Agenda and draft minutes

To receive the Minutes from the meeting held on 12 January 2023.

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

Resolved:

That the Minutes of the meeting held on 12 January 2023 be agreed.

A recorded vote was taken.

(Vote: For 7, Abstentions 2)

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.

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.

Residential development of 77 dwellings with associated infrastructure - Land West Of Townsend Hill , Winkleigh, Devon

The following Councillors had attended the site visit listed below:

C Leather, R Lock, M Brown, R Craigie, P Pennington, P Christie,

R Boughton and R Wiseman

Application No.1/0556/2022/FULM - Residential development of 77 dwellings with associated infrastructure - Land West Of Townsend Hill , Winkleigh, Devon

Interests:  None

Officer recommendation:     Grant subject to a Legal Agreement

The planning application had been called into Plans Committee by Councillor Newton, Ward Member, if the Officer is minded to approve, for the following reasons:

‘The land identified in this is application for a further 78 dwellings on Townsend Hill is outside the Development Boundary as defined in the NDTLP Spatial Strategy for Winkleigh (WIN) and so is not available for development. The Development Boundary is not a cursory line drawn around the existing bounds of the village, rather it represents a considered, researched and calculated extent to which the village can viably expand whilst still maintaining the social, community and environmental cohesion essential to a defined rural village of this size. These requirements are well articulated in the Winkleigh Neighbourhood Plan 2018-2031. The (temporary) legal precedent (NDTLP 5-year Land Supply) nullifying the restrictions of Development Boundaries does not, in any way, remove the justification for such limits which remain just as viable in the case of Winkleigh.

NDTLP Policies relating to the future development of Winkleigh as a Local Centre (ST07) identify a capacity for at least an additional 60 dwellings, of which up to 55 are already allocated (WIN02) within the Development Boundary on land North of Chumleigh Road. Since then, an additional 55 houses are being built on Townsend Hill and planning permission has been granted for a further 70 houses on the Western Barn site (formerly Kingsley Plastics). Although the NDTLP applied no upper limit on the number of future

houses for Winkleigh, it is clear that the current approvals and allocation amounting to 180 units are already well in excess of policy expectations and intent – a further 78 units from this application, plus an additional 17-unit uplift to the 55 currently allocated as proposed would amount to 275 new units or a 45% increase in the number of houses in this historic village. Such an increase would be detrimental to the character of the village and the residents who are its community.’

The Development Management Team Leader informed Members of the following updates:

·         Additional Plans to be added to the Plans Schedule

·         Updated Consultation response from Community Engagement Projects Officer – received 01.03.23

·         A further representation letter – received 01.03.23 – no new objections were raised.

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

Following the public contributions, the Planning Manager responded to the comments made by the speakers and Ward Member and provided advice on issues raised, one of which was the status of the Winkleigh Neighbourhood Plan.  

Regarding the Winkleigh Neighbourhood Plan, the Planning Manager referred to the guidance set  ...  view the full minutes text for item 72a

Proposed business premises - Chapmans Barn, Stibb Cross, Torrington

The following Councillors had attended the site visit listed below:

C Leather, R Lock, M Brown, R Craigie, P Pennington, P Christie,

R Boughton and R Wiseman

Application No. 1/1000/2022/FUL - Proposed business premises - Chapmans Barn, Stibb Cross, Torrington

Interests:  Councillor Christie declared a personal interest – Trustee on Bideford Bridge Trust - Applicant had received a Start up Grant from Bideford Bridge Trust

Councillor McGeough declared a personal interest - he had opened the business when he was Mayor of Bideford.

Officer recommendation:    Refuse

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

“Economic benefit for rural enterprise – Rural Employment”.

The Development Management Team Leader presented the report and advised Members of the main planning considerations and the reasoning for the recommendation of refusal.

During the discussion the following comments were made:

·         Small scale economic business

·         The need to do more for rural enterprise

·         Well designed new building

·         Applicant advised majority of his customers are in the countryside

·         No adverse effects on landscaping

Councillor Christie agreed with the Officer’s recommendation, his reasons being - it is not a countryside business, customers having to travel to Stibb Cross and other businesses would move to the country if this application were to be Granted.  He therefore said he could not support the application and proposed it is refused.   There was no seconder.

The Planning Manager advised the Committee that should they be minded to approve the application contrary to the recommendation, clear reasons including policies would be required together with recommended conditions.

Following an enquiry from Councillor Pennington, the Planning Manager clarified the use class for the proposal.

Councillor Leather suggested the proposal meets with the following policies and should therefore be approved:

NPPF Paragraph 85, Policies DM14, ST07 and ST11 of the NDTLP.

The Case Officer suggested conditions relating to the following should be included on any decision: standard time, approved plans, submission of a landscaping scheme, restriction of use to Class E, visibility splays, disposal of surface water and samples of materials.  

Councillor Lock recommended that PD Rights be removed.

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

A recorded vote was taken.

(Vote:  For 8, Against 1)

RESOLVED:

That the application be Granted subject to the wording of the conditions being delegated to Officers in conjunction with the Chair and Vice Chair.

Mr J Gifford, Applicant, addressed the Committee in support of the application.

Appeal Decision Summary and Reports of Planning Inspectorate

Summary

Appeal Decision – Application No. 1/1340/2021/FUL

Appeal Decision – Application No. 1/0290/2021/OUTM

Appeal Decision – Application No. 1/0553/2022/FUL

Appeal Decision – Application No. 1/0144/2022/FUL

Appeal Decision – Application No. 1/0372/2022/FUL

Appeal Decision – Application No. 1/1119/2021/OUT

The Committee noted the Appeal Decisions.

The Planning Manager asked Members to note the Authority’s success on recent appeals, both through Plans Committee and Delegated Officer decisions. The Planning Manager emphasised the hard work that goes in to defending appeals by both individual Case Officers and through the support of the Development Manager. She further emphasised the endorsement given by these Inspectors’ decisions give in respect of the robustness of the NDTLP policies. 

Costs Decision – Application No. 1/1119/2021/OUT (Cost Decision attached to the Appeal Decision – Agenda item 8)

The Committee noted the Cost on Appeal.

AGMB Decision for the period 03.01.2023 – 16.02.2023.

The Committee noted the Delegated Decisions for the period 03.01.2023 – 16.02.2023.

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 03.01.2023 to 16.02.2023.

That the Planning decisions for the period 03.01.2023 to 16.02.203 be noted.