Land at Atherington Planning Documents by Webbers1924

NORTH DEVON COUNCIL

Planning, Housing and Health

Lynton House Commercial Road

Barnstaple EX31 1DG

Town and Country Planning Act 1990

APPROVAL OF PLANNING PERMISSION

Applicant:: Executors of W. White

Address: C/o 59 Old Torrington Road BARNSTAPLE Devon EX31 3AS

Agent: Mr M Steart

Address: 6 TULY STREET BARNSTAPLE DEVON EX31 1DH

Application No: 73168

Application Type: Outline Application

Date of Registration: 29 March 2021

Date of Decision: 7 May 2024

Proposal: Outline application for erection of up to 5 dwellings with all matters reserved except access (amended description).

Location: Land Adjacent Coronation Cottages Atherington UMBERLEIGH EX37 9HY

IMPORTANT NOTE: this permission shall be read in conjunction with the Section 106 Agreement in terms of its restrictions, regulations or provisions for the application listed above.The North Devon District Council in pursuance of powers under the above mentioned Act hereby GRANTS planning permission subject to the following condition(s):

CONDITIONS:

1. a) In the case of any reserved matter, application for approval must be made not later than the expiration of three years beginning with the date on which this permission is granted ; and

b) The development to which the permission relates must be begun not later than whichever is the later of the following dates :

(I) the expiration of three years from the date on which this permission is granted; or

(II) the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason :

The time limit condition is imposed in order to comply with the requirements of Section 92 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out in accordance with the following approved plans/details:

H405 20 201A Location Plan received on the 29/03/21

H405 20 202J Block Plan received on the 01/12/22 ('the approved plans').

Reason:

To ensure the development is carried out in accordance with the approved plans in the interests of proper planning.

3. Approval of the details of the scale, layout, appearance and the landscaping of the site (hereinafter called the ‘reserved matters’) shall be submitted to and approved in writing by the Local Planning Authority in writing before any development is commenced. The development shall be carried out as approved.

Reason:

To ensure adequate information is available for the proper consideration of the detailed proposals. The application was made for outline planning permission and is granted to comply with the provisions of Section 92 of the Town and Country Planning Act 1990 and Part 3, Article 6 (b) of the Town and Country Planning (General Development Procedure) Order 2015.

4. The reserved matters shall indicate the siting, design and external appearance, including materials of construction of all walls, fences and other means of enclosure to be used in the development and shall be carried out as approved. For avoidance of doubt the proposed boundary treatments shall be erected prior to occupation of the development and shall remain in position for the lifetime of the development.

Reason:

To ensure adequate information is available for the proper consideration of the detailed proposals and to safeguard the visual amenities of the area n, in accordance with Policies DM01, DM04, DM08A of the North Devon and Torridge Local Plan.

5. As part of the reserved matters application, scaled drawing(s) showing existing levels on the site and proposed finished floor levels of the dwellings and gardens in relation as well as cross sections in relation to the properties to the east of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with such drawings.

Reason:

To ensure that the amenities of the area are not adversely affected by reason of the size and scale of the proposed development in compliance with Policies DM01, DM02 and DM04 of the North Devon and Torridge Local Plan.

6. Provision, Implementation and Maintenance of Detailed Landscape Proposals

i) No development shall take place until full details of both hard and soft landscape works have been submitted to and approved in writing by the Local Planning Authority and these works shall be carried out as approved. These details shall include proposed finished levels or contours; means of enclosure; car parking layouts; other vehicle and pedestrian access and circulation areas; hard surfacing materials; minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, lighting etc.); proposed and existing functional services above and below ground (e.g. drainage power, communications cables, pipelines etc. indicating lines, manholes, supports etc.); retained historic landscape features and proposals for restoration, where relevant.

ii) Soft landscape works shall include planting plans; written specifications (including cultivation and other operations associated with plant and grass establishment); schedules of plants (noting species, plant sizes and proposed numbers/densities); implementation and management programme.

Reason:

To assimilate the development into the landscape and to safeguard the appearance and character of the area in accordance with Policies ST04, ST14, DM04 and DM08A of the North Devon and Torridge Local Plan.

7. All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation or the substantial completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species unless the Local Planning Authority gives written consent to any variations.

