Agenda and minutes

Apologies for absence were received from Councillor Pennington.

To receive the Minutes from the meeting held on 13^th March 2025.

It was proposed by Councillor Leather, seconded by Councillor Bushby that the Minutes of the meeting held on 13^th March 2025 were agreed and signed as a correct record.

A recorded vote was taken.

(Vote: For – 7, Against – 0, Abstentions - 1)

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 were no Part II items.

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.

Conversion of existing agricultural buildings to a Welfare Processing Facility - Agricultural Building At Stoneleigh Farm, Shebbear, Beaworthy.

The following Councillors attended the virtual site visit:

Councillors: Hepple, Leather, Lock, Smith, Wheatley.

The recording of the site visit was sent to all other members of the Committee.

Application No. 1/1027/2024/FUL - Conversion of existing agricultural buildings to a Welfare Processing Facility - Agricultural Building At Stoneleigh Farm, Shebbear, Beaworthy.

Interests – None.

Officer recommendation – Grant

The Planning Officer presented the report and informed Members of the main planning considerations. This included a verbal update regarding an objection submitted after the agenda was published. Since this objection, further information was obtained and consultee comments made from Environmental Protection and the Environment Agency.

The Highways Officer was invited to speak and then answer any questions from the Committee. The questions included issues such as accessibility, visibility, the limited opportunities for passing other vehicles, vehicle usage, and types of vehicles. The Highways Officer clarified that as the access road is a private lane, his concerns would relate to either parking which has been addressed in the proposal, or whether vehicles would be reversing onto the public highway.

The Planning Manager explained that means of access is a planning consideration, however stressed that Members should recognise that the road is private and serving one other property. The Planning Officer emphasised that the farm is currently running as a large scale operation and that she believes this application is a diversification of the farm. She furthered stating there has been no traffic objection from the neighbouring property.

The conversation was opened for general discussion.

Members expressed that the application was difficult to determine due to the recent statements from the Environment Agency and Environmental Protection, alongside what they felt was a lack of information regarding drainage, the type of development, and vehicle usage.

Councillor Bushby highlighted his concerns and asked for reassurance that methods be implemented to ensure that the adjacent property would not be affected by drainage. Councillor Bushby then moved the recommendation in the report on the basis that the above is addressed. 

In response to questioning, the Planning Manager explained the use of  ‘animal welfare facility’ in relation to the application. She additionally stated that condition 3 seeks to restrict its use as a welfare processing facility, referencing the agents email dated February 2025. She then confirmed that condition 3 states that the site may not be used as an abattoir. It was confirmed that clarification on this could be added.

Members voiced their concerns about the protection of the surrounding area and waste disposal. Councillor Whittaker suggested that the application was contrary to policies DM14, DM15 and DM1 and therefore not on balance.

The Planning Officer explained that providing information about the disposal of waste water has been conditioned as investigations need to be carried out to determine the correct method.

The Planning Manager, citing paragraph 5 of the Use of Planning Conditions within PPG, explained that the process of obtaining a permit is a separate regulatory regime and Officer’s would deem it inappropriate to require  ...  view the full minutes text for item 83.

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

There was no site visit for this application as a virtual visit had already taken place on 6^th March 2025.

Application No.1/0965/2024/FULM - Retrospective application for retention and use of agricultural building for business use (use classes B8 and E(g)) - Killatree Cross Industrial Units, Pyworthy, Holsworthy.

Interests – Councillor Hepple advised the Committee that he notified the planning team about this matter in 2023.

Officer recommendation – Refuse

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

Members stated that although growth and employment is vital, there are concerns that this application doesn’t comply with policy. They were also worried about the lack of engagement and that some aspects can no longer be handled through the enforcement process.

Members highlighted that the current occupiers of the building employ a significant number of people and provide opportunity for training and development within the community.

Councillor Bushby proposed to grant the application.

Other Members expressed that the Committee should follow process and fully evaluate a retrospective application likewise to a usual application.

