Agenda item

Erection of building for flexible use under use classes B2 and B8

Land At Halfpenny Yard, Dolton, Devon

The following Councillors attended the virtual site visit:

Councillors: Lock, Leather, Hames, O’Rourke, Pennington, and Smith.

A recording of the virtual site visit was sent to Councillors Bushby, Kenneally, and Harding.

Application No.1/0763/2025/FUL- . Erection of building for flexible use under use classes B2 and B8, Land at Halfpenny Yard, Devon.

Interests – The Chair declared an interest and withdrew from the discussion. Councillor Leather then assumed the role of Chair for this application.

Recommendation - Refuse

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

Councillor Bushby left the meeting at 10:30am

Members noted they had heard the Parish Council supported the application, but no representation had been received. The Principal Planning Officer explained that a late comment was submitted on the 2^nd February, expressing general support with no further detail.

Members emphasised the importance of supporting local rural business to help retain valuable skillsets within Torridge.

Councillor O’Rourke proposed to approve the application with flexible B2 use. This was seconded by Councillor Kenneally.

The Principal Planning Officer noted the need to consider Local Plan policies. He explained that while the authority generally supports rural business – as shown by previous permissions on this site – the current proposal is for flexible B2 use with no definite rural connection. He also highlighted that the application does not demonstrate that there are no other suitable sites.

The Planning Manager referred to policy DM14, rural economy and suggested that this application is a larger scale than this policy considers. She furthered citing policy NPPF 89, rural business and recognition that employment on the site is to serve local needs. Therefore, to suggest that this flexible B2 use, without any restriction is contrary to the Local Plan and National Policy.

The Planning Manager reminded Members about the concerns raised by the neighbour and the Environmental Protection Team.

Members acknowledged the constraints faced by Officers but expressed concern that similar situations seem to be recurring.

Councillor Hames sought clarification on the purpose of the application, noting that the speakers described it as a taxi-maintenance facility, yet the application seeks flexible B2 and B8 use rather than specifically proposing vehicle maintenance.

Members suggested adding conditions, such as prohibiting the sale of goods to the general public.

The Principal Planning Officer outlined the proposed split between B2 and B8 floorspace and explained that, because of this, Natural England had not been consulted. He advised that if the Committee wished to overturn the recommendation, a new condition specifying the floorspace split would be required; otherwise the application would need to be deferred for consultation. He added that the applicant is aware and has agreed to this.

The Planning Manager outlined possible conditions – including limits on operating hours, restrictions on flooring areas, and a prohibition on selling goods to the public – which could be delegated to the Chair and Vice-Chair for agreement.

Members referred to policies ST74 and NPPF89 to support their recommendation to approve the application.

A recorded vote was taken.

(Vote: For – Unanimous)

Resolved –

That the application is granted subject to conditions being finalised by Officers in consultation with the Chair and Vice-Chair.

Harrison Jennings addressed the Committee as applicant in support of the application.

Councillor Lock spoke as Ward Member in support of the application.