Minutes - South Hams District Council

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MINUTES OF THE MEETING OF THE DEVELOPMENT CONTROL COMMITTEE
HELD AT FOLLATON HOUSE, TOTNES, ON WEDNESDAY, 29 MAY 2002
MEMBERS
* Cllr E T Mitchell – Chairman
* Cllr A J Nash - Vice-Chairman
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Cllr N A Barnes
Cllr M T Bonney
Cllr B E Carson
Cllr R F Croad
Cllr B C Evans
Cllr G J Fielden
Cllr G M Guthrie
Cllr R W Hallett
Cllr V A Harvey
Cllr J D Hawkins
Cllr E A Jarrold
Cllr J D Kelly
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Cllr I Longrigg
Cllr O G F Masters
Cllr J T Pennington
Cllr R Rowe
Cllr J W Squire
Cllr I P Steer
Cllr R J Tucker
Cllr A R Vale
Cllr A Ward
Cllr J B Washington
Cllr J A Westacott
* Denotes attendance
ø Denotes apology for absence
DC.01/02
MINUTES
The minutes of the meeting of the Committee held on 1 May 2002 were confirmed as a
correct record and signed by the Chairman.
DC.02/02
CHAIRMAN’S ANNOUNCEMENTS
The Chairman announced that he had received a request for this meeting to consider the
distribution of letters of representation received for planning applications to be
considered by the Committee. It was noted that this matter would be discussed at the
Informal Council meeting on 20 June 2002. However, the Chairman informed the
meeting that for the next two meetings of the Committee, a full set of letters of
representation would be circulated.
DC.03/02
DECLARATIONS OF INTEREST
Members were invited to declare any interests in the items of business to be considered
during the course of the meeting. These were recorded as follows:Cllrs R W Hallett, O G F Masters ,A J Nash and A R Vale declared an interest in
application numbers 41/0141/02/F (Afloat Lifeboat Berthing Pontoon, Landing Stages,
Victoria Place, Salcombe) and 41/0707/02/DC, (Siting of portable shower block for use
by visiting yachtsmen for summer season of 2002, Regulations 3, LPA own
development pursuant to a decision of the Salcombe Harbour Board SH.49/01 dated 26
March 2002 – Part Whitestrand Car Park, Salcombe), as Members of the Salcombe
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Dev Cont 29.5.02
Harbour Board, but confirmed that they had received confirmation from the District’s
Solicitor that they could participate in the discussions and vote as they did not have a
prejudicial interest, having been appointed to the Board by this Council (see minute
DC.04/02 below and Appendix A);
Cllr R Rowe declared an interest in application number 52/0385/02/F, (Formation of
tennis court and associated works, Heron’s Reach, Duncannon Mead, Stoke Gabriel),
and left the meeting before discussion commenced thereon (see minute DC.04/02
below and Appendix A).
DC.04/02
SITE INSPECTIONS
Applications deferred at this meeting
RESOLVED
That a Site Inspection Group comprising the Chairman and Cllrs
Carson, Tucker, Ward and Washington be appointed to consider
applications deferred at this meeting for that purpose.
DC.05/02
PLANNING APPLICATIONS
The Development Control and Conservation Manager submitted details of planning
applications as indicated in Appendix A.
During discussion of these planning applications, the following motions were
PROPOSED and SECONDED and on being put to the vote were determined as either
CARRIED or LOST:(a)
Application number 01/1954/01/LB (Listed Building Consent for application
of renderlath render to exposed end of terrace gable end wall to prevent
ongoing water penetration through wall structure, 3 Rose Cottage,
Ashprington), the following motion was PROPOSED and SECONDED and
on being put to the vote was declared CARRIED:“That planning permission be refused on the grounds that the
proposal would adversely affect the appearance and character
of a building listed as having architectural or historic interest,
and which is sited within a Conservation Area. Such action, if
permitted, would not be in the interests of conservation and,
therefore, would be contrary to adopted Development Plan
Policies C11, SHDC1, SHDC18, SHDC19; emerging Local
Plan policies ENV10, ENV12, ENV13; and relevant Central
Government guidance”.
