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 Mrs F J Colthorpe (the Vice Chairman, Cllr P J Heal in the Chair) and Cllr J D Squire. |
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VICE CHAIRMAN Minutes: In the absence of the Chairman, the Vice Chairman took the Chair and requested that a Member of Committee act as the Vice Chairman for the meeting.
It was AGREED that Cllr Mrs H Bainbridge take the role of Vice Chairman for the meeting. |
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PUBLIC QUESTION TIME (00-04-20) 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 Cook referring to Item 11 (Chettiscombe Estate) on the agenda asked the following questions:
1. In April 2015 this Committee resolved that planning permission be granted for Chettiscombe Trust’s outline application subject to their signing the Conditions set out in the Officer’s report presented to you on that day. They were not draft Conditions as suggested to you in the Officer’s report before you today and so, should not be negotiable. Very sound reasons for the Conditions were provided by the Officer in the same Report. These Conditions and the reasons for them are as valid today as they were then and should not be changed. Does the Officer now believe that these reasons, including the interests of all users of the adjoining highway involving a traffic calmed Blundell’s Road, are invalid? 2. The MDDC’s Masterplan and subsequently during Planning Committee meetings, residents have been assured by MDDC Planners supported by DCC Highways and confirmed by this Committee that no Chettiscombe Trust development will be commenced before the delivery of a functioning new LILO junction with the A361 through to Blundell’s Road. Common sense dictates that construction traffic serving building sites allocated for a total of 600 properties including the 330 properties already allowed to Waddeton Park, should not be allowed to use a ‘calmed’ Blundell’s Road. The Conditions that this Committee already approved are in accord both with the requirement of the MDDC’s Masterplan, the National Planning Policy Framework and importantly, will help to protect public safety during the largest urban development programme this town has ever seen. The Conditions as originally presented provide as clear and solid a case as there could be for this Committee to decide against this application so, will this Committee please stand by its Resolution in April last year and re-affirm the absolute necessity of Conditions 10 and 11 in the Officer’s original report?
3. Because of the poor siting of the LILO, DCC Highways have only recently discovered from their more detailed design work, that an additional £1 million and more is required for its proper construction. Is this the real reason that Planners now want to backslide on Conditions that are essential to the safety of the public?
Mr Salter (on behalf of Tiverton Civic Society) again referring to Item 11 on the agenda (Chettiscombe Estate) had provided the following questions and requested that the Chairman read them on his behalf:
Councils are well aware that, unless they can demonstrate a five- year housing supply, owners of land outside allocated boundaries are likely to submit opportunistic planning applications. Developers, or, as in this case, landowners, who have already submitted applications, and are backed by expert legal teams, are increasingly using this situation to their advantage to wrest concessions from overstretched and under-resourced Local Councils. These required concessions include the removal or modification of conditions, as well as the threat not to sign S106 agreements unless these changes are made.
(‘We're entering the perfect storm – the South ... view the full minutes text for item 53. |
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MINUTES OF THE PREVIOUS MEETING (00-30-24) PDF 458 KB To receive the minutes of the previous meeting (attached).
Minutes: The minutes of the meeting held on 6 July 2016 were approved as a correct record and signed by the Chairman. |
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CHAIRMAN'S ANNOUNCEMENTS (00-31-01) To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had the following announcements to make:
(i) Dean Titchener (Principal Forward Planning Officer) would be leaving the authority and he wished him well for the future.
(ii) Item 12 on the agenda had been deferred to allow for further discussion to take place with the Highway Authority. |
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ENFORCEMENT LIST (00-32-15) PDF 184 KB To consider the items contained in the Enforcement List.
Additional documents: Minutes: Consideration was given to the cases 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/14/00128/LIS – Without Listed Building Consent the execution of works for the alteration (“the Works” to the listed building namely the removal of timber windows and doors in the façade and inserting uPVC windows and door – the thatched terrace of dwellings, listed Grade II, 18, 19 and 22 Exeter Road, Crediton).
The Enforcement Officer outlined the contents of the report highlighting the alleged breach and the site descriptions of the listed properties, it was his opinion that the authorised works adversely affected the character of the listed buildings and should be reversed; he explained the works required to comply with the listings. An extended compliance period was proposed to allow the properties owners time to be able to fund the works proposed.
Consideration was given to whether the proposed windows would soundproof the noise from Exeter Road.
RESOLVED that the Legal Services Manager be authorised to take any appropriate legal action including the service of a Notice or Notices to reflect the recommendation as set out in the report and summarised. In addition, in the event of a failure to comply with any Notice served, authorisation for prosecution, direct action and/or authority to seek a court injunction.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr B A Moore)
Note: Within the requirements for compliance all new timber windows to be amended to state “to be glazed with profile double glazing”.
b) No. 2 in the Enforcement List (Enforcement Case ENF/16/00098/UCU – Without planning permission, the erection of a residential/domestic use building – Barn Orchard, Higher Furzeland, Copplestone).
The Enforcement Officer outlined the contents of the report by way of presentation highlighting the partial demolition and rebuild that had taken place without consent. Members viewed original and recent photographs and noted that 5 bays were now in place instead of the original 3. A 2 bedroom flat had been created and it was felt that these changes had affected the heritage asset.
Discussion took place with regard to the circumstances that had led to the conversion and the landowners plans for the future. Consideration was also given to the bats on site.
RESOLVED that consideration of any enforcement action be deferred for 3 months to allow the landowner time to submit a planning application.
