Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Sally Gabriel Member Services Manager
Link: audio recording
APOLOGIES AND SUBSTITUTE MEMBERS
To receive any apologies for absence and notices of appointment of substitute.
There were no apologies.
PUBLIC QUESTION TIME
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.
Ann Vinton, speaking in relation to item 4 on the Plans List, Red Linhay, stated that when the AD (anaerobic digestion plant) was originally granted permission we were assured that local traffic would be reduced. A great emphasis was put on the fact that 2,929,430L of digestate would be pumped onto Hartnoll land thus resulting in no road transport being used. Now the applicant intends taking the digestate to the new plots necessitating 286 road trips. Can your officers please tell us how this does not represent an increase in traffic movements?
Tony White, also speaking in relation to Red Linhay stated that the applicant claims that more land is needed in order to follow ‘good practice’ i.e. crop rotation. However, in the original plans they assured us that they had enough land to supply a 500kw digester and to take the resultant digestate. Have officers asked the applicant to explain why, suddenly, that land is not sufficient for the running of a 500kw AD?
Condition 9 was put in place by the Committee to protect the community and local environment and ensure the applicant operated within the bounds of the permission granted. What has the applicant put forward to convince the planning officer that condition 9 is no longer necessary and the command of the Committee (by imposing condition 9) should be disregarded.
Martin Greig referring to item 2 on the Plans list – Sunnymead, Copplestone asked the following questions:
Is the Planning Officer aware that 9 out of the 10 residences in the proposed access close 87 -105 Sunnymead contain people who are elderly, sick, with mobility issues or children with special needs, and that there are 4 blue badge holders in the Close? What weight has been given to the detrimental effect on these vulnerable people as the development proceeds and then when it is in place, particularly given that the 6 bungalows are designated for elderly/disabled people?
Is the Planning Officer aware that no-one takes responsibility for the ditch behind the bungalows, and therefore it is silted up, contains rubbish, and is frequently unsuitable for the free-flow of water? How do you propose to deal with this if additional residences are built?
Why does the Planning Officer believe that building a car park area will mean that carers or family members, will in fact park there, when time constraints and human nature dictate that these people will continue to park outside the front doors of the homes they visit?
Has the Planning Officer made a site visit to inspect the gulley across the field and the ditch behind the bungalows, and spoken to residents who are affected by them?
Is the Planning Officer able to guarantee that water from the field and the proposed building site will not overflow into gardens and homes below?
Anne Greig referring to item 2 on the Plans list – Sunnymead, Copplestone asked the following questions:
Is the Planning Officer aware that cars parked in the designated turning ... view the full minutes text for item 60.
To receive the minutes of the previous meeting (attached).
The minutes of the meeting held on 6 September 2017 were approved as a correct record and signed by the Chairman.
To receive any announcements the Chairman may wish to make.
The Chairman welcomed Joanne Halton, the new part-time Principal Planning Officer in the west team to the meeting.
To consider the items contained in the Enforcement List.
Consideration was given to the cases in the Enforcement List *.
Note: *List previously circulated; copy attached to Minutes.
a) No. 1 in the Enforcement List (Enforcement Case ENF/16/00246/UDRU – Change of use of land from agriculture to mixed use agriculture and the siting of a caravan for human habitation – West Loosemoor Farm, Oakford).
The Area Team Leader outlined the contents of the report highlighting the breach of planning control which had occurred within the last 10 years. Photographs and a plan identified the position of the caravan.
RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and action necessary to secure the cessation of the unauthorised change of use and the removal of the caravan and associated domestic paraphernalia from the site, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed by the Chairman)
b) No. 2 in the Enforcement List (Enforcement Case ENF/16/00189/LIS and 16/00190/LIS – without listed building consent, the execution of works for the alteration of the listed building namely:
18 Exeter Road – the removal from the front façade of two timber framed sash windows and two timber framed casement windows and their replacement with uPVC windows
19 Exeter Road – the removal from the front façade of one timber framed sash window and stone cill and one timber framed casement window and stone cill and the replace with uPVC windows)
The Area Team Leader outlined the contents of the report highlighting the new PVC windows that had been fitted without consent. The issues with regard to the properties had been the subject of a previous report which had been specific about the steps required within the enforcement notice, it was now suggested that some flexibility be given to the steps required.