(b)
Application number 56/0258/02/F, (Change of use from light industrial/visitor
centre to visitor centre with parking, Baltic Wharf Business Centre, St Peters
Quay, Totnes), the following motion was PROPOSED and SECONDED and
on being put to the vote was declared LOST:“That planning permission be granted”.
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Dev Cont 29.5.02
Further in relation to application number 56/0258/02/F, the following motion
was PROPOSED and SECONDED and on being put to the vote was declared
CARRIED:“That planning permission be refused on the grounds that the
development involves formation of a retail use which the
Local Planning Authority considers to be contrary to
Development Plan Policies E4, E20, SHDC23, TP3 and
TP5; emerging Local Plan Policies TSR9, SH2, SH3 and
DT10; and relevant Central Government guidance. The
development would thereby result in the loss of an important
waterside building which is part of a limited resource
needed to reinforce marine based economic activity in the
area, and would function as a standalone shopping centre for
predominantly coach based visitors, which would have few
tourist related benefits that would outweigh the loss of
employment floor space”.
(c)
Application number 41/0640/02/F (Removal of lean-to roof and posts,
erection of first floor balcony and porch hood, Cornerways, Bonaventure
Road, Salcombe), the following motion was PROPOSED and SECONDED
and being put to the vote, was declared CARRIED:“That a site visit be undertaken to determine whether the
proposal will materially affect the amenity of the adjacent
residential occupiers”.
(d)
Application number 37/0533/02/F (Erection of garden fence with trellis,
Summerlease, 39 Yealm Road, Newton Ferrers), the following motion was
PROPOSED and SECONDED and being put to the vote, was declared
CARRIED:“That a decision on the proposal be deferred; that the planning
officer negotiate a revised plan to show a reduction on the
height of an agreed section of fence and then delegate to the
planning officer in conjunction with the ward member and
Chairman of the Committee to grant planning permission for
the revised plan subject to a condition requiring compliance
with the revised plan within 3 months”.
RESOLVED
That the planning applications considered at this meeting be
determined as indicated in Appendix A to these minutes.
DC.06/02
ENFORCEMENT
(a)
Unauthorised installation of rooflights 74 Fore Street, Salcombe
Members considered a report on the unauthorised installation of roof lights to the front
and rear roof-slopes of a three storey property with combined commercial and upper
residential use that faced onto Fore Street and lay within the Salcombe Conservation
Area. The report explained that officers were of the opinion that the insertion of nine
velux type roof lights to the central part of the front roof slope was damaging to the
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Dev Cont 29.5.02
area of historic importance, particularly as the roof of the building was visible from
Whitestrand Quay. However, the report indicated that officers were of the opinion that
the installation of three roof lights to the rear roof slope had not harmed the appearance
and character of the Salcombe Conservation Area to a material degree. The report had
also noted that the property agent had failed to submit an application required in order
to seek the regularisation of this breach of planning control and that, subsequently, the
new lessees of the residential part of the building had been contacted over this issue,
but had failed to respond.
RESOLVED
That enforcement action be authorised to secure the removal of the
unauthorised roof lights to the front of the building, within a
compliance period of nine months.
(b)
Unauthorised storage of waste material and untidy site – field adjacent
to cemetery, Ridge Cross, Wembury (ENF/0022/02)
Members considered a report on the unauthorised storage of debris associated with
stock car and motor bike racing, including scrap vehicles and tyres, in a prominently
positioned field to the north of Wembury and to the east of Staddiscombe. The
report explained that the site was adjacent to a Coastal Preservation Area and Area of
Outstanding Natural Beauty. The report also noted that although much of the debris
was hidden from view, officers were of the opinion that the unauthorised storage of
such waste was unacceptable in the South Hams countryside, particularly as the site
lay within an area where emphasis was given to preserving and enhancing the
landscape.
RESOLVED
That enforcement action be authorised to secure the cessation of the
use of land for the storage of scrap and the removal of all nonagricultural vehicles and non-agricultural waste material, within a
compliance period of three months.
