Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Carole Oliphant Member Services Officer
Link: audiorecording
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APOLOGIES AND SUBSTITUTE MEMBERS (0.03.09) To receive any apologies for absence and notices of appointment of substitute.
Minutes: Apologies were received from Cllr E J Berry. |
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ELECTION OF VICE CHAIRMAN (0.03.23) To elect a Vice Chairman for the remainder of the municipal year. Minutes: Cllr L J Cruwys was duly elected Vice Chairman of the Planning Committee for the remainder of the municipal year.
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HYBRID MEETINGS PROTOCOL (0.04.56) PDF 335 KB Members to note the Hybrid Meetings Protocol Minutes: The Committee had before it, and NOTED, the *Hybrid Meetings Protocol.
Note: *Protocol previously circulated and attached to the minutes. |
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PUBLIC QUESTION TIME (0.05.23) 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: 1. Neil Davis, referring to no 3 on the Plans List, provided a statement which was read out by the Chairman which stated:
In relation to the application 21/00617/FULL. Creedy Park is designated as being on the 'Local Register of Historic Parks and Gardens'. Please could someone from the committee explain what kind of protection, process or consideration is given to this designation when evaluating planning applications within the parkland boundary?
2. Alan Murray, again referring to no 3 on the Plans List, stated:
1 The site plan as included in the Committee Report only shows a small indicative rectangle with hatching to indicate the site and not as shown on the Site Location Plan - Revised dated 30/06/21 as submitted by the applicant and posted on to the Public Access list of documents on 15/09/21. As this plan is extremely misleading can you please ensure that all members receive a copy of this latest correct plan clearly showing the buildings, site area and access track in advance of the meeting?
2 The proposed development is “for an agricultural building relating to the renewable heat installation business section of the applicant’s business.” We understand the applicant’s main business is making cider. Can you please clarify where the crossing point is between agricultural use and business use and how it affects planning law?
3 Can you please explain why when the ‘Constraint’ of Historic Designed Park or Garden was acknowledged on both the Permitted Development and Full planning applications that Devon Gardens Trust were not consulted on either application?
4 In Section 3 Ecology it is stated that the proposed site area is ‘likely’ less than 0.1 hectare and therefore does not meet the Wildlife Trigger point. When measured off the applicant’s latest site plan the site area, excluding the access track, measures at 0.2 hectares. Why was this missed?
5 In Sandford Parish Council’s submission it reflected “Concerns from residents at Creedy Park on the creation of heavy agricultural traffic on to the busy Crediton to Sandford main road.”
Although the Highways Authority had no comments to make in this matter. In the applicant’s agent’s email dated 30 July the applicant has listed the machinery intended to be stored on the site, in addition to the storage of biomass etc. This list appears to show about 9 large self powered tractors and mules to be stored inside plus numerous trailers and toppers to be stored outside.
The use of this equipment may be seasonal but must surely have an impact getting onto and off the main road? |
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DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (0.09.46) 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 make declarations where appropriate |
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MINUTES OF THE PREVIOUS MEETING (0.09.58) PDF 478 KB Members to consider whether to approve the minutes as a correct record of the meeting held on 22nd September 2021. Minutes: The minutes of the meeting held on 22nd September were agreed as a true record and duly SIGNED by the Chairman |
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CHAIRMAN'S ANNOUNCEMENTS (0.10.40) 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 (0.10.59) 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 (0.11.03) PDF 2 MB To consider the planning applications contained in the list.
Minutes: The Committee considered the applications on the *Plans List
Note: *List previously circulated and attached to the minutes
Applications dealt with without debate.
In accordance with its agreed procedure the Committee identified those applications contained in the Plans List which could be dealt with without debate.
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
a) Application 20/01588/MFUL - Erection of storage building with first floor office (512sqm) following demolition of barn and erection of grain store (498sqm) and change of use of land to car and lorry park at Crediton Milling Co Ltd, Fordton Mill, Crediton be approved subject to the conditions as set out in the report
(Proposed by the Chairman)
Reason for the decision: As set out in the report and confirmation that the amended condition detailed in the update sheet was not now required due to a further response from the applicant’s agent to confirm no change to car park levels and as such meeting the requirements set by the Environment Agency to prevent flood risk.
Notes:
i. Cllr S J Clist declared a personal interest as he had conducted business with the applicant in the past ii. Cllr G Barnell declared a personal interest as he had visited the site after a fire iii. The following late information was provided:
5//10/21 The following response has been received from the Environment Agency – 5th October 2021:
Environment Agency position Following our previous response (ref. DC/2020/121794/03-L01, dated 13 September 2021), we confirm that we remove our previous objection subject to inclusion of a condition.
Reason We acknowledge receipt of drawing CMC-001-211 PO1 ‘PROPOSED NEW BUIDLINGS FINISHED FLOOR LEVELS’ (dated September 2021) by Kewillijoe Structural Designers which show proposed finished floor levels (FFLs) of the proposed buildings, namely 40.6mAOD (metres above Ordnance Datum) for the proposed ‘BARN/OFFICE’ and 40.1mAOD for the proposed ‘GRAIN STORE’ and thus a comital to provide floor levels above existing ground levels. If in the event the above FFL’s cannot be achieved then a limited reduction of 300mm below the above would still ensure that in overall terms the requirements of the National Planning Policy Framework (NPPF) would be met.
Condition requirement and reasoning We use this opportunity to inform all relevant parties that the area of the proposed car/lorry parking as shown on drawing CMC-001-212 PO1 ‘PROPOSED NEW PARKING LAYOUT CARS AND LORRIES’ (dated September 2020) by Kewillijoe Structural Designers would be on an area of functional floodplain, this area being on the cusp of flooding in the relatively minor flood of November 2012. Therefore, it is vitally important that the functionality of this area is not compromised by the development for which permission is sought. Any raising of ground levels in the proposed car park area, and/or associated landscaping, would increase flood risk locally, including the Mill complex and such is contrary to policy within the NPPF and would be unacceptable.
The suggested wording for our recommended condition is ... view the full minutes text for item 108. |
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MAJOR APPLICATIONS WITH NO DECISION (02.21.26) PDF 194 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 21/01754/MARM Reserved matters for residential development of 125 dwellings (including 35% affordable housing), with public open space, landscaping and associated infrastructure following outline approval 18/00175/MOUT - Land at NGR 303288 110467 Adj Meadow Park Silver Street Willand Devon be brought to Committee for determination and no site visit was required
Note: *list previously circulated and attached to the minutes
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APPEAL DECISIONS (02.24.00) PDF 235 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.
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