Content

RESOLVED
 
Planning permission be granted subject to the
following conditions:
 
Enabling Works Definition: For the
purposes of the interpreting pre-commencement planning conditions,
"enabling works" shall mean non-intrusive or preparatory activities
that are necessary to facilitate the lawful implementation of the
development but do not constitute the commencement of development.
These works may include site access works, ecological survey and
mitigation works (including works required under a European
Protected Species licence), archaeological investigations, the
installation of tree protection measures, and the erection of site
hoardings or temporary fencing. Enabling works do not include
excavation (other than for archaeological or ecological purposes),
groundworks, vegetation removal, construction of permanent
buildings or infrastructure, or other operations that would
normally constitute material commencement under Section 56 of the
Town and Country Planning Act 1990.
 
1.    
Time Limit
 
The development hereby permitted must be begun
not later than the expiration of three years from the date on which
this permission is granted.
 
REASON: In accordance with Section 91 of
the Town & Country Planning Act 1990 as amended by Section 51
of the Planning and Compulsory Purchase Act 2004.
 
2.       Approved Plans
 
The development hereby permitted shall be
carried out in accordance with the following approved plans:
 
See plans table in Committee Report
 
And also including
the following plans:
 
Proposed Link Road Profiles E06328 – PL
– 221C
General Arrangement – E06328 – PL
308F
Proposed A383 & Link Road Section –
E06328 – PL 325B
 
Proposed Link Road Profile – E06328
– PL – 327B
A383 & Link Road Contours – E06328
– PL – 418D
A383 & Link Road Site Plan – E06328
– PL – 431D
 
 
REASON: In order
to ensure compliance with the approved
drawings.
 
3.       Boundary
Treatment
 
Before preparation of ground levels for each
phase of the development hereby approved takes place, details of
the boundary treatment to the highway for that phase shall have
been submitted to and approved in writing by the Local Planning
Authority.
 
REASON: In the interests of the visual
amenity of the area and to retain the rural character of the
site
 
4.       Flood Storage
Compensation
 
The development shall be carried out in
accordance with drawing no. 2506 Rev.  
P01 Compensation Works dated May 2025
and the FRA & DS dated 6th December 2023 (Clarkbond, ref. E06328). The compensation works
shall be fully implemented prior to the completion of phase 1 and
maintained over the lifetime of the development.
 
REASON: To prevent flooding elsewhere by
ensuring that compensatory storage of floodwater is
provided.
 
5.       Contaminated Land
 
If during development, contamination not
previous identified is found to be present at the site then no
further development (unless otherwise) agreed in writing with the
Local Planning Authority) shall be carried out until the developer
has submitted to, and obtained written approval from the Local
Planning Authority for an investigation and risk assessment and,
where necessary, a remediation strategy and verification plan
detailing how this unsuspected contamination shall be dealt with.
Development shall not thereafter proceed unless in strict
accordance with the measures identified in the approved remediation
strategy and verification plan. Prior to occupation of any part of
the permitted development, a verification report demonstrating
completion of the works set out in the approved remediation
strategy and the effectiveness of the remediation shall be
submitted to and approved, in writing, by the Local Planning
Authority.
 
REASON: To ensure that an appropriate
record is made of archaeological evidence that may be affected by
the development.
 
6.       Written Scheme of
Investigation
         
No development shall take place (except
enabling works) until the developer has secured the implementation
of a programme of archaeological work in accordance with a written
scheme of investigation (WSI) which has been submitted to and
approved in wring by the Local Planning Authority. The development
shall be carried out at all times in
accordance with the approved scheme as agreed in wring by the Local
Planning Authority.
 
REASON: To ensure that an appropriate
record is made of archaeological evidence that may be affected by
the development.
 
PRE-COMMENCEMENT REASON: To ensure
archaeological remains are identified, recorded, and protected
where necessary, as groundworks could otherwise disturb or destroy
evidence irretrievably.
 
7.       Written Scheme of
Investigation Results     
 
The development shall not be brought in to use
until (i) the post investigation
assessment has been completed in accordance with the approved
Written Scheme of Investigation and (ii) that the provision made
for analysis, publication and dissemination of results, and archive
deposition, has been confirmed in wring to, and approved by, the
Local Planning Authority.
 
REASON: To ensure that an appropriate
record is made of archaeological evidence that may be affected by
the development.

 
8.       Drainage Details
 
No development hereby permitted shall commence
(except enabling works) until the following information has been
submitted to and approved in writing by the Local Planning
Authority:
 
(a)  A detailed drainage design based upon the approved
Flood Risk Assessment and Drainage Strategy.
(b)  Detailed proposals for the management of surface
water and silt runoff from the site during construction of the
development hereby permitted.
(c)  Proposals for the adoption and maintenance of the
permanent surface water drainage system.
(d)  A plan indicating how exceedance flows will be
safely managed at the site.
      No building hereby
permitted shall be occupied until the works have been approved and
implemented in accordance with the details under (a) - (d)
above.
 
