Venue: Town Hall
Contact: Sally Gabriel Member Services Officer
Link: Audio recording of meeting
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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 Cllrs P J Heal and D J Knowles.
Cllr R L Stanley sent apologies and was substituted by Cllr E J Berry. |
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PUBLIC QUESTION TIME (00-03-00) 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 (representing the residents of Shillingford) and referring to Item 11 on the agenda, Bowdens Lane asked the following questions:
Q1. I like, I assume the other 170 objectors, received a letter from Mid Devon District Council dated 26th January 2015 stating that the “the application (14/01452/MFUL) has been placed on the Agenda for consideration by Members at the meeting of the Planning Committee on the 4th February 2015” and inviting attendance. It also said the officer’s report would be made available on the web site, which indeed it was, pinned to the Agenda for the meeting listing this application as agenda item 11. We were then advised, with another 170 letters, that consideration would be delayed until 11th February as Members were unhappy with this report.
Noting that this is now the 3rd Report from officers on this application that has been found unacceptable, can Members advise if they still have confidence in the officers views and it is not, as referred to in the Gazette, bureaucracy trying to browbeat democracy?
The Professional Services Manager stated that no decisions had yet been made, officers have to make recommendations but the decision lies with Members of the Committee. The Committee can come to a different decision but need to have reasons for doing so.
Q2. We note that the third Planning Officers Report and the implications report both use as support quotes from a speech given by Minister Greg Baker made at the Large Scale Solar Conference on the 25th April 2013 and attaches the full transcript to the report. Whilst it is not surprising that a speech to that audience was positive towards the industry why did the report fail to mention the more recent, numerous and more relevant Government listed in the paper we submitted yesterday? We have given you all the links, why has this been published and the others not?
The Professional Services Manager stated that Members had wished this speech to be referred to in the report and noted that it is the only ministerial statement referred to that is referenced in National Planning Guidance, the other are not referred to.
Q3 Members refused to accept the minutes of 5th November Meeting and were not offered a solution at the 3rd December meeting. This issue is discussed in the report for Agenda item 11 of today’s meeting. However, no actual amendment to the 5th November minutes has been offered for consideration. The delay in resolving this issue with the minutes does not fill us with confidence and seems an odd way to manage corrections to them. How are Members going to ensure that their very clear position in opposition to this application on 5th November is correctly noted in the record of these previous meetings?
The Professional Services Manager stated that when the application is considered at next week’s meeting, a new set of minutes will be produced, the new minutes will mop up the ... view the full minutes text for item 130. |
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MINUTES OF THE PREVIOUS MEETING PDF 463 KB To receive the minutes of the previous meeting (attached).
Minutes: The minutes of the meeting of 7 January 2015 were approved as a correct record and SIGNED by the Chairman. |
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CHAIRMAN'S ANNOUNCEMENTS (00-11-33) To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had the following announcements to make:
· A special meeting of the committee would take place next Wednesday 11 February 2015. · A special meeting of the committee would also take place on 18 March 2015. · She proposed that the application at Bowdens Lane be deferred so that the Committee could receive an updated report, this was AGREED. · She informed the Committee that this was the last meeting before Miss Hodgson (Area Planning Officer) went on maternity leave and wished her well. |
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ENFORCEMENT LIST (00-14-16) PDF 181 KB To consider the items contained in the Enforcement List.
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/12/00122/UDRU – without planning permission, an unauthorised development has been undertaken to the area of land to the south east of Autumn Cottage. Namely the construction of an incomplete block built structure measuring 15m x 5m - Autumn Cottage, 46A Brook Street, Bampton).
The Enforcement Officer outlined the contents of the report highlighting the impact on the neighbouring properties and the location of the building within the flood zone of the river.
Consideration was given to the purpose of the building and the need to apply for planning permission.
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 Cllr Mrs L J Holloway and seconded by Cllr K D Wilson)
Notes:
(i) Mrs J Banks (Agent) spoke; (ii) Cllr Mrs M E Squires requested that her abstention from voting be recorded; (iii) A proposal to give more time for a planning application to come forward was not supported.
b) No. 2 in the Enforcement List (Enforcement Case ENF/14/00009//UDRU – without planning permission, an unauthorised development has been undertaken to the area of land to the north west of Hamslade Farm, namely the construction of a single storey building with the facilities required for the creation of a residential unit, Hamslade farm, Bampton).
The Enforcement Officer outlined the contents of the report highlighting the facilities placed within the unauthorised development and the new damp proof membrane and concrete foundations which had indicated a new build.
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 Cllr Mrs H Bainbridge and seconded by Cllr Mrs D L Brandon)
Note: Cllr Mrs F J Colthorpe declared a personal interest as the landowner was known to her.
c) No. 3 in the Enforcement List (Enforcement Case ENF/14/00098/UWTPO – unauthorised work carried out to a tree protected by a Tree Preservation Order, I Springfield, Western Road, Crediton).
