ward: Newton and Yealmpton

Application No: 1303/18/OPA

Agent/Applicant: Applicant: Mr Ed Heynes Place Land LLP Heynes Planning Ltd C/O Heynes Planning Ltd The Studio, Two Acres Under Lane Newmills, Launceston PL15 8SN

Site Address: Land Adjacent To New Park Road, Lee Mill, Devon

Development: Outline application with all matters reserved except for access, for residential development of up to 110 dwellings with open space, landscaping, allotments, drainage infrastructure, estate roads and associated development

Reason item is being put before Committee: At the request of both Ward members. Councillor Blackler due to the considerable opposition and local valid concerns and Councillor Baldry for the following reasons:

 The hamlet of Lee Mill is not a sustainable community; it has no school, no shop, no community meeting place.  From the proposed development site most people going to the Tesco store [Ermington Parish] can be expected to use a car.  An increase of 110 dwellings is disproportionate for the existing size of Lee Mill.  The JLP is close to finalising. This allocates 20 dwellings to Lee Mill.  The proposed site is outside the development boundary.  It is not an allocated site.  There is no identified local need.  All affordable housing needs in Sparkwell Parish are met.  The proposal is contrary to DP15  There is a high level of local opposition. 37 letters from individuals.  The Parish Council strongly object.  New Park Road is the proposed access road. This is already the subject of major local concerns about traffic volumes, speed and inadequate parking.  As correctly said in officer report ‘This proposal does not meet the essential, small scale local development needs of the community.’ It is not small scale and does not meet local development needs. Recommendation: Recommendation: Delegate to CoP Lead Development Management, in conjunction with Chairman to conditionally grant planning permission, subject to a Section 106 legal obligation.

However, in the event that the Section 106 legal Agreement remains unsigned six months after this resolution, that the application is reviewed by the COP Lead Development Management, in consultation with the Chairman of the Committee, and if no progress is being made delegated authority is given to the CoP to refuse to application in the absence of an agreed S106 Agreement.

The terms of the Section 106 Obligation are:

 30% affordable housing  £6000.00 per dwelling towards a capacity, safety, amenity and air quality mitigation scheme in and around Lee Mill. To be paid on occupation of 25 percent of the dwellings  £15,000 towards improving the Unclassified Road 301 in Sparkwell. To be paid prior to occupation of the first dwelling.  £300.00 per dwelling towards travel vouchers  Travel pack  Welcome Pack  £338,679 towards education facilities  £184,106 towards school transport  Occupants (to be calculated based on Table 3 of the SPD) x £595 towards ‘Provision of a MUGA at Bottlepark and/or Extension of Clubhouse at Erme Valley Playing Fields, Ivybridge and/or provision of an all-weather pitch at Ivybridge Community College.’  Occupants (to be calculated based on Table 3 of the SPD) x £380 towards ‘improvements to, and ongoing maintenance of, play facilities at the adjacent Bottlepark play area’  Public access and on-going management and maintenance of the on-site public open space in perpetuity, including allotments.  Implementation of LEMP and SUDs

Conditions (included in full at end of report)

1. Std outline time 2. Std outline submission of Reserved Matters 3. Accords with plans 4. PROW diversion order to be made prior to commencement of development 5. CEMP 6. Estate road etc details to be agreed and provided 7. No other development until first 20m of access has been laid out 8. Phasing to be agreed 9. Roads for each phase to be provided 10. Unsuspected contamination 11. Footways to Holly Berry Road to be completed prior to occupation of any dwelling 12. Prior to commencement access scheme to be agreed (in respect of PROW) 13. Any public rights of way crossed by vehicles shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times 14. Prior to commencement to secure the implementation of a programme of archaeological work in accordance with a written scheme of investigation agreed with the LPA 15. Submission and agreement of details (including on-going management and maintenance) of the public open spaces including surface water drainage and allotments at reserved matters stage. 16. Lighting strategy at RM showing no more than 0.5 lux within 5m of boundary features and reflecting recommendations of section 9 of the Bat Activity Report (Ecological Surveys Ltd, Nov 2017). 17. Submission of a LEMP at RM detailing ongoing management and maintenance of retained and created public open space/boundary features. 18. Submission of an Ecological Mitigation and Enhancement Strategy at Reserved Matters (to include mitigation and enhancement proposals for construction and operational phases. The EMES should be fully integrated with the Landscape Scheme and should demonstrate net gain in biodiversity, reflecting recommendations within sections 7 and 8 of the Ecological Appraisal (Ecological Surveys Ltd, May 2017). 19. Prior to first occupation of any residential unit, a scheme to secure mitigation of the additional recreational pressures upon the Tamar European Marine Site, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in full prior to first occupation. 20. Landscape details to be agreed in RM and implemented 21. Tree and hedge protection details to be provided in RM 22. Drainage – percolation testing 23. Drainage - detailed scheme 24. Drainage- construction phase 25. Provision of parking and turning areas prior to occupation 26. Removal of PD – boundary treatments, hard standings, roof extensions 27. Electrical charging points – details to be provided and implemented

Key issues for consideration: The site lies outside of the settlement boundary within the countryside and is not an allocated site for development. The principal of development on such a location is contrary to the development plan; the key issue relates to whether or not there are material considerations that would justify allowing this development contrary to the provisions of the development plan. In the absence of a 5 year housing land supply a material consideration will be the NPPF and the presumption in favour of sustainable development. Financial Implications (Potential New Homes Bonus for major applications): It is estimated that this development has the potential to attract New Homes Bonus of £143,320 per annum, payable for a period of 4 years. Members are advised that this is provided on an information basis only and is not a material planning consideration in the determination of this application.

Site Description:

The site comprises approx. 6.5 ha of agricultural land located to the west and north of the village of Lee Mill, approx. 2 km west of the town of Ivybridge. Lee Mill is a modest village built along the Plymouth Road, sitting immediately north of the A38. Facilities within the village are limited and include a pub, a church and a garage shop. The large Tesco superstore is located just outside the village as is Lee Mill Industrial Estate. There are bus links from the village to Plymouth and Ivybridge.

The sites includes three arable fields bounded by hedgerows, the site topography falls gradually from north west to south east. To the south and east the site adjoins the new housing development at Holly Berry Road and existing housing on New Park Road. Part of the site directly adjoins New Park Road. Agricultural land lies to the west, north and north east.

A public footpath (Sparkwell Footpath 12) crosses the site diagonally from the east (Holly Berry Road) to the north west corner of the site. A further public right of way (Green Lane) runs north south adjacent to the north east site boundary

It is proposed that vehicular access will be taken from New Park Road with pedestrian access to Holly Berry Road retained.

A public open space has recently been provided as part of the adjacent Holly Berry Road development

The Proposal:

This is an outline planning application for up to 110 dwellings with only access to be agreed at this stage. An illustrative masterplan has been submitted however to demonstrate how 110 dwellings could be accommodated within the site. The illustrative plan shows the following housing mix:

7 x 1 bed apartments 5 x 2 bed FOG 26 x 2 bed dwellings 53 x 3 bed dwellings 19 x 4 bed dwellings

This mix is indicative and could change at reserved matters stage.

The Design and Access Statement sets out the rational for the illustrative layout, explaining the applicants intent to create a new neighbourhood in a strong landscape setting at the north western edge of Lee Mill, providing landscape breaks within the scheme to break the scheme into smaller parcels when viewed from the south west and to retain existing trees and hedgerows where possible.

A substantial area of land in the north west corner of the site is indicated as pubic open space (a hilltop park), connected back to the village by the public footpath, which will generally follow the same route but with some diversion necessary. This amenity area is shown as being visually separated from the housing development by a landscape buffer of tree planting.

Allotments with parking are shown in the south west corner of the site Overall the illustrative scheme shows 2.36 ha of informal open space and 0.71 ha of allotments, plus attenuation ponds

Attenuation ponds are located at the lowest part of the site on the north east boundary, justification for this is set out in the Flood Risk Assessment. It is stated that these ponds will reduce existing greenfield runoff rates.

Vehicular access is shown off New Park Road, this is not a reserved matters and detailed drawings of this access form part of the application.

A parking court for existing residents to alleviate the demand for on street parking is indicated within the southern part of the site, behind the rear of properties on New Park Road.

30 % affordable housing is proposed to be distributed across the site

Consultations:

 County Highways Authority: No objection subject to Section 106 Obligations and conditions

 Highways England: No objection

 DCC PROW: No objection subject to conditions

 DCC Archaeology: No objection subject to conditions

 DCC Education: No objection subject to financial contributions towards secondary school infrastructure and school transport

 DCC Flood Risk: No in principal objection

 SHDC Biodiversity: No objection subject to conditions

 SHDC Landscape: No objection subject to conditions

 SHDC OSSR: No objection subject to Conditions securing:  Submission and agreement of details (including on-going management and maintenance) of the public open spaces including surface water drainage and allotments at reserved matters stage; and

S106 clauses securing:  Occupants (to be calculated based on Table 3 of the SPD) x £595 towards ‘Provision of a MUGA at Bottlepark and/or Extension of Clubhouse at Erme Valley Playing Fields, Ivybridge and/or provision of an all-weather pitch at Ivybridge Community College.’  Occupants (to be calculated based on Table 3 of the SPD) x £380 towards ‘improvements to, and ongoing maintenance of, play facilities at the adjacent Bottlepark play area’  Public access and on-going management and maintenance of the on-site public open space in perpetuity.

 Environmental Health Section: No objection subject to conditions

 Natural England: Site is within the zone of influence for the Plymouth Sound and Estuaries SAC and Tamar Estuaries Complex SPA and new housing here is likely to have a significant impact on its interests. As such mitigation is required  Police AOL: Detailed advice provided.

SHDC Affordable Housing: I am not convinced that there is an identifiable need for more affordable homes in the parish of Sparkwell. A parish level housing needs survey was undertaken in March 2013 and that identified a need for 11 new affordable homes over the next 5 years. This need has since been met by a development in Sparkwell, where development is currently underway for 22 homes, 11 of which are affordable.

If this development was to come forward, it would not meet a local housing need but a district wide housing need.

Policy DEV8 in the emerging Plymouth and South West Devon Join Local Plan states, “within rural areas all residential developments of 11 dwellings or more will provide a minimum of at least 30% affordable housing.”

If this application is approved we would require more detailed discussions with the applicant on the type and tenure of the affordable homes to meet our statutory housing needs.

 South West Water: No objection

 SHDC Strategic Planning: Contrary to adopted and emerging development plan policies however this conflict is not significant at present having regarding to the status of these plans.

 Town/Parish Council: Objection: The proposed development is an unacceptable expansion of the current Lee Mill community given that:

It exacerbates the current serious problem of traffic movements in New Park Road, Lee Mill which is at a critical level when on street parking is at its most dense. This problem is one which has been addressed by all levels of governance in the past five years – with no solution.

Any provision of off-site parking for the New Park Residents within the development will be remote and unattended; therefore rejected by most residents.

New park Road carries the bus route and also the cycle route to and from Plymouth.

Any proposal for access to the A38 via the Smithaleigh junction may overload the current westbound slip. Note: the next junction has one closed slip as too dangerous.

New park Road/Holly Berry Road junction is already used as an informal ‘park and ride’ site ofr commuters and no viable solution has been found for this hazard.

Any outline consent at this time would be inappropriate as the Joint Local Plan is in the latter stages of consultation, currently it seem far more likely that a site with no access to New Park Road will be a preferred option.

Representations:

Approximately 37 letters of objection of been received raising issues which include the following:

 There has been an increase in road incidents in the vicinity of Lee Mill in the past 5 years (300% increase in fatal and/or serious road incidents and a 33% overall increase - this is a result of the circa 50 new houses built at Holly Berry Road.  The Local Plan in 1989 identified a need for improvements to mitigate increased traffic on the eastbound sliproad from the A38 which passes through the village. All that has happened since then is the introduction of 3 traffic islands on the Plymouth Road.  Residential part of New Road is not 6m wide as stated in the Transport Assessment.  Devon has seen 6% increase in volume of road users over last 20 years compared to 33% at Lee Mill.  Surface water runoff from the site currently enters gardens at Holly Berry Road. Has this been taken into account in drainage scheme?  JLP allocates only 20 new homes for Lee Mill  Other sites in the area are to be sold and may come forward for housing, causing greater traffic problems.  Local schools are oversubscribed  Cumulatively will result in a doubling in the size of Lee Mill in the last 7 years with no improvements to local services.  Flash flooding already a problem in the area, increasing hard surfacing will make this worse.  Traffic congestion already a problem in the area and this makes it difficult for emergency vehicles to gain access.  Cars park on New Road making it single lane and easily congested  Adverse impact on local wildlife.  Disproportionate to size of village, adverse impact on village character  Enough houses are being built at Sherford – no need for more  Bus services are limited  Poor pedestrian links – no footpath on New Park Road  Transport Impact assessment is flawed in many of its assessments.  Due to sloping topography of the site the development will cause loss of light and loss of privacy to adjoining residents  Access to properties opposite the proposed new access is already problematic and will be made worse – a fatal accident has already occurred here.  Lee Mill has v few local facilities having no shop, no post office, school or village hall  Light pollution – adverse impact on Dartmoor  Loss of green space around the village will reduce amenity  Empty houses are available in Plymstock  Doctors are oversubscribed  Better sites are available such as the Marquis Motorhomes  New Park Road is the main cycle route into Plymouth (NCN2) – added traffic will make this more dangerous  Loss of farmland  Noise disturbance

Relevant Planning History

49/1162/08/F: Erection of 65 dwellings (25% affordable housing) provision of site for future village hall and car park, open space, access, servicing and landscaping, Conditional approval. (This relates to the adjoining new development on Holly Berry Road)

ANALYSIS

Principle of Development/Sustainability:

The principle of the development needs to be reviewed in the context of national and local planning policy.

