Agenda and draft minutes

Venue: Virtual Meeting via Zoom with Public Access via YouTube https://tinyurl.com/TorridgeYouTube ouT

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

Media

Items
No. Item

33.

Minutes pdf icon PDF 205 KB

To receive the Minutes from the meeting held on 6 August 2020.

Minutes:

It was proposed by Councillor Watson, seconded by Councillor Lock and –

 

Resolved:

 

That the Minutes of the meeting held on 6 August 2020 be agreed and signed as a correct record.

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

X

 

Cllr P Christie

X

 

 

Cllr R Craigie

X

 

 

Cllr C Leather

X

 

 

Cllr R Lock

X

 

Cllr D McGeough

X

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

 

(Vote: For - Unanimous)

 

34.

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.

 

35.

Agreement of Agenda between Parts I and II

There are no Part II items.

Minutes:

The Committee was informed that following negotiations with the Agent and Applicant, application no. 1/1054/2019/FUL – Proposed temporary live/work unit at Ruby Oak Park, Brandis Corner, Holsworthy – had been withdrawn from the Agenda.   The application to be resubmitted with additional information.

36.

Urgent Matters

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

Minutes:

There were no urgent matters, but the Chair advised there would be a thirty minute break at the conclusion of Application No. 1/0041/2009/OUTM. 

37.

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.

 

38.

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.

 

 

38a

Application No. 1/0407/2019/FULM pdf icon PDF 212 KB

Residential Development for 40 Dwellings including demolition of one dwelling for creation of new access (affecting public right of way) - Land Adjacent To Marshalls Mead, Beaford, Devon.

Minutes:

The following Councillors had attended the virtual site visit:

 

Councillors: C Leather, M Brown, R Boughton, P Christie, R Craigie, R Lock, P Watson and R Wiseman

 

 

 

Application No. 1/0407/2019/FULM  -  Residential Development for 40 Dwellings including demolition of one dwelling for creation of new access (affecting public right of way) - Land Adjacent To Marshalls Mead, Beaford, Devon.

 

Interests:   Councillor Lock declared a personal interest – Beaford Parish Council is in her Ward, but she attended with an open mind.

 

Officer Recommendation:   Grant

 

The planning application had been referred to Plans Committee as the applicant is related to a member of Torridge District Council staff.

 

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

 

·         Late representations objecting to the application and one neutral representation.

 

·         The actual number of objections are higher due to a petition received (classed as one objection) making total 86 (Where the content of the objection is the same and 1 document is signed, TDC record this as a petition and register it under the main signatory.)

 

·         Devon County Highways Officer also received objections to the application re parking on the highway, but are still recommending approval.

 

·         The agent had confirmed that 4 affordable to buy dwellings could be provided in place of the suggested and offered financial contribution's set out in the committee report.

 

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

 

When debating the application, matters raised and discussed included: 

 

Affordable housing – Members had concerns with the number of affordable dwellings proposed.   The Development Manager clarified the position regarding the viability of the site and the unusual costs associated with the development.  Evidence to support the position had been received by the Authority and had been assessed by the District Valuer, who had concluded  the development cannot viably deliver affordable units.   Due to the current economic uncertainty this to be kept under review.

 

The Committee recommended that that there be no off site contributions, but instead affordable units be developed.

 

Highway issues including loss of parking on the highway.  The Devon County Highways Officer addressed the points raised and explained that his previous concerns had now been resolved.  Regarding the loss of parking on the highway, he cited Highway Law to Members.   The proposal provides for car parking for the school and for the village.

 

 

It was proposed by Councillor McGeough, seconded by Councillor Watson that the application be approved, subject to the recommendation as stated above.

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

X

 

Cllr P Christie

X

 

 

Cllr R Craigie

X

 

Cllr C Leather

X

 

 

Cllr R Lock

X

 

Cllr D McGeough

X

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

 

(Vote:  For 8, Against 1)

 

RESOLVED:

 

That the application be Granted subject to the amendment as stated above and the Conditions as set out in the report. 

 

 

The Development Manager read to the meeting statements received from Mr Blaney  ...  view the full minutes text for item 38a

38b

Application No. 1/0041/2009/OUTM pdf icon PDF 357 KB

Residential redevelopment of former commercial brownfield site comprising up to 96 residential units including affordable homes, improved off site access road and footways, traffic lights and calming measures, drainage arrangements and flood protection measures, wetland area, raising and lowering of ground levels, landscaping, local equipped area of play, youth shelter and car park. (Amended Plans) - Ground Plant, Nuttaberry, Bideford.

 

30 MINUTE BREAK

 

Minutes:

The following Councillors had attended the virtual site visit:

 

Councillors: C Leather, M Brown, R Boughton, P Christie, R Craigie, R Lock, P Watson and R Wiseman

 

 

 

Application No.1/0041/2009/OUTM  -  Residential redevelopment of former commercial brownfield site comprising up to 96 residential units including affordable homes, improved off site access road and footways, traffic lights and calming measures, drainage arrangements and flood protection measures, wetland area, raising and lowering of ground levels, landscaping, local equipped area of play, youth shelter and car park. (Amended Plans) - Ground Plant, Nuttaberry, Bideford

 

Interests:   Councillor Christie declared a personal interest – dual hatted – Bideford Town Council

 

Officer Recommendation:   Grant subject to a Legal Agreement

 

The planning application had been called in for consideration by the Plans Committee by former Councillor Church (call in dated February 2009) for the following reasons:

 

“Access, particularly along Torrington Street.   Residents living in this street already experience great difficulties with heavy traffic, including lorries travelling back and forth from the industrial area.   This development would add to these problems”.