Reason:

8. As part of the Reserved Matters application a detailed landscape plan shall have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. The content of the landscape plan will address and expand upon the provision and management of all landscape and biodiversity avoidance, mitigation and enhancement measures of the development as set out within the ecological appraisal and preliminary ecological appraisal shall include:

a) A description and evaluation of landscape and ecological features to be created managed and ecological trends and constraints on site that might influence management;

b) A biodiversity impact assessment in accordance with the North Devon UNESCO World Biosphere Reserve Offsetting Strategy 2013-2018 / DEFRA Methodology

c) Aims and objectives of management;

d) Appropriate management options for achieving aims and objectives;

e) Prescriptions for management actions;

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over an initial 10- year period);

g) Details of the body or organization responsible for implementation of plan;

h) Ongoing landscape and ecological monitoring and implementation of any necessary remedial measures;

i) Means of reporting of landscape and ecological monitoring results to the Local Planning Authority and provisions for seeking written agreement to any changes to the management actions and prescriptions that may be necessary to ensure effective delivery of the aims and objectives of the LEMP over time.

j) A framework for periodic reporting of net gains in biodiversity

The plan shall also include details of the mechanism(s) by which the long-term implementation of the plan will be secured by the developer with the management body(ies) responsible for its delivery. The plan shall also set out (where the results from monitoring show that conservation aims and objectives of the plan are not being met) how contingencies and/or remedial action will be identified, agreed and implemented so that the development still delivers the fully functioning landscape and biodiversity objectives of the scheme. The development shall be implemented in accordance with the approved details.

Reason:

In order to protect and enhance biodiversity on the site in accordance with the aims of Policies ST14 and DM08 of the North Devon and Torridge Local Plan and paragraph 180 of the National Planning Policy Framework.

9. Provision shall be made within the site for the disposal of surface water so that none drains onto the highway.

Reason:

In the interests of public safety and to prevent damage to the highway in accordance with Policy DM05 of the North Devon and Torridge Local Plan.

10. One garage and one hardstanding car parking space(s) shall be provided for use by the development hereby permitted prior to its occupation and once provided shall not be used for any purpose other than the parking of vehicles. The design, layout and materials of construction and external appearance of this provision shall be included in the Reserved Matters application.

Reason:

To ensure adequate provision of parking to serve the development in the interests of highway safety in accordance with Policies DM05 and DM06 of the North Devon and Torridge Local Plan.

11. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development)(England) Order 2015 (or any order revoking and re-enacting that Order) express planning permission shall be obtained for any development within classes A, AA, B, C, D or E of Part 1 of Schedule Two of the Order.

Reason:

To allow the Local Planning Authority to consider the impact of future development on the appearance and character of the development in the area/neighbouring amenity/highway safety in accordance with the requirements of Policies DM04/DM01/DM05 of the North Devon and Torridge Local Plan.

12. During the construction phase no machinery shall be operated, no process shall be carried out and no deliveries taken at or dispatched from the site outside the following times:

a) Monday - Friday 08.00 - 18.00

b) Saturday 08.00 - 13.00

c) nor at any time on Sunday, Bank or Public holidays.

Reason:

To protect the amenity of local residents in accordance with Policy DM01 of the North Devon and Torridge Local Plan.

13. As part of any subsequent reserved matters application, including any site clearance, groundworks or construction within each sub-phase (save such preliminary or minor works that the Local Planning Authority may agree in writing), a Construction Environment Management Plan (CEMP) to manage the impacts of construction during the life of the works, shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt and where relevant, the CEMP shall include:

a) measures to regulate the routing of construction traffic;

b) the times within which traffic can enter and leave the site;

c) the importation and removal of spoil and soil on site;

d) the removal /disposal of materials from site, including soil and vegetation;

e) the location and covering of stockpiles;

f) details of measures to prevent mud from vehicles leaving the site and must include wheel-washing facilities

g) control of fugitive dust from earthworks and construction activities; dust suppression

h) a noise control plan which details hours of operation and proposed mitigation measures;

i) details of any site construction office, compound and ancillary facility buildings

j) specified on-site parking for vehicles associated with the construction works and the provision made for access thereto;

k) a point of contact (such as a Construction Liaison Officer/site manager) and details of how complaints will be addressed.

The details so approved and any subsequent amendments as shall be agreed in writing by the Local Planning Authority shall be complied with in full and monitored by the applicants to ensure continuing compliance during the construction of the development.

Reason:

To minimise the impact of the works during the construction of the development in the interests of highway safety and the free-flow of traffic, and to safeguard the

amenities of the area. To protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway to accord with Policies DM01, DM02 and DM05 of the North Devon and Torridge Local Plan.

14. Prior to the commencement of any site clearance, groundworks or construction, the Local Planning Authority shall be provided with the results of a phase one (desktop) survey for potential ground contamination. The report shall be prepared by a suitably qualified person and sufficient to identify any and all potential sources of ground contamination on any part of the development site. Thereafter, depending on the outcome of phase one, a proposal for any phase two (intrusive) survey that may be required shall be submitted to and agreed in writing with the Local Planning Authority.

Where remediation of any part of the site is found to be required, a remediation scheme shall be submitted to and agreed in writing by the Local Planning Authority. The scheme shall include details of any necessary assurance, verification and certification requirements in accordance with established best practice.

