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Agenda and minutes

Venue: Phoenix Chamber, Phoenix House, Tiverton

Contact: Sally Gabriel  Member Services Manager

Link: audiorecording

Items
No. Item

64.

APOLOGIES AND SUBSTITUTE MEMBERS

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

 

Minutes:

Apologies were received from Cllr Mrs C P Daw who was substituted by Cllr B A Moore.

65.

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.

 

Minutes:

Samantha Baker referring to item 1 on the plans list stated:  what I would like to ask is the committee aware just how precious this field has been over decades as a social meeting place for generations in this village. This is where people come to walk their dogs, there is nowhere else in the village for us to do that, we have a children’s park where no dogs are allowed. This brings old and younger generations together and I am in this field on a daily basis and I have spoken to old people that come and say they feel safe in this field to walk their dog and let it off because they know they are seen by the houses at the lower end of Silverdale. It mixes the generations together in a way that Silverton doesn’t offer in any other way. I think it’s really important at this time that we continue to bring generations together in a positive social way.

 

Mr Campbell speaking with regard item 1 on the plans list stated: I am a resident of Silverdale the question I am asking is why during the preparation of the Neighbourhood Plan there is consultation with the public, it was strongly felt that only small developments would be acceptable. This proposal goes against everything the local people who took part requested. If this is granted it makes a mockery of all the hard work that has been done by the Neighbourhood Plan Committee.

 

Mr Byrom referring to items 10 and 11 on the agenda stated that residents of Sampford Peverell are deeply concerned and confused by Items 10 and 11 on your agenda (concerning your very proper refusal of permission for 60 houses at Higher Town).

 

Councillors, we fear that officers may be trying to persuade you to soften some aspects of your ‘Reasons for Refusal’.  Undertaking this in a ‘private’ session would allow officers to hide embarrassing errors made in processing the application. Objectors have pointed out such errors at intervals but have had no response.  Maybe expensive legal advice has finally brought this home.  Or maybe officers will continue to use error-strewn arguments and careless mis-reading of drawings and reports as they attempt to weaken your resolve. How can we ever know?

 

So, my questions to officers are -

 

1.    As ‘statutory parties’ to an appeal, objectors should have been informed of its ‘Start Date’. That has not happened. The PINS website shows no appeal relating to this application.  There is therefore currently no appeal.  In these circumstances, please will you withdraw items 10 and 11 from today’s agenda.  It is wrong to discuss an appeal that does not exist.

 

2.    Please will you confirm that all additional costs incurred by this Council in processing this application have been and will be clearly identifiable (as soon as they are known) within the payment statements published by Mid Devon?  If there are other costs or gains that have not been published, please publish them straight  ...  view the full minutes text for item 65.

66.

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:

Cllr C J Eginton made a declaration in accordance with the Protocol of Good Practice for Councillors dealing in Planning Matters as he had been in discussions with the Chawleigh Parish Council and some of the objectors with regard to item 2 on the plans list – Belle Vue, Chawleigh.

 

67.

MINUTES OF THE PREVIOUS MEETING (00-22-56) pdf icon PDF 93 KB

Members to consider whether to approve the minutes as a correct record of the meeting held on 25 September 2019.

Minutes:

The minutes of the meeting held on 25 September 2019 were approved as a correct record and signed by the Chairman.

68.

CHAIRMAN'S ANNOUNCEMENTS (00-23-14)

         To receive any announcements the Chairman may wish to make. 

 

Minutes:

The Chairman informed the meeting that a temporary Group Manager for Development (Maria Bailey) would be starting shortly.

69.

DEFERRALS FROM THE PLANS LIST (00-24-16)

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

 

Minutes:

The Chairman informed the meeting that Item 3 on the Plans List (Gibbet Moor) had been deferred to allow for further work on the application to take place.

70.

THE PLANS LIST pdf icon PDF 576 KB

To consider the planning applications contained in the list.

