Venue: Phoenix Chamber, Phoenix House, Tiverton
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 C J Eginton who was subsituted by Cllr B A Moore.
PUBLIC QUESTION TIME (0.04.09)
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.
Mr Elstone referring to No 2 on the Plans list asked:
Why are the Applicant i.e., Zed Pods being permitted to very seriously violate the privacy of existing residents?
Why are Zed Pods stating that a building just 14 metres from the Zed Pods structure is an office building when in fact it is a residential building?
Why are there are only 7 parking spaces provided when MDDC policy requires 10?
Are Members aware that MDDC’s own contracted Tree Officer first used the word “significant” when determining the amenity value of the Sycamore Tree?
Mr Hughes referring to No 1 on the Plans list asked:
The line block plan currently on the table still shows 3 shower/WC blocks and could, therefore, still lead to a misunderstanding in the future.
In order to avoid any confusion in the future could the agent be asked to submit a line block plan showing just the 2 WC and 1 boiler blocks accurately reflecting the elevations, floor plans and the statement, showing foul water drainage to just the two WC blocks?
That leaves just a couple of questions:
For the record are plumbed in structures, with electricity, classified as permanent or temporary buildings?
Where does the dividing line lie between these two classifications?
Would the boiler block require planning approval for ‘change of use’ should the applicants wish to convert it to a shower/WC block in the future?
The Chairman indicated that answers to questions would be provided when the application was considered.
DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT
To record any interests on agenda matters.
The following declarations were declared:
Cllrs G Barnell, S J Clist, L J Cruwys, P J Heal, F W Letch, B G J Warren made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had received emails from objectors and applicants with regard to applications 21/02158/FULL and 21/01956/FULL
Cllr R J Dolley declared a personal interest for application 21/01956/FULL as he was the Chairman of Homes PDG
Cllr R J Dolley declared a personal interest for application 16/01707/MOUT as he was a personal friend of the applicant
Cllr S J Clist declared a disclosable pecuniary interest for application 16/01707/MOUT as he was related to the applicant and left the meeting during the discussion and vote on this item.
To consider whether to approve the minutes as a correct record of the meeting held on 19th January 2022.
The minutes of the meeting held on 19 February 2022 were agreed as a true record and duly signed.
CHAIRMAN'S ANNOUNCEMENTS (0.13.39)
To receive any announcements the Chairman may wish to make.
The Chairman informed the Committee that there may be a need for an additional meeting in March.
DEFERRALS FROM THE PLANS LIST (0.14.11)
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 on the *Plans List
Note: *List previously circulated and attached to the minutes
a) Application 21/02158/FULL - Variation of condition 2 of planning permission 21/00443/FULL to allow substitute plans - Change of use of land for the siting of 2 glamping tents and associated facilities at Deer Park Camping, Hockworthy, Wellington.
The Interim Development Management Manager outlined the application by way of a presentation which highlighted the site location, the approved block plan and elevations, the proposed block plan and photographs of site in summer and winter. She explained that the new plans had introduced low level lighting but this was not considered harmful to bats by the applicants ecologist.
In response to public questions she stated:
· The application included two shower/WC blocks and a store to hold a fire extinguisher
· The site as a whole includes two units of holiday accommodation, three facilities blocks and car parking with lighting
· Floor plans for the ancillary blocks had been provided and included within the presentation
· The proposed plans were deemed to be sufficiently detailed
· No conditions had been imposed to remove the ancillary buildings whilst they remained in use and they were referred to semi-permanent as they were relatively easy to dismantle and remove
· The third ancillary building would not require change of use permission if it was turned into a shower/WC block
· Two shower blocks were not considered too onerous for the site
· Planning officers had looked into the ecological advice from the ecological advisor which stated that the low level lighting would cause no harm to wildlife
The officer explained that as the Committee had approved the original application it now came before them to determine the amended plans.
