Agenda and draft minutes

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

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

Items
No. Item

58.

Apologies For Absence

To receive apologies of absence from the meeting.

Minutes:

There were no apologies for absence.

59.

Minutes pdf icon PDF 218 KB

To receive the Minutes from the meeting held on 1st October 2020

Minutes:

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

 

Resolved:

 

That the Minutes of the meeting held on 1 October 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)

 

60.

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.

 

61.

Agreement of Agenda between Parts I and II

Minutes:

The Agenda as circulated was agreed.

 

62.

Urgent Matters

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

Minutes:

Councillor Christie referred to a reapplication in relation to the development of 290 houses on a field in Bideford.  The original application had been refused by the Plans Committee.  The new application would not automatically come before the Plans Committee; it would have to be called in.  Councillor Christie asked for clarification on the parameters for officers to bring an application straight to the Plans Committee without having been called in by a councillor.

 

The Development Manger responded that the constitution did not state that major planning applications have to automatically go to committee; an application would require a call in and there was an element of discretion for the Development Manager to call in applications of strategic importance or those likely to be contentious.  He confirmed that this particular application had been called in previously and he would expect the application to be called in again if members had concerns about it.

63.

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.

 

It was noted that virtual sites visits were working well.

64.

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.

 

65.

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.

 

 

 

65a

Application No 1/0542/2020/FUL pdf icon PDF 322 KB

Erection of four holiday lodges – Land at Grid Reference 252226 123009 Huntshaw, 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. 1/0542/2020/FUL- Erection of four holiday lodges – Land at Grid Reference 252226 123009 Huntshaw, Devon

 

Interests:   Councillor Lock declared a personal interest as Ward Member but attended with a clear and open mind.

 

Officer Recommendation:   Refuse

 

The planning application had been called into planning committee by Councillor Rosemary Lock. The reason being, to enable the plans committee to consider if this was sustainable tourism under policy ST13 of the NDTLP, and conformed with policies DM15, DM16 and DM18.

 

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

 

The applicants had submitted a letter from an accountant giving a summary income and had asked that members be updated.  The accounts showed that the site is in receipt of a woodland grant and RPA grant for the woodland area, alongside the applicants’ pension.  The accountants noted this entitled them to a “farmer rate”, however, this was for accounting purposes, not planning.  It was suggested the accounts indicated that there were no agricultural activities onsite as per the officer report and that the site was used solely for equestrian and forestry purposes.

 

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

 

During the debate the following observations were made:

 

·         Members felt the proposal did indeed relate to agriculture, specifically forestry and the history of the site clearly demonstrated diversification.  (DM18.)

·         High quality tourism development that promotes a year-round industry will be supported – Policy ST13 (Sustainable Tourism)

·         The lodges fit in well with TDC’s green tourism policy and boost the local economy

·         The development would not damage the natural or historic assets of northern Devon - Policy ST13 (Sustainable Tourism)

·         The application met the economic and environmental objectives of the NPPF – 8 a) and c)

·         The proposed development would support a prosperous rural economy - NPPF 82 a) - c)

·         Nobody wished to see the trees cut down

 

The Planning Officer clarified the definition of agriculture in terms of planning, referring members to point 1.9 of the report and highlighting that forestry was specifically excluded, unless it was ancillary to an agricultural purpose.

 

Members discussed if ‘Foxdown Woods’ could be considered as a leisure facility due to them being available for enjoying leisure activities such as walking and nature watching in accordance with DM17. In addition, the proposed lodges could be considered directly related to the Foxdown Woods leisure facility, which justifies its countryside location in accordance with DM18.

 

The Planning Officer indicated this would not be an unreasonable approach. 

 

The Development Manager advised members of some of the conditions they might like to consider if they were minded to approve the application: -

 

·         Standard time condition

·         Standard plans condition

·         A condition to ensure net gain from the development

·         Standard holiday occupancy condition to ensure the lodges are not occupied permanently

·         Removal of  ...  view the full minutes text for item 65a

65b

Application No 1/0488/2020/FUL pdf icon PDF 457 KB

Outline application for the erection of 1 no dwelling with all matters reserved – Land adjoining Sunny View, Milton Damerel, Holsworthy, Devon, EX22 7DH

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 1/0488/2020/FUL - Outline application for the erection of 1 no dwelling with all matters reserved – Land adjoining Sunny View, Milton Damerel, Holsworthy, Devon, EX22 7DH

 

 

Interests:        None

 

Officer Recommendation:  Refuse

 

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

 

“The site is an infill site between a barn conversion and an existing property known as Sunnyview, and that, whilst the site is in open countryside, it is part of a larger settlement that is within easy walking distance to the village hall and shop”.

 

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

 

The Development Management Team Leader responded to the matters raised by the speaker.  He confirmed that the authority was not able to demonstrate a 5-year land supply, and that it was important that a tilted balance be undertaken, and this had been considered in the officer’s report.  In terms of easily walkable destination, he clarified that access to the local facilities was via unlit, unpaved roads.