The construction phase of the development shall be carried out in accordance with the agreed details and, where relevant, verification reports and completion certificates shall be submitted for the written approval of the Local Planning Authority.

Reason:

This is a pre-commencement condition that has been imposed to ensure that risks from land contamination to future users of the land and neighbouring land, together with those to controlled waters, property and ecological systems are identified and, where necessary, remediated in accordance with the National Planning Policy Framework and in the interest of human health in accordance with Policy DM02 of the North Devon and Torridge Local Plan.

15. Should any unexpected contamination of soil or groundwater be discovered during development of the site, the Local Planning Authority should be contacted immediately. Site activities within that sub-phase or part thereof, should be temporarily suspended until such time as a procedure for addressing any such unexpected contamination, within that sub-phase or part thereof, is agreed upon with the Local Planning Authority or other regulating bodies.

Reason:

In the interest of human health in accordance with Policy DM02 of the North Devon and Torridge Local Plan.

16. The site access and visibility splays shall be constructed, laid out and maintained for that purpose where the visibility splays provide intervisibility between any points on the X and Y axes at a height of 0.125 metres above the adjacent carriageway/drive level and the distance back from the nearer edge of the carriageway of the public highway shall be 2.4 metres (X) and the visibility distances along the nearer edge of the carriageway of the public highway shall be as indicated on drawing no. H405 20 202 Revision J.

Reason:

To provide a satisfactory access to the site and adequate visibility from and of emerging vehicles.

17. The proposed footway shall be provided to a width of 2 metres and constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before its construction begins. For this purpose, plans and sections, indicating, as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority for approval.

Reason:

To ensure that adequate information is available for the proper consideration of the detailed proposals.

18. The occupation of any dwelling shall not take place until the footway, as shown on approved drawing no. H405 20 202 Revision J, has been provided.

Reason:

To ensure adequate facilities are available for the pedestrian traffic attracted to the site

19. The proposed estate road, footways, footpaths, 2 metre grass verge and 2 metre footway, street lighting, sewers, drains, retaining walls, service routes, surface water outfall, road maintenance/vehicle overhang margins, embankments, visibility splays, accesses, car parking and street furniture shall be constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before their construction begins. For this purpose, plans and sections, indicating, as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority for approval.

Reason:

To ensure that adequate information is available for the proper consideration of the detailed proposals.

20. No other part of the development hereby approved shall be commenced until the access road has been laid out, kerbed, drained and constructed up to base course level for the first 20 metres back from its junction with the public highway with the ironwork set to base course level, the visibility splays required by this permission have been laid out, the 2 metre footway and 2 metre grass verge on the public highway frontage required by this permission, has been fully constructed, and a site compound and car park have been constructed, in accordance with details previously submitted for approval.

Reason:

To ensure adequate on site facilities are available for all traffic attracted to the site during the construction period and to protect the amenities of adjoining residents.

21. The occupation of any dwelling in an agreed phase of the development shall not take place until the following works have been carried out:

i) the road and/or cul-de-sac carriageway including the vehicle turning head shall have been laid out, kerbed, drained and constructed up to and including base course

level with the ironwork set to base course level and the sewers, manholes and service crossings completed;

ii) the road and/or cul-de-sac footways and footpaths which provide that dwelling with direct pedestrian routes to an existing highway maintained at public expense have been constructed up to and including base course level;

iii) all visibility splays have been laid out to their final level;

iv) the street lighting for the spine road and/or cul-de-sac and/or footpaths has been erected and commissioned;

v) the car parking and any other vehicular access facility required for the dwelling by this permission have been completed;

vi) the verge, service margin and vehicle crossing on the road frontage of the dwelling have been completed with the highway boundary properly defined;

vii) the street nameplates for the spine road and/or cul-de-sac have been provided and erected.

Reason:

To ensure adequate access and associated facilities are available for the traffic attracted to the site.

22. No external lighting shall be installed on site without the further grant of planning permission.

Reason:

In the interests of safeguarding protected species and their habitats and landscape impacts in compliance with Policies ST14 and DM08 of the North Devon and Torridge Local Plan, biodiversity objectives of the National Planning Policy Framework and the Wildlife and Countryside Act 1981 (as amended), Natural Environment and Rural Communities Act 2006, The Conservation of Habitats and Species Regulations 2017 (Habitats Regulations 2017).

23. The development hereby approved shall be carried out in accordance with the Assessment, recommendations and mitigation details contained in section 4 of the Preliminary Ecological Appraisal prepared by Richard Green Ecology dated March 2021 and the Assessment, recommendations and mitigation details contained in section 4 of the Reptile Survey dated October 2022.

