Agenda item

Hybrid application consisting of a full application for 59 dwellings and an Outline application for up to 141 dwellings with up to 1500sqm commercial space (B1, B2 or B8). (Affecting a public right of way) (Amended Plans and Documents) - Land At Grid Reference 249644 119976, Torrington, Devon

REPORT TO FOLLOW

The following Councillors had attended the virtual site visit listed below:

Councillors: R Boughton, D Bushby, P Christie, R Craigie, C Leather,

S Newton and P Pennington.

The recording was forwarded to the following Councillors who were unable to attend the virtual site visit:

Councillors:  D McGeough and R Wiseman

Application No. 1/0511/2021/OUTM - Hybrid application consisting of a full application for 59 dwellings and an Outline application for up to 141 dwellings with up to 1500sqm commercial space (B1, B2 or B8). (Affecting a public right of way) (Amended Plans and Documents) - Land At Grid Reference 249644 119976, Torrington, Devon

Interests:  None

Officer recommendation:     Grant subject to Legal Agreement

The planning application had been called into Plans Committee by Councillor Bright, if minded to approve, for the following reasons:

“There are concerns around the proposed footpath through jubilee woods which include; suitability, lack of consultation with the relevant interested parties and safety concerns based on the fact that the only way to use the proposed footpath is for residents to cross to the path access which is in the centre of a junction, on a corner with low visibility, inside a 60 zone.   There is also a matter of where these additional residents will be crossing to in order to walk safely to the main development.   Would they need lighting to cross safely, as lightly will look severely out of place in an area with naturally beautiful environment.   Concerns have also been raised to ensure that the proposed sewage system for this development is sufficient”.

The Development Management Team Leader presented the report and informed Members of the main planning considerations.  On the original application it had said BI, BII or B8, BI use class has now been replaced with Class E.  The site does benefit from a previous Outline permission which is still extant through the submission of a Reserved Matters application currently being considered by the Local Planning Authority.

During the debate of the application concerns and issues raised included:

·         It is an industrial site currently well outside the Development Boundary of Torrington.

·         Although not well related to Torrington it is an awful site in need of developing.

·         Viability Studies – no affordable housing - applicants comments state proposal not financially viable.  Outline application approved in 2018 was to provide 40% affordable housing.   Councillor Christie expressed concerns with the inconsistent cost figures detailed in the document and reiterated comments he had made at previous meetings in relation to the Viability Studies not disclosing the purchase price of the land.

·         No condition to secure clearance of the site prior to any works commencing.  Clarification in relation to this matter was given by the Planning Manager.

·         Sustainability of the site – long walk to Torrington town.

·         S106 Agreement – concerns with contributions and it had not yet been signed.

·         Devon County Council Highways response - Improvements to Junction A386 with School Lane prior to occupation of any 60 dwellings – this should be amended to 59^th dwelling.

·         Poor design of the site – partial build and concerns the remaining part will remain as waste ground. 

·         Councillor Leather sought a condition stating that demolition of the whole site should take place prior to works commencing.   The Development Management Team Leader advised this had been included in the S106 and was more robust than a condition.  Members were referred to Condition 4 – Phasing condition which requires a Phasing Plan to be submitted for the whole site and to be approved by the Planning Authority.

Following comments made by Members in relation to demolition and contamination of the site, the Head of Legal advised that to give more assurance to the Committee because the S106 had yet to be negotiated and signed, a recommendation can be made in relation to additional conditions being imposed or amendments to conditions set out in the report.

Councillor Leather proposed an amendment to Condition 4 to include reference to the need for the site to be demolished / reclaimed in its entirety before any dwellings are built above a specified level.

Councillor Newton proposed Officers include the following:

“Any approval permission will be subject to a Legally Enforceable Agreement that the whole site will be cleared and certified free from any contamination before any construction can commence”.   

The Planning Manager agreed to add this to Condition 4 and through an obligation in the S106 Agreement.

The following amendments to Conditions were recommended:

Condition 16 – to add “and shelter”.

Condition 17 – to amend from 60 dwelling to 59.

The Planning Manager stated that the S106 Agreement would secure £1.2m towards education and the built facilities.   It will then be for Ward Members to confirm where the funds would go.

The Planning Manager recommended a Housing Mix Condition be included.  It is important that the Council’s standard pre commencement condition is applied so that the housing mix is approved before the Reserved Matters application is submitted.

Advice was given by the Development Management Team Leader, County Highways Officer, and the Planning Manager during the debate.

It was proposed by Councillor Newton, seconded by Councillor Bushby that the application be approved subject to the additional condition and amendments to conditions as stated above.

A recorded vote was taken.

(Vote:  For – Unanimous)

RESOLVED

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

Sam Dewar, Applicant, addressed the Committee in support of the application

David Mathews, Agent, addressed the Committee in support of the application