PLANNING COMMITTEE AGENDA - 23rd June 2021 Applications of a non-delegated nature Item No. Description 01. 20/01174/MOUT - Outline for the erection of up to 179 dwellings, including the conversion of Tidcombe Hall and outbuildings to 12 dwellings, a shop, a cafe, an open sided shelter, community allotments, community orchards, public open space, associated infrastructure and access with all other matters reserved at Tidcombe Hall, Tidcombe Lane, Tiverton. RECOMMENDATION Refuse permission. The following NOT before 4.00pm 02. 21/00128/MFUL - Erection of 86 dwellings to include public open space, landscape planting, pedestrian, cycle and vehicular links; and associated infrastructure at Land at NGR 298634 113714 (Braid Park), Uplowman Road, Tiverton. RECOMMENDATION Grant permission subject to conditions and the signing of a S106 agreement to secure. 03. 20/01483/TPO - Application to shorten the lowest branches on the South and East side of 1 Oak tree by 2m and reduce regrowth from previous pruning back to old pruning points , protected by Tree Preservation Order 99/00002/TPO at 4 Cornflower Close, Willand, Cullompton. RECOMMENDATION Grant consent. 04. 20/01484/TPO - Application to shorten the lowest branches overhanging the garden(s) on the South side of 1 Oak tree to give approximately 4m clearance above ground level; reduce the canopy over the garden(s) by 2-3m and reduce branch on North side by 1-2m, protected by Tree Preservation Order 88/00004/TPO at 9 Hawthorne Road, Tiverton, Devon. RECOMMENDATION Grant consent. 05. 21/00678/TPO - Application to reduce overhanging branches by 1.5m and 2m of 1 Oak tree protected by Tree Preservation Order 88/00004/TPO at Land at NGR 296672 113777 (East 7 Jasmine Close), Tiverton, Devon. RECOMMENDATION Grant consent. 06. 20/01825/TPO - Application to fell 1 Ash and 2 Oaks and remove deadwood/limbs from 2 Ask and 2 Oak trees protected by Tree Preservation Order No 96/00006/TPO at Land at NGR 305855 112143, (Woodland East of Harvesters), Uffculme. RECOMMENDATION Application Part Granted/Part Refused AGENDA 1 Plans List No. 1 Application No. 20/01174/MOUT Grid Ref: 297452 : 112203 Applicant: Tidcombe Holdings LVA LLP Location: Tidcombe Hall Tidcombe Lane Tiverton Devon Proposal: Outline for the erection of up to 179 dwellings, including the conversion of Tidcombe Hall and outbuildings to 12 dwellings, a shop, a cafe, an open sided shelter, community allotments, community orchards, public open space, associated infrastructure and access with all other matters reserved Date Valid: 27th July 2020 AGENDA 2 APPLICATION NO: 20/01174/MOUT MEMBER CALL-IN Cllr Griggs has called in this application to be determined by Planning Committee to consider: 1. Whether there will be an adverse impact upon wildlife. 2. Whether the proposals will have an unacceptable impact upon the safety of road users, cyclists and pedestrians with particular reference to the cycle track coming out onto a dangerous double bend, traffic coming in and out of the site at either entrance and proximity to the primary school access and whether this would become more dangerous. 3. Whether the proposal would have an acceptable impact upon the canal. RECOMMENDATION Refuse planning permission PROPOSED DEVELOPMENT Outline for the erection of up to 179 dwellings, including the conversion of Tidcombe Hall and outbuildings to 12 dwellings, a shop, a cafe, an open sided shelter, community allotments, community orchards, public open space, associated infrastructure and access with all other matters reserved. The site is located to the east of Tiverton and is formed of the Tidcombe Hall building, associated outbuildings, access, parking and garden areas as well as agricultural land to the east. The agricultural fields forming the eastern part of the site surround Little Tidcombe, a grade II listed building, although the building and associated outbuildings, are excluded from the site area. The site area extends to 12.08 hectares. There is an existing access from Tidcombe Lane. A second access lane leads from Warnicombe Lane at the southern edge of the site, this provides access to Tidcombe Farm (also known as Little Tidcombe) and access to the agricultural fields can also be achieved from here. To the north the site borders the Grand Western Canal (a Conservation Area) and towpath, on the other side of which is the residential area leading off Glebelands Road. To the east the site adjoins agricultural land, to the south there are a number of residential properties located off Warnicombe Lane. To the west the site borders agricultural land and Tidcombe Lane. The application seeks outline planning permission together with means of access which is also sought for approval at this stage. The layout, scale, appearance and landscaping are reserved matters and not for approval as part of this application. It is proposed that a new access would be provided into the site from Tidcombe Lane which is proposed to be sited approximately 5m north of the existing access. The application is supported by an indicative masterplan which indicates the provision of; - 179 new sustainable dwellings (up to 12 being by conversion of Tidcombe. The application sets out that these would be 2, 3, 4 and 5 bedroom properties. Hall/outbuildings) (28% as affordable units). The indicative plan suggests that some residential development could be provided within the existing walled garden area with the majority indicated to be in the east part of the site in clusters to the east, south and west of Tidcombe Farm. - Conversion of Tidcombe Hall and outbuildings for up to 12 dwellings. - A total of 6.05 hectares of public open space including provision of a 2.34 hectare community canal parkland along the northern edge of the site to provide an enhanced buffer for the Grand Western Canal, informal open space including attenuation features, AGENDA 3 native parkland tree planting community shelter, trim trail, natural play area and wildflower meadow. - Community hub including shop, allotments and orchard- indicated to be provided in the site area immediately surrounding the Tidcombe Hall building. - Provision of a new vehicular access from Tidcombe Lane utilising an existing secondary gateway access approximately 5m north of the current main entrance to Tidcombe Hall. APPLICANT’S SUPPORTING INFORMATION Application form Planning statement Design and access statement Draft heads of terms Arboricultural impact assessment report, tree survey, tree constraints plan, tree removal plan Ecological impact assessment Energy statement (including carbon reduction statement and waste audit statement) Historic environment assessment Preliminary geotechnical investigation and contamination assessment Geophysical survey Statement of significance (archaeological) Flood risk assessment Verification study- agricultural land classification Landscape and visual impact assessment Statement of community involvement Transport assessment Site location plan Illustrative masterplan Public open space plan Design principles plan Ground floor contextual plan Existing plan- topographical survey, floor plans Additional information received on 6th April 2021; Addendum transport technical note Air quality assessment Draft conditions document Project design for an archaeological trench evaluation Statement of intent Technical note- response to landscape and visual matters Structural appraisal Flood risk assessment Artists impression from Tidcombe Lane Additional information received on 26th May 2021; Revised access arrangement plan Results of archaeological trench evaluation Response to arboricultural objections A revised copy of the addendum transport technical note was received on 27th May which amends the references of Warnicombe estate to Wilcombe estate. AGENDA 4 RELEVANT PLANNING HISTORY There is an extensive list of applications relating to the site however are not generally considered to be of significant relevance to determination of this application and therefore have not been listed in this report. DEVELOPMENT PLAN POLICIES Mid Devon Local Plan 2013 – 2033 Policy S1 -Sustainable development priorities Policy S2- Amount and distribution of development Policy S3- Meeting housing needs Policy S4 - Ensuring housing delivery Policy S5 - Public open space Policy S8 – Infrastructure Policy S9 – Environment Policy S10 - Tiverton Policy S14 – Countryside Policy TIV13 – Tidcombe Hall CONTINGENCY SITE Policy TIV15 - Tiverton Infrastructure Policy DM1 -High quality design Policy DM2 - Renewable and low carbon energy Policy DM3 - Transport and air quality Policy DM4 – Pollution Policy DM5 – Parking Policy DM9 - Conversion of rural buildings Policy DM25 - Development affecting heritage assets Policy DM26 - Green infrastructure in major development Policy DM28 - Other protected sites CONSULTATIONS TIVERTON TOWN COUNCIL- 25th August 2020- This application is beside a contingency site, shown on the Mid Devon Plan for 100 dwellings. This is not part of the five year housing bank. Tiverton Town Council is very concerned at the impact that this proposed development would have on Tidcombe Lane and the local road network. There are also concerns about the lack of access to the proposed park area and the possible problems relating to the proposed pond area and the lack of details regarding the protection of trees and wildlife. This is a very scenic part of the town and the proposal would alter that dramatically. For these reasons Tiverton Town Council is unable to support this development 27th April 2021- Tiverton Town Council's