The Development Plan

Paragraph 38 of the Planning and Compulsory Purchase Act 2004 establishes that a determination must be made in accordance with the plan unless material considerations indicate otherwise. The adopted Development Plan includes the Core Strategy 2006 and the Development Plan Policies 2010.

Policy CS1 identified settlements where the principle of development is acceptable and this includes the village of Lee Mill. The application site however is outside the settlement boundary where policy CS1 States that development will be strictly controlled and only permitted where it responds to a demonstrable local need.

Policy DP15 addresses development in the countryside and states that within the countryside, development will be permitted where it requires a countryside location and:

a. supports the essential needs of agriculture or forestry interests; or b. meets the essential, small scale, and exceptional local development needs of a settlement which cannot be met within development boundaries.

The application does not respond to a demonstrable local need for housing nor is it small scale. As such the proposed development does not accord with these development plan policies

Also relevant is the emerging Plymouth and South West Devon Joint Local Plan (sJLP) which has been subject to examination and an Interim Inspector’s Report issued. Relevant to the determination of this application are policies including SPT1 (Delivering Sustainable Development) SPT2 (Sustainable linked neighbourhoods and sustainable rural communities) and TTV31 (Development in the Countryside.)

The sJLP sets out, in Policy SPT3, a revised Objectively Assessed Need for housing in the Borough in the context of the Plymouth Housing Market Area and identifies land allocations to meet and exceed that need. Policy TTV31, Development in the Countryside, effectively updates Policies CS1 and DP15 of the adopted development plan, stating, inter alia, that:

The LPAs will protect the special characteristics and role of the countryside. The following provisions will apply to the consideration of development proposals:

Housing and employment development adjoining or very near to an existing settlement will only be supported where it meets the essential, small scale local development needs of the community and provides a sustainable solution.

The proposed development lies outside the draft settlement boundary for Lee Mill and as such should meet the requirements of Policy TTV31 of the sJLP. In particular criterion 1, which requires that housing and employment development adjoining or very near to an existing settlement will only be supported where it meets the essential, small scale local development needs of the community and provides a sustainable solution. This proposal does not meet the essential, small scale local development needs of the community.

The principle of the proposed development is contrary to the provisions of the development plan and the sJLP.

National Planning Policy Framework (NPPF) and 5 Year Housing Land Supply

It is relevant to consider the application in the context of the National Planning Policy Framework, 2018

Paragraph 11 of the NPPF states inter alia, that

At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, For decision-taking this means:

 approving development proposals that accord with the development plan without delay; or

 where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date, granting permission unless:

the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed; or

any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.

Footnote 7 to this paragraph states that when considering if polices are out of date this includes, for applications involving the provision of housing, situations where the local planning authority cannot demonstrate a five year supply of deliverable housing sites (with the appropriate buffer, as set out in paragraph 73); or where the Housing Delivery Test indicates that the delivery of housing was substantially below (less than 75% of) the housing requirement over the previous three years. Transitional arrangements for the Housing Delivery Test are set out in Annex 1.

Officers note that, with regard to the adopted development plan, South Hams District Council cannot demonstrate a 5 year housing land supply (5YHLS). A 5YHLS has been identified as part of the sJLP however elements of this were subject to challenge within the recent examination; in the absence of an Inspector’s report to confirm the acceptability of the identified need and supply the 5YHLS cannot yet be relied upon.

Having regard to the lack of demonstrable 5YHLS the tilted balance in favour of sustainable development applies to the consideration of this planning application whereby planning permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits.

Consideration of the three elements of sustainability

Environmental Impacts

Design/Landscape:

The application is in outline with matters such as layout, scale and appearance to be agreed as reserved matters.

The site is within the setting of Dartmoor National Park. Paragraph 172 of the NPPF states that great weight shall be given to conserving landscape and scenic beauty of National Parks.

This application has been assessed by the Council’s Landscape Specialist who has commented as follows:

Officers were involved in pre-application dialogue on potential impacts on landscape; this included site visits and subsequent comment over scale, form and layout. Whilst not within a protected landscape, the site is on the settlement edge of Lee Mill and within the setting to Dartmoor National Park. On this basis, particular attention has been given to views from the moor where specific concern was raised about distant views and the potential for the new development to adversely increase effects of development within the setting. Recent development has seen the expansion of Lee Mill to the west, and this proposal would see this continuing to the west and north. Following a review of initial material and assessments, initial comments can be summarised as follows:  the LVIA is broadly sound and balanced but some initial concern was raised over impacts from part of the site where it affects adjacent footpaths and more sensitive distant views  both the site and some of the more sensitive viewpoints (VP 1, VP5) were visited, including a trip up to Hanger Down (VP 4) within DNP  officers had specific concerns are over the quantum of development, especially the area to the north of the dividing hedge (which runs east to west) where the land roles over to a degree so can be seen more distinctly from the viewpoints around the moorland side – it also has the significant part of the public footpath running across it  at a local level, from the adjacent footpaths/green lane, impacts could adversely affect the amenity of sensitive receptors  less concern arises for the other fields because they are more closely associated with Lee Mill and its context but will need to closely assessed where the proposals extend up the slope to the west

Landscape Character and Visual Impact

As noted the LVIA is considered to be sound and takes a reasoned approach to assessing the various impacts which could arise from a development in this location. Officers broadly concur with the appraisal and conclusions drawn; the summary of residual effects is fair and the effects on landscape and visual amenity well-reasoned. The proposal is in outline, with a schematic layout showing areas of open space and planned housing. The site is located within Devon Character Area – Plymouth and Modbury Farmlands, and the influences the adjacent area Southern Dartmoor and fringes. It is within the landscape character type recorded as 3E - Lowland plains, and adjacent to 3B – Lower rolling farmed and settled valley slopes to the east.

The site and surrounding landscape is typical of the character – that of a settled farmed landscape with strong rural qualities impacted upon by nearby urban development, infrastructure and more intensive industrial use. Field patterns are irregular, medium to large scale, and principally pastoral locally (grazed around Langage dairy farm); the site is clearly influenced by the defining and dominant characteristic of Dartmoor to the north, in particular part of the site rolls over to a more northern aspect and therefore more readily associated with the moorland fringe. However, the site is also associated with the A38 corridor and Lee Mill to the south and east. Here the landscape is less sensitive to change and impacts would have a reduced overall impact.

Limited public access sees the landscape in parts seem remote and tranquil although less so around the site; settlements are often small in scale, but recent expansion has seen Lee Mill grow in a linear pattern, influenced by the A38 to the south and more industrial uses to the east (good access to highway infrastructure for the industrial estates and hypermarket). The landscape has seen considerable change as a result of mineral extraction and urban development, with the local condition adversely effected by this, although parts are good; development around Lee Mill should be controlled and well considered in the context of, and potential impacts on, Dartmoor.

The current outline proposal is broadly acceptable in terms of form and scale, where the higher slopes are left undeveloped, with limited overall impact on the wider landscape character. But given the quantum of proposed development, it could have an adverse effect around local public routes where receptors will have a higher sensitivity to development as routes extend out into the adjoining rural landscape. This should be controlled and addressed at Reserved Matters stage should the application be approved. The long views across the landscape to and from Dartmoor will be protected and largely unaffected by the proposals as set out in the outline. Onsite hedgerows are retained and enhanced.

Particular attention should be given to the location and relationship open space has to the built form, especially through the central part along the existing footpath e.g. usable and functional space with natural surveillance. Retention under agricultural use would be preferred for the more peripheral areas. Development within the northern parcel should be limited in scale and addressed through reduced building heights and clustering of buildings in a more informal farmstead pattern to avoid adverse impacts on the wider landscape and views from Dartmoor and its fringes where it would be read in a rural context. Opportunities to increase planting and secure the existing peripheral vegetation will be important to the context, and should be managed in a sustainable manner in order to achieve guidelines for planned development.

In conclusion the landscape character and visual amenity is largely conserved, although the quantum of development is considered large and where feasible could be reduced, in particular within the north parcel of land (LVIA Field 3); overall the proposal accords with policy DP2. No objection subject to conditions.

Protected Landscape

Dartmoor National Park is located to the north and east, where due consideration shall continue to be given to the management plan objectives. Given the distance and intervening rolling landform, impacts on the moor are limited but could potentially be adversely affected by final scale and form.

Arboricultural Impact

The submitted survey is noted. Landscape features including hedgerows and trees are largely retained and should not limit overall approach being taken. Important features shall be retained and protected during development.

Recommendation No objection subject to conditions

It is considered that the wider landscape impacts of the proposed development are acceptable having regard to the location and quantum of development proposed. Design, scale and appearance remain matters reserved for future consideration.

Ecology

This application has been assessed by the Council’s ecology specialist who has commented as follows:

Onsite Biodiversity

The site comprises three arable fields bounded by predominantly species-poor (with some stretches of species-rich) hedgerows. The proposal would lead to loss of the arable fields, and one stretch of species-poor hedgerow, and has the potential to lead to light spillage on hedgerows.

Bat Activity surveys noted a low level of activity at the site with relatively low species diversity, reflecting the habitat types at the site and limited foraging resource for bats. The vast majority of activity was recorded from Common Pipistrelle bats, with 3 passes recorded by Greater Horseshoe bats during automated surveys.

There is potential to retain and enhance the wildlife features of the site (namely hedgerows), and to avoid/mitigate potential impact on hedgerows (the ecologist has advised avoiding light levels of above 0.5lux within 5m of hedgerows), and to enhance wildlife value through new hedgerow and tree planting, wildflower planting, and other features for wildlife (e.g. inbuilt bird and bat boxes). Such measures are outlined within the submitted Ecological Appraisal and should be fully detailed at Reserved Matters Stage within an Ecological Mitigation and Enhancement Strategy. Notwithstanding that this is an Outline proposal only, and the site plan is illustrative only, as currently proposed it is noted that public open space/buffers much of the retained and proposed hedgerow (including the species-rich hedgerow) affording the opportunity to secure beneficial long term management via a Landscape and Ecological Management Plan as opposed to hedgerows being included in residential curtilages and potentially being degraded. The Illustrative Framework Plan reflects the potential for mitigation and enhancement and the measures are outlined within the submitted Ecological Appraisal – this should be fully detailed at Reserved Matters Stage within an Ecological Mitigation and Enhancement Strategy.

Recommendation: No objection subject to following conditions:

- Lighting strategy at RM showing no more than 0.5 lux within 5m of boundary features and reflecting recommendations of section 9 of the Bat Activity Report (Ecological Surveys Ltd, Nov 2017). - Submission of a LEMP at RM detailing ongoing management and maintenance of retained and created public open space/boundary features. - Submission of an Ecological Mitigation and Enhancement Strategy at Reserved Matters (to include mitigation and enhancement proposals for construction and operational phases. The EMES should be fully integrated with the Landscape Scheme and should demonstrate net gain in biodiversity, reflecting recommendations within sections 7 and 8 of the Ecological Appraisal (Ecological Surveys Ltd, May 2017).

Offsite Biodiversity

The site falls within the Zone of Influence for new residents have a recreational impact on the Tamar European Marine Site (comprising the Plymouth Sound and Estuaries SAC and Tamar Estuaries Complex SPA). This Zone of Influence has recently been updated as part of the evidence base gathering and Duty to Cooperate relating to the Joint Local Plan, namely the study completed to consider recreational pressure of residents from new development upon the Tamar European Marine Site (EMS Recreation Study Document 04. Survey of recreational use within the Plymouth Sound and Estuaries European Marine Site: Scoping report and survey results, MBA, March 2017).

The Study clarified and confirmed a 12.3km ZOI around the Tamar EMS. The proposed development site within this ZOI for the Tamar EMS, and accordingly the recreational pressure of new residents associated with the development will require mitigating to ensure they do not have a significant effect on the Tamar EMS (put another way, without mitigation the new residents in combination with other development could have a likely significant effect on the Tamar EMS).

This is considered in more detail in the Habitats Regulations Assessment of the Joint Local Plan (July 2017) which notes that:

‘In order to address the impacts arising from the increased recreational pressure, a single mitigation strategy will be agreed with Plymouth City Council, South Hams District Council and West Devon Borough Council and also with Cornwall Council and a mechanism for securing the funding through planning obligations will be set out and agreed in a Supplementary Planning Document (SPD). Using evidence from the Plymouth Sound and Tamar Estuaries Recreation Study (Marine Biological Association, 2017), a single mitigation strategy will identify the interventions required and the SPD will then set out the charge that will be applied to all new dwellings and tourist developments within a ‘Zone of Charging’ as set out in Policy SPT13 ‘European Protected Sites – mitigation of recreational impacts from development’.