It was therefore:
RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and actions necessary to secure the removal and replacement of the unauthorised windows, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed by the Chairman)
c) No. 3 in the Enforcement List (Enforcement Case ENF/15/00171/UCU – untidy site causing an adverse effect on the visual amenity of the area arising from the unauthorised change of use of the land from agriculture to a mixed use of agriculture and the storage of business and domestic materials – land at NGR 310656 113326 (Hillmoor, Culmstock).
The Area Team Leader outlined the contents of the report stating that the case had been the subject of a previous report and that the committee had resolved to issue an enforcement notice for the unauthorised change of use for business and domestic storage. Following discussions with the Legal Services Manager it was now proposed to issue a Section 215 Notice .
RESOLVED that the Legal Services Manager be given delegated authority to take all such ... view the full minutes text for item 63.
DEFERRALS FROM THE PLANS LIST
To report any items appearing in the Plans List which have been deferred.
There were no deferrals from the Plans List.
To consider the planning applications contained in the list.
RESOLVED that the following applications be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 1 on the Plans List (17/00855/MFUL – Erection of extension to garden centre to form additional retail space, pallet store, covered entrance and covered outdoor areas and erection of a separate warehouse following removal of polytunnels – Bow Garden Centre, Bow) be approved subject to conditions and informative notes as recommended by the Head of Planning, Economy and Regeneration with an amendment to Condition 4 which states that: “No part of the development hereby permitted shall be occupied until the drainage scheme as set out in the Surface Water Drainage Strategy Report prepared by Aquatech (dated 30th August 2017) has been fully implemented and maintained as such thereafter as set in approved report”.
(Proposed by the Chairman)
(ii) No 5 on the Plans List (17/01197/CAT – Notification of intention to coppice 1 Sycamore tree (T2); coppice Hornbeam trees (G3) and Sycamore trees (G1) to form a hedge; crown raise Sycamore trees (G2) t 4m and raise crown of 1 Oak tree (T3) by 3m within the Conservation Area – Land at NGR 301044 112936, between 46-48 High Street, Halberton) thatno objection be raised to the proposed work as recommended by the Head of Planning, Economy and Regeneration
(Proposed by the Chairman)
Note: Cllr R F Radford declared a disclosable pecuniary interest in the matter as he was the applicant and left the meeting whilst the vote took place.
(iii) No 8 on the Plans List (17/01265/HOUSE – Retention of 1.8m high fence on block wall on west boundary and erection of 1.8m fence on existing block wall on north boundary – Hilary, Barnsfield, Crediton) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
(i) Cllr F W Letch declared a personal interest in the matter as the applicant was his daughter and chose to leave the meeting whilst the vote took place.
(ii) A further late representation was reported: Crediton Town Council had provided comments on 20 September 2017 stating that it had no objection to the application.
(iv) No 9 on the Plans List (17/01332/HOUSE – Erection of two storey extension following demolition of single storey extension and porch; internal and external repairs and alterations; alterations to northern boundary/access; erection of den and relocation of greenhouse and polytunnel – Shapcott Cottage, Whitnage) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
(v) No 10 on the Plans List (17/01333/LBC – Listed Building Consent for the erection of two ... view the full minutes text for item 65.
List attached for consideration of major applications and potential site visits.
The Committee and before it, and NOTED a list * of major applications with no decision.
It was AGREED that:
Application 17/01225/MFUL – Weavers Meadow, Langford remain delegated.
Application 17/01511/MOUT – Chapel Downs Farm, Barnstaple Cross be determined by the Planning Committee and that a site visit take place.
Application 17/01509/MFUL - rear of Town Hall Site, Tiverton be determined by the Planning Committee.
Application 17/01359/MOUT – Higher Town, Sampford Peverell be determined by the Planning Committee and that a site visit take place.
Application 17/01370/MARM – Harvesters, Uffculme - be determined by the Planning Committee.