 

Prior to the presentation the Principal Planner gave the following update :

 

Comments had been received from two of the Ward Members on the Section 106 priorities (i.e. should we be securing affordable housing on site or contribution towards education/highways). 

 

‘Since finalising the Officer’s report comments have been received from the third Ward Member, as follows: I would rather see no affordable housing if it meant the local infrastructure could be improved. More housing with no infrastructure uplift isn’t really viable.

I have asked for clarification as to whether there are any specific elements of infrastructure which the ward Member would like to see improved however have received no reply.’ 

The Principle Planner presented the report and advised Members of the main planning considerations.

 

When debating the application, the following issues/concerns were raised:

 

·         Contamination on the site – former industrial use and was an ammunition dump.

 

·         Low % of affordable housing being offered.

 

·         Access – Torrington Street is very narrow.   To come around Nuttaberry corner onto Torrington Street cannot see traffic coming from the right.  No safe access from the site to the school – 96 homes with access through industrial area and building supply business or walking on the unlit Tarka Trail.

 

The Devon County Highways Officer responded to the concerns raised and questions asked.

 

The Development Manager addressed the highway concerns and referred to the relevant policies, reading to the meeting DM05 (i),

 

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

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

X

Cllr P Christie

X

 

Cllr R Craigie

X

 

Cllr C Leather

X

 

Cllr R Lock

X

 

Cllr D McGeough

X

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

 

(Vote:  For 5, Against 4)

 

 

The Development Manager read to the meeting a statement from Mr J Blaney in support of the application.

38c

Application No. 1/0460/2020/FUL pdf icon PDF 168 KB

Residential development of 3 dwellings and associated works - Land To The West Of Hampton Park, Raleigh Hill, Bideford.

Additional documents:

Minutes:

The following Councillors had attended the virtual site visit:

 

Councillors: C Leather, M Brown, R Boughton, P Christie, R Craigie, R Lock, P Watson and R Wiseman

 

 

 

Application No. 1/0460/2020/FUL  -  Residential development of 3 dwellings and associated works - Land To The West Of Hampton Park, Raleigh Hill, Bideford

 

Interests:   None

 

Officer Recommendation:    Grant

 

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

 

“An almost identical application has twice been refused at Plans Committee and at two Appeal Hearings”.

 

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

 

During the debate the following issues/concerns were raised:

 

·         Two previous applications have been refused both by Plans Committee and at Appeal

 

·         Site being in the open countryside - open fields on three sides

 

·         No Maintenance and Management Agreement in place – refusal reason on the previous application.  The Development Management Team Leader clarified the Agreement would form part of the Unilateral Undertaking.  Should this application be approved, the draft Agreement would be finalised prior to the decision being issued.

 

·         Previous application dismissed on Appeal because the Authority had 5 Year Land Supply – there is now no 5 Year Land Supply.  The Development Manager clarified that applications are not “rubber stamped” because of the lack of a 5 Year Land Supply, and consideration must be given to the tilted balance as stated in the NPPF.

 

The Development Manager sought refusal reasons from the Committee if minded to refuse the application.   Councillor Christie recommended the following reasons:

 

“Development in the open countryside and tilted balance”.

 

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

 

A recorded vote

 

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

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

X

Cllr P Christie

X

 

 

Cllr R Craigie

X

Cllr C Leather

X

 

 

Cllr R Lock

X

Cllr D McGeough

X

Cllr P Watson

X

 

Cllr R Wiseman

X

 

 

(Vote:  For 3, Against 5, Abstentions 1)

 

The motion was lost.

 

 

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

 

A recorded vote was taken.

 

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

Cllr M Brown

X

Cllr P Christie

X

 

Cllr R Craigie

X

Cllr C Leather

X

 

Cllr R Lock

X

 

Cllr D McGeough

X

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

 

 (Vote:  For 4, Against 4, Abstentions 1)

 

The Chair used his casting vote to refuse the motion.

 

 

RESOLVED:

 

That the application be refused subject to the reasons as stated above.

 

 

The Development Manager read to the meeting a statement from M Jordan objecting to the application.

 

38d

Application No. 1/0398/2020/FUL pdf icon PDF 58 KB

Construction of 1no. Dwelling (Re-submission of 1/0453/2019/FUL) - Bramber, Raleigh Hill, Bideford.