The Enforcement Officer outlined the contents of the report highlighting the timetable of events that had led to the damage to the tree. He informed the Committee that an application to fell the tree and for a replacement to be put in place had been considered under delegated powers and been approved. Members were required to consider whether the chain of events should lead to ... view the full minutes text for item 133. |
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DEFERRALS FROM THE PLANS LIST 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 (01-15-00) PDF 426 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 (14/01876/FULL – Erection of 4 affordable flats following demolition of redundant buildings – 1 Birchen Lane, Tiverton) be approved subject to conditions as recommended by the Head of Planning and Regeneration
(Proposed by the Chairman)
(b) No 1 on the Plans List (14/01474/FULL – Conversion of redundant barn to dwelling – land and buildings at NGR 304595 116820 (adjacent to Goldsmoor House, Westleigh). The Professional Services Manager outlined the contents of the report highlighting the location plan of the proposed development, the layout and proposed elevations and provided photographs from various aspects of the site.
Consideration was given to the design of the proposed dwelling, the need to renovate disused barns or just to leave them in a redundant state and whether the development would contribute to the area’s rural character.
RESOLVED that the application be refused as recommended by the Head of Planning and Regeneration.
(Proposed by Cllr Mrs D L Brandon and seconded by Cllr Mrs L J Holloway)
Vote 7 for: 6 against – Chairman’s casting vote.
Notes:
i) Cllr Mrs H Bainbridge made a declaration in accordance with the Protocol of Good Practice for Councillors dealing in planning matters as she had had dealing with the agent regarding this issue;
ii) Mr Archer spoke;
iii) Cllr Mrs H Bainbridge spoke as Ward Member.
(c) No 2 on the Plans List (14/01727/FULL – Erection of a single storey extension – Barton Barn, Leigh Barton, Silverton). The Area Planning officer outlined the contents of the report highlighting the proposal by way of presentation, identifying the plans for the single storey extension and its proximity to Lea Barton, the proposed elevations and photographs from various aspects of the site.
Consideration was given to the impact of the extension on the existing property and neighbouring properties, the view from across the valley and the fact that the extension would not be seen, the level of the roofline and its impact on the existing dwelling and whether the impact of the proposal was sufficient to warrant a refusal.
RESOLVED that the application be approved for the following reasons: That the impact of the proposal is not sufficient to warrant refusal of the application and it is not detrimental having regard to the following policies: COR2, COR 18 Mid Devon Core Strategy (LP1) and DM2, DM 13 Development Management Policies (LP3)
And that the Head of Planning and Regeneration be given delegated authority to progress a set of conditions for the planning permission.
(Proposed by Cllr K D Wilson and ... view the full minutes text for item 135. |
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THE DELEGATED LIST (02-38-00) PDF 299 KB To be noted.
Minutes: The Committee NOTED the decisions contained in the Delegated List *.
The Committee congratulated the Planning Department on the number of applications dealt with.
Note: *List previously circulated; copy attached to signed Minutes.
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MAJOR APPLICATIONS WITH NO DECISION (02-41-00) 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.
Note: *List previously circulated; copy attached to the signed Minutes.
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APPEAL DECISIONS ((02-43-00) PDF 17 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 consider a report of the Head of Planning to report to Members on the outcome of the review of the Minutes of the meeting of 5 November 2014 in relation to this planning application and to consider the reasons for refusal proposed by the Planning Committee at the meeting of 5 November 2014 in light of further advice from Officers and to decide how the Council would have determined the planning application had it the ability to do so in light of an appeal for non-determination submitted by the applicants on 23 December 2014.
Additional documents: Minutes: This item has been deferred as indicated at the beginning of the meeting. |
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To consider a report of the Head of Planning and Regeneration regarding this application. Minutes: The Committee had before it a report * of the Head of Planning and Regeneration regarding the above application. The Principal Planning Officer outlined the contents of the report by way of presentation highlighting the location plan, the access to the site, the block plan that outlined the indicative layout and the buffer zone for flood prevention. She explained the Environment Agency conditions and the fact that the site was now proposed for allocation in the emerging Local Plan Review and therefore the principle had been established. She also stated that any mitigation in case of noise and light pollution would form part of the reserved matters application.
Consideration was given to the floodline depicted around the proposed buildings.
RESOLVED that the granting of outline planning permission be recommended to the National Casework Unit as this was at present a departure to the Local Plan.
(Proposed by the Chairman)
Notes:
(i) Mr Graves (Agent) spoke;
(ii) Cllr K D Wilson requested that his vote against the decision be recorded;
(iii) The following late information was reported: There was an error in the description of the proposal in that the total floorspace has been reduced to 12,000 square metres (from 15,000 square metres) but the corresponding figure in square feet in the description has not been changed. The figure should read 129,000 square feet.
Two further objections received, repeating previous objections, concerned with flooding, noise and light pollution, increased road traffic, damage to greenfield site detrimental to the environment and wildlife and lack of need due to the existence of existing industrial allocations and vacant industrial land. The issues covered in the objection are addressed in the officer’s report.
(iv) *Report previously circulated, copy attached to signed minutes.
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