Agenda and draft minutes

Apologies for absence were received from Councillor Hepple with Councillor Newton as substitute.

Apologies were also received from Councillor Pennington with Councillor Harding as substitute.

To receive the Minutes from the meeting held on 16^th January 2025.

Members highlighted a spelling error to be amended.

It was proposed by Councillor Leather, seconded by Councillor Wheatley that the minutes of the meeting held on 16^th January 2025, with the amendment to the spelling error were agreed and signed as a correct record.

A recorded vote was taken.

(Vote: For – 6, Against – 0, Abstentions - 3)

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.

There we no Part II items.

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

With permission of the Chair, The Head of Legal and Governance (& Monitoring Officer) informed Members that the incorrect reports had been added to the agenda. Therefore applications 7c (1/0965/2024/FULM) and 7d (1/0596/2024/FULM) have been postponed until April’s Plans Committee.

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 Clean Maritime Innovation Centre incorporating office space, workshop space and extension and repairs to quay wall (Variation of Condition 20 of planning approval 1/1179/2023/LA) - Middle Dock, New Quay Street, Appledore, Devon, EX39 1LU

There was no site visit for this application.

Application No. 1/0101/2024/LA - Erection of Clean Maritime Innovation Centre incorporating office space, workshop space and extension and repairs to quay wall (Variation of Condition 20 of planning approval 1/1179/2023/LA) - Middle Dock, New Quay Street, Appledore, Devon, EX39 1LU

Interests – Councillor Hames declared a personal interest – dual-hatted – Northam Town Councillor.

Officer Recommendation – Grant

The application had been referred to the Plans Committee for determination as the applicant is Torridge District Council and the development is located on Council owned land.

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

Councillor Bushby proposed the recommendation in the report and this was seconded by Councillor Smith.

There were no further comments.

It was proposed by Councillor Bushby, seconded by Councillor Smith that the application be granted.

A recorded vote was taken.

(Vote: For – Unanimous)

Resolved:

That the application be granted subject to the conditions outlined in the report.

Conversion of barn to 1no. dwelling (Self-build) - Land At Grid Reference 238349, 122156, Parkham, Devon

The following Councillors attended the virtual site visit:

Councillors: Bushby, Hames, Leather, Lock, Smith, Wheatley, Whittaker.

Application No. 1/1056/2024/FUL - Conversion of barn to 1no. dwelling (Self-build) - Land At Grid Reference 238349, 122156, Parkham, Devon

Interests – None

Officer Recommendation -  Grant

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

Councillor Bushby proposed the recommendation in the report. This was seconded by Councillor Newton.

Members asked for details regarding:

-       Biodiversity, specifically provisions for swallows and bats.

-       Confirmation of solar panels

-       Water capture

In response to the above, the Development Management Team Leader explained that within the application, solar panels have been proposed on the side elevation. She also stated that there are no details regarding water capture, however due to additional planting there will be a reduction of sealed surface on site, therefore there will be a gain of soft landscaping. In terms of ecology, the Development Management Team Leader explained that the mitigation methods are precautionary and include removing the metal sheet roofing by hand and by an experienced person, seeking advice if needed and not to commence work during nesting season. She then clarified that the ecology report states that provisions need to be in place, but the details are unknown at this stage. The Planning Manager added that an informative could be included to encourage water capture.

It was agreed by the Proposer and Seconder that an informative regarding water capture be added.

It was proposed Councillor Bushby, seconded by Councillor Newton that the application be granted.

A recorded vote was taken.

(Vote: For – Unanimous)

Resolved:

That the application be granted subject to the conditions outlined in the report and the added informative regarding water capture.

Retrospective application for retention and use of agricultural building for business use (use classes B8 and E(g)) - Killatree Cross Industrial Units, Pyworthy, Holsworthy, Devon, EX22 6LP

This application has been deferred to the meeting on the 3^rd April 2025.

Retrospective application for conversion of rural building to business units (use classes B8 and E(g)) - Killatree Cross Industrial Units, Pyworthy, Holsworthy, Devon, EX22 6LP

This application has been deferred to the meeting on the 3^rd April 2025.

Conversion of former commercial premises to 3 no. dwellings - 13 - 17 Westcombe Lane, Bideford, Devon, EX39 3JQ

The following Councillors attended the virtual site visit:

Councillors: Bushby, Hames, Leather, Lock, Smith, Wheatley, Whittaker.

Application No.5 - 1/0832/2024/FUL - Conversion of former commercial premises to 3 no. dwellings

Interests – None

Officer Recommendation – Refuse

The application was called in by Councillor Leather for the following reason – ‘to consider whether despite Flood Zone 3 the loss of a commercial property and its conversion to dwellings, will improve Westcombe Lane considering there are already many dwellings there’.

Due to information provided by the Environmental Agency and communication from the agent, the Chair asked if the Committee would like to defer the application. After a brief discussion the Committee agreed to continue with the discussion.

The Planning Manager presented the report and detailed the main planning considerations. This included a verbal update regarding the objection from the Environmental Agency.

Councillor Leather addressed the Committee with a detailed history of the area which highlighted the increase of flood protection, provisions for surface water flooding, and lack of noise complaints. Councillor Leather proposed to grant the application.

