Venue: Phoenix Chamber, Phoenix House, Tiverton
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 D J Knowles who was substituted by Cllr Mrs J Roach.
Apologies were also received from Cllr B A Moore who was substituted by Cllr Mrs G Doe. |
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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: Referring to item 11 on the agenda, 19 Exeter Road, Silverton, Mr Peter Davies said that this was the fourth set of drawings we’ve had to object to and each time it has been because the objections we have made have not been addressed significantly. The list of objectors to the previous plan was considerable and included the Parish Council, the Ward Councillor, 14 neighbours, the Conservation Officer and this Committee. Once again the Parish Council have come out strongly against. The implications report concluded that there are reasons for refusal and nothing in the revised plan changes this. The Committee rejected the previous plan because of over development and this remains unaltered. Members complaining of shoe horning two buildings onto the site and cramping them in will still be disappointed. The committee rejected the previous plan because of the street scene. The two two-storey buildings will still have an over powering visual affect and look completely out of context in this row of bungalows. Positioning them back one metre will have little significance. The Committee also rejected the previous plan because of the impact on the conservation area. The hedge bank at number 19 continues along Exeter Road to the country lanes leaving the village. This was previously 1.7m high. Mid Devon District Council’s Silverton conservation area appraisal plan reports that the character of Exeter Road is enhanced by its hedges and that removal would impact greatly on the street scene. This bank is to be replaced by a narrow wall as seen in the drawing 1p16. As this wall will only be up to 900mm high there will be a large open frontage creating a suburban feel and certainly not improving or enhancing the conservation area. Furthermore with a large tarmacked front garden and wide visibility lines there will be little room for any planting. At the last committee meeting a Member wished to be reminded of the pre appraisal plans. The first planning officer from this council decided that the site was only suitable for one dwelling with amenity space to the front and back. I would also add that one could then keep the same gated entrance and all the bank and hedge. Members have also remarked that one dwelling would sit better on the site. May I ask the current officer if such a proposal would not better satisfy every one of the Committees objections? As these revised drawings fail to implement these objections I can only urge the Committee to uphold its previous decision and reject this application on the same basis of over development and detrimental impact on the street scene in a conservation area.
Mr John Joliffee, Executive Head Teacher of the Exeter Federation which includes Newton St Cyres Primary School, referring to item 12, said that as there are several members of the Planning Committee that were absent from the briefing meeting that was held last week he would like to ask if they were aware of the very tight ... view the full minutes text for item 79. |
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MINUTES OF THE PREVIOUS MEETING PDF 481 KB To receive the minutes of the previous meeting (attached).
Minutes: The minutes of the meeting held on 7 September 2016 were approved as a correct record and signed by the Chairman. |
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CHAIRMAN'S ANNOUNCEMENTS To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had the following announcements to make:
a) Sara Jenkins was introduced to the Committee as the new Planning Enforcement Officer;
b) She reminded the Committee that there would be an informal pre-application presentation in relation to Wells Park, Crediton on Monday 17 October at 2.00pm.
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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 (00:22:15) PDF 628 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) Applications dealt with without debate.
In accordance with its agreed procedure the Committee identified those applications contained in the Plans List which could be dealt with without debate.
No 5 on the Plans List (16/01184/LBC – Listed Building Consent for internal and external alterations including relocation of the kitchen at 10 Briton Street, Bampton, Tiverton) – Listed Building Consent be granted subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by the Chairman)
b) No 1 on the Plans List (16/00750/FULL –Variation of condition (2) of appeal decision APP/Y1138/A/14/2211282 relating to planning application 13/01170/FULL to allow the substitution of previously approved plans at Land at NGR 284927 114041 (Edgeworthy Farm), Nomansland, Devon.)
The Area Planning Officer outlined the contents of the report and explained that the application sought to change the layout and appearance of the plant and equipment that together formed the anaerobic digester. This had become necessary as the company that were supplying the plant/equipment approved on appeal were no longer in business.
The Committee were shown how the site was set out at the moment as well as the proposed new layout. This was within the same red line as the original planning application and was well grouped with the existing buildings. Aerial photographs were shown of the buildings in question as were drawings illustrating various elevations. It was explained that the previous digester tanks were rectangular whereas the new proposed tanks were cylindrical. A gas flare had been installed to burn off excess gas. It was stated that all the equipment would be lower than the existing farm buildings thereby reducing the visual impact specifically addressing a comment which had been made by the Inspector.
