Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Sally Gabriel Member Services Manager
Link: audio recording
APOLOGIES AND SUBSTITUTE MEMBERS
To receive any apologies for absence and notices of appointment of substitute.
Apologies were received from Cllr P J Heal who was substituted by Cllr Mrs G Doe.
In the absence of the Vice Chairman, the Chairman requested that a Member of the Committee take on the role for this meeting only.
It was AGREED that Cllr B A Moore act as Vice Chairman for the meeting.
PUBLIC QUESTION TIME (00-02-52)
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.
Cllr Grantham - Willand Parish Council referred to Item 10 on the agenda (Junction 27) and highlighting the Town and County Planning Act 1990 (Listed Buildings and Conservation Areas) Act. The report sought to vary conditions 5, 6, 15, 23 etc of 13/009470MOUT and to consider legal advice that would be presented at this meeting. I agree with most of this report, as it just confirms the principles of Section 73 of the Town and Planning Act 1990 which I believe is in the process of being amended but is not yet law and that we must consider the application on the present law. The applicants have asked for a variation of conditions (Listed Buildings and Conservations Areas) which is part of the Act. It states in the Government guidelines (flexible options for planning permissions):
In my opinion MDDC have already put themselves in a precarious position of being accused of pre-determination.
The so called land application at Junction 27 (which we all know is the exact size and proportions that is needed by Eden Westwood for their development) the granting again in 2017 of planning permissions for the garage and services by MDDC whether it is implemented or not, knowing Eden Westwood is promoting this site, giving them priority on both sides. This could be seen by the inspector as giving Eden Westwood a district advantage acquiring all of the land allocation at Junction 27 and no other developer could get direct access to the site from the M5 motorway.
The application for variations should be dismissed, as in its present form, it does not comply with Section 73 of the Town and Country Planning Act of 1990.
Cllr Hugill - Halberton Parish Council referring to Item 9 on the agenda (Uffculme) stated that the Parish Council supported the decision to refuse the application for 30 dwellings on the Uffculme straight. Officers have been asked for reasons for refusal and Halberton Parish Council continue to ask you to refuse the application. Officers continue to talk about the land supply matter and disregard the contents of the Local Plan Review because it has not been tested. I say as a Parish Councillor and a resident that the Local Plan is valid and we expect you to follow it, we therefore ask that you continue to vote against the application.
Paula Mossman referring to Item ... view the full minutes text for item 17.
To receive the minutes of the previous meeting (attached).
The minutes of the meeting held on 17 May were approved as a correct record and SIGNED by the Chairman.
CHAIRMAN'S ANNOUNCEMENTS (00-20-14)
To receive any announcements the Chairman may wish to make.
The Chairman had the following announcements to make:
· She informed the meeting that Thea Billeter (Area Planning Officer) would be leaving the authority; she would be sad to see her go and wished her well for the future.
DEFERRALS FROM THE PLANS LIST (00-23-51)
To report any items appearing in the Plans List which have been deferred.
The Chairman informed the meeting that Item 4 on the Plans List (Highfield Farm, Oakford) has been deferred so that the Local Planning Authority could investigate if there had been any breaches of planning control on the site.
To consider the planning applications contained in the list.
RESOLVED that the following applications be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 7 on the Plans List (17/00593/HOUSE – Erection of first floor extension to single storey dwellings – Woodlawn, Calverleigh) be approved subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by the Chairman)
(i) Cllrs Mrs H Bainbridge, Mrs C A Collis, Mrs F J Colthorpe, Mrs G Doe, R J Dolley, D J Knowles, F W Letch, B A Moore, R F Radford, J D Squire and R L Stanley made declarations in accordance with Protocol of Good Practice for Councillors Dealing in Planning Matters as they all knew the applicant as a fellow Councillor;
(ii) Cllr R J Dolley declared a personal interest as the applicant was a personal friend.