Members gave details on the last time Westcombe Lane significantly flooded in 1978 and explained that the flood elevation schemes carried out since then has meant that flooding within the area is unlikely. Members also stated that this application would make a large improvement to the area.

Councillor Bushby seconded Councillor Leather’s proposal.

The Committee thanked Members for the detailed research provided.

Members expressed that when provisions are established, policy should be updated to reflect the environment.

Councillor Hames proposed to defer the application pending further information regarding a flood risk assessment and risk to amenity. There was no seconder for this proposal. 

Councillor Leather asked that a condition be added to secure the flood mitigation measures set out in the submitted flood risk assessment.

The Planning Manager, referencing the response from the Environmental Agency explained that Officers would be concerned about securing mitigation that is not considered fit for purpose.

The Planning Manager encouraged the need to secure a Section 106 to ensure the offsite green infrastructure contribution. It was agreed that conditions be determined by the Chair, Vice-Chair, and Planning Manager post meeting.

The Chair asked the Committee to cite relevant policies in support of the application. Some of the cited policies were ST15, DM04, DM07, DM05, DM06, ST01, ST02, ST04, ST05 and ST12(3).

It was proposed by Councillor Leather, seconded by Councillor Bushby that the application be granted.

A recorded vote was taken. 

(Vote: For – 8, Against – 1, Abstentions – 0)

Resolved:

That the application be granted subject to conditions being delegated to Officers in conjunction with the Chair and Vice-Chair.

Outline application for 1no. local needs dwelling with all matters reserved except for access, layout and scale (self build) (Resubmission of 1/1234/2023/OUT) - Land at Grid Reference 244532, 118754, Monkleigh,

Devon

The following Councillors attended the virtual site visit:

Councillors: Bushby, Hames, Leather, Lock, Smith, Wheatley, Whittaker.

Application No. 1/0954/2024/OUT –

Outline application for 1no. local needs dwelling with all matters reserved except for access (self-build) (Resubmission of 1/1234/2023/OUT)

Interests – None

Officer Recommendation – Refuse

This application has been called in by Councillor Pennington for the following reason – ‘I wish to call this in should the decision maker refuse the application. Grounds: although it may appear to be in the open countryside this proposal will add to already neighbouring properties. It is also in the grounds of an existing garden area. NDTLP policies ST19. and DM24 give the basis to grant a local needs house. Notified on 18th Nov’.

The Planning Manager presented the report and detailed the main planning considerations.

Councillor Harding as substitute for Councillor Pennington proposed to grant the application, reason being that Torridge District Council should aim to keep families in rural communities together and young people within the area. 

Councillor Whittaker seconded the proposal to grant the application.

Members agreed that as this application is a resubmission due to a boundary change, the fundamentals have already been debated and approved.

The Chair expressed her support of the application, citing policies ST14 and DM08. She also stated that as the distance between the site and Monkleigh is short, proximity to amenities should not be a concern.

Members stressed that the issue of provision of housing, especially for young people in rural communities keeps arising and the issue should be addressed when reconsidering the next Local Plan.

The Planning Manager defined the criteria for a Local Needs Dwelling under policy DM24. Other policies were also cited such at ST19 and DM24, although the Planning Manager clarified that these would not apply for this application. She also stated that should Members be inclined to grant the application, if applied, tilted-balance must indicate that the benefits out way the harm. The Planning Manager advised the Committee that Officers do not consider the application proposal to be a sustainable form of development, highlighting conflict with the Spatial Strategy and the NPPF.

The Committee discussed the delegation of conditions, specifically in regards to affordability and size of the dwelling. Members indicated their concerns if the dwelling was restricted too much in size. The Planning Manager clarified that if this application were to be considered a Local Needs dwelling, DM24 includes consideration that the size needs to be commensurate to the needs of the occupants. The Chair highlighted that this is application is an outline and details will be provided at a later date.

It was proposed by Councillor Harding, seconded by Councillor Whittaker that the application be granted.

A recorded vote was taken.

(Vote: For – Unanimous)

Resolved:

That the  ...  view the full minutes text for item 71.

Appeal Decision Summary and Reports of Planning Inspectorate

Summary

Appeal Decision –

-       Application No. 1/0152/2024/FUL

-       Application No. 1/0857/2023/FUL

-       Application No. 1/0893/2023/FUL

-       Application No. 1/1225/2023/FULM

-       Application No. E/19/0243/UCU

The Committee noted the Appeal Decisions.

There are 3 Costs on Appeal.

APP/W1145/W/24/3353044 – The Planning Manager explained the key findings of the inspector. Specifically, she highlighted the importance of exercising balance through transparently evaluating harm and benefit.

Members noted the Costs on Appeals.

The Committee noted the Delegated Decisions for the period 8^th January 2025 – 4^th March 2025.

The Committee noted the Delegated Decisions.

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 8^th January 2025 to 4^th March 2025.

1/0902/2024/FUL – in response to a query the Planning Manager clarified that policy allows for temporary permission through a temporary structure to see if a business can be established.

1/0713/2024/FUL – refusal reasons to be circulated to the Committee to aid understanding.

Resolved:

That the Planning decisions for the period 08.01.2025 to 04.03.2025 be noted.