The appeal against the listing of Bay View cafe as an Asset of Community Value has been rejected. Full details of the proceedings and the decision are available here:- Review of Listing on the Community Assets Register 111217[2]
Posts tagged planning applications
ROYAL OAK PUB CAR PARK – 4 NEW HOUSES APPROVED BUT WILL THE PUB RE-OPEN?
Extracts from the Planning Officer’s report on the latest stage in developing this site (app. no. 2655/17/VAR) are included below.
Site Address: Royal Oak, Road From St Anns Chapel Cross, Bigbury, TQ7 4AP
Development: Variation of condition no.2 of planning consent 05/2313/14/F to allow redevelopment
of land to allow construction of 4 no. dwellings with associated parking and
amenity space.
Recommendation: Conditional Approval
Conditions:
Time limit for commencement – S73
In accordance with plans
Materials
Landscaping
Permitted development restrictions
Construction Management Plan
Spaces to be retained for public house
Details of foul and surface water drainage
Key issues for consideration:
Whether the proposed amendment to the approved scheme is acceptable
Site Description:
The application site comprises of land to the south of the Royal Oak public house, which is
currently closed. The land originally formed part of the car park for the pub, and is itself
located on the eastern side of the B3392. The site is bounded by residential properties to the
north and south, and established hedgerows and agricultural land to the east.
The Proposal:
This application is for the redevelopment of part of the former pub car-park with the erection
of four dwellings with associated car parking and amenity space.
Consultations:
County Highways Authority: No highways implications
Environmental Health Section: None received
Bigbury Parish Council: Objection, see casefile for full response
Landscape officer: No objection to modest height increase
Representations:
Representations from Residents
Comments have been received and cover the following points:
Increase in height resulting in harm to living conditions of adjacent occupiers
Development more prominent in wider views
Land was artificially raised
Increased light pollution
Relevant Planning History
05/2313/14/F – Re-development of land to allow construction of 4no. dwellings with
associated parking and amenity space – Approved
ANALYSIS
Permission was given for the development in 2014, this application seeks to vary the
approved plans by building the dwellings on the existing ground level rather than excavating
and sinking the dwellings down on the site.
It is considered that the increase in height of 870mm does not result in harm to the
conservation area, views in and out of the site or the wider landscape and does not result in
significant additional overlooking to adjacent occupiers.
Principle of Development/Sustainability:
This application site is located within a village location, but is located outside of any
defined settlement boundary, and is therefore designated as a countryside location.
The applicants have made the argument that the development of the site with four
dwellings would provide the necessary capital to ensure that the pub would be reopened.
It has been stated by the applicant that the public house, which closed in
November 2013 was not receiving sufficient trade to be a viable business, and that the
pressures of the recession, the smoking ban and the rural location of the pub were
factors in seeing a reduced trade. The applicants make the case that local trade is
more likely to be able to sustain a smaller pub, based around the wet trade with a
simple food offering. The point is made that the applicant would most likely seek to let
the pub out to a third party to run.
Although comments have been made to the contrary by objectors, it is stated that
even when previously open the car park of the pub was never fully utilised, and that a
smaller-scale pub would give rise to less demand for use of the car park, based on the
fact that the focus and catchment area for the pub would be local custom, for those
who can walk to the pub. The point is made that to enable the business to justify the
costs of repairs to the pub and the marketing to secure a tenant, return from the site is
required. Essentially this development would enable the re-opening of the pub.
A further point put forward by the applicant is that the Council (citing appeal decisions)
fails to demonstrate a deliverable five year housing land supply and that the
development of this site would give rise to a social benefit through the re-opening of
the public house, and that the development is on previously developed land (being
part of the pub car park). The assertion is also made that the village has a shop, and
although public transport opportunities are limited, there exists the ability to reduce
reliance on the private car.
The issues put forward concerning the need to raise funds to re-open the pub are
noted and understood, but it is not considered that it would be reasonable to issue any
permissions solely upon the basis of the development being acceptable only if the pub
were to re-open.Whilst a legal agreement could be put into place to see the pub reopened
within a defined timescale, it is not considered that this would be reasonable
since it is not an asset of community value, nor is there at present any specific
framework or mechanism offered to secure the re-opening of the pub.
The Planning Balance:
The re-opening of the pub however can be looked at as part of the planning balance of
circumstances in that the re-opening would provide direct and indirect employment,
would provide a local facility for existing and new residents of the village, and the
construction of new dwellings would expand housing supply. The site makes use of
previously developed land (the pub car park) and looking at the issue of re-opening
the pub amongst the circumstances and considerations with the application, it is
considered that there is a distinct balance.
In terms of principle, it is acknowledged that the site is within a rural location, however
it is considered that the situation that is put forward by the applicant in terms of the
relative sustainability of the village is acceptable, and the proposal itself will be sited in
a manner that is largely contained within the existing village envelope. Paragraph 55
of the NPPF advises that housing for rural areas be located where it will enhance or
maintain the vitality of rural communities and it is considered that the array of
circumstances put forward with this application complies with this. Given the position
of the application site, and given the intention to re-open the pub, it is considered that
in principle the application is acceptable, subject to compliance with all other
remaining development control criteria.
Celebrations in Challaborough! Waves Edge planning appeal rejected, AONB protected.
The residents of Challaborough have fought long & hard to squash an application to re-build a big house at Waves Edge on the sea front, adjacent to the coastal path – second house down as you walk from Bigbury-on-Sea. The original application was taken to South Hams DC’s Development Management Committee and rejected. Now the developer’s appeal to the Inspector to overturn this decision has been dismissed – with no costs awarded.
