Venue: Phoenix Chamber, Phoenix House
Contact: Sally Gabriel Member Services Manager
Link: audio recording
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ELECTION OF CHAIRMAN (Vice Chairman of the Council in the Chair) To elect a Chairman for the municipal year. Minutes: RESOLVED that Cllr Mrs F J Colthorpe be elected Chairman of the Committee for the municipal year 2016/17.
(Proposed by Cllr P J Heal and seconded by Cllr R F Radford) |
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ELECTION OF VICE CHAIRMAN To elect a Vice Chairman for the municipal year. Minutes: RESOLVED that Cllr P J Heal be elected Vice Chairman of the Committee for the municipal year 2016/17.
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore).
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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 J Dolley. |
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PUBLIC QUESTION TIME (00-09-55) 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:
Sarah Coffin from Templeton regarding agenda item 13 application Menchine Farm, building to process digestate fibre into pellets. I note your officer recommends approval with attached conditions. May I refer to conditions and “reasons for conditions” 6 and 7? Condition 6 limits the process facility described in this application to only digestate fibre produced at Menchine AD so as to minimise the number of associated vehicular trips and does not allow for any importing of digestate fibre from any AD site. Condition 7 requires records to be kept of the amount of fibre processed in the building as well as records of the load weight and number of vehicles exporting processed material from same. May I ask Councillors how these two conditions will be effectively monitored and enforced, given the applicants failure in the past to supply accurate detailed records – as was revealed at the appeal hearing on 26 January 2016? May I therefore request that should councillors be so minded as to accept the officers recommendation and approve this application, the following condition 8 is also included:- A fit for purpose electrical monitoring/CCTV/data collection system is fitted as agreed with the LPA that will allow either direct monitoring or independent access by the LPA to all the necessary information required to comply with conditions 6 and 7. This application was applied for after the application to double the AD output from 500kWE to 1MWe, but before the dismissal of the consequential appeal. The pelletiser building is thus bigger than necessary for a 500 kWE plant. Local residents are still concerned that the AD plant will operate at a higher output than permitted, given that there are two CHP units on site. Please therefore include the following condition 9 “the development shall not be commenced until a mechanical interlock system is in place to prevent simultaneous operation of the two CHP units”. The reasons for these additional conditions are as follows: To prevent any furtive increase in electricity production to the grid or to facilitate the process of drying and pelletising the digestate. To prevent any additional costs to the tax payer in pursing/verifying complete and correct data records from the applicant. To assist applicant in ensuring any finished written data submitted is accurate and supplied within parameters required. In the interests of planning openness and clarity as per government criteria for the revised planning and conditions guidelines. This process does not come under any EA controls by way of additional permit or licence as the digestate is already designated as being from agricultural sources. Only the product requires certification. To ensure the minimising of vehicular trips and protect the general amenities of the locality of Nomansland, as stated per reasons 6 and 7 and to enable the effective enforcement of conditions 6 and 7. Should the applicant, given the past history, appeal these conditions it is our opinion that they are robustly defendable. They are both reasonable, enforceable and with today’s technology, possible. Mr Scott representing CPRE and ... view the full minutes text for item 4. |
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MINUTES OF THE PREVIOUS MEETING (00-21-55) PDF 260 KB To receive the minutes of the previous meeting.
Minutes: The Minutes of the meeting held on 20 April 2016 were approved as a correct record and SIGNED by the Chairman.
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CHAIRMAN'S ANNOUNCEMENTS (00-23-00) To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had the following announcements to make:
· She welcomed Cllr Heal as her Vice Chairman · She thanked those Members who had stood down (due to the agreed reduction in numbers for the Planning Committee) for their work over the previous year. · She informed the meeting that a Temporary Senior Enforcement Officer had been recruited and would be starting immediately. |
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MEETING MANAGEMENT Minutes: The Chairman indicated that she intended to take Item 20 (Start Time of Meetings) as the next item of business. |
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START TIMES OF MEETINGS To agree a start times for meetings for the municipal year. Minutes: Discussion took place regarding the start time of meetings for the municipal year.
