Agenda and minutes

Prior to the commencement of the meeting the Chair sent get well wishes to Councillor R Lock and a minute’s silence was held for Councillor P Christie.

 

 

Apologies for absence were received from Councillor K Hepple with Councillor D Bushby substituting, and from Councillor R Lock with Councillor S Newton substituting.

To receive the Minutes from the meetings held on 7 December 2023 and

1 February 2024.

It was proposed by Councillor C Leather, seconded by Councillor C Wheatley and –

 

Resolved:

 

That the Minutes of the meeting held on 7 December 2023 be agreed and signed as a correct record.

 

A recorded vote was taken.

 

Councillor	For	Against	Abstain
Cllr D Bushby	X
Cllr K Hames	X
Cllr C Leather	X
Cllr S Newton			X
Cllr P Pennington	X
Cllr D Smith	X
Cllr H Thomas			X
Cllr C Wheatley	X
Cllr J Whittaker	X

 

(Vote: For 7, Abstentions 2)

It was proposed by Councillor P Pennington, seconded by Councillor H Thomas and –

 

Resolved:

 

That the Minutes of the meeting held on 1 February 2024 be agreed and signed as a correct record.

 

A recorded vote was taken.

 

Councillor	For	Against	Abstain
Cllr D Bushby	X
Cllr K Hames	X
Cllr C Leather	X
Cllr S Newton			X
Cllr P Pennington	X
Cllr D Smith	X
Cllr H Thomas	X
Cllr C Wheatley	X
Cllr J Whittaker	X

 

(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.

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.

 

 

Demolition of existing Interpretation Centre and erection of Heritage Boat House building - North Devon Maritime Museum, Odun House, Odun Road

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

 

R Lock, P Hames, J Whittaker, D Smith, D Bushby, P Pennington and

C Leather

 

The recording was forwarded to Councillors C Wheatley and H Thomas who did not attend the virtual site visit and P Pennington who had arrived late.

 

Application No. 1/1229/2023/FUL - Demolition of existing Interpretation Centre and erection of Heritage Boat House building - North Devon Maritime Museum, Odun House, Odun Road, Appledore

 

Interests: Councillor J Whittaker declared a personal interest - dual hatted as a Member of Northam Town Council and as a volunteer of the Museum. She left the table and took no part in the discussion.

 

The Chair declared a personal interest – dual hatted as a Member of Northam Town Council but came with a clear and open mind.

 

Officer recommendation:      Grant

 

 

The planning application had been called into Plans Committee by Councillor Hames to ascertain the impact on neighbouring heritage assets, and the loss of parking.

 

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

 

·         Additional 3rd party representations (summaries)

·         No evidence proposals are deliverable

·         Pollution/Hazards from boat building solvents

·         Height of the building is metres higher

·         Members should consider as a house (this is incorrect as this would not have public benefit)

·         Restrictive covenant (not a planning consideration)

·         Plans not correct (clarified by agent – “We can confirm that the drawings are accurate and based on a recent topographic survey”)

 

Additional information from agent

•      The shipping container is currently housing the picarooner, which will go into the new Heritage Boat House.

•      We can confirm that the container will be removed from site once the works are complete.

•      The existing buildings on site are already used partly as a workshop and boat repair/conservation space, with three boats recently undergoing repairs (picarooner, salmon boat and punt) and more in the past. It is an established use of the site from at least the 1980s.

•      The existing buildings are of poor construction, whilst the replacement buildings will be robust and to Building Regulations. If any noise or smell currently come from the buildings when repairs are happening, this will be less with the proposed scheme. In any case, the Trustees are not aware of any concerns expressed by neighbours about noise or smell to date.

•      The repair works follow historic processes, which is a main reason for this scheme, i.e. to keep alive these maritime crafts in Northern Devon before they are lost. These are traditional techniques employing only handheld tools, much less intrusive than modern industrial boat construction processes. The heritage tools/repairs used include wood chisels, jack planes, mallets etc but with the occasional but infrequent use of domestic electric drills and sanders.

•      In relation to the heritage vessels, repair works are one part of the vision for the new Heritage Boat House. Another part just as significant is the display of restored boats and traditional tools, re-discovering the feel  ...  view the full minutes text for item 18a

Demolition of existing Interpretation Centre and erection of Heritage Boat House building - North Devon Maritime Museum, Odun House, Odun Road

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

 

R Lock, P Hames, J Whittaker, D Smith, D Bushby, P Pennington and

C Leather

 

The recording was forwarded to Councillors C Wheatley and H Thomas who did not attend the virtual site visit and P Pennington who had arrived late.