Reason: In the interests of enhancing the habitats of protected species in accordance with the duties outlined in the Wildlife and Countryside Act 1981 (as amended), Natural Environment and Rural Communities Act 2006 and The Conservation of Habitats and Species Regulations 2010 (Habitats Regulations 2010) and requirements of the NPPF

1. The development to which this permission relates is the subject of an agreement under, inter alia, Section 106 of the Town and Country Planning Act 1990.

2. For the purpose of interpreting the restrictions expressed in condition 11 of this consent, permitted development rights have been removed in respect of the following classes:

Part 1:

Class A The enlargement, improvement or other alteration of a dwelling-house

Class AA Enlargement of a dwellinghouse by construction of additional storeys

Class B The enlargement of a dwelling-house consisting of an addition or alteration to its roof

Class C Any other alteration to the roof of a dwelling-house

Class D The erection or construction of a porch outside any external door of a dwelling-house

Class E The provision within the curtilage of a dwelling-house of -

a) any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house as such, or the maintenance, improvement or other alteration of such a building or enclosure; or

b) a container used for domestic heating purposes for the storage of oil or liquid petroleum gas

Further detailed information can be obtained from the Local Planning Authority, including a guide to householder development, and the Planning Portal at www.planningportal.gov.uk

3. The Footway works shall be provided by way of a Section 38/278 Agreement between the Local Highway Authority and developer of the site.

4. The above consent requires the submission of further details to be approved either before works commence or at identified phases of construction.

To discharge these requirements will mean further formal submissions to the Authority on the appropriate forms, which can be completed online via the planning Portal www.planningportal.gov.uk or downloaded from the Planning section of the North Devon Council website, www.northdevon.gov.uk.

A fee may be required [dependent on the type of application] for each separate submission [if several or all the details are submitted together only one fee will be payable].

Further details on this process are available on the Planning section of the Council’s website or by contacting the Planning Unit at Lynton House, Commercial Road, Barnstaple.

5. Statement of Engagement

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.

Lynton House, Commercial Road, Barnstaple EX31 1DG | www.northdevon.gov.uk

This has included a reduction in the number of dwellings and additional ecology information.

If this development involves any building or engineering works, it is the applicant’s responsibility to ensure that any consent under the Building Regulations is also obtained, before work begins. For further advice contact our Building Control Unit on 01884 234974 or by email to mail@nmdbuildingcontrol.co.uk

End of Decision

Ken Miles Chief Executive

Please remove any site notice relating to this application from your property as the decision has now been made.

Appeals to the Secretary of State

If you are aggrieved by the decision of your local planning authority to refuse permission for the proposed development or to grant it subject to conditions, then you can appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990.

If you want to appeal against the local planning authority’s decision then you must do so within 6 months of the date of this notice. However, the following exceptions apply: For applications in respect of consent for the display of an advertisement, if you want to appeal then you must do so within 8 weeks of the date of this notice.

If this is a decision on a planning application relating to the same or substantially the same land and development as is already the subject of an enforcement notice, if you want to appeal then you must do so within 28 days of the date of this notice.

If an enforcement notice is served relating to the same or substantially the same land and development as in your application and if you want to appeal then you must do so within: - 28 days of the date of service of the enforcement notice, or - within 6 months of the date of this notice Whichever period expires earlier.

If the decision is for a minor commercial application, you must appeal within 12 weeks of the date of this notice.

Information and guidance on submitting Planning Appeals can be found at https://www.gov.uk/government/organisations/planning-inspectorate

- Householder Appeals should be made online at https://www.gov.uk/appealhouseholder-planning-decision

- Full application appeals should be submitted at https://www.gov.uk/appeal-planningdecision

- Enforcement appeals can be submitted online at https://www.gov.uk/appealenforcement-notice

If you are unable to access the online appeal form, please contact the Planning Inspectorate to obtain a paper copy of the appeal form on Tel: 0303 444 5000

The Secretary of State can allow a longer period for giving notice of an appeal but will not normally be prepared to use this power unless there are special circumstances which excuse the delay in giving notice of appeal

The Secretary of State need not consider an appeal if it seems to the Secretary of State that the local planning authority could not have granted planning permission for the proposed development or could not have granted it without the conditions they imposed, having regard to the statutory requirements, to the provisions of any development order and to any directions given under a development order

NORTH DEVON COUNCIL

Planning, Housing and Health

Lynton House

Commercial Road

Barnstaple

EX31 1DG

IMPORTANT INFORMATION REGARDING YOUR DECISION

Dear Sir or Madam

Proposal:

Outline application for erection of up to 5 dwellings with all matters reserved except access (amended description).

Location: Land Adjacent Coronation Cottages Atherington UMBERLEIGH EX37 9HY

The Council needs to ensure there is enough housing land available to deliver sufficient housing over the next five years. To enable the Local Planning Authority to monitor this, we need to assess when each planning permission is scheduled to be completed.

