Agenda and draft minutes

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

Items
No. Item

94.

Minutes pdf icon PDF 192 KB

To receive the Minutes from the meeting held on 12 January 2022.

Minutes:

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

 

Resolved:

That the Minutes of the meeting held on 12 January 2022 be agreed subject to the following amendments:

 

Application No. 1/0509/2021/REM

Recorded vote – Councillor Brown and Councillor Craigie had voted against the application.

 

Councillor Watson confirmed he had been present when the vote to continue the meeting past three hours had been taken.

 

A recorded vote was taken.

 

Councillor

For

Against

Abstain

Cllr R Boughton

X

 

 

Cllr M Brown

X

 

 

Cllr P Christie

 

 

 

Cllr R Craigie

X

 

 

Cllr C Leather

X

 

 

Cllr R Lock

X

 

 

Cllr D McGeough

 

 

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

(Vote: For - Unanimous)

 

95.

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.

 

96.

Agreement of Agenda between Parts I and II

Minutes:

There were no Part II items.

97.

Urgent Matters

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

Minutes:

There were no urgent matters brought forward.

98.

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.

 

99.

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.

 

 

99a

Application No. 1/1336/2021/FUL pdf icon PDF 131 KB

A retrospective application for the erection of a balcony to the north elevation and the installation of a single window to the west elevation (Variation of condition 1 and removal of condition 2 of Planning Permission 1/1179/2019/FUL (Retrospective application for the variation of condition 2 of planning approval 1/1147/2018/FUL to include alterations to the North and West elevations)) - 11 Chichester Way, Westward Ho!, Bideford

Minutes:

Application No. 1/1336/2021/FUL - A retrospective application for the erection of a balcony to the north elevation and the installation of a single window to the west elevation (Variation of condition 1 and removal of condition 2 of Planning Permission 1/1179/2019/FUL (Retrospective application for the variation of condition 2 of planning approval 1/1147/2018/FUL to include alterations to the North and West elevations)) - 11 Chichester Way, Westward Ho! Bideford.

 

Interests:  None

 

Officer recommendation:   Grant

 

 

The planning application had been called into Plans Committee by Councillor Laws for the following reasons:

 

“I wish to call in planning application 1/1336/2021/FULL as the removal of condition 2 of the previous approval (1/1179/2019/FUL) effectively opens the proposal up to refusal, it would no longer accord with DM01. Permission was granted for application 1/1179/2019/FUL on the condition that it did not affect the amenity of neighbours (condition 2). The balcony can reasonably considered to affect the neighbour’s amenity, not complying with the requirements of DM01 which states that “Development will be supported where: (a) it would not significantly harm the amenities of any neighbouring occupiers”, the condition was imposed “To ensure the amenity of neighbouring dwellings is protected and the development accords with Policy DM01 of the North Devon and Torridge Local Plan 2011- 2031”, so I consider removal of it should make the previous permission void.”

 

 

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

 

Following a brief discussion, it was proposed by Councillor Watson, 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

 

 

 

Cllr R Craigie

 

 

X

Cllr C Leather

X

 

 

Cllr R Lock

X

 

 

Cllr D McGeough

 

 

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

(Vote: For 6, Abstentions 1)

 

RESOLVED

 

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

 

Councillor Laws, Ward Member addressed the Committee,

99b

Application No. 1/0926/2020/OUTM pdf icon PDF 666 KB

Outline planning application for the erection of up to 290 dwellings, including affordable housing with public open space, landscaping and sustainable drainage system (SuDS) and two vehicular access points from Abbotsham Road. All matters reserved except access. (additional/amended ecology information) - Land North Of Abbotsham Road, Abbotsham, Bideford

Minutes:

Application No.1/0926/2020/OUTM  -  Outline planning application for the erection of up to 290 dwellings, including affordable housing with public open space, landscaping and sustainable drainage system (SuDS) and two vehicular access points from Abbotsham Road. All matters reserved except access. (additional/amended ecology information) - Land North Of Abbotsham Road, Abbotsham, Bideford

 

Interests:  None

 

Officer recommendation:   Grant subject to S106

 

 

The planning application had been called into Plans Committee by Councillor Inch if the Officer was minded to approve. 

 

Councillor Inch noted the following:

 

“having read the reasons this application was turned down last time, I see no difference only the number of dwellings being more, so I refer the Planning Officer to the reasons it was turned down last time”.

 

As no determination had been made at the previous Plans Committee meeting on 12 January 2022, the Legal advice given was for the application to be determined at a future meeting.

 

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

 

·         The Abbotsham Road Woodland Manager Strategy had been submitted by the Agent.

 

·         Two additional representations had been received.

 

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

 

Councillor Christie arrived at the meeting at 10.15am. 

Legal advice was given that as Councillor Christie had not been in attendance for the whole of the presentation, he would be unable to take part in the debate and decision making.

 

When debating the application, the following points/concerns raised included:

 

·         Environmental impact – destruction of the ancient woodland, hedges etc.