RESOLVED that the meeting of the Planning Committee continue to be held at 2.15pm.
(Proposed by the Chairman) |
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ENFORCEMENT LIST (00-27-09) PDF 174 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/15/00112/UNLD – building frontage incorporating charity shop allowed to deteriorate causing adverse effect on the visual amenity of the area. The Society for the Protection and Re-Homing of Animals, 24 Gold Street, Tiverton).
The Head of Planning and Regeneration outlined the contents of the report stating that the only reason this report was back before Members was that the Legal Team had identified that, although the map was annotated showing number 24 within the polygon, as originally shown at Committee, the property affected was in fact a very small area immediately adjacent to that and had not been shown in the report with the correct polygon. This report was therefore presented to confirm the resolution to take formal action based on the recent information identifying the location of the property in question on the plan.
RESOLVED that the Legal Services Manager be authorised to take any appropriate legal action, including the service of a notice or notices seeking the improvement of the appearance of the property frontage. In addition, in the event of the failure to comply with any notice served, to authorise prosecution, direct action and/or authority to seek a court injunction.
(Proposed Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)
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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 (00-35-00) PDF 323 KB To consider the planning applications contained in the list.
Minutes: RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 3 on the Plans List (16/00392/FULL – change of use of former day centre to single residential dwelling – Old Bartows, Bartows Causeway, Tiverton) be approved subject to the provision of a Section 106 Agreement/Unilateral Undertaking and conditions as recommended by the Head of Planning and Regeneration. (Proposed by the Chairman)
Notes:
(i) Cllr S G Flaws declared a disclosable pecuniary interest as the property owner and left the meeting whilst the vote was taken; (ii) Cllrs Mrs F J Colthorpe and D J Knowles declared a personal interest as the applicant was known to them.
(ii) No 4 on the Plans List (16/00499/HOUSE – Erection of a two storey side extension and single storey extension to the front – 23 Brewin Road, Tiverton be approved subject to conditions as recommended by the Head of Planning and Regeneration. (Proposed by the Chairman)
Notes:
(i) Cllr R L Stanley and P J Heal declared personal interests in the application as Cabinet Member for Housing and Chairman of the Decent Affordable Homes Policy Development Group respectively.
(b) No 1 on the Plans List (16/00108/OUT – Outline for the erection of dwelling – land at NGR 304865 115568, corner of Brimstone Lane, Westleigh). The Area Planning Officer outlined the contents of the report by way of presentation highlighting the site location plan and photographs from various aspects of the site. She made reference to public question time, defining in planning terms the word isolated: being isolated from facilities, services and day to day needs like shops public transport and facilities. She stated that in her opinion the applicant had not demonstrated that special circumstances existed to justify an isolated new home in the countryside.
Consideration was given to:
· There being no habitual house on 135 acres of land · The fact that the applicant had requested to rebuild the derelict cottage on site but had not received planning permission · The secluded and well screened position of the proposed dwelling · The welfare of the animals which were proposed to be kept on site · Security issues · The need for the dwelling to be tied to the land
RESOLVED that:
(a) planning permission be granted subject to the prior signing of a S106 Agreement tying the property to the land;
(b) delegated authority be given to the Head of Planning and Regeneration to provide a set of conditions for the development;
(c) Any subsequent reserved matters application for the dwelling be brought to the Committee for determination.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs ... view the full minutes text for item 11. |
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THE DELEGATED LIST (1-11-48) PDF 278 KB To be noted.
Minutes: The Committee NOTED the decisions contained in the Delegated List *.
Note: *List previously circulated; copy attached to Minutes.
