Agenda item

Planning Application No. 19/1168/FUL - Land adjacent to 2A Newcourt Road, Topsham

To consider the report of the Service Lead City Development.

 

Minutes:

The Service Lead City Development presented the application for a single storey dwelling.

 

The Service Lead City Development reported the following:-

 

·         change to previous schemes that had been refused on grounds of inappropriate design with a large flat roof and a large amenity space at the front of the property;

·         revisions including pitched roof and changes to the amenity space

 

David Williams spoke against the application. He raised the following points:-

 

·         10 applications to date had been refused on valid grounds;

·         the amenity space, cannot be regarded as being of good quality as the patio area to the rear of the proposed dwelling is heavily shaded to the south and does not therefore meet the Policy DG4 allowance that smaller houses may have reduced amenity areas if they are sunny south facing gardens;

·         the rear garden is below the minimum requirement for private amenity space;

·         the plot is completely overlooked by 2A as it was formally the front gardenof that property;

·         the view lines shown on the plan are inaccurate and the actual view line needs to bisect the southern boundary at the corner of the outbuilding of No.2. By adding the correct view line it goes through the proposed house thus restricting the view of 2A from the bottom of Newcourt Road; and

·         the latest application by moving to a pitched roof from the previous flat roof design will exacerbate the impact of the aforementioned view.

 

The Chair reported a statement from the applicant, Richard Carr, who had been unable to attend to speak at the meeting.

 

·         sale of land in 2006 by the then owners of 2A Newcourt Road was with the expectation that a dwelling would be built at some time;

·         the Inspector’s report concluded that a modest sized bungalow within the location was potentially acceptable;

·         a traditional design is proposed with a pitched roof and local materials of natural slate, render and brickwork;

·         the private outside amenity space meets the requirement of the planning department;

·         the access provides good visibility up and down Newcourt Road and no concerns have been raised by the Highways Engineer;

·         the building has been designed to retain the view from the front elevation of No 2A as seen when coming up Newcourt Road and also prevents overlooking; and

·         the land is an ideal site for an infill development and improves an untidy waste land.

 

During discussion the following points were raised:-

 

·         concerns regarding the size of the amenity space and whether the times of construction could be changed because of the narrowness of Newcourt Road and use by schoolchildren; and

·         plot size would be suitable for a single person or small family for which there was likely to be a market.

 

The recommendation was for approval, subject to the conditions as set out in the report.

 

The recommendation was moved and seconded.

 

RESOLVED that planning permission for a single storey dwelling be APPROVED subject to the following conditions:-

 

1)         The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted.

Reason:  To ensure compliance with sections 91 and 92 of the Town and Country Planning Act 1990.

 

 2)        The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details received by the Local Planning Authority on 23 June 2019 (including dwg. nos. MW2-03 Rev 1 01; MW-04 Rev A) as modified by other conditions of this consent.

Reason: In order to ensure compliance with the approved drawings.

 

 3)        Pre-Commencement Condition: No development (including ground works) or vegetation clearance works shall take place until a Construction Method Statement has been submitted to, and approved in writing by, the Local Planning Authority. The Statement shall provide for:

a)         The site access point(s) of all vehicles to the site during the construction phase;

b)         The parking of vehicles of site operatives and visitors;

c)         The areas for loading and unloading plant and materials;

d)         Storage areas of plant and materials used in constructing the development;

e)         The erection and maintenance of securing hoarding, if appropriate;

f)          Wheel washing facilities;

g)         Measures to control the emission of dust/dirt during construction;

h)         No burning on site during construction or site preparation works;

i)          Measures to minimise noise nuisance to neighbours from plant and machinery;

j)          Construction working hours and deliveries from 8:00 to 18:00 Monday to Friday, 8:00 to 13:00 on Saturdays and at no time on Sundays or Bank Holidays; and

k)         No driven piling without prior consent from the Local Planning Authority.

 

The approved Statement shall be strictly adhered to throughout the construction period of the development.

Reason for pre-commencement condition: In the interest of the environment of the site and surrounding areas and to ensure the construction phase is managed in a way that reduces any harmful impacts on the locality. 

 

 4)        Notwithstanding the provisions of Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015, and any Order revoking and re-enacting that Order with or without modification, no development of the types described in the following Classes of Schedule 2 shall be undertaken without the express consent in writing of the Local Planning Authority

Reason: In order to protect residential amenity and to prevent overdevelopment.

 

            Informatives

 

1)         The applicant should be aware that this development is within a Smoke Control Area, which places controls on the emissions of smoke from domestic fires and solid fuel boilers. Advice on controlling the emissions from and health impacts of wood burning is available from https://uk-air.defra.gov.uk/assets/documents/reports/cat09/1901291307_Ready_to_Burn_Web.pdf. It is recommended that all new stoves meet the EcoDesign Ready standard.

In addition, careful design of the flue may be required in order to prevent the appliance causing a nuisance by fume or odours.

For further advice, please contact the Environmental Protection Unit on 01392 265148.

 

 2)        In accordance with Paragraph 38 of the National Planning Policy Framework the Council has worked in a positive and pro-active way with the Applicant and has negotiated amendments to the application to enable the grant of planning permission.

 

 

3)         In accordance with Chapters 1 and 2 of the Conservation of Habitats and Species Regulations 2017, this development has been screened in respect of the need for an Appropriate Assessment (AA). Given the nature of the development, it has been concluded that an AA is required in relation to potential impact on the relevant Special Protection Areas (SPA), the Exe Estuary and East Devon Pebblebed Heaths, which are designated European sites. This AA has been carried out and concludes that the development is such that it could have an impact primarily associated with recreational activity of future occupants of the development. This impact will be mitigated in line with the South East Devon European Site Mitigation Strategy prepared by Footprint Ecology on behalf of East Devon and Teignbridge District Councils and Exeter City Council (with particular reference to Table 26), which is being funded through a proportion of the Community Infrastructure Levy (CIL) collected in respect of the development being allocated to fund the mitigation strategy. Or, if the development is not liable to pay CIL, to pay the appropriate habitats mitigation contribution through another mechanism (this is likely to be either an undertaking in accordance with s111 of the Local Government Act 1972 or a Unilateral Undertaking).

 

4)         The Local Planning Authority considers that this development will be CIL (Community Infrastructure Levy) liable. Payment will become due following commencement of development. Accordingly your attention is drawn to the need to complete and submit an 'Assumption of Liability' notice to the Local Planning Authority as soon as possible. A copy is available on the Exeter City Council website. It is also drawn to your attention that where a chargeable development is commenced before the Local Authority has received a valid commencement notice (ie where pre-commencement conditions have not been discharged) the Local Authority may impose a surcharge, and the ability to claim any form of relief from the payment of the Levy will be foregone.  You must apply for any relief and receive confirmation from the Council before commencing development.  For further information please see www.exeter.gov.uk/cil.

 

 

 

 

Supporting documents: