The West Devon Development Management and Licensing Committee met to discuss planning applications, tree preservation orders and updates on planning appeals and major applications. The committee voted to refuse applications for a variation of planning consent in Lifton and a householder application for an extension in Broadwoodkelly. Councillors voted to make a Tree Preservation Order in Tavistock permanent.

Planning Application: Land Adjacent To Baldwin Drive Radford Way Okehampton

The committee considered an outline planning application for a mix of residential housing and associated infrastructure, including affordable housing, on land adjacent to Baldwin Drive Radford Way in Okehampton.

Councillor Tony Leech had called the application to the committee because of concerns about the lack of affordable housing, the absence of contributions for education, public transport and playing pitches, the cumulative impact on residents of Baldwin Drive, and privacy and overbearing issues.

The planning officer's report recommended conditional approval subject to the completion of a legal agreement to secure:

• the on-site provision of 2 x 1-bed social rented flats
• the submission of a section 38/278 agreement¹ to Devon County Council prior to the commencement of development
• completion of a footway to one side of Kellands Lane and opening of Kellands Lane to through traffic on foot/cycle before the occupation of any dwellings on the application site
• completion of the carriageway on Kellands Lane and opening of Kellands Lane to vehicular/all traffic prior to the occupation of the 15th dwelling on the application site
• inclusion of a footway link onto Kellands Lane from the proposed estate in the application for reserved matters consent
• maintenance and management in perpetuity of the public open space/landscaping and sustainable drainage systems (SuDS)² provided on site

The key issues for consideration were:

• policy background
• principle and sustainability
• highways
• housing need/mix
• design
• residential amenity
• flood risk and drainage
• ecology and biodiversity
• climate change and carbon reduction measures
• ground contamination
• infrastructure requirements
• viability

The site is within the town of Okehampton and is enclosed by modern residential developments. It comprises 1.7 hectares of land, principally agricultural land. The north-east corner of the site includes a section of Kellands Lane.

The application seeks outline planning permission for a mix of residential housing and associated infrastructure, to include affordable housing. Access is the only matter of detail tabled for consideration. The details show vehicular and pedestrian access being gained to the site via the extension of Radford Way. The application is accompanied by an illustrative sketch layout/masterplan which shows 60 dwellings arranged around a circular estate road.

The application is also accompanied by draft Heads of Terms offering:

• 30% affordable housing provision onsite
• a positive obligation that the section of road at Kellands Lane will be constructed to the boundary and made open to the general public before the occupation of the 15th open market unit

Okehampton Hamlets Parish Council and Okehampton Town Council objected to the proposal.

A total of 13 letters of representation had been received objecting to the proposal, with one letter of representation supporting it.

The planning officer's report noted that the National Planning Policy Framework (NPPF) was published on 12 December 2024 with the clear aim of increasing housing delivery nationally. As a consequence, the report stated that the Plymouth and South West Devon Joint Local Plan Authorities can no longer demonstrate a 5-year supply of housing land, and paragraph 11(d) of the NPPF applies, meaning that decision-makers should be disposed to grant planning permission unless the presumption in favour of sustainable development can be displaced.

The report stated that the combined authorities are able to demonstrate a 2.53 year housing land supply.

The report concluded that the proposed residential development of the site constitutes a sustainable and in principle appropriate use of the site, consistent with the settlement hierarchy set out in the Joint Local Plan, and policies SPT1, SPT2 and TTV1 therein.

The report noted that the application is accompanied by a Financial Viability Assessment (FVA) which sets out that the development would not be able to support section 106³ contributions beyond the provision of 30% affordable housing. However, the LPA's advisor reviewed the applicant's FVA and concluded that the viability of the development was even more marginal than even the applicant's FVA had concluded, and indicated that the development would not be viable with an affordable housing contribution. Further discussions have been undertaken with the applicant since the receipt of this report, and the affordable housing offer has been amended to 2 x 1-bed flats for social rent.

The report also considered the impact of the development on highways, design, residential amenity, flood risk and drainage, ecology and biodiversity, climate change and carbon reduction measures, ground contamination and infrastructure requirements.

The planning officer's report concluded that the application offered a mix of economic, social and environmental benefits and, mindful of paragraph 11 of the NPPF and the presumption in favour of sustainable development, it was considered that the benefits of granting planning permission outweigh any adverse impacts. It was thus recommended that planning permission be granted subject to conditions and the completion of a legal agreement to secure the obligations set out above.

Application Number: 0750/25/VAR Land at SX 376 850, Lifton

The committee voted to refuse an application for variation of condition 1 (Approved Plans), condition 10 (BNG), condition 12 (LEMP), condition 13 (PEA), condition 14 (lighting) and condition 17 (landscaping) of planning consent 3342/24/ARM to include external lighting changes at Land at SX 376 850, Lifton.

The key issues for consideration were:

• Site benefits from extant consent for a dwelling under 3342/24/ARM for 170 square metres of residential and 50 square metres of farm related floor space
• Applicant now proposes 216 square metres of residential and 60 square metres of farm related floor space
• No further evidence of an increased or alternative agricultural need, for example, a change in farming methods, has been produced justifying the increased quantum of farm related and residential floor space now proposed, over and above that previously approved and as such the development exceeds that which justifies an essential agricultural need in this specific location and is unlikely to remain affordable for an agricultural farm worker in perpetuity, contrary to policies SPT1, SPT2, TTV1, TTV2, TTV26 and DEV15 of the Plymouth and South West Devon Joint Local Plan 2014-2034.