The Strategic Access Management and Monitoring Strategy (SAMMS) list is currently being finalised, with a view to being agreed through Duty to Cooperate and Natural England (and will ultimately inform the JLP SPD) – this being a costed list of management actions that are required to mitigate impacts of new residents, and towards which commuted sums from development are required to contribute towards delivering.

Until the time that the SAMMS list has been formalised and the per dwelling figures updated by virtue of an adopted JLP SPD, the existing per dwelling figures are being used from the Plymouth Travel To Work Area, as have previously been used by Cornwall Council, Plymouth City Council and SHDC and as are reflected in the proposed condition.

A HRA Screening and Appropriate Assessment of the proposed development has been undertaken and is available to view on the web site

Recommendation – no objection subject to condition

Condition: - Prior to first occupation of any residential unit, a scheme to secure mitigation of the additional recreational pressures upon the Tamar European Marine Site, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in full prior to first occupation.

Informative: This condition can be satisfactorily addressed by means of a pre-occupation contribution towards improved management within the Tamar European Marine Site (informed by the SAMMS list) calculated in accordance with the following table (or any subsequent SPD approved at the time the contribution is sought) once the dwelling mix is formalised. At that time the Applicant should contact the Council's Development Management team to arrange payment of the contribution

PROW I note that a PROW crosses the site and the proposal would require a diverted route at the eastern extent of the site – I note that DCC PROW team have submitted a consultation response on this matter. The proposed route would require a s257 diversion order (application separately made to the LPA under s257 of the Town and Country Planning Act, 1990) to divert the PROW in relation to facilitating the proposed development. The development would not be able to affect the PROW without the s257 Order being made and confirmed. A s257 can be applied for if diverting a PROW is be necessary to enable a development to proceed. The s257 diversion order application has its own consultation, criteria and decision making processes. Equally, the requirement for a diversion of the PROW should not be perceived as a material consideration in terms of decision making for this Outline planning application.

Nonetheless this is a useful opportunity to advise the applicant that the success of a diversion order should not be assumed and is subject to its own consultation, and the whole process can be quite time consuming. If the outline planning permission is granted, the applicant is advised that contact should be made with the LPA to commence an informal consultation process, with a view to running any formal consultation concurrently with any subsequent Reserved Matters application.

The impacts of the scheme on biodiversity are considered to be acceptable subject to mitigation as recommended above.

Neighbour Amenity:

The illustrative layout indicates that is possible to accommodate 110 dwellings on the site in a way which would not have a significant adverse impact on neighbour amenity. Detailed matters such as overlooking /loss of light would be assessed at reserved matters stage.

A further amenity issue relates to highway impacts. As demonstrated in the representations of local residents and the Parish Council the amenity of Lee Mill, in particular for residents living on and using New Park Road is adversely affected by the amount of traffic using New Park Road. The proposed development of 110 homes using an access from New Park Road will increase traffic movements exacerbating the amenity issue arising such as noise, pollution, perceptions of safety, congestion and general dominance of the area by motor vehicles. The Highway Authority has identified a need for and means of mitigating these impacts as set out in their highway response below.

Subject to the Section 106 financial obligations requested by the Highway Authority impacts on amenity are acceptable and have the potential to improve amenity generally in the area through improved traffic management

Heritage:

Devon County’s archaeologist has commented on this application having regard to the report setting out the results of the archaeological field evaluation at the site. This has confirmed the presence of a, as yet undated, ditched enclosure containing evidence of structures or buildings within.

These structures and enclosure could date to the prehistoric or early medieval period, but as heritage assets are not of such significance that they warrant preservation in situ within any development that may proceed here.

However, since development here will expose and destroy these heritage assets, it is advised in accordance with guidance in paragraph 3.69 for South Hams Development Policy DP6 and paragraph 199 of the National Planning Policy Framework (2018) that any consent your Authority may be minded to issue should carry the condition as worded below, based on model Condition 55 as set out in Appendix A of Circular 11/95, whereby:

‘No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.’

The development shall be carried out at all times in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the District Planning Authority.

Subject to adherence to this proposed condition impacts on heritage assets are considered to be acceptable.

Highways/Access:

Significant concerns have been raised by local residents about the traffic impacts of this application. Comments are made that New Park Road is very busy, taking traffic from the A38 through the village, on street parking on New Road restricts the width of the road forcing a ‘give and take’ situation for road users, this causes congestion. It is also commented that footpaths on New Park Road are not continuous and this causes highway safety issues.

This application has been considered by the Highway Authority who have commented as follows:

Introduction

The proposed site is bounded to the south and east by existing residential dwellings (i.e. the Holly Berry Road development) and to the north and west by agricultural land.

The site is bordered to the south by New Park Road which is approximately 6.0m wide past the site. The link operates under the national speed limit to the west of the site and a 30mph limit to the east, from which point it is lit.

New Park Road to the east connects to Plymouth Road as the minor arm of a simple priority junction. From Plymouth Road, access to the A38(T) Devon Expressway (eastbound) is available at the Lee Mill junction, leading to Ivybridge and Exeter as well as Totnes and Torbay via the A385. The Lee Mill A38 (T) junction also offers access westbound from Plymouth Road, via a priority junction with Plymouth Road and an underpass beneath the A38(T).Plymouth Road also provides access to Lee Mill Industrial Estate and Hospital via Beech Road. New Park Road to the west transitions into Moorland Road and leads to the A38(T) Devon Expressway at the Smithaleigh junction (westbound), leading to Plymouth and further west to Liskeard. The section of Moorland Road between Lee Mill and the Lane to Langage Farm is subject to a 7.5T weight restriction.

Holly Berry Road to the east of the site is of varying width, which connects to New Park Road near to the junction with Plymouth Road. The street terminates at a turning head and private parking courts adjacent to the eastern boundary of the proposed development site.

To the east of the site, there is a green lane known as ‘Harris Way to Challonsleigh’, which is identified as public highway between Holly Berry Road to the south and a PROW and single-track lane to the north. The route comprises an informal earth and stone track, and its use is predominantly for leisure based trips.

Transport Implications

As can be seen in the Transport Assessment a speed and vehicle flow survey has been commissioned on New Park Road and the results can be seen on Pg. 11 of the submitted Transport Assessment. The access junction proposed from New Park Road has been designed in accordance with Manual for Streets and the visibility splay accords with the recorded 85th percentile vehicle speeds. The proposed junction can be seen in the appendices of the Transport Assessment. The design is accepted by the Highway Authority. New Park Road does not offer nor can offer a separate footway along its entire length, with the closest section located approximately 160m east of the site access.

Holly Berry Road provides a footway along most of its length with a small section of shared space road with an adjacent grass verge. Alternative, dedicated pedestrian routes past and through the adjacent public open space connect to pedestrian facilities along Bottle Park and further east along Holly Berry Road. From these points, the remainder of Lee Mill can be accessed via the local footway network.

It is hoped and intended three pedestrian or cycle links shall be upgraded and provided to Holly Berry Road and therefore there will be safe access provision. The access designs can be seen in the appendices of the Transport Assessment.

In terms of vehicle traffic the Highway Authority notes the findings of the Transport Assessment identify no capacity issues likely to be created on the local highway network near the site. This is not disputed by the Highway Authority noting the robust evidence base that has been presented. It was agreed the site access and New Park Road/Plymouth Road would be assessed and neither of these junctions are predicted to become over saturated as a result of the development. It can be seen in both peak hours (8:00am - 9:00am and 16:00pm - 17:00pm) the development will generate around 80 - 90 two way vehicle trips. This on average is less than two vehicles a minute and therefore the Highway Authority has no cause for concern purely looking at the site on a piecemeal basis.

Whilst no direct local highway capacity impacts are predicted to occur directly from this development, the combination of the emerging Local Plan sites and receipt of unallocated/departure planning applications in the area has meant the Highway Authority has had to review its position and look at the local highway impact from a cumulative perspective.

In particular evolving and escalating local concerns have become apparent from the consultation on this application and thus there are significant objections to the LPA to the development on traffic grounds – both road safety and amenity. These have created political demand for highway mitigation measures to be sought around Lee Mill and the Highway Authority is under pressure to develop schemes to mitigate, safety, capacity, air quality and amenity impacts for the residents of Lee Mill. In order to address this issue the Highway Authority is changing its recommendation to request significant S106 funding. At this stage since the applicant has not had chance to respond to the request the Highway Authority is not objecting, but it may look to change its recommendation should the request be refuted.

S106 Requests

£6000.00 per dwelling towards a capacity, safety, amenity and air quality mitigation scheme in and around Lee Mill. To be paid on occupation of 25 percent of the dwellings.

The Highway Authority notes the proposals will likely increase traffic to and from Plymouth on a daily basis. In order to re-enter Lee Mill from the Plymouth direction north, it would be likely drivers from the development would slip off the A38 onto the C646 road. This road has narrow and intermittent footways and it is deemed appropriate to seek mitigation for the existing residents through S106.

£15,000 towards improving the Unclassified Road 301 in Sparkwell. To be paid prior to occupation of the first dwelling.

£300.00 per dwelling towards travel vouchers

Public Rights of Way

The existing public right of way (PROW) (Sparkwell Footpath 12) crosses the site from Langage Farm to the northwest to Holly Berry Road in the east. Any reserved matters application will need to consider the legalities and time constraints of any proposed diversion.

A diversion under 257 would be most appropriate, i.e. the diversion being necessary to enable to development to take place in accordance with planning permission (either in the case where permission has already granted or if permission were granted in respect of a planning application).

As a diversion is a separate legal process I don't believe it can be made a condition of planning consent, i.e. planning consent only being granted upon the path being diverted, nor a planning obligation. I believe a condition could however be worded such that, for example, permitted works should not commence, or the permitted access not brought into use (whatever would be most appropriate in this particular case), until a diversion order has been made, confirmed and brought into force. Public Rights of Way should be consulted to obtain a suitably worded condition.

Drainage

It is noted the drainage strategy shows the Highway Surface Water is to be routed to attenuated storage oversized pipes. One is route to connect into an existing South West Water surface water pipe in New Park Road and the other is routed at an attenuated rate to a watercourse. South West Water will need to be content with this approach. The Flood Risk Team should also be consulted. The Drainage Strategy does not identify where the watercourse outfall point is not what infrastructure at the outfall is already in place. This information should be sought so that an assessment of its suitability can be made.

Subject to the mitigation measures provided by the Section 106 Obligations recommended above the highway impacts of this development are considered to be acceptable. Drainage

The management of surface water related to this application has been assessed by DCC as Lead Local Flood Authority, initial objections have been overcome through the submission of additional supporting information. No objection is now raised subject to conditions.

South West Water raise no objection

Environmental impact conclusion:

The loss of any greenfield site will generally lead to a negative landscape impact; in this case the impact has been assessed as not being significant but nevertheless weighs against the development. No other significant adverse environmental issues arise.

Economic impacts:

Housing development is recognised as an important driver of economic growth and there would be economic benefits to the construction industry from the proposed development. Once the dwellings were occupied there would be an increase in the level of disposable income from the occupants some which would be likely to be spent in the local area with some increase in the demand for local goods and services.

Social Impacts

The delivery of an additional 33 (approx.) affordable homes is a significant social benefit, notwithstanding the comment from the Affordable Housing Specialist that this is likely to satisfy a district wide demand rather than a local demand. Lee Mill is an appropriate location for affordable housing with job opportunities on the adjacent industrial estate and large supermarket and with bus links to Ivybridge and Plymouth.

Concern has been raised about the social impact of significantly increasing the population of Lee Mill and how this will impact on the local community. Unplanned development such as this does not bring with it the infrastructure and local service improvements that can come with planned development and this weighs against the development.

The financial contributions requested towards highway improvements in the area could improve the amenity of the area which is a social benefit.

The illustrative drawing shows a large area of public open space within the scheme which would be a social benefit for the village.

On balance the social benefits weigh in favour of the development.

Other Matters

Open Space, Sport and Recreation:

This application has been assessed by the Council’s Open Space Sport and Recreation Specialist who has identified that based on the accommodation schedule set out in the Design and Access Statement and Table 3 in the SHDC OSSR SPD the development would generate 395 new occupants. Comments from the officer are as follows Public Open Space

The Illustrative Framework Plan shows the main area of public open space to be in the west of the site, comprising a Hill Top Park to the north and allotments to the south. In addition there are strips of public open space along the north and southern boundaries, SUDS along part of the eastern boundary and a strip of public open space running from west to east across the site, coinciding with an existing hedgerow to be retained.

The Design and Access Statement states that there is a total provision of 3.07ha of Public Open Space, comprising 0.71ha allotments and 2.36ha informal public open space. The SHDC OSSR SPD doesn’t set out quantity standards for public open space but the proposed standard of 2.18ha of accessible natural greenspace per 1,000 people set out in the OSSR Study (2017), which forms part of the Joint Local Plan evidence base, could clearly be met at the site.

Full details of the public open space would need to be submitted for approval at the reserved matters stage. Where possible the SUDS features should be designed to be useable areas of open space contributing to amenity, landscape and biodiversity objectives as well as drainage. It is noted that an existing hedgerow to be retained currently bisects the proposed Hill Top Park and, subject to biodiversity constraints, it is considered that it would be useful to provide pedestrian linkage between these areas.

