Agenda and draft minutes

To receive the Minutes from the meeting held on 2 March 2023.

Apologies for absence were received from Councillor Lock (Councillor Newton substituting), Councillor Brown (Councillor Bushby substituting) and Councillor Watson (Councillor Pennington substituting.

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

Resolved:

That the Minutes of the meeting held on 2 March 2023 be agreed and signed as a correct record.

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.

Erection of building for the processing of household recycling materials and food waste, provision of vehicle workshop, office and welfare and all ancillary facilities including access roadway - Land At Grid Reference 247022 125756, Gammaton Road, Bideford

The following Councillors had attended the virtual site visit listed below:

Councillors: R Boughton, D Bushby, P Christie, R Craigie, C Leather,

S Newton and P Pennington.

The recording was forwarded to the following Councillors who were unable to attend the virtual site visit:

Councillors:  D McGeough and R Wiseman

Application No. 1/1141/2022/LA - Erection of building for the processing of household recycling materials and food waste, provision of vehicle workshop, office and welfare and all ancillary facilities including access roadway - Land At Grid Reference 247022 125756, Gammaton Road, Bideford

Interests:  Councillor Pennington declared a personal interest – Landowner of land marked on the Land Assessment document but attended with an open mind.

Councillors Christie and Bushby declared personal interests – dual hatted – Bideford Town Council

Officer recommendation:     Grant

The planning application had been referred to Plans Committee because the applicant is Torridge District Council.

Prior to the presentation the Principal Planning Officer updated Members as follows:

5 late representations objecting to the application.

The Principal Planning Officer presented the report and informed Members of the main planning considerations and confirmed that the proposal does not include processing of general household waste but does include the processing of food waste.

The Principal Planning Officer confirmed that a significant amount of work had been undertaken to protect the amenities of the occupier of the nearest dwelling to the site, Bay View, including the processing hall to be located away from the dwelling, re siting of the office block to use as a noise screen and the imposition of a condition for a Noise Mitigation Plan.

Councillor Leather referred to the various objection reasons and in particular the conflicting reports as to whether food waste would be handled on the site. He explained how the food waste is currently processed and this was confirmed by the Principal Planning Officer.  The food waste is collected by the recycling lorries, the vehicles then take the waste in a sealed contained in the processing hall and it is then collected by a covered vehicle weekly.

The Principal Planning Officer confirmed that a significant amount of work had been undertaken to protect the amenities of the occupier of the nearest dwelling to the site, Bay View, including the processing hall to be located away from the dwelling, re siting of the office block to use as a noise screen and the imposition of a condition for a Noise Mitigation Plan.

During the debate issues and concerns raised included:

There is an urgent need for a new site, Westcombe being unsuitable and unfit for purpose.

Existing dust issues from vehicular movements on the Evans site – it was confirmed that TDC vehicles will not be using the Evans access, therefore there will be no increase in the existing dust issue.

Possibility of smells - Councillor Christie asked whether a negative atmosphere could be included on the site.  It was confirmed that Officers are satisfied that this matter has been addressed and are reassured  ...  view the full minutes text for item 82a

Residential development comprising the construction of 27 dwellings with associated access, estate roads, infrastructure, open space and landscaping (Amended plans and additional information) - Land At Pitt Hill, Appledore, Devon

The following Councillors had attended the virtual site visit listed below:

Councillors: R Boughton, D Bushby, P Christie, R Craigie, C Leather,

S Newton and P Pennington.

The recording was forwarded to the following Councillors who were unable to attend the virtual site visit:

Councillors:  D McGeough and R Wiseman

Application No. 1/0652/2022/FULM - Residential development comprising the construction of 27 dwellings with associated access, estate roads, infrastructure, open space and landscaping (Amended plans and additional information) - Land At Pitt Hill, Appledore, Devon

Interests:  None

Officer recommendation:     Grant subject to Section 106

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

1.    Access arrangements and traffic impact on Pitt Lane

2.    Query whether safe and suitable pedestrian/cyclist connections have been provided to Appledore and Northam and also to public transport.

The following Local Plan policies apply:   ST02, Mitigating Climate Change; ST10 Transport Strategy; DM05 Highways.

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

Councillor Christie referred to the response from South West Water and expressed his displeasure at the comments made.  If, as it states, they are able to provide foul sewerage services from the existing public foul or combined sewer in the vicinity of the site, why then are they still dumping it into the sea.  