(ii) No 8 on the Plans List (17/00812/CAT – Notification of intention to reduce height of 82 leylandi trees by 2 m within the Conservation Area – Treetops, 28 High Street, Halberton) be approved subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by the Chairman)
(i) Cllr R F Radford declared a disposable pecuniary interest as he was the applicant and left the meeting for the discussion and whilst the vote was taken;
(ii) Cllrs Mrs H Bainbridge, Mrs C A Collis, Mrs F J Colthorpe, Mrs G Doe, R J Dolley, D J Knowles, F W Letch, B A Moore, J D Squire and R L Stanley made declarations in accordance with Protocol of Good Practice for Councillors Dealing in Planning Matters as they all knew the applicant as a fellow Councillor;
(iii) The meeting was informed that Halberton Parish Council had discussed the matter at its meeting the previous evening and had no objections. The tree officer had provided no written comments on the notification but had verbally confirmed that she was content with the proposals and did not wish to impose a Tree Preservation Order.
(b) No 1 on the Plans List (17/00173/MOUT – Outline for the erection of up to 28 dwellings and up to 90 sqm of A1 retail floorspace, including incidental open space and car parking – land at NGR 287483 106365 (White Cross) Cheriton Fitzpaine).
The Area Planning Officer outlined the contents of the report highlighting by way of presentation the site location plan, the illustrative layout, mitigation to manage surface water, the preferred location of the community shop, the proposed block plan of the shop, the proposed access and photographs from various aspects of the site. He also highlighted an amendment to Condition 3.
Answering questions posed in public question time with regard ... view the full minutes text for item 21.
List attached for consideration of major applications and potential site visits.
The Committee had before it, and NOTED, a list * of major applications with no decision.
It was AGREED that the following applications be determined by the Committee
Application 17/00855/MFUL - Bow Garden Centre, Bow
Application 17/00617/MFUL – Hartnoll Business Centre
Note: *List previously circulated; copy attached to the Minutes
To receive for information a list of recent appeal decisions.
The Committee had before it and NOTED a list of appeal decisions * providing information on the outcome of recent planning appeals.
Consideration was given to the appeal at Ingleton Farm, Members were advised that following this decision there would be a need to change the procedure when imposing different conditions to any decision in that discussion would need to take place with the applicant prior to the decision being made.
Note: *List previously circulated; copy attached to signed Minutes.
To receive an implications report from the Head of Planning and Regeneration following discussions at the previous meeting where Members were minded to refuse the application.
The Committee had before it an * implications report of the Head of Planning and Regeneration following discussions at the previous meeting where Members were minded to refuse the application.
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the location of the site and the outcomes of the Harvesters appeal. She identified the proposed access to the site, the pedestrian footway, the indicative layout and photographs from various aspects of the site.
Consideration was given to:
· The issue of the 5 year land supply
· The reasons for refusal within the report
· The implications of refusing the application
RESOLVED that the application be refused on the following grounds:
(i) The application site is outside the current settlement limit boundaries of the village of Uffculme and is in the open countryside. Policy COR18 of the adopted Mid Devon Core Strategy (Local Plan Part 1) seeks to strictly control development outside settlement limits and a development in this location of the scale as proposed would not be permitted under criteria a - f of this adopted policy. Neither is the site proposed to be allocated for housing within the Councils Local Plan Review 2013 -2033. The applicant asserts that the Local Planning Authority cannot demonstrate that it has an adequate five year supply of housing land as required by the National Planning Policy Framework, and therefore Policy COR18 should be afforded limited weight and that the application should be determined against the provisions of Paragraph 14 of the National Planning Policy Framework. When tested against Paragraph 14 of the Framework the Local Planning Authority consider that the adverse impacts of the proposed development would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework as a whole as well as being contrary to Policy COR1 of the Mid Devon Core Strategy (Local Plan Part 1) and Policy DM1 of the Mid Devon Local Plan Part 3 (Development Management Policies).
(ii) The Local Planning Authority consider that the proposed unplanned development individually, and cumulatively together with the proposed development of the adjacent site (policy UF1 in the Local Plan Review) would lead to a detrimental impact upon the rural character of the area as a result of the ribbon form of development running west from the village of Uffculme and the effect of closing the existing green gap between Uffculme and the Langlands Business Park, contrary to policies COR2 of the Mid Devon Core Strategy (Local Plan Part 1) and DM2 of the Local Plan Part 3 (Development Management Policies).