Play

The public open space provides opportunities for informal play but no formal equipped play is currently proposed on site.

The site is adjacent to an existing Neighbourhood Equipped Area for Play at Bottlepark. The existing playarea is well used and maintained. However, in order to cater for the new residents, improvements to the play area will be required through the provision of additional equipment, both to more fully cater for the needs of older children (8-14 year olds) and add to the range of equipment/play experiences offered.

A financial contribution would thus be required in accordance with the SHDC OSSR SPD (2006) to enhance the local play facilities at Bottlepark. Applying Tables 3 and 6 of the SHDC OSSR SPD (2006) the following should thus be secured within the s106 agreement:

· Occupants (to be calculated based on Table 3 of the SPD) x £380 towards ‘improvements to, and ongoing maintenance of, play facilities at the adjacent Bottlepark play area’

Sports and recreation

The development site is unable to incorporate sports and recreation facilities as required by policy on site.

The Parish Council has identified the need for a Multi-Use Games Area to cater for older children/adolescents, which could be located at Bottlepark in close proximity to the proposed development site. In addition, the new residents will generate increased pressure on existing sports and recreation facilities. The most local major sports and recreation facilities are located in Ivybridge to the east and it is reasonable to assume that the new residents will make use of these facilities.

The South Hams Playing Pitch Strategy (and subsequent updates) includes the following projects in Ivybridge:

· Extension of Clubhouse at Erme Valley Playing Fields for Ivybridge Town Football Club · Additional All Weather Pitch at Ivybridge Community College It is highly likely that the new residents would use the existing sports and recreation facilities in Ivybridge. New residents would add pressure to these facilities, which have already been identified as in need of improvement, and the pressure would require mitigating to assist with making the facilities sustainable.

To allow for the provision of a new MUGA and improvements to existing sports facilities in Ivybridge, a financial contribution would be required in accordance with the SHDC OSSR SPD (2006). Applying Tables 3 and 6 of the SHDC OSSR SPD (2006) the following should thus be secured within the s106 agreement:

· Occupants (to be calculated based on Table 3 of the SPD) x £595 towards ‘Provision of a MUGA at Bottlepark and/or Extension of Clubhouse at Erme Valley Playing Fields, Ivybridge and/or provision of an all-weather pitch at Ivybridge Community College.’

The contribution being sought is one required by policy to make the development sustainable and to mitigate the impact of the development (meeting the tests in the CIL Regs).

RECOMMENDATION: No objection subject to:

Conditions securing:

· Submission and agreement of details (including on-going management and maintenance) of the public open spaces including surface water drainage and allotments at reserved matters stage.

S106 clauses securing:

· Occupants (to be calculated based on Table 3 of the SPD) x ￡595 towards ‘Provision of a MUGA at Bottlepark and/or Extension of Clubhouse at Erme Valley Playing Fields, Ivybridge and/or provision of an all-weather pitch at Ivybridge Community College.’

· Occupants (to be calculated based on Table 3 of the SPD) x ￡380 towards ‘improvements to, and ongoing maintenance of, play facilities at the adjacent Bottlepark play area’

· Public access and on-going management and maintenance of the on-site public open space in perpetuity.

Planning Balance

The proposed development would conflict with various policies in the Development Plan in respect of location, but the weight to be given to this conflict is very limited due to a number of factors including the age of the development plan and the Council’s lack of a five year housing land supply.

The development would provide 110 new dwellings including 30% affordable housing which has a significant social benefit and boosts the supply of housing in accordance with the aims of national government.

The financial contribution towards mitigating the adverse amenity arising from high levels of traffic on New Park Road would provide a social benefit.

There will be economic benefits arising from this development.

There will be limited adverse environmental impacts through the loss of a greenfield side on the edge of the town, the visual impact of this and the loss of agricultural land. Overall, and considering the tilted balance in favour of sustainable development, it is considered that the adverse impacts identified do not significantly and demonstrably outweigh the benefits of this development. If follows that this development can be considered to be sustainable. This is a significant material consideration that outweighs any conflict with the local plan.

This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004

Planning Policy

Section 70 of the 1990 Town and Country Planning Act requires that regard be had to the development plan, any local finance and any other material considerations. Section 38(6) of the 2004 Planning and Compensation Act requires that applications are to be determined in accordance with the development plan unless material considerations indicate otherwise.

The relevant development plan policies are set out below:

South Hams LDF Core Strategy CS1 Location of Development CS7 Design CS9 Landscape and Historic Environment CS10 Nature Conservation CS11 Climate Change

Development Policies DPD DP1 High Quality Design DP2 Landscape Character DP3 Residential Amenity DP4 Sustainable Construction DP5 Conservation and Wildlife DP6 Historic Environment DP7 Transport, Access & Parking DP15 Development in the Countryside

Emerging Joint Local Plan

The Plymouth and South West Devon Joint Local Plan (the JLP) will replace the above as the statutory development plan once it is formally adopted.

Annex 1 of the National Planning Policy Framework (the Framework) provides guidance on determining the weight in relation to existing and emerging development plan policies.

 For current development plan documents, due weight should be given to relevant policies according to their degree of consistency with the Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).  For the JLP, which is an emerging development plan, the weight is to be determined by the stage of its preparation, the extent to which there are unresolved objections, and its degree of consistency with the Framework.

The JLP is at an advanced stage of preparation. The precise weight to be given to policies within the JLP will need to be determined on a case by case basis, having regard to all of the material considerations as set out on the analysis above. PLYMOUTH AND SOUTH WEST DEVON JOINT LOCAL PLAN -: PUBLICATION (as considered by the Full Councils end Feb/Early March 2017) SPT1 Delivering sustainable development SPT2 Sustainable linked neighbourhoods and sustainable rural communities SPT3 Provision for new homes SPT8 Strategic connectivity SPT9 Strategic principles for transport planning and strategy SPT10 Balanced transport strategy for growth and healthy and sustainable communities SPT11 Strategic approach to the natural environment SPT12 Strategic infrastructure measures to deliver the spatial strategy SPT13 European Protected Sites – mitigation of recreational impacts from development TTV1 Prioritising growth through a hierarchy of sustainable settlements TTV2 Delivering sustainable development in the Thriving Towns and Villages Policy Area TTV29 Site allocations in the Smaller Towns and Key Villages TTV30 Empowering local residents to create strong and sustainable communities TTV31 Development in the Countryside DEV1 Protecting amenity and the environment DEV2 Air, water, soil, noise and land DEV3 Sport and recreation DEV4 Playing pitches DEV5 Community food growing and allotments DEV8 Meeting local housing need in the Thriving Towns and Villages Policy Area DEV9 Accessible housing DEV10 Delivering high quality housing DEV20 Place shaping and the quality of the built environment DEV22 Development affecting the historic environment DEV24 Landscape character DEV27 Nationally protected landscapes DEV28 Protecting and enhancing biodiversity and geological conservation DEV29 Green and play spaces (including Strategic Green Spaces, Local Green Spaces and undesignated green spaces) DEV30 Trees, woodlands and hedgerows DEV31 Specific provisions relating to transport DEV32 Meeting the community infrastructure needs of new homes DEV33 Waste management DEV34 Delivering low carbon development DEV37 Managing flood risk and Water Quality Impacts

Considerations under Human Rights Act 1998 and Equalities Act 2010 The provisions of the Human Rights Act 1998 and Equalities Act 2010 have been taken into account in reaching the recommendation contained in this report.

Proposed conditions in full:

1. No development shall commence on site until details of the following matters (in respect of which approval is expressly reserved) have been submitted to, and approved in writing by, the Local Planning Authority:

(a) The scale of the development;

(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: To comply with Section 92 of the Town and Country Planning Act, 1990 (as amended)

2. In the case of any matter reserved by this permission application for approval of any reserved matter must be made not later than the expiration of three years beginning with the date of grant of outline planning permission.

The development to which this permission relates must be begun not later than whichever is the later of the following dates:

(i) the expiration of three years from the date of the grant of outline planning permission; or if later

(ii) the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason: To comply with Section 92 of the Town and Country Planning Act, 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

3. The details hereby approved shall in all respects accord strictly with drawings numbers xx

Reason: To ensure that the proposed development is carried out in accordance with the drawings forming part of the application to which this approval relates.

4. The proposed estate road, 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.

5. The development hereby approved shall not be carried out otherwise than in accordance with a phasing programme which shall previously have been submitted to and approved by the Local Planning Authority in writing.

REASON: To ensure the proper development of the site.

6. No part of the development hereby approved shall be commenced until:

A) The access road has been laid out, kerbed, drained and constructed up to base course level for the first 20 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

7. 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;

C) The cul-de-sac visibility splays have been laid out to their final level;

D) The car parking and any other vehicular access facility required for the dwelling by this permission has/have been completed;

E) The verge and service margin and vehicle crossing on the road frontage of the dwelling have been completed with the highway boundary properly defined;

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

8. PRE-COMMENCEMENT - No development shall take place until such time as details showing how the existing trees and hedges that will be affected by the development will be protected throughout the course of the development, how works to the trees and hedges will be undertaken and an Arboricultural Method Statement have been submitted to and approved in writing by the Local Planning Authority. The details shall include a hedge/tree protection plan, in accordance with BS:5837:2010, which shall include the precise location and design details for the erection of protective barriers and any other physical protection measures and a method statement in relation to construction operations in accordance with paragraph 7.2 of the British Standard. Development of each phase shall be carried out in accordance with the approved hedge protection plan.

Reason: In the interests of visual and residential amenity.

9. No part of the development hereby permitted shall be commenced until a programme of percolation tests has been carried out in accordance with BRE Digest 365 Soakaway Design (2016), and the results approved in writing by the Local Planning Authority, in consultation with Devon County Council as the Lead Local Flood Authority. A representative number of tests should be conducted to provide adequate coverage of the site, with particular focus placed on the locations and depths of the proposed infiltration devices.

Reason: To ensure that surface water from the development is discharged as high up the drainage hierarchy as is feasible.

10. 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 design of this permanent surface water drainage management system will be informed by the programme of approved BRE Digest 365 Soakaway Design (2016) percolation tests and in accordance with the principles set out in the Flood Risk Assessment xxx Reason: To ensure that surface water runoff from the development is discharged as high up the drainage hierarchy as is feasible, and is managed in accordance with the principles of sustainable drainage systems.

Advice: Refer to Devon County Council’s Sustainable Drainage Guidance.

11. 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.

Advice: Refer to Devon County Council’s Sustainable Drainage Guidance.

12. 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.

13. If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with.

Following completion of measures identified in the approved remediation strategy and verification plan and prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority.

Reason: No site investigation can completely characterise a site. This condition is required to ensure that any unexpected contamination that is uncovered during remediation or other site works is dealt with appropriately.

14. PRE-COMMENCEMENT: No development hereby permitted shall be commenced until a Construction Management Plan (CMP) has been submitted to and approved in writing by the Local Planning Authority. The CMP shall include details of:

(a) the timetable of the works; (b) daily hours of construction; (c) confirmation (by means of a site location plan) of the route(s) to and from the site to be used by delivery and construction traffic, together with a details of temporary AA Road Signing Strategy; (d) any road closure; (e) hours during which delivery and construction traffic will travel to and from the site; (f) the number and sizes of vehicles visiting the site in connection with the development and the frequency of their visits; (g) the compound/location where all building materials, finished or unfinished products, parts, crates, packing materials and waste will be stored during the demolition and construction phases; (h) areas on-site where delivery vehicles and construction traffic will load or unload building materials, finished or unfinished products, parts, crates, packing materials and waste with confirmation that no construction traffic or delivery vehicles will park on the County highway for loading or unloading purposes, unless prior written agreement has been given by the Local Planning Authority; (i) provision of wheel wash facilities; (j) hours during which no construction traffic will be present at the site; (k) the means of enclosure of the site during construction works; (l) details of proposals to promote car sharing amongst construction staff in order to limit construction staff vehicles parking off-site; (m) site management arrangements, including the site office and developer contact number in the event of any construction/demolition related problems, and site security information; and (n) a road condition survey using photographic evidence neat to each proposed entrance to the site; (o) details of noise impacts and controls; (p) a dust impact assessment and proposed control in accordance with the institute of Air Quality Management guidance for dust assessment from construction sites

This approved CMP shall be strictly adhered to during the construction of the development hereby permitted, unless variation is approved in writing by the Local Planning Authority.

Reason: In the interests of residential amenity, public convenience and highway safety, including taking into account school pickup and delivery times and preventing inconvenient obstruction and delays to public transport and service vehicles and to emergency vehicles.

15. Prior to commencement of development the applicant shall submit for approval, full details of proposed electric vehicle charging points to be provided, these details shall include the location, number and power rating of the charging points. This shall accord with good practice guidance on mitigating air quality impacts from developments produced by the Institute of Air Quality Management

Reason: In the interests of air quality, the environment and the amenity of the area.

16. Full details of the on-site public open space, including surface water drainage and allotments and including details of their on-going management and maintenance, shall be submitted as part of the reserved matter application regarding landscaping and/or site layout.

