Agenda and minutes

To approve as a correct record and authorise the Chairman to sign the minutes of the meeting of the Committee held on 6 November 2019;

The minutes of the meeting of the Committee held on 6 November 2019 were confirmed as a correct record and signed by the Chairman.

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;

Members and officers were invited to declare any interests in the items of business to be considered and the following were made:

Cllrs T Holway declared a personal interest in application 3460/17/OPA:  READVERTISEMENT (Revised Plans Received) Outline application with some matters reserved for 7 self-build/custom build dwellings (five open market and two affordable self-build plots), by virtue of knowing the applicant and the neighbours.  He remained in the meeting and took part in the vote thereon;

Cllr K Kemp declared a personal interest in application 0545/19/FUL: Demolition and rebuild of 2 existing dwellings – Hill Cottage, Herbert Road, Salcombe, by virtue of knowing the applicant.  She remained in the meeting and took part in the debate and vote thereon;

Cllrs R Rowe and B Taylor each declared a personal interest in the following planning applications that were sited within the South Devon AONB by virtue of being Members of the South Devon AONB Partnership Committee and they remained in the meeting and took part in the debate and vote thereon:

2101/19/FUL:  Demolition of hotel (14 guest bedrooms, 4 staff bedrooms, indoor swimming pool, lounge/bar/dining areas etc) and construction of mixed use development of 9 serviced short term holiday let apartments (providing total of 16 bedrooms), 1 unit of managers accommodation and 5 residential apartments (resubmission of 2066/18/FUL) – Lantern Lodger Hotel, Grand View Road, Hope Cove;

0545/19/FUL: Demolition and rebuild of 2 existing dwellings – Hill Cottage, Herbert Road, Salcombe;

2416/19/FUL:  Provision of a menage – Land at SX 903 518, Kingswear.

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

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.

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/

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:

a)    3460/17/OPA          Lutterburn Farm, Lutterburn Street, Ugborough

Parish: Ugborough

Outline application with some matters reserved for 7 self build/custom build dwellings (five open market and 2 affordable self-build plots)

Case Officer Update:        The Case Officer noted that further information had been submitted and circulated, and advised that the Flood Authority representative was in attendance to respond to questions

Recommendation:             Delegate to the HOP Lead Development Management in consultation with the Chairman to conditionally approve 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 HOP Lead Development Management, in consultation with the Chairman of the Committee, and if no progress is being made, delegated authority is given to the HOP Lead to refuse the application in the absence of an agreed s106 Agreement.       

During discussion, the Flood Authority representative responded to a number of questions of clarity.  The local Ward Member stated that the proposed drainage scheme for the development had no prospect of achieving the desired result, as it was dependent on use of third party land, for which permission would not be given. 

The Flood Authority representative advised that Ugborough was not high enough as a priority to receive funding from Defra towards a flood alleviation scheme, and therefore the Flood Authority would not be in a position to undertake flood mitigation works until at least 2021.  The proposal before Members enabled flood alleviation work to be undertaken by a developer, more quickly.

The local Ward Member stated that a scheme had been previously proposed that included flood alleviation work being undertaken on the applicant’s land.  The HOP Lead confirmed that the proposal could not be approved subject to a condition stating that flood alleviation work must be carried out on the applicant’s land.  The Solicitor confirmed that refusal of the application on the basis of the proposed scheme not being achievable because of the objection of landowners was not a route that she recommended, and Members should proceed with caution.

Finally, Members agreed that they wanted to support the proposal, but would delegate final approval, subject to approval of a drainage scheme, (as previously submitted), between the applicant and the flood authority, and the HOP Lead, Chairman and local Ward Member.

Committee Decision:         Delegate to the HOP Lead Development Management in consultation with the Chairman to conditionally approve planning permission, subject to the HOP Lead, Chairman and local Ward Member, and the applicant and Flood Authority, DCC approval of a drainage scheme

Conditions:

1.     Reserved matters time

2.     Reserved Matters details

3.     Accord with plans

4.     Surface water drainage strategy prior to commencement

5.  ...  view the full minutes text for item DM.42/19

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

The Head of Development Management provided further details on specific recent appeal decisions.