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To receive the Minutes from the meeting held on 13 September 2018
The Minutes of the meeting held on 13 September 2018 were agreed and signed as a correct record.
(Vote: For - Unanimous)
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.
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.
Agreement of Agenda between Parts I and II
That the Agenda as circulated be agreed.
Information to be brought forward with the permission of the Chair.
There were no urgent matters but the Chair reminded the Committee of the Joint Full Council meeting to be held on 29 October 2018 at the Pier House, Westward Ho! The Chair will advise Members of the date of the next Planning Evidence Gathering meeting in due course.
Future Site Visits
The Chair to advise the Committee of any future site visits.
The Chair informed the Committee that there were currently no site visits planned.
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.
The Chair advised the Committee and members of the public of the details in respect of the Council’s public participation scheme.
Appeal Decision Summary and Reports of Planning Inspectorate
Appeal Decision – Application No. 1/0472/2017/OUT
Appeal Decision – Application No. 1/0872/2017/OUT
Appeal Decision – Application No. 1/1148/2017/OUT
The Committee noted the Appeal Decisions.
Costs on Appeals
There were no Costs on Appeals.
The Committee noted the Delegated Decisions.
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.
Prior to the presentation of the planning applications, the Chair asked that respect be shown for the view of the speakers, even if their views differed.
Conversion and extension of outbuilding for live work unit (Resubmission of 1/1213/2017/FUL) - Outbuilding To The Former Ruston House, Bucks Cross, Devon.
The following Councillors attended the site visit:
Councillors : R Lock, M Brown, P Christie, P Hackett, M Langmead, R Julian,
J Langton-Lockton and P Watson
Application No. 1/0670/2018/FUL - Conversion and extension of outbuilding for live work unit (Resubmission of 1/1213/2017/FUL) - Outbuilding To The Former Ruston House, Bucks Cross, Devon.
Interests: Councillor Julian declared a prejudicial interest – predetermination – 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 the Ward Member, Councillor R Julian, if minded to recommend refusal under delegated powers. The reasons given were that the amended application appeared to have taken into consideration comments made by Members at a previous Plans Committee, most notably better highway visibility.
Prior to the presentation of the application Members were informed of the following update:
Amendment to the report – Refusal reason 1 – 108 of the NPPF not 109.
Additional policies to be included DVT18 and DVT19 and DM05 of the new Local Plan.
The Planning Consultant for the Authority presented the report and advised Members of the main planning considerations and the reasoning for the recommendation of refusal.
During the debate the main concern raised by Members was highway safety and the visibility splays at the site access. It was acknowledged that although the proposal included improvement works to the splays, the requirements for visibility in both directions could not be met.
Councillor Watson referred to the dwellings who use the existing access and stated that he did not feel that any additional traffic movements from this proposal would have further impact on highway safety. The Devon County Highways Officer addressed the meeting and clarified the reasons as to why they had objected to the scheme.
The Chair, Councillor Lock, referred Members to the comments of the Devon County Highways team who considered the proposal to provide a “severely” substandard access.
The Committee also discussed the sustainability of the site which is located in the open countryside.
It was proposed by Councillor Brown, seconded by Councillor Hackett that the application be refused in line with Officer recommendation.
(Vote: For 4, Against 4) – one Member away from the table
The Chair, using a casting vote, voted against the application.
The application was refused.
C Luckett addressed the meeting in support of the application
Councillor Julian, Ward Member, addressed the meeting
Outline application (with all matters reserved except access) for the erection of up to 260 dwellings with public open space, landscaping and sustainable drainage system (SuDS) and two vehicular access points from Abbotsham Road (AMENDED INFORMATION including enlargement to red edge and reduction in number of proposed dwellings) - Land North Of Abbotsham Road, Abbotsham, Devon.
The following Councillors attended the site visit:
Councillors : R Lock, M Brown, P Christie, P Hackett, M Langmead,
J Langton-Lockton and P Watson
Application No. 1/0605/2017/OUTM - Outline application (with all matters reserved except access) for the erection of up to 260 dwellings with public open space, landscaping and sustainable drainage system (SuDS) and two vehicular access points from Abbotsham Road (AMENDED INFORMATION including enlargement to red edge and reduction in number of proposed dwellings) - Land North Of Abbotsham Road, Abbotsham, Devon.
Interests: Councillors Langmead and Christie declared personal interests – dual hatted – Bideford Town Council
Officer recommendation: Grant subject to Legal Agreement
The planning application had been called into Plans Committee by Councillor P Christie for the following reason:
“The development is not in the Local Plan. It is in a Critical Drainage Area of Kenwith Valley”.
Councillor Christie advised the Committee that although he had called the application into Plans Committee, he was not the Ward Member as was stated in the report.
Prior to the presentation the following updates were given:
· Additional 3 letters of representation
Amendments to the report as follows:
· Page 38 – The development site is 19 hectares in total with Badgers Hill Wood included
· Page 48 - The proposal is now for 260 dwellings not 276. DCC Education re-calculated that there would be 65 primary school pupils and 39 secondary pupils
· Page 54 - SWW now funding capacity upgrading and not the applicant, therefore Condition 15 to be deleted
· Page 61 - Additional Policy – DMO8 of the NDTLP
· Page 63 - Paragraph 11 of the NPPF, not Para 8, therefore third paragraph should be deleted
· Page 72 – The application site is a greenfield site and adjacent to the development boundary for Bideford
The Planning Team Leader presented the report and informed Members of the main planning considerations.
The Devon County Highways Officer addressed the meeting and gave details of all improvements and contributions asked for and agreed in relation to highway issues. He responded to the following matters raised by the Committee:
· Widening of the footpaths and the moving of hedgerows – footpaths to be approximately double the width of existing. Highways have asked for a speed limit to be imposed (30 mph).
· Closure of Scratchy Face Lane – the reasoning for this would be to provide a secondary access for cyclists and pedestrians. This is subject to a Traffic Order.
During the lengthy debate the following issues/concerns were raised:
· Development site not in the Local Plan
· Sustainability – does not meet the criteria of the NPPF
· Flood Risk – the volume of runoff into the Kenwith catchment area
· Environmental impact –
a) Visual impact – will be very intrusive.
b) Woods – the controlled public access
· Ecology – removal of hedgerows, Kenwith nature reserve to the east of the site, north of the site is also a nature reserve, wildlife corridor and badger sets in the woods.
· Affordable Housing - below the policy requirement of ... view the full minutes text for item 55b
List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 31st August 2018 to 25th September 2018.
That the Planning decisions for the period 31 August 2018 and 25 September 2018 be noted.