Agenda and minutes

Venue: Town Hall Bideford

Contact: Sandra Cawsey  Email: sandra.cawsey@torridge.gov.uk

Items
No. Item

107.

Minutes pdf icon PDF 83 KB

To receive the Minutes from the meeting held on 1 February 2018.

Minutes:

The Minutes of the meeting held on 1 February 2018 were agreed and signed as a correct record.

 

(Vote: For 5, Abstentions 2)

 

108.

Declaration of Interest

Members with interests to declare should refer to the Agenda item and describe the nature of their interest when the item is being considered.

 

Elected Members of Devon County Council and Town/Parish Councils who have considered a planning application by virtue of their membership of that Council hold a personal interest and are deemed to have considered the application separately and the expressed views of that Council do not bind the Members concerned who consider the application afresh.

Minutes:

The Chair reminded Members to declare their interests when the relevant item was up for discussion.  Declarations of interest were made as indicated below and in accordance with the previously agreed arrangements for “dual-hatted” Members.

 

109.

Agreement of Agenda between Parts I and II

Minutes:

That the Agenda as circulated be agreed.

 

110.

Urgent Matters

Information to be brought forward with the permission of the Chair.

Minutes:

There were no urgent matters, but the Chair advised that Members would be notified of the re arranged date for the Planning Evidence Gathering meeting that had been scheduled to take place today.

 

111.

Future Site Visits

The Chair to advise the Committee of any future site visits.

Minutes:

The Chair informed the Committee that there were currently no site visits planned.

 

112.

Public Participation

The Chair to advise the Committee of any prior requests to speak made by members of the public and to advise of the details of the Council’s public participation scheme.

Minutes:

The Chair advised the Committee and members of the public of the details in respect of the Council’s public participation scheme.

 

113.

Appeal Decisions Summary pdf icon PDF 13 KB

Appeal Decision Summary and Reports of Planning Inspectorate

 

Summary

 

Appeal Decision      -   1/0797/2017/FUL

Appeal Decision      -   1/0082/2017/FUL

Appeal Decision      -   1/0603/2017/OUT

Appeal Decision      -   1/0311/2017/FUL

Appeal Decision      -   1/0095/2017/FUL

Appeal Decision      -   1/0689/2016/FULM

Additional documents:

Minutes:

Councillor Christie referred to the Appeal Decision – Land at Newton Road, Bideford which had subsequently been withdrawn.  He explained that the Environment Agency had originally said no to the application due to flooding, but had now agreed to the proposal due to the garages now being re sited at ground level.  A letter confirming this had been sent by the Environment Agency to Westward Housing.   The Planning Department were asked to contact Westward Housing for further information.   This information to then be circulated to all Members of Plans Committee. 

 

The Committee noted the Appeal Decisions.

 

114.

Costs on Appeals

There are no Costs on Appeals.

Minutes:

There were no Costs on Appeals.

115.

Delegated Decisions - AGMB Applications pdf icon PDF 62 KB

Minutes:

The Committee noted the Delegated Decisions.

 

116.

Planning Applications

The information, recommendations and advice contained in the reports are correct as at the date of preparation which is more than ten days in advance of the Committee meeting.   Due to these time constraints any changes or necessary updates to the reports will be provided in writing or orally at the Committee meeting.

 

 

Minutes:

Prior to the presentation of the planning applications, the Chair asked that respect be shown for the views of the speakers, even if their views differed.

116a

Implications Report pdf icon PDF 136 KB

(IMPLICATIONS REPORT) -Outline planning permission for up to 8 dwellings with all matters reserved - Field Known As 'Dougies Field', Shebbear, Devon.

Minutes:

Application 1/0795/2017/OUT  -  Outline planning permission for up to 8 dwellings with all matters reserved - Field Known As 'Dougies Field', Shebbear, Devon

 

Interests:   Councillor Langmead declared a prejudicial interest – works closely at TDC with the applicant – left the table and took no part in the debate and decision making

 

Officer Recommendation:   Refuse

 

 

The planning application had been called into Plans Committee by Councillor Langmead for the following reasons:

 

“Sustainable delivery; affordable housing and the provision of self build plots as prescribed by the Housing Act”.

 

The applicant is also an employee of Torridge District Council.

 

The planning application had been referred to Plans Committee for Members to consider the implications of a resolution to grant planning permission, contrary to Officer recommendation.    The application having originally been considered and provisionally approved at Plans Committee on 1 February 2018.  