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MAJOR APPLICATIONS WITH NO DECISION (1-12-00) PDF 17 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 (1-13-00) 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 receive a report of the Head of Planning and Regeneration regarding this application. Additional documents: Minutes: The Committee had before it a * report of the Head of Planning and Regeneration regarding the above application. The Area Planning Officer outlined the contents of the report reminding Members that on 29 July 2015, the Committee had considered the application and had deferred any decision until the outstanding appeal at Menchine farm with regard to the AD Plant capacity had been completed. The appeal had been dismissed and therefore the application for the erection of a new building for processing digestate fibre was before the Committee today for determination.
He highlighted the site location plan, the proposed block plan for the development, which identified the locality of the AD Plant and other units on the site, the proposed elevations and site sections, proposed floor space and photographs from various aspects of the site. He added that the provision of additional conditions 6 and 7 would provide additional control.
Referring to the questions posed in public question time: the landscape impact issues could be controlled by Condition 5. Data had been received from the applicant with regard to weight logs and these had been promised on a regular basis for monitoring. An explanation had also been given on how the proposed building would be divided up. He referred to the suggested conditions put forward by Miss Coffin, with regard to the proposed Condition 8, he felt that there was a need for reasonableness and proportionality and that Conditions 6 and 7 covered this issue. The proposed Condition 9 would affect the AD plant and that was not being considered within this application; but again conditions 6 and 7 would control this issue. The Head of Planning stated that whilst condition 6 would restrict the building to processing digestate from the Menchine Farm AD plant only, the wording of condition 7 could to amended to require records of the amount and source of digestate fibre processed at the building to be kept and made available to the Local Planning Authority.
Consideration was given to:
· The output from the AD Plant · Estimated additional traffic movements on top of the original transport issues · The size of the proposed building in line with the result of the Inspectors decision to limit the capacity of the AD Plant · The justification for a building that size · Visual impact · The reduction in volume from digestate to pellet form and the use of the pellets · The data/record keeping requested had been submitted · Limited noise of processing · Traffic movements · Industrialisation of a rural area, scale and massing on the site · Planting and screening of the site · Whether the applicants were still focussing on an increased output · The possibility of visiting such a scheme in the local area.
RESOLVED that the application be deferred for more information on the need for the size and capacity of the building proposed in relation to the digestate produced from Menchine Farm AD Plant with a maximum of 500 kw output.
(Proposed by Cllr R L Stanley and seconded by Cllr F W ... view the full minutes text for item 15. |
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Report of the Head of Planning and Regeneration regarding this Tree Preservation Order. Minutes: The Committee had before it a * report of the Head of Planning and Regeneration regarding the above application.
Due to the lack of photographic evidence it was agreed that this item be deferred until the next meeting.
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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 Area Planning Officer outlined the contents of the report by way of presentation, highlighting the location of the proposed hotel, the footprint of the hotel, various elevations, the floor plans, the proposed new access to the car park and proposed alterations and internal changes; the cross section showing the height of the proposed development in association with the height of Phoenix House. Models were viewed of different aspects of the proposed development alongside aerial modelling and photo montages showing the extent of the proposal.
Consideration was given to:
· The height of the proposed development and the original consent for the multi storey car park · The reduction in view of Haymen’s Hill from Phoenix Lane · The updated policy framework that needed to be considered · Internal changes to the car park · The business case for the development · The economic benefit of the scheme and the regeneration of the town centre · The contemporary appearance
RESOLVED that planning permission be granted subject to :
(i) conditions as recommended by the Head of Planning and Regeneration with additional conditions:
13. The alterations to the multi storey car park to provide new vehicular and pedestrian access and internal re-arrangements shall be carried out in accordance with the construction phasing detailed on drawing 3718.P23.3. Reason To ensure the safe and continued use of the multi storey car park during the construction of the development hereby permitted.
14. The extent of demolition shall be limited to that shown on the approved drawings and application details. No other demolition shall take place. Reason To safeguard the character and appearance of the surrounding area in accordance with policy DM2 Local Plan Part 3 (Development Management Policies).
All residue materials resulting from the demolition of the application building, and which are not to be recycled on site, shall be removed from the site within one calendar month from the date on which the demolition is completed. Reason To safeguard the character and appearance of the surrounding area in accordance with policy DM2 Local Plan Part 3 (Development Management Policies).
