Agenda and minutes

To receive the Minutes from the meeting held on 10 March 2022.

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

Resolved:

That the Minutes of the meeting held on 10 March 2022 be agreed and signed as a correct record.

A recorded vote was taken.

(Vote:  For 8, 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.

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.

Installation and operation of a solar farm together with all associated works, equipment and infrastructure (Further Information) - Land At Webbery Barton And Cleave Farm, Bideford, Devon

The following Councillors had attended the site visit listed below:

Councillors:  C Leather, R Boughton, D Bushby, P Christie, R Craigie, R Lock, P Watson and R Wiseman

Application No.1/1057/2021/FULM - Installation and operation of a solar farm together with all associated works, equipment and infrastructure (Further Information) - Land At Webbery Barton And Cleave Farm, Bideford, Devon

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

Officer recommendation:  Grant

The planning application had been called into Plans Committee by Councillor Lock for Members to consider the following:

·         Overlooking

·         Noise

·         Traffic

·         Privacy

·         Environment

·         Footpaths

·         Intrusion into the Haddacott County Wildlife site

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

·         Publication of the British Energy Security Strategy

-       No change to the recommendation.

·         Radiocabon dating information received.

Additional comments from DCC Archaeology“No further archaeological mitigation is required.”

·         One additional representation (no additional points raised over those summarised).

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

Councillor Leather raised concerns which included the following:

·         The impact on the landscaping character,

·         No evidence of any benefits for local residents

·         No increase of enhancement of biodiversity

·         No carbon assessment provided so potential CO2 emission of savings is unknown

It became apparent during the discussion that Members were in support of the proposal, acknowledging the need for renewable energy and noting that statutory consultees had raised no objections.

It was proposed by Councillor Christie, seconded by Councillor Watson 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.

Mr Dale Hall, on behalf of the CPRE Devon, addressed the Committee objecting to the application.

Mr Keith Baxter addressed the Committee objecting to the application.

Mr David Moore addressed the Committee in support of the application.

Francis Mann addressed the Committee in support of the application.

Change of use of land to increase maximum number of pitches from 5 to 15 - Seabreeze Certificated Location Caravan Site, Long Lane, Appledore

The following Councillors had attended the site visit listed below:

Councillors:  C Leather, R Boughton, D Bushby, P Christie, R Craigie, R Lock, P Watson and R Wiseman

Application No.1/0910/2021/FUL - Change of use of land to increase maximum number of pitches from 5 to 15 - Seabreeze Certificated Location Caravan Site, Long Lane, Appledore.

Interests:  None

Officer recommendation:  Grant

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

1.    Adverse impact on character and appearance of the site and surrounding countryside

2.    Contribute to coalescence between Appledore and Northam

3.    Detract from setting and special qualities of the AONB

4.    Adverse access due to inadequate highway conditions and lack of footways

5.    Adverse effect on amenities of neighbouring residents

6.    Any economic benefit outweighed by the adverse environmental and other impacts

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

The following matters were raised and discussed during the debate:

·         Planted screening to stop caravans parking against the boundary of the dwellings.  There will also be an additional bank.  Significant amount of planting in front of the residential dwelling “Croft”. 

·         Detrimental impact to amenities and residents of the dwellings – no objections received from Environmental Protection Officer re noise etc. 

·         In the Local Plan the aim is to support rural tourism.

Councillor Leather recommended an additional condition be imposed as follows:

“That all hook ups and water standpipes to be located as shown on the plan”.  

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

A recorded vote was taken.

(Vote:  For 7, Against 2)

RESOLVED:

That the application Granted subject to the additional condition stated above and the conditions as set out in the report.

Gordon Hammond addressed the Committee objecting to the application

Sarah Mendoza, Chair of Appledore Residents Association, read out a statement on behalf of Keith Goodred

Councillor Hames, Ward Member, addressed the Committee

Erection of covered slurry store - Land At Worden Farm, Bradworthy, Devon.

Application No. 1/1351/2021/FUL - Erection of covered slurry store - Land At Worden Farm, Bradworthy, Devon.

Interests:  Councillor Boughton declared a prejudicial interest as the applicant, left the table and took no part in the debate and decision making.

Officer recommendation:  Grant

The planning application had been referred to Plans Committee as the applicant is an elected Member of Torridge District Council.

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

It was proposed by Councillor Lock, seconded by Councillor Watson 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.

Councillor Boughton, Applicant, addressed the Committee.

Removal of abandoned, partially constructed building and replace with no.1 residential dwelling - Land At Great Philham Farm, Hartland, Devon

The following Councillors had attended the site visit listed below:

Councillors:  C Leather, R Boughton, D Bushby, P Christie, R Craigie, R Lock, P Watson and R Wiseman

Application No.1/0081/2022/FUL - Removal of abandoned, partially constructed building and replace with no.1 residential dwelling - Land At Great Philham Farm, Hartland, Devon

Interests:

Officer recommendation:  Refuse

The planning application had been called into Plans Committee by Councillor Dart if the Officer was minded to recommend refusal, for the following reasons:

1.    This site is in desperate need of attention as what is existing, is an eyesore

2.    We currently have a shortage of housing stock, no 5 year housing land supply and this site is already half developed, (owing to the fact that historically there was a permission granted) albeit that it has now lapsed.

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

1.    Further to the submission of revised percolation tests, the Environmental Protection Officer has advised that suitable foul drainage arrangements can be provided.

Consequently, the third refusal reason in the Officer’s report can be disregarded.

2.    A further objection has been received since the Officers’ report was drafted.   The objection sets out concerns in relation to the manner in which a previous development was undertaken, as well as inaccuracies in respect of the current application to be considered today.

