Agenda and minutes

To receive any apologies for absence and notices of appointment of substitute

Apologies were received by Cllr Mrs F J Colthorpe who was substituted by Cllr C Eginton.

To receive any questions relating to items on the agenda from members of the public and replies thereto.

Note:   A maximum of 30 minutes is allowed for this item.

Hayley Keary, referring to No 3 on the plans list stated:

My name is Hayley Keary, I live at 44 Higher Town a heritage asset at the NE end of the site and have done for 44 years.  Due to its position facing full on to the site, and its close proximity, it gets the worst of the impacts.    Our main room is the kitchen, the window itself is about 2m from the boundary, the floor level is about 1.5m below the nearest onsite land.  

This means we have very limited light reaching our only two downstairs rooms.  The planning is deeply distressing due to harm to our living conditions via impact on light, outlook and privacy. 

We have repeatedly invited planning committees to make an internal visit as we are at a distinct disadvantage without one, but a visit has not yet taken place.  Without seeing the outlook from inside, Members cannot get the full picture:  it is hidden due to these unusual levels and close proximity. 

The plans before you are in-accurate in the way 42-46 Higher Town are shown.  Our kitchen window at 44 is actually located within the area marked 46. The case officer and developer do now accept this.  On 13 June the developer met with us and agreed to talk with the officer about a Condition for changes to landscaping at the NE: this led to Condition 7, which we much appreciate.

This Condition accepts what has already been done to keep our privacy and not obstruct our open skyline outlook.  It also allows for further changes to reposition trees and guarantee hedge heights and boundary treatment nearby. 

We therefore welcome Condition 7, and seek that you ensure that if the application is approved today, then this Condition is accepted, but we respectfully ask for one addition:  after the word ‘referencing’ in line 4, please add the words ‘path levels’.  This would allow the possibility of lowering, by about 50 cms, the path that will run across the front of 42-46 Higher Town. 

This would protect our privacy at 44 by limiting overlooking of our windows from the path.  The officer has told us that he has asked the developer previously to do this, so please can the committee add the words ‘path levels’ to Condition 7. 

We fully support community calls for the play area to be removed from its proposed position because, as planned, it would extend some distance across our outlook.  The inevitable noise and overlooking from a playground so close is unacceptable and harmful to the setting of heritage assets.

One final point –The applicant wants to locate the car park, storage area and site offices on the skyline directly in the view from this same window during the 3 year construction period.  Please do not allow this.

My question is to the Chair: Please will you ensure that my request to amend the wording of Condition 7 by adding the words ‘path levels’ is directly addressed by the Committee  ...  view the full minutes text for item 13.

To record any interests on agenda matters

Cllrs P J Heal, E J Berry, S J Clist, Mrs C Collis, C Eginton, L J Cruwys, Mrs C P Daw, B Holdman, D J Knowles, F W Letch and B G J Warren all made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters for application 22/00040/MARM as they had received correspondence from objectors.

Cllr B Holdman made a personal declaration for application 22/00040/MARM as he knew neighbours of the application site

Cllrs Mrs C Collis, Mrs C P Daw, E J Berry and B G J Warren made personal declarations for application 22/00040/MARM as they had represented the Authority at appeal.

To consider whether to approve the minutes as a correct record of the meeting held on 18 May 2022.

The minutes of the meeting held on 18^th May 2022 were agreed as a true record and duly signed by the Chairman

         To receive any announcements the Chairman may wish to make. 

The Chairman reminded the Committee of the meeting dates of 13^th and 27^th July.

To report any items withdrawn from the agenda

There were no items withdrawn from the agenda

To consider the planning applications contained in the list.

The Committee considered the applications in the *Plans List.

Note: *List previously circulated and attached to the minutes

Applications dealt with without debate.

In accordance with its agreed procedure the Committee identified those applications contained in the Plans List which could be dealt with without debate.

RESOLVED that the following applications be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:

a.    Application 22/00431/FULL - Change of use from public convenience to office/storeroom (Class E (g) (i) and B8) at Public Conveniences, Footpath from Bus Station to Phoenix Lane, Tiverton be approved subject to conditions as recommended by the Development Management Manager.

(Proposed by the Chairman)

Reason for the decision: As set out in the report

b.    Application 22/00599/HOUSE - Erection of single storey extension at Lower Warnicombe House, Warnicombe Lane, Tiverton be approved subject to conditions as recommended by the Development Management Manager.

Reason for the decision: As set out in the report

(Proposed by the Chairman)

c.    Application 22/00040/MARM - Reserved Matters for the erection of 60 dwellings and construction of new vehicular access onto highway to the west of the site (with access reserved) following outline approval 17/01359/MOUT at Land and Buildings at NGR 302469 114078, Higher Town, Sampford Peverell.

The Area Team Leader outlined the application by way of a presentation which highlighted the site location plan, aerial view, site layout, affordable housing layout, street scenes, housing types, green infrastructure, cross sections and photographs of the site.

The officer explained that the application before Members was Reserved Matters following outline approval 17/01359/MOUT granted by the Planning Inspectorate on 7^th April 2021.

The officer explained that a Design Review Panel had been involved at the pre application stage and had made a number of recommendations for changes to the final application which the developer had considered. This had included a change of position for the LEAP (Play Area) from the south west corner of the site.

He explained that the Highways Authority had no objections to the gradients of walkways and cycle ways proposed on the site. The surface of the cycle way had been conditioned at there had been no objections from the statutory consultee regarding water run off or proximity to the attenuation pond.

With regard to the LEAP (Play Area) the officer explained that, in consultation with the developer, Planning Officers had considered the current location to be the most suitable and that the area was in excess of the 90sqm required at 400sqm.

Consideration was given to:

·         An Open Space Specification Scheme had yet to be agreed but would include management plans of the LEAP (Play Area) equipment and the allotments

·         Concerns that as the estate roads would not be adopted by the Highways Authority that no Waste Management Plan had been submitted

·         Concerns that the access into the site appeared to cross private roads and that this needed to be identified clearly

·         Concerns that the access steps into the site would  ...  view the full minutes text for item 18.

List attached for consideration of major applications and potential site visits.

The Committee had before it, and NOTED, a *list of major applications with no decision.

The Committee agreed that:

22/00868/MFUL- Land at NGR 299621 112764 (Red Linhay) – Removal of condition 13 of planning permission 17/01142/FULL be brought to Committee if the officer recommendation was minded to approve – No site visit required

22/00969/MOUT – Land at NGR 295508 103228 (Silverdale) – Removal and/or variation of conditions 5,6,7,8,9 and 10 of planning permission 18/02019/MOUT be brought to Committee if the officer recommendation was minded to approve – No site visit required

Note: *list previous circulated and attached to the minutes

To receive for information a list of recent appeal decisions

The Committee had before it, and NOTED, a *list appeal decisions

Note: *list previously circulated and attached to the minutes