Decision Maker: Planning Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: July 22, 2025

Purpose:

Content: RESOLVED   Planning permission be granted subject to the following conditions:   Enabling Works Definition: For the purposes of the interpreting pre-commencement planning conditions, "enabling works" shall mean non-intrusive or preparatory activities that are necessary to facilitate the lawful implementation of the development but do not constitute the commencement of development. These works may include site access works, ecological survey and mitigation works (including works required under a European Protected Species licence), archaeological investigations, the installation of tree protection measures, and the erection of site hoardings or temporary fencing. Enabling works do not include excavation (other than for archaeological or ecological purposes), groundworks, vegetation removal, construction of permanent buildings or infrastructure, or other operations that would normally constitute material commencement under Section 56 of the Town and Country Planning Act 1990.   1.     Time Limit   The development hereby permitted must be begun not later than the expiration of three years from the date on which this permission is granted.   REASON: In accordance with Section 91 of the Town & Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.   2.       Approved Plans   The development hereby permitted shall be carried out in accordance with the following approved plans:   See plans table in Committee Report   And also including the following plans:   Proposed Link Road Profiles E06328 – PL – 221C General Arrangement – E06328 – PL 308F Proposed A383 & Link Road Section – E06328 – PL 325B   Proposed Link Road Profile – E06328 – PL – 327B A383 & Link Road Contours – E06328 – PL – 418D A383 & Link Road Site Plan – E06328 – PL – 431D     REASON: In order to ensure compliance with the approved drawings.   3.       Boundary Treatment   Before preparation of ground levels for each phase of the development hereby approved takes place, details of the boundary treatment to the highway for that phase shall have been submitted to and approved in writing by the Local Planning Authority.   REASON: In the interests of the visual amenity of the area and to retain the rural character of the site   4.       Flood Storage Compensation   The development shall be carried out in accordance with drawing no. 2506 Rev.   P01 Compensation Works dated May 2025 and the FRA & DS dated 6th December 2023 (Clarkbond, ref. E06328). The compensation works shall be fully implemented prior to the completion of phase 1 and maintained over the lifetime of the development.   REASON: To prevent flooding elsewhere by ensuring that compensatory storage of floodwater is provided.   5.       Contaminated Land   If during development, contamination not previous identified is found to be present at the site then no further development (unless otherwise) agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted to, and obtained written approval from the Local Planning Authority for an investigation and risk assessment and, where necessary, a remediation strategy and verification plan detailing how this unsuspected contamination shall be dealt with. Development shall not thereafter proceed unless in strict accordance with the measures identified in the approved remediation strategy and verification plan. Prior to occupation of any part of the permitted development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the Local Planning Authority.   REASON: To ensure that an appropriate record is made of archaeological evidence that may be affected by the development.   6.       Written Scheme of Investigation           No development shall take place (except enabling works) until the developer has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation (WSI) which has been submitted to and approved in wring by the Local Planning Authority. The development shall be carried out at all times in accordance with the approved scheme as agreed in wring by the Local Planning Authority.   REASON: To ensure that an appropriate record is made of archaeological evidence that may be affected by the development.   PRE-COMMENCEMENT REASON: To ensure archaeological remains are identified, recorded, and protected where necessary, as groundworks could otherwise disturb or destroy evidence irretrievably.   7.       Written Scheme of Investigation Results        The development shall not be brought in to use until (i) the post investigation assessment has been completed in accordance with the approved Written Scheme of Investigation and (ii) that the provision made for analysis, publication and dissemination of results, and archive deposition, has been confirmed in wring to, and approved by, the Local Planning Authority.   REASON: To ensure that an appropriate record is made of archaeological evidence that may be affected by the development.   8.       Drainage Details   No development hereby permitted shall commence (except enabling works) until the following information has been submitted to and approved in writing by the Local Planning Authority:   (a)  A detailed drainage design based upon the approved Flood Risk Assessment and Drainage Strategy. (b)  Detailed proposals for the management of surface water and silt runoff from the site during construction of the development hereby permitted. (c)  Proposals for the adoption and maintenance of the permanent surface water drainage system. (d)  A plan indicating how exceedance flows will be safely managed at the site.       