Agenda item

Retrospective creation of vehicular access, including installation of gates, wall, fence, and hedgebank; the partial removal of the unauthorised boundary wall and fencing; closing of the existing vehicular access; and associated works, including landscaping (Affecting a public right of way) - River View, Bidna Lane, Northam, Bideford, Devon, EX39 1NU.

Application No.1/0976/2024/FUL - Retrospective creation of vehicular access, including installation of gates, wall, fence, and hedgebank; the partial removal of the unauthorised boundary wall and fencing; closing of the existing vehicular access; and associated works, including landscaping (Affecting a public right of way) - River View, Bidna Lane, Northam, Bideford, Devon, EX39 1NU.

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

Officer Recommendation – Grant

The application was called in by Councillor P Hames for the following reason – ‘To enable members of the Plans Committee to consider planning issues relating to the application.’

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

The Principal Planning Officer also gave a verbal update:

-       The following additional public representations were received in relation to the planning application.

Objection Comment x 2

o   Accuracy of the gate height.

o   Scale of pillars and gate.

o   Hedgebank details and design.

o   Permitted development consideration of gate pillars.

o   Request for Condition relating to removal of concrete beneath hedgebank.

o   Proposed Minimum height condition, only being at 1.9 metres.

o   Wording of Condition 4 only referring to one hedgebank.

Members stated that the proposed revisions contain slight improvements to the original application, however the main consideration of character and appearance had not been sufficiently addressed.

The Planning Officer answered queries about:

-       Mechanics of the electric gate in relation to height

-       The height of the pillars

-       Concerns over concrete at the base of the hedgerow

-       Visibility from Bidna Road.

The Principal Planning Officer and Planning Manager clarified permitted development rights and detailed how it is monitored and enforced as a requirement of Biodiversity Net Gain.

Councillor P Hames proposed to refuse the application as the revised plans still have an adverse impact on the area. Councillor Newton specified further stating that the Committee had concerns about the proposed hedgebank and pillar height.

Councillor D Smith seconded the proposal to refuse.

Members were in agreement that the revised plan did not address all of the concerns, however the applicant will have the opportunity to discuss these issues with the Planning Officer in order to amend and reapply.

Councillor C Leather proposed that the application be deferred. Councillor K Hepple seconded this proposal.

The Planning Manager asked that Members be clear on the refusal reason. The policies sited as a reason for refusal were ST09, DM08A, DM04, ST04.

It was proposed by Councillor P Hames, seconded by Councillor D Smith that the application be refused.

A recorded vote was taken.

(Vote, For – 4, Against – 3, Abstentions – 0)

The motion for refusal was carried.

RESOLVED:

That the application be refused due to the adverse impact on the area arising from the gates and pillars, citing polices ST09, DM08A, DM04, ST04.

As the first proposal was carried, no vote was taken for the second proposal.

Veronica Leat addressed the Committee objecting to the application.

Keith Goodred addressed the Committee objecting to the application.