Reason: To ensure the provision of open space is appropriately planned into the development to ensure a satisfactory form of development

17. The landscaping scheme to be submitted at Reserved Matters shall incorporate details of an Ecological Mitigation and Enhancement Strategy at Reserved Matters (to include mitigation and enhancement proposals for construction and operational phases. The EMES should be fully integrated with the Landscape Scheme and should demonstrate net gain in biodiversity, reflecting recommendations within sections 7 and 8 of the Ecological Appraisal (Ecological Surveys Ltd, May 2017).

Reason: In the interests of biodiversity and wildlife conservation.

18. PRE-COMMENCEMENT - Prior to the commencement of the development a Landscape and Ecological Management Plan (LEMP) shall be submitted to and approved in writing by the Local Planning Authority. The LEMP shall be based upon an up to date ecological survey of the site and buildings and will include mitigation measures as set out in the existing ecological survey which shall be integrated with the detailed landscape scheme to be submitted as part of the reserved matters. The LEMP shall include details of habitat creation, management and maintenance and protected species mitigation, compensation and enhancement measures, covering construction and post- construction phases.

Reason: In the interests of biodiversity and wildlife conservation.

19. As part of any reserved matters application to agree layout a detailed lighting strategy shall be submitted to the local planning authority. Such a scheme shall specify the method of lighting (including details of the type of lights, orientation/angle of the luminaries, the spacing and height of lighting columns/fixings), the extent/levels of illumination over the site and on adjacent land through the submission of a isolux contour plan and measures to be taken to contain light within the curtilage of the site. The scheme shall demonstrate no more than 0.5 lux within 5m of boundary features and reflect recommendations of section 9 of the Bat Activity Report (Ecological Surveys Ltd, Nov 2017). The scheme shall be implemented in accordance with approved details and shall thereafter be maintained as such.

Reason: In the interests of visual amenity; to protect existing and future residential amenity; and in the interests of biodiversity.

20. Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order, 2015 (and any Order revoking and re-enacting this Order), no development of the types described in the following Classes of Schedule 2 shall be undertaken without the express consent in writing of the Local Planning Authority other than those expressly authorised by this permission:-

(a) Part 1, Class C (roof addition or alteration); (b) Part 2, Class A (means of enclosure);

Reason: To enable the Local Planning Authority to exercise control over development which could materially harm the character and visual amenities of the development within the locality; to safeguard residential amenity; and to safeguard parking and circulation areas.

21. No dwelling shall be occupied until the garage and/or parking area relating to that dwelling has been provided in accordance with the approved details and is available for use. The garages/parking areas shall be retained for the parking of vehicles in perpetuity.

Reason: In the interest of amenity and the safety and convenience of users of the highway.

22. Prior to first occupation of any residential unit, a scheme to secure mitigation of the additional recreational pressures upon the Tamar European Marine Site, shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in full prior to first occupation.

Reason: The development lies in the Zone Of Influence of the Tamar European Marine Site (comprising the Plymouth Sound and Estuaries SAC and Tamar Estuaries Complex SPA) where it is considered there would be a likely significant effect from this development, when taken in combination with other plans and projects, upon these European designated sites. To ensure that the proposal may proceed as sustainable development, there is a duty upon the Local Planning Authority to provide sufficient mitigation for any recreational impacts which might arise upon the European designated sites. In coming to this decision, the Council has had regard to Regulation 63 of the Conservation of Habitats and Species Regulations 2017 and the requirements of WDBC adopted policy SP19 and policies SPT11, SPT13 and DEV28 of the proposed JLP.

23. The footways leading to Holly Berry Road required by this permission shall be constructed up to a suitable useable standard prior to occupation of any of the dwellings. Reason - In the interests of pedestrian safety.

24. Prior to the commencement of development, an access scheme shall be submitted to and approved in writing by the planning authority, in liaison with the Devon County Council Public Rights of Way Team. Such scheme shall include provision for: i. details of any proposed improvements to the existing public right of way; ii. design of public right of way route, including surfacing, width, gradient, landscaping and road crossing points; and iii. any proposal for diversion and/or temporary closure of public right of way and alternative route provision. Reason: In the interests of the amenity and safety of the public.

25. No development insofar as it affects the public right of way shall commence until such time as a diversion order under S 257 of the Town & Country Planning Act 1990 (as amended) has been made and confirmed. Reason: In the interests of the amenity and safety of the public.

26. Any public rights of way crossed by vehicles shall be maintained in a good state of repair and kept clean and free of mud and other debris at all times. Reason: in the interests of the amenity of the public. 27. No development shall take place until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the Planning Authority.

The development shall be carried out at all times in strict accordance with the approved scheme, or such other details as may be subsequently agreed in writing by the District Planning Authority.

Reason : To ensure, in accordance with guidance in paragraph 3.69 for South Hams Development Policy DP6 and paragraph 141 of the National Planning Policy Framework (2012), that an appropriate record is made of archaeological evidence that may be affected by the development.'

Informative: Condition 22 can be satisfactorily addressed by means of a pre-occupation contribution towards improved management within the Tamar European Marine Site (informed by the SAMMS list) calculated in accordance with the following table (or any subsequent SPD approved at the time the contribution is sought) once the dwelling mix is formalised. At that time the Applicant should contact the Council's Development Management team to arrange payment of the contribution

Dwelling size Contribution per dwelling 1 bedroom £17.16 1 bedroom flat £23.99 2 bedroom house £31.60 3 bedrooms £33.93 4 bedroom house £36.76 5 bedroom house £40.38

PLANNING APPLICATION REPORT

Case Officer: Matthew Barks Parish: Frogmore & Sherford Ward: Allington and Strete

Application No: 0429/18/FUL

Agent/Applicant: Applicant: Perraton Partners Perraton Partners Winslade Farm Winslade Farm Frogmore Frogmore Kingsbridge Kingsbridge TQ7 2PA TQ7 2PA

Site Address: Land At Sx777426, Frogmore, Kingsbridge

Development: READVERTISEMENT (Revised drawing showing reduced height of building by 0.5m) Erection of agricultural storage/transfer building with associated access road and landscaping.

Reason item is being put before Committee: Cllr Richard Foss requests Committee consideration given the representations advanced in respect of the siting and location of the proposed building in relation to the neighbouring residential properties. Recommendation: Conditional approval

Conditions

Standard time limit Accord with plans Materials in accordance with details Details of colour of external sheeting Landscaping scheme to be submitted and approved prior to commencement Drainage details scheme to be submitted and approved prior to commencement No external lighting to building Building not to be used for housing of livestock Removal of building if no longer required for agricultural purposes

Key issues for consideration:

The relevant material planning considerations are the agricultural need for the building, the design, scale and materials, any neighbour impact, landscape impact and drainage matters.

Site Description:

The application site comprises agricultural land set off the A379 within the Area of Outstanding Natural Beauty (AONB). The application site lies just outside the village of Frogmore which straddles the A379.

All land south of the A379, including the application site, lies within the South Devon Area of Outstanding Natural Beauty. The site lies outside of, but adjacent to the Development Boundary of Frogmore.

The area of land associated with the agricultural unit amounts to 101ha, with the site area of the parcel of land on which the development is proposed more than 1ha.

The Proposal:

The erection of an agricultural storage/transfer building with associated access road and landscaping. The proposed building measures some 30.7m in length, 14m in width and 7.45m in height – the height having been reduced by 0.5m through the submission of a revised drawing.

The building is to be located towards the western end of the site and immediately to the south of the tree/hedge belt which runs parallel to the proposed building and for a distance of approximately 90m towards an existing stone building. The related access track also runs parallel to this belt before extending past the stone building and turning to the north to meet with the access and corral area previously approved (but yet to be implemented) under reference 2445/17/FUL.

The building is to be constructed with profile metal sheeting to the sides, grey corrugated fibre cement roof sheets and black uPVC rainwater goods. The proposed track is to be constructed with a 150mm deep clean concrete crushed base overlaid with a geotextile membrane and finished using a 100mm deep permeable road planings surface.

Consultations:

County Highways Authority – It is noted a new access is proposed onto the A379 when approaching Frogmore from the east. No access drawing is shown for this application on South Hams Planning Website, so it is not possible to comment properly on the application, however it is assumed the design will be same as what previously was submitted for planning application 2445/17/FUL on drawing PHL-201 Rev A.

To recap this drawing showed a visibility splay of 125m x 2.4m x 125m plotted, but the drawing makes no reference to the proposed height of the splay in relation to the carriageway/drive level. It is recommended in the national guidance a splay height of 1.05m is achieved but because of the grass verge in this case a practical height would be 750mm to allow for some vegetation growth. This could either be conditioned or the designer could amend the drawing slightly and re-submit it. No levels are shown on the access drawings. The access must be 1:20 max gradient for 6m and then 1:10 thereafter. This could either be conditioned or the designer could amend the drawing slightly and re-submit it.

As the proposals adjust the public highway verge a Highways Act 1980 Section 171 licence will need to be applied for with Devon County Council. This can be instigated by contacting the Area South Development Management Team.

Frogmore Parish Council – object;

It is noted that planning application 2445/17/FUL was granted with conditions on 19th July 2017. This application was for the ‘creation of agricultural access with accompanying livestock corral’. Given the limited area of pasture serviceable by the coral, being the few small fields contained between Mill Lane and the A379, agricultural activity would have been light. The Parish Council pointed out that an existing agricultural access was available for this purpose through the Mill Lane amenity ground.

The new application puts the A379 access to another purpose; to service a substantial storage/transfer barn via a new roadway and service apron. It must be assumed that heavy transport usage will be substantially intensified, causing greater noise disturbance, visual intrusion and traffic pollution to a protected AONB area adjoining established residential properties.

The new application differs little from applications 0014/18/AGR and 0013/18/AGR, refused on 31st January 2018. The parish Council concurred with the planning Authority’s observations:

‘Officers have concern with regard to the proposed siting of the building and concern about the potential visual impact within the sensitive landscape location, the potential impact on neighbouring residential properties and the potential impact on Flood Zones 2 and 3. The application form confirms that the applicants’ holding extends to some 101 ha and officers consider it would be appropriate to explore whether there is an alternative location for the building. It is also noted that there is an existing smaller barn on the subject area of land that is in close proximity to the recently approved agricultural access. The proposed building is located some 60m to the west of the smaller barn’.

The difference in the new application is minimal in that the 429m2 building is moved just 7.5 metres to the east. The application drawings now indicate proposed tree and shrub planting to the west and southern building perimeters. It is noted, however, that the height of the proposed building is 7.95 metres and thus any planting will be inconsequential to the immediate and long-term overpowering effect of the corrugated metal structure and associated heavy vehicular traffic.

The site is within the AONB and priority must be given to protecting the landscape and the interests of the village community. The structure would have a highly injurious effect on the lives of adjoining residents. It will dominate their properties and take away daylight and their rightful quiet enjoyment. It will also diminish the public’s historic enjoyment of Mill Lane, one of Devon’s treasured country thoroughfares. It constitutes an unwarranted intensification of the use of the A379 ‘corral’ access granted in application 2445/17/FUL.

In the face of the applicant’s ever-changing proposals, the Parish Council note that there appears but a tenuous logistical need for such a facility in this location, remote from the farm when adequate provision could be made within the curtilage of the applicant’s farmstead. The Parish Council expresses its disappointment that the applicant has failed to respond to the Planning Authority’s previous recommendations.

In response to the revised drawings, the Parish Council comment as follows:

It was recorded that given the major scale of the proposed building the change in height would be minor and of little consequence. It was further noted that the applicant has not addressed any of the many objections raised against this application.

The Parish Council’s objections remain as submitted 22nd February 2018 with endorsement of additional concerns expressed by members of the community as follows:

The Mill Lane brook is subject to regular and increasing flood risk. Roof and hard standing run off from the proposed 429.52 sq.m. floor area barn would add substantially to the existing flood risk.

The use of the building for storage of agricultural crops, fodder and machinery sited adjacent to residential property and the water course gives rise to inevitable spillage and leaching pollution dangers.

Use of the previously consented (2445/17/FUL) livestock coral application for a storage and transfer operation was not contemplated and would generate considerably greater heavy goods traffic generation and road hazards onto the A379.

Representations:

Representations from Residents

Comments have been received and summarised which cover the following points:

- Proposed building is prominent and an eyesore for those living nearby.

- Impact upon homeowners who reside in close proximity through inevitable noise, smells, lack of light and disturbance from vehicular traffic.

- The proposal is likely to increase the flood risk in the field with overflow into the Mill Stream and Mill Lane.

- Concern over highway danger to users of the A379 with the introduction of large delivery and agricultural vehicle movements on the road entering and exiting the site.

- Impact upon AONB when the applicant has other land and buildings available to them that would be more suitable.

- Potential health risk from the storage of hay and fodder causing dust and encouraging vermin.

Representations from Internal Consultees

Landscape Officer – No objection to the proposed location of the building.