DC.07/02
EXCLUSION OF PUBLIC AND PRESS
RESOLVED
That in accordance with Section 100(A)(4) of the Local Government
Act 1972, the public and press be excluded from the meeting during
consideration of the following item of business as the likely disclosure
of exempt information as defined in the indicated paragraphs of Part 1
of Schedule 12A to the Act is involved.
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Dev Cont 29.5.02
DC.08/02
AWARD OF COSTS – CRABSHELL MOTOR INN, KINGSBRIDGE
Consideration was given to a report which advised Members of the award of costs to be
made by this Council to the appellant in respect of a planning appeal relating to the
Crabshell Motor Inn, Kingsbridge.
RESOLVED
1.
That it be noted that a claim has been received;
2.
That officers be authorised to open negotiations with the
appellant’s representatives, and to instruct solicitors to deal
with the claim, subject to a further report being presented to
Members prior to any settlement figure formally being agreed.
(Meeting commenced at 2.00 pm and concluded at 4.35pm).
_________________
Chairman
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Dev Cont 29.5.02
DEVELOPMENT CONTROL COMMITTEE –29 MAY 2002
Number of letters circulated with Members’ bundle. (late letters circulated on day of
Committee meeting in italics)
01/1954/01/LB
Number of letters circulated
4 of objection
1 of comment
41/0141/02/F
Number of letters circulated
16 of objection
26 of support
2 of comment
56/0258/02/F
Number of letters circulated
1 of objection
1 of comment
52/0385/02/F
Number of letters circulated
1 of support
1 of comment
37/0533/02/F
Number of letters circulated
7 of objection
1 of support
41/0555/02/LB &
41/0556/02/F
Number of letters circulated
4 of objection
53/0617/02/O
Number of letters circulated
6 of objection
1 of support
2 of comment
41/0640/02/F
Number of letters circulated
5 of objection (1)
49/0662/02/F
Number of letters circulated
3 of objection
16/0678/02/BT
Number of letters circulated
2 of comment (2)
41/0707/02/DC
Number of letters circulated
4 of objection (1)
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Dev Cont 29.5.02
APPENDIX A
01/1954/01/LB
Listed Building Consent for application of renderlath render to exposed end of terrace gable end wall
to prevent ongoing water penetration through wall structure – 3 Rose Cottage, Ashprington, Totnes,
Devon, TQ9 7UN – Mrs Flannery
ASHPRINGTON
Parish Councils’ Views – In summary, while the Parish Council are sympathetic to the problems
faced by the applicant, they object on the grounds that the proposal would totally change the aesthetic
character of the picturesque village centre, especially on the approach from Bow Bridge. Other
solutions which could be carried out internally and which would not have an external visual impact
should be considered. The Parish Council also advise that Hillside Cottage has had its gable end repointed to prevent damp and suggest a site visit to visualise what the wall would look like if rendered.
Officer Update – None
Recommendation – Conditional Approval
Committee Decision – Refusal
Reasons for Refusal
1.
The proposal would adversely affect the appearance and character of a building listed as of
architectural or historic interest which is sited within a Conservation Area. Such action, if
permitted, would not be in the interests of conservation and therefore contrary to adopted
Development Plan Policies C11, SHDC1, SHDC18, SHDC19; emerging Local Plan Policies
ENV10, ENV12, ENV13; and relevant Central Government guidance.
_________________________________________________________________________________
41/0141/02/F
Afloat lifeboat berthing pontoon – Landing Stages, Victoria Place, Salcombe – Royal National
Lifeboat Institution
SALCOMBE
Town Councils’ Views – Approval
Officer Update – English Nature views reported. Correction made to distance of pontoon from
quay wall 35m – 45m actual not 25m.
Recommendation – Conditional Approval
Committee Decision – Conditional Approval
Conditions:
Standard Time Limit
Accord with Plans
Dredging Method Statement
_________________________________________________________________________________
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Dev Cont 29.5.02
56/0258/02/F
Change of use from light industrial/visitor centre to visitor centre with parking – Baltic Wharf
Business Centre, St. Peters Quay, Totnes, Devon, TQ9 5EW – Gold 2000 Ltd
TOTNES
Town Councils’ Views – Objection
Officer Update – Clarification of policies; reference made to Cornish Goldsmith’s perceived use
at Redruth and to a recent meeting between Planning Officers and the Economic Development
Officer and Managing Director of Baltic Wharf to discuss future uses on the site.
