Agenda and minutes

To elect a Chairman for the municipal year 2024/2025.

The Vice-Chairman of the Council invited nominations for the election of a Chairman for the municipal year 2024/2025.

RESOLVED that Cllr L Cruwys be elected Chairman of the Planning Committee for the municipal year 2024/2025.

(Proposed by Cllr B Holdman and seconded by Cllr N Letch).

To elect a Vice-Chairman for the municipal year 2024/2025.

The Chairman of the Committee invited nominations for the election of a Vice-Chairman for the municipal year 2024/2025.

RESOLVED that Cllr G Cochran be elected Vice Chairman of the Planning Committee for the municipal year 2024/2025.

(Proposed by Cllr L Cruwys from the Chair)

To agree a start time of meetings for the remainder of the municipal year.

Cllr S Clist proposed and seconded by Cllr G Duchesne that the Committee remain at 2.15pm for the remainder of the 2024/2025 municipal year.

The Committee AGREED to meet at 2.15pm for the remainder of the 2024/2025 municipal year.

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

Apologies were received from Cllr F Letch with Cllr G Czapiewski substituting.

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.

There were no public questions.

To record any interests on agenda matters

Members were reminded of the need to declare any interests where appropriate.

·         Cllr S Clist referred to Plan List 2 Application No. 24/00507/FULL and declared that he had an Other Registerable Interest as the Cabinet Member for Housing, Assets and Property but he had not been involved with this application.

To consider whether to approve the minutes as a correct record of the meeting held on 8^th May 2024.

The minutes of the previous meeting held on 8^th May 2024 were agreed as a true record and duly signed by the Chairman.

         To receive any announcements the Chairman may wish to make. 

The Chairman made the following announcements:-

·       He welcomed Milad Ghaderi the new Planning Officer to the team.

·       He also welcomed Stella Radley who would be joining the Planning Team as a Planning Enforcement Assistant on 24^th June

·       He explained that despite one round of interviews regarding the Senior Enforcement Role that the Planning Team were not able to appoint on this occasion.  However the post had been advertised again.

·       The Planning Team had been shortlisted by the Royal Town Planning Institute for Local Planning Authority of the Year. The team would go to an awards ceremony on 25^th June -  the Chairman wished them all the best in coming home with the trophy.  

To report any items withdrawn from the agenda.

Plans List 1 – Application No. 24/00285/FULL

Erection of 7 workshops (Use Class B2) and cafe to serve development (Use Class E) following demolition of general industrial buildings at Stag and Squire, Shadow Pond, Stoodleigh.

The Chairman explained that the application had been withdrawn from the Planning Committee at the request of the applicant as they preferred to submit revised plans to overcome a concern on ecology rather than have a pre-commencement condition imposed on any decision to approve the application

Cllr S Robinson requested a site visit prior to the application coming before the Planning Committee in July.

It was explained that the Constitution states that site visits should normally only be taken where the impact of the proposed development was difficult to assess from the plans and any other supporting information.  They could also cause delay and additional costs.

It was AGREED that as plans were to be resubmitted by the applicant that a decision for a site visit would only be made upon receipt of those amended plans.

To consider the planning applications contained in the list.

Update:  WITHDRAWN FROM THE AGENDA:-

Plans List 1

Planning Application No. 24/00285/FULL

Erection of 7 workshops (Use Class B2) and cafe to serve development (Use Class E) following demolition of general industrial buildings at Stag and Squire, Shadow Pond, Stoodleigh.

The Committee considered the applications in the *Plans List.

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

a)    24/00695/TPO - Application to monolith 1 Beech tree by 4-6m in height from ground level protected by Tree Preservation Order 80/00003/TPO at Land at NGR 294630 113109, Longdrag Hill, Tiverton.

It was noted by the Officer in her update to Members that the description should read “to 4-6m” rather than “by 4-6m”. 

The Planning Officer outlined the contents of the report by way of a presentation and highlighted the following:-

·         The Application was to monolith 1 Beech tree to 4-6 metres in height from ground level which was protected by a Tree Preservation Order (TPO).

·         The tree was sited close to adjoining residential properties and had been identified as having a large area of decay on the northern aspect and multiple weak primary limb attachments. 

·         The structural condition was classified as poor which posed a risk to neighbouring residents and properties.

·         The main issues raised were loss of a tree subject to a TPO; visual amenity impact; environmental impacts; and Tiverton Town Council considered the proposed works to the protected tree to be too excessive.