Application 17/01323/MOUT – land east of Bolham Road, Tiverton - be determined by the Planning Committee and that a site visit take place.
To consider a report of the Head of Planning and Economic Regeneration regarding this application deferred from the previous meeting to enable a site visit by the Planning Working Group to take place.
The Committee had before it a * report of the Head of Planning Economy and Regeneration which had been deferred from the previous meeting so that a site visit could take place by the Planning Working Group.
The Area Team Leader outlined the contents of the report highlighting by way of presentation the site location plan, the proposed block plan, the existing structures on the site that had planning permission, the structures on the site which did not benefit from planning permission and the structures which were proposed as part of the application. Members viewed photographs from various aspects of the site and from the one of the footpaths at Killerton looking back across the valley to the site in question.
Consideration as given to:
· The concerns of the objector with regard to the siting of a traveller site outside the settlement limit
· What did and did not have the benefit of planning permission
· The personal circumstances of the family
· The details of the personal permission and the wording of any consent
· Whether there would be an increase of traffic on the private lane
· The provision of the bore hole and that it should be required within a specified time
· The landscaping of the site
· The definition of dependents
RESOLVED that planning permission be granted subject to:
a) conditions as recommended by the Head of Planning, Economy and Regeneration;
b) the rewording of Condition 3 to state that the site shall not be occupied by persons other than Miss Adele Perrot and her dependents, Mr Peter Perrot and Mrs Sue Perrot and Miss Nina Perrot and her dependents and Mr Nick Van der Kolt;
c) an additional condition (7) to state that “No composted matter from either of the two composting toilets on site shall be spread on any land within 50 metres of the bore hole. REASON: to protect the amenity of the health of the occupants of the site by preventing pollution of the
proposed water course in accordance with Policy DM2 and DM7 (LP3);
d) delegated authority be given to the officer to word additional conditions with regard to:
· To restrict any commercial use of the site other than for horticultural use.
· The requirement for the bore hole within a specified period of time.
· The retention of the green perimeter.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)
(i) Cllr Mrs F J Colthorpe declared a personal interest as the objector was known to her;
(ii) Mr Custance –Baker spoke in objection to the application;
(iii) Mr Ruston (Agent) spoke;
(iv) Cllr Mrs J Roach spoke as Ward Member;
(v) The following late information was reported:
Location of proposed borehole
The location of the proposed bore hole is shown on one of the plans that form part of the presentation. There is currently no bore hole on site. The applicants have received a quotation for the drilling of a borehole. The company that have provided the quotation have stated that the ... view the full minutes text for item 67.
To receive a report of the Head of Planning and Regeneration regarding this application deferred from a previous meeting.
The Committee had before it a * report of the Head of Planning Economy and Regeneration which had been deferred from the previous meeting to allow the Tree Officer to further inspect the tree with regard to its current status and that further photographs identifying the proximity of the tree to adjacent buildings be made available.
The Area Team Leader outlined the contents of the report stating that the Tree Officer had now revisited the site and provided a revised score for the tree, which was now below what was required for the tree to be worthy of a Tree Preservation Order. Photographs were also presented showing the position of the tree in close proximity to an adjacent building.
RESOLVED that the Tree Preservation Order not be confirmed.
(Proposed by Cllr F W Letch and seconded by Cllr P J Heal)
(i) The Chairman read a statement by one of the Ward Members;
(ii) *Report previously circulated, copy attached to minutes.
To consider a report of the Head of Planning, Economy and Regeneration providing the Committee with information on the performance of aspects of the planning function of the Council for quarter 1 for 2017/18.
The Committee had before it and NOTED a * report of the Head of Planning Economy and Regeneration providing information on the performance of aspects of the planning function of the Council for Quarter 1, 2017/18.
The Area Team Leader outlined the contents of the report highlighting the performance against target for Development Management which continued to meet or exceed targets. With regard to Building Control, it was early days for the partnership with North Devon, but it was hope that performance would improve. The planning enforcement team were now fully staffed and working well.
Note: *Report previously circulated, copy attached to minutes.