Councillor Newton had concerns that the development of the site was going forward in a piecemeal way. The requirement of NOR 7 is to look at the site as a whole. Councillor Leather explained the issue with NOR7 and this site is it is owned by separate landowners and applications are being submitted at different times.

It was proposed by Councillor Leather and seconded by Councillor Pennington that the application be approved.

A recorded vote was taken.

(Vote:   For 7, Against 2)

RESOLVED

That the application be Granted subject to the conditions as set out in the report and the completion of a Legal Agreement securing the planning obligations set out in the report.

Simon Wagemakers, Applicant, addressed the Committee in support of the application.

Councillor Hames, Ward Member, addressed the Committee.

Extension and alterations to existing dwelling including new garage and driveway - Fordlands, Heywood Road, Northam

Application No. 1/0071/2023/FUL - Extension and alterations to existing dwelling including new garage and driveway - Fordlands, Heywood Road, Northam

Interests:  None

Officer recommendation:     Grant

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

“The planned installation of a flat roof, combined with the increased height of the party wall, would have a detrimental effect on the amenity of the neighbouring properties, the proposal being overlooking and overshadowing.    This is contrary to Local Plan 2031 policies DM01 (Amenity considerations) and DM25 (Residential extensions and Ancillary Development).   Further, the plans for the garage would have a detrimental visual impact on the house, an unlisted heritage asset, contrary to policy DM07(Historic Environment).   The scale of the proposed garage is, contrary to policy DM04 (Design Principles).  The associated driveway would diminish the amenity value of the lawn.”

The Planning Officer, on behalf of the Case Officer, presented the report and informed Members of the main planning considerations.

When debating this application, Members acknowledged they had no issues with the garage and other alterations, but opposed the development to the sunroom which would have a detrimental effect on the amenity of the neighbouring property due to overlooking and overshadowing.

It became evident that Members were looking to refuse the application, and for this reason the Planning Manager advised that robust refusal reasons would be required, together with relevant policies.

The following refusal reasons were put forward:

Impact on the neighbour’s amenity would be significantly harmful

and DM01

It was proposed by Councillor Christie and seconded by Councillor McGeough that the application be refused.

A recorded vote was taken.

(Vote:  For – Unanimous)

RESOLVED

That the application be refused for the reasons as stated above.

Lucy Cohen addressed the Committee objecting to the application.

Proposed extensions and alterations - 4 Kenwith Road, Bideford, Devon

Application No. 1/0120/2023/FUL - Proposed extensions and alterations - 4 Kenwith Road, Bideford, Devon.

Interests:  None

Officer recommendation:     Grant

The application had been referred to Plans Committee as the applicant is an employee at Torridge District Council.

The Planning Officer on behalf of the Case Officer presented the report and informed Members of the main planning considerations.

It was proposed by Councillor Leather and seconded by Councillor Newton  that the application be approved.

A recorded vote was taken.

(Vote:   For – Unanimous)

RESOLVED

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

Demolition of existing dwelling and erection of replacement dwelling. - Still Waters, Torridge Road, Appledore

Application No. 1/0039/2023/FUL - Demolition of existing dwelling and erection of replacement dwelling. - Still Waters, Torridge Road, Appledore

Interests:  None

Officer recommendation:     Grant

The planning application had been called in by Councillor Hames, Ward Member, if minded to approve, for the following reason:

“Loss of public parking due to creation of private parking for three cars in the context of the limited availability of public parking spaces in Appledore.   This is contrary to Local Plan policies DM01 (Amenity), DM04 (h) (Design) and DM06 (Parking Provision) regarding adverse effect on the amenity of neighbouring properties and provision of parking for new developments”.

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

It was proposed by Councillor Bushby and seconded by Councillor Newton that the application be approved.

A recorded vote was taken.

(Vote:   For – Unanimous)

RESOLVED

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

Lewis Johnson, Agent, addressed the Committee in support of the application.

Councillor Hames, Ward Member, addressed the Committee.

The morning session ended at 12.30pm and the afternoon session commenced at 13.30pm.

Hybrid application consisting of a full application for 59 dwellings and an Outline application for up to 141 dwellings with up to 1500sqm commercial space (B1, B2 or B8). (Affecting a public right of way) (Amended Plans and Documents) - Land At Grid Reference 249644 119976, Torrington, Devon

REPORT TO FOLLOW

The following Councillors had attended the virtual site visit listed below:

Councillors: R Boughton, D Bushby, P Christie, R Craigie, C Leather,

S Newton and P Pennington.

