Venue: Town Hall
Contact: Sally Gabriel Member Services Officer
Link: audio recording
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APOLOGIES AND SUBSTITUTE MEMBERS To receive any apologies for absence and notices of appointment of substitute Minutes: Apologies were received From Cllr Mrs D L Brandon |
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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: Mr Woolley referring to Item 5 on the agenda (Bowdens Lane) stated that whilst not available for the Planning Meeting we notice that an undated paper from Wessex Solar Energy was posted on the web site dated 3rd November and we believe were circulated to members for the meeting. This document entitled ‘Response to Public Concerns’ once again arrogantly dismisses the valid comments of some 176 objectors and Bampton Town Council. Can I ask the Head of Planning why this document was not made public at the meeting and ask if our response to it has also been circulated to members?
The Professional Services Manager stated that the applicant’s paper was made public as it was uploaded on to Public Access. The paper that the objectors put forward was circulated to Members as requested.
Mr Woolley asked another question: in trying to justify why no public consultationhad taking place in relation to this application the Wessex Solar Energy ‘Public Concerns’ document states that their second application is Sept was identical to their first in May. If this is true it raises the question of why objectors were told they had to resubmit their objections. If the documents are the same are you going to add the two sets of objections together making a total of 324 objections to this scheme?
The Professional Services Manager stated that these were 2 separate applications which are standalone applications; representations for each application are recorded and are not carried forward even if the applications are identical.
Mr Woolley continued referring to the minutes of 5 November 2014, having listened to the public recording of the 5th November meeting, I do not believe the minutes fully reflect the actual conclusions of the debate on Shillingford Solar Farm. I checked with the secretary who confirmed that 13 members voted in favour of refusal, this is not recorded. We accept it is for Committee members to decide if the minutes correctly record their intent and wonder if they feel the minutes do so?
Mrs Scott again referring to Item 5 on the agenda (Bowdens Lane) stated that she lived 300 yards from the site. We note that in your Planning Officer’s update to the last meeting on the 5th November she included a lengthy response from Devon and Cornwall Police which stated that these sites are ‘a magnet to organised gangs of thieves’. It is well known that when thieves go into an area for the specific purpose of theft they are on the lookout for other valuables to steal. Residents do not want a ‘magnet to gangs of thieves’ placed in our community so can we ask you for your protection?
The Principal Planning Officer stated that this was a standard response from the Police and that they had no objections.
Mrs Scott continued stating that in her report the Planning Officer states that Members must consider the balance of advantages and disadvantages of the scheme but whilst minimizing the disadvantages ... view the full minutes text for item 108. |
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MINUTES OF THE PREVIOUS MEETING To receive the minutes of the meeting of 5 November 2014 (attached) Minutes: Discussion took place regarding the minutes of the previous meeting, it was suggested that the policies referred to in discussions during the Bowdens Lane application at the previous committee had not appeared in the resolution, it was also felt that appropriate reasons for refusal were not given and therefore the implications report that was before the Committee today did not contain the appropriate information. Members had sought additional information regarding a possible bond and the types of panels to be erected. It was felt that Members reasons for refusal needed to be incorporated into the implications report so that reasons were sound for appeal purposes.
Therefore subject to:
a) the withdrawal of minute 100b from the minutes of the meeting of 5 November 2014 and the submission of a fresh minute identifying the various policy numbers and additional information if this formed part of the previous final resolution following review of the audio recording of the meeting; and b) an amendment to the resolution of Minute 100(e) (i) removing the words “amendment to” and inserting “additional condition”,
the minutes of the held on 5 November 2014 were approved as a correct record and SIGNED by the Chairman.
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CHAIRMAN'S ANNOUNCEMENTS - To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had no announcements to make. |
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- To receive an implications report by the Head of Planning and Regeneration following discussions at the previous meeting where Members were minded to refuse the application.
Minutes: The Committee had before it a report * of the Head of Planning and Regeneration highlighting issues raised at the previous meeting when Members were minded to refuse the application. The report set out the reasons and implications of refusing the application.
