Skip to main content

Agenda and minutes

Venue: Phoenix Chamber, Phoenix House, Tiverton

Contact: Sally Gabriel  Member Services Manager

Link: audio recording

Items
No. Item

1.

ELECTION OF CHAIRMAN (Chairman of the Council in the Chair) (00-01-58)

To elect a Chairman for the municipal year 2018/19.

Minutes:

RESOLVED that Cllr Mrs F J Colthorpe be elected Chairman of the Committee for the municipal year 2018/19.

(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr R F Radford).

 

 

2.

ELECTION OF VICE CHAIRMAN (00-04-01)

To elect a Vice Chairman for the municipal year 2018/19

Minutes:

RESOLVED that Cllr P J Heal be elected Vice Chairman of the Committee for the municipal year 2018/19.

 

(Proposed by Cllr Mrs F J Colthorpe and seconded by Cllr F W Letch).

 

 

3.

APOLOGIES AND SUBSTITUTE MEMBERS

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

 

Minutes:

There were no apologies.

4.

PUBLIC QUESTION TIME (00-07-23)

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.

 

Minutes:

There were no questions from Members of the public in attendance.

5.

DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT

Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest at each item.

 

Minutes:

Members were reminded of the need to declare any interests when appropriate.

6.

MINUTES OF THE PREVIOUS MEETING (00-07-23) pdf icon PDF 139 KB

Members to consider whether to approve the minutes as a correct record of the meeting held on 18 April 2018.

Minutes:

The Minutes of the meeting held on 18 April 2018 were approved as a correct record and SIGNED by the Chairman.

 

7.

CHAIRMAN'S ANNOUNCEMENTS (00-08-30)

         To receive any announcements the Chairman may wish to make. 

 

Minutes:

The Chairman had the following announcements to make:

 

·         She welcomed Carol Oliphant (Member Services Officer) and Neil Weekes (Legal Advisor) to the meeting.

·         She welcomed Cllr D J Knowles back to the Planning Committee.

8.

ENFORCEMENT LIST (00-10-08) pdf icon PDF 39 KB

To consider the items contained in the Enforcement List.

 

Additional documents:

Minutes:

Consideration was given to the cases in the Enforcement List *.

 

Note: *List previously circulated; copy attached to signed Minutes.

 

Arising thereon:

 

a)            No. 1 in the Enforcement List (Enforcement Case ENF/17/00072/RURAL –   Unauthorised building operations concerning the construction of a mixed used building comprising a farm workshop, storage, smoker, cold store, food processing area, farm office, welfare facilities, kennels and stables – land at NGR 317450 1100777 (Tickle Penny) Clayhidon.).

 

The Area Team Leader outlined the contents of the report highlighting by way of presentation the breach of planning control.  A retrospective planning application had been submitted and refused; the enforcement action proposed would address the breach.  Members considered photographs from various aspects of the site which identified the access to the site, the unauthorised construction and various other buildings.

 

Consideration was given to the views of the landowner who outlined the history of the site and his plans for the land.

 

RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and action necessary to secure the demolition and removal of the unauthorised operational development and the cessation of the use of the land for the storage of materials associated with the construction work and for the siting of a shepherds hut, motorhome and associated paraphernalia, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.

 

(Proposed Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)

 

Note: Mr Hillier (Landowner) spoke.

 

9.

DEFERRALS FROM THE PLANS LIST (00-25-25)

To report any items appearing in the  Plans List which have been deferred.           

 

Minutes:

There were no deferrals from the Plans List.

10.

THE PLANS LIST (00-25-33) pdf icon PDF 302 KB

To consider the planning applications contained in the list.

 

Additional documents:

Minutes:

The Committee considered the applications in the plans list *. 

 

Note:   *List previously circulated; copy attached to the signed Minutes.

 

(a)          No 1 on the Plans List (18/00214/MFUL – Erection of 14 dwellings with associated roads, garages and parking – land at NGR 310280 114261 Hunters Hill, Culmstock).

The Planning Officer outlined the contents of the report by way of presentation highlighting the location of the site and the first phase of development which was nearing completion, the improvement to the footpath into the village and access details.  She explained the site layout and roof plan, the street elevations and the position of the bungalows, the drainage strategy, tree protection and boundary treatments and showed photographs from various aspects of the site.  She highlighted the concerns of the Parish Council with regard to the footpath and its impact on the village green stating that this was a legal matter which could be addressed through further discussion.

 

Consideration was given to:

 

·         Whether the drainage system was satisfactory

·         The maintenance of the attenuation ponds

·         The impact of the trees outside the site on the development

·         Whether the highway would be adopted

·         The concerns of the Parish Council with regard to whether the development was sustainable and whether there was a need and whether the school could continue to be expanded to accommodate additional children

·         The views of the Ward Member highlighting the concerns of local residents and the weight of objections

·         The tenure mix of the affordable dwellings

·         The provision of affordable housing on the site and whether rented accommodation or discounted open market dwellings were appropriate

·         The steepness of the footpath

·         The possible increase in traffic in the area

 

 

RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration and the signing of a S106 agreement in respect of:

 

1.    Provision of 4 affordable dwellings (2 x 2 bed and 2 x 3 bed).

2.    A financial contribution of £18,484 towards access to public open space at Colliers Meadow, Culmstock; and

3.    A financial contribution of £106,778 towards primary, secondary and early years education and school transport costs.

