Agenda and minutes

To approve and sign the minutes of the meetings held on 5 December 2023 and 15 January 2024.

The minutes of the meeting held on 5 December 2023 and 15 January 2024 were taken as read, approved and signed by the Chair as correct.

No declarations of interest were made by Members.

To consider the report of the Director City Development.

The Principal Project Manager – Development Management (CMB) presented the application for approval of reserved matters of layout, scale, appearance and landscaping pursuant to planning permission ref. 20/0538/OUT for the erection of 93 dwellings with associated access, drainage, open space, play area and landscaping.

A presentation, published on the web site, included the wider site and site layout, street scenes and illustrative visuals of the proposed dwellings. The following information was provided, including a reminder that the outline consent for 93 dwellings was originally refused by Planning Committee, due to the development on a greenfield site, but was allowed at appeal due to housing need. The outline consent included various approved parameter plans on scale, height, movement, and space provision.

·           the number of objections had risen from 32 to 36 (although one objection was neutral) and related to comments on the principle of the development, highways issues, the effect on the ecology, flooding and infrastructure, residential amenity, character, concerns for the valley park, impact on the wider landscape setting and the management of construction. Many of the concerns expressed in the representations have been assessed and found to be acceptable, but other concerns raised were beyond the remit of this application or were addressed under the original outline conditions and the Section 106 Agreement.

·           there have been no objections from any statutory consultees except from the Lead Local Flood Authority. The drainage conditions were subject to outline conditions rather than reserved matters, and would be taken into consideration under a separate application (23/1175/DIS). It was intended that the Lead Local Flood Authority would remove its holding objection following the imminent return of the confirming officer.

·           an objection from Living Options Devon which related to a misnumbering of the wheelchair accessible units had now been updated.

·           the impact on the wider area including the landscape setting was found to be acceptable at the outline stage, subject to a building height parameter plan of the 9.5 metres limit, with a plus or minus of one metre height differential in the northwest part of the site, and similarly, in the southeast part of the site, of a house type to be less than 12 metres, with the caveat of a plus or  minus one metre was deemed compliant.

·           there were five instances of affected properties which were detailed at the meeting. There had been further discussion between the developer and occupier of 67 Pinwood Meadow Drive in relation to a suitable boundary treatment to the front garden.

·           an objection relating to a new access and adjacent Devon Bank had been addressed by a Section 106 Agreement and contribution.

·           the 93 new dwellings would be a positive contribution towards the current local housing need, with 35% being affordable housing, to include 32 units on site, plus a financial contribution and as set out in the Section 106 Agreement.

The application has been substantially improved following the Design Review and Urban Design Officers’ comments with more street trees and less visible car parking. Other benefits  ...  view the full minutes text for item 9.

To consider the report of the Director City Development.

The report of the Director City Development was submitted.

RESOLVED that the report be noted.

To consider the report of the Director City Development.

The schedule of appeal decisions and appeals lodged was submitted.

The Director City Development responded to a Member’s comment on the Heavitree Road Appeal and the role of Devon County Council, as the Highway Authority and stated that the Planning Inspector’s report had included comments on the design, scale and massing of the application, and being out of keeping with the character of the surrounding area, which led to the appeal being dismissed. The appeal decision would offer learning opportunities which would be taken up as part of a case review. In a further response to the Member, it was noted that in general terms, Devon County offered the City Council support through their expert commentary and advice, as well as attendance at this Committee by a dedicated officer. A Local Member for Newtown and St Leonard’s wished to record his thanks to the City Council’s Planning and legal officers and external legal representation associated with the case as well as the community for their support.

The Director City Development also reported that Members would be aware that the High Court handed down its judgment against this Planning Committee's decision to grant outline planning permission at St. Bridget's Nursery. Officers have considered the judgment to 'quash' the decision carefully. He stated that officers were putting in place steps to consider the matter afresh. The application will be brought back to be redetermined by this Committee in due course.

RESOLVED that the Appeals report be noted.