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Agenda and minutes

Venue: Phoenix Chambers, Phoenix House, Tiverton

Contact: Angie Howell  Member Services Officer

Media

Items
No. Item

1.

ELECTION OF CHAIRMAN (0:00:20)

To elect a Chairman for the municipal year 2023/2024.

Minutes:

RESOLVED that Cllr L J Cruwys be elected Chairman of the Planning Committee for the municipal year 2023/2024.

 

(Proposed by Cllr G Cochran and seconded by Cllr S J Clist)

 

 

2.

ELECTION OF VICE CHAIRMAN (0:08:46)

To elect a Vice Chairman for the municipal year 2023/2024.

Minutes:

RESOLVED that Cllr G Cochran be elected Vice Chairman of the Planning Committee for the municipal year 2023/2024.

 

(Proposed by Cllr G Duchesne and seconded by Cllr M Farrell)

 

3.

START TIME OF MEETINGS (0:10:55)

To agree start time for Planning Committee meetings for the Municipal year 2023/2024.

Minutes:

It was AGREED that the start time of meetings for the remainder of the municipal year continued to be at 2.15pm.

 

Notes:-

 

·         Cllr G Cochran wished to have noted that he voted against this decision.

4.

APOLOGIES AND SUBSTITUTE MEMBERS (0:14:28)

To receive any apologies for absence and notices of appointment of substitute.

 

Minutes:

Apologies were received from Cllr M Jenkins.

5.

PUBLIC QUESTION TIME (0:15:23)

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:

Members of the public attended the meeting and asked the following questions:-

 

Peter Drew in respect of Application No. 22/01209/FULL

 

The Officer's report discusses whether there is a 'planning betterment', but it fails to provide a balanced argument and does not address a point raised during consultation.  That is why this question needs to be addressed now. 

Members will note the planning history set out in the report.  The livestock building has been erected and there is no dispute that it required planning permission because it is within the specified distance of my dwelling.  However the storage building, which is the subject of a current application, is in my view permitted development.  Officers have failed to respond to an outstanding complaint on this point prior to reporting the matter to this Committee as I had requested.  If the Officers had properly assessed that issue in a timely manner then they should have found criterion (g), set out in the report, is not met such that the principle of a dwelling outside the settlement boundary is contrary to the local plan policy correctly cited by the Canal Joint Advisory Committee, who have not withdrawn their objection. The Officer's claim that the applicant can chose whether to apply under the prior notification process undermines the purpose of the legislation and is not supported by any case law.

Without prejudice to that view, when Class Q is invoked a range of restrictions are brought into play.  Foremost amongst these is a preclusion on the erection of agricultural buildings on the farm unit for a period of 10 years.  Moreover if the conversion of the barn took place under Class Q that would mean that other barns on the holding, such as the prominent barn on the highest land at Higher Town, could not be converted because the cumulative floorspace would exceed the threshold in the statutory instrument. 

Whilst condition 7, as proposed in the Committee Report, reflects another restriction in the statutory instrument the Officers are being inconsistent in not imposing similar conditions to remove permitted development rights across the farm unit. In these circumstances, if betterment is genuinely to be shown, will Officers agree to the 2 additional conditions that I have suggested to them? If not, will they please explain their inconsistent approach, particularly in the light of the fact that there was never a legitimate agricultural need for 2 livestock buildings at the site?

 

Giles Fawssett in respect of Application No. 22/00067/MFUL

 

The last time I was asking a question here, about the Creedy Bridge development on the north side of Crediton, it was before the local elections. So what a dramatic change. Back then, it felt like no one was able to stop what our local plan calls “car-dependent estates where residents have little need or opportunity to relate to other parts of the town or to each other”.

 

 

 

So looking at Wellparks, as I do when I cycle back from Exeter, what is the issue. Wellparks  ...  view the full minutes text for item 5.

6.

DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (0:30:24)

To record any interests on agenda matters.

 

Minutes:

Members were reminded of the need to make declarations where appropriate.

 

·         Cllr S J Clist confirmed that he had a Declaration of Pecuniary Interest and an Other Registrable Interest for Application No. 22/00067/MFUL and would leave the room whilst this was being discussed and voted on.

·         Cllr B Holdman declared that he was a member of the Planning Committee on the Tiverton Town Council.

·         Cllr L J Cruwys regarding Application 22/01209/FULL declared that he was a member of the Grand Western Canal Joint Advisory Committee as several references were made to that Committee during the meeting.

