140 homes at Gerway Close, Ottery St Mary

What was proposed

The application sought outline permission for up to 140 homes, with access from Sidmouth Road and associated infrastructure, open space and drainage.

“WardOttery St Mary Reference 25/2468/MOUT ApplicantLandra Developments Ltd LocationLand Adjacent To Gerway Nurseries Gerway Close Ottery St Mary ProposalOutline application (with all matters reserved except for access from Sidmouth Road) for the demolition of a farm building and the erection of up to 140 residential dwellings (Class C3) with associated infrastructure and engineering works including landscaping, open space, surface water drainage and internal…”

“Proposal: Outline application (with all matters reserved except for access from Sidmouth Road) for the demolition of a farm building and the erection of up to 140 residential dwellings (Class C3) with associated infrastructure and engineering works including landscaping, open space, surface water drainage and internal roads/footpaths/cycleways.”

Officer report

The site and its setting

The approximately seven-hectare site is agricultural land on Ottery St Mary’s southern edge, outside the settlement boundary and including Grade 2 and 3 land.

“The application site comprises approximately 7 hectares of agricultural land located at the southern edge of Ottery St Mary. It is situated immediately adjacent to the town's settlement boundary, which is defined by the residential developments of Claremont Field to the north and Gerway Close to the east. The site consists of several fields managed as arable land and silage for at least the last quarter-century, divided by a network of trees and hedgerows.”

“The topography is characterized by sloping ground that falls from a high point of approximately 62m Above Ordnance Datum (AOD) at the south-eastern boundary with Sidmouth Road to a low point of roughly 38m–40m AOD along its northern edge. This northern boundary meets a narrow ditch and an unnamed watercourse that drains toward the River Otter. The site is composed of Grade 2 and Grade 3 "Best and Most Versatile" agricultural land.”

Officer report

Planning history

An earlier farm access was approved, a lawfulness certificate application remained pending, and screening concluded that environmental impact assessment was not required.

“22/2667/FUL To create a better entrance to Gerway Farm forming visibility splays and providing a safe access onto the highway to either direction with large vehicles. Approve 15.11.2023 25/2154/CPE Certificate of existing lawfulness to confirm material start to planning permission 22/2667/FUL Pending…”

“25/2468/MOUT 25/0017/EIA Environmental Impact Screening Opinion: Outline application (with all matters reserved except for access from Sidmouth Road) for the demolition of a farm building and the erection of up to 140 residential dwellings (Class C3) with associated infrastructure and engineering works including landscaping, open space, surface water drainage and internal roads/footpaths/cycleways.”

Officer report

What officers recommended

Officers recommended approval because the housing and affordable housing benefits were judged not to be significantly and demonstrably outweighed by the identified harms.

“The scheme would deliver up to 140 dwellings, including 56 affordable homes at a blended rate of 40%, in a district with a pressing and acknowledged housing shortfall of 1,746 dwellings against the five-year requirement. The delivery of affordable housing at this level is a very substantial social benefit, particularly given the identified local need for smaller and more affordable homes in Ottery St Mary.”

“Having weighed the above, the planning balance is finely poised but resolves in favour of approval. The very substantial benefits of delivering 140 homes, including 56 affordable units, in a district with a pressing shortfall of 1,746 dwellings attract considerable weight.”

Officer report

What consultees said

Technical consultees generally raised no objection subject to conditions, while the landscape officer maintained concerns about western expansion and walking and cycling connections.

“Technical consultees raise no objections subject to conditions, with Devon County Council Highways satisfied on access and network capacity, South West Water and the Environment Agency content subject to safeguards, ecological impacts capable of mitigation, and heritage concerns resolved following submission of an agreed Written Scheme of Investigation.”

“Overall, the planning balance is finely balanced, but in light of the severe housing land supply shortfall and the substantial benefits of delivering 140 homes, including a significant proportion of affordable housing, the identified harms are not considered to significantly and demonstrably outweigh those benefits when assessed against the NPPF as a whole.”

Officer report

Objections and concerns

The ward member, town council, councillors and residents objected over countryside impact, agricultural land, traffic, drainage, infrastructure, ecology and visual harm.

“25/2468/MOUT The land is Grade 2 and 3a agricultural land, which should be protected not built over, once built over the land is lost for good. Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that planning applications be determined in accordance with the adopted development plan unless material considerations indicate otherwise. In this case, no such considerations exist.”

“Landscape, Heritage and Countryside Harm The development would cause unacceptable harm to: * Valued rural landscape character; * Protected views from the Scheduled Monument at Belbury Castle; * The setting and identity of Ottery St Mary; * The open countryside protected by both Local Plan and Neighbourhood Plan policy.”

Officer report

Who spoke

Five members of the public spoke against the proposal, including representatives of the Gerway Farm Action Group and National Landscapes.

The committee’s decision

The committee refused the application contrary to the officer recommendation, citing rural character, agricultural land, countryside location, spatial strategy and unsecured mitigation.

“RESOLVED: Refused contrary to officer recommendation for the following broad reasons: Having regard to the extension of residential development to the west of the draft allocated site the development will have an adverse impact on the rural character of the area contrary to Strategy 46 and Policy D1 of the East Devon Local Plan 2013 to 2031, East Devon District Council emerging Local Plan 2020 to 2042, National Planning Policy Framework and Neighbourhood Plan. 2.”

“This significant development of 140 houses is contrary to the spatial strategy of the East Devon Local Plan and emerging East Devon Local Plan which seeks to focus development in East Devon’s West End with development in towns such as Ottery St Mary focused and limited to that required to meet local needs and to maintain the vibrancy of the town.”

Minutes