I enclose a form entitled ‘Monitoring of Housing Supply’ and would appreciate if you could complete the information requested, to the best of your current estimates. The requested details are indicative and will not be binding should the target dates not be met. Once the form has been completed could you please return it as soon as possible in the pre-paid envelope provided.

The information you provide will not be used for any purpose other than to monitor and project the supply of new housing provision within North Devon.

Should you wish to discuss the content of this form or require some assistance in completing it then please contact me on 01271 388 288 or by email to planningpolicy@northdevon.gov.uk

Yours faithfully

Planning Policy Team Place, Property and Regeneration

MONITORING OF HOUSING SUPPLY

Application Number: 73168

Proposal: Outline application for erection of up to 5 dwellings with all matters reserved except access (amended description).

Site Address: Land Adjacent Coronation Cottages Atherington UMBERLEIGH EX37 9HY

Date of Planning Permission: 7 May 2024

The Council is required to prepare trajectories estimating the levels of new housing, affordable housing and housing on previously developed land that will be built each year, to monitor housing land supply.

The Council is required to estimate levels of new housing, affordable housing and housing on previously developed land that will be built each year, to monitor housing land supply.

To assist us, please could you complete and return this form to the address below, advising when you anticipate the housing in your planning permission (identified above) will be commenced and completed. This information will help to inform and monitor the ongoing supply of new housing but any estimated dates will not be binding.

If your development will be built in distinct phases, whether as a requirement of the planning permission or otherwise, please would you advise how many dwellings are proposed in each phase, together with anticipated start and completion dates for each phase.

Phase 1 or single dwelling

Phase 2 (if applicable)

Phase 3 (if applicable)

Estimated start date:

Number of dwellings:

Estimated completion date:

Thank you for completing this form. Please return it in the pre-paid envelope provided to: Place, Property and Regeneration, North Devon Council, Lynton House, Commercial Road, Barnstaple, Devon EX31 1DG.

For further information please contact us on localplan@northdevon.gov.uk or by telephone on 01271 388392 or 388409

Signature: Date: ______________________

Lynton House, Commercial Road, Barnstaple EX31 1DG | www.northdevon.gov.uk

NORTH DEVON COUNCIL

Planning, Housing and Health

Lynton House Commercial Road

Barnstaple EX31 1DG

TOWN AND COUNTY PLANNING ACT 1990

PRE-APPLICATION ENQUIRY RESPONSE

Applicant: Application No: ENQ/1337/2024

Address: Application Type: Pre Application Enquiry

Agent: Mr Matthew Steart

Address: 6 TULY STREET BARNSTAPLE DEVON EX31 1DH

Date of Registration: 11 September 2024

Date of Decision: 27 November 2024

Proposal: Approval for an outline planning application for 5 dwellings

Location: Land adjacent Coronation Cottages Atherington Umberleigh Devon EX37 9HY

Thank you for your enquiry which was received on the 11 September 2024

Please find my comment below in respect of your proposal.

Site and Surrounding Area:

The site area is rectangular in shape and comprises of 0.25 hectares of greenfield land, located adjacent to the main road (B3227) which runs through Atherington.

The site is on the western edge of the village and lies adjacent to Coronation Cottages. The site comprises part of a grassed field, gently sloping to the south and north with the crest of the hill towards the northern boundary. Access is located to the south eastern corner of the field via a gateway off the B3227, Torrington Road. The field is bounded to the east, south and west by Devon bank with mixed deciduous trees whilst the northern boundary is undefined.

It is noted that outline planning permission for up to 5 dwellings has previously been granted planning permission under reference 73168 with all matters reserved apart from access.

For the avoidance of doubt, the location plan and Ariel image below, identify the site.

Proposed Development:

Your pre-application enquiry proposes the erection of 5 dwellings and seeks the view of the Local Planning Authority in respect of reserved matters (scale, appearance, layout and landscaping).

An indicative site plan has been submitted to inform this pre-application enquiry on the proposed layout of the five dwellings.

The submission shows five dwellings, to be accessed from the B3227 via the access permitted by the outline permission. The proposed dwellings consist of 2 x detached 4 bedroom properties, 1 x detached 3 bedroom property and 1 x semi-detached properties, both being 3 bedroomed properties.

There has not been any elevation drawings or floors plan submitted to comment on in this pre-application enquiry.

Location Plan

Ariel Image

Proposed block plan

Planning Policy Context:

In the determination of a planning application Section 38 of the Planning & Compulsory Purchase Act 2004 is relevant. It states that for the purpose of any determination to be made under the planning Acts, the determination is to be made in accordance with the development plan unless material considerations indicate otherwise. The development plan for this area includes the Devon Waste Plan and North Devon and Torridge Local Plan. The relevant Policies are detailed above.