The Planning Manager informed the Committee of the recent developments of industrial space within Holsworthy and throughout the Torridge area. The Planning Manager also explained that the enforcement process is extensive, separate, and ultimately expediency is determined by the legal team.

The Planning Manager explained that the enforcement process is extensive and separate as it is managed by the legal team.

Councillor Hepple moved the recommendation in the report.

The Chair highlighted the importance of considering the application by using the information supplied in the application and report.

It was noted that there have been no objections from local residents or the Parish Council.

Members stated that they aim to support local business, however the building has been erected outside of planning policy.

Councillor Whittaker seconded the recommendation in the report.

Members conveyed their frustration for the disregard of the original planning permission. Although, the Committee stressed their conflict as they aspire to generate growth in the area. Further Members, citing the NPPF, emphasised that economic development is a significant issue that needs to be considered.

Councillor Leather seconded the proposal to grant the application.

In response to questioning, the Principal Planning Officer stated that enhancements could be made to the site including a Carbon Reduction Plan and a Landscape Ecology Plan. He also stated that there would also be a condition regarding drainage as well as the two conditions required by Devon County Highways.

The Planning Manager advised that if Members were minded to approve, asked that the final wording of conditions be delegated to the Chair, Vice-Chair, and Officer. She also stressed the importance of evaluating the application as a class B8 use generally rather than focusing on a specific occupier.

Councillor Bushby, Leather, and Lock cited policies ST11(2), ST11(7), ST03, NPPF127(b), NPPF11(b) to evidence their proposal to grant the application.

The Planning Manager explained that’s Officer’s would not encourage alternative interpretations of key policies, however it is open  ...  view the full minutes text for item 84.

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

There was no site visit for this application as a virtual visit had already taken place on 6^th March 2025.

Application No.1/0596/2024/FULM - Retrospective application for retention and use of agricultural building for business use (use classes B8 and E(g)) - Killatree Cross Industrial Units, Pyworthy, Holsworthy.

Interests – Councillor Hepple advised the Committee that he notified the planning team about this matter in 2023.

Officer Recommendation – Refuse

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

Councillor Bushby proposed to grant the application on similar grounds, with the same conditions as the previous application (1/0965/2024/FULM).

Councillor Smith seconded the proposal to grant the application.

Members stressed that each application is determined on its own merits and that this application encourages employment and growth in the area.

Other Members stated that they cannot support the application as it conflicts with planning policy.

The Planning Manager advised that Members may wish to include a condition that all the units remain small scale. Councillor Bushby as proposer agreed to this condition.

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

A recorded vote was taken.

(Vote: For – 6, Against – 0, Abstentions – 2)

Resolved:

That the application is granted subject to similar conditions as application no.1/0965/2024/FULM which are delegated to Officers in conjunction with the Chair and Vice-Chair.

Richard White spoke as agent in support of the application.

Councillor K James, Ward Member addressed the Committee in support of the application.

Appeal Decision Summary and Reports of Planning Inspectorate

Summary

Appeal Decision – Reference No. E/23/0234/UND

                             Application No. 1/0993/2023/FULM

The Committee noted the Appeal Decisions.

Cost Decision 3337740 and 3348227.

The Committee noted the Costs on Appeals.

The Committee noted the Delegated Decisions for the period 4^th March 2025 to 25^th March 2025.

The Committee noted the Delegated Decisions.

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 4^th March 2025 to 25^th March 2025.

1/0035/2025/ FUL – Members queried the Officer’s report, specifically the access to the surgery. Members also highlighted their delight that a GP surgery is expanding which was reiterated by the Planning Manager.

Members asked Officer’s to define ‘decline to determine’. Clarification was given by the Planning Manager by referencing the Town and County Planning Act, citing section 70a,b,c.

Resolved:

That the Planning decisions for the period 04/03/2025 – 25/03/2025 be noted.

There are no Part II items.

There were no Part II items.