Agenda item

Reserved matters application for details of appearance, landscaping, layout and scale in respect of a proposal for 274 no. dwellings, associated infrastructure and open space pursuant outline planning permission 1/0039/2014/OUTM (Amended Plans) - Land To The South Of Clovelly Road, Bideford, Devon.

 

Minutes:

Application No.  1/1133/2021/REMM - Reserved matters application for details of appearance, landscaping, layout and scale in respect of a proposal for 274 no. dwellings, associated infrastructure and open space pursuant outline planning permission 1/0039/2014/OUTM (Amended Plans) - Land To The South Of Clovelly Road, Bideford, Devon

 

Interests:  Councillor Christie declared a personal interest – dual hatted – Bideford Town Council

 

Officer recommendation:  Grant

 

 

The planning application had been called into Plans Committee by Councillor Langford to consider highway safety on the surrounding area.

 

 

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

 

The primary concerns raised during the debate were:

 

·         the proposed closure of the Littleham Road junction with traffic being directed through the new estate

·         the potential noise and smell from the adjoining High Park Farm.

 

The Devon County Highways Officer addressed the highway concern and explained the reasoning behind the closure of the Littleham Road junction.

 

Councillor Watson referred to discussions held at the Outline application stage when he thought it had been agreed the road would be open to take farm traffic and heavy vehicles.   The Highways Officer explained there is no legal mechanism that would allow just farm traffic through and not all traffic.

 

Councillor McGeough commented on the adverse impact the development would have on the farming family at High Park Farm.  The Principal Planning Officer explained that a Condition had been included at the Outline application stage and a noise and smell scheme had been submitted with this application. Many discussions had taken place with the Environmental Protection Team regarding the scheme and was considered to be acceptable.

 

The Principal Planning Officer explained in detail why fencing on the boundary would not alleviate the noise issue.  The existing trees, which are to be protected, cannot be relied upon for mitigation, so the mitigation is devised from the distance to the farm and the mechanical ventilation.

 

The Public Health & Housing Manager addressed all noise and smell issues raised by the Committee and confirmed how noise measurements are taken and the results from that process.

 

The Principal Planning Officer advised that at the Outline Planning permission stage it had been determined that smell was not a statutory nuisance on this site, so therefore was not an issue that moved forward onto this application. 

 

It was highlighted that the Local Plan is very supportive of local businesses.

 

Additional concerns/points raised during the discussion included:

 

·         Councillor Christie stated that the reason for the narrow vote (5 – 4) to approve the Outline Planning application had been due to noise and smell issues.   Examples of other applications refused on smell and noise issues were given.

 

·         This proposal is for 550 houses the estate to the north is for 750 houses and there is a school site proposed on one of these sites.  Not been advised on which site. 

 

·         Health and safety concerns with children being expected to cross the busy Clovelly Road to get to the school.  Councillor Christie had suggested at the previous meeting that a bridge be put across Clovelly Road.   He expressed his dissatisfaction that once again there is a S106 highway contribution towards Heywood Road roundabout.   Devon County Officers at a recent meeting had said it was for Councillors to decide on the S106 monies. He therefore suggested that no money be given towards the roundabout but instead a bridge be put across Clovelly Road, or the monies be put towards more affordable housing.    The Committee were advised by the Principal Planning Officer that the S106 Agreement cannot be reconsidered under this application. 

 

The Planning Manager advised that the S106 had been signed as part of the Outline application and the Developer can apply for a Deed of Variation.  A formal request can be made to Devon County Council outlining Member preferences.

 

·         An update was requested as to what was happening with the school site – Outline permission has been granted on the South site and the North site.  The Planning Manager informed Members that an update had been sent to all Plans Committee Members in March regarding the issues for the school sites and what has been secured by the S106 Agreements on different sites.

 

·         No complaint to be received for a number of years – Members were informed cannot enforce someone not to make a complaint. 

 

·         No objections from Statutory Consultees.

 

Councillor Lock referred to a comment made by a speaker and questioned why no boundary fencing had been erected to protect stock.  The Principal Planning Officer advised a condition can be recommended to add stockproof fencing. 

 

Councillor Leather expressed his concerns in relation to the closure of the Littleham Road and traffic being diverted through a housing estate,

particularly farm traffic.  He acknowledged that although a condition cannot be

imposed, he asked that it be noted Members are absolutely opposed to the

closure of the road.  The Principal Planning Officer said it could be added as an informative.

 

The Devon County Highways Officer to update Officers when an application is

received to close the Littleham Road to allow Members to comment on the

road closure.

 

It was proposed by Councillor Lock, seconded by Councillor Watson that the

Application be approved, subject to the additional condition for stockproof

fencing to be erected and for the wording to be delegated to Officers in

conjunction with the Chair and Vice Chair of Plans Committee.

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

 

X

 

Cllr P Christie

 

X

 

Cllr R Craigie

 

X

 

Cllr C Leather

X

 

 

Cllr R Lock

X

 

 

Cllr D McGeough

 

X

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

(Vote: For 4, Against 5)

The motion was lost.

Following further discussion, the Planning Manager advised that the application can be refused, but robust refusal reasons would be required, or to defer the application to allow for issues to be addressed.

It was proposed by Councillor Leather, seconded by Councillor Brown that the application be deferred.

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

 

Cllr M Brown

X

 

 

Cllr P Christie

X

 

 

Cllr R Craigie

X

 

 

Cllr C Leather

X

 

 

Cllr R Lock

X

 

 

Cllr D McGeough

X

 

 

Cllr P Watson

 

X

 

Cllr R Wiseman

X

 

 

 

(Vote: For 7, Against 2)

RESOLVED:

 

That the application be deferred to allow for issues raised to be addressed.

 

Mr A Hockridge addressed the Committee objecting to the application.

Mr P White addressed the Committee objecting to the application.

Mr R Smith, Agent, addressed the Committee in support of the application.

Councillor Langford, Ward Member, addressed the Committee.

Supporting documents: