Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Sally Gabriel Member Services Manager
Link: audiorecording
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APOLOGIES AND SUBSTITUTE MEMBERS To receive any apologies for absence and notices of appointment of substitute.
Minutes: Apologies were received from Cllr Mrs F J Colthorpe, D J Knowles and Cllr R F Radford who was substituted by Cllr R B Evans. |
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VICE CHAIRMAN Minutes: In the absence of the Chairman the Vice Chairman took the Chair and requested that a Member of the Committee take the role of Vice Chairman for the meeting.
It was AGREED that Cllr B A Moore act as Vice Chairman for the meeting. |
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PUBLIC QUESTION TIME (00-04-32) 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: Mr Wood – referring to the Crediton Garden Centre proposal he asked please can the planning officer inform us why this application has not been treated as the very large retail development which it clearly is? Independent legal advice shows that this development is undisputedly A1 retail and councils must apply all relevant retail policies to determine the retail planning application for a garden centre. Due to limited time since the last meeting all of our independent reports have been submitted at the last minute, but we have previously submitted most of this information earlier in the summer and it was largely ignored by the planning officers and also by highways. We would also ask why this very clear legal advice has been ignored. Additionally could the planning officer please answer on landscape, why was it concluded that there will be no harm to the landscape and can he answer why a full landscape assessment was not conducted? The independent landscape report from Canbion Landscape Architects concludes that there would be significant harm from this proposal.
Kirsten Spronson – speaking with regard to the Lidl proposal asked, firstly are members aware that there is only one food discounter in Devon presently? The second being, are members aware that supporters of this proposal currently travel between 20 to 30 miles out of Tiverton to shop at a Lidl’s food store?
Cllr Judi Binks – referring to the falconry (Upton Hellions) proposal stated two members share my concerns that it is at the heart of a small but vibrant community of permanent resident’s not second homers. The site is a green field site of under 2 acres with no existing buildings. I have scoured all similar applications nationally and the minimum size for a small rural holding of similar building is between 7 and 22 acres, exceptionally 5 acres never 1.5 acres. Do members feel that the employment of 1 on-site worker justifies this encroachment to village life? Has the case for an essential permanent dwelling been made? Again my research into applications has shown that where permission is granted for an associated dwelling it is for the siting of a temporary mobile home for 5 years to allow for sufficient time for the business to become viable. Do you think that the presentation of the 3 year business accounts relating to a far more diverse enterprise in Powys, Wales provides sufficient like for like evidence of the viability of the proposed narrow focus of this application? Members would you if you are minded to approve this recommendation please recommend the siting of a temporary mobile home not a permanent residence.
Holly Adams – referring to the Crediton Garden Centre proposal she asked if it was reasonable in planning terms to restrict the sale of traditional garden centre merchandise from the site for instance Christmas trees and tropical fish? Modern garden centres have evolved in the same way as any other successful business model due to customer requirements. The phrase ‘evolve or ... view the full minutes text for item 83. |
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DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (00-39-24) 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.
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MINUTES OF THE PREVIOUS MEETING (00-39-35) PDF 121 KB Members to consider whether to approve the minutes as a correct record of the meeting held on 31 October 2018. Minutes: The minutes of the meeting held on 31 October 2018 were approved as a correct record and signed by the Chairman.
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CHAIRMAN'S ANNOUNCEMENTS (00-40-29) To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had no announcements to make. |
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DEFERRALS FROM THE PLANS LIST (00-40-37) To report any items appearing in the Plans List which have been deferred.
Minutes: There were no deferrals from the Plans List. |
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THE PLANS LIST (00-40-52) PDF 767 KB To consider the planning applications contained in the list.
Minutes: RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 5 on the Plans List (18/00284/ADVERT – Advertisement consent to display 8 non-illuminated heritage trail information panels – St Boniface Church, East Street Junction with Charlotte Street, Crediton Parish Church Car Park (The Old Organs House), Newcombes Meadow Park, Crediton Methodist Church, Town Square, Crediton Congregational Church and St Lawrence Green, Crediton) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration. (Proposed by the Chairman)
(b) No 2 on the Plans List (18/00915/MFUL –Erection of Lidl food store (Class A1) and non-food unit (Class A1) with associated parking, landscaping and access arrangements following demolition of existing buildings – Foundry Estate, Blundells Road, Tiverton). The Principal Planning officer outlined the contents of the report acknowledging the support for the application during public question time and highlighting the additional information within the update sheet: the latest representation from the Environment Agency; a further letter from the planning consultant acting on behalf of the objector; a letter of response received from the landlord; a response from the Local Highway Authority with regard to the submitted HGV plan; a further letter of support and amendments to condition 5 and 14.