The agent for the applicant spoke to state that, although the proposals would result in a slight increase in floor space, there would be no policy changes from the previously approved application in February 2025. The occupation of the dwelling would not be restricted to an agricultural worker. It included a farm manager, manager of Strawberry Fields farm shop business and the manager of Wooladon Cottages. West Devon Borough Council did not have any policy guide on size of this type of dwelling nor did it need to be affordable for a farm worker in perpetuity. A planning appeal had recently (in 2024) been allowed on a similar type of dwelling in Beaworthy. In making his decision, the Planning Inspector had concluded that a dwelling with 264sqm was not excessively large.

Lifton Parish Council had acknowledged that there had been no local objections raised to the application.

The local ward member spoke to say that the application sought only a modest increase in size to the current scheme and outlined the recent planning appeal decision at Beaworthy which was allowed on the basis that no floor size cap existed within the Joint Local Plan.

The Head of Development Management reminded the Committee that each planning application had to be determined on its own merit. A member said that they did not know the finer details of the appeal decision that had been referred to by the agent and the local ward Member so did not feel in a position to consider it. In basing their decision on the planning application in front of them, the Member informed that they would be supporting the officer recommendation of refusal.

Tree Preservation Order (TPO) 1114 New Road Cemetery, Plymouth Road, Tavistock

The committee voted to confirm a Tree Preservation Order (TPO) at New Road Cemetery, Plymouth Road, Tavistock, modifying a naming error to New Cemetery, Plymouth Road, Tavistock.

The key issues for consideration were:

• The fall of seasonal tree debris was an ordinary element of living amongst nature and associated property maintenance, not adversely affecting the reasonable enjoyment of the property and its gardens
• If left unprotected (by non-confirmation of the TPO) then it would be protected by Conservation Area Regulations where standards of work could not be controlled and time limited notices to fell would again be potentially received
• The loss or inappropriate works to T1 would be harmful to the varied amenities of the area as currently contributed, which would increase as T1 matured, amplified by its species suitability to the setting of the Listed Buildings of the wider cemetery and the sense of enclosure and tranquillity it fostered.

An objector stated that he had invited the Committee to his property to view the tree from within his boundary. The Chairman stated that he and others had viewed the tree. The Tree Officer confirmed that the tree work application had been dealt with at the last Committee Meeting, with agreement being given to the lesser works. The TPO only lasted for a six-month period.

Application Number: 0866/25/HHO Whey Barn, Broadwoodkelly EX19 8AU

The committee voted to refuse a householder application for an extension to dwelling to form additional living space and associated works at Whey Barn, Broadwoodkelly EX19 8AU.

The key issues for consideration were:

• The extension represented an increase in floorspace of over 50% and did not provide a significant uplift in design – failing to meet JLP policy TTV29.5
• The proposed extension was positioned to the north elevation, which was most prominent on entering the site and rivalled the primacy of the original barn
• The extension introduced a new main entrance to the barn, overly domesticated the structure and compromised the heritage value of the Non-Designated Heritage Asset (NDHA)⁴
• The benefit of the application was private; there was no public benefit to outweigh the presumption against an application that did not conform to the Development Plan and caused harm to an NHDA
• Any planning permission would go with the barn and not the applicants

The planning officer summarised the proposals stating that Whey Barn had been assessed as a 'Non-Designated Heritage Asset' (NDHA). The conversion largely maintained the existing built form of the barn, with a few additional openings and no extensions. Extensions were not a feature of the barn prior to conversion. Permission to convert conditioned the removal of Permitted Development rights to preserve the character of the structure. The barn continued to display features that were key to its understanding and heritage value. The buttress to the north elevation, the threshing door to the east of the elevation, modest openings, an uncluttered exterior and an interior characterised by a large open plan space.

The applicant stated that after two pre-application proposals were met with objections, the scheme had been redesigned. The Council's Barn Guide was used which described how important these buildings were and how character could be preserved. The extension was considered to be modest in size and would use traditional material and there had been no objections raised by the Council's Heritage Officer.

Broadwoodkelly Parish Council supported the application and did not want to see it refused. It was felt that it would not cause harm to the surrounding area. Advice sought from a heritage consultant had claimed that, had the applicant not secured planning permission for the extension in the first instance, then the building would have been lost to general deterioration and weathering. There were no letters of objection received and to the contrary 5 letters had been received in support of the application.

The Planning Officer responded to a Member question to state that they had not received comments from the Parish Council during the consultation period.

The local ward member felt that the proposed extension had been sympathetically designed even to the extent of having the buttress added to the new build. Although there were guidelines to planning, some applications (including this one) were not clear cut. Finally, the Member felt that young families should be supported in being able to adapt their homes to suit their own needs.

The Head of Development Management reminded Members that they must consider applications in accordance with the Joint Local Plan and explained the process for determining a barn to be a NDHA through the Supplementary Planning Document.

Planning Appeals Update

The Head of Development Management presented the planning appeals update.

Reference was made to the following planning appeals:

• 0845/24/PDM Land at SX 480 957, Moorside Farm, Broadbury – Appeal dismissed
• 3387/34/HHO The Crest, Portgate, Lewdown Appeal dismissed
• 2561/24/PDM Staddon House, North Tawton Appeal allowed
• 1988/24/PDM Barn at SX612 976 Sampford Courtenay Appeal allowed
• 0522/24/FUL Land to rear of Abbeyspring, Down Park Drive, Tavistock – Appeal dismissed

A member asked for analytical data to be produced for those appeals that have been overturned.

The committee noted the contents of the update.

Update on Undetermined Major Applications

The Head of Development Management presented the update on the Undetermined Major Applications.

The committee noted the contents of the update.