The meeting of the South Hams Development Management Committee on 19 December 2024 is due to consider a variation of condition 2 of a previous planning consent at Little Shear in Hope Cove, a planning application for the alterations to an existing 'service building' at Salcombe Retreat in Malborough to create a first floor and roof terrace, the approval of reserved matters following outline approval for phase 3 of the development of Beacon Park in Dartington, and an application for a certificate of lawfulness at 16 Beckets Road in Kingsbridge.

Variation of condition 2 at Little Shear, Hope Cove

A report pack provided to attendees for the meeting recommends the conditional approval of the application to vary condition 2 (approved drawings) of planning consent 1079/20/FUL.

The application relates to a site where planning permission was previously granted for the demolition of a bungalow and construction of a pair of semi-detached 2-bedroom dwellings, which has since been partially constructed. An application to vary condition 2 to reflect the as-built development was previously refused by the council and dismissed on appeal.

The report pack states that the application has been objected to by South Huish Parish Council and nine members of the public.

The report pack describes the key issues for consideration as:

Design/Landscape, Neighbour Amenity, Ground stability, Primary residence

The report pack provides the following analysis of the planning history:

1.0 Planning permission was granted under 1079/20/FUL for the demolition of the existing bungalow and erection of 2no. 2-bed dwellings on the site, and associated works. The current application is made under Section 73 of the Town and Country Planning Act 1990 to vary a condition associated with this planning permission, as set out above.

and:

1.2 In determining an application under Section 73, the Local Planning Authority can only consider matters related to the condition/s that the application seeks to vary. The authority is not tasked to reconsider the principle of the development or other matters that were earlier agreed/approved.

and:

1.3 In this case, the earlier permission (1079/20/FUL) established the principle of redeveloping the site with two dwellings (one of which is subject to a primary residence condition).

The report pack suggests that the proposal addresses the reasons for the previous refusal of planning permission, stating:

In responding to these earlier decisions, the application now tabled thus seeks to reduce the scale and height (AOD) of the retaining walls to a reasonable height and remodel site levels beyond those immediately outside the dwellings. Whereas the original permission did not indicate any natural stone facing to retaining walls (to the sides), the application now tabled proposes the use of local natural stone to face all retaining walls evident in public views. The proposal also allows for hedging to the front garden area, and side boundaries on the battered slopes atop the retaining walls.

The report pack concludes with the following recommendation:

Overall officers are of the view that, subject to the conditions listed, the proposals comply with the policies of the development plan as a whole and a recommendation of approval is thus made.

Alterations to service building at Salcombe Retreat, Malborough

A report pack provided to attendees for the meeting recommends conditional approval of an application for the alterations to an existing 'service building' at Salcombe Retreat to create a first floor and roof terrace.

The key issues for consideration are:

Principle of development, design, impact on National Landscape, ecology

The report pack states that:

Malborough Parish Council strongly object to this application

and that:

1 objection has been received (from the National Trust)

The Parish Council objected on the following grounds:

The development would have a negative impact on the National Landscape (AONB). It would create noise, smell, increased waste, light pollution and would be highly visible due to the raising of the roof height.

The sewage system is insufficient for the site, this application would cause further issues with the terrible smell that regularly emanates from the area. Furthermore, the electricity supply will not cope with the additional requirement and the water supply to the area is restricted.

There is no requirement for a club or veranda, the lodges already have verandas, the impact of the proposals would be negative and far reaching. This proposal further adds to the overdevelopment of the site.

The National Trust objected on the following grounds:

• Impact on character and appearance of the National Landscape • Impact on protected species and their habitats

The report pack states that the site is within the Undeveloped Coast Policy Area. The report pack provides the following analysis:

As can be seen from the planning history section above the site is well-established as a holiday park. The current proposal is for alterations to an existing building within the park, and does not seek to increase the site area of the park. It is considered that the proposal would not conflict with the overriding spatial aims of the JLP, and reasonably requires a coastal location and cannot be located outside the Undeveloped Coast.

The report pack concludes that the application should be approved:

For the reasons detailed above the application is considered to accord with the relevant policies of the development plan when taken as a whole and associated local and national guidance. Other material considerations do not indicate that the direction of the plan should not be followed, and the application is therefore recommended for approval.

Reserved matters at Beacon Park, Dartington

The report pack recommends conditional approval of a reserved matters application following outline approval 3631/17/OPA for phase 3 of the development of Beacon Park in Dartington, comprising provision of 9 business units, landscaping, drainage, access roads & car parking.

Dartington Parish Council objected to the application, raising the following concerns:

The traffic implications are important: the site generates significant amounts of traffic and huge lorries enter the site from the A385 in both directions and there is limited turning space which impact the highway. There is concern that Wrenford Lane will be a rat run which impacts its ability to function as a part of the green travel plan. Measures to prevent this should include traffic calming measures such as speed humps. The Transport Plan is not conditioned and the Green Travel Plan only relates to employees which renders both ineffective. There is an incremental increase on development of the site from the original OPA and the traffic implications will impact the AQMA¹ on the A385 which runs through the village.

Landscape and environmental concerns: The overdevelopment affects the landscape and environment. The increased hard standing means there is potential for polluted water run off into watercourses. The S106 agreement on landscaping should at least align with the OPA and the need is for landscaping to be increased not reduced. Buildings are too close to the boundary on the northern edge and the site's impact on development in the area should be properly considered.