 

Application No. 1/1230/2023/LBC - Demolition of existing Interpretation Centre and erection of Heritage Boat House building - North Devon Maritime Museum, Odun House, Odun Road, Appledore

 

Interests: Councillor J Whittaker declared a personal interest - dual hatted as a Member of Northam Town Council and as a volunteer of the Museum. She left the table and took no part in the discussion.

 

The Chair declared a personal interest – dual hatted as a Member of Northam Town Council but came with a clear and open mind.

 

Officer recommendation:      Grant

 

 

The planning application had been called into Plans Committee by Councillor Hames because of potential impact on heritage and non-designated heritage assets, together with loss of parking provision.

 

The Development Manager presented the application and informed Members of the main considerations.

 

The Planning Manager clarified this application had been brought forward under the Listed Building Act and that the key statutory consideration is the duties under the Planning (listed Building & Conservation Areas) Act 1990.

 

It was proposed by Councillor C Leather, seconded by Councillor P Pennington that the application be approved.

 

A recorded vote was taken.

 

Councillor	For	Against	Abstain
Cllr D Bushby	X
Cllr P Hames		X
Cllr C Leather	X
Cllr S Newton	X
Cllr P Pennington	X
Cllr D Smith		X
Cllr H Thomas		X
Cllr C Wheatley		X

 

 

 

 

 

 

 

 

 

 

 

 

 

(Vote:  For – 4, Against - 4, Abstentions - 0)

 

The Chair used his casting vote to refuse the application.

 

(Vote: For – 4, Against – 5, Abstentions – 0)

 

The motion was lost.

 

 

It was proposed by Councillor H Thomas, seconded by Councillor C Wheatley that the application be refused as the proposal is considered contrary to guidance as set in the National Planning Policy Framework and the Planning (Listed Buildings and Conservation Areas) Act 1990. In particular, the proposal does not accord with the duty set out in Section 16 of the Act, which requires special regard to the desirability of preserving the host listed building and its setting within the Appledore Conservation Area.

 

A recorded vote was taken.

 

Councillor	For	Against	Abstain
Cllr D Bushby		X
Cllr P Hames	X
Cllr C Leather		X
Cllr S Newton		X
Cllr P Pennington		X
Cllr D Smith	X
Cllr H Thomas	X
Cllr C Wheatley	X

 

 

 

 

 

 

 

 

 

 

 

 

 

(Vote:  For – 4, Against - 4, Abstentions - 0)

 

The Chair used his casting vote to refuse the application.

 

(Vote: For – 4, Against – 5, Abstentions – 0)

 

The motion was carried.

 

 

Resolved:

 

That the application be refused.

 

Jennifer Arnold addressed the Committee objecting to the application.

Francis Arnold addressed the Committee objecting to the application.

 

Proposed new dwelling, access and associated external works - Land At Grid Reference 244123 126283, Laurel Avenue, Bideford.

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

 

R Lock, P Hames, J Whittaker, D Smith, D Bushby, P Pennington and

C Leather

 

The recording was forwarded to Councillors C Wheatley and H Thomas who did not attend the virtual site visit and P Pennington who had arrived late.

 

 

 

Application No. 1/0369/2023/FUL - Proposed new dwelling, access and associated external works - Land At Grid Reference 244123 126283, Laurel Avenue, Bideford

 

Interests: None declared.

 

Officer recommendation:      Grant

 

 

The planning application had been called into Plans Committee for consideration if the recommendation is for approval, by Councillor Brenton for the following reasons:

 

·         Flooding

·         Two storey house out of context with the rest of the road

·         Overlooking of properties to the rear

·         Evidence of wildlife needs wildlife survey

·         Plot is too small for proposed dwelling

·         Construction likely to infringe the Party Wall Act (although civil matter)

·         Adjacent to National Grid land

 

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

 

During the Member discussion the following matters/concerns raised included:

 

·         Loss of wildlife and green area

·         Proximity of neighbours

·         Size of parking spaces

·         Lack of energy efficiency on the new build

 

Advice and clarification was given by the Planning Officer and Planning Manager throughout the debate.

 

 

 

 

 

It was proposed by Councillor J Whittaker, seconded by Councillor C Leather   that the application be approved.

 

 

Councillor	For	Against	Abstain
Cllr D Bushby	X
Cllr P Hames		X
Cllr C Leather	X
Cllr S Newton	X
Cllr P Pennington	X
Cllr D Smith	X
Cllr H Thomas	X
Cllr C Wheatley	X
Cllr J Whittaker	X

(Vote:  For – 8, Against – 1, Abstention - 0)

 

Resolved:

 

That the application be granted.

 

Councillor A Brenton, as Ward Member, addressed the Committee objecting to the application.

