Agenda and minutes

Venue: Town Hall Bideford

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

Items
No. Item

118.

Minutes pdf icon PDF 72 KB

To receive the Minutes from the meeting held on 5 March 2018.

Minutes:

The Minutes of the meeting held on 5 March 2018  were agreed and signed as a correct record.

 

(Vote: For 8, Abstentions 1)

 

119.

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.

 

120.

Agreement of Agenda between Parts I and II

Minutes:

That the Agenda as circulated be agreed.

 

121.

Urgent Matters

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

Minutes:

There were no urgent matters, but the Chair advised Members that the date for the next Planning Evidence Gathering meeting would be confirmed in due course.

122.

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.

 

123.

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.

 

124.

Appeal Decisions Summary pdf icon PDF 70 KB

Appeal Decision Summary and Reports of Planning Inspectorate

 

Summary

 

Appeal Decision                  1/0614/2017/OUTM

Appeal Decision                  1/0032/2017/AGMB

Appeal Decision                  1/0067/2017/FUL

Appeal Decision                  1/1133/2016/SEC106

Appeal Decision                  1/0547/2017/FUL

Additional documents:

Minutes:

The Senior Planning Policy Officer addressed a concern raised in relation to the statement made by the Inspector in the Appeal Decision ref: APP/W1145/W/17/3188135, that policies DVT1 and DVT2C should be considered “out of date”.   He confirmed that the policies are still sound policies and can still be used in robust planning decisions.

 

The Committee noted the Appeal Decisions.

 

125.

Costs on Appeals

There are no Cost on Appeal

Minutes:

There were no costs on Appeals.

126.

Delegated Decisions - AGMB Applications pdf icon PDF 59 KB

Minutes:

The Committee noted the Delegated Decisions.

 

127.

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.

 

 

127a

Planning Application 1/0256/2017/FULM pdf icon PDF 457 KB

New development comprising of 58 holiday units, a Reception Building (admin, swimming pool, etc.) & associated infrastructure to replace the existing Caravan Park at Knapp House - Knapp House Activity Centre, Churchill Way, Northam.

Minutes:

The following Councillors had attended the site visit listed below:

 

Councillors: R Lock, M Brown, P Christie, K Davis, P Hackett,

 R Julian and P Watson

 

 

Application 1/0256/2017/FULM  -  New development comprising of 58 holiday units, a Reception Building (admin, swimming pool, etc.) & associated infrastructure to replace the existing Caravan Park at Knapp House - Knapp House Activity Centre, Churchill Way, Northam.

 

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

 

Officer recommendation:    Grant subject to a legal agreement

 

 

The planning application had been called into Plans Committee by the Ward Member, Councillor Davis, for the following reasons:

 

“I would like a site visit by the Plans Committee, also for the application to be debated at Committee on whether such a development would be in breach of Policy DVT2C and ENV5.   Also to consider given the outline nature of the application, the negative impact as viewed by many that will be seen from across the estuary as I have been given to understand that the site in question is outside the development area”.

 

Prior to the presentation Members were advised of the following updates:

 

Late representations received objecting to the application.

 

Tree Protection Plan – following comments from the Tree and Landscape Officer, the recommendation was to remove the Tree Protection Plan from Condition 7 (Landscaping).  The Plan will then be required to be included in Condition 8.

 

Addendum to the report – this document had been produced in light of the joint Local Plan and the weight attributed to Policies within the Plan.

 

Policy NOR – refers to coalescence between Northam and Appledore.  It had been established that the caravan park is not a green field site and is not divorced from a built up area.   Policy NOR is in the emerging Local Plan and consideration should be given to this Policy.

 

Tapeley Park and Westleigh Conservation Area – Historic England raised concerns about the impact on these areas.

 

Tapeley Park is a Grade II* Listing and not Grade II.

 

Details of the Camp site Certificate of Lawful Use and Site Licence were given.

 

 

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

 

 

Mr Stephen Reed, Senior Historic Environment Officer at Devon County Council, addressed the meeting regarding the concern that the site is reputed to be a key battlefield site.  He clarified his understanding of the site and stated that following surveys carried out and information to hand, there is a possibility it could have been a battle field site but there is no evidence to support this.  An archaeology condition had been recommended -  the scope of work to be agreed and implemented prior to any works being undertaken.

 

A lengthy discussion then took place, with the following issues/concerns being raised:

 

·         Evidence of proven need – this is a judgement on whether Members felt the upgrading of accommodation was a proven need.

