Venue: Phoenix Chamber, Phoenix House
Contact: Sally Gabriel Member Services Manager
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 R L Stanley who was substituted by Cllr B A Moore.
Apologies were also received from Cllr D J Knowles.
In the absence of Cllr D J Knowles (Vice Chairman), the Chairman sought a proposal from the Committee for an Acting Vice Chairman.
RESOLVED that Cllr K I Busch be Acting Vice Chairman for the meeting.
(Proposed by the Chairman) |
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PUBLIC QUESTION TIME 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: There were no questions from members of the public present. |
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MINUTES OF THE PREVIOUS MEETING (00-3.00) PDF 393 KB To receive the minutes of the previous meeting (attached).
Minutes:
Subject to an amendment to Minute 81 in the notes removing the word “landowner” and replacing it with “site manager”, the minutes of the meeting held on 2 December 2015 were approved as a correct record and signed by the Chairman.
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CHAIRMAN'S ANNOUNCEMENTS (00-04-32) To receive any announcements the Chairman may wish to make.
Minutes: The Chairman informed the meeting that Luke Smith who had most recently been working as a Principal Planning Officer would be leaving the authority in January; the Committee wished him well. |
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To consider the items contained in the Enforcement List.
Minutes: Consideration was given to the following cases in the Enforcement List *:
Note: *List previously circulated; copy attached to the signed Minutes.
Arising thereon:
No. 1 in the Enforcement List (Enforcement case ENF/15/00158/UDUR – Agricultural buildings not being built in accordance with approved plans of 15/00784/FULL and 15/00785/FULL, resulting in the development being unauthorised – land at 97524 124069 (Fourwinds) Morebath).
The Planning Enforcement Officer outlined the contents of the report stating that the development had been granted planning permission in June 2015 however the site had been built out far in excess of the permission granted. Members viewed photographs from various aspects of the site and noted the height and position of the buildings and the impact on the visual amenity.
Consideration was given to the size of the unauthorised buildings and the impact on the local area.
It was therefore
RESOLVED that the Legal Services Manager be authorised to take any enforcement action, including the service of a notice or notices, seeking the removal of the unauthorised buildings from the land. In addition, in the event of a failure to comply with the requirements of any notice served, authorisation for prosecution, direct action and/or authority to seek a court injunction.
(Proposed by Cllr J L Smith and seconded by Cllr Mrs H Bainbridge)
Notes:
a) Cllr P J Heal declared a Disclosable Pecuniary Interest in the application as he identified from the photographs that he had had business involvement with one of the contractors on the site and left the meeting during the discussion thereon;
b) Cllr B A Moore declared a personal interest as he knew many of the local residents;
c) The following late information was reported: The Council has received a request for a meeting for pre-application advice from the agent acting on behalf of the owner of the land. A site visit has been arranged for the 21st December 2015, where the agent wishes to discuss alternative options or changes that may be made to the buildings so that they are acceptable in planning terms.
Your Officers consider that the owner of the site has already been given ample opportunity to engage in discussion regarding the resolution of this matter, and no progress has been made. Therefore it is considered that formal enforcement action is the most appropriate way forward, and in the event that the owner should submit a planning application for an alternative scheme, such action can be held in abeyance until determination.
15th December 2015 - An email has been received from a nearby resident commenting on the adverse visual impact of the barns particularly on their views across the valley. The neighbour has also raised concerns about the notification procedure for the original planning applications. The neighbour has requested that the Committee ensure that the barns be removed and are not replaced with any alternative structures.
The recommendation refers to Head of Legal Services, but should read Legal Services Manager.
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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 (00-14-55) PDF 765 KB To consider the planning applications contained in the list.
Minutes: The Committee considered the applications in the plans list *.
Note: *List previously circulated; copy attached to the signed Minutes.
(a) No 1 on the Plans List ((15/01327/FULL, Change of use of part of ground floor from existing pub Use Class A4 to create 2 dwellings Use Class C3 – the Ayshford Arms, Burlescombe).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the existing and proposed ground floor plans and elevations and the reconfiguration of some of the windows. She stated that 230sqm of the floor space would remain as the public house with partial demolition of the skittle alley to make room for gardens for the new dwellings and emphasised that the village would not be losing the public house it would just be reduced in size.
