Agenda and minutes

Venue: Town Hall - Bridge Street, Bideford, EX39 2HS. View directions

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

Items
No. Item

1.

Minutes pdf icon PDF 123 KB

To receive the Minutes from the meeting held on 10 May 2018.

Minutes:

The Minutes of the meeting held on 10 May 2018 were agreed and signed as a correct record.

 

(Vote: For - Unanimous)

 

2.

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.

 

3.

Agreement of Agenda between Parts I and II

Minutes:

That the Agenda as circulated be agreed.

 

4.

Urgent Matters

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

Minutes:

There were no urgent matters, but the Chair reminded Members that the next Planning Evidence Gathering meeting will be held on 14 June 2018 at 2pm in Riverbank House, Bideford.

 

Members were also advised of a change of date for the September Plans Committee meeting.   The meeting will now be held on Thursday 13 September 2018 and not 6th September 2018.

5.

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.

 

6.

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, adding that public speaking does not apply to Implications Reports.

 

 

 

7.

Appeal Decisions Summary pdf icon PDF 75 KB

Appeal Decision Summary and Reports of Planning Inspectorate

 

Summary

 

Appeal Decision   1/0777/2017/FUL

Appeal Decision   1/1138/2016/OUTM

Appeal Decision   1/0736/2017/FUL

Appeal Decision   1/0413/2017/FUL

Appeal Decision   1/0128/2017/FUL

Additional documents:

Minutes:

The Principal Planning Officer referred Members to the Appeal decisions, in particular the decisions allowed by the Inspector, both of which are for annex accommodation.  Officers and Members should be mindful of the comments and reasons given by the Inspector when considering future applications for annex accommodation. The Principal Planning Officer also drew Members attention to an Inspector attaching substantial weight to Policy DVT2C. 

 

Following enquiries raised with regard to the weight to be attributed to the emerging Local Plan, clarification was given by the Senior Planning Policy Officer.

 

The Committee noted the Appeal Decisions.

 

8.

Costs on Appeals

There are no costs on Appeals

Minutes:

There were no Costs on Appeals.

9.

Delegated Decisions - AGMB Applications pdf icon PDF 54 KB

Minutes:

The Committee noted the Delegated Decisions.

 

10.

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.

10a

Planning Application 1/0256/2017/FULM pdf icon PDF 191 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:

IMPLICATIONS  REPORT

 

Application No. 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.

All Members declared they had received correspondence from both the applicant and objectors

 

Officer recommendation:  Grant subject to 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”.

 

The application was previously considered by the Committee at its meeting of 10 May 2018, where upon it was resolved that the Committee was minded to refuse the application.   The Committee must now consider an implications report outlining the implications, process and risks of a resolution to refuse planning permission, contrary to Officer recommendation. 

 

Members were informed of the following update:

 

Late representations received objecting to the application. 

 

The Planning Team Leader presented the Implications Report, including a suggested reason for refusal consolidating the reasons advanced by the Committee following its earlier consideration of the application.

 

The Senior Solicitor gave advice to the Committee and highlighted the likely risk associated with an unsubstantiated decision contrary to the recommendation.

 

During the debate the following matters were raised:

 

·         More emphasis to be placed on coalescence - replacing temporary with permanent accommodation

·         Density

·         Those Members in support of the application considered the application was not contrary to DVT2C.  They felt the proposal would bring economy to the area, and would enhance rather than detract from the character of protected landscapes.

 

The Planning Team Leader reminded Members that should the application be approved, Condition 7 (Landscaping) to be amended to remove the Tree Protection Plan and the Plan to be included in Condition 8.

 

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

 

Resolved:

 

That the application be Granted subject to the conditions stated in the report and an amendment to Conditions 7 and 8 as stated above.

 

(Vote:  For 4, Against 4)

 

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

 

The application was approved.

 

 

 

 

 

 

 

 

10b

Planning Application 1/0153/2018/FUL pdf icon PDF 191 KB

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

Minutes:

IMPLICATIONS REPORT

 

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 Davis – 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 by 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 application was previously considered by the Committee at its meeting of 10 May 2018, where upon it was resolved that the Committee was minded to refuse the application.   The Committee must now consider an implications report outlining the implications, process and risks of a resolution to refuse planning permission, contrary to Officer recommendation. 

 

The Principal Planning Officer 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.

 

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

 

Resolved:

 

That the application be refused for the reason as stated in the Implications Report.

 

(Vote:  For 6, Against 2)

 

10c

Planning Application 1/0702/2017/OUT pdf icon PDF 204 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:

IMPLICATIONS REPORT

 

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:  None

 

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 application was previously considered by the Committee at its meeting of 10 May 2018, where upon it was resolved that the Committee was minded to refuse the application.   The Committee must now consider an implications report outlining the implications, process and risks of a resolution to refuse planning permission, contrary to Officer recommendation. 

 

The Principal Planning Officer presented the report and reminded Members that, although linked to application 1/0246/2017/OUTM, this application stands on its own merits.     

 

When discussing the application those Members in support considered the refusal reasons given were not robust reasons, and highlighted the risks associated with an unsubstantiated decision contrary to the recommendation.

 

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

 

Resolved:

 

That the application be Granted in accordance with the Officers recommendation and subject to the conditions as stated in the report.

 

(Vote:  For 5, Against 3)

10d

Planning Application 1/0246/2017/OUTM pdf icon PDF 208 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:

IMPLICATIONS REPORT

 

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:   None

 

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”.