 

Members put forward the view that the proposed development was infill within a hamlet and the site was not located in the open countryside.  The Development Management Team Leader reiterated the glossary definition of countryside and added that there was no infill policy within the Local Plan. 

 

Councillor Leather referred to ST07 Spatial Development Strategy for North Devin’s rural areas (4) In the Countryside, beyond Local Centres, Villages and Rural Settlements, development will be limited to that which is enabled to meet local economic and social needs, rural building reuse and development which is necessarily restricted to a Countryside location

 

Planning advice was given by the Development Manager with regard to the tilted balance and the weight given to specific elements.  Members may wish to consider the weighting in relation to:

 

·         The site being well related to a group of existing dwellings and

·         Paragraph 78 of the NPPF relating to rural housing in this type of location

 

 

The Development Management Team Leader suggested, should members wish to grant planning permission, they may wish to add the following conditions:

 

·         The approval of reserved matters at a later date

·         A time limit condition

·         A plans list condition that the development shall be undertaken in accordance with the plans

·         A limit on the construction works times, given the proximity of existing dwellings to the site

·         Standard condition requiring biodiversity and net gain (the installation of a bird or bat box in the dwelling)

·         Standard condition about contaminated land

·         Detailed design of foul water drainage

 

The Development Management Team Leader asked that, if members were minded to grant the application subject to the conditions above, the wording of the conditions be delegated to officers in conjunction with the Chair and Vice Chair.

 

Councillor Watson asked that 2-year rule  ...  view the full minutes text for item 65b

65c

Application No 1/0566/2020/FUL pdf icon PDF 490 KB

Demolition and replacement of dwelling (resubmission of 1/0464/2020/FUL) – Ithaca, Torridge Road, Appledore, Bideford, Devon, EX39 1SQ

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 1/0566/2020/FUL - Demolitionandreplacementof dwelling(resubmission of 1/0464/2020/FUL)– Ithaca, TorridgeRoad,Appledore,Bideford,Devon,EX39 1SQ

 

 

Interests:        None

 

Officer Recommendation:  Grant

 

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

 

“The proposed development is not ‘in keeping’, is ‘over developed’ and there is the ‘possible overlooking’ with regard to Westbrook.”

 

A verbal update was provided:

 

Page 32 of the report - The 2016 planning permission is not extant; it was never implemented but it was approved and is therefore a material consideration.

 

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

 

Councillor Christie reported that he had taken a call from Councillor Ford, Ward Member, asking that, if the committee were minded to grant the application, it be stipulated that the delivery lorries are not permitted to be in the vicinity whilst the school busses operate in that area. 

 

The Development Manager addressed members’ concerns and observations as follows:

 

The Government had advised, in relation to the Coronavirus, that local planning authorities should be seeking to extend construction times to 9 pm, albeit there was a caveat in that the local authority could exercise discretion and this had been exercised in this case where the finish time had been set at 7.00pm.  If the committee felt there was unacceptable impact to the surrounding area, this could be further reduced to 5 pm but to exclude Saturdays would be unreasonable. 

 

With regard to construction traffic and school busses, a construction management plan could be included with conditions relating to wheel washing and implications of the wider construction period to protect neighbouring amenity and the use of the highway.

 

It was noted that a condition relating to the height of the fence would not be a reasonable condition, as this fell within permitted development.

 

The committee agreed that the wording of the conditions be delegated to officers in conjunction with the Chair and Vice Chair.

 

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

 

Resolved:

 

That the application be approved subject to the amendment of the time condition and the addition of a condition requiring restrictions on times of delivery traffic movements.

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

Cllr M Brown

X

 

Cllr P Christie

X

 

 

Cllr R Craigie  ...  view the full minutes text for item 65c

66.

Appeal Decisions Summary pdf icon PDF 184 KB

Appeal Decision Summary and Reports of Planning Inspectorate

 

Summary

 

Application No. 1/0767/2019/FUL – High Bullen Garage

Application No. 1/0770/2019/OUTM – Land to the East of Galway, Stibb Cross

Application No. 1/0609/2019/CPL – Highford Farm, Higher Clovelly

 

Appeal Decision

 

 

Additional documents:

Minutes:

The Committee noted the Appeal Decisions.

 

67.

Costs on Appeals pdf icon PDF 91 KB

Application No. 1/0609/2019/CPL – Highford Farm, Higher Clovelly, Bideford

Minutes:

The Committee noted the costs on Appeals.

68.

Delegated Decisions - AGMB Applications pdf icon PDF 167 KB

Minutes:

The Committee noted the Delegated Decisions.

 

69.

Planning Decisions pdf icon PDF 301 KB

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 18.09.2020 to 22.10.2020.

 

 

Minutes:

The planning decisions for the period 18 September - 22 October 2020 were noted.