158 homes and commercial space at Sandy Park Farm, Topsham, Exeter

What was proposed

The outline application sought up to 158 homes, commercial floorspace and associated infrastructure, with access reserved for consideration.

“Application information Number: 23/1532/OUT Applicant Name: The Sandy Park Farm Partnership Proposal: Outline Planning Application (all matters reserved bar access) for up to 158 residential dwellings (Use Class C3) and up to 17,567 sq m of commercial floorspace (Use Classes E, F2, B2 and B8) with associated infrastructure.”

Officer report

Why officers recommended refusal

Officers considered the proposal failed to provide the employment land needed in Newcourt, causing significant harm that outweighed the benefits of additional homes.

“As stated previously the Council cannot currently demonstrate a 5 year housing land supply and the tilted balance is in effect. However, there is a clear identification in CS Policies CP2 and CP19 for 16ha of employment to be delivered within the Newcourt urban extension, with none having been delivered. There are limited opportunities left to deliver this employment, with this further demonstrated by the employment allocation in the emerging EP Policy EJ6.”

“It is acknowledged that the matters of southern access position, air quality and drainage may be able to be resolved through submission of revised information. However, this would not resolve the significant policy conflict generated through low level of employment on this site.”

Officer report

What consultees and residents said

Consultees raised concerns about drainage, ecology, air quality and trees, while five objections cited traffic, noise, access, light and capacity concerns.

“Local Highway Authority (Devon County Council): Raised no objection subject to mitigation. The submitted trip generation will not create unacceptable highway impacts and the northern access point will connect to a highway designed for this additional traffic. The southern access is acceptable in design, however mitigation is needed in relation to non-motorised vehicle use of Old Rydon Lane during event and match days at Sandy Park Rugby Club.”

“Increase in traffic on the signalised junction of the A379 • Increase in noise from vehicle braking, acceleration and turning and mitigation would be required. • Details of the junction with Old Rydon Lane are required. • Opportunity to improve pedestrian provision on OId Rydon Lane. • Blocking of skyline by commercial units and loss of light. • Risk of noise and anti-social behaviour from car parking areas.”

Officer report

Who spoke at the meeting

A speaker opposed the application over policy, access and procedural concerns, while the applicant’s representative supported it and requested a deferral and site visit.

What members debated

Members debated employment land, access, land ownership, highway safety, the need for a masterplan and whether deferral would preserve council control.

“a Member considered there was a need to agree a further extension of time and approve a deferral to undertake a site visit and concern that any refusal would force the developer to appeal. A deferral would allow the Council to maintain a level of control on this situation; • a site visit was not considered necessary and that the developer had not been reasonable and needed to work with the Council; • there were unresolved issues with access, land ownership, and highway…”

“the key issue for refusal was that the proposal would not deliver enough employment land as required by policy and by approving this application the opportunity to provide the right amount of employment land in this area would be lost; • employment was a key issue for the Exeter Plan and no employment land had been delivered in the Newcourt area to date; and • there was relatively little land left, which had not been developed for housing or other uses.”

Minutes

The votes

Members rejected a proposed deferral by 2 votes to 7 with 1 abstention, then supported refusal by 8 votes to 0 with 2 abstentions.

“It was proposed by Councillor Mitchell and seconded by Councillor Banyard that the following amendment be made to the recommendations:-”

“concern was expressed that issuing a refusal could reduce the council’s control over the land, pushing the applicant toward an appeal process where the Council had limited influence; • the applicant appeared to be willing to cooperate with the Council, including agreeing to a site visit or a deferral; • Members now have a better understanding of the site’s issues following the debate; • the developer should be given a further opportunity to negotiate with the planning team…”

Minutes

The decision

The application for up to 158 homes and commercial floorspace was refused for the reasons set out in the officer recommendation.

“The Chair returned to the motion to follow the officer's recommendation for refusal…”

“RESOLVED that the planning application for up to 158 residential dwellings (Use Class C3), and up to 17,567 sq. m of commercial floorspace (Use Classes E, F2, B2 and B8) with associated infrastructure at Sandy Park Farm, Old Rydon Lane, be refused for the reasons listed in the report.”

Minutes