Consideration was given to:
· Members views that the amended plans would not cause any additional harm
· That the ancillary buildings should be accessible by disabled users
It was therefore:
RESOLVED that planning permission be granted with delegated authority given to the Interim Development Management Manager to amend conditions 3, 4 & 9 and to introduce a condition to ensure the ancillary buildings were accessible for disabled users
(Proposed by R J Dolley and seconded by Cllr E J Berry)
i) The Chairman read a statement by the applicants agent
ii) The following late information was received:
21/02158/FULL - Variation of condition 2 of planning permission 21/00443/FULL to allow substitute plans - Change of use of land for the siting of 2 glamping tents and associated facilities - Deer Park Camping Hockworthy Wellington.
1. A revised version of plan reference P/SS/01, now Rev 3. This shows an additional floor plan for the facilities building noting the layout to include storage of an emergency telephone, honesty box for store, emergency contact details, fire extinguisher and first aid kit.
2. Rope light specification, showing a typical detail for such lighting, this was alongside an email which confirmed that this rope light is proposed or another of the same specification.
3. A specification for the outdoor wall light ... view the full minutes text for item 153.
To consider a report of the Interim Development Management Manager.
The Committee had before it a *report of the Interim Development Management Manager which confirmed the Committees resolution on 1st December 2021 to accept changes to the S106 agreement relating to outline planning permission 16/01707/MOUT. The Committee were asked for clarification as to how members wished for the revised S106 agreements to be allocated.
The Area Team Leader reminded members of the application by way of a presentation which highlighted an illustrative layout, photographs of the site and the background of the S106 agreement.
Consideration was given to:
· Members views that the relatively small amount of money requested for education from Devon County Council would not have much impact
· There was a mechanism for review of the contribution should the viability assessment change
It was therefore:
RESOLVED that the Council allocate the £23,000 to off-site housing provision for affordable housing.
(Proposed by Cllr B G J Warren and seconded by Cllr E J Berry)
i) Cllr S J Clist had declared a Disclosable Pecuniary Interest as he was related to the applicant and was not present for the deliberations or vote
ii) *Report previously circulated and attached to the minutes
iii) The following late information was received:
Response received from Children’s Services at D.C.C.:
‘Given the viability assessment completed on this application, we understand that full education contributions originally signed into a section 106 agreement against this development cannot be secured. Therefore, as you have requested, we have reviewed our position and provide a revised response below based upon current pupil forecasts within Tiverton.
Regarding the above application, Devon County Council has identified that the proposed increase of 41 family type dwellings will generate an additional 10.25 primary pupils and 6.15 secondary pupils which would have a direct impact on the Primary Schools in Tiverton and Tiverton High.
In order to make the development acceptable in planning terms, an education contribution to mitigate its impact will be requested. This is set out below:
In accordance with the Education Infrastructure Plan 2016-2033, DCC will consider the adopted Local Plan allocations in addition to the forecast spare capacity and already approved but not yet implemented developments. We will share the forecast spare capacity of an area proportionately between all outstanding development sites allocated in the Local Plan. Based on this, a percentage is established, which will be requested for developments in the area.
The primary schools in Tiverton are forecast to have capacity for the number of pupils likely to be generated by the proposed development. Therefore a contribution towards primary education infrastructure will not be sought.
Tiverton High is forecast to have capacity for 96% of all pupils likely to be generated by the proposed development. Therefore, Devon County Council would seek a contribution based on the Tiverton secondary percentage of 4% of the total number of pupils generated directly towards additional secondary education infrastructure at Tiverton High School. The contribution sought towards secondary is £5,790 (based on the DfE extension rate of £23,540 per pupil). This would relate ... view the full minutes text for item 154.
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.
It was agreed that:
22/00063/MARM – To be determined by committee and full committee site visit was required
22/00040/MARM – To be determined by committee and full committee site visit was required
Note: *list previously circulated and 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
Noted: *List previously circulated and attached to the minutes