One member of the public also objected to the application, arguing that:

this is materially in excess of the Outline Consent and could invalidate the Environmental Impact Statement

The report pack describes the site as:

an existing industrial park which comprises a mix of employment

and notes that:

The land at Beacon Park comprises 6 hectares with the outline application covering 4.39 hectares of open grassland to the east of the existing buildings

and that:

The western portion of the site has already been developed

The report pack states that:

This application seeks the approval of reserved matters (appearance, landscape, layout and scale) for the provision of 9 employment units, and associated works

and that:

The units are designed as simple rectangular blocks with structural bays of varying mass. Units 1 to 6 will have olive green panels with vertical embossed planks, while Units 7, 8, and 9 will be clad in dark grey plank material. Brick panels support the plank panels at the base. The roof will feature a dark grey box profile sheet, with low profile glazing above the shutter doors and PV panels above the main entrance.

The report pack describes the site as being within:

the 4KM buffer for the South Hams SAC² Greater Horseshoe Bat Sustenance Zone

The report pack states that:

Bat activity surveys in 2023 have confirmed use of the site boundaries by greater horseshoe bats, with higher levels along the woodland edge to the south.

and that:

The existing pond was surveyed in 2023 using eDNA, which found no evidence of great crested newts. A process of reptile ‘displacement’ is set out in the Ecology Report, which should be conditioned.

The report pack concludes that:

When assessed against the development plan as a whole, Officers consider the proposed development accord with its provisions, and therefore the application carries a recommendation of conditional approval.

Certificate of lawfulness at 16 Beckets Road, Kingsbridge

A report pack provided to attendees for the meeting recommends that the committee issues a certificate of lawfulness for an extension at 16 Beckets Road in Kingsbridge.

The report pack describes the development as:

a foundation trench for the approved extension

The report pack notes that:

The application is referred to committee in the interests of transparency as the applicant is a member of the planning team.

The report pack summarises the relevant legislation as follows:

Section 191 (4) of the Town and Country Planning Act 1990 as amended (the Act) indicates that if, on an application under this section, the local planning authority are provided with information satisfying them of the lawfulness at the time of the application of the use, operations or other matters described in the application, they shall issue a certificate to that effect. In any other case they shall refuse the application.

The report pack states that the application should be granted, because:

Framed thus the applicant’s evidence satisfactorily demonstrates that work was lawfully carried out to implement the permission within 3 years.

The report pack concludes with the following recommendation:

Accordingly a certificate of lawfulness to confirm that the proposed erection of the extension can proceed should be issued.

Appeals update

The report pack titled Planning Appeals Update lists the planning appeals that were decided during the period between 26 October and 10 December 2024. The appeals update states that appeals lodged by:

• Mrs Georgina Burns for works to a Beech tree at Wits End on The Promenade in Kingsbridge
• St Austell Brewery for a new shepherds hut/shack at The Crabshell Inn on Embankment Road in Kingsbridge
• Mr James Brent - The James Brent Pension Fund for the demolition of two buildings at 101 Yealm Road in Newton Ferrers
• Mr & Mrs S McCready for an extension to an existing holiday park at Briar Hill Farm on Court Road in Newton Ferrers
• Mr S Hallett for the erection of an agricultural building at Back Road in Moreleigh
• Mr Peter Sutton for the demolition and replacement of a house at Whitestone Farmhouse in Cornworthy

were dismissed during the period.

Update on undetermined major applications

The report pack titled Update on Undetermined Major Applications lists the major planning applications that are currently undetermined. The update states that applications for:

• Land at SX 5515 5220 adjacent to Venn Farm, Daisy Park in Brixton
• Land opposite Butts Park on Parsonage Road in Newton Ferrers
• Noss Marina on Bridge Road in Kingswear
• Land off Godwell Lane in Ivybridge
• Land off Towerfield Drive in Woolwell
• Land at Woolwell
• Dennings on Wallingford Road in Kingsbridge
• Land South of Dartmouth Road at SX 771 485 in East Allington
• Land at Littlehempston Water Treatment Works on Hampstead Farm Lane in Littlehempston
• Ash Tree Farm in Ash
• Baltic Wharf Boatyard on St Peters Quay in Totnes
• Langage Energy Park on Kingsway in Plympton
• Land At Sx 490 624 on Broadley Park Road in Roborough
• Proposed Development At Sx 6481 5631 in Ivybridge
• Land at SX 745 479 on Torr Quarry Industrial Estate in East Allington
• Hillhead Caravan Club in Hillhead
• Land At Sx 569 564 on Holland Road in Plympton
• Land at SX 647 562 in Ivybridge
• Land At Sx 534 496 in Wembury
• 4 & 5 Tor Hill Terrace on Ipplepen Road in Marldon
• Land at Sx 571 564 on Holland Road in Plympton
• Galmpton Touring Park on Greenway Road in Galmpton
• 1 Alston Gate in Malborough
• Sherford Housing Development Site in Brixton
• Avon Centre on Wallingford Road in Kingsbridge
• Field To Rear Of 15 Green Park Way on Port Lane in Chillington

are still under consideration by the council.