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 secure the necessary mechanism to deliver site acceptability mitigation regarding ecology, acceptable levels of affordable housing, and sustainable development obligations regarding Public Open Space, Sport and Recreation, Sustainable Transport, Education. Lifelong Learning, Waste and Recycling, and Health contributions, together with the provisions for the maintenance of the public open space, play areas, public access routes, and transport plan monitoring obligations, contrary to Policies SS7, SS8, SS9, H2 of the Torbay Local Plan 2012-2030 and the adopted Planning Contribution and Affordable Housing SPD.

4.            The proposal by nature of its scale and location would prejudge strategic decisions about the local need for housing in the Brixham peninsula, and the cost and scope for developing outside the designated area or meeting need in some other way, to a degree that would prejudice the outcome of the plan-making process.  It thereby fails to meet the criteria set out in Paragraphs 50 and 183 of the NPPF.

(Note: Prior to consideration of the item in Minute 54, Councillor Billings declared a non-pecuniary interest as previous Vice Chair in relation to the neighbourhood plan which included an area relating to this application).