 

·         Permanent residency – concerns the units would be “second homes”-  a Holiday Occupancy  ...  view the full minutes text for item 127a

127b

Planning Application 1/1246/2017/FUL pdf icon PDF 310 KB

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

Additional documents:

Minutes:

Application No. 1/1246/2017/FUL  -  Removal of Conditon 6 (Agricultural occupancy condition) of application 1/1278/76/41/5  - Mouna, Bidna Lane, Northam.

 

Interests:   Councillor K 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 reason:

 

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

 

The application had been deferred by Members at the Plans Committee meeting held on 8 March 2018, to enable a formal Agricultural Assessment to be undertaken.

 

Prior to the presentation the Principal Planning Officer informed Members of the following update:

 

·         The Authority cannot require the applicant to offer the land to be sold with the dwelling.  The land is not tied to the dwelling through a S106 or conditions.

 

·         Additional comments received from third parties – photographs of sheep grazing on the land.

 

·         Policy DM28 as set out in the addendum carries significant weight when considering the application.

 

·         The Agricultural Appraisal is a technical document requested by Members, and it was therefore considered appropriate that the document not be put on the website.

 

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

 

Following a brief discussion it was proposed by Councillor Lock, seconded by Councillor Langmead that the application be approved.

 

Resolved:

 

That the application be Granted unconditionally.

 

(Vote:  For 6, Against 3)

 

 

Mr P Hames on behalf of Northam Town Council addressed the Committee objecting to the application

Mr S Sherry addressed the Committee in support of the application

 

 

 

 

 

127c

Planning Application 1/0153/2018/FUL pdf icon PDF 300 KB

Three dwellings (re-submission of 1/0095/2017/FUL with amended access) - Land To The West Of Hampton Close, Raleigh Hill, Bideford.

Additional documents:

Minutes:

The following Councillors had attended the site visit listed below:

 

Councillors: R Lock, M Brown, P Christie, K Davis, P Hackett, R Julian

and P Watson

 

 

Application No. 1/0153/2018/FUL  -  Three dwellings (re-submission of 1/0095/2017/FUL with amended access) - Land To The West Of Hampton Close, Raleigh Hill, Bideford.

 

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

 

Officer recommendation:  Grant subject to a legal agreement

 

 

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

 

“So Committee Members can understand how an application turned down both Torridge District Council and the Appeals Inspector can be resubmitted unchanged with no S106 discussed”.

 

The planning application had also been called into Plans Committee by Councillor K Davis for the following reason:

 

“For consideration as to whether this application runs contrary to policies DVT2C and DVT6 as it is outside of the development boundary and if allowed to go ahead it could set a precedent, void of the Local Plan”.

 

 

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

 

When discussing the application, Members noted and expressed concern that the application was virtually the same as the application previously refused by the Committee.

 

It was proposed by Councillor Christie, seconded by Councillor Julian that the application be refused for the reasons as stated on the previous application, namely contrary to the provisions of Policies DVT2C and DVT6 and paragraphs 55 and 109 of the National Planning Policy Framework.

 

The Senior Solicitor reminded Members that if they were minded to refuse the application contrary to recommendation, the item would stand deferred so that an implications report can be brought to a subsequent meeting for a final decision to be made, in accordance with the Committee’s terms of reference.

 

It was proposed by Councillor Watson, seconded by Councillor Hackett that the Committee was minded to approve the application.

A vote was taken on the first proposal by Councillor Christie that the application be refused.

 

(Vote:  For 6, Against 3)

 

The motion was carried.  No vote was therefore taken on the second proposal.

 

The application remains to be determined, and will, therefore, be brought back to the next meeting with an outline of the implications of a final decision that is contrary to officer recommendation.

 

 

Councillor C Leather, on behalf of Northam Town Council, addressed the Committee objecting to the application

Ms C Knee on behalf of the applicant, addressed the Committee in support of the application

 

 

 

127d

Planning Application 1/0221/2018/FUL pdf icon PDF 319 KB

Change of use of agricultural land to a public pay and display car park with 171 spaces including 8 disabled and 8 private spaces and associated access and allocated space for 5 motorcycles - Wilkeys Field, Pebbleridge Road, Westward Ho!

Minutes:

Application No. 1/0221/2018/FUL  -  Change of use of agricultural land to a public pay and display car park with 171 spaces including 8 disabled and 8 private spaces and associated access and allocated space for 5 motorcycles - Wilkeys Field, Pebbleridge Road, Westward Ho!.

 

Interests:   All Councillors declared a personal interest – applicant is Torridge District Council

 

Officer recommendation:   Grant

 

 

The planning application had been referred to Plans Committee as Torridge District Council is the applicant.