The officer then outlined by way of presentation the site location plan, the existing site plan where the original buildings would be demolished, the proposed site layout with buildings, service yard and car park, work to the northern boundary to improve flood risk mitigation, floor plans for the food and non-food buildings, the elevations of the food and non-food store, proposed boundary treatment plans, the HGV tracking plan and how deliveries would be made to the service yard, the tree protection plan, detailed landscape proposals and photographs from various aspects of the site. He reported that the Local Highway Authority and the Environment Agency were happy with the proposals. He continued outlining the delivery yard, the lighting scheme, the ecology issues which had been addressed, the view of the Conservation officer and the details of the S106 agreement.
Consideration was given to:
· Safety issues with regard to the movement of heavy lorries · Whether the proposal would increase traffic in the area · The opening hours and delivery times · The views of the objector with regard to the impact of the development on MST and the legal issues surrounding this, the area being used currently for storage and the implications for the business whilst the development was taking place · The views of the applicant with regard to the application being policy compliant, the improvements to flood risk mitigation, the S106 contribution, the provision of new jobs, the ... view the full minutes text for item 88. |
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MAJOR APPLICATIONS WITH NO DECISION (4-27-42) PDF 26 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:
Application 8/01800/MFUL –East of Lords Meadow Industrial Estate, Crediton be brought before the committee for determination and that a site visit take place.
18/01711/MFUL – Gibbet Moor Farm, Rackenford – if minded to approve, be brought before the committee for determination and that a site visit take place.
Note: *List previously circulated; copy attached to the Minutes.
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APPEAL DECISIONS (4-30-07) PDF 10 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.
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To consider a report of the Head of Planning, Economy and Regeneration regarding this Tree Preservation Order Minutes: The Committee had before it * report of the Head of Planning, Economy and Regeneration regarding the above application. The Area Team Leader outlined the contents of the report highlighting the location of the tree and that it had no owner. She showed those present photographs from various locations from where the tree could be seen. Discussion took place regarding: · The views of the objector in that the tree was overbearing and there was risk to property and lives should it fall. The tree had to be maintained at the cost to local residents. There were overshadowing issues and the tree was in the wrong place and whether the local authority had a duty of care. · How the Tree Preservation Order was served. · Some of the residents were in support of the Tree Preservation Order.
RESOLVED that the Tree Preservation Order be confirmed. (Proposed by Cllr R L Stanley and seconded by Cllr F W Letch) Notes i) Cllrs Mrs H Bainbridge, P J Heal, F W Letch, B A Moore and R L Stanley made declarations in accordance with the Protocol of Good Practice for Councillors dealing win Planning Matters as they had all received correspondence regarding this application; ii) Mr Smith (objector) spoke; iii) The Chairman highlighted a statement by a supporter on the update sheet. iv) The following late information was reported: Representation in support of the Tree Preservation Order Mrs Rachel Glover, resident in favour of the TPO.
Good afternoon
Firstly, my apologies for being unable to make today’s meeting in person. In my absence, I’ve asked if it is possible for my representation to be read out on my behalf in support of this Tree Preservation Order. Thank you for this opportunity.
I firmly believe that the mature old Oak tree in question is worth preserving for now and for future generations, not only for its beauty but the invaluable contribution it makes to the local landscape.
In addition to providing very necessary screening in the housing development, I would argue that this tree is integral to the character of the area. When I decided to buy my house here, it was important that the surrounding area had greenery and trees nearby – this Oak tree was a key deciding factor.
Without this tree, it will make the area much less attractive by exposing rows of brick houses and increasing noise nuisance. The tree in question is a haven for wildlife in the locality, including bats and many species of birds. It provides the surrounding houses with the wonderful amenity of garden birds and wildlife visiting gardens.
This tree is publically visible in the Padbrook area of Cullompton and its removal would leave a large adverse hole in the landscape.
I accept that the few residents who object to the Tree Preservation Order may find that the tree drops leaves and will block out some light, and that it may need occasional pruning. However, it is a fact that the tree was boldly standing there ... view the full minutes text for item 91. |
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To consider a report of the Head of Planning, Economy and Regeneration regarding this Tree Preservation Order. Minutes: This item had been withdrawn from the agenda.
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