Agenda and draft minutes

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

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

Resolved:

The Minutes of the meeting held on 12 May 2022 be agreed and signed as a correct record, subject to the following amendment:

“Application No. 1/1133/2021/REMM – Councillor Lock had voted against deferring the application”.

(Vote: For - Unanimous)

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.

That the Agenda as circulated be agreed.

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

There were no urgent matters brought forward.

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.

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.

Reserved matters application for details of appearance, landscaping, layout and scale in respect of a proposal for 274 no. dwellings, associated infrastructure and open space pursuant outline planning permission 1/0039/2014/OUTM (Amended Plans) - Land To The South Of Clovelly Road, Bideford, Devon

Application No. 1/1133/2021/REMM - Reserved matters application for details of appearance, landscaping, layout and scale in respect of a proposal for 274 no. dwellings, associated infrastructure and open space pursuant outline planning permission 1/0039/2014/OUTM (Amended Plans) - Land To The South Of Clovelly Road, Bideford, Devon

Interests:   None

Officer recommendation:       Grant

The planning application had been called into Plans Committee by Councillor Langford to consider highways safety on the surrounding area.

The application had been deferred by Members at the Plans Committee meeting held 12 May 2022 to allow for issues raised to be addressed.

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

·         2 additional representations objecting to the application.

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

During the presentation the Principal Planning Officer advised that following deferral of the application at the previous meeting to allow for issues/concerns raised during the discussion to be addressed, the applicants had now provided some additional information to help in addressing the matters raised.

In relation to the Deed of Variation, if Members were minded to approve the application, the Decision Notice would not be issued until the Deed of Variation had been signed off.

Councillor McGeough advised that due to IT issues he had not received the late documentation forwarded by the Principal Planning Officer. He, therefore, did not take part in the debate and decision making (voted to abstain).

Councillor Christie referred to the proposed school site and expressed his dissatisfaction at the Devon County Council document circulated to Members. The document he said did not include the number of houses being developed on other sites, and therefore the number of children exceeds the figures Devon County Council are working on.

Councillor Leather had concerns with the reduced size of the play provision proposed for the site, stating that the site is big enough for a full-sized play area.

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

A recorded vote be taken.

(Vote:  For 6, Against 2, Abstentions 1)

RESOLVED:

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

Mr R Smith, Agent, addressed the Committee in support of the application.

The Planning Manager read out a Statement from the Ward Member, Councillor Langford.

Change of use from a mixed use of public house and private dwelling to solely a private dwelling - The Laurels Inn, Petrockstowe, Okehampton

Application No. 1/1118/2021/FUL - Change of use from a mixed use of public house and private dwelling to solely a private dwelling - The Laurels Inn, Petrockstowe, Okehampton

Interests:  Councillor Wiseman declared a personal interest – had visited the public house in the past - but attended with a clear and open mind.

Officer recommendation:    Refuse

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

“The development involves the loss of a community service as per ST22(3)”.

The Planning Officer presented the report and advised Members of the main planning considerations and the reasoning for the recommendation of refusal.

When discussing the application, the following concerns were made:

·         Report from District Valuer being fundamental to the whole issue - it states it can be a viable business

·         It is a valuable asset to the village and it could be a successful business

·         Detailed response from the Parish Council containing useful information

It was proposed by Councillor Lock, seconded by Councillor Wiseman that the application be refused.

A recorded vote be taken.

(Vote:   For - Unanimous)

RESOLVED:

That the application be Refused for the reasons as stated in the report.

The Planning Manager read out a statement from Mr Malcolm Busby

Mr John Gower, Agent, addressed the Committee in support of the application

Ms K Smith addressed the Committee objecting to the application

Councillor Hurley, Ward Member, addressed the Committee

Non-material amendment to planning permission 1/0523/2021/REMM - Land At Manteo Way , East The Water, Devon

Application No. 1/0005/2022/NMAT - Non-material amendment to planning permission 1/0523/2021/REMM - Land At Manteo Way , East The Water, Devon

Interests:   None

Officer recommendation:  Grant

The planning application had been called into Plans Committee by Councillor Leather due to concerns that the proposed amendments would reduce the quality of the development.

Prior to the presentation the Principal Planning Officer gave the following explanation for Non-Material Amendments:

The government’s Planning Practice Guidance (PPG) establishes that:

‘There is no statutory definition of ‘non-material’. This is because it

will be dependent on the context of the overall scheme – an

amendment that is non-material in one context may be material

in another. The local planning authority must be satisfied that the

amendment sought is non-material in order to grant an

application under section 96A of the Town and Country Planning

Act 1990.’

The Principal Planning Officer presented the report and informed Members of the main planning considerations.    He referred to the proposed amendments detailed in the report and advised as follows:

·         Amendments 1 – 5 - Minor design changes

·         Amendment 6 - Minor layout changes to Plots 24 – 27

·         Amendments 7 – 13 – Minor design changes to certain dwellings

·         Amendments 14 – 15 – Boundary changes

Councillor Leather stated he had no objections with 1 – 13 of the proposals, but he objected to the removal of the stone walls identified at 14 and 15 and their replacement with post and rail fencing. 

The Planning Manager clarified to Members that the decision before them is whether they support the changes being a Non Material Amendment. 

The Committee agreed the design put forward was excellent and far more superior than the previous design, and had no problems with railings in lieu of stone walls. They acknowledged the additional monies being spent by the Developers to upgrade their properties.

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

A recorded vote be taken.

(Vote:   For - Unanimous)

RESOLVED:

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

Mr A Cook, Managing Director of Devonshire Homes addressed the Committee in support of the application.

There are no Appeal Decisions

There were no Appeal Decisions.

There are no Costs on Appeals

There were no Costs on Appeals.

AGMB Decisions 28 April 2022 – 26 May 2022

The Committee noted the Delegated Decisions – AGMB Applications - from 28 April 2022 - 26 May 2022.

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 28 April 2022 to 26 May 2022.

RESOLVED:

That the Planning decisions for the period 28 April 2022 to 26 May 2022 be noted.