Agenda and minutes

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

Apologies were received from Cllr F Letch with Cllr G Czapiewski substituting and Cllr N Letch with Cllr J Lock 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.

Barbara Downs – Application No. 24/00045/MOUT

Are the committee aware that some of the gardens in Chilcott Close flood when we have heavy rain fall. How much worse will this become if 100 properties are built with the rain absorption rate being less.

Vicky Pugh - Application No. 24/00045/MOUT

Firstly, I’d like to applaud Mid Devon on commissioning an independent Landscape Review of the site. That report details how the developer has significantly underestimated the negative effects on the landscape character in a number of key areas, in several cases assessing impacts as minor when in fact they are major ones.

My question today relates to the proposed closure of Tidcombe Bridge to most vehicles.
e
There are specific instructions for councils considering such traffic restrictions as they have a huge effect on local people’s lives. I’m sure you know Tidcombe Lane is the main artery connecting the Tidcombe community and Tidcombe Bridge is at the heart of it. To prevent residents from driving along the lane is to effectively sever the community.

Such was the shock and strong feelings when local people learned of the proposal to restrict access, I contacted Brian Hensley, Development Manager at DCC Highways as to why we had not been consulted. In his email dated May 3rd 2024, he confirmed that, and I’m quoting,
“It would be my expectation that an appropriate level of consultation would be required using developer funding”. Helen Govier has a copy of this email.

It has long been good practice for councils considering traffic restrictions to carry out leaflet drops, run online surveys and hold in-person meetings and the draft statutory document states that failure to be confident of local support could affect future transport funding. This is why Brian Hensley has confirmed this should have been done prior to an application coming before Mid Devon.

A full independent public consultation is clearly required and I ask the Planning Committee to include the absence of one as a reason for refusal.

As a school inspector for 15 years, I’m aware that there is a statutory obligation for councils to go to all practicable lengths to minimise potential dangers to children in the immediate vicinity of their schools. Again, this is a County Council responsibility and no such assessment has been carried out into the likely impact of the closure of Tidcombe Bridge on the safety of the school children.

The closure of Tidcombe Bridge would in my view increase the risk to Tidcombe Primary School children. A significant proportion arrive and leave by car, many approaching from Blundells Road. There are no safe turning spaces (the reversing of cars outside schools must always be avoided because it is the highest risk of all to small children) and there would inevitably be a resultant increase in traffic through the narrow residential roads leading into the Wilcombe Estate.

If it is the decision of this committee to accept the Planning Officers’ recommendation to refuse the application, we ask if you  ...  view the full minutes text for item 24.

To record any interests on agenda matters.

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

·         Cllr M Jenkins made a declaration in accordance with the Protocol of Good Practice for Councillors Dealing with Planning Matters with regard to Application No. 24/00285/FULL as he had received correspondence and had been contacted by people objecting to the application.

·         Cllr S Clist made a declaration in accordance with the Protocol of Good Practice for Councillors Dealing with Planning Matters with regard to Application No. 24/00285/FULL and Application No. 24/00045/MOUT as he had received correspondence.  He also referred to Application No. 24/00506/MFUL and Application No. 24/00814/FULL as they sat within his portfolio area and declared that he had an Other Registerable Interest.  He had not had any discussions or participated with officers and had not pre-determined the applications.

·         Cllr B Holdman made a declaration in accordance with the Protocol of Good Practice for Councillors Dealing with Planning Matters with regard to Application No. 24/00285/FULL and Application No. 24/00045/MOUT has he had received correspondence.  He also declared a protocol interest with regard to Application No. 24/00814/FULL as Ward Member.

·         Cllr G DuChesne made a declaration in accordance with the Protocol of Good Practice for Councillors Dealing with Planning Matters with regard to Application No. 24/00285/FULL and Application No. 24/00045/MOUT has she had received correspondence.

·         Cllr F J Colthorpe made a declaration in accordance with the Protocol of Good Practice for Councillors Dealing with Planning Matters with regard to Application No. 24/00285/FULL as she had been contacted and had received correspondence.  She also knew one of the objectors as part of her role as District Councillor and from when she was a County Councillor and previously had dealings with them and their family.