No building hereby permitted shall be occupied until the works have been approved and implemented in accordance with the details under (a) - (d) above.   REASON: The above conditions are required to ensure the proposed surface water drainage system will operate effectively and will not cause an increase in flood risk either on the site, adjacent land or downstream in line with SuDS for Devon Guidance (2017) and national policies, including NPPF and PPG.   PRE-COMMENCEMENT CONDITION: The conditions should be pre-commencement since it is essential that the proposed surface water drainage system is shown to be feasible before works begin to avoid redesign / unnecessary delays during construction when site layout is fixed.   9.       Watercourse Monitoring   Prior to any commencement of any phase of the development (except enabling works), details to confirm how monitoring of surrounding watercourses will be carried out shall be submitted to and approved in writing by the Local Planning Authority. Whilst this condition can be phased, the monitoring of watercourses will need to continue if further phases commence (and the watercourse is relevant to be monitored). The development shall be carried out in accordance with the approved details   REASON: To ensure impacted watercourses are sufficiently monitored and managed from the outset.   PRE-COMMENCEMENT REASON: This condition must be discharged before the commencement of each relevant phase (except enabling works) because the monitoring of surrounding watercourses may need to begin in advance of construction activities to establish baseline conditions.   10.           Phasing   The development hereby approved shall be carried out in accordance with the submitted Illustrative Phasing Plan (Ref: 27412 9506 Rev G), unless otherwise agreed in writing with the Local Planning Authority.   REASON: To ensure suitable phasing of the development   PRE-COMMENCEMENT REASON: To ensure the development is properly phased from the outset, coordinating construction sequencing and infrastructure delivery.   11.           Construction Management Plan   No development shall be carried out (excluding enabling works) unless a Construction Management Plan has been first submitted to and approved in writing by the Local Planning Authority.  The Construction Management Plan shall specify details of: ·         the hours of demolition/construction works (including hours of site deliveries, parking of vehicles of site operatives and visitors); ·         loading and unloading of plant and machinery; ·         facilities for the storage of plant, machinery and materials used in the construction of the development; ·         the erection and maintenance of security hoardings; ·         wheel washing facilities; ·         measures to control the emission of dust and dirt during construction; ·         a scheme for the recycling/disposal of waste resulting from the [construction works] The development shall not be carried out unless in strict accordance with the approved details.   REASON:  In the interests of local amenity.    PRE-COMMENCEMENT REASON: Construction management details need to be agreed prior to works commencing as matters require oversight from that time.   13.     Construction Ecological Management Plan   No development shall take place (except enabling works) until a construction environmental management plan (CEMP: Biodiversity) has been submitted to and approved in writing by the Local Planning Authority. The CEMP (Biodiversity) shall include the following   1.      Risk assessment of potentially damaging construction activities 2.      Identification of “biodiversity protection zones” 3.      Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements) 4.      The location and timing of sensitive works to avoid harm to biodiversity features 5.      The times during construction when specialist ecologists need to be present on-site to oversee works. 6.      Responsible persons and lines of communication 7.      The role and responsibilities on site of an ecological clerk of works (ECoW) or similarly competent person 8.      Use of protective fences, exclusion barriers and warning signs   The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details   REASON: To ensure that biodiversity is adequately protected during the construction phase.   PRE-COMMENCEMENT REASON:  To ensure that biodiversity is adequately protected during the construction phase, including habitats and species of principal importance, and to prevent significant ecological harm.    14.     Street Furniture   No street furniture shall be installed until a photographic schedule has been submitted to and approved in writing by the Local Planning Authority. This shall include:   ·     Manufacturer’s product images and details; ·     Dimensions, materials, finishes, and colour options; ·     Installation locations referenced to the approved landscape layout; ·     Evidence of compliance with applicable safety standards (e.g. BS EN 1176).   REASON: To ensure high-quality, safe and appropriate public realm infrastructure.   15.     