Rebecca Fearnley addressed the Committee in support of the application.

Amanda Bonnefin addressed the Committee, on behalf of Mandy and Graham Speed, objecting to the application.

Erection of a 50-space Car Park and associated access, landscaping and ancillary infrastructure (Affecting a public right of way) - Land Off Caddywell Lane, Torrington, Devon.

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

 

R Lock, P Hames, J Whittaker, D Smith, D Bushby, P Pennington and

C Leather

 

The recording was forwarded to Councillors C Wheatley and H Thomas who did not attend the virtual site visit and P Pennington who had arrived late.

 

 

 

Application No.1/1124/2023/FUL  -  Erection of a 50-space Car Park and associated access, landscaping and ancillary infrastructure (Affecting a public right of way) - Land Off Caddywell Lane, Torrington, Devon

 

Interests: Councillor D Smith declared a personal interest – dual hatted – Great Torrington Town Council.

 

 

Officer recommendation:      Grant

 

 

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

 

·         A question mark over the need for this car park and the nature of its

links with the associated application for 181 houses.

·         Concerns have been raised about the surface water run-off capacity on

the sewer systems.

·         The overlooking of existing properties.

·         The suggestion that this car park would serve the junior school seem

           contrary to the parking measures the school have recently introduced.

·         A development of this kind could prove to be a target for anti-social

     behaviour, especially if its long-term security and maintenance is

           privately managed.

·         Development of this site is not in keeping with the local plan and there

           are other concerns in addition to these.

 

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

 

The Chair opened the application to a debate and the Committee were invited to ask questions.

 

It was confirmed that the reserved matters application in 2017 had expired on 14.01.2024.

 

 

The Principal Planning Officer clarified queries and gave advice regarding the S106 requirement for the car park in relation to the 2019 planning application for 180 dwellings.

 

In response to a concern reference the number of neighbours consulted, the Planning Manager advised of the activities taken place to meet the statutory consultation process requirements.

 

The potential future ownership and management of the car park was explained to the Committee.

 

The Planning Manager advised the Committee of the reasons why the car park was required and explained the potential impact, on the housing development, if the car park application was refused. 

 

Confirmation was given on the ownership of the land the car park would be built on.

 

The Planning Manager advised robust reasons would be required for refusal of the application.

 

There is no obligation for the developers to provide electric vehicle charging points.

 

An updated transport assessment was not required for this application as DCC Highways were satisfied and had no concerns with the application.

 

It was proposed by Councillor C Leather, seconded by Councillor S Newton that the application be approved.

 

A recorded vote was taken.

 

Councillor	For	Against	Abstain
Cllr D Bushby	X
Cllr P Hames		X
Cllr C Leather	X
Cllr S Newton	X
Cllr P Pennington	X
Cllr H Thomas		X
Cllr C Wheatley		X
Cllr J Whittaker	X

(Vote:  For – 5, Against  ...  view the full minutes text for item 18d

Development of upto 71no. dwellings, including vehicular and pedestrian access and parking, community car park, amenity space, landscaping including community woodland, and associated works (Resubmission of 1/0482/2022/FULM) - Land At Grid Reference 263212 108395, Chulmleigh Road, Winkleigh

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

 

R Lock, P Hames, J Whittaker, D Smith, D Bushby, P Pennington and

C Leather

 

The recording was forwarded to Councillors C Wheatley and H Thomas who did not attend the virtual site visit and P Pennington who had arrived late.

 

 

Application No. 1/1207/2023/FULM  -  Development of up to 71 no. dwellings, including vehicular and pedestrian access and parking, community car park, amenity space, landscaping including community woodland, and associated works (Resubmission of 1/0482/2022/FULM) - Land At Grid Reference 263212 108395, Chulmleigh Road, Winkleigh

 

Interests: Councillor S Newton declared a personal interest as he was previously involved with the application. He left the table and took no part in the debate.

 

Officer recommendation:      Grant

 

 

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

 

·         Similar application recently refused by Committee.   It would be inappropriate for a delegated decision.

·         No confirmation from Historic England that they are content with the scheme.

 

Prior to the start of the presentation Members were advised of the following updates:

 

•      Amendment to condition 5

“With the exception of works to provide an access into the site (for a length period of no more than 10 metres), no development shall take place unless approved by the Council, until a Compensatory Habitat Scheme (to include ongoing monitoring details) appropriate to compensate and provide for a minimum of 10% net gain, has been submitted to and approved in writing by the Council. The compensatory habitat secured by the scheme will be functionalwithin 12 months of occupation of the 60th dwelling and be managed for a minimum of 30 years.”