 

The application was previously considered by the Committee at its meeting of 10 May 2018, where upon it was resolved that the Committee was minded to refuse the application.   The Committee must now consider an implications report outlining the implications, process and risks of a resolution to refuse planning permission, contrary to Officer recommendation. 

 

The Principal Planning Officer presented the Implications Report which detailed each of the key points given by Members as reasons for refusing the proposal contrary to Officer recommendation. 

 

The main issues discussed were as follows:

 

·         The previous application for car parking having been approved.  Clarification was given by the Officer who reiterated that they are two separate applications.   The draft S106 Agreement required provision for a car park but not necessarily the one previously considered. 

 

·         Sewerage capacity in Gt Torrington  - Members were referred to the comments of South West Water and the recommendation of a pre commencement condition.

 

·         Concerns regarding access had been raised at the previous meeting, but had not been addressed in the Implications Report.   Advice was given by the Senior Solicitor. 

 

·         Paragraph 14 of the NPPF – this had been included in the refusal reason

 

It was proposed by Councillor Lock, seconded by Councillor Hackett that the application be refused for the reasons summarised in the Implications Report and the proposal not being in accordance with TDLP Policies DVT2C and DVT24.

 

Resolved:

 

That the application be refused for the reasons as stated above.

 

(Voted:  For 7, Against 1)

 

10e

Planning Application 1/0053/2018/LBC pdf icon PDF 85 KB

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

Minutes:

IMPLICATIONS REPORT

 

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 application was previously considered by the Committee at its meeting of 10 May 2018, where upon it was resolved that the Committee was minded to refuse the application.   The Committee must now consider an implications report outlining the implications, process and risks of a resolution to refuse planning permission, contrary to Officer recommendation. 

 

The Conservation Officer presented the Implications Report and outlined the reasoning for the recommendation of refusal.    She advised that further information had been required as the plans did not show the level of details expected.

 

If the application were to be approved, the concerns expressed by the  Conservation Officer and agreed by Members, was in relation to the porch becoming “cluttered” and posters being attached to the glass.   This would impact on the visual appearance of the Museum and other Listed Buildings adjacent within the conservation area. Members requested that additional conditions be imposed stating that the entrance area must remain clear at all times and the glass to remain untouched and clear of posters etc.

 

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

 

Resolved:

 

That the application be Granted subject to the conditions stated in the Implications Report and the additional condition stated above.

 

(Vote:  For – Unanimous)

 

10f

Planning Application 1/0088/2018/LA pdf icon PDF 259 KB

New public entrance, internal alterations to ground floor and infill ground floor office extensions under first floor cantilevered overhang - Torridge District Council, Riverbank House, Bideford

Minutes:

Application No. 1/0088/2018/LA  -  New public entrance, internal alterations to ground floor and infill ground floor office extensions under first floor cantilevered overhang - Torridge District Council, Riverbank House, Bideford

 

Interests:  All Councillors declared an interest as elected Members of the Council

 

Councillors Christie and Langmead declared personal interests – dual hatted – Bideford Town Council

 

Officer recommendation:   Grant subject to conditions

 

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

 

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

 

During the brief debate that followed, Councillor Langmead referred to the additional staff to be located at Riverbank House, and asked if South West Water had been consulted with regard to drainage issues and the capacity of the pumping station nearby.  It was confirmed by the Planning Officer that South West Water had not been consulted on this application as it had been considered there would be no significant increase.  It was agreed that Officers would contact South West Water to obtain their views on the concerns raised.  

 

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

 

Resolved: 

 

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

 

(Vote:  For – Unanimous)

10g

Planning Application 1/0241/2018/FUL pdf icon PDF 420 KB

Residential development comprising 6 dwellings with associated parking and diversion of sewers - Affecting a Public Right of Way) (Revision to permission 1/0505/2017/FUL) - Land At Grid Reference 250289 119755, Crowbeare Meadow, Torrington

Minutes:

 

Application No. 1/0241/2018/FUL  -  Residential development comprising 6 dwellings with associated parking and diversion of sewers - Affecting a Public Right of Way) (Revision to permission 1/0505/2017/FUL) - Land At Grid Reference 250289 119755, Crowbeare Meadow, Torrington

 

Interests:  None

 

Officer recommendation:  Grant

 

The planning application had been called into Plans Committee by the Ward Member, Councillor Brown, for Members to consider whether the proposal causes issues in terms of overdevelopment, design and traffic.

 

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

 

·         Two late representations received

·         An amendment to the report page 80 as follows –

 

“Recommendation – Grant  - to amend under “Legal Agreement”. 

No education contribution being sought, but to include a contribution of £9,011 for play provision at Kingsmead”.

 

Following the update an explanation was given as to why no educational contribution had been sought from Devon County Council.

 

The Planning Officer presented the report and advised Members of the main planning considerations.  A detail of the history to the site was given.

 

Members raised the matter of sewerage issues within Gt Torrington and the further demand on the pumping station, and enquired as to whether a condition could be imposed stating that no development to commence until such time as the issues are addressed.  The Planning Officer confirmed that it would be difficult to include a condition as South West Water had raised no objections. 

 

It was agreed that South West Water be invited to a Planning Evidence Gathering meeting to discuss the issues in Gt Torrington.

 

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

 

 

Resolved:

 

That the application be Granted subject to the conditions stated in the report and the amendment to the Legal Agreement as stated above.

 

(Vote:  For – Unanimous)

 

 

 

 

 

 

 

 

11.

Planning Decisions pdf icon PDF 76 KB

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 27 April 2018 to 25 May 2018.

 

 

 

Minutes:

RESOLVED

 

That the Planning decisions for the period 27 April 2018 and 25 May 2018

be noted.