Venue: Virtual Meeting
Contact: Carole Oliphant Member Services Officer
APOLOGIES AND SUBSTITUTE MEMBERS (0.04.34)
To receive any apologies for absence and notices of appointment of substitute.
Cllr E J Berry gave apologies.
To note the protocol for virtual meetings.
The *Remote meeting protocol was NOTED.
Note: *Remote meeting protocol was previously circulated and attached to the minutes
PUBLIC QUESTION TIME (0.05.17)
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 questions from members of the public present.
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.
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 9 September 2020
The Minutes of the meeting held on 9th September 2020 were agreed as a true record subject to the following inclusion of an additional consideration to Minute No 60:
· An additional condition to prevent construction traffic from using Siskin Chase
CHAIRMAN'S ANNOUNCEMENTS (0.08.17)
To receive any announcements the Chairman may wish to make.
The Chairman reminded Members of the next Planning Committee meeting on 7th October 2020.
DEFERRALS FROM THE PLANS LIST (0.08.35)
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 signed minutes.
a) No 1 on the Plans List 19/01932/FULL - Retention of conversion and change of use of part of shop into 1 ground floor flat (Revised Scheme) at Preston House, Bow, Devon.
The Area Team Leader outlined the contents of the report by way of a presentation which detailed the site location, existing floor plans and elevations.
The Area Team Leader had informed the Committee that a completed Unilateral Undertaking had been received from the applicant providing a financial contribution towards Air Quality Management in Crediton.
He explained that this planning application followed the refusal of planning application 18/00571/FULL in 2018 which was for the conversion and change of use of shop into 2 ground floor flats where the application submitted included car parking at the rear with a new vehicular access. This application was refused on the grounds that the proposed car parking facilities and means of access were considered unacceptable and the applicant was advised that this still remained the case.
He explained that the point of access into the site and the car parking area was formed by the current owner without the benefit of any consent/permission as issued by either the local planning and/or Highway Authority.
He informed Members that the Highways Authority had raised no objections to the revised plans as the development was next to a bus stop and within walking distance to local amenities. In addition the Conservation Officer had no objections to the development and planning officers considered the accommodation met required room size requirements.
In response to a question asked about the development being contrary to Policy DM5, which stated that sufficient vehicle parking and bicycle storage must be provided, the Area Team Leader explained that in this instance the development was deemed at sustainable due to the proximity of the Bus stop and that local amenities were within walking distance and the Highways Authority considered there to be enough on street parking available. He explained that although the development did not comply with Policy DM5 planning officers felt that on balance the two additional flats would not cause harm to the environment.
Consideration was given to:
· The planning application being retrospective and the majority of the work had already been started
· The retention of the shop in the revised planning application
· The frequency of the bus service which the new occupants may use
· The lack of storage for bicycles in the current application
· The fire risks of the new units and what solutions would be available including fire escape windows and change of floor plans which would be a building control issue
· The views of the Parish Council who felt that the applicant had forged ahead with the alterations and had damaged neighbouring properties. The lack of amenity space. A request that the Planning Authority make as part of the planning conditions, a proviso that the applicant must put right damages ... view the full minutes text for item 72.
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.
To consider a report of the Head of Planning, Economy and Regeneration with regard to the application deferred from the previous meeting to allow for a site visit to take place.
At the Planning Committee meeting on 9th September 2020 Members agreed that the application be deferred to allow a full committee site visit to take place.
The Planning officer confirmed that site visits had taken place on 18th September and Members had viewed the proposed development and access arrangements.
The Planning officer outlined the contents of the *report by way of presentation highlighting the location of the site 25 metres south of the A361. He identified the access to the development site and provided an indicative layout plan of how the site might be developed (with all matters reserved – therefore it was just the principle of development that members were being requested to consider) with parking to the front of the new dwelling in line with numbers 11 and 12 Kabale Close. Members again viewed photographs from various aspects of the site which showed the space for development, the proposed access and the demolition of the garage.
He explained that at the site visit Members had concerns with the access to the site and that it was contrary to Policy DM5. He informed Members that the Highways Authority had conducted a site specific appraisal and had no objections to the site access.
