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 L J Holloway.
Apologies were also received from Cllr J M Downes to be substituted by Cllr P F Williams. |
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PUBLIC QUESTION TIME (02-16-00) 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 the minutes of the previous meeting and in particular application 14/01452/MFUL, Bowdens Lane asked the following questions:
With Reference to Agenda item 3, the minutes of the 5th November Meeting.
Members refused to accept the section of these minutes relating to the debate on the Shillingford Solar Panel application. Members wished the minutes to properly record the discussion and the many reasons for refusal which members raised during the debate and wished their 13 to nil rejection of the proposal to be recorded. Where has the required amendment /addendum to the 5th November minutes been published?
The Head of Planning and Regeneration stated that an addendum to the minute of 5 November 2014 would be combined with an amended implications report that Members had requested, the report was being prepared and would be brought before the Committee on either 4th or 11 February.
With Reference to Agenda Item 3 minutes of the Planning Meeting on 3rd December 2014.
At the meeting on the 3rd December 2014 Planning Committee Meeting, Members stated they were unhappy with the Planning Officers report prepared for the meeting in that it failed to provide the sought after reasons why the Shillingford Solar Panel application should be refused. They asked for a report to be prepared by a different Officer of MDDC and for this report to be made available ASAP. Can you advise if the paper prepared by objectors for the 3rd December Meeting and circulated to Members prior to the meeting was used in the preparation of this report and has this report been produced? If so where is it available for public access? If it has not been prepared yet, when will it be issued and where will it be lodged to provide public access?
The Head of Planning and Regeneration stated that any information received after the previous report had been written would be taken into account when writing the revised implications report.
In relation to the meeting on 3rd December 2014
In relation to a Public question on the Agenda for the meeting which noted that the Agenda states that "Members were minded to refuse the application and therefore wished to defer their decision so that a report could be received setting out the implications of the proposed decision". The question noted that this was at variance to what was recorded so asked the planning officer if this was an interpretation of the planning committee's decision to suit what the planning officer recommended; and therefore, was this a case of bureaucracy 'browbeating' democracy?
In response the Professional Services Manager stated that she would review the tape and address the issues raised. Can she provide a statement on the outcome of this review?
The Head of Planning and Regeneration stated that the original report would be attached to the updated report that would be brought before committee. The Professional Services Manager had reviewed the tape and the findings of that review would ... view the full minutes text for item 120. |
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MINUTES OF THE PREVIOUS MEETING (00-12-47) PDF 350 KB To receive the minutes of the previous meeting - (attached).
Minutes: The minutes of the meeting of 3 December 2014 were approved as a correct record and SIGNED by the Chairman.
At this point Members sought clarification regarding the type of panels that were proposed to be erected on different solar farms and whether bonds could be requested in relation to solar farms. The Head of Planning and Regeneration stated that that there was a provision for bonds in legislation in Scotland but not in England. |
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CHAIRMAN'S ANNOUNCEMENTS (00-16-25) To receive any announcements the Chairman may wish to make.
Minutes: The Chairman informed Members of a special meeting of the Committee that would take place on 11 February 2015. Another special meeting in addition to the ordinary meeting for March was also proposed (date to be confirmed). |
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DEFERRALS FROM THE PLANS LIST (00-16-25) 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 (00-17-08) PDF 207 KB To consider the planning applications contained in the list.
Minutes: RESOLVED that the following applications be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 3 on the Plans List - 14/01851/FULL – Retention of a ground mounted photovoltaic system to generate 6kW of power – Land at NGR 287945 110268 (Middleway) Pennymoor – grant planning permission subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by the Chairman)
Note: The following late information was reported: 15th December 2014 Cruwys Morchard Parish Council – no objections.
(b) No 1 on the Plans List (14/01592/MFUL – Erection of polytunnels (1200 sq.m – Ebear Farm, Westleigh). The Area Planning Officer outlined the contents of the report. Consideration was given to the upkeep of the polytunnels, an appropriate planting scheme, the hedge on the north east boundary of the site and any impact of the polytunnels on the Grand Western Canal RESOLVED that this application be approved subject to conditions as recommended by the Head of Planning and Regeneration with 3 additional conditions stating:
(i) No development shall begin until there has been submitted to, and approved in writing by the Local Planning Authority, a landscaping scheme, including details of any changes proposed in existing ground levels. All planting, seeding, turfing or earth reprofiling comprised in the approved details of landscaping shall be carried out within 9 months of the substantial completion of the development, and any trees or plants which, within a period of five years from the completion of the development die, are removed or become seriously damaged or diseased, shall be replaced in the next planting season with others of similar size and species. Reason: To ensure that the development makes a positive contribution to the character and amenity of the area and to safeguard the character and appearance of the Grand Western Canal Conservation Area in accordance with policies DM2 and DM27of Local Plan Part 3: (Development Management Policies).
(ii) The polytunnel hereby approved, shall be used only for agricultural purposes. On its becoming redundant for such purposes, it shall be demolished, and all materials resulting from the demolition shall be removed from the site, within 3 years of the date this occurs. Reason: To safeguard the rural character of the area and the character and appearance of the Grand Western Canal Conservation Area in accordance with policies DM22 and DM27of Local Plan Part 3: (Development Management Policies)
(iii) The hedge along the north east boundary of the site shall be maintained at a height of not less than 3m whilst the polytunnels are on site Reason: To safeguard the amenity of local residents in accordance with policy DM2 of Local ... view the full minutes text for item 124. |
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THE DELEGATED LIST (01-01-12) PDF 238 KB To be noted.
Minutes: The Committee NOTED the decisions contained in the Delegated List *.
Clarification was sought with regard to the criterion for change of use of an agricultural building to a dwelling house under Class MB(a).
Note: *List previously circulated; copy attached to signed Minutes.
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MAJOR APPLICATIONS WITH NO DECISION (01-07-02) PDF 24 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 14/01938/MOUT - South View Road, Willand be determined by the Committee and that a site visit to take place.
Application 14/01629/MFUL – Car Park, Tiverton Parkway which had previously been listed as being determined by the Committee be delegated to the Planning Officer.
Application 09/01573/MOUT – Venn Farm, Members agreed that a site visit was not necessary.
Note: *List previously circulated; copy attached to the signed Minutes.
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APPEAL DECISIONS (01-19-40) PDF 16 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 signed Minutes.
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To receive a report of the Head of Planning and Regeneration regarding the variations of terms of the S106 Agreement for this application Minutes: The Committee had before it a report * of the Head of Planning and Regeneration regarding the above application. The Planning Committee had considered the application at their meeting on 22nd October 2014 and resolved that planning permission be granted subject to the variation of terms of the S106 agreement pursuant to planning approval 12/00277/MOUT, various conditions and subject to various other provisions, including: c) That delegated authority be given to the Head of Planning and Regeneration in conjunction with the Chairman and Ward Members consider whether further noise mitigation measures are reasonably necessary to safeguard the living conditions of the occupiers of dwellings proposed close to the A361 and whether any such measures should be secured by an additional condition.
The Chairman informed the meeting that following consideration of the relevant evidence it was not considered that any further specific noise mitigation measures were justified in order to ensure an acceptable residential environment for future occupiers, therefore no further conditions with regard to noise mitigation were deemed necessary.
RESOLVED that the report be NOTED
(Proposed by the Chairman)
Notes:
(i) Cllrs M D Binks, R L Stanley and K D Wilson requested that their vote against the decision be recorded;
(ii) *Report previously circulated, copy attached to signed minutes. |