16. Once begun, demolition shall be continued to its completion in accordance with a timescale which shall first have been submitted to and approved in writing by the Local Planning Authority. Reason To safeguard the character and appearance of the surrounding area in accordance with policy DM2 Local Plan Part 3 (Development Management Policies);
(ii) an additional condition regarding the installation of electro charging; and
(iii) that delegated authority be given to the Head of Planning and Regeneration in consultation with the Head of Housing and Property Services to finalise negotiations with regard to a Section 106 agreement regarding a financial contribution towards improvements to the public realm within Tiverton.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)
i) Cllr R L Stanley declared a personal interest as Cabinet Member for Housing and Property ... view the full minutes text for item 17. |
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PLANNING PERFORMANCE AGREEMENTS (2-39-00) PDF 114 KB To receive a report of the Head of Planning and Regeneration advising Members on the proposed use of planning performance agreements for major applications and for associated changes to be made to pre-application advice guidance.
Minutes: The Committee had before it a * report of the Head of Planning and Regeneration advising Members on the proposed use of planning performance agreements for major applications and for associated changes to be made to pre-application advice guidance. She stated that this was a project management tool which the local planning authorities and applicants could use to agree timescales, actions and resources for handling particular applications.
Consideration was given to any impact on Planning Committee decisions
RESOLVED that:
a) the intention to enter into planning performance agreements for major applications be NOTED.
b) pre-application advice guidance be amended to refer to this and that delegated authority be granted to the Head of Planning and Regeneration to make these changes.
(Proposed by the Chairman)
Note: *Report previously circulated copy attached to minutes.
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Report of the Head of Planning and Regeneration providing information where the Planning Committee has made decisions not in agreement with officer recommendation. Additional documents: Minutes: The Committee had before it and NOTED a report * of the Head of Planning and Regeneration providing information where the Planning Committee had made decisions not in agreement with officer recommendation.
Note: *Report previously circulated copy attached to minutes. |
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APPEAL DECISIONS 2015/2016 (2-47-06) PDF 138 KB Report of the Head of Planning and Regeneration providing information on the outcome of planning appeals for the financial year 2015/16. Additional documents: Minutes: The Committee had before it and NOTED a report * of the Head of Planning and Regeneration providing information on the outcome of planning appeals for the financial year 2015/16.
She outlined the contents of the report stating that 34 appeals were determined within that period: none had been withdrawn; 10 (29%) had been allowed and 24 (71%) had been dismissed.
Consideration was given to costs against the authority. It was requested that Members be circulated with this specific information.
Note: *Report previously circulated copy attached to minutes.
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PLANNING PERFORMANCE 2015/16 (2-51-05) PDF 259 KB To receive a report of the Head of Planning and Regeneration providing the committee with information on the performance of the Planning Services for Quarter 4 and the 2015/16 financial year. Minutes:
The Committee had before it and NOTED a report * of the Head of Planning and Regeneration providing information on the performance of the Planning Services for quarter 4 and the full 2015/16 financial year.
She outlined the contents of the report stating that performance against national and local indicators were above target, especially Government targets; she highlighted an important note on major application statistic reporting: that 53% statistic for major applications determined within 13 weeks reported included all major applications and did not take into account any extensions of time agreed with the applicant or planning performance agreements (PPAs) that had been entered into. Government instructions to Councils over this performance target removed reporting applications with extensions of time or PPAs from this target as they were reported separately. Once these had been removed 87% of major applications were determined within 13 weeks compared with the target 60%. This performance target had therefore been met.
She highlighted the enforcement data and updated the meeting on missing statistics for quarter 4 that of 83 for new enforcement cases registered giving a total of 222 for the year and 62 for enforcement cases closed giving a total of 201 for the year.
She also highlighted comparison data with other local authorities.
Note: *Report previously circulated copy attached to minutes.
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