Consideration was given to:
· The views of the objector who was content to be satisfied with the resolution of the Committee
· The views of the Ward Member who questioned the suitability of the access and the impact on neighbouring properties
· Members views that the access was cramped and the negative impact on the neighbouring property with vehicles having to pass too closely
· That there was general support for the house but concerns with the access to it
· That the application was contrary to Policy DM5
It was therefore:
Members were minded to refuse the application and therefore wished to defer the application for an implications report to consider the proposed reasons for refusal that of:
a) Use of access to the site; and
b) Impact on neighbouring properties
(Proposed by Cllr F W Letch and seconded by Cllr B G J Warren)
Reason for decision – as outlined above
i.) Mr Harman (Objector) provided a statement which was read out by Cllr R Dolley
ii.) Cllr R Dolley spoke as Ward Member
iii.) *report previously circulated and attached to the minutes
APPLICATION 17/00348/MOUT - RESIDENTIAL DEVELOPMENT OF UP TO 257 DWELLINGS AND UP TO 5 GYPSY AND TRAVELLER PITCHES: 8.6 HECTARES OF LAND MADE AVAILABLE TO FACILITATE THE RELOCATION OF CREDITON RUGBY CLUB; UP TO 1.1 HECTARES OF LAND SAFEGUARDED FOR THE DELIVERY OF A PRIMARY SCHOOL; ACCESS ARRANGEMENTS FROM B3072 (EXHIBITION WAY); PEDESTRIAN AND CYCLE ACCESS ON TO POUNDS HILL/STONEWALL CROSS JUNCTION, OLD TIVERTON ROAD AND PEDLERSPOOL LANE; LANDSCAPING AND AREA OF PUBLIC OPEN SPACE; AND OTHER ASSOCIATED INFRASTRUCTURE AND ENGINEERING OPERATIONS - LAND AT NGR 284185 101165 (CREEDY BRIDGE) CREDITON (1.35.16) PDF 205 KB
To consider a report of the Head of Planning Economy and Regeneration with regard to this application.
The Committee had before it a * report of the Head of Planning, Economy and Regeneration considering recent material considerations to the above planning application in order for Members to confirm whether the resolution made by Members of the Planning Committee on the 19th September 2018, which was for planning permission to be granted subject the prior signing of a S106 agreement, remained the same. In addition to this, to consider revisions to the wording of two of the Heads of Terms of the S106 agreement and the associated S106 implications from these proposed revisions.
The Area Team Leader provided an overview of the site by way of a presentation and explained the reasons for the report.
He explained that with the adoption of the Local Plan the site at Pedlerspool off Exhibition Road was now an allocated site under Policy CRE5 which added weight to the proposal and that the S106 contributions were subject to a viability appraisal.
He informed Members that they needed to consider an objection recently received from the Devon Gardens Trust on the 30th April 2020 noting that the Council did not consult the Devon Gardens Trust on the above application as is required for a statutory consultee given that the application affects the setting of Shobrooke Park and Creedy Park, both of which are historic designed landscapes of national importance.
In response to the objection received the officer explained that during the consultation process Members did consider the views of Sandford Parish Council, Upton Hellions Parish Meeting and Historic England. Consideration had been given to the heritage assets and Historic England had raised no objections to the proposals.
With regard to Heads of Terms 2 relating to the provision of 5 pitches for the Gypsy and Traveller community. The Area Team Leader explained that further to ongoing discussions with the applicant, the proposed change to the wording within the Heads of Terms was to finalise the trigger points for delivery and mechanisms to ensure delivery either provided by a registered provider or for the applicant to provide to the Council for a nominal fee of £1 to provide a site with fully laid out pitches for use by Gypsy and Traveller Community.
With regard to Heads of Terms 4 relating to the safeguarding of a site for Crediton Rugby Football Club, the officer explained that further to ongoing discussions with the applicant and the Rugby Club, in order to safeguard the site for the rugby club relocation, a timeframe of 10 years following the commencement of development on site had been agreed to. This was in order to allow for the rugby club to work on an application to obtain outline planning permission for residential development on their current site, which would allow for the finances to purchase the site at Pedlerspool for a fixed recreation land value and to submit an application for a new clubhouse and playing facilities. Therefore the revisions to the wording for this Head of Term, including correction ... view the full minutes text for item 75.