The Inspector concluded:- ‘The adverse effects of the development are sufficient to mean that it would fail to conserve the landscape and scenic beauty of the AONB and that it would conflict with the development plan when taken as a whole. No matters have been found to outweigh this conflict. For the reasons given above I conclude that the appeal should be dismissed.’
The full appeal decision is available here:- APPEAL DECISION – 3176134
AGENDA for Bigbury Parish Council meeting on 8th November 2017
Agenda – Meeting November 8th 2017 – Bigbury Parish Council
- A monthly meeting of Bigbury Parish Council will be held in the Memorial Hall, St Ann’s Chapel on WEDNESDAY 8th November at 7.30 p.m.
- The agenda is as follows:Apologies for Absence
- Approval of the minutes of the Parish Council meeting held on October 11th 2017
- Matters arising from minutes of previous meeting held on October 11th 2017
- Devon Air Ambulance night landing site – Mr Toby Russell
- Open session (members of the public are welcome to participate during this agenda item and may submit their views on any planning matter on agenda point 8)
- County Councillor’s report
- District Councillor’s report
- Planning applications and related matters:
- 3516/17/VAR Royal Oak site, Bigbury TQ7 4AP – variation of condition number 2 following grant of planning permission 05/2313/14/F to allow changes to approved plans. Reponses by 17.11.17.
- 1667/17/FUL – Merrylees – revised plan for demolition of existing dwelling and replacing with a new dwelling.
- 3029/17/HHO – Dolphin House, Folly Hill, Bigbury-on-sea – Boundary wall alterations to form opening for new access gate.
- Appeal start notification Site at SX663 471 – St Ann’s Chapel Bigbury TQ7 4AP (Proposed site allocation).
- 3368/17/FUL – Bigbury Court Farm Buildings Bigbury TQ7 4AP – Up-date grain store by adding and extra bay to that existing. Raise and replace the current roof and add a small building next to the grain store to house the grain dryer. Responses 23.11.17
- Neighbourhood Plan
- Bigbury News – update on change of Editor and the future of Bigbury News
- Footpath and Tree Warden’s update
- Finance: Approval of payments to be made and presentation of finance statement
- Casual vacancy for Parish Councillor – update
- Proposal for discussion: Provision by BPC of so-called “Hi-Viz” waist belt and incorporated shoulder strap for walking in the dark, with or without dogs, on an ex-gratia basis by the BPC, with perhaps donations for the service.
- Correspondence received:
- Mr Little, Charterlands, Cleveland Drive, Bigbury-on-Sea. Post box contamination
- Proposals for agenda items to be included in next meeting
The next Parish Council meeting is scheduled for Wednesday December 13th 2017
Please note – this meeting starts at a later time of 19:45
Application to Name and Number a New Street – HINGSTON RISE, BIGBURY VILLAGE
Application to Name and Number a New St – Ref: 469752
The attached maps show the location and plan of a new development in Bigbury. Click on the links to view:-
ROYAL OAK_Layout plan
Royal Oak_Location plan
The street naming process:
This is a statutory function of the Council and the legal procedure is governed by clauses in the Public Health Act of 1925 as follows:
The developer of the site proposes a name initially.
The local Ward Member(s), Parish or Town Council and the Royal Mail are consulted, in the form of this letter.
Any objections to the developer’s name must be fully substantiated and made within a strict time-scale.
If objections are received, the appropriate Council Committee will be responsible for considering any viable alternative names arising from the consultation, and deciding which name is to be approved.
The developer has a right of appeal to the Magistrates Court against a Council objection to his preferred name and the Magistrates will make the final decision if there is failure to agree at an earlier stage.
A process that goes to appeal will result in additional cost to the Council and delay for new residents.
The developer has proposed the following name for the development: –
Hingston Rise
If no response to this letter is received within 21 days it will be assumed that you have no objections to the developer’s proposed names being adopted by the Council.
Yours sincerely,
Street Naming and Numbering Team
South Hams District Council
Follaton House, Plymouth Road, Totnes TQ9 5NE
Tel: 01803 861234
Email: addresschanges@swdevon.gov.uk
Web: www.southhams.gov.uk
StAnn’s Chapel proposal for new road refused
Application No.: 4097/16/OPA Date Received: 21 December 2016
Proposal: READVERTISEMENT (Amendments to detail of proposed new access and road
layout) Outline application with some matters reserved for residential development of circa 8 dwellings, open space and associated infrastructure with all matters reserved except for means of access (and associated off-site highway works)
Location: Proposed Development Site At Sx 663 471, St Anns Chapel, Bigbury, Devon
Dated 11th July 2017:- The South Hams District Council hereby REFUSE permission to carry out the development – described above for the following reason(s):
1. The proposed development is likely to generate an increase in pedestrian traffic on
highways lacking adequate footways and also lacking adequate visibility at the junction
of the C252 and the B3392 with consequent additional danger to all users of the road
contrary to paragraph 32 of the National Planning Policy Framework, Policy DP7 of the
South Hams Local Development Framework and Policy DEV 31 of the emerging
Plymouth and South West Devon Joint Local Plan.
2. Having regard to the new road access points, the provision of a new relocated and
wider highway and the resulting loss of Devon Hedgebanks, the proposal will fail to
conserve the landscape and scenic beauty in this part of the South Devon Area of
Outstanding Natural Beauty contrary to paragraph 115 of the NPPF, Policies CS9 and
DP2 of the South Hams Local Development Framework and Policies SPT11, DEV24
and DEV27 of the emerging Plymouth and South West Devon Joint Local Plan.
AONB Planning Guide
The final version (March 2017) of the South Devon AONB’s Planning Guide is available via the following link:-
http://www.southdevonaonb.org.uk/uploads/files/Planning_Guidance_-_Final_text_version.pdf
Recent Comments