The National Planning Policy Framework (NPPF) is a material consideration.

Main Planning Considerations:

At this pre-application stage, it is considered that the main planning considerations of relevance are:

1. Principle of Development

2. Housing Mix

3. Layout, Character and Appearance

4. Residential Amenity

5. Highways & Parking

6. Drainage & Flooding

7. Ecology.

1. Principle of Development

Outline planning permission reference 73168 was approved on the 7th May 2024, comprising of:

‘Outline application for erection of up to 5 dwelling with all matters reserved except access’

The principle of development was therefore established in planning application 73168.

The Officer’s delegated report states the site relates to a parcel of land that is allocated for residential development under Policy ATH01 (Land North of Torrington Road).

This states the following:

ATH01: Land North of Torrington Road states:

(1) Land north of the B3227 Torrington Road, as shown on Policies Map 29, is proposed for residential development that includes approximately 5 dwellings, the size and tenure of which will be reflective of local needs.

(2) The site should be developed in accordance with the following specific development principles:

a. Vehicular access from the B3227;

b. A proportionate contribution toward addressing the sewage treatment deficient in the village; and

c. Retention and enhancement of existing boundary hedgerows and provision of additional landscaping on the northern boundary to ensure the development is integrated into the landscape.

Given the above, it is clear that the principle of development (5 dwellings) is acceptable in this location given the sites position within the development boundary for Atherington and it forming part of an allocation (Policy ATH01) for residential development.

Taking account of the above planning policy context and extant planning permission, the principle of the erection of up to 5 dwellings at the site is acceptable.

2. Housing Mix

Policy ST17 of the NDTLP addresses the scale and mix of proposed dwellings.

Policy ST17: A Balanced Local Housing Market

Housing Scale and Mix

(1) The scale and mix of dwellings, in terms of dwelling numbers, types, size and tenure provided through development proposals should reflect identified local housing needs, subject to the consideration of:

(a) Site character and context and (b) Development viability.

The housing mix should be in line with the Council’s Housing and Economic Needs Assessment (HEDNA) prepared by GL Hearn dated May 2016, which establishes the following mix:

It is noted that the proposed bed sizes of the dwellings are predominantly 3 and 4 bedroom properties. I would suggest at least one of the dwellings is amended to a 2 bedroom property, to ensure there is a mix of bed sizes to meet existing and future local housing needs and aspirations. All residential development proposals should aim to positively contribute to a balanced housing sub-market.

3. Layout, Character and Appearance:

Policies ST04 and DM04 both have a strong design focus and establish the need for development to be appropriate in, and have respect for, its context and setting. In addition, Policy ST14 sets a number of requirements relating to the protection of environmental assets, whilst Policy DM08A requires development to respect landscape character of both designated and undesignated landscapes and seascapes.

The NPPF supports the creation of well-designed places through part 12 (Achieving well designed places), which lists 6 design principles to ensure that developments achieved well designed places.

In addition to this, the National Design Guide is considered to be the most up to date national guidance in relation to design. The design guide addresses the question of how we recognise well-designed place and outlies and illustrate the properties for welldesigned places and provides ten characteristics that should be considered in any forthcoming design and decision making.

Given that the access to the site, approved as part of the outline permission, is located to the southern boundary (at a central point) it does seem logical for the dwellings to be sited to the southern boundary, to extend the village in an existing linear form and create an active street frontage.

As expressed during the course of the outline planning application, the case officer’s preference is for all 5 dwellings to be sited to the southern boundary to extend the built environment in a linear form, to respond to the existing built form of the village and to avoid ‘back land’ development. However, if you are wishing to purse with 4 dwellings to the southern boundary and to site one dwelling to the rear, I would suggest this dwelling is located to the rear of Plots 1 and 2, and be in the form of a single storey dwelling. It would be more favourable to have a dwelling located to the eastern boundary, to ensure the visual impact would be reduced from public view points. The western part of the site is adjacent to the countryside and this sensitive edge should be protected. Equally, it is evident that there are ancillary buildings to the rear of Coronation Cottages, therefore evidence of some built form to this edge.

There were amenity issues raised from 4 Coronation Street (at the outline application stage), so this would add weight to the dwelling being single storey and at a separation distance to avoid conflict with existing neighbouring residential properties. It would also be beneficial to demonstrate that the back land development is subservient (ie smaller in size, massing and scale) to the frontage properties.

I am happy to have a look at a revised layout plan to demonstrate the above before the submission of a formal reserved matters application.

As there have not been any elevation or floor plans of the dwellings provided, I am not able to provide any advice on this element of the proposal.

