Venue: Virtual Meeting
Contact: Carole Oliphant Member Services Officer
APOLOGIES AND SUBSTITUTE MEMBERS (0.03.46)
To receive any apologies for absence and notices of appointment of substitute.
Apologies were received from Cllr S J Penny
Members to note the remote meetings protocol
The Committee had before it, and NOTED, the *Remoted Meetings Protocol.
Note: *Remote Meetings Protocol previously circulated and attached to the minutes
PUBLIC QUESTION TIME (0.04.34)
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.
There were no members of the public present.
DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (0.05.19)
Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest at each item.
Members were reminded of the need to declare any interests when appropriate.
Members to consider whether to approve the minutes as a correct record of the meeting held on 7th October 2020.
The Minutes of the meeting held on 7th October 2020 were agreed as a true record.
CHAIRMAN'S ANNOUNCEMENTS (0.06.32)
To receive any announcements the Chairman may wish to make.
The Chairman had no announcements to make.
DEFERRALS FROM THE PLANS LIST (0.06.59)
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.
The Committee considered the applications in the *Plans List.
Note: *List previously circulated and attached to the minutes.
a) 20/00858/FULL - Erection of 9 dwellings with associated car parking and access at Mid Devon District Council, Park Road Nursery, Park Road.
The Principal Planning Officer outlined the contents of the report by way of a presentation which detailed the site location plan, proposed block plan, bin/bike store, proposed site elevations, unit elevations, floor plans and photographs of the site and existing access.
He explained that the site was the former park nursery site which was now redundant with various out buildings and was sited within the conservation area.
He explained that local residents had expressed concerns with regard to highways safety and parking but the proposals included the required amount of parking and the Highways Authority had raised no objections. He detailed the tree protection measures in the application and confirmed that Tiverton Town Council had raised an objection due to over development of the site.
Consideration was given to:
· The importance of Condition 6 regarding foul and surface water drainage
· That each property had been provided with 2 parking spaces under the proposals
· That it was a previous Cabinet decision to dispose of the site with planning permission
· The tree plan included the periphery of the site
· Any speed restrictions on Park Road were the responsibility of the Highways Authority and could not be imposed by the Planning Authority
· Potential contamination on the site
· The site fell below the unit threshold for developer contributions towards open spaces and affordable housing
· The site was not in an Air Quality Management area
· That any planning permission awarded would remain with the land and was not personal to the applicant
It was therefore RESOLVED that: planning permission be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
Reason for the Decision – as set out in the report
Note: Cllrs G Barnell, S J Clist and D J Knowles declared personal interests as they had been on the previous Cabinet which had made the decision to dispose of the site with planning permission
b) 20/00964/FULL - Conversion of existing common room and communal areas to flat with garden and parking and construction of new vehicular access at Common Room, Brewin Road, Tiverton.
The Principal Planning Officer outlined the contents of the report by way of a presentation which detailed the site location plan, existing plan, existing garden area, proposed floor plan and photographs of the existing layout and current parking arrangements on Brewin Road.
He explained that the property was a redundant common room area and that whilst the proposed new flat was small it did comply with the minimum size standards for a 1 bedroomed property. He explained a concern had been raised by a local resident with regard to the proximity of the proposed turning area to their flat and explained to Members that there was a degree of separation ... view the full minutes text for item 92.
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 Group Manager for Development stated that application 20/01452/MOUT –cricket facility at Horn Road, Kentisbeare would be brought before the committee for determination alongside the application for the relief road in Cullompton.
Note: *List previously circulated; copy attached to the minutes
To receive for information a list of recent appeal decisions.
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.
At the Planning Committee meeting on 23rd September 2020, Members advised that they were minded to refuse the above application and invited an implications report for further consideration.
At the Planning Committee on 9th September 2020, members deferred consideration of the application in order that a site visit could be conducted. The site visit took place on 18th September 2020.
At the Planning Committee on 23rd September members resolved that they were minded to refuse the application and requested an implications report setting out suggested reasons for refusal and associated implications. The Committee therefore had before it an *implications report of the Head of Planning, Economy and Regeneration setting out the implications of refusal.
The Planning Officer reminded members of the application by way of a presentation which detailed the site location, indicative layout plan and photographs showing the existing garages.
The officer confirmed that the Highways Authority had visited the site and had raised no objections and were unlikely to support refusal on highways grounds.
Further consideration was given to:
· The wording of reason for refusal (a) did not need to include reference to an increase in traffic
· That the access was not of adequate width for the development
· The implications of the construction development which would result in unacceptable levels of disturbance to neighbouring properties
It was therefore RESOLVED that: the application be refused on the following grounds:
A) The use of the access driveway to serve the proposed dwelling would, by reason of its inadequate width and awkward alignment with the public highway, be unsuitable for the proposed use, contrary to policies DM1 of the Mid Devon District Council Local Plan 2013-2033 and advice contained in the National Planning Policy Framework, in particular paragraphs 108(b) and 127(f).
B) The proposed access to the site would result in an unacceptable level of disturbance for the occupiers of the nearby residential properties, contrary to Policy DM1of the Mid Devon District Council Local Plan 2013-2033 and advice contained in the National Planning Policy Framework, in particular paragraph 127(f).
(Proposed by Cllr B G J Warren and seconded by Cllr F W Letch)
Reason for the Decision – as detailed above
i.) Cllrs E J Berry, Mrs F J Colthorpe, G Barnell, Mrs C P Daw, S J Clist, F W Letch, D J Knowles and R F Radford made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had received letters from local residents
ii.) Following the meeting the proposer and seconder confirmed that they would defend the decision at appeal if necessary
iii.) *implications report previously circulated and attached to the minutes