Recommendation – Refusal
Committee Decision – Refusal
Reasons for Refusal
1.
The development involves the formation of a retail use which the Local Planning authority
considers to be contrary to Development Plan Policies E4, E20, SHDC23, TP3 and TP5;
emerging Local Plan Policies TSR9, SH2, SH3 and DT10; and relevant Central Government
guidance. The development would thereby result in the loss of an important waterside building
which is part of a limited resource needed to reinforce marine based economic activity in the
area, and would function as a standalone shopping centre for predominantly coach based
visitors which would have few tourist related benefits that would outweigh the loss of
employment floorspace.
_________________________________________________________________________________
52/0385/02/F
Formation of tennis court and associated works – Herons Reach, Duncannon Mead, Stoke Gabriel,
Totnes, Devon, TQ9 6QZ – Mr & Mrs M Humphries
STOKE GABRIEL
Parish Councils’ Views – No objection
Officer Update –None
Recommendation – Conditional Approval
Committee Decision – Conditional Approval
Conditions:
Standard Time Limit
Revised Plans
Drainage
Landscaping
_________________________________________________________________________________
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Dev Cont 29.5.02
37/0533/02/F
Erection of garden fence with trellis – Summerlease, 39 Yealm Road, Newton Ferrers, Plymouth,
Devon, PL8 1BH – Dr. G J Charnley
NEWTON AND NOSS
Parish Councils’ Views – No objections
Officer Update – negotiations between applicant and neighbour to lower the height of the fence
over an agreed section.
Recommendation – Conditional Approval
Committee Decision – Deferred for planning officer to negotiate revised plan lowering the height of
an agreed section of the fence and then delegated to the planning officer in conjunction with the ward
member and chairman of the Committee to grant planning permission for the revised plan subject to a
condition requiring compliance with the revised plan within three months.
_________________________________________________________________________________
(i)
(ii)
41/0555/02/LB
41/0556/02/F
(i)
Amendments to Listed Building Consent for conversion of public house to shop with 2bedroomed flat over and conversion/extension of outbuildings to provide three cottages
(nominal increase in ridge height of units 1 & 2)
Amendments to approved plans for conversion of public house to shop with 2-bedroomed flat
over and conversion/extension of outbuildings to provide three cottages (nominal increase in
ridge height of units 1 & 2) - Shipwrights Arms, Fore Street, Salcombe, Devon, TQ8 8ET –
Messrs J And R Assael
(ii)
SALCOMBE
Town Councils’ Views – Refuse – both applications
Officer Update – None
Recommendation – Conditional Approval – both applications
Committee Decision – Conditional Approval – both applications
Conditions:
(i)
41/0555/02/LB
Standard Time Limit
Reiteration
(ii)
41/0556/02/F
Standard Time Limit
Reiteration
_________________________________________________________________________________
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Dev Cont 29.5.02
30/0606/02/F
Erection of conservatory with store under – Highfield, Wood Lane, Kingswear, Dartmouth, Devon,
TQ6 ODP – Mr & Mrs C Taylor
KINGSWEAR
Parish Councils’ Views – No objection
Officer Update – None
Recommendation – Conditional Approval
Committee Decision – Conditional Approval
Conditions:
Standard Time Limit
Materials
_________________________________________________________________________________
53/0617/02/O
Outline application for erection of single storey dwelling – Adjoining Swan Haven and Fern Copse,
Dockeys Lane, Torcross, Kingsbridge, Devon, TQ7 2TN – Mr C Venmore
STOKENHAM
Parish Councils’ Views – Refuse
Officer Update – None
Recommendation – Refusal
Committee Decision – Refusal
Reasons for Refusal:
1.
The proposal would constitute an undesirable extension of development into countryside
contrary to the provisions of Structure Plan Policy H4 and Policy SHDC3 of the South Hams
Local Plan and Policy DS4 of the South Hams Local Plan Review.
2.