Condition 5 of the outline planning permission is seeking scaled drawing cross-section drawing in relation to the existing properties to the east of the site (primarily being 4 Coronation Cottage).

Condition 5

As part of the reserved matters application, scaled drawing(s) showing existing levels on the site and proposed finished floor levels of the dwellings and gardens in relation as well as cross sections in relation to the properties to the east of the site shall be submitted to and approved in writing by the Local Planning Authority. The development shall be undertaken in accordance with such drawings.

Reason:

4. Residential Amenity

Policy DM01 of the NDTLP requires that development should secure or maintain amenity appropriate to the locality with special regard to the likely impact on neighbours, the operation of neighbouring uses, future occupiers, visitors on the site and any local services. Policy DM04 of the NDTLP also includes a principe regarding amenity.

I have taken the opportunity to consult the Council’s Environmental Protection Officer on this proposal and they have provided the following comments:

1 Land Contamination

Housing developments incorporating gardens are recognised as being highly sensitive to the presence of any land contamination affecting the site. If a planning application is received, I anticipate recommending the LPA be provided with a Phase 1 Preliminary Risk Assessment Report for potential ground contamination. Reports must be prepared by a suitably qualified competent person, have regard to relevant standards and guidance and take account of the existing and historical uses of the land and the proposed end uses. The report should include recommendations relating to any further investigations or assessment required. Associated planning conditions may need to be included in due course.

2 Construction Phase Impacts

In order to ensure that site clearance and construction related activities do not give rise to unacceptable noise, dust or other impacts at sensitive receptor locations in the vicinity, I anticipate recommending that development works be subject to compliance with an LPA approved Construction Environmental Management Plan (CEMP) and restricted construction working hours. The CEMP will set out how development works are to be managed and controlled in the interests of residential amenity, protecting public health, highway safety and the natural environment. Associated planning conditions may need to be included in due course.

I may wish to comment further if a detailed planning application raises any unforeseen additional concerns.

Condition 13 of the outline planning permission is worded as follows and requires a Condition Environmental Management Plan (CEMP) to be submitted as part of any subsequent reserved matters application.

Condition 13

As part of any subsequent reserved matters application, including any site clearance, groundworks or construction within each sub-phase (save such preliminary or minor works that the Local Planning Authority may agree in writing), a Construction Environment Management Plan (CEMP) to manage the impacts of construction during the life of the works, shall be submitted to and approved in writing by the Local Planning Authority. For the avoidance of doubt and where relevant, the CEMP shall include:

a) measures to regulate the routing of construction traffic;

b) the times within which traffic can enter and leave the site;

c) the importation and removal of spoil and soil on site;

d) the removal /disposal of materials from site, including soil and vegetation;

e) the location and covering of stockpiles;

f) details of measures to prevent mud from vehicles leaving the site and must include wheel-washing facilities

g) control of fugitive dust from earthworks and construction activities; dust suppression

h) a noise control plan which details hours of operation and proposed mitigation measures;

i) details of any site construction office, compound and ancillary facility buildings

j) specified on-site parking for vehicles associated with the construction works and the provision made for access thereto;

k) a point of contact (such as a Construction Liaison Officer/site manager) and details of how complaints will be addressed.

Reason:

To minimise the impact of the works during the construction of the development in the interests of highway safety and the free-flow of traffic, and to safeguard the amenities of the area. To protect the amenity of local residents from potential impacts whilst site clearance, groundworks and construction is underway to accord with Policies DM01, DM02 and DM05 of the North Devon and Torridge Local Plan.

The closest property to the east of the site is 4 Coronation Cottages, being located approximately 10 metres from the boundary of the site (to the dwelling of 4 Coronation Cottages). It was noted at the outline planning stage there was an objection raised by the occupier of 4 Coronation Cottages in terms of overlooking/loss of property. Please ensure careful consideration is given to any impact upon neighbouring amenity.

5. Highways

Policies ST10 and DM05 of the NDTLP seek to ensure that development does not adversely affect the local or strategic highway network and that vehicular accesses are

safe and well designed. In addition, Policy DM06 of the NDTLP seeks to ensure that appropriate parking provision is delivered as part of development.

As noted earlier, access was determined as part of the outline planning permission. The outline permission detailed that the development would be served off the B3227 Torrington Road and there would be a proposed footpath into the village. Visibility splays would be set back to allow for a 53 metre visibility splays to the west and a 43 metres visibility splays to the east with a setback of 2.4 metres.

The plans detail that the existing hedgerow would be set back (translocated) to allow for a visibility splay giving 27.7 metres to the west and 25.96 metres to the east. The access would be moved so that it has a central position on the plot rather than in the south eastern corner as it currently is.

Condition 16 of the outline permission (below) required that the access and visibility splays be provided as approved.

