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 * ø * * * ø * * * * * * 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 * * * * * * * * * * * 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 -1- 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”. -2 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 -3 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. -4 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 -5 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) -6 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 _________________________________________________________________________________ -7 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 _________________________________________________________________________________ -8 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 _________________________________________________________________________________ -9 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. - 10 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 _________________________________________________________________________________ - 11 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 _________________________________________________________________________________ - 12