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

The following concerns/points were raised during the debate:

·         2002 planning application – proposal was to retain partially constructed structure on the site, this application had been refused but no formal enforcement action had been taken.  It does not preclude action from being taken because the structure is unauthorised.

·         When speaking on the application the Applicant and Agent referred to the proposal as a local needs dwelling, but the application is for a residential dwelling.  The Principal Planning Officer confirmed the application is for an open market dwelling, gave details of the policy that would need to be met and the requirement for a S106 Agreement to tie it in as a local needs dwelling.  

·         Sustainability issue – site not located within a Rural Settlement.

The Planning Manager addressed the Committee giving advice on the different criteria and avenues if the application had been for a local needs dwelling.   Officer’s will discuss with the applicant.

It was proposed by Councillor Christie, seconded by Councillor Watson that the application be refused.

A recorded vote was taken.

(Vote:  For 6, Against 3)

Resolved:

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

The Planning Manager read out a statement submitted by Diana & Paul MacKarel objecting to the application.

Brenda Hedden addressed the Committee objecting to the  ...  view the full minutes text for item 119d

Erection of 2 flats (Amended Plans) - 17 Barton Tors, East The Water, Devon

The following Councillors had attended the site visit listed below:

Councillors:  C Leather, R Boughton, D Bushby, P Christie, R Craigie, R Lock, P Watson and R Wiseman

Application No. 1/1340/2021/FUL - Erection of 2 flats (Amended Plans) - 17 Barton Tors, East The Water, Devon

Interests:  Councillor Christie and Bushby declared personal interests – dual hatted – Bideford Town Council

Officer recommendation:  Grant

The planning application had been called into Plans Committee by Councillors Gubb and McKenzie for the following reasons:

·         The development has not been planned well/overdevelopment

·         Making 18 (a semi) into a terraced house

·         Loss of light

·         The flats are far too big and are not in keeping with the rest of the surrounding area

·         Overbearing and negative impact on the character and appearance of the area

·         Drainage

·         Vehicle egress, highway safety and traffic

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

·         Amendment to the site plan to show rear access to 17 and 17a Barton Tors.

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

During the debate the following points/concerns were raised:

·         Overdevelopment of the site

·         Owner of no. 18 spoke and raised concerns that the proposal would make her semi-detached property a terraced property.  The Planning Manager advised this is a civil matter – there is a Party Wall Act which requires agreement.

·         Parking/ Highway issues – Overburdening on already busy road. The Planning Officer advised Members against refusing the application on grounds of highways because of the comments made by Devon County Highways.

·         Loss of amenity space for neighbour.

It was evident from comments made during the debate that Members were minded to refuse the application.  The Planning Manager advised that robust refusal reasons were required.

Councillor Leather proposed the following refusal reasons:

·         DM01 – Impact on amenity of the area and proposal site.

·         Highways Access and Parking – the adverse impact on local road with parking on the corner

·         DM04 – Overdevelopment of the site

It was proposed by Councillor Christie, 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.

Fiona McGauley addressed the Committee objecting to the application.

Nigel Gale, Agent, addressed the Committee in support of the application.

Installation of 1 x 27.5-metre-high ground based Swann Engineering 1S lattice tower, 6 x multi-band sector antenna fixed to tower headframe, 2 x 0.6m DIA transmission dishes fixed to tower headframe, 1 x ICD Airo cabinet (2100x750x600), 1 x M35 Emerson cabinet (1600x1200x600), 1 x MK5B Link AC cabinet (1200x500x1700), 1 x ICD Furo cabinet (2100x750x600), 2.1m high chainlink fence around with 1m wide gate 7m x 6m compound, Existing Stadium Lighting to be mounted on bespoke steel frame (10 x luminaires, 5 x control units and 1 x electricity distribution panel), Other ancillary equipment and cabling. - Bideford AFC (1987) Ltd, Robins Nest Clubhouse, The Sportsground.

Application No. 1/0036/2022/FUL - Installation of 1 x 27.5-metre-high ground based Swann Engineering 1S lattice tower, 6 x multi-band sector antenna fixed to tower headframe, 2 x 0.6m DIA transmission dishes fixed to tower headframe, 1 x ICD Airo cabinet (2100x750x600), 1 x M35 Emerson cabinet (1600x1200x600), 1 x MK5B Link AC cabinet (1200x500x1700), 1 x ICD Furo cabinet (2100x750x600), 2.1m high chainlink fence around with 1m wide gate 7m x 6m compound, Existing Stadium Lighting to be mounted on bespoke steel frame (10 x luminaires, 5 x control units and 1 x electricity distribution panel), Other ancillary equipment and cabling. - Bideford AFC (1987) Ltd, Robins Nest Clubhouse, The Sportsground.

Interests:  Councillor Christie and Bushby declared personal interests – dual hatted – Bideford Town Council

Officer recommendation:  Grant

The planning application had been referred to Plans Committee as the proposed scheme is sited on land in the ownership of Torridge District Council.

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

Following a brief discussion it was proposed by Councillor Watson, seconded by Councillor McGeough 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.

Appeal Decision Summary and Reports of Planning Inspectorate

Summary

Appeal Decision – Application No.1/0913/2020/FUL

Appeal Decision – Application No. 1/1180/2020/FUL

The Committee noted the Appeal Decisions.

Costs application in relation to Appeal Ref:  APP/W1145/W/21?3279537 – Goats Hill House, Northam, Bideford

The Committee noted the Costs on Appeals.

AGMB Decisions 24.02.2022 – 31.03.2022

The Committee noted the Delegated Decisions.

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed from 24 February 2022 to 31 March 2022.      

RESOLVED

That the Planning decisions for the period from 24 February 2022 to 31 March 2022  be noted.