To confirm as a correct record the Minutes of the meeting of this Committee held on 2 April 2024.

The minutes of the meeting of the Committee held on 2 April 2024 were confirmed as a correct record and signed by the Chairwoman.

Outline planning application for the erection of up to 77 dwellings, including affordable housing (35%), areas of open space (including public park), landscaping, biodiversity net gain and site infrastructure, with all matters reserved apart from access. This application is accompanied by an Environmental Statement.  This application is a departure from the Development Plan.

The Committee considered an application for outline planning for the erection of up to 77 dwellings, including affordable housing (35%), areas of open space (including public park), landscaping, biodiversity net gain and site infrastructure, with all matters reserved apart from access. The application was accompanied by an Environmental Statement.  The application was a departure from the Development Plan.

Prior to the meeting, Members of the Planning Committee undertook a site visit and written representations were available on the Council’s website.  At the meeting Mrs Jackie Stockman addressed the Committee against the application.  Mr Andrew Rowe addressed the Committee in support of the application.

In accordance with Standing Order B4.1 Councillor Tyerman addressed the Committee against the application.

At the meeting the Planning Officer advised, that since the report had been published one letter of support had been received based on the provision of additional housing and further comments from the Council’s Strategic Planning Team had resulted in a slight amendment to the officer recommendation contained within the submitted report.

Resolved (unanimously):

That the application be refused for the following reasons:

1.            Conflict with the Development Plan

The site lies within the South Devon National Landscape, is outside of the settlement boundary of Brixham and in the open countryside, is not within an identified Future Growth Area, and is not allocated for housing within the Torbay Local Plan or Brixham Peninsula Neighbourhood Plan.  In the context of the site the development, which is a major housing scheme, is considered to be in significant and overriding conflict with the Development Plan and guidance contained within the NPPF regarding Valued Landscapes.  In the absence of exceptional circumstances and a demonstration that the development is in the public interest, and in the absence of other material considerations that indicate that the development plan should not be followed, the development is considered contrary to Policies SS2, SS3, SS8, SDB1, SDB3, C1 and H1 of the Torbay Local Plan, Policies BH4, BH9, E1 and E2 of the Brixham Peninsula Neighbourhood Plan, and guidance contained within the NPPF, notably Paragraphs 11, 12, 14, 180, 182 and 183.

2.            Impact on the South Devon National Landscape

The development, by reason of its major scale and expected form as a housing scheme, and its location within the South Devon National Landscape, would have a significant detrimental impact on the landscape character and scenic beauty of this part of the South Devon National Landscape, where the impact is not mitigated by exceptional circumstances and demonstrated it would be in the public interest.  The proposal is therefore contrary to Policies SS2, SS3, SS8, SS11, SDB1, SDB3, DE1, C1, C4 and H1 of the Torbay Local Plan, Policies BH4, BH9, E1 and E2 of the Brixham Peninsula Neighbourhood Plan, and guidance contained within the NPPF, notably Paragraphs 11, 12, 14, 180, 182 and 183.

3.            Lack of a Signed Section 106 Legal Agreement to secure obligations as identified

The proposal, in the absence of a signed S106 Legal Agreement, fails to  ...  view the full minutes text for item 53.

Change of use of land for the temporary erection and operation of a 45m high observation wheel and ancillary development, for a one-year season (between the period of March to October 2024).

The Committee considered an application for change of use of land for the temporary erection and operation of a 45m high observation wheel and ancillary development, for a one-year season (between the period of March to October 2024).

Prior to the meeting, Members of the Planning Committee undertook a site visit and written representations were available on the Council’s website.  At the meeting Mr Rodney Horder addressed the Committee on behalf of the Torquay Neighbourhood Forum in support ofthe application.  Mr Jon Pope addressed the Committee in support of the application.

In accordance with Standing Order B4.1 Councillors Jackie Thomas, David Thomas and Chris Lewis addressed the Committee in support of the application.

At the meeting the Planning Officer advised, that since the report had been published 8 letters of support had been received outlining that the observation wheel provided facilities, improved the tourism offer of Torbay, helped to provide jobs, that the benefits outweighed the harm and that previous applications had been considered acceptable.  It would also provide money to improve the park and was a popular landmark feature.

Resolved (unanimously):

Approved subject to the following conditions:

1.            Prior to the grant of planning permission a ‘Conservation Mitigation Obligation to the sum of £30,000, secured through planning obligation, for pathway improvement works, and other works identified within the Princess Gardens Masterplan Update Report;

2.         Time limit

            The permission, allowing occupation of the site by the observation   wheel and ancillary development, shall be for a temporary period only        between the periods of March 2024 and October 2024 inclusive. The          observation wheel and ancillary development shall be removed before             1st November 2023 and following removal the gardens shall be        reinstated in accordance with details that shall have previously been          submitted to and agreed in writing with the Local Planning Authority.         The agreed scheme of reinstatement shall be implemented in full within 10 days following the removal of the development.

            Reason: The use of the site by the development is only acceptable on        a short term basis and more lengthy occupation would be harmful to        the setting of the listed buildings, to the character of the Registered            Gardens and the wider Torquay Harbour Conservation Area contrary to     Policies HE1 and SS10 of the Torbay Local Plan 2012-2030 and      Policies TT2 and TE2 of the Torquay Neighbourhood Plan.

3.         Hours

            The observation wheel and the associated ancillary catering facilities          shall only operate, and be lit, between the hours of 10.00 and 22.00          hours daily.

            Reason: To ensure that disturbance to residents who overlook the site        is minimised in accordance with Policy DE3 of the Torbay Local Plan 2012-2030.

4.         Lighting

            The development shall at all times accord with the approved lighting           scheme. The development shall only be lit during the approved         operational hours.

            Reason: To ensure that disturbance to residents who overlook the site        is minimised and to protect the wider visual character of the area, in       accordance with Policies DE1 and DE3 of the Torbay Local Plan 2012-     2030.

5.  ...  view the full minutes text for item 54.