Representations from Statutory Consultees

South West Water – Advises that the application should demonstrate that prospective surface water run-off will discharge as high up the hierarchy of drainage options as is reasonably practicable. Relevant Planning History

0013/18/AGR – Erection of agricultural storage building (Notification of agricultural permitted development). Planning permission required 31/1/18

0014/18/AGR – Formation of road to allow access for agricultural vehicles. Planning permission required 31/1/18

2445/17/FUL - Creation of agricultural access with accompanying livestock corral. Approved 3/1/18.

*1768/16/OPA - Outline Planning application (with all matters reserved) for the erection of 28 dwellings (including affordable/starter homes), creation of community allotments, accesses, highway improvements and associated landscaping – Refusal 17/07/2017. Appeal dismissed 17 August 2018

(*This application principally relates to land south of the application site, however, part of this application site (the access) is included with the site for the residential development)

ANALYSIS

Principle of Development/Sustainability:

The site is located within the countryside where the principle of new agricultural buildings can be acceptable. The main farmstead is located at Winslade Farm which is situated approximately 0.6km to the south from the main A379 via Frogmore Bridge and ‘South Pool Hill’. The justification put forward by the applicant for the location of the proposed building is as follows:

‘From the main A379 the farmstead is accessed via Frogmore bridge and then via traveling up the narrow and steep ‘South Pool Hill’. Given the nature of the hill and current access to Winslade Farm we often encounter difficulties in receiving large vehicles (such as delivery lorries) which when fully loaded struggle to make it up the hill, sometimes requiring myself to pull them up the hill with the use of our own machinery/ tractors. When large vehicles meet oncoming traffic traveling in the opposite direction it becomes a nightmare with congestion and can prevent lorries from making up the hill if they are forced to stop by meeting oncoming vehicles and then cannot get traction again once stopped on the slope.

So the proposed building would act as a storage facility to allow deliveries to be delivered there instead. With the intention that it would allow in particular large vehicles to avoid using South Pool Hill and instead effortlessly turn off the A379 and unload at the storage/ transfer building. (We imagine the resulting reduction in traffic using South Pool Hill would be viewed as a positive by the local highway authority.)

We do not just farm land at Winslade, Frogmore. We also farm land to the north of Sherford and more recently to the east at Chillington. Access to these parcels of land by large vehicles is not possible so any associated deliveries for these outlying parcels of land currently need to be delivered to the main farmstead at Winslade. This often results in goods destined for these parcels of land being unnecessarily taken up South Pool Hill (with the difficulties as explained above), just to be taken back down the hill to be distributed to these outlying parcels of land. With the use of the transfer building, as proposed, we could have goods delivered to the building and then distributed as and when required from there, with less effort, cost and in a more sustainable and logical manner.

With regards to the proposed access track to serve the proposed building this would also have other benefits in providing a better, more suitable and all year round agricultural access to the meadow fields and the existing stone barn, utilising the new access off the A379, as already approved.’ Objection to the location of the building, specifically in relation to why it cannot be accommodated elsewhere on land available to the applicant, has been received. Concern has also been raised that the proposal is potentially a pre-cursor to applying for residential properties on the land.

Taking the latter concern firstly, it is an established planning principle that each application must be considered on its own merits and whether or not that is the intention of the applicant cannot be brought to bear in the determination process. However, the planning system can have regard to the necessity of the building and whilst it is considered that the principle is acceptable and its justification is established, it is reasonable to ensure that this remains the case through the imposition of an appropriate condition to ensure that the building is removed in the event it is no longer required for agricultural purposes.

Turning to the former objection, the applicant has set out why this location of all the areas and parcels of land they have available, meets the particular requirements of their agricultural operation. Whilst it may be questioned as to why this this requirement has only apparently arisen now, the applicant has explained why alternative sites do not represent the best, most practical or sustainable location for the building given its intended role and this site selection justification is, on balance, considered sufficiently persuasive.

In this context, it is therefore considered that there is sufficient agricultural justification for the proposed agricultural building, both in terms of necessity and location and accordingly it is concluded that the principle of the development is acceptable in planning terms. For the reasons mentioned previously it is, however, considered reasonable and necessary to impose a suitable condition requiring the removal of the building should it no longer be required for agricultural purposes in the future.

Design/Landscape:

The scale and appearance of the proposed building is not considered to be oversized for the scale of the agricultural holding and the nature of the operations that it will serve. It is considered to be of an appropriate design and the use of materials would be typical for an agricultural building.

In landscape terms whilst there is an existing smaller stone barn some 75m to the east of the proposed building, the proposal essentially sits by itself and would not appear as a part of a group or complex of buildings. However, due to the topography of the land which slopes down from the main A379 road, the proposed building would have, in relative terms, a limited landscape impact with it not being readily visible from the main road and, where direct and open views would be possible from Mill Lane (to the south), the building would be seen set in and against the site topography as well as being seen in the context of the adjoining residential properties, along with the existing hedge and tree line that runs to the immediate north of the location of the proposed building.

As the site is located within the Area of Outstanding Natural Beauty, regard must be had to conserving and/or enhancing its special landscape character. In this respect, it is considered that the proposed building for the reasons given above would not amount to an unsympathetic intrusion into the wider landscape and, it is considered, would also conserve the special landscape character of the Area of Outstanding Natural Beauty. Furthermore, the Council’s Landscape Officer has no objection to the location of the proposed building in this context.

With regard to the impact of the proposed internal access way and the associated hardsurfacing apron to the building, whilst this introduces additional development into the landscape, it is, by definition of design, a low level impact in terms of visual prominence and similarly is considered to conserve the special landscape character of the Area of Outstanding Natural Beauty and the wider landscape quality and character.

Objection to the size and prominence of the building has been made in terms of its landscape impact, including upon the AONB. However, given it is concluded that the agricultural and site selection justifications for the building are met, and having regard to the consideration of the landscape impact discussed above, it is considered that these objections are outweighed in the planning balance. However, to provide appropriate and necessary ongoing mitigation in landscape terms, conditions relating to the submission of a landscaping scheme and a restriction on the installation/provision of lighting on the building are considered necessary.

Accordingly, it is concluded that the proposed development is acceptable in both design and landscape terms. It is, however, considered reasonable and necessary to impose appropriate planning conditions to ensure that this is the case, specifically the submission of a landscaping scheme which would have to be submitted and approved by the Council before works began as well as a condition prohibiting the installation/provision of any lighting to the building without the Council’s permission.

Neighbour Amenity:

The proposed building would be sited approximately 12m away from the boundary of the nearest residential property, ‘Sunnyside’, which is located immediately to the east, and approximately 25m from ‘building to building’. ‘Little Acre’, which is located to the south west of the proposed building would be approximately 16m away (‘building to building’ at the nearest points. Whilst the building is approximately 7.5m in height (having been reduced from 8m), it is considered that there is sufficient separation distance between it and the residential properties, including their gardens, to ensure that there would be no materially harmful impact to residential amenity through loss of daylighting or overshadowing. Furthermore, whilst objection has been raised to the potential for noise generation through vehicular movements, these movements will most likely principally occur both within the building and at its eastern end, where the opportunity for significant noise impact to the adjoining residential properties is likely to be reduced because of the distance from these properties.

In relation to the height of the building it is also worth being in mind that under agricultural permitted development rights a relevant building could, in theory, be erected up to 12m in height. The justification for the height in this case is the need to ensure that suitable equipment and machinery can access the building and that reasoning is accepted by the Local Planning Authority.

Concern has also been raised that the building may be used for livestock purposes and whilst the applicant has confirmed that this is not the intention, it is still considered reasonable and necessary to impose an appropriate condition specifying that it cannot be used for this purpose because of the potential harmful impact to residential amenity that such a use, consolidated within the building, would engender.

Accordingly, it is concluded that the proposed development is, on balance, acceptable in neighbour amenity terms. It is, however, considered reasonable and necessary to impose an appropriate planning condition to ensure that the building is not used for livestock purposes without the Council’s permission.

Highways/Access:

The proposed development would be served by the access approved under 2445/17/FUL; this permission remains extant, but has not yet been implemented. As outlined above, the County Highway Authority have commented on this proposal in relation to the access onto the A379. However, this element does not form part of this application with the applicant instead relying upon the earlier grant of permission which includes an appropriate condition responding to the points raised by the County Highway Authority on this submission.

Objections to the proposal on the basis of traffic generation and the dangers being posed to users of the busy A379, including cyclists, with the introduction of regular large delivery and agricultural vehicle movements on the road entering and exiting the site have been raised, however, the County Highway Authority have previously considered the access to be suitable (subject to conditions) and it would not have been possible to stipulate the type and frequency of vehicular traffic that could use that access in any event. This would mean that even without the proposed building on the land, it would be possible for the access permission to be implemented with farming and other agricultural machinery of any size, shape and form enjoying the ability to access and egress the land without further control.

In that context, and having regard to the absence of objection from the County Highway Authority, it is concluded that the development proposal is acceptable in highway terms.

Other Matters:

Whilst not located within them, the proposed building is nearby to Flood Zones 2 and 3, along with proximity to Mill Stream. The applicant has indicated the inclusion of a SuDS system to serve the development, although precise details have not been submitted at this stage. As there is considered to be sufficient land available to be able to implement a suitable SuDs system and to mitigate any potential risk to flooding from the proposal given its location it is considered reasonable and necessary to impose an appropriate condition requiring the submission and approval of a drainage scheme before any works are commenced.

Similarly, and in relation to ecology and bio-diversity matters the applicant will be reminded of their legal obligations towards protected species by way of an appropriate planning informative.

This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004.

Planning Policy

Section 70 of the 1990 Town and Country Planning Act requires that regard be had to the development plan, any local finance and any other material considerations. Section 38(6) of the 2004 Planning and Compensation Act requires that applications are to be determined in accordance with the development plan unless material considerations indicate otherwise.

The relevant development plan policies are set out below:

South Hams LDF Core Strategy CS1 Location of Development CS7 Design CS9 Landscape and Historic Environment

Development Policies DPD DP1 High Quality Design DP2 Landscape Character DP3 Residential Amenity DP7 Transport, Access & Parking DP15 Development in the Countryside

South Hams Local Plan (please delete as necessary) SHDC 1 Development Boundaries

Emerging Joint Local Plan

The Plymouth and South West Devon Joint Local Plan (the JLP) will replace the above as the statutory development plan once it is formally adopted. Annex 1 of the National Planning Policy Framework (the Framework) provides guidance on determining the weight in relation to existing and emerging development plan policies.

 For current development plan documents, due weight should be given to relevant policies according to their degree of consistency with the Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).  For the JLP, which is an emerging development plan, the weight is to be determined by the stage of its preparation, the extent to which there are unresolved objections, and its degree of consistency with the Framework.

The JLP is at a relatively advanced stage of preparation. The precise weight to be given to policies within the JLP will need to be determined on a case by case basis, having regard to all of the material considerations as set out on the analysis above.

PLYMOUTH AND SOUTH WEST DEVON JOINT LOCAL PLAN -: PUBLICATION (as considered by the Full Councils end Feb/Early March 2017)

SPT1 Delivering sustainable development TTV31 Development in the Countryside DEV1 Protecting amenity and the environment DEV2 Air, water, soil, noise and land DEV15 Supporting the rural economy DEV20 Place shaping and the quality of the built environment DEV24 Landscape character DEV27 Nationally protected landscapes DEV28 Protecting and enhancing biodiversity and geological conservation DEV30 Trees, woodlands and hedgerows

Neighbourhood Plan

The development proposal is not located within a Neighbourhood Plan area.

Considerations under Human Rights Act 1998 and Equalities Act 2010 The provisions of the Human Rights Act 1998 and Equalities Act 2010 have been taken into account in reaching the recommendation contained in this report.

Conditions in Full:

1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason: To comply with Section 91 of the Town and Country Planning Act, 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.

2. The development hereby approved shall in all respects accord strictly with drawing numbers 3139.113 Revision A – red edged site location plan, 3139.114 Revision A – site plan as proposed received by the Local Planning Authority on 7 February 2018 and 3139.115 Revision B – Plans and elevations as proposed received by the Local Planning Authority on 6 June 2018

Reason: To ensure that the proposed development is carried out in accordance with the drawings forming part of the application to which this approval relates. 3. The materials to be used in the development shall be in accordance with those details outlined in the application details as received by the Local Planning Authority on 7 February 2018 and 6 June 2018.

Reason: To ensure that the development is in character with its surroundings.

4. The colour of the external sheeting shall be dark grey or such other dark colour as shall be agreed in writing by the Local Planning Authority prior to commencement of development.

Reason: To assimilate the development into the landscape and to preserve the appearance and character of the area.

5. No development shall take place until there has been submitted to and approved by the Local Planning Authority a scheme of landscaping, which shall include indications of all existing trees and hedgerows on the site and details of any to be retained, together with measures for their protection in the course of development. All planting, seeding, turfing or hardsurfacing comprised in the approved landscaping scheme shall be carried out by the end of the first planting and seeding seasons following the occupation of the buildings or completion of the development, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variation. The landscaping scheme shall be strictly adhered to during the course of the development and thereafter.

Reason: To ensure the provision of an appropriate landscaping scheme in the interests of the visual amenities of the locality and to assimilate the development into its surroundings.