Condition 16 -

The site access and visibility splays shall be constructed, laid out and maintained for that purpose where the visibility splays provide intervisibility between any points on the X and Y axes at a height of 0.125 metres above the adjacent carriageway/drive level and the distance back from the nearer edge of the carriageway of the public highway shall be 2.4 metres (X) and the visibility distances along the nearer edge of the carriageway of the public highway shall be as indicated on drawing no. H405 20 202 Revision J.

Reason:

To provide a satisfactory access to the site and adequate visibility from and of emerging vehicles.

Condition 17 of the outline permission requires there should be a 2 metre wide footway to the south west boundary of the development.

Condition 17

The proposed footway shall be provided to a width of 2 metres and constructed and laid out in accordance with details to be approved by the Local Planning Authority in writing before its construction begins. For this purpose, plans and sections, indicating, as appropriate, the design, layout, levels, gradients, materials and method of construction shall be submitted to the Local Planning Authority for approval.

Reason:

To ensure that adequate information is available for the proper consideration of the detailed proposals.

Condition 10 (below) requires one garage and one hardstanding car parking space per dwelling, which has been annotated on the proposed site plan.

Condition 10

One garage and one hardstanding car parking space(s) shall be provided for use by the development hereby permitted prior to its occupation and once provided shall not be used for any purpose other than the parking of vehicles. The design, layout and materials of construction and external appearance of this provision shall be included in the Reserved Matters application.

Reason:

To ensure adequate provision of parking to serve the development in the interests of highway safety in accordance with Policies DM05 and DM06 of the North Devon and Torridge Local Plan.

Condition 9 requires provision to be made to ensure that no surface water drains onto the public highway.

6. Drainage & Flooding

Policy ST03 of the NDTLP notes that development should ‘adopt effective water management including Sustainable Drainage Systems, water quality improvements, water efficiency measures and the use of rainwater’. In addition, Policy DM04 notes development should provide effective water management including Sustainable Drainage Systems, water efficiency measures and the reuse of rainwater.

The NPPF and Planning Guidance provide further advice on foul drainage, with a hierarchical approach being used. The Planning Practice Guidance notes that new development should aim to discharge foul water into the public sewer; however, if this is not possible to use, than a septic tank will be considered. Justification for the use of alternative drainage systems other than mains drainage is required.

Your submission advises that foul water would be discharged to the mains sewer. South West Water will be consulted in respect of the reserved matters submission and will advise if this is acceptable.

Your submission advises that surface water run off would be drained to a soakaway on the site. At outline planning stage a Soakaway Test Report by Ruddlesden geotechnical

supported the application and indicated that Soakaways are proposed as a means of surface water drainage.

7. Ecology

Policies ST14 and DM08 of the NDTLP require that development ensures the protection and enhancement of biodiversity.

Condition 8 of the outline planning permission is worded as follows:

As part of the Reserved Matters application a detailed landscape plan shall have been submitted to and approved in writing by the local planning authority and these works shall be carried out as approved. The content of the landscape plan will address and expand upon the provision and management of all landscape and biodiversity avoidance, mitigation and enhancement measures of the development as set out within the ecological appraisal and preliminary ecological appraisal shall include:

a) A description and evaluation of landscape and ecological features to be created managed and ecological trends and constraints on site that might influence management;

b) A biodiversity impact assessment in accordance with the North Devon UNESCO World Biosphere Reserve Offsetting Strategy 2013-2018 / DEFRA Methodology

c) Aims and objectives of management;

d) Appropriate management options for achieving aims and objectives;

e) Prescriptions for management actions;

f) Preparation of a work schedule (including an annual work plan capable of being rolled forward over an initial 10- year period);

g) Details of the body or organization responsible for implementation of plan;

h) Ongoing landscape and ecological monitoring and implementation of any necessary remedial measures;

j) A framework for periodic reporting of net gains in biodiversity

Reason:

The reserved matters application will need to demonstrate compliance with the above condition. In addition, ‘landscaping’ is a reserved matter and full landscaping details will be required at reserved matters stage.

Conclusion

I trust the above is helpful to inform the submission of a reserved matters application, however, if you require any further information/clarification on materials, external appearance and layout etc, please do not hesitate to come back with further information/plans under this pre-application enquiry reference.

There are a number of planning conditions in the outline planning permission, where certain information is required to be submitted as part of the reserved matters application therefore, I would strongly suggest the outline conditions are reviewed to ensure all this information is captured within the reserved matters submission.

You should note that the above advice is an informal opinion given without the benefit of formal consultation and public advertisement and would not prejudice any decision which may be made by the Local Planning Authority in determining any subsequently submitted application, which can only be obtained by the submission of a formal application.

Ms T. Blackmore Case Officer