Discussion took place regarding the events of the previous meeting and the requirement for a comprehensive implications report to be produced with reasons for refusal based on the following policies COR 2; Sections A, B and C, COR 11; Sections A, B and C, DM2; Sections A, B, C and E (ii), DM7; Sections 1.29, DM22; Sections B,C, D and E and DM29 Section B, COR 5, Planning Policy Guidance Statement , bottom of page 77, and DM7. Also discussions that had taken place with the Head of Planning and Regeneration regarding the contents of the implications report,
RESOLVED that the application be deferred to provide the Head of Planning and Regeneration with the opportunity to review both the officers report and the contents of the record of the meeting of 5 November and that a revised implications report be brought before the committee at a future meeting and that an additional report be produced on the purpose and principles of implications reports to ensure that it addresses Members reasons for a contrary decision to officers recommendations and the possibility of implications reports being written by someone other than the case officer.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs M E Squires)
Note: *Report previously circulated; copy attached to signed Minutes.
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– To receive an implications report by the Head of Planning and Regeneration following discussions at the previous meeting where Members were minded to approve the application.
Minutes: The Committee had before it a report * of the Head of Planning and Regeneration highlighting issues raised at the previous meeting when Members were minded to approve the application. The report set out the reasons and implications of approving the application and suggested conditions in the event that planning permission was granted.
The Professional Services Manager outlined the contents of the report stating that officers had been concerned about the design and size of the proposed extension.
RESOLVED that planning permission be granted subject to conditions as set out by the Head of Planning and Regeneration in the implications report.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)
Notes: (i) Cllr R F Radford made a declaration in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as he had had contact with the applicant; (ii) Cllrs Mrs F J Colthorpe and Mrs M E Squires requested that their abstention from voting be recorded. (iii) *Report previously circulated; copy attached to signed Minutes.
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- To consider the items contained in the Enforcement List.
During discussion of items 4 and 5 on the list 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) in 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 Committee 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.
ACCESS TO INFORMATION ACT – EXCLUSION OF THE PRESS AND PUBLIC
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 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).
Additional documents:
Minutes: Consideration was given to a case in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
Arising thereon:
(a) No. 1 in the Enforcement List (Enforcement Case ENF/13/00167/UDUR – without planning permission, an unauthorised development has been undertaken to the rear garden of 48 Cottey Brook, namely the construction of a raised platform, steps and railings – 48 Cottey Brook Tiverton).
RESOLVED that delegated authority be given to the Legal Services Manager to take any appropriate legal action including the service of a notice or notices, seeking the removal of the structure from the land. In the event of any failure to comply with the notice served the additional authority to prosecute, take direct action and/or seek a court injunction.
(Proposed by Cllr A V G Griffiths and seconded by Cllr Mrs M E Squires)
(b) No. 2 in the Enforcement List (Enforcement Case ENF/14/00162/UNLD – untidy land/building detrimental to visual amenity in contravention with Section 215 of the Town and Country Planning Act 1990 (as amended), The Twyford Inn, 64-66 Bampton Street, Tiverton).
The Enforcement Officer started that he had been involved in discussions with the new owners of the site who had also undertaken some remedial work which had a material impact on the requirement of the Section 215 Notice proposal. The heras fencing had been removed from the perimeter of the site and the associated debris had been removed and the road re-opened. The scaffolding contract had been taken on by the new owners and would remain in situ as required. The new owners had met with Environmental Health Officers and pest control experts who had agreed that there was no infestation of rats on the site but that bait boxes would be set up and regularly inspected. A structural engineer and archaeologist had looked at the site and reports would be issued. It was therefore necessary for amendments to be made to step 1 identified in the proposed Section 215 Notice in the report to state that “subsequent inspection of the site shows that the ground floor windows and doors have been boarded appropriately, along with the removal of the heras fencing which now negates step 1 of the requirements listed to be included within the Section 215 Notice. All other elements including the retention of the scaffolding are to be retained within the proposed 215 Notice, it was therefore proposed that step 1 of the notice be removed.