6. Prior to the commencement of the development, details of the surface water design including percolation test results and supporting calculations shall be submitted to and approved in writing by the Local Planning Authority. Details of maintenance and management responsibility for the drainage system shall be submitted to and approved in writing by the Local Planning Authority prior to commencement on site. Such approved drainage details shall be completed and become fully operational before the development is first brought into use. Following its installation the approved scheme shall be permanently retained and maintained thereafter. Surface water drainage systems design and installation shall be accordance with CIRIA C697 The SuDS Manual and CIRIA C698 Site Handbook for the Construction of SuDS.

Reason: To safeguard the amenities of the locality and environment and to ensure that the development is adequately drained. A pre-commencement condition is considered necessary to safeguard the environment in the interests of the amenities of the area.

7. Notwithstanding the details provided, there shall be no external lighting unless otherwise agreed in writing by the Local Planning Authority.

Reason: To protect the countryside from intrusive development.

8. The building hereby permitted shall not be used for the housing or accommodation of livestock, whether on a temporary or permanent basis, unless otherwise agreed in writing with the Local Planning Authority.

Reason: To protect the amenities of the adjoining residential properties. 9. Where the development hereby permitted ceases to be used for the approved purpose of agriculture within ten years from the date of this permission and planning permission has not been granted authorising development for purposes other than agriculture within three years of the permanent cessation of the agricultural use, and there is no outstanding appeal, the development must be removed unless the Local Planning Authority has otherwise previously agreed in writing.

Reason: Development is strictly controlled within the countryside and the Local Planning Authority wishes to ensure that the development is used solely for the purposes hereby permitted.

Informatives:

1. This authority has a pro-active approach to the delivery of development. Early pre-application engagement is always encouraged. In accordance with Article 35(2) of the Town and Country Planning Development Management Procedure (England) Order 2015 (as amended) in determining this application, the Local Planning Authority has endeavoured to work proactively and positively with the applicant, in line with National Planning Policy Framework, to ensure that all relevant planning considerations have been appropriately addressed.

2. The responsibility for ensuring compliance with the terms of the approval rests with the person(s) responsible for carrying out the development. The Local Planning Authority uses various means to monitor implementation to ensure that the scheme is built or carried out in strict accordance with the terms of the permission. Failure to adhere to the approved details can render the development unauthorised and vulnerable to enforcement action.

3. If your decision requires the discharge of conditions then you must submit an application for each request to discharge these conditions. The current fee chargeable by the Local Planning Authority is £116 per request. Application forms are available on the Council's website.

4. You should note that certain wildlife habitats and species are subject to statutory protection under the Wildlife and Countryside Act 1981 (as amended) and/or the Habitats Regulations 1994. It is a criminal offence to breach the provisions of these legal constraints and if your development impacts upon such sites or species you are advised to take advice from a competent ecologist who has experience in the habitats/species involved and, as necessary, any relevant licenses from Natural England.

PLANNING APPLICATION REPORT

Case Officer: Clare Stewart Parish: Sparkwell Ward: Newton and Yealmpton

Application No: 1501/18/OPA

Agent/Applicant: Applicant: Mr James Wells Mr & Mrs Kendrick James Wells Planning Limited Houndall Barn 70 Lawrence Road Sparkwell Mount Batten PL7 5DG Plymouth PL9 9SJ

Site Address: Houndall Barn, Sparkwell, PL7 5DG

Development: Outline application with all matters reserved for the erection of one dwelling.

Reason item is being put before Committee Referred by Ward Councillor Baldry who does not support the Officer recommendation for the following reasons:

1. The support of Sparkwell Parish Council 2. The special health circumstances of the applicant. Although not a planning consideration, I feel the Committee should be made aware. 3. Traffic movement numbers will be reduced if permission is granted. 4. There will be 1 additional building to the Houndall settlement without any impact on current properties. 5. Development is in a sustainable area in that there is a regular local bus service and local school. Recommendation: Refusal

Reasons for refusal

1. The proposed development would result in a new dwelling which by virtue of its location and limited accessibility to essential services would be considered environmentally unsustainable. The positive benefits of a single dwelling in terms of housing supply and vitality of the rural community would be modest. The adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits of the proposal. The proposal is therefore contrary to the National Planning Policy Framework (notably but not limited to paragraphs 8, 11 and 78); Policy CS1 of the LDF Core Strategy; Policy DP15 of the development Policies DPD; and Policy TTV31 of the emerging Plymouth and South West Devon Joint Local Plan.

Key issues for consideration:

Principle of development.

Site Description:

The site is located in open countryside to the north east of Sparkwell, accessed via an existing drive and track from the edge of the adopted highway. The access drive is shared with residential properties in separate ownership to the south. To access the site subject of the current application it is necessary to use a track which skirts around existing stable buildings which are currently in the same land ownership. There is currently a single storey post and beam barn on the site.

The Proposal:

Permission is sought in Outline with all matters reserved for the erection of dwelling. An indicate plan has been provided showing how a soakaway could potentially be achieved within the site.

A revised red line site location was submitted prior to determination to clarify the point of access of the public highway (which is a national requirement even with all matters reserved applications).

Consultations:

 County Highways Authority – Standing Advice

 Mineral Planning authority – No objection

 SHDC Drainage – No objection subject to conditions

 Environmental Health Section – No objection subject to standard unsuspected contamination condition

 Sparkwell Parish Council – “Support – Discreet development for health reasons. Area fully owned.”

Representations:

One letter of representation has been received, which notes that the site within the Devon County council mineral Consultation Area for Industrial Minerals. Due regard needs to be had to the proximity of existing mineral workings and location of Mineral Safeguarding Area. Relevant Planning History

 4380/17/PDM Notification for prior approval for proposed change of use of agricultural buildings to dwellinghouse (Class C3) (Class Q(a)). Houndall Barn, Sparkwell, Plymouth, Devon, PL7 5DG. Prior approval required and refused: 02 Mar 18

ANALYSIS

Principle of Development/Sustainability:

The current adopted local policy position is that the site is in the countryside – Policy CS1 of the Core Strategy seeks to restrict housing outside of adopted Development Boundaries. The Council’s current policies in respect of the supply of housing are outdated, and the emerging policies of the Plymouth and South West Devon Joint Local Plan (JLP) cannot be given full weight (the JLP has been through examination and the Inspectors report was still pending at the time of considering this application). Policy TTV31 of the emerging JLP supports small scale rural housing which meets a community need and provides a sustainable solution within or adjacent to existing settlements.

The Council is currently unable to demonstrate a five year supply of housing. Paragraph 11 of the National Planning Policy Framework (NPPF, as revised July 2018) states:

“Plans and decisions should apply a presumption in favour of sustainable development… For decision-taking this means: (c) approving development proposals that accord with an up-to-date development plan without delay; or

(d) where there are no relevant development plan policies, or the policies which are most important for determining the application are out-of-date7, granting permission unless: i. the application of policies in this Framework that protect areas or assets of particular importance provides a clear reason for refusing the development proposed6; or ii. any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole.”

The Council’s current adopted policies in respect of the supply of housing can therefore only be given limited weight at this time, and significant weight given to the NPPF. Paragraph 8 of the NPPF sets out the three overarching aims of the planning system in order to achieve sustainable development (the economic, social and environmental objectives).

Paragraph 78 of the NPPF states:

“To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby.”

Paragraph 79 goes on to state:

“Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply: a) there is an essential need for a rural worker, including those taking majority control of a farm business, to live permanently at or near their place of work in the countryside; b) the development would represent the optimal viable use of a heritage asset or would be appropriate enabling development to secure the future of heritage assets; c) the development would re-use redundant or disused buildings and enhance its immediate setting; d) the development would involve the subdivision of an existing residential dwelling; or e) the design is of exceptional quality, in that it:

- is truly outstanding or innovative, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas; and

- would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area.”

Clarity has been provided on the meaning of “isolated” in the context of the NPPF through a High Court case (Braintree District Council v Secretary of State for Communities and Local Government & Ors [2017]). The judge found that “isolated” should be given its ordinary meaning of far away from other places or buildings. The site subject of this application is not considered to be “isolated” having regard to the High Court case, being sited adjacent to an existing cluster of buildings. There is no definition of what constitutes a “settlement” within the NPPF, and it could be argued that the existing cluster of buildings at Houndall does in fact constitute a “settlement”, albeit one of very modest size.

The fact that a site is not considered to be “isolated” does not mean that is sustainable in the context of the other requirements/objectives of the NPPF. Consideration should be given to the distance to local services and how this could be accessed, noting that the NPP does allow for development in smaller rural settlements to support services in another (as identified in the reference to paragraph 78 above). There are no local facilitates amongst the existing buildings at Houndall. The nearest “sustainable settlement” identified within the emerging JLP is the village of Sparkwell, which lies approximately 1km to the south west. Facilities within the village include a public house, church and primary school. The walking route from the site into Sparkwell village would involve walking along a rural lane with no pavements which would be largely unlit. Such an environment would be likely to deter pedestrians, and ultimately result in many journeys being made by private vehicle. There is also local bus service provision connecting Sparkwell with the city of Plymouth to the west, which future occupiers could utilise. The provision of a single dwelling on the site would be unlikely to have a significant impact on the ongoing viability of services/facilities within Sparkwell. The submitted Planning Statement also makes reference to future occupiers accessing facilities in the other nearby settlements of Lutton and Cornwood. Lutton is located just over 1km along the highway to the north east, with the centre of Cornwood approximately another 1.2km further on. Lutton has a defined Development Boundary within the adopted local plan, but has not been identified as a sustainable settlement within the emerging JLP. Cornwood is located within Dartmoor National Park, but is understood to have a primary school. The distance and nature of the walking environment would likely result in the majority of journeys being made via motor vehicle. The positive economic and social benefit of the provision of a dwelling to local housing stock (particularly in the context of the Council’s current housing supply situation) also needs to be weighed in the balance.

On balance it is considered the site is not a suitable location of a new dwelling having particular regard to accessibility for future residents to local services. The positive benefits in terms of the contribution to local housing stock and impact on the vitality of the community would be modest and are not considered to outweigh the harm arising.

As can be seen from the above planning history section, a previous attempt to secure residential use on the site through permitted development regime was unsuccessful. As such a “fall-back” position for the site has not been established.

Design/Landscape:

The application is in outline form, with all matters reserved and therefore the only consideration at this stage is whether a dwelling could be accommodated on the site without causing harm. Matters of detailed design could be dealt with Reserved Matters stage were the current application to be approved. The site is physically well-related to existing built form, and having regard to the presence of an existing building on the site it is considered no in principle landscape objection is raised.

Drainage:

The Council’s Drainage Specialist is satisfied an “in principle” solution has been adequately demonstrated, and further details could therefore be conditioned.

Ecology:

The application is accompanied by an Ecological Survey Report, which did not find any evidence to suggest the existing barn on the site is used as a regular bat roost or resting place, nor use by nesting birds. Precautionary measures and opportunities for ecological enhancement of the site are also identified, the latter could be appropriately dealt with at detailed design stage in the event the application is approved.

Neighbour Amenity:

It is considered the site could be developed in such a way that neighbour amenity would not be unduly compromised.

Highways/Access:

Whilst access would be a Reserved Matter, the existing shared access drive would likely provide for an acceptable general solution with sufficient space within the site for parking and turning. The relationship with the existing stable buildings to the south east (which are currently in the same land ownership) would need further consideration.

Other Matters:

The Minerals Planning Authority have raised no objections.

The Planning Balance:

Taking all matters into consideration, the proposal would not constitute a sustainable form of development, and the adverse impacts of granting planning permission would significantly and demonstrably outweigh the benefits. The application is therefore recommended for refusal.

This application has been considered in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004.

Planning Policy

Section 70 of the 1990 Town and Country Planning Act requires that regard be had to the development plan, any local finance and any other material considerations. Section 38(6) of the 2004 Planning and Compensation Act requires that applications are to be determined in accordance with the development plan unless material considerations indicate otherwise.

The relevant development plan policies are set out below:

South Hams LDF Core Strategy CS1 Location of Development CS7 Design CS9 Landscape and Historic Environment Development Policies DPD DP1 High Quality Design DP2 Landscape Character DP3 Residential Amenity DP4 Sustainable Construction DP5 Conservation and Wildlife DP6 Historic Environment DP7 Transport, Access & Parking DP15 Development in the Countryside

Devon Minerals Plan 2011-2031

National Planning Policy Framework

Emerging Joint Local Plan

The Plymouth and South West Devon Joint Local Plan (the JLP) will replace the above as the statutory development plan once it is formally adopted.

Annex 1 of the National Planning Policy Framework (the Framework) provides guidance on determining the weight in relation to existing and emerging development plan policies.

 For current development plan documents, due weight should be given to relevant policies according to their degree of consistency with the Framework (the closer the policies in the plan to the policies in the Framework, the greater the weight that may be given).  For the JLP, which is an emerging development plan, the weight is to be determined by the stage of its preparation, the extent to which there are unresolved objections, and its degree of consistency with the Framework.

The JLP is at a relatively advanced stage of preparation. The precise weight to be given to policies within the JLP will need to be determined on a case by case basis, having regard to all of the material considerations as set out on the analysis above.