·         Loss of natural habitat for wildlife

·         Adverse effect on Badgers Wood

·         The need for housing for local people.

·         Unsustainable location.

·         Major concerns for the viability with Kenwith Dam.

·         Lack of infrastructure, schools, doctors etc.

·         Adverse visual impact for Bideford

·         Loss of a green field site

·         Detrimental to the character and appearance of the open countryside

 

Councillor Lock noted that no objections had been received from all major Consultees.

 

It was proposed by Councillor Leather, seconded by Councillor Craigie that the application be refused for the following reasons:

 

·         Policies ST01, ST07 of the ND&T Local Plan and paragraph 11 of the NPPF – not considered to be in a sustainable location

 

·         ST01, ST07 of the ND&T Local Plan and paragraphs 11 and 170 of the NPPF – Development in the open countryside with the loss of a green field site.  Detrimental impact on the character and appearance of the open countryside causing unacceptable harm to the landscape.

 

·         ST04, ST14, DM08 of the ND&T Local Plan and paragraphs 174, 175 and 180 of the NPPF – Removal of a significant length of hedgerow along the north side and the creating of public footpaths through the ancient woodland.   The proposed layout would remove a wildlife corridor which runs from the Kenwith Valley Nature Reserve to the north through the application site to the south.

 

·         Because of the lack of a five year land supply, the balancing process is triggered.   After careful consideration of  ...  view the full minutes text for item 99b

99c

Application No. 1/1248/2021/FUL pdf icon PDF 173 KB

Change of use from a multi-use building (Class D2) to a single holiday let, installation of windows and external staircase leading to timber deck with glass balustrade to support the existing Elopement & Micro Wedding business - Duckhaven Stud, Cornborough Road, Westward Ho!.

Minutes:

Application No. 1/1248/2021/FUL - Change of use from a multi-use building (Class D2) to a single holiday let, installation of windows and external staircase leading to timber deck with glass balustrade to support the existing Elopement & Micro Wedding business - Duckhaven Stud, Cornborough Road, Westward Ho!

 

Interests:  None

 

Officer recommendation:  Grant

 

 

The following Councillors had called the planning application into Plans Committee for the following reasons:

 

 

Councillor Christie if the Officer was minded to approve the application.

 

Councillor Christie noted the following:

 

ST09/ST14

ST09 A facility that is currently used intermittently with the external lighting could be seen to void this policy if used permanently with domestic style lighting.

ST14 The comments by the AONB team indicate how this policy could be voided.

 

Councillor Pennington if the Officer was minded to refuse the application.

 

Councillor Pennington noted the following:

 

Existing business – needs to evolve and adapt to grow

ND&TLP ST11 (7) Proposals for the development and diversification of the rural economy will be supported where they do not conflict with other Local Plan policies

Comment - Proposal is for a change of use of an existing facility and does not have an adverse effect given the present development.

 

I am concerns that yet again this application went to the wrong Torridge Ward. This is in the AONB and normally I would not support an application in this beautiful area.   However, there is a further principle in that the build already exists and a business should be allowed to adjust its present building stock to adapt to a fast changing societal and economic landscape.   It also appears there is no increased traffic movements if approved.

 

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

 

The Committee acknowledged that the applicant had addressed the following issues raised by Members at the Plans Committee meeting in October 2020:  

·         The light spill from the roof lights having an impact on the AONB – the roof lights had now been removed from this proposal.

 

·         A balustrade on the balcony to be constructed.

 

Councillor Lock proposed an additional condition be imposed, namely that no street furniture ie tables and chairs, be situated on the roof.

 

It was proposed by Councillor Watson, seconded by Councillor Lock that the application be approved subject to the proposed additional condition.

 

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

 

 

 

Cllr P Watson

X

 

 

Cllr R Wiseman

X

 

 

 

(Vote: For 7, Against 1)

 

RESOLVED

 

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

 

 

C Davey-Potts on behalf of Abbotsham Parish Council, addressed the Committee objecting to the application.

Mr P Marlow addressed the Committee objecting to the application

Mr A Smith addressed the Committee in support of the application

Councillor  ...  view the full minutes text for item 99c

100.

Appeal Decisions Summary pdf icon PDF 42 KB

Appeal Decision Summary and Reports of Planning Inspectorate

 

Summary

 

Appeal Decision – Application No. 1/0299/2020/FUL

Additional documents:

Minutes:

The Committee noted the Appeal Decisions.

 

101.

Costs on Appeals

There are no Costs on Appeals.

Minutes:

There were no Costs on Appeals.

102.

Delegated Decisions - AGMB Applications pdf icon PDF 242 KB

Delegated Decisions - 21.12.2021 – 19.01.2022

Minutes:

The Committee noted the Delegated Decisions.

 

103.

Planning Decisions pdf icon PDF 91 KB

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 21/12/2021 to 19/01/2022.

 

 

Minutes:

RESOLVED

 

That the Planning decisions for the period 21 December 2020 to 19 January 2022 be noted.