4.    The provision of footpath improvements between the site and the primary school.

 

 

 

(Proposed by Cllr P J Heal and seconded by Cllr   Mrs H Bainbridge)

 

Notes: 

 

i)          Cllr R L Stanley declared a personal interest as Cabinet Member for Housing;

 

ii)         Cllr Bass (Culmstock Parish Council) spoke;

 

iii)       Cllr F J Rosamond spoke as Ward Member;

 

iv)       Cllrs Mrs C A Collis, B A Moore, R F Radford and R L Stanley requested that their vote against the decision be recorded;

 

v)         The following late information was reported:

 

One additional letter of representation has been received raising the following points:

 

• Question 24 on the application form states the site cannot be seen from public land.

• The site is not highly visible at the moment as it is a green field, but if development takes place it will be clearly visible  ...  view the full minutes text for item 10.

11.

MAJOR APPLICATIONS WITH NO DECISION (1-47-50) pdf icon PDF 20 KB

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

 

Minutes:

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

 

It was AGREED that the following applications be determined by the Planning Committee and that a site visit take place:

 

17/02061/MFUL – Crediton Garden Centre, Barnstaple Cross, Crediton

18/00518/MFUL – Halberton Court Farm, Halberton

18/00414/MFUL – Yellow Hammer Brewery Newton St Cyres

 

Note: *List previously circulated; copy attached to the Minutes

 

12.

APPEAL DECISIONS (1-53-38) pdf icon PDF 49 KB

To receive for information a list of recent appeal decisions.

 

Minutes:

The Committee had before it and NOTED a list of appeal decisions * providing information on the outcome of recent planning appeals.

             

Note: *List previously circulated; copy attached to signed Minutes.

 

 

13.

APPLICATION 17/01411/FULL - RETENTION OF SLURRY LAGOON - LAND AT NGR 276429 99746 (ADJACENT TO MARDLES GATE) COLEBROOKE (1-54-00) pdf icon PDF 112 KB

To consider an implications report of the Head of Planning, Economy and Regeneration regarding the above application; Members at the meeting on 18 April 2018, were minded to refuse planning permission, but a final decision was deferred pending consideration of this implications report.

 

Additional documents:

Minutes:

The Committee had before it an *  implications report of the Head of Planning, Economy and Regeneration regarding the above application; Members at the meeting on 18 April 2018, were minded to refuse planning permission, but a final decision was deferred pending consideration of this implications report.

 

The Area Team Leader outlined the contents of the report stating that the only additional information to that discussed at the previous meeting was that the agent would be submitting an application for the  revised location of the slurry pit.  He informed the meeting  of the current application site, the relationship between the dairy and the location of the slurry pit, the plan which identified the pipe line, the access and photographs from various aspects of the site.  He explained that if Members were to refuse the application then enforcement action would be required and that this had been added to the recommendations before Members as requested.

 

Consideration was given to:

 

·         Possible enforcement action and the process that would have to take place

·         Possible noise issues from the proposed pumping of slurry via a pipeline

·         The continued impact of the slurry pit on the neighbouring properties

 

RESOLVED that the application be refused on the following grounds that:

 

The slurry lagoon and earth bank surrounding it, by reason of its size, scale and siting in close proximity to the neighbouring properties at Mardles Gate and Manor Croft, is considered to adversely affect the residential amenity and the living conditions of these neighbouring occupants. Furthermore, and given the close proximity to the aforementioned residential properties, the members of the Planning Committee remain unconvinced that the scope of the mitigation measures as proposed as part of the planning application proposal are sufficient to address the odour nuisance and air quality impact in a robust and satisfactory manner and would therefore continue to contribute to the scope of the un-neighbourly impacts that would arise from the scheme as it is proposed. On this the application scheme is considered to be contrary to Policies DM2, DM7 and DM22 of Mid Devon Local Plan Part 3 (Development Management Policies) and guidance in the National Planning Policy Framework.

 

And that:

 

Having regard to the provisions of the Mid Devon Development Plan and all other material planning considerations in accordance with Sections 172 and 183, Town and Country Planning Act 1990, (“the Act”) delegated authority be given to the Group Manager for Legal Services to take all such steps and action necessary to secure the restoration of the land to its former condition which would at the same time redress the unauthorised use of it to store slurry.  This may include the issue of an enforcement notice and prosecution and/or direct action in the event of non-compliance with the notice. The reason as recommended for serving the notice is set out above.

 

Delegated authority be given to the Group Manager for Legal Services, in consultation with the Group Manager for Development Management, to make a decision on whether a stop notice  ...  view the full minutes text for item 13.

Update Sheet pdf icon PDF 122 KB