REASON: The above conditions are required
to ensure the proposed surface water drainage system will operate
effectively and will not cause an increase in flood risk either on
the site, adjacent land or downstream in line with SuDS for Devon Guidance (2017) and national
policies, including NPPF and PPG.
 
PRE-COMMENCEMENT
CONDITION: The conditions should be pre-commencement since it is
essential that the proposed surface water drainage system is shown
to be feasible before works begin to avoid redesign / unnecessary
delays during construction when site layout is fixed.
 
9.       Watercourse
Monitoring
 
Prior to any commencement of any phase of the
development (except enabling works), details to confirm how
monitoring of surrounding watercourses will be carried out shall be
submitted to and approved in writing by the Local Planning
Authority. Whilst this condition can be phased, the monitoring of
watercourses will need to continue if further phases commence (and
the watercourse is relevant to be monitored). The development shall
be carried out in accordance with the approved details
 
REASON: To ensure impacted watercourses are
sufficiently monitored and managed from the outset.
 
PRE-COMMENCEMENT REASON: This condition
must be discharged before the commencement of each relevant phase
(except enabling works) because the monitoring of surrounding
watercourses may need to begin in advance of construction
activities to establish baseline conditions.
 
10.          
Phasing
 
The development hereby approved shall be
carried out in accordance with the submitted Illustrative Phasing
Plan (Ref: 27412 9506 Rev G), unless otherwise agreed in writing
with the Local Planning Authority.
 
REASON: To ensure suitable phasing of the
development
 
PRE-COMMENCEMENT REASON: To ensure the
development is properly phased from the outset, coordinating
construction sequencing and infrastructure delivery.
 

11.          
Construction Management Plan
 
No development shall be carried out (excluding
enabling works) unless a Construction Management Plan has been
first submitted to and approved in writing by the Local Planning
Authority.  The Construction Management
Plan shall specify details of:
·        
the hours of demolition/construction works (including hours of site deliveries, parking
of vehicles of site operatives and visitors);
·        
loading and unloading of plant and machinery;
·        
facilities for the storage of plant, machinery and materials used
in the construction of the development;
·        
the erection and maintenance of security hoardings;
·        
wheel washing facilities;
·        
measures to control the emission of dust and dirt during
construction;
·        
a scheme for the recycling/disposal of waste resulting from the
[construction works] The development shall not be carried out
unless in strict accordance with the approved details.
 
REASON:  In the
interests of local amenity. 
 
PRE-COMMENCEMENT REASON: Construction
management details need to be agreed prior to works commencing as
matters require oversight from that time.
 
13.     Construction Ecological
Management Plan
 
No development shall take place (except
enabling works) until a construction environmental management plan
(CEMP: Biodiversity) has been submitted to and approved in writing
by the Local Planning Authority. The CEMP (Biodiversity) shall
include the following
 
1.     
Risk assessment of potentially damaging construction activities
2.     
Identification of “biodiversity protection zones”
3.     
Practical measures (both physical measures and sensitive working
practices) to avoid or reduce impacts during construction (may be
provided as a set of method statements)
4.     
The location and timing of sensitive works to avoid harm to
biodiversity features
5.     
The times during construction when specialist ecologists need to be
present on-site to oversee works.
6.     
Responsible persons and lines of communication
7.     
The role and responsibilities on site of an ecological clerk of
works (ECoW) or similarly competent
person
8.     
Use of protective fences, exclusion barriers and warning signs
 
The approved CEMP shall be adhered to and
implemented throughout the construction period strictly in
accordance with the approved details
 
REASON: To ensure that biodiversity is
adequately protected during the construction phase.
 
PRE-COMMENCEMENT REASON:  To ensure that biodiversity is adequately
protected during the construction phase, including habitats and
species of principal importance, and to prevent significant
ecological harm. 
 
14.     Street Furniture
 
No street furniture shall be installed until a
photographic schedule has been submitted to and approved in writing
by the Local Planning Authority. This shall include:
 
·    
Manufacturer’s product images and details;
·    
Dimensions, materials, finishes, and colour options;
·    
Installation locations referenced to the approved landscape
layout;
·    
Evidence of compliance with applicable safety standards (e.g. BS EN
1176).
 
REASON: To ensure high-quality, safe and
appropriate public realm infrastructure.
 