RESOLVED that in the event that acceptable progress is not made by 1 March 2015 to undertake works to address the appearance of the site, the Legal Services Manager to be given delegated authority to take the appropriate legal action including the service of a Section 215 Notice and in the event of a failure to comply with such a notice, consideration of prosecution proceedings and/or direct action, or injunction proceedings. Such a notice requiring that steps should be taken to tidy the land.
(Proposed by Cllr E G Luxton and seconded ... view the full minutes text for item 113. |
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DEFERRALS FROM THE PLANS LIST – To report any items appearing in the Plans List which have been deferred. Minutes:
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THE PLANS LIST - To consider the planning applications contained in the list. Minutes:
(a) No 1 on the Plans List (14/00830/MOUT – Outline for the erection of up to 185 dwellings and 1935m2 of employment uses (B1 and B8) together with structural landscaping, sustainable drainage and ancillary open and play space at Land at NGR 284242 99827 (Wellparks), Exeter Road, Crediton ). The Area Planning officer outlined the contents of the report stating that the application had been deferred from the previous meeting to allow for further information to be provided with regard to the works required to ensure the safe crossing of children and pedestrians to and from the proposed site and how this could be funded out of the amount allocated in the off-site highway works Section 106 agreement and the provision of detailed plans showing the proposed routes and crossing points and information regarding how the proposed percentage of affordable housing had been arrived at. An additional plan had been provided highlighting the proposed crossing points which had been requested. He outlined the identified crossing points by way of presentation and the updated negotiations that had taken place with the development to increase the amount of affordable housing to 27.5%. Discussion followed with regard to the need for the inclusion of the plan identifying the crossings to be appended to the Section 106 Agreement.
RESOLVED planning permission be granted subject to the prior signing of a Section 106 Agreement to secure the following matters and subject to the conditions as recommended by the Head of Planning and Regeneration.
(i) 27.5% affordable housing on site, in terms of tenure and house types the legal agreement should ensure that with regard to the first 25% of the affordable units 35% one bed units (to be provided as predominately 1 bed houses), 50% two bed houses and 15% three bed houses. All these units shall be made available on affordable rent basis. The additional 2.75% shall be provided as 2 bed houses and shall predominately be affordable rent with 20% as shared equity or other form of tenure as agreed by the Council.
(ii) A financial contribution towards providing new and enhancing existing public open space off site: £1,250 per dwelling.
(iii) A financial contribution towards air quality, highway and pedestrian safety initiatives: £124,040.00. (The LDA Access and Movement plan identifying the crossing improvements to be appended to the S106 Agreement).
(iv) Provision of the following off site highway works to be delivered by the site developer: - Widening of the pavement along Exeter Road adjacent to the site to a minimum of 1.8 metres (specification to be agreed). - Delivery of the shared footpath / cycleway from the North West corner of the site to Downshead Lane (specification to be agreed). - Delivery of a pedestrian crossing facility across Mill Street (specification to be agreed).
(v) A financial contribution towards improving Air Quality in the Crediton Air ... view the full minutes text for item 115. |
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THE DELEGATED LIST – To be noted. Minutes: The Committee NOTED the decisions contained in the Delegated List *.
Note: *List previously circulated; copy attached to signed Minutes.
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MAJOR APPLICATIONS WITH NO DECISION - 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 the following be brought before the Committee and that site visits take place prior to determination:
14/01748/MARM – Cummings Nursery, Culm Lea, Cullompton
14/01501/MFUL – Stumpy Cross, Silverton
The Professional Services Manager informed the Committee that since the publication of the agenda for this meeting additional major applications had been forthcoming it was therefore AGREED that the following be brought before the Committee and that site visits take place prior to determination:
14/019832/MFUL – Wiseburrow Farm, Burlescombe
14/01984/MFUL – Redhill Farm, Burlescombe
14/01949/MFUL – Stoneshill farm, Willand Road, Cullompton
14/01847/MFUL – Rear of Town Hall, Tiverton
The size of application 14/01780/MFUL be sent to Members so they could consider whether they wish to have it brought before the Committee and if so, whether a site visit was necessary.
Note: *List previously circulated; copy attached to signed Minutes.
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– 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 a recent planning appeal.
Note: *List previously circulated; copy attached to signed Minutes.
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