Agenda and draft minutes

To receive the Minutes from the meeting held on 30 March 2023.

APOLOGIES

Apologies for absence were received from Councillor Hepple (Councillor Hackett substituting) and Councillor Whittaker (Councillor Gibson substituting).

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

Resolved:

That the minutes of the meeting held 30 March 2023 be agreed and signed as a correct record, subject to the following amendment:

Application no. 1/1141/2022/LA

Councillor Pennington proposed that the following wording “Due to the conduct of the public ……” be amended to read “Due to a small number of members of the public…..”

A recorded vote was taken.

(Vote: For 3, Abstentions 5) – Councillor Smith was not present when the vote was taken.

Councillor Christie said he had asked that all new Members receive a presentation on the Environment Centre.

Councillor Hames sought clarity on Councillor Christie’s comments in relation to the “Possibility of smells and the inclusion of a negative atmosphere on the site”. Councillor Christie clarified why he had raised this matter as a possibility for the site.

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.

Outline application for up to 22no. dwellings with all matters reserved except access - Land West Of North Road, Bradworthy, Devon.

Councillor Smith arrived at 9.41am.

The following Councillors had attended the site visit listed below:

Councillors:  R Lock, P Hames, S Gibson, P Hackett, P Pennington,

C Wheatley, C Leather and P Christie

Application No. 1/0632/2021/OUTM - Outline application for up to 22no. dwellings with all matters reserved except access - Land West Of North Road, Bradworthy, Devon

Interests:   None

Officer recommendation:   Refuse

The planning application had been called into Plans Committee on 2 December 2021 by Councillor Boughton if the recommendation was to approve the application, for the following reasons:

“The Parish Council have asked me to call in application 1/0632/2021OUTM for the following reasons:

It is outside of the development boundary and in open countryside so does not accord with ST07.

These dwellings are not needed as there are already a huge number yet to be developed.

Concern over access and lack of pavements and increased traffic.

Loss of trees and impact on wider landscape.

Serious concerns as to how the village infrastructure will cope with yet more house, particularly the school and doctors’ surgery”.

The application was considered by Plans Committee on 2 December 2021 when it was resolved to grant the application subject to a Section 106 Agreement.   The Council’s Solicitors drafted a S106 Agreement and circulated this to the applicants and their Solicitors.  However, the Agreement has not been signed and agreed to date.

The Principal Planning Officer presented the report and informed Members of the main planning considerations, and the reasoning for the recommendation of refusal.

During the debate issues and concerns raised included:

·         Approval of the previous application – Council did not have a Five Year Land Supply.  The publication of a Five Year Housing Land Supply Statement in April 2023 now means the Council no longer has to consider it necessary to apply the “tiled balance” when determining planning applications.

·         The site being outside the development boundary.

·         A significant number of unbuilt houses approved in Bradworthy.

·         Application should be seen as a new application and not have the same application number as previously.   The Planning Manager addressed this issue and advised that should the S106 Agreement be signed it is still not acceptable because of the change in Policy context.

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

A recorded vote was taken.

(Vote: For 7, Against 1, Abstentions 1)

RESOLVED

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

The Planning Manager read out a statement from Bradworthy Parish Council

Mr S Bainbridge, Agent, addressed the Committee in support of the application.

Outline application with all matters reserved 1 no. local needs dwelling (Amended certificate) - Halfpenny Land, Dolton, Winkleigh.

The following Councillors had attended the site visit listed below:

Councillors:  R Lock, P Hames, S Gibson, P Hackett, P Pennington,

C Wheatley, C Leather and P Christie

Application No. 1/0349/2022/OUT - Outline application with all matters reserved 1 no. local needs dwelling (Amended certificate) - Halfpenny Land, Dolton, Winkleigh

Interests:  Councillor Lock declared a prejudicial interest – predetermination -  left the table and took no part in the debate and decision making

Officer recommendation:   Refuse

The planning application had been called into Plans Committee on 9 September 2022 by Councillor Lock if the recommendation was to refuse the application, for the following reasons:

“Accords with Policies ST01, DM01, DM24, ST10 & DM05.  Would provide a local needs dwelling for young local person who has grown up in the village and if granted with a local needs SEC 106 would remain so”.