To consider whether to approve the minutes as a correct record of the meeting held on 10^th July 2024.

The minutes of the previous meeting held on 10^th July 2024 were agreed as a true record and duly signed by the Chair.

         To receive any announcements the Chairman may wish to make. 

The Chair had no announcements to make.

To report any items withdrawn from the agenda

There were no withdrawals from the Plans List.

To consider the planning applications contained in the list.

The Committee considered the applications on the *Plans List 

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

1)    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 Principal Planning Officer outlined the application by way of a presentation and highlighted the following:-

·         The application proposed to demolish a group of existing buildings and clear the site and replace them with new 7 units, associated parking and landscaping. The application had been called in by Cllr R Gilmour and Cllr C Adcock for the Planning Committee to consider the following issues:

- Highway safety

- Economic viability

- Light pollution

-Ecology Impacts

-Proposed commercial use of the site

-Conflict with Policy DM18

·         The application site was within the western edge of Stoodleigh, which was not defined as a village with a settlement boundary in the Mid Devon Local Plan. The site lay at the edge, but also within, the Stoodleigh Conservation Area. The Parish Hall and a number of listed buildings were situated approximately 100 metres to the south of the site. The site was surrounded by woodland and therefore any views of the site from wider landscape were very limited.

·         The layout of the site was shown on the existing site plan as well as the shape and design of the buildings on the elevations plan.

The current lawful use of the land was Use Class B2 – General Industrial with some uses falling under Use Class B8 – Distribution and Storage as defined in the Town and Country Planning (Use Classes) Order 1987 (as amended). Historically, the site was used as a timber mill saw, however the site had been vacant since the business closure and the land being purchased by the applicant in 2020.

·         The site consisted of 10 buildings of which 7 buildings were connected together which covered an area of 777sq. m. The buildings were mainly of timber construction with a pent metal roof. The site was accessed via an existing vehicular access directly from an unclassified road situated at the southern boundary of the site.

·         The site was currently in a very dilapidated state with buildings being in a poor condition.  The southern part of the boundary, which consisted of defunct hedgerow similarly to the north-east part of the site with a large amount of piled soil which affected the health of existing trees.

·         The application proposed to regenerate the site through the demolition of existing structures and clearance of the site, and erection of 7 new units, a small café, permeable hardstanding and some soft landscaping.  The proposed site plan showed the layout of the site. The building on the most eastern edge, annotated as unit 7, would be L-shape and would provide 3 workshops spaces at the ground floor level and an office and administration space within the first floor above the part of the unit running parallel to the  ...  view the full minutes text for item 29.

To approve the signing of a S106 agreement to secure a BNG Habitat Bank of 2.56ha.

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 2.56ha at Hollyford Farm, Hollyford Lane, Stockleigh English.

·         Habitat Banks were one-off solutions that unlocked more sustainable development locally and met wider nature recovery objectives.

·         The site comprised of 3 agricultural fields and a small part of woodland area to the south of Hollyford Lane.

·         Habitats present within the site included small rural trees, line of trees, species-rich and native hedgerow with trees and scrubland.

·         The watercourse within the site did not form part of this habitat bank.

·         The management period was defined by net gain principles and planning objectives associated with the proposed development and so must cover a minimum 30 year period.

·         The Plan was designed to be adaptive and should be reviewed and amended regularly to ensure the management objectives remain fit to achieve their intended aims over the 30 year management period.

·         Third party oversight of the Habitat Management and Monitoring Plan would be carried out by Mid Devon District Council as the Local Planning Authority.

·         The results of the BNG assessment showed that the site had the potential to generate 9.86 habitat units and 3.10 hedgerow units.

RESOLVED to approve the signing of the S106 agreement to secure a Biodiversity Net Gain Habitat Bank of 2.56ha.

(Proposed by Cllr F J Colthorpe and seconded by Cllr S Robinson)

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

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, copy attached to the minutes.

To receive a list of recent appeal decisions

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

Note: *List previously circulated, copy attached to the minutes.