·         Justification for the works included the extent of the decay and the poor structural condition; public safety concerns; monolithing process was the best industry practice; and it retained a valuable habitat resource.

Discussion took place regarding:-

·         Whether when a mature tree was removed if a mature tree could be planted in its place.  It was explained that a replacement tree would have to be planted within 10 metres of the original tree and this may cause problems for residents.   The replacement tree would be a copper beech tree.

·         The value of keeping the monolith due to the conservational value and supported a wide range of species.

·         Would the monolith be monitored to check the condition and safety? It was explained that inspections would take place.

It was therefore AGREED to grant consent.

(Proposed by Cllr S Clist and seconded by G Duchesne)

Reason for the Decision – as set out in the report.

b)    24/00507/FULL - Demolition of existing garages and erection of 3 affordable dwellings and associated parking, landscaping and other minor associated works at Garages and Forecourt, Churchill Drive, Crediton.

The Area Team Leader outlined the contents of the report by way of a presentation and highlighted the following:-

·         The Application was for the demolition of existing garages and the erection of 3 affordable dwellings and associated car parking and landscaping.

·         The site was located inside the settlement limits of Crediton and approximately 200m away from the town centre boundary to the south east.

·         The site currently comprised of 13 garages with the ground levels falling from north to south.

·         There was a prominent tree to the north of the site within close proximity to the garage block.

·         The application was within a flood zone 1 which was the lowest level of flooding outside of a landscape designation and South West Water  ...  view the full minutes text for item 10.

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

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

The Committee agreed that the applications remained as per the report.

Note:  *List previously circulated.

To receive a list of recent appeal decisions.

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

Note: *List previously circulated.

To consider the signing of a S106 agreement to secure a Biodiversity Net Gain Habitat Bank of 10.29ha at Puddington Moor, Puddington, Devon.

The Area Team Leader outlined the contents of the report by way of a presentation and highlighted the following:-

·         This was a proposal to create a Biodiversity Net Gain (BNG) Habitat Bank of 10.29ha on the northern edge of Puddington.

·         The site was a single arable field that had been subject to intensive arable management.

·         It was located outside of any landscape designation and within flood zone 1.

Discussion took place regarding:-

·         How the Council would be able to ensure the habitat bank had a duration of 30 years.  It was explained that the site would be assessed and maintained as set out within the associated S106.  This required the owner of the site to submit a Monitoring and Management Plan as set out within the S106, to which the Local Planning Authority would then be responsible for ensuring the land concerned was managed and maintained in accordance with the plan.  Such monitoring would go on at various stages as set out for a period of 30 years as required by Government.

·         Whether the land was arable.   It was explained that the Ecologist at Devon County Council had raised no concerns.

It was therefore RESOLVED to approve the signing of the S106 agreement to secure a Biodiversity Net Gain Habitat Bank of 10.2ha.

(Proposed by Cllr B Holdman and seconded by Cllr S Robinson)

Reason for the Decision – as set out in the report.

To consider the signing of a S106 agreement to secure a Biodiversity Net Gain Habitat Bank of 59.85ha at Higher Ayshford Farm, Westleigh, Tiverton.

The Area Team Leader outlined the contents of the report by way of a presentation and highlighted the following:-

·       This was a proposal to create a Biodiversity Net Gain (BNG) Habitat Bank of 59.85ha at Higher Ayshford Farm located approximately 7.5km to Tiverton.

·       To the south were a number of listed buildings.

·       The site was made up of a total of 16 arable fields which included hedgerows, woodland and riparian habitats including ditches and ponds.

·       Following receipt of an updated Habitat Management and Monitoring Plan there would be an overall increase of 405.57% habitat biodiversity units, which equated to a Biodiversity Net Gain of 282.84%.

It was therefore RESOLVED to approve the signing of the S106 agreement to secure a Biodiversity Net Gain Habitat Bank of 59.85ha.

(Proposed by Cllr F J Colthorpe and seconded by Cllr B Holdman).

Reason for the Decision – as set out in the report.

To receive a verbal update on the Performance Dashboard from the Corporate Performance and Improvement Manager.

The Committee were presented with the Performance Dashboard for quarter 4 showing performance against target in 2023-24 by the Corporate Performance and Improvement Manager.

Discussion took place regarding:-

·         Whether planning enforcement indicators could have a rag rating.

·         Why there was a £0 target set for appeals.  It was explained that in the budget there was nothing in place to cover the cost of appeals and that was why it was set at £0.  Planning Officers and accountants met regularly to discuss any potential cost pressures relating to appeals.

Note: * Performance Dashboard previously circulated.