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 R F Radford who was substituted by Cllr C J Eginton.
Cllr R L Stanley sent his apologies for the meeting. |
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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: Mr Barry Warren, Chairman of Willand Parish Council, asked a series of questions in relation to item 7 on the agenda – outline for the erection of 30 dwellings on the Uffculme Straight.
More than two years ago when it was apparent that the submission of the Local plan Review 2013 – 2033 was to be delayed Willand Parish Council questioned the potential effects of such a delay and particular emphasis was placed on the 5 year land supply. Councillor Chesterton assured us that officers were confident that there was a sufficient land supply and in any case there were some contingency sites available to increase the supply if needed. How did that information get to be so wrong?
An Inspector found that there was not a deliverable 5 year land supply in Mid Devon when considering an appeal for one site next to the current applied for site. Could the Inspector have taken a different view if the original application were for the full 90 houses – it is the same field and he did condition the development to a maximum of 60 houses? We now have a number of applications in the immediate area where developers are relying on this finding and officers appear to be recommending to committee that they should approve the application in most cases because a five year land supply cannot be delivered. Could this deficit be caused by developers not building sufficiently quickly on the sites they have already – thus causing a shortfall? Could it be that houses are being built slowly to maintain demand and keep prices inflated?
The Copplestone appeal finding showed that applications can be defended on appeal and each set of circumstances are different.
Under current policy COR18 this site is in the open countryside. Under the emerging plan policy S14 it is still open countryside and subject to limitations on development. The emerging plan has been registered; an Inspector has been appointed and has set dates for preliminary hearings. NPFF allows a loophole in paragraph 14 if it is found that a development plan is absent, silent or relevant policies are out of date. MDDC have a continuation of policy between the two plans. It does offer some protection if adverse impacts of doing so would significantly and demonstrably outweigh the benefits. What are the benefits of approving this application – more houses, new homes bonus – some affordable homes – profit for the landowner and developer?
Is it not reasonable to look at the adverse cumulative impact on the wider area rather than restrict them to the site alone? Is this not a matter for our elected Members to decide using their local knowledge and common sense?
Mr David Morgans speaking in relation to item 10 on the agenda, Stubnail Post, Oakford, stated that he lived in the parish of Knowstone and was a near neighbour to the application site. When this was first considered he was a Parish Councillor for Knowstone Parish and although he ... view the full minutes text for item 48. |
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MINUTES OF THE PREVIOUS MEETING (00-18-45) PDF 329 KB To receive the minutes of the previous meeting (attached).
Minutes: The minutes of the meeting held on 9 August 2017 were approved as a correct record and signed by the Chairman.
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CHAIRMAN'S ANNOUNCEMENTS (00-19-35) To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had the following announcements to make:
· She welcomed the return of the Head of Planning, Economy and Regeneration following her back surgery. · She introduced new members of staff, Adrian Deveraux, Principal Planning Officer and Luke Thorpe, Planning Student to the meeting. |
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ENFORCEMENT LIST (00-20-53) PDF 180 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/17/00180/COU – Change of use of part of a building to a single dwellinghouse in breach of condition 7 to planning permission 07/00257/FULL – Annexe, Pitt Barn, Washfield).
The Enforcement Officer outlined the contents of the report explaining that planning permission had been approved for 3 live/work units on the site, since 2013 these units had been used as 6 independent dwellings, the agent had been requested to regularise the issue but no application had been submitted and therefore the breach of planning control still existed. Owing to the amount of time since the breach was confirmed in 2013 without any formal action being taken to secure the cessation of the unlawful use of the work units as dwellings, one of the dwellings had now been occupied as an independent dwelling for more than 4 years and was therefore immune from any formal enforcement action, however the other dwellings were not and therefore agreement for formal enforcement was being sought.
Consideration was given to those dwellings still in breach of the planning application and the compliance period.
RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and action necessary to secure the cessation of the unauthorised change of use, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr B A Moore )
b) No. 2 in the Enforcement List (Enforcement Case ENF/17/00181/COU – Change of use of part of a building to a single dwellinghouse in breach of condition 7 to planning permission 07/00257/FULL – Annexe, Pitt Barn, Washfield).
The Enforcement Officer outlined the contents of the report explaining that planning permission had been approved for 3 live/work units on the site, since 2013 these units had been used as 6 independent dwellings, the agent had been requested to regularise the issue but no application had been submitted and therefore the breach of planning control still existed. Owing to the amount of time since the breach was confirmed in 2013 without any formal action being taken to secure the cessation of the unlawful use of the work units as dwellings, one of the dwellings had now been occupied as an independent dwelling for more than 4 years and was therefore immune from any formal enforcement action, however the other dwellings were not and therefore agreement for formal enforcement was being sought.
Consideration was given to those dwellings still in breach of the planning application and the compliance period.
RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and action necessary to secure the cessation of the unauthorised change of use, including the issue of an enforcement notice and prosecution and/or Direct Action in the ... view the full minutes text for item 51. |
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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 (00-33-48) PDF 757 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 5 on the Plans List (17/01251/FULL – Installation of new shop front – 10 Market Walk, Bampton Street, Tiverton) be approved subject to the receipt of no representations raising new issues by 12 September 2017, the Head of Planning, Economy and Regeneration be given delegated authority to grant permission subject to conditions
(Proposed by the Chairman)
(b) No 1 on the Plans List (17/00001/MOUT – Outline application for the erection of 7 dwellings, improvements to access and change of use of agricultural land to community facility - land and buildings at NGR 294119 106891 (Adjacent to Highfield) Bickleigh)
The Head of Planning, Economy and Regeneration outlined the contents of the report highlighting by way of presentation the issues being addressed within the outline application, that of improvements to the access and the change of use of agricultural land to a community facility. Members viewed a site location plan which identified the area of the conservation area and the listed buildings close to the proximity of the site, the distance from the school, an indicative layout of the proposed dwellings, plans for scale purposes and photographs from various aspects of the site.
Having identified the area for the play area she explained that she had spoken with the school and the County Council Education Department to see if there was an appetite for the school to make use of the open space as a sports field by agreement. She reported views received that the area would be surplus to requirements and that the area would be of no benefit to the school.
Consideration was given to:
· The grade of the agricultural land · The setting in the midst of the Conservation Area and the impact on the listed buildings including Bickleigh Castle · Possible screening of the site · The impact on the hedgerow and the narrowness of the access road · Safety issues with regard to pedestrians walking to the school
RESOLVED that planning permission be refused as recommended by the Head of Planning, Economy and Regeneration for the following reasons:
1. The Local Planning Authority has a statutory duty under the Planning (Listed Buildings and Conservation Areas) Act 1990 to pay special attention to the desirability of preserving or enhancing the character of a Conservation Area. Section 66 of the Act indicates that the Local Planning Authority is to have special regard to the desirability of preserving a listed building or its setting. In addition, local and national policy attaches great weight to the conservation of heritage assets and there is a strong presumption against granting permission for ... view the full minutes text for item 53. |
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MAJOR APPLICATIONS WITH NO DECISION (2-47-23) PDF 23 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.
It was AGREED that:
Application 17/01346/MOUT - North of Tiverton Road, Cullompton Application 17/01178/MFUL – West of Willand Road, Cullompton Application 17/01179/MFUL – Land off Silver Street, Cullompton
be brought before committee for determination and that site visits take place.
Note: *List previously circulated; copy attached to the Minutes
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APPEAL DECISIONS (2-50-54) PDF 12 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.
Cllr Mrs J Roach spoke with regard to the appeal outcome for 19 Exeter Road, Silverton, she outlined the history of the site, the various times it had appeared before Committee and the site visit that had taken place. The Committee had refused the application against officer recommendation and that she was very pleased with the outcome and wished it to be noted.
Note: *List previously circulated; copy attached to signed Minutes.
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To consider a report of the Head of Planning and Economic Regeneration regarding this application.
Minutes: The Committee had before it a * report of the Head of Planning and Regeneration regarding the above application.
The Head of Planning, Economy and Regeneration outlined the contents of the report by way of presentation highlighting the layout of the site, the existing accommodation, the barn and amenity block and providing photographs of the access to the site. She explained the temporary consent that had been granted at appeal in 2010 and a further 5 year extension approved in 2014 and the conditions for a personal permission as outlined within the report.
She added that although there were provisions within the masterplan for the urban extensions of Tiverton and Cullompton for a gypsy and travellers site, no such site was in place at the current time . She also explained the circumstances of the family which had been taken into consideration.
Referring to questions posed in public question time, with regard to gypsy/ traveller pitches being allowed anywhere in the district, the answer was no, the temporary approval had been granted at appeal, the Inspector concluded that the lack of alternative sites and circumstances of the family outweighed the sustainability concerns over the site. The committee had not visited the site, but may choose to. With regard to the expansion of the site, she would raise this with the enforcement officer.
Consideration was given to:
· The number of caravans on the site · Any enforcement issues which would be addressed · The lack of sites in the area · The amount of time left on the temporary permission · Whether specific sites would be available by the time the temporary permission period ended · The family were integrated into village life · The wording of the conditions with regard to the personal occupation of the site and the clearing of the site once dependents were no longer dependent
RESOLVED that planning permission be granted, and that the Head of Planning, Economy and Regeneration be given delegated authority to draft conditions to include:
· A personal permission · The limitation on the number of caravans and the location of such · The limitation on commercial vehicles · The restoration of the site if it was no longer being used for this purpose.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)
Notes:
(i) Cllr B A Moore declared a personal interest as some of the objectors were known to him;
(ii) Mr Holton spoke in objection to the application;
(iii) Dr Murdock spoke on behalf of the applicant;
(iv) Cllr B A Moore spoke as Ward Member;
(v) Cllr