·         Cllr L J Cruwys regarding Application No. 22/01098/MOUT also stated that this was brought to the Tiverton Town Council Planning Committee although he did not vote on the application.

 

 

7.

MINUTES OF THE PREVIOUS MEETING 0:32:27) pdf icon PDF 199 KB

To consider whether to approve the minutes as a correct record of the meeting held on 5 April 2023.

Minutes:

The minutes of the previous meeting held on the 5 April 2023 were agreed as a true record and duly SIGNED by the Chairman.

 

8.

CHAIRMAN'S ANNOUNCEMENTS (0:32:56)

         To receive any announcements the Chairman may wish to make. 

 

Minutes:

The Chairman made no announcements.

9.

WITHDRAWALS FROM THE AGENDA (0:33:06)

To report any items withdrawn from the agenda.

Minutes:

There were no withdrawals from the agenda.

 

10.

PLANS LIST (0:33:14) pdf icon PDF 2 MB

To consider the planning applications contained in the list.

Minutes:

The Committee considered the applications in the “Plans List.

 

Note: *List previously circulated and attached to the minutes.

 

a)    22/00067/MFUL - Conversion of farmhouse and buildings to 17 dwellings, the erection of 14 dwellings and erection of 2 commercial buildings (Use Classes B8, E, Sui Generis) at Wellparks, Exeter Road, Crediton.

 

The Principal Planning Officer outlined the application by way of a presentation and advised the Committee of an additional condition as set out below:

 

·         Waste Management Plan - During Construction (including relevant refuse disposal details)

 

·         No development shall commence until a waste management plan during construction had been submitted to and approved in writing by the local planning authority. The plan should detail the following:

 

·         The type of material to be demolished and/or excavated;

The volume of material to be demolished and/or excavated;

Opportunities for the reuse and recovery of materials;

 

·         A demonstration of how to manage disposal of waste having regard to the significance of the; heritage assets and their setting and the visual amenities of this gateway site.

 

·         Additional s106 Heads of Terms

 

Phasing scheme to be agreed to ensure that the works to the listed building are carried out at an early stage of the development to ensure that the heritage benefits are secured.  

 

In response to the public questions the Principal Planning Officer outlined that:

 

·         The Planning officer outlined that there were issues securing reductions in carbon emissions (for solar panels and air source heat pumps) because the Council does not have a planning policy that sets a target which would enable the Council to secure improvements. There is also potential harm to the listed buildings and their setting; and the scheme is also very close to being unviable.

 

Consideration was given to:-

 

·         The Management Plan and ensuring the upkeep is up to standard.

·         Parking limitations.

·         Solar panels.

·         Environment health conditions – there were restrictions in place in terms of hours of use.

·         Bio diversity – that the development was carried out in accordance with the Ecology Management Plan as there were bats roosting in the farmhouse.

 

RESOLVED that planning permission be granted subject to conditions and the signing of a S106 agreement to secure as recommended by the Development Management Manager.

 

(Proposed by Cllr P Colthorpe and seconded by Cllr F W Letch)

 

Reason for the decision: As set out in the report.

 

Notes:-

 

·         Cllr S J Clist left the room whilst this application was debated and voted upon due to a declaration of pecuniary interest and other registrable interest.

·         Cllr N Letch declared she was a Planning Committee Member at Crediton Town Council.

·         Cllr Liz Brookes-Housing spoke on behalf of Crediton Town Council.

 

b)   23/00326/FULL - Erection of replacement clubhouse with additional changing and toilet facilities following demolition of existing buildings at Crediton United AFC, Commercial Road, Lords Meadow Industrial Estate.

 

In accordance with its agreed procedure the Committee determined the above application could be dealt with without debate.

 

It was therefore RESOLVED that the above application be granted subject to  ...  view the full minutes text for item 10.

11.

MAJOR APPLICATIONS WITH NO DECISION (1:28:20) pdf icon PDF 258 KB

To receive a list of major applications and potential site visits.

 

Minutes:

The Committee had before it, and NOTED, a *list of major applications with no decision.

 

The Committee agreed that:

 

Application 22/02339/MFUL – Erection of extensions and improvement works to existing Church and presbytery, St James Church, Old Road, Tiverton, Devon, EX16 4HJ to be determined by Committee and to arrange a site visit if minded to be approved.          

 

12.

APPEAL DECISIONS (1:30:00 pdf icon PDF 242 KB

To receive a list of recent appeal decisions.

 

Minutes:

The Committee had before it, and NOTED, a *list of appeal decisions.

 

Note: *list previously circulated and attached to the minutes