Following a resolution to approve from the Plans Committee on 9 September 2022, the Planning Agent sought to correct an error on the submitted Certificate.  This should have been corrected at the outset of the application and technically meant the application was unlawful.  Therefore, on receipt of the correct Certificate, the Council re-started the application and it must be re-considered by Plans committee as it represents a different application to that previously considered.

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

The previous Committee date was 6 October 2022 and not 9 September as stated in the report.

The Planning Officer presented the application and informed Members of the main planning considerations and the reasoning for the recommendation of refusal.

During the debate it became apparent that Members were supportive of the application, stating that it is a rural business requiring to be in the countryside.

The Planning Manager gave advice on the conditions to be imposed should Members be minded to approve the application.

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

A recorded vote was taken.

(Vote: For 8) – One Member away from the table

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 H Jennings, Applicant, addressed the Committee in support of the application.

Councillor Lock, Ward Member, addressed the Committee.      

Erection of a boarding cattery to include a kitchen and office with 15 units - West Villa, Chilsworthy, Holsworthy

The following Councillors had attended the site visit listed below:

Councillors:  R Lock, P Hames, S Gibson, P Hackett, P Pennington,

C Wheatley, C Leather and P Christie

Application No. 1/0087/2023/FUL - Erection of a boarding cattery to include a kitchen and office with 15 units - West Villa, Chilsworthy, Holsworthy.

Interests:  None

Officer recommendation:   Grant

The planning application had been called into Plans Committee by the Ward Member, Councillor Hepple, if the Planning Officer is minded to recommend that the application be approved.   The reasons for the call-in are:

·         The proposal represents overdevelopment as it has been “proven” apparently to be in the “countryside”.

·         Such over-development is contrary to planning policies adopted as part of North Devon & Torridge Local Plan.

·         Holsworth Parish Council and affected neighbours should be entitled to address the Plans Committee in regard to this application.

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

Issues/concerns raised and discussed during the debate included:

·         It is a rural business expanding over time

·         Potential conflict between cats and dogs

·         There are 15 units with a potential occupancy of 30 cats – this could generate significant levels of noise and smell

·         Highway concerns in relation to traffic movements – the Principal Planning Officer referred Members to the Devon County Highways response of “standing advice”.  He addressed the concerns reporting it is not a single track lane and two cars can easily pass each other.

Councillor Lock referred to the comments of Holsworthy Hamlets Parish Council and asked that they be made aware their comments had not been ignored.

Councillor Pennington recommended an additional condition be added regarding removal of waste.  The Planning Manager confirmed a condition can be imposed - written agreement confirming that waste will be disposed of. It will also be controlled through a Licence.  The Principal Planning Officer will draft an agreement and circulate to Members.

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

A recorded vote was taken.

(Vote: For 6, Against 3)

RESOLVED

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

Mr R Ainslie addressed the Committee objecting to the application.

Mr B Harris, Applicant, addressed the Committee in support of the application. 

The Planning Manager read out a statement from the Ward Member, Councillor Hepple.    

Part retrospective application for relocation and repair of existing buildings, part change of use of existing building and erection of new steel frame industrial shed (Class E) - (Amended red edge) - Bovacott Works Yard, Brandis Corner, Devon

The following Councillors had attended the site visit listed below:

Councillors:  R Lock, P Hames, S Gibson, P Hackett, P Pennington,

C Wheatley, C Leather and P Christie

Application No. 1/1378/2021/FUL - Part retrospective application for relocation and repair of existing buildings, part change of use of existing building and erection of new steel frame industrial shed (Class E) - (Amended red edge) - Bovacott Works Yard, Brandis Corner, Devon

Interests:  Councillor Hackett declared a personal interest – known to the applicant – but attended with an open mind.

Officer recommendation:   Refuse

The planning application had been called in for consideration by Plans Committee if the recommendation is for refusal by Councillor James for the following reasons:

·         This is a brown field site

·         It has been used as an industrial site since the war (2^nd)

·         There is a proven need in the area

·         There are employment opportunities

·         It complies with Government policy regarding redevelopment of brown field sites

During the presentation Members were advised of the following update:

“Confirmation of the foul drainage arrangements had now been received, therefore reason for refusal 3 will be removed”.