(Proposed by Cllr R L Stanley and seconded by Cllr R J Dolley)
(Vote: 6 for; 5 against)
(i) A proposal to approve the application was not supported;
(ii) Cllrs Mrs F J Colthorpe, F W Letch and J D Squire requested that their vote against the decision be recorded;
(iii) In the case of an appeal, Cllrs R J Dolley, B A Moore and R L Stanley would represent the Local ... view the full minutes text for item 24.
APPLICATION 17/00407/FULL - VARIATION OF CONDITIONS 5, 6, 15, 23, 27, 28, 31, 32, 34 AND 35 TO ALLOW CERTAIN WORKS TO BE UNDERTAKEN BEFORE ADDITIONAL DETAILS ARE SUBMITTED TO THE LOCAL PLANNING AUTHORITY, TO PHASE THE CONSTRUCTION MANAGEMENT PLAN/S AND TO ENABLE WORKS TO BE CARRIED OUT BEFORE THE TREE AND HEDGEROW PROTECTION FENCING IS ERECTED; AND REMOVAL OF CONDITIONS 24 AND 26 (DUPLICATION OF THE REQUIREMENTS OF OTHER CONDITIONS) OF PLANNING PERMISSION 13/00947/MOUT AT LAND AT NGR 305036 113872 (JUNCTION 27) SAMPFORD PEVERELL (3-12-58) PDF 209 KB
To consider a report of the Head of Planning and Regeneration which had been deferred from the previous meeting so that legal advice could be obtained.
The Committee had before a report of the Head of Planning and Regeneration following discussions at the previous meeting where Members resolved to defer the item to obtain legal advice with regard to:
· The legal implications of decision making with regard to this application
· Whether the Committee were at risk of being accused of pre-determination
· The process of changing conditions on a previously approved planning application.
The Area Planning Officer outlined the contents of the report highlighting the location of the site, the previous planning permission and emphasised that this application merely sought to amend the conditions of the approved application. Members viewed photographs from various aspects of the site.
She referred to the questions posed in public question time with regard to non material amendments on a listed building application, this was not a listed building and the application was submitted under S73 of the Act and not S96a (non-material amendment) and therefore the 28 day time limit was not relevant to this proposal. We do have 8 weeks to consider the application and we have negotiated an extension of time.
Consideration was given to:
· The history of applications on the site
· That this was a separate issue from the Local Plan Review
· The amalgamation of conditions
· The contents of the report which referred to the question of pre-determination
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr F W Letch.)
(i) Mr Clements (Agent) spoke;
(ii) Cllr R Evans spoke;
(iii) Cllr Mrs C A Collis requested that her vote against the decision be recorded;
(iv) *Report previously circulated, copy attached to minutes.
To consider a report of the Head of Planning and Regeneration regarding the above application which had been deferred from the previous meeting.
The Committee had before a report of the Head of Planning and Regeneration which had been deferred from the previous meeting as the landowner had not received the appropriate notice that the application was to be determined.
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the location of the trees and providing photographs which highlighted the felling of a significant amount of trees along both edges of Greenslinch Lane
Consideration was given to:
· The implementation of a track improvement scheme
· Whether the area of trees warranted a Tree Preservation Order
· The views of local residents
· Maintaining trees which were the subject of a Tree Preservation Order
RESOLVED that the Tree Preservation Order be confirmed.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs G Doe)
(i) Cllr F W Letch had left the meeting prior to determination of this application;
(ii) Mr Crocker (Agent) spoke;
(iii) Mr Jones spoke in support of the Tree Preservation Order;
(iv) The Chairman again apologised for not allowing Cllr Deed to speak on behalf of the Ward Member, Cllr Mrs Roach, in her absence, this request had been lost in translation by us and that was why Cllr Deed spoke in public question time and not prior to the determination of the application, this was our mistake;
(v) Cllrs Mrs C A Collis and J D Squire requested that their vote against the decision be recorded;
(vi) * Report previously circulated, copy attached to minutes.