 

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

 

During the debate a concern was raised by Members with regard to privacy for neighbouring properties, and it was agreed that an additional condition be imposed as follows:

 

“That the boundary treatment hedge to continue all around the boundary of the site”.

 

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

 

Resolved:

 

That the application be Granted subject to the conditions stated in the report and the additional condition as stated above.

 

(Vote:  For 8, Against 1)

 

 

Councillor C Leather, on behalf of Northam Town Council, addressed the Committee objecting to the application

Mr M Rutland addressed the Committee objecting to the application

 

 

 

In accordance with the Council Constitution, it was proposed, seconded and –

 

Resolved:   That in view of the fact that 3 hours had elapsed since the meeting had commenced, that the meeting should continue.

 

(Vote:  For – Unanimous)

127e

Planning Application 1/1289/2017/FUL pdf icon PDF 217 KB

Demolition of existing buildings and erection of a single storey residential dwelling - Land West Of Deer Parks, Springfield, Hartland.

 

 

 

AFTERNOON SESSION – Commencing at 2pm

Minutes:

Application No. 1/1289/2017/FUL  -  Demolition of existing buildings and erection of a single storey residential dwelling - Land West Of Deer Parks, Springfield, Hartland.

 

Interests:   Councillor R Julian declared a personal interest – dual hatted – Hartland Parish Council

 

Officer recommendation:  Grant

 

 

The planning application had been called into Plans Committee by the Ward Member, Councillor Leaper, for the following reasons:

 

“The siting within the AONB, outside the Hartland Development Boundary and concerns regarding highway safety and visual impact”.

 

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

 

It was proposed by Councillor Brown, seconded by Councillor Davis that the application be deferred to enable a site visit to take place.

 

(Vote:  For 2, Against 7)

 

The motion was lost.

 

Following a brief debate, it was proposed by Councillor Hackett, seconded by Councillor Langmead that the application be approved.

 

Resolved:

 

That the application be Granted subject to the conditions as stated in the report.

 

(Vote:  For 8, Against 1)

 

 

Mr J Atkinson addressed the Committee objecting to the application

Mr P Leach addressed the Committee objecting to the application

Ms M Bailey addressed the Committee in support of the application

Mr P Yelland addressed the Committee in support of the application

127f

Planning Application 1/1165/2017/OUTM pdf icon PDF 385 KB

Outline application for erection of up to 143 dwellings, 1040 square metres of commercial freehold land for B1, B2 and B8 employment and public open space - Land At Grid Reference 249583 119849 (Former Meat Factory Site), Torrington, Devon.

Minutes:

The following Councillors had attended the site visit listed below:

 

Councillors: R Lock, M Brown, P Christie, K Davis, P Hackett, R Julian

and P Watson

 

 

Application No. 1/1165/2017/OUTM  -  Outline application for erection of up to 143 dwellings, 1040 square metres of commercial freehold land for B1, B2 and B8 employment and public open space - Land At Grid Reference 249583 119849 (Former Meat Factory Site), Torrington, Devon.

 

Interests:  Councillor Brown declared a personal interest – dual hatted – Gt Torrington Town Council

 

Officer recommendation:  Grant

 

 

The planning application had been called into Plans Committee by the Ward Member, Councillor Brown for the Committee to consider the sustainability of the site.

 

Prior to the presentation the Planning Officer informed Members of the following updates:

 

·         Environmental Protection had now removed their concerns regarding the adjacent site following confirmation that the applicant has an option to purchase the site.

 

·         Two further letters of representation had been received.

 

The Planning Officer presented the application and advised Members of the main planning considerations.

 

The issues/concerns raised during the debate included:

 

·         High percentage of affordable housing being offered – there was concern the Developers would wish to reduce this in the future.  The Planning Officer advised that for this to happen, the developers would need to have robust financial reasons.

·         Ongoing problems in Torrington with drainage and sewerage

·         Sustainability of the site – no shops nearby the site, no bus route

·         Infrastructure – doctors and schools etc. Unable to accommodate further development.

·         Insufficient play areas on the site

·         The involvement of Ward Members in discussions re S106 Agreement

 

It was accentuated by the Chair that Ward Members must be involved in discussions relating to the S106 Agreement.

 

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

 

It was proposed by Councillor Langmead, seconded by Councillor Brown that the application be refused.

 

A vote was taken on the first proposal by Councillor Hackett that the application be approved.

 

(Vote:  For 6, Against 3)

 

The motion was carried.

 

No vote was therefore taken on the second proposal.

 

Resolved:

 

That the application be Granted subject to the agreement of a S106 Agreement and conditions as stated in the report.