PLYMOUTH AND SOUTH WEST DEVON JOINT LOCAL PLAN -: PUBLICATION (as considered by the Full Councils end Feb/Early March 2017) SPT1 Delivering sustainable development SPT2 Sustainable linked neighbourhoods and sustainable rural communities TTV1 Prioritising growth through a hierarchy of sustainable settlements TTV2 Delivering sustainable development in the Thriving Towns and Villages Policy Area TTV31 Development in the Countryside DEV1 Protecting amenity and the environment DEV2 Air, water, soil, noise and land DEV10 Delivering high quality housing DEV20 Place shaping and the quality of the built environment DEV24 Landscape character DEV28 Protecting and enhancing biodiversity and geological conservation DEV30 Trees, woodlands and hedgerows DEV31 Specific provisions relating to transport DEV37 Managing flood risk and Water Quality Impacts Neighbourhood Plan

N/A

Considerations under Human Rights Act 1998 and Equalities Act 2010 The provisions of the Human Rights Act 1998 and Equalities Act 2010 have been taken into account in reaching the recommendation contained in this report.

PLANNING APPLICATION REPORT

Case Officer: Chris Mitchell Parish: Dittisham Ward: West Dart

Application No: 1708/18/NMM

Agent/Applicant: Applicant: Mrs Amanda Burden Mr & Mrs J Tucker Luscombe Maye Cott Farm 59 Fore Street Dittisham Totnes Dartmouth TQ9 5NJ TQ6 0JQ

Site Address: Cott Farm Barn, Dittisham, Devon, TQ6 0JQ

Development: Non Material Amendment of Planning Consent 18/1015/09/F (Re- Configuration of barn and provision of new windows)

Reason item is being put before Committee Cllr Tucker owns the property. Recommendation: Grant of Non Material Amendment

Conditions

1. The development hereby approved shall in all respects accord strictly with drawing numbers 198.03.11 R3, 198.04.11 R2, 198.05.11 R2 received by the Local Planning Authority on 27th July 2018.

Reason: To ensure that the proposed development is carried out in accordance with the drawings forming part of the application to which this approval relates.

This decision only relates to the non-material amendments sought: the insertion of a doorway at ground floor to annex section of the building with insertion of window on first floor for living room an insertion of conservation roof lights above the staircase, living room and kitchen of the north west elevation, the insertion of a doorway at ground floor to annex section of the building with insertion of window on first floor for living room an insertion of conservation roof lights above the staircase, living room and kitchen on the north west elevation, the infilling of one doors to form a window with stone beneath to kitchen and heighten of cills two windows to the living area an bedroom of annex part of the building on the south east elevation, the reinstatement of timber boarding on the north west elevation and the realignment of previously half hipped pitched roof above the kitchen to a gabled pitched roof and insertion of two rooflights on the north west elevation, the infilling of one doors to form a window with stone beneath to kitchen and heighten of cills two windows to the living area an bedroom of annex part of the building on the south east elevation. This is not a reissue of the original planning permission reference 18/1015/09/F, which still stands. These two documents should be read together.

Site Description: The site is located to the south west of the village of Dittisham with access taken from road to Dartmouth and A385. The site is a barn within the complex of Cott Farm sited to the west of main farm house.

The Proposal:

The proposal alterations are listed as follows:

 On the north west elevation the insertion of a doorway at ground floor to annex section of the building with insertion of window on first floor for living room an insertion of conservation roof lights above the staircase, living room and kitchen;  On the south east elevation the infilling of one doors to form a window with stone beneath to kitchen and heighten of cills two windows to the living area an bedroom of annex part of the building;  The reinstatement of timber boarding on the north west elevation;  The realignment of previously half hipped pitched roof above the kitchen to a gabled pitched roof and insertion of two rooflights on the north west elevation.

Non Designated Heritage Asset

There is no statutory definition of ‘non-material’ as the government considers this to be a matter for local authority discretion. However, the local planning authority must be satisfied that the amendment sought is non-material in order to approve an application. Whether or not a proposed amendment is non-material will depend on the effects of the amendment, bearing in mind its context.

Relevant Planning History

18/0927/12/DIS Discharge of conditions 2 3 4 5 6 8 11 12 13 and 16 of planning application 18/1015/09/F (Conversion of traditional stone barns to dwelling with annexe / holiday accommodation and visibility Improvements to highway) Discharge of condition 18/1015/09/F Conversion of traditional stone barns to dwelling with annexe / holiday accommodation and visibility Improvements to highway Conditional Approval

Analysis:

The proposed alterations would not affect the size, bulk, height, footprint or position of the proposed development, nor would it result in any change to its description (as set out in the original application). The nature of the blocking up of doors to windows, insertion of rooflights, re-alignment of half- pitched roof to full gable is not considered to significantly alter the external appearance of the development.

The proposed insertion of first floor window and arrow slit window at first floor level and creation of new door at ground floor level on the north west elevation have been carefully considered as all these works require the breaking through of the traditional and historic walling of the barn. The harm caused by these new openings ensure that the barn is liveable and whilst additional to those permitted under the previous planning approval on balance and in the interests of ensuring a high quality conversion of a Non Designated Heritage Asset these works are acceptable and are considered to be Non Material.

For these reasons, it is considered that the proposals would have no significant impact on the local amenity. There are no changes of such significance that could be said to materially affect or alter the permission already granted and the amendment is considered acceptable

The amendment is considered to be minor and is unlikely to impact the neighbouring properties as there are none within the immediate vicinity of the site. The potential to impact upon the character and appearance of this NDHA is minimal to that of the previous approval and ensue the use of building. The amendments are therefore is considered to be non-material.

Recommendation

Approve since amendments proposed are non-material.

Case officer signature: Chris Mitchell

Test Yes/No Notes Is the proposed change trivial in terms of its scale Yes If “no” then it is (magnitude, degree etc.) in relation to the original approval? material

Would the proposed change result in an adverse visual impact or No If “yes” then it is an effect on the living conditions of neighbours sufficient to require material consultation?

Would the amendment be contrary to any planning policy of the No If “yes” then it is Council? material

Has the development, which is the subject of the permission, been No If “yes” then it can’t completed? be approved as a NMA Would the proposed change(s) to the permitted scheme result No If “yes” then it is in the development falling outside the description of that material development as set out on the Decision Notice (e.g. change from two storey extension to single storey extension)?

Would the proposed change(s) to the permitted scheme contravene No If “yes” then it is any condition attached to the original permission (e.g. would material windows need to be obscured glazed)?

Would the proposed change require a further restriction (e.g. a No If “yes” then it is condition) to make it acceptable? material

Would the proposed change have been approved had it formed part Yes If “no” then it is of the original application? material

Would the change be contrary to a consultation response on the No If “yes” then it is original application? material

Would the change require an extension to the site boundary (or “red No If “yes” then it is edge” of application site)? material

Would the amendments introduce new works (including engineering No If “yes” then it is operations) which in themselves constitutes ‘development’ requiring material planning permission?

Application to work on Trees within a Conservation Area Assessment and Recommendation

Conservation Area: Totnes

Site Address: St Marys Churchyard, High Street Totnes TQ9 5NN

Application Register No : 2381/18/TCA

Applicant/Agent: Applicant: Mr Howrihane Totnes Town Council The Guildhall The Ramparts Totnes TQ9 5QH

Proposed works: Trees T1 to T8 - Crown lift trees to 2m over gravestones and access path

Date of Application : 27/07/2018

Target Decision Date : 07/09/2018 (6 week Notice)

Reason item is being put before Planning Committee: The applicant/agent is related to an employee of South Hams District Council

Site assessed by : Date :

Trees - T1 to T8

© Crown Copyright and database Rights 2018 Ordinance Survey - West Devon Borough Council (100023302) South Hams District Council (100022628). Scale NTS - For internal reference only – no further copies to be made Recommendation: The Council does not serve a Tree Preservation Order on the trees and the works are allowed.

Requirements of consent: 1. Works to BS 3998:2010

Key issues for consideration:

The impact on the local amenity and character of the area if the trees are pruned in accordance with the served Section 211 Notice

The proposal:

The Section 211 Notice/application for works to trees in the Totnes Conservation Area seek to crown lift 7no. Medlar trees and 1No.hawthorn to 2m over adjacent footpath and headstones. Crown lifting is the action of removing the lowest branches to a defined height. The works are to allow safe, unfettered access, beneath the tree canopies. The trees form a short avenue within the church yard on the eastern approach to the church from the Ramparts. Consultations:

 Totnes Town Council – No objection; comment over the trees’ species (Medlar – not Cherries)

Analysis

The Medlar trees and single hawthorn form a closed canopy avenue within the church yard over an access path; they are of typical form. The trees are in a good condition and provide amenity to the church and its setting within the heart of Totnes. The proposed works are considered necessary to allow people to access the church safely along the path and to walk beneath the canopies attending the graves. The canopies are currently low and branches are a hazard to users of the path and in particular to those with impaired vision. The surgery works are limited in nature and will not adversely impact on the amenity offered by the trees or their longer term health.

Due consideration has been given to the Conservation Area and the trees assessed on their amenity value and contribution to the local character. Officers are satisfied that the impact of the proposed works will not adversely affect this amenity and long term retention of the managed trees.

It is noted that the species have been incorrectly identified within the application as cherry trees – they are in fact 7 Medlar ( ) and 1 hawthorn– this does not materially change the proposed works which have been assessed based on the correctly identified species following the site inspection.

Conclusion

For the reasons outlined above and having assessed the proposed works with reference to the TPO assessment, the application to crown lift the 8 trees to 2m is considered acceptable and therefore officers do not consider that a TPO should be served. South Hams District Council DEVELOPMENT MANAGEMENT COMMITTEE 5-Sep-18 Appeals Update from 21-Jul-18 to 23-Aug-18

Ward Allington and Strete APPLICATION NUMBER : 1768/16/OPA APP/K1128/W/17/3185418 APPELLANT NAME: The Perraton Family PROPOSAL : Outline Planning application (with all matters reserved) for the erection of 28 dwellings (including affordable/starter homes), creation of community allotments, accesses, highway improvements and associated landscaping LOCATION : Proposed Phase 2, Development Site Land At Ngr Sx77664245, Mill Lane, Frogmore APPEAL STATUS : Appeal Lodged APPEAL START DATE: 30-January-2018 APPEAL DECISION: Dismissed (Refusal) APPEAL DECISION DATE: 17-August-2018 Ward Bickleigh and Cornwood APPLICATION NUMBER : 0621/18/HHO APP/K1128/D/18/3207147 APPELLANT NAME: Miss C Powis PROPOSAL : Retrospective householder application to extend existing porch and utilise porch roof to create first floor balcony. LOCATION : Woodcote, New Road, Lutton, PL21 9RR APPEAL STATUS : Appeal Lodged APPEAL START DATE: 24-July-2018 APPEAL DECISION: APPEAL DECISION DATE: Ward Dartmouth and East Dart APPLICATION NUMBER : 2029/17/FUL APP/K1128/D/17/3188017 APPELLANT NAME: Dr D Burston PROPOSAL : Replacement existing garden ancillary unit LOCATION : Coombe Cottage (In The Grounds Of), Bridge Road, Kingswear, TQ6 0DZ APPEAL STATUS : Appeal decided APPEAL START DATE: 10-May-2018 APPEAL DECISION: Dismissed (Refusal) APPEAL DECISION DATE: 10-August-2018 APPLICATION NUMBER : 3620/17/HHO APP/K1128/D/18/3198356 APPELLANT NAME: Mr Russell Slowley PROPOSAL : Householder application for proposed single pitched glazed porch addition to existing barn and proposed detached three bay garage LOCATION : Barton Barns, Waddaton Road, Waddaton, TQ5 0EL APPEAL STATUS : Appeal Lodged APPEAL START DATE: 18-June-2018 APPEAL DECISION: Dismissed (Refusal) APPEAL DECISION DATE: 27-July-2018 Ward Marldon and Littlehempston APPLICATION NUMBER : 3380/17/OPA APP/K1128/W/18/3205728 APPELLANT NAME: LISB Partnership PROPOSAL : Outline application with all maters reserved for residential development of 9no. dwellings and construction of new vehicular access LOCATION : True Street House, Blackpost Cross, Berry Pomeroy, TQ9 6LE APPEAL STATUS : Appeal Lodged APPEAL START DATE: 15-August-2018 APPEAL DECISION: APPEAL DECISION DATE: Ward Stokenham APPLICATION NUMBER : 0189/17/TPO APP/TPO/K1128/6407

APPELLANT NAME: Mr K McBride

1 PROPOSAL : T1 - Monterey Cypress - Fell LOCATION : Trenear, Kellaton, TQ7 2ER APPEAL STATUS : Appeal decided APPEAL START DATE: 20-November-2017 APPEAL DECISION: Dismissed (Refusal) APPEAL DECISION DATE: 09-August-2018 Ward West Dart APPLICATION NUMBER : 3381/17/FUL APP/K1128/W/18/3203309 APPELLANT NAME: Mr A Agar PROPOSAL : Erection of one dwelling (resubmission of 0334/17/FUL) LOCATION : Land At SX 827 556, Behind Hunters Lodge Inn, Cornworthy APPEAL STATUS : Appeal Lodged APPEAL START DATE: 16-August-2018 APPEAL DECISION: APPEAL DECISION DATE:

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