(Proposed by Cllr R L Stanley and seconded by Cllr R J Dolley)
(c) No. 3 in the Enforcement List (Enforcement Case ENF/16/00154/BRE - alleged breach of Condition 5 Planning Permission 00/01665/FULL; The building hereby approved shall only be used for agricultural purposes reasonably necessary on the holding to which it relates. On its becoming redundant for such purposes, it shall be demolished and all resultant materials removed from the site within 3 months of redundancy – Sky End, Templeton – formally land and buildings at NGR 288977 115989 (Mayfield House).
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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 (1-14-22) PDF 678 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 (16/00549/FULL – Erection of an agricultural livestock building – land and buildings at NGR 277081 96434 (Shortacombe Farm) Yeoford) be approved subject to conditions as recommended by the Head of Planning and Regeneration. (Proposed by the Chairman)
Note: Cllrs Mrs H Bainbridge, Mrs C Collis, R J Dolley, P J Heal, D J Knowles, F W Letch, B A Moore, R F Radford and R L Stanley declared personal interests as the applicant was known to them.
(ii) No 6 on the Plans List (16/00920/FULL – Installation of 10 replacement timber windows and 4 replacement timber doors with uPVC – Morebath Cricket Club, Morebath) be approved subject to conditions as recommended by the Head of Planning and Regeneration. (Proposed by the Chairman)
Note: Cllr R J Dolley declared a personal interest as the Chairman of the cricket club was known to him.
(b) No 1 on the Plans List (16/00458/FULL – Erection of 3 dwellings and associated infrastructure following removal of bursary building – Action for Children, Crediton Area Children’s Home, Newcombes, Crediton).
The Area Planning Officer outlined the contents of the report by way of presentation, highlighting the site layout, the proposed elevations, proposed floor plans, sections across the site, the fenestration pattern and contemporary design which was compared with other dwellings in the area and photographs from various aspects of the site.
Consideration was given to design and access issues and the concerns of the Town Council.
RESOLVED that the application be deferred to allow further discussion to take place between the applicant, the Town Council and Ward Members with regard to design and access issues onto Jockey Hill and traffic generation.
(Proposed by Cllr F W Letch and seconded by Cllr B A Moore)
Notes:
(i) Cllr F W Letch declared a personal interest as the Chairman of Crediton Town Council;
(ii) Mr Field (Agent) spoke;
(iii) Cllr F W Letch spoke as Ward Member;
(iv) The following late information was reported - Pages 54 -55 - various edits to the conditions as follows.
4. add the following sentence to the condition as drafted in the report: Thereafter the development shall only be completed in accordance with the approved details, and thereafter retained.
7. add the following sentence to the condition as drafted in the report: The approved details shall be retained as such thereafter.
8. replace the condition as drafted in the report with the following drafting: Prior to the commencement of any work relating to the construction of the ... view the full minutes text for item 58. |
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THE DELEGATED LIST (3-32-00) PDF 233 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 (3-33-00) 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 (3-33-18) PDF 16 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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Report of the Head of Planning and Regeneration regarding proposed amendments to the draft S106 and planning conditions approved at a previous meeting.
Minutes:
The Committee had before it a * report of the Head of Planning and Regeneration regarding the above application.
She outlined the contents of the report reminding Members of the previous resolution to grant permission with a S106 agreement dated April 2015 which included funding towards the new junction on the A361. Following changes in circumstances, it was proposed to amend some of the conditions within that decision. She highlighted the area of land allocated for the Eastern Urban Extension, the trigger points for construction and the site boundary, the road junction on the A361 and the phasing of construction that had been agreed. She stated that the Highway Authority now proposed to construct the junction in one go with a ‘T’ junction onto Blundells Road. This was proposed to be changed to a roundabout as part of the Chettiscombe Trust application. No construction had taken place at Waddeton Park although permission for 330 dwellings had been permitted and that no reserved matters applications had been received. It was therefore felt that as the delivery of houses had been delayed, there would be less traffic generated in advance of the delivery of the junction than initially expected. Financial contributions from development were needed to fund the A361 junction, yet at present the development was prevented from coming forward in advance of the junction, making such payments difficult to achieve from a developer cashflow perspective. By amending conditions it was hoped that this impasse could be avoided and that the project could move forward.
Addressing questions posed in Public Question Time: with regard to a further spur at the Gornhay Junction, the land was unavailable and such a junction undeliverable. Employment floorspace in Area A, the Masterplan showed employment and residential development in this area, no details on the type of employment space has been submitted to date, which would affect traffic generation figures. It was therefore not possible to be more specific at this time and the proposed condition change expresses this as an equivalent floorspace in traffic generation terms.
Negotiations had taken place with the Housing Service who had no objection to the amendment to the tenure of the affordable housing. With regard to the different types of junction and the impact on local residents, yes of course the residents counted and accordingly the rate of delivery of housing associated traffic generation had been considered carefully. There was also a need to look at the pace of delivery of the development and to secure junction contributions
With regard to the financial implications of developing the junction, the finance was proposed to come from different sources, there would be a contribution from the developers of Area B and the contribution from Chettiscombe Trust would be phased, Devon County Council may choose to borrow against phased receipts. Officers felt that the amendments to the permissions would help to deliver the development. The remainder of the masterplan was still a material consideration but that there was a need to adapt the plan. ... view the full minutes text for item 62. |
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To consider a report of the Head of Planning and Regeneration regarding this application. Additional documents: Minutes: This item had been deferred as explained earlier in the meeting. |