 

 

Mr B Webber addressed the Committee in support of the application

127g

Planning Application 1/0702/2017/OUT pdf icon PDF 317 KB

Outline application (with all matters reserved) for car park and associated access, landscaping and ancillary infrastructure (affecting a public right of way) - Land At Caddywell Lane, Torrington, Devon.

Minutes:

The following Councillors had attended the site visit listed below:

 

Councillors: R Lock, M Brown, P Christie, K Davis, P Hackett, R Julian

and P Watson

 

 

Application No. 1/0702/2017/OUT  -  Outline application (with all matters reserved) for car park and associated access, landscaping and ancillary infrastructure (affecting a public right of way) - Land At Caddywell Lane, Torrington, Devon.

 

Interests:  Councillor Brown declared a personal interest – dual hatted – Gt Torrington Town Council

 

Officer recommendation:   Grant

 

 

The planning application had been called into Plans Committee by the Ward Member, Councillor Brown, for the following reason:

 

“For the Committee to consider whether this proposal alleviates the problems associated with parking provision for the school with regard to the distance from it”.

 

The Committee were advised that this application must be considered on its own merits, although it is linked to the subsequent application

 

Prior to the presentation the Principal Planning Officer advised Members of the following update:

 

·         Five late representations objecting to the application.  No additional issues raised.

 

Two further matters were clarified by the Principal Planning Officer:

 

1.    A number of concerns raised in the representations related to the management of the car park.  A concern was also raised by the Police Liaison Officer.   Members when considering the application, may wish to include a Legal Agreement. 

 

2.    It is only the site location plan listed in the Plans Schedule in the report to be approved. 

 

 

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

 

During the debate it became evident that Members were minded to refuse the application.   The concerns raised were as follows:

 

·         This application being presented prior to the linked subsequent application.

·         No benefit of a car park in conjunction with the school. 

·         No proven need for a car park

·         Those taking children to school will not walk on the road to park in the car park, and will still park on the road closest to the school.

·         Privacy and the need for effective screening

·         Visibility and amenity

 

Members were reminded that should the decision be contrary to the recommendation in the report, the application would stand deferred for an Implications Report to be brought back to this Committee.

 

It was proposed by Councillor Langmead, seconded by Councillor Brown that the Committee was minded to refuse the application for the following reason:

 

“Contrary to Policies DVT17 and DVT18.”

 

(Vote:  For 8, Against 1)

 

The application remains to be determined, and will therefore, be brought back to a subsequent meeting of this Committee with an outline of the implications of a final decision that is contrary to officer recommendation.

 

 

Mr C Simkins addressed the Committee in support of the application

127h

Planning Application 1/0246/2017/OUTM pdf icon PDF 464 KB

Outline application for residential development of up to 181 dwellings and ancillary development, with vehicular access off Hoopers Way, Burwood Lane and Caddywell Lane (affecting a public right of way) - Land At Burwood Lane, Torrington, Devon

Minutes:

The following Councillors had attended the site visit listed below:

 

Councillors: R Lock, M Brown, P Christie, K Davis, P Hackett, R Julian

and P Watson

 

 

 

Application No. 1/0246/2017/OUTM  -  Outline application for residential development of up to 181 dwellings and ancillary development, with vehicular access off Hoopers Way, Burwood Lane and Caddywell Lane (affecting a public right of way) - Land At Burwood Lane, Torrington, Devon.

 

Interests:   Councillor Brown declared a personal interest – dual hatted – Gt Torrington Town Council

 

Officer recommendation:    Grant subject to legal agreement

 

 

The planning application had been called into Plans Committee by the Ward Member, Councillor Brown for the following reason:

 

“For the Committee to consider the DVT11 impact on amenity, DVT18 impact on development on traffic, DVT19 access and parking and DVT24 sewerage and drainage”.

 

 

Prior to the presentation Members questioned the need for this application to be presented in light of the Committee being minded to refuse the previous application.   The Principal Planning Officer stated that the previous decision does have implications for this site, but purely on highway grounds, and advised that this application must be considered on its own merits.

 

The Senior Solicitor reminded Members that the terms of reference for this Committee states that if a decision is contrary to the recommendation in the report, the application would come back to the next meeting for a final decision.

 

The Devon County Highways Officer addressed the meeting stating that the need for a car park was a matter identified by the applicant, and was not a matter that would affect Member decision on this application.

 

Members were informed of the following updates:

 

Additional representations received – no new issues raised

 

·         During the site visit Members had concerns with regard to black skies, loss of agricultural land and quality of land.  The applicant had asked for points of clarification.   In respect of dark skies the only one within the area is on Dartmoor.