15.     Hedgerow and Hedgebank Strategy
 
No development shall commence (except enabling
works) until a Hedgerow and Hedgebank
Strategy has been submitted and approved by the Local Planning
Authority. The strategy shall include:
 
·        
A 1:500 plan showing all existing hedgerows/hedgebanks and their proposed treatment (retain,
remove, realign), with justification;
·        
Protection measures during construction (BS5837
compliant);
·        
Cross-sections and specifications for any translocated or new
hedgebanks;
·        
Hedgebank construction (including
transitions and ends);
·        
A delivery and 5-year establishment schedule.
 
REASON: To protect and enhance traditional
landscape features and ensure continuity of local green
infrastructure.
 
PRE-COMMENCMENT REASON: To ensure
commencement does not prevent the site from delivering a
high quality landscaping proposal
and harm existing hedgerows.
 
16.     SuDS
and Landscape Integration
 
No development shall commence (except enabling
works) until a SuDS Landscape
Integration Scheme has been submitted and approved by the Local
Planning Authority.
 
The scheme shall include:
 
Drawings and Technical Details:
·        
SuDS layout at 1:500 scale showing
attenuation basins, swales and other components in relation to
landscape and access;
·        
Cross-sections, levels, and construction details for inlets/outlets
(e.g. Drawing E06328);
·        
Overlays showing utilities and highway coordination.
·        
Planting and Maintenance:
·        
Wetland planting specifications including native species, planting
densities and schedules;
·        
Integration with public open space and landscape corridors;
·        
30-year SuDS management and maintenance
plan with monitoring and responsibilities.
 
The scheme shall be designed in accordance
with CIRIA SuDS Manual C753 and
implemented in full prior to occupation of each phase.
 
REASON: To secure effective and
multifunctional surface water management infrastructure that
complements the landscape and supports biodiversity.
 
PRE-COMMENCMENT REASON: To ensure
commencement does not prevent the site from delivering a
high quality landscaping
proposal.
 
17.     Arboricultural Protection
 
No development shall commence (except enabling
works) until an Arboricultural Method
Statement and Tree Protection Plan (BS5837:2012 compliant) has been
submitted and approved by the Local Planning Authority. These shall
include:
·    
Protection fencing locations (installed prior to any site
clearance);
·    
No-dig construction in root protection areas;
·    
Monitoring and supervision arrangements by a qualified
arboriculturist.
 
REASON: To ensure retained trees are
protected throughout the development process.
 
PRE-COMMENCMENT REASON: To ensure
commencement does not harm existing trees
 
18.     Lighting Strategy
 
No development shall commence (except enabling
works) until a lighting strategy is submitted to and approved in
writing by the Local Planning Authority. Any lighting within public
area areas shall be:
 
·        
Designed to minimise spill into adjacent wildlife corridors;
·        
Sensitive to local landscape character;
·        
Dark-sky compliant where possible.
·        
The approved lighting strategy
 
REASON: To protect landscape and ecological
value, amenity, and rural character.
 
PRE-COMMENCMENT REASON: To ensure
commencement does not unduly harm wildlife present on the
site
 
19. Howton Fields Access
 
No development shall commence (except enabling
works) until a detailed plan and specification for the design and
construction of the section of road necessary to provide permanent,
safe, and suitable access to Howton Fields has been submitted to
and approved by the Local Planning Authority.
 
No part of Howton Road shall be stopped up or
closed until the approved section of road have been fully
constructed, completed to an adoptable standard and made fully
operational and available for use to the satisfaction of the Local
Planning Authority.
 
The new junction and section of road shall
provide safe, permanent, and uninterrupted access to Howton Fields
at all times thereafter.
 
REASON: To ensure that appropriate highway
infrastructure is designed, secured, and delivered in advance of
the stopping up of Howton Road, in order
to maintain safe and suitable access to Howton Fields and to
safeguard highway safety
 
 
 
INFORMATIVES:

1.              
Regulation 26 and 29 EIA Regulations 2017 - In determining this
planning application, the Local Planning Authority has taken into
consideration the Environmental Statement submitted with the
planning application, the further information sought from the
developer and all of the consultation
responses and representations received. It is concluded that the
proposed development is unlikely to have a significant effect on
the environment due to the scale and nature of the development
proposed. Where there is likely to be an adverse effect on the
environment conditions have been imposed to avoid, prevent, reduce
and offset such effects and secure mitigation measures where
necessary.
 

2.              
In accordance with paragraph 38 of the National Planning Policy
Framework the Council has worked in a positive and pro-active way
with the Applicant and has negotiated amendments to the application
to enable the grant of planning permission. This development is
subject to a Section 106 agreement dated 30th September 2019. The
agreement can be viewed at
www.teignbridge.gov.uk/planningonline
 

3.              
Whilst development is liable to make contributions under the
Community Infrastructure Levy regulations to provide essential
local facilities to support development in the District, no contributions are payable as the
Teignbridge CIL Schedule gives this type of development a zero
rate.