The recording was forwarded to the following Councillors who were unable to attend the virtual site visit:

Councillors:  D McGeough and R Wiseman

Application No. 1/0511/2021/OUTM - Hybrid application consisting of a full application for 59 dwellings and an Outline application for up to 141 dwellings with up to 1500sqm commercial space (B1, B2 or B8). (Affecting a public right of way) (Amended Plans and Documents) - Land At Grid Reference 249644 119976, Torrington, Devon

Interests:  None

Officer recommendation:     Grant subject to Legal Agreement

The planning application had been called into Plans Committee by Councillor Bright, if minded to approve, for the following reasons:

“There are concerns around the proposed footpath through jubilee woods which include; suitability, lack of consultation with the relevant interested parties and safety concerns based on the fact that the only way to use the proposed footpath is for residents to cross to the path access which is in the centre of a junction, on a corner with low visibility, inside a 60 zone.   There is also a matter of where these additional residents will be crossing to in order to walk safely to the main development.   Would they need lighting to cross safely, as lightly will look severely out of place in an area with naturally beautiful environment.   Concerns have also been raised to ensure that the proposed sewage system for this development is sufficient”.

The Development Management Team Leader presented the report and informed Members of the main planning considerations.  On the original application it had said BI, BII or B8, BI use class has now been replaced with Class E.  The site does benefit from a previous Outline permission which is still extant through the submission of a Reserved Matters application currently being considered by the Local Planning Authority.

During the debate of the application concerns and issues raised included:

·         It is an industrial site currently well outside the Development Boundary of Torrington.

·         Although not well related to Torrington it is an awful site in need of developing.

·         Viability Studies – no affordable housing - applicants comments state proposal not financially viable.  Outline application approved in 2018 was to provide 40% affordable housing.   Councillor Christie expressed concerns with the inconsistent cost figures detailed in the document and reiterated comments he had made at previous meetings in relation to the Viability Studies not disclosing the purchase price of the land.

·         No condition to secure clearance of the site prior to any works commencing.  Clarification in relation to this matter was given by the Planning Manager.

·         Sustainability of the site – long walk to Torrington town.

·         S106 Agreement – concerns with contributions and it had not yet been signed.

·         Devon County Council Highways response - Improvements to Junction A386 with School Lane prior to occupation of any 60 dwellings – this should be amended to  ...  view the full minutes text for item 82f

Siting of temporary mobile home for management purposes - B P Bodyworks, Dunsland Cross, Brandis Corner

Application No. 1/1119/2022/FUL - Siting of temporary mobile home for management purposes - B P Bodyworks, Dunsland Cross, Brandis Corner

Interests:  None

Officer recommendation:     Refuse

The application had been called into Plans Committee by Councillor James, Ward Member, if the Planning Officer is minded to refuse the application, for the following reasons:

1.    “The applicant runs the area breakdown/crash recovery service needing to be able to respond quickly.

2.    Theft of equipment has become such an issue insurance has become problematic,

3.    This is a successful Rural enterprise employing local people.”

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

It became evident during the debate that Members were supportive of the application. 

The Development Management Team Leader suggested the following conditions be imposed should Members be minded to approve the application:

·         That it would have a three year temporary permission and to remove after three years.

·         To be carried out in accordance with the approved plans.

·         Occupancy and restricting it to the business.

It was proposed by Councillor Bushby and seconded by Councillor Craigie that the application be approved.

A recorded vote was taken.

(Vote:  For – Unanimous)

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.

Lee Bryan, Applicant, addressed the Committee in support of the application.

Rory Tucker addressed the Committee in support of the application.

Councillor McGeough left the meeting at 15.05pm.

Appeal Decision Summary and Reports of Planning Inspectorate – 16.02.2023 to 21.03.2023.

Summary

Appeal Decision – App. No. 1/0321/2022/FUL – Land at Torridge Road

Appeal Decision – App. No. 1/0081/2022/FUL – Land at Great Philham Farm

Appeal Decision – App. No. 1/1068/2021/FUL – Land at Follyfoot Manor

Appeal Decision – App. No. 1/1267/2021/AGMB – Land at Derril, Pyworthy

The Committee noted the Appeal Decisions.

Costs on Appeal – Land at Torridge Road, Appledore

The Committed noted the Cost on Appeal.

AGMB Decisions – 16.02.2023 to 21.03.2023.

The Committee noted the Delegated Decisions for the period 16.02.2023 – 21.03.2023.

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 16.02.2023 to 21.03.2023.     

RESOLVED

That the Planning decisions for the period 16.02.2023 – 21.03.2023 be noted.