Cavanna Homes appeal against refusal of 40 dwellings in Newton Poppleford dismissed

15/0642/MRES Appeal 15/00052/REF Ref:
Cavanna Homes (Devon) Ltd And Pencleave 2 – Mr Ed Brown

Land South Of King Alfred Way Newton Poppleford Construction of 40 dwellings (including 16 affordable), doctors’ surgery and associated works (approval of details reserved by outline planning permission 13/0316/MOUT).

Appeal Dismissed Date: 02.03.2016 Written representations

Officer recommendation to approve, Committee Refusal. Affordable Housing pepper-potting reason upheld. (EDLP Strategy 34).

So, officers recommended, committee refused, committee decision upheld. How come officers did not know that East Devon Local Plan Strategy 34 was a reason to refuse!

STRATEGY 34:

Strategy 34 – District Wide Affordable Housing Provision Targets:
Affordable housing will be required on residential developments in East Devon as follows .
Within the areas defined below a target of 25% of the dwellings shall be affordable :
a) Axminster;
b) Exmouth;
c) Honiton;
d) Ottery St Mary;
e) Seaton; and
f) Major strategic ‘West end’ development sites.
Under this policy:
1 2
the towns listed above are defined by the area within the Built-up Area Boundary the major strategic West End development sites to which policy will apply are
a) Cranbrook,
b) adjacent to Pinhoe and
c) North of Blackhorse
as shown on the West End inset map (to the Proposals Plan)

Areas to which higher (50%) affordable housing targets apply: Outside of the areas listed above (i.e. all other parts of East Devon including all settlements not listed, coastal and rural areas and Budleigh Salterton and Sidmouth) 50% of the dwellings shall be affordable subject to viability considerations. The 50% figure applies to all areas that do not come under the 25% classification and which are permitted under Strategy 35 ‘Exceptions’ policy.

Where a proposal does not meet the above targets it will be necessary to submit evidence to demonstrate why provision is not viable or otherwise appropriate. An overage clause will be sought in respect of future profits and affordable housing provision, where levels of affordable housing fall below policy targets.

Looking across the lifespan of the plan an affordable housing policy provision target of 70% social or affordable rent accommodation and 30% intermediate or other affordable housing is sought. However in periods of depressed markets an alternative negotiated mix to reflect viability considerations and help deliver schemes will be acceptable. The District Council will consider issues of development viability and housing mix including additional costs associated with the development of brownfield sites, mitigation of contamination and the provision of significant community benefits provided the assessment process is completely transparent and there is full financial disclosure by stakeholders.

The thresholds at which this policy shall apply will be the minimum set out in Government policy or guidance (including any lower thresholds which Local Planning Authorities have the discretion to establish) subject to an up to date Council viability assessment showing that these thresholds can be justified. Where there is no applicable Government Policy or Guidance there will be no minimum size threshold at which affordable housing will be sought, subject to there being up to date strategic evidence that the general delivery of housing would not be significantly undermined.

Affordable housing shall be provided on site unless it is exempted through Government Policy or Guidance, is not mathematically possible or where off site provision of equivalent value is justified by circumstances such as no registered provider being willing to manage the new affordable units or other planning reasons. In such cases a payment towards an off site contribution will be required in lieu of on site provision. On any development site affordable housing should be ‘pepper-potted’ or dispersed throughout the scheme.