She referred the Committee to a number of updates within the update sheet relating to Highway Authority comments and amendments to condition numbers 5,7 and 12.
She offered answers to questions posed within Public Question Time. There was not currently a proposed condition regarding the linking of the drainage system. Regarding the pipeline question the officer confirmed that should the application be approved it would be a re-approval of a previously agreed plan, this was merely a changed layout, everything else remained the same. There had also been a question about the electricity cable between Menchine Farm and Edgeworthy Farm, installed to provide a grid connection, she stated that this would be more difficult to achieve direct from Edgeworthy Farm.
Consideration was given to:
· Withdrawal of a previous objection from the Highway Authority regarding confirmation that there would be no change in feed stock volume; · Traffic to Menchine Farm already being heavy; · Feedstock being sourced within 6 kilometres of Edgeworthy Farm; · The need for records to be kept on a quarterly basis showing the number of vehicles entering and leaving the site as well as their size, type and load weight; ... view the full minutes text for item 83. |
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THE DELEGATED LIST (02:42:43) PDF 248 KB To be noted.
Minutes: The Committee NOTED the decisions contained in the Delegated List *.
Note: * List previously circulated; copy attached to the Minutes. |
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MAJOR APPLICATIONS WITH NO DECISION (02:43:14) PDF 19 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 signed minutes. |
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APPEAL DECISIONS (02:45:00) PDF 14 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 the signed minutes. |
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To receive a report of the Head of Planning and Regeneration regarding the above application which had been deferred from a previous meeting to allow for further discussion to take place between the applicant, the Town Council and Ward members with regard to design, access issues onto Jockey Hill and traffic generation. 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 explaining that the application had previously been 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. Following a site visit and further consideration by the Town Council they were now recommending approval for the application.
The Committee were provided with information with regard to highway and access arrangements as well as the planned new landscaping, refuse arrangements and how the development would affect pedestrian movements. The Committee were also shown illustrations of how the proposed dwellings would affect the street scene and how they would visually sit within the environmental context.
Consideration was given to:
· The innovative design of the proposed dwellings which was seen as refreshing; · The value of having a site visit to see proposed dwellings in context.
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by Cllr F W Letch and seconded by Cllr P J Heal)
Notes:
(i) Cllr F W Letch declared a personal interest in that he was a Town Councillor and also Mayor of Crediton;
(ii) Cllr F W Letch made a declaration in accordance with the Protocol of Good Practice for Councillors in dealing with planning matters as he had received correspondence regarding the application;
(iii) Cllr F W Letch spoke as Ward Member.
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To receive an implications report of the Head of Planning and Regeneration as at a previous meeting Members were minded to refuse 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 by way of presentation, highlighting the fact that Members at Planning Committee on 6 July 2016 were minded to refuse planning consent contrary to Officer’s recommendation. The application was therefore deferred for a further report setting out the implications of the proposed reasons for refusal. The reasons for refusal related to:
Following the presentation of the implications report and revised drawings, that had been submitted by the applicant in response to Members comments at Planning Committee on 6 July, Members requested that the application be deferred (Planning Committee, 7 September 2016). Committee procedures determine that when an application is deferred for an implications report, that members of the public do not have an opportunity to speak, other than at public question time. Since revised drawings were also presented at the Committee meeting on the 7 September, Councillors were concerned that the public did not have an opportunity to comment at that meeting. The application was therefore deferred to provide an opportunity for members of the public to speak.
In response to questions posed during Public Question Time the Area Planning Officer stated that Mid Devon did not have a specific density or plot size. However, Policy DM22 stated that any proposal should take into consideration the characteristics of the site including its wider context, efficient and effective use of a site and integration with surrounding buildings so that it does not have an adverse impact on privacy. Reference was made to paragraphs 11 & 12 of the NPPF which stated that proposed development that accords with an up-to-date Local Plan should be approved unless material considerations indicated otherwise. The starting point for this application is a ‘presumption in favour of sustainable development’.