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

The Devon County Highways Officer addressed the Committee in relation to access and parking concerns.  He outlined his reasons for requesting further information to allow them to make a recommendation based on a reasonable evidence base. 

The Devon County Highways Officer responded to concerns raised by Councillor Pennington regarding checking historic movements and how to enforce if no measurements to enforce. 

Councillor Lock acknowledged that the applicants are working towards traffic movements, what sort of vehicles and they are also looking to improve the junction, and therefore suggested that the application be deferred until further information is received.  

The Development Management Team Leader addressed a concern raised regarding change of use and clarified that Class ‘E’ use is for a wide range of uses.   The Planning Manager informed Members that what it does not encompass is motor repair and any motor type of use.

It was proposed by Councillor Hames that the application be refused, there was no seconder.

The Planning Manager informed the Committee that reasons for deferral would be required to ensure the applicant and agent know what further information is needed.   The relevant policies were discussed.

It was proposed by Councillor Lock, seconded by Councillor Christie that the application be deferred for further information on:

1.    Highways junction improvements

2.    Traffic movements and types of vehicles

3.    Potential end users

A recorded vote was taken.

(Vote:  For – Unanimous)

RESOLVED:

That the application be deferred for further information on highway issues as stated above.

Mr  ...  view the full minutes text for item 92d

Part retrospective application for garage and garden room - 15 Church Meadow, High Bickington, Umberleigh

The following Councillors had attended the site visit listed below:

Councillors:  R Lock, P Hames, S Gibson, P Hackett, P Pennington,

C Wheatley, C Leather and P Christie

Application No. 1/0020/2023/FUL - Part retrospective application for garage and garden room.

Interests:  Councillor Lock declared a prejudicial interest – known to the applicant and family – left the table and took no part in the debate and decision making

Officer recommendation:  Refuse

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

1.    Impact on residential amenity. ie overbearing, enjoyment of garden

2.    Design – out of character with buildings in the locality

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

During the discussion the following issues/concerns were raised:

Overlooking from the toilet window – the Principal Planning Officer advised that the Agent had confirmed the window will be lower than the fence.  

Matching slate to be used.

It was proposed that two additional conditions be imposed, namely:

1.    The toilet window to be obscure glazing

2.    The roof material to be slate

There is mention of a toilet in the report but not on the plans and also there is no indication of drainage.   The Planning Manager advised that a toilet can be put into the outbuilding without planning permission and would connect to the drainage provision of the main dwelling. 

Advice was given by the Planning Manager should Members be minded to refuse the application.   

It was proposed by Councillor Hackett, seconded by Councillor Gibson that the application be approved, subject to the additional conditions as stated above.

A recorded vote was taken.

(Vote:  For 2, Against 6)

The motion was lost.

It was proposed by Councillor Pennington, seconded by Councillor Leather that the application be refused for the following reasons:

·         DM01 – height of garage

·         DM04 – Design

·         DM25

A recorded vote was taken.

(Vote:  For 6, Against 2)

RESOLVED:

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

Mrs I Butcher addressed the Committee objecting to the application

Mrs K Bradley read out a statement on behalf of Mr A Butcher objecting to the application.

In accordance with the Constitution it was proposed by Councillor Leather, seconded by Councillor Smith and –

Resolved:

That in view of the fact 3 hours had elapsed since the meeting had commenced, that the meeting should continue.

A recorded vote was  ...  view the full minutes text for item 92e

Appeal Decision Summary and Reports of Planning Inspectorate

Summary

Application No. 1/0043/2022/FUL

Application No. 1/0166/2022/LBC

Application No. 1/1407/2021/FUL

Application No. 1/0660/2021/REMM

Application No. 1/0665/2021/OUT

Application No. 1/0218/2022/FUL

Application No. 1/0096/2022/OUT

The Committee noted the Appeal Decisions.

No Costs on Appeals

There was no cost on Appeals.

Councillor Christie asked that a standing item be included on the Agenda stating figures of the costs on Appeals.    This request was agreed by the Planning Manager.

AGMB Decisions 21.03.2023 – 30.05.2023

The Committee noted the Delegated Decisions.

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed 21.03.2023 and 30.05.2023.

RESOLVED

That the Planning decisions for the period 21 March 2023 - 30 May 2023 be noted.