 

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 (18/02019/MOUT – outline for the erection of up to 20 dwellings and associated access – land at NGR 295508 1063228 (Silverdale), Silverton).

The Area Team Leader outlined the contents of the report by way of presentation highlighting the site location plan and the details of the access, all other matters would be reserved for future consideration.  She provided an indicative layout of the site, the potential location of the hedgebank, potential drainage strategy solutions, a plan of the proposed access and photographs from various aspects of the site.  She informed those present of the additional information available in the update sheet and confirmed that the land in question was agricultural land but that this did not change the recommendation.

 

Responding to questions posed in public question time, she provided the following answers:

 

·         With regard to the field in question and that it was a social meeting place, it was her understanding that no public access to the land had been agreed.

·         With regard to the Neighbourhood Plan and whether the proposal was in accordance with this document, she stated that the Neighbourhood Plan was still in draft and therefore had no weight in decision-making at the present time.

·         With regard to the flow of traffic through the village, the Transport Statement was clear and the Highway Authority had found it to be acceptable and that it did not demonstrate an unsatisfactory impact on the highway network.

·         With regard to the motivation for development and whether there was a need, she stated that she could not comment on the motivation for the application but that there was a need for housing nationally.

·         With regard to the number of movements outlined in the Transport Strategy, the visitors parking spaces in Exe View and the green area where children played, this was already mentioned within the Transport Strategy, the 2 visitors would be replaced within the development, there was no formal green space in Exe View and the children had been playing on a shared area.

·         With regard to the number of school places, the calculation was based on Devon County Council advice, these calculations had been tried and tested.

·         With regard to the site being on a hill and that this could be classed as ribbon development, the application was on rising land on a hill but it was not considered to have a significant adverse impact on the surrounding area.

 

Consideration was given to:

 

·         The proposed 35% affordable housing within the scheme

·         The width of the road network in the area surrounding the proposed development

·         The fact that the site was not allocated within the adopted Local Plan or the emerging Local Plan Review and the use of the tilted balance within the NPPF

·         The details and reasons for conditions 8 and 9

·         The views of the objector with regard to: the number  ...  view the full minutes text for item 70.

71.

MAJOR APPLICATIONS WITH NO DECISION (2-12-55) pdf icon PDF 267 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 19/01679/MFUL (Ground Mounted Solar PV Array, Langford) be brought before committee for determination and that a site visit take place.

 

Application 19/01592/MOUT (Phase 2 of the north west Cullompton Urban Extension) be brought before committee for determination and that a site visit take place.

 

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

 

 

72.

APPEAL DECISIONS (2-15-32) pdf icon PDF 304 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 Minutes.

 

 

 

73.

ACCESS TO INFORMATION - EXCLUSION OF THE PRESS AND PUBLIC (2-17-00)

During discussion of the following item(s) it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Cabinet will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information. 

 

To consider passing the following resolution so that financial information may be discussed.

 

Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information) and paragraph 5, information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

 

Minutes:

Prior to considering the following item on the agenda, discussion took place as to whether it was necessary to pass the following resolution to exclude the press and public having reflected on Article 15 15.02(d) (a presumption in favour of openness) of the Constitution.

It was therefore:

RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 and 5 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information)  and paragraph 5, information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.

(Proposed by the Chairman)

 

 

74.

APPEAL - APPLICATION 17/01359/MOUT - OUTLINE FOR THE ERECTION OF 60 DWELLINGS AND CONSTRUCTION OF NEW VEHICULAR ACCESS ONTO HIGHWAY TO THE WEST OF THE SITE - LAND AND BUILDINGS AT NGR 302469 114078, HIGHER TOWN, SAMPFORD PEVERELL

To consider a report of the Group Manager for Legal Services and Monitoring Officer.

Minutes:

The Committee had before it a *report of the Group Manager for Legal Services and Monitoring Officer.

 

Members considered the report before them and discussed the way forward with regard to the forthcoming appeal.

 

Note: *Report previously circulated.

Update Sheet pdf icon PDF 72 KB