Reason remains unchanged

•      Removal of community woodland mitigation contribution (sufficient is provided on site).

 

 

The Development Manager presented the report and informed Members of the main planning considerations.

Following a request for guidance on how much weight should be given to the Neighbourhood plan, the Development Manager provided an explanation.

 

The Development Manager addressed concerns regarding the following:

 

·         Woodland and attenuation areas

·         Historic England’s opinion

·         Castle Court monument

 

Following a query regarding the NHS contributions, the Development Manager advised this was not a recommendation in the report, however, would pass Councillor P Pennington’s concerns to the NHS.

 

It was proposed by Councillor C Leather, seconded by Councillor D Bushby   that the application be approved with the above amendments.

 

 

Councillor	For	Against	Abstain
Cllr D Bushby	X
Cllr P Hames	X
Cllr C Leather	X
Cllr P Pennington	X
Cllr D Smith	X
Cllr H Thomas	X
Cllr C Wheatley	X
Cllr J Whittaker	X

(Vote:  For - unanimous)

 

Resolved:

 

That the application be granted subject to the amendment to condition 5 and removal of the community woodland mitigation contribution.

 

Alice Turner addressed the Committee in support of the application.

Mike Wilson addressed the Committee in support of the application.

Councillor S Newton, as Ward Member, addressed the Committee in support of the application.

Demolition of redundant farm buildings and replacement with a new dwelling in lieu of Class Q approval 1/0846/2021/AGMB - Barn At Grid Reference 240087 090141, Broadwoodwidger, Devon

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

 

R Lock, P Hames, J Whittaker, D Smith, D Bushby, P Pennington and

C Leather

 

The recording was forwarded to Councillors C Wheatley and H Thomas who did not attend the virtual site visit and P Pennington who had arrived late.

 

 

Application No. 1/1038/2023/FUL  -  Demolition of redundant farm buildings and replacement with a new dwelling in lieu of Class Q approval 1/0846/2021/AGMB - Barn At Grid Reference 240087 090141, Broadwoodwidger, Devon

 

Interests: None declared.

 

Officer recommendation: Grant

 

 

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

 

·         ‘The proposed property is 25% bigger than the existing building.

 

·         In addition to the above concerns, the Parish Council object to these application as the proposals will completely alter the agricultural environment setting that they sit in. They can be seen from the highway which alters the landscape and there are serious concerns over the access.

 

·         This site now has 4 developments on and is a huge overdevelopment of the area, in effect creating a new hamlet.

 

·         The Parish Council would request that the planning officer makes a site visit in relation to all cases on this development site ahead of any decision making.’

 

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

 

·         Applicant has provided percolation tests following the publication of Committee Reports.

 

·         Environmental Protection Officer stated:

Having reviewed the percolation test results provided, it would appear that the ground has suitable permeability and sufficient land is available to accommodate the required drainage field.  Subsequently, a suitable foul drainage scheme has been demonstrated.

 

The Principal Planning Officer thought it useful for the Committee to be aware of the following case law which sets the context for the principle of Class Q fallback:

Mansell v Tonbridge & Malling Borough Council [2017] EWCA Civ 1314

 

The Court of Appeal held that the fact that an agriculturalbuilding could be converted (the "fallback position") is a material planning consideration when considering a proposal for a new house or houses, provided that there is a realistic prospect of such development going ahead. Where such consent exists, or could reasonably be granted, then it is possible to design a brand-new house and present a case to a Local Planning Authority that there are benefits ("a betterment") in planning terms over and above any generated from the Class Q/Planning Permission conversion.

 

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

 

Confirmation was given, following a query, that there is no limit on the increase in size.

 

In response to a query regarding policy DM27, the Principal Planning Officer advised this policy allows the conversion of an existing building and this application was the demolition of the old to erect a new building.

 

During the discussion Councillor P Pennington declared a personal interest as a farmer who lives in the countryside. 

 

It was confirmed that there is no  ...  view the full minutes text for item 18f

Appeal Decision Summary and Reports of Planning Inspectorate

 

Summary

 

Appeal Decision – App. No. 1/0860/2022/OUT

Appeal Decision – App. No. 1/1080/2022/AGMB

Appeal Decision – App. No. 1/0467/2022/FUL

 

Costs Decision – App. No. 1/0467/2022/FUL

The Committee noted the Appeal Decisions and the Cost Decision.

 

Decision 24.1.2024 – 22.02.2024

The Committee noted the Delegated Decisions.

 

List of Delegated Planning Decisions, Consultee Abbreviations and Application Types enclosed  24.02.2024 to  22.2.2024.

 

 

Resolved:

That the Planning decisions for the period 24.01.24 – 22.02.24 be noted.