Consideration was given to:
· Previous comments with regard to over development, the impact on the conservation area and parking; · The density of two dwellings on the size of plot proposed; · The revisions to the design following a previous Planning Officers advice; · The risk of setting a precedent in the future for similar proposed development; · The effect on the street scene.
RESOLVED that planning permission be refused for reasons 1 and 2 as set out in the report.
1. The proposal is contrary to Section 7 of the NPPF, policy COR2 of the Adopted Core Strategy and policies DM2 (a, c, ei, eii and eiv) and DM149a) of the Local Plan part 3 because by virtue of its siting, scale, massing and detailed design the proposal represents over development of the site having a detrimental impact upon the character of the street scene.
2. The proposal is contrary to Policy DM27(b) of the Local Plan Part 3 because by ... view the full minutes text for item 88. |
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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 by way of presentation, highlighting the fact that the Planning Committee had considered matters in relation to the off- site highway works required as part of the proposed school and housing development at Newton St Cyres at its meeting on the 7 September.
Members had considered two recommendations. Whilst they resolved to approve Recommendation 1, the 2nd recommendation which was in regard to the scope of works to be delivered at the junction of Station Road and the A377, as required by condition 10 of the outline planning permission and as shown on the drawing at appendix B, was not approved. The resolution which was passed was as follows:
Resolution: The managed one way scheme at the junction of the A377 and Station Road which is now proposed to satisfy condition 10 not be agreed and be refused on the following grounds that in the opinion of the Local Planning Authority the proposed managed one way system would be likely to lead to unacceptable inconvenience and highway danger to road users arising from the concentration of traffic flows at peak times resulting in unacceptable queuing and reversing movements contrary to policies COR9 Core Strategy (Mid Devon Local Plan Part 1) and DM2, Development Management Policies (Local Plan Part 3).
Following this, Members of the Committee had an informal briefing on 26th September, with updates from the land promoters team as to how they had sought to progress matters since the meeting on the 7th September. This included:
· The scope of the ongoing discussions to acquire the 3rd party land in order to deliver a two way arrangement in full. · The programme to deliver the new school in Newton-St-Cyres and how it was currently affected by the ongoing discussions regards the junction works. · The scope of the improvements to the junction that had been built into the revision D design, and the implications that were considered likely focusing on the members reasoning given at the last meeting as set out above.
Consideration was given to:
· The additional land which had now been acquired by the developer and had been conveyed to the Highway Authority; · Both phases of the improvement works could now be delivered; · Contracts had been exchanged with the landowner that morning; · There would be a 7m section of road that would require a priority system; · The amount of traffic using the road at weekends to attend sporting events in the recreation field was often more than during the school day; · Traffic movements would be closely monitored.
Following the Officer presentation and the ongoing discussions that followed the Committee agreed that the approach to managing the delivery of the junction works on a phased basis as set out in the committee report pack was an acceptable approach.
It was explained by the Area Planning Officer that the recommendation ... view the full minutes text for item 89. |
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PERFORMANCE (03:46:05) PDF 235 KB To consider a report of the Head of Planning and Regeneration providing information on the performance of Planning Services for Quarter 1 of the 2016/17 financial year. Minutes: The Committee had before it, and NOTED, a report * of the Head of Planning and Regeneration providing information on the Planning Service for quarter one of the 2016/17 financial year.
She outlined the contents of the report stating that the service had exceeded the majority of the performance requirements. However, there had been a slight slip in the ‘Other applications to be determined in 8 weeks’ indicator and this also included ‘listed building consents’ which had achieved 78% rather than the target of 80%. Generally, however, this aspect was showing an improvement compared to this time last year.
She informed the Committee that in the Autumn Statement of 2015 and in the ‘Technical consultation on implementation of planning changes’ issued by the Department for Communities and Local Government in February 2016 it was indicated that it was the intention of the Government to tighten planning performance measures and add to them.
The report also set out the activity in the area of Planning Enforcement. This area was due to be considered by the Scrutiny Committee on Monday 10 October 2016.
There had been a period of flux in terms of staffing creating some challenges. She was looking at filling the gaps and undertaking a restructure within her department in order to address the issue. She would be involving the staff in that assessment.
Note: * Report previously circulated; copy attached to the minutes. |
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