 

The Planning Team Leader presented a summary of the report, Members having received a full presentation at the previous meeting.    Members were also advised of the main planning considerations.   

 

The Senior Solicitor presented the Implications Report outlining the Planning Officers justification for recommending refusal, and the likely risk associated with an unsubstantiated decision contrary to the recommendation.

 

Members who were in support of the application considered the proposal to be in accordance with Policies DVT2C, DVT11, DVT18, DVT24 and paragraphs 14, 55 and 112 of the NPPF.

 

It was proposed by Councillor Hackett, seconded by Councillor Watson that the application be approved.

 

Resolved:

 

That the application be Granted in accordance with the Policies as stated above and the conditions outlined in the report.

 

(Vote:  For 3, Against 3)

 

The Chair, using a casting vote, voted for the application.

 

The application was approved.

 

 

 

116b

Planning Application - 1/1246/2017/FUL - Removal of condition 6 (Agricultural occupancy condition) of application 1/1278/76/41/5
- Mouna, Bidna Lane, Northam.
pdf icon PDF 260 KB

Removal of condition 6 (Agricultural occupancy condition) of application 1/1278/76/41/5 - Mouna, Bidna Lane, Northam.

Additional documents:

Minutes:

Interests:   Councillor Davis declared a personal interest – dual hatted – Northam Town Council

 

Officer recommendation:    Grant

 

 

The planning application had been called into Plans Committee by Councillor Christie for the following reasons:

 

“This has an agricultural tie and I would like the removal of this discussed at Plans Committee”.

 

Members were informed of the following updates:

 

·         A late letter of objection which had been uploaded to the Council’s website. The issues raised were consistent with the representations already received how ever the main points were summarised as follows: landscape impact, no valid reason why the tie should be removed, the land is currently being used for agricultural purposes, and it is incorrectly priced for agricultural workers.

 

·         Additional information was presented in terms of local famers who had been contacted in respect of the sale of the application site and the fact that no agriculturally tied properties have been approved within the parish in the past 2 years

 

The Planning Officer presented the report and informed Members of the main planning considerations.

 

Councillor Christie raised concerns that on the Authority’s website the Statement of Case submitted by the applicant had been redacted by the Planning Department.   The Senior Solicitor advised it is a legal requirement that all sensitive information not be published on the website.  The paragraph in question contained financial information, which is redacted by default when the document is posted online.

 

The speaker, Mr Sherry, Agent for the applicant, referred the Committee to page 49 of the report, where details of the financial information had been included.

 

During the discussion, the following matters were raised:

 

·         History to the site, the conditions imposed on the original decisions and unclear records as to what extent amendments had been approved

·         No evidence to support the removal of the agricultural tie

·         Questions were asked and concerns raised as to whether the land is currently being used for agricultural purposes.  Therefore, prior to any decision being made, a formal independent Agricultural Assessment to be undertaken.

·         Policy DM28 is in the emerging Local Plan which, at present, does not hold weight.  This Policy is similar to the adopted Policy HSC9.

 

The Senior Solicitor gave legal advice, stating that the land was likely to be too small to generate an agricultural income that would support a dwelling of this size, and therefore should not require an agricultural tie to be attached.  He also advised Members that if they were minded to refuse the application robust reasons would be required.

 

It was proposed by Councillor Christie, seconded by Councillor Davis that the application be deferred to enable a formal Agricultural Assessment to be undertaken.

 

It was proposed by Councillor Watson, seconded by Councillor Lock that the application be approved.

 

A vote was taken on the first proposal, that the application be deferred.

 

Resolved:

 

That the application be deferred to enable a formal Agricultural Assessment to be undertaken.

 

 

(Vote:   For – Unanimous)

 

Mr P Hames, on behalf of Northam Town Council, addressed the meeting objecting to  ...  view the full minutes text for item 116b

117.

Planning Decisions pdf icon PDF 89 KB

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types, 22 January 2018 to 16 February 2018.

 

 

Minutes:

 

A brief discussion took place relating to the monitoring of agricultural and holiday occupancy conditions.  The Planning Team Leader advised that resources dictate that Officer’s do not have the procedures to register every occupancy condition.  Councillor Christie felt this was a matter that Members could assist with, and reiterated his request for Members and Parish Councils to be provided with a list of those within their Wards.  

 

 

RESOLVED

 

That the Planning decisions for the period 22 January 2018 and 16 February 2018 be noted.