Consideration was given to:
· Access to the public house · The proposed ownership of the new dwellings · The viability of the business · Community involvement · Possible loss of a community asset · The internal layout of the public house
RESOLVED that planning permission be granted subject to the provision of a Section 106 agreement to secure financial contributions towards public open space of £2416.00 and conditions as recommended by the Head of Planning and Regeneration.
(Proposed by Cllr P J Heal and seconded by Cllr F W Letch)
(Vote 7 for: 6 against – Chairman’s casting vote)
Notes:
(i) Cllr R J Dolley declared a personal interest as the applicant was known to him;
(ii) Cllr R F Radford made a declaration in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as he had had discussions with the objectors to the application;
(iii) Mr Phillips (Applicant) spoke;
(iv) Mrs Hill spoke in objection to the application;
(v) Cllr Mrs H Bainbridge spoke as Ward Member;
(vi) The following late information was reported: 14th December 2015
Total objections: 6 Total representations: 1
Additions to the objections summary contained in report: · The applicants has not been operating hours that would enable/encourage trade in an acknowledged tourism area, the demise in trade, or difficulty in providing a financially stable business are a result of the applicants actions. · Low key marketing and an unrealistically high asking price · Concern over noise of development, increased traffic as a result and the access safety for Ayshford Close
Confirmation of opening times prior to the pub closing: 7:00pm until 11:00pm seven days a week and from midday until 3:00pm on Saturdays and from midday until 6:00pm on Sunday.Closed all weekday lunchtimes.
Confirmation of permitted hours: 11:00am until midnight Sunday to Thursday and 11:00am until 2:00am on Friday and Saturday.
(b) No 2 on the Plans List (15/01422/FULL, Erection of 4 dwellings with garages and alterations to access (Revised Scheme) – land at NGR 302666 114116 (West of Paullet) Turnpike, Sampford Peverell).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the site location, access, the proposed section plan, the extent ... view the full minutes text for item 91. |
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THE DELEGATED LIST (3-19-00) PDF 184 KB To be noted.
Minutes: The Committee NOTED the decisions contained in the Delegated List *.
Note: *List previously circulated; copy attached to signed Minutes.
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MAJOR APPLICATIONS WITH NO DECISION (3-20.00) PDF 20 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 Minutes.
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APPEAL DECISIONS (3-21-00) PDF 8 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 and Regeneration regarding requests to vary timescales for life time of development. Minutes: The Committee had before it a *report of the Head of Planning and Regeneration requesting it to consider the process for determining applications for existing solar farms (PV arrays) schemes where a request to extend the duration of the consent was applied for. The officer highlighted the fact that only the duration of the lifetime of the development was being considered. No changes to the layout were being proposed and the two applications before the committee today sought only an extension of 5 years.
RESOLVED that all ground mounted solar PV applications seeking an extension of time (including small applications) be brought before the committee for determination.
(Proposed by Cllr S G Flaws and seconded by Cllr R J Dolley)
Notes:
(i) Cllrs Mrs F J Colthorpe and P J Heal requested that their vote against the decision be recorded;
(ii) * Report previously circulated copy attached to signed minutes.
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To receive 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 this application. She stated that the application related to the existing solar development, the scheme had been built out and was now operational. Conditions to the previous application stated that the PV facility should cease to generate electricity on or before 25 December 2037; the application before the committee was not seeking to change any aspect of the development as built out but to seek to extend the lifetime of the development to 28 March 2043.
Discussion took place regarding:
· Material planning considerations · Planning policy · Possible appeals regarding this matter · Whether 30 years of operational life for the scheme was now achievable and realistic · The lack of objection to the proposal
RESOLVED that the application be deferred to allow for a briefing paper to be submitted investigating case histories of such applications at appeal.
(Proposed by Cllr P J Heal and seconded by Cllr R J Dolley)
Note: * Report previously circulated copy attached to minutes. |
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To receive 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 this application. She stated that the previous application for the site had been built out and the current application sought to extend the lifetime of the development until 30 June 2043.
Members considered that similar issues had been considered in the previous item and therefore:
RESOLVED that the application be deferred to allow for a briefing paper to be submitted investigating case histories of such applications at appeal.
(Proposed by Cllr S G Flaws and seconded by Cllr R J Dolley)
Note: * Report previously circulated copy attached to minutes.
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