The site is situated within the South Devon Area of Outstanding Natural Beauty and the
proposed development would be detrimental to the character and appearance of this area
where new development will not be permitted except where this is necessary to the economic
or social well-being of the area or where it will enhance its character neither of which criteria
are applicable in this case and contrary to the objectives of Structure Plan Policies C2, C4,
SHDC3 of the South Hams Local Plan and Policy ENV2 of the South Hams Local Plan
Review.
3.
The site falls within a Coastal Preservation Area within which the Local Planning Authority
will normally only permit certain development as identified in the County Structure Plan.
The proposal is not one of these and therefore is contrary to the objectives of Structure Plan
Policies C7, SHDC3 in the South Hams Local Plan and Policy ENV4 in the South Hams
Local Plan Review.
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Dev Cont 29.5.02
4.
The proposal would set a precedent for development along a private drive which by reason of
its width and alignment is unsuitable to accommodate the additional traffic generated. In
addition, it is considered that the use of the access will adversely affect the amenities of
adjoining residents by reason of the close relationship of the drive with existing dwellings.
The proposal is as such considered to be contrary to the objectives of Structure Plan Policy
T19 and the planning principles as set out in the South Hams Local Plan and Policy DEV19
of the South Hams Local Plan Review.
5.
The Local Planning Authority are not satisfied that surface water can be adequately disposed
of on site in a manner to avoid any exacerbation to known flooding problems in the locality.
Such development would be in conflict with Structure Plan Policy C24, the planning
principles as set out in the South Hams Local Plan and Policy DEV7 of the South Hams
Local Plan Review.
_________________________________________________________________________________
41/0640/02/F
Remove lean-to roof and posts, erect first floor balcony and porch hood – Cornerways, Bonaventure
Road, Salcombe, Devon, TQ8 8BG – Mr N Chard
SALCOMBE
Town Councils’ Views – Objection
Officer Update – Letter of representation reported
Recommendation – Conditional Approval
Committee Decision – Site Inspection
_________________________________________________________________________________
49/0662/02/F
Erection of detached garage – 27 Hazeldene Close, Lee Mill, Devon, PL21 9EL – Mr B Watson
SPARKWELL
Parish Councils’ Views – Strongly object
Officer Update – None
Recommendation – Conditional Approval
Committee Decision – Conditional Approval
Conditions:
Standard Time Limit
Ancillary Use
Use
Incidental Use
Matching Materials
No Rooflights
_________________________________________________________________________________
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Dev Cont 29.5.02
16/0678/02/BT
Application for determination as to whether prior approval is required for installation of
telecommunications base station, incorporating one 12m wooden pole (holding 2 antennae and 2
micro-dishes) and one compact outdoor cabinet within fenced compound, and landscape screen to
A38 boundary – Marley Farm, field adjacent to A38, Near Rattery – Hutchison 3G UK
DEAN PRIOR
Parish Councils’ Views – Objection – not in favour of site – could effect dwelling on opposite side
of road (residential caravan)
Officer Update – 2 letters of objection reported, clarification given of distance of site from
residential caravan on opposite side of road, comments of County Highway Authority and South
West Water reported, photographs of site shown to Members. Applicants provided information
to demonstrate that the Council’s draft SPG requirement of 3 volts per metre would be achieved.
Recommendation – That the prior approval of the Local Planning Authority is not required for the
siting and appearance of the proposed development subject to compliance with a condition requiring
the provision of the proposed landscaping scheme
Committee Decision – That the prior approval of the Local Planning Authority is not required
for the siting and appearance of the proposed development subject to compliance with a
condition requiring the provision of the proposed landscaping scheme
Conditions:
Landscaping
_________________________________________________________________________________
41/0707/02/DC
Siting of portable shower block for use by visiting yachtsmen for summer season of 2002.
Regulation 3, LPA own development pursuant to a decision of Salcombe Harbour Board SH 49/01
dated 26th March 2002
SALCOMBE
Town Councils’ Views – Views awaited
Officer Update – Town Council views reported
Recommendation – Conditional Approval
Committee Decision – Conditional Approval
Conditions:
Temporary
_________________________________________________________________________________
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