Minutes:

The following Councillors had attended the virtual site visit:

 

Councillors: C Leather, M Brown, R Boughton, P Christie, R Craigie, R Lock, P Watson and R Wiseman

 

 

Application No. 1/0398/2020/FUL  -  Construction of 1no. Dwelling (Re-submission of 1/0453/2019/FUL) - Bramber, Raleigh Hill, Bideford

 

Interests:   None

 

Officer Recommendation:    Grant

 

The planning application had been called into Plans Committee by Councillor Manley if Officer’s were minded to approve for reasons relating to overlooking and amenity harm.

 

Prior to the presentation the Committee were advised of the following update:

 

·         Two late representations objecting to the application

 

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

 

Following concerns regarding landscaping and overlooking, the Development Manager clarified this issue.  He referred to Condition 4 which had been imposed, requiring full details of landscaping to be submitted to the Local Authority prior to occupation.  This ensured the Local Authority would be in control of species, type and size at time of planting.

 

It Was proposed by Councillor Leather, seconded by Councillor Watson that the application be approved.

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

X

 

Cllr P Christie

X

 

Cllr R Craigie

    X

 

Cllr C Leather

X

 

 

Cllr R Lock

X

 

Cllr D McGeough

X

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

 

(Vote:  For 7, Against 2)

 

Mr A Jones addressed the Committee objecting to the application

Mr H Cobb addressed the Committee objecting to the application

38e

Application No. 1/0457/2020/FUL pdf icon PDF 79 KB

Removal of condition 4 pursuant to permission 1/0146/2019/FUL - Time Restriction - Building At Grid Reference 231879 113378, Bradworthy, Devon.

Minutes:

Application No. 1/0457/2020/FUL  -  Removal of condition 4 pursuant to permission 1/0146/2019/FUL - Time Restriction - Building At Grid Reference 231879 113378, Bradworthy, Devon.

 

Interests:   None

 

Officer Recommendation:    Refuse

 

 

The planning application had been called into Plans Committee by Councillor Dart, if Officer’s were minded to refuse, for the following reasons:

 

“The advantages of being able to use this site for storage, in conjunction with HJ Wickett & Co are lost owing to the imposed conditions on time restriction.

 

Whilst I appreciate there is one residential property situated adjacent to this site and net to the main road, it is important that ALL implications on the entire village and surrounding area are considered during determination of this application.

 

Any refusal decision taken in respect of this application, could have wider implications on the amenities within the rural village of Bradworthy, and ultimately, the delicate economy therein.”

 

 

The Committee were informed of the following updates:

 

·         Two late representations in support of the application.

·         An additional letter was read to the meeting (omitting paragraphs containing personal comments)

 

The Development Management Team Leader presented the report and advised Members of the main planning considerations and the reasoning for the recommendation of refusal.   The Committee were reminded that the Time Restriction Condition had been imposed on two previous applications (2016 and 2019).

 

 

In accordance with the Constitution it was proposed by Councillor Leather, seconded by Councillor Lock -

 

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

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

X

 

Cllr P Christie

X

 

 

Cllr R Craigie

X

 

Cllr C Leather

X

 

 

Cllr R Lock

X

 

Cllr D McGeough

X

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

 

(Vote:   For – unanimous)

 

 

When considering the application, Members felt the detrimental impact on the neighbouring property was limited, and by lifting the Condition recovery vehicles and customers cars would not be parking in the Square in Bradworthy and would free up car parking spaces.

 

It became evident that Members were minded to approve the application, and Councillor Lock recommended the following reasons for approval:

 

“Policy ST07 and NPPF Paragraph 83”.

 

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

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

X

 

Cllr P Christie

X

 

 

Cllr R Craigie

X

 

Cllr C Leather

X

 

 

Cllr R Lock

X

 

Cllr D McGeough

X

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

 

(Vote:  For – Unanimous)

 

 

The Development Manager read to the meeting a statement from V Prance in support of the application

Councillor Dart, Ward Member, addressed the Committee.

38f

Application No. 1/1054/2019/FUL pdf icon PDF 110 KB

Proposed temporary live/work unit - Ruby Oak Park, Brandis Corner, Holsworthy.

Minutes:

Application No. 1/1054/2019/FUL  -  Proposed temporary live/work unit - Ruby Oak Park, Brandis Corner, Holsworthy

 

Interests:

 

Officer Recommendation:    Refuse

 

 

 

As advised under Agenda item 4, the application had been withdrawn following discussions with the Agent.  The application to be resubmitted with further information.

 

           

Councillor McGeough left the meeting.

39.

Appeal Decisions Summary pdf icon PDF 6 KB

Appeal Decision Summary and Reports of Planning Inspectorate

 

Summary

 

Application No:         1/0433/2019/FUL – Land at Reeds Farm, Beaford, Devon

 

Appeal Decision       Allowed

Additional documents:

Minutes:

The Committee noted the Appeal Decisions.

 

40.

Costs on Appeals

There are no Costs on Appeals.

Minutes:

There were no Costs on Appeals.

41.

Delegated Decisions - AGMB Applications pdf icon PDF 165 KB

Minutes:

The Committee noted the Delegated Decisions.

 

42.

Planning Decisions pdf icon PDF 56 KB

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 23 July 2020 – 20 August 2020

Minutes:

RESOLVED

 

That the Planning decisions for the period 23 July 2020 – 20 August 2020 be noted.