 

·         The S106 now seeking 30% affordable housing.

 

·         Plans for approval – location plan and two highway plans, 2696.16 and 2696.14b

 

·         An update from Gt Torrington Town Council asking that a further meeting be reconvened, as the previous site visit took place on May Fair day.  It was explained that site visits are private meetings for Members of the Committee and Planning Officers only.

 

 

During the debate Members had concerns with regard to the provisional refusal of the previous application for the car park and questioned whether a car park could be provided within the development site.  The Planning Officer confirmed that this was possible, and would be included within the legal agreement.   The Senior Solicitor explained that the draft S106 Agreement required provision for a car park, but not necessarily the particular car park previously considered.  

 

The Principal Planning Officer also advised that the submission of two applications was a decision that the applicant had made, despite advice given by Officers for just one application.

 

The Devon County Highways Officer addressed the concerns raised by Members, in  ...  view the full minutes text for item 127h

127i

Planning Application 1/1105/2017/OUT pdf icon PDF 288 KB

Outline application for three dwellings with all matters reserved (REVISED INFORMATION) - Monkleigh Barton Barns, Monkleigh, Devon.

Minutes:

The following Councillors had attended the site visit listed below:

 

Councillors: R Lock, M Brown, P Christie, K Davis, P Hackett, R Julian

and P Watson

 

 

 

Application No. 1/1105/2017/OUT  -  Outline application for three dwellings with all matters reserved (REVISED INFORMATION) - Monkleigh Barton Barns, Monkleigh, Devon.

 

Interests:  None

 

Officer recommendation:   Grant

 

 

The planning application had been called into Plans Committee by Councillor P Pennington for Members to visit the site, and look to see if any improvement can be made to give more parking and improve highway issues with regard to the site.

 

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

 

During the debate the following issues/concerns were raised:

 

·         Highway safety due to increased traffic

·         The location of the school to the site and the safety of children

·         Impact of heavy vehicles during construction

·         On street parking issues

·         The number of car parking spaces both within the site and the layby

·         S106 Agreement for public car parking spaces if application approved at Reserved Matters application

 

The Devon County Highways Officer addressed the meeting and clarified his reasoning as to why it was felt the resultant highway issues are not considered to be “severe”, and why the application offered safe and suitable access.   He also addressed the issues raised and confirmed that Highways had no objections to the proposal put forward.

 

 

Councillor Christie left the meeting 16.45pm

 

 

During the debate Members requested an amendment to Condition 6, namely that the times which delivery and construction traffic will travel to and from the site be restricted to 10am – 1pm and 2pm – 3.30pm.  There should be no delivery vehicles  during the school start and finish times, including lunchtimes. 

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

 

Resolved:

 

That the application be Granted subject to the conditions as stated in the report, and an amendment to Condition 6 as stated above. 

 

(Vote:  For 5, Against 3) – 1 member out the room

 

 

Councillor M Read, on behalf of Monkleigh  Parish Council addressed the Committee objecting to the application

Mr M Devitt addressed the Committee in support of the application

Ms H Read addressed the Committee in support of the application

Ms E Brooks addressed the Committee in support of the application

Councillor P Pennington addressed the Committee

127j

Planning Application 1/0053/2018/LBC pdf icon PDF 193 KB

Infilling a Tuscan porch with glass panels - North Devon Maritime Museum, Odun House, Odun Road

Minutes:

Application No. 1/0053/2018/LBC  -  Infilling a Tuscan porch with glass panels - North Devon Maritime Museum, Odun House, Odun Road.

 

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

 

Officer recommendation:  Refuse

 

 

The planning application had been called into Plans Committee by Councillor P Pennington.

 

The Planning Officer presented the report and advised Members of the main planning considerations and the reasoning for the recommendation of refusal.

 

It became apparent during the discussions that Members considered the application was compliant with relevant policies.               .

 

The Senior Solicitor reminded Members that if the application was to be approved contrary to recommendation, the item would stand deferred so that an implications report can be brought to a subsequent meeting for a final decision to be made, in accordance with the Committee’s terms of reference.

 

It was proposed by Councillor Davis, seconded by Councillor Julian that the Committee was minded to approve the application.

 

(Vote:  For – unanimous)

 

The application remains to be determined, and will therefore, be brought back to a subsequent meeting with an outline of the implications of a final decision that is contrary to officer recommendation.

 

 

 

128.

Planning Decisions pdf icon PDF 218 KB

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 16 February 2018 to 27 April 2018.

 

 

Minutes:

Resolved:

 

That the Planning decisions for the period 16 February 2018 to 27 April 2018  be noted.