Hedgerow and Hedgebank Strategy   No development shall commence (except enabling works) until a Hedgerow and Hedgebank Strategy has been submitted and approved by the Local Planning Authority. The strategy shall include:   ·         A 1:500 plan showing all existing hedgerows/hedgebanks and their proposed treatment (retain, remove, realign), with justification; ·         Protection measures during construction (BS5837 compliant); ·         Cross-sections and specifications for any translocated or new hedgebanks; ·         Hedgebank construction (including transitions and ends); ·         A delivery and 5-year establishment schedule.   REASON: To protect and enhance traditional landscape features and ensure continuity of local green infrastructure.   PRE-COMMENCMENT REASON: To ensure commencement does not prevent the site from delivering a high quality landscaping proposal and harm existing hedgerows.   16.     SuDS and Landscape Integration   No development shall commence (except enabling works) until a SuDS Landscape Integration Scheme has been submitted and approved by the Local Planning Authority.   The scheme shall include:   Drawings and Technical Details: ·         SuDS layout at 1:500 scale showing attenuation basins, swales and other components in relation to landscape and access; ·         Cross-sections, levels, and construction details for inlets/outlets (e.g. Drawing E06328); ·         Overlays showing utilities and highway coordination. ·         Planting and Maintenance: ·         Wetland planting specifications including native species, planting densities and schedules; ·         Integration with public open space and landscape corridors; ·         30-year SuDS management and maintenance plan with monitoring and responsibilities.   The scheme shall be designed in accordance with CIRIA SuDS Manual C753 and implemented in full prior to occupation of each phase.   REASON: To secure effective and multifunctional surface water management infrastructure that complements the landscape and supports biodiversity.   PRE-COMMENCMENT REASON: To ensure commencement does not prevent the site from delivering a high quality landscaping proposal.   17.     Arboricultural Protection   No development shall commence (except enabling works) until an Arboricultural Method Statement and Tree Protection Plan (BS5837:2012 compliant) has been submitted and approved by the Local Planning Authority. These shall include: ·     Protection fencing locations (installed prior to any site clearance); ·     No-dig construction in root protection areas; ·     Monitoring and supervision arrangements by a qualified arboriculturist.   REASON: To ensure retained trees are protected throughout the development process.   PRE-COMMENCMENT REASON: To ensure commencement does not harm existing trees   18.     Lighting Strategy   No development shall commence (except enabling works) until a lighting strategy is submitted to and approved in writing by the Local Planning Authority. Any lighting within public area areas shall be:   ·         Designed to minimise spill into adjacent wildlife corridors; ·         Sensitive to local landscape character; ·         Dark-sky compliant where possible. ·         The approved lighting strategy   REASON: To protect landscape and ecological value, amenity, and rural character.   PRE-COMMENCMENT REASON: To ensure commencement does not unduly harm wildlife present on the site   19. Howton Fields Access   No development shall commence (except enabling works) until a detailed plan and specification for the design and construction of the section of road necessary to provide permanent, safe, and suitable access to Howton Fields has been submitted to and approved by the Local Planning Authority.   No part of Howton Road shall be stopped up or closed until the approved section of road have been fully constructed, completed to an adoptable standard and made fully operational and available for use to the satisfaction of the Local Planning Authority.   The new junction and section of road shall provide safe, permanent, and uninterrupted access to Howton Fields at all times thereafter.   REASON: To ensure that appropriate highway infrastructure is designed, secured, and delivered in advance of the stopping up of Howton Road, in order to maintain safe and suitable access to Howton Fields and to safeguard highway safety       INFORMATIVES: 1.               Regulation 26 and 29 EIA Regulations 2017 - In determining this planning application, the Local Planning Authority has taken into consideration the Environmental Statement submitted with the planning application, the further information sought from the developer and all of the consultation responses and representations received. It is concluded that the proposed development is unlikely to have a significant effect on the environment due to the scale and nature of the development proposed. Where there is likely to be an adverse effect on the environment conditions have been imposed to avoid, prevent, reduce and offset such effects and secure mitigation measures where necessary.   2.               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. This development is subject to a Section 106 agreement dated 30th September 2019. The agreement can be viewed at www.teignbridge.gov.uk/planningonline   3.               Whilst development is liable to make contributions under the Community Infrastructure Levy regulations to provide essential local facilities to support development in the District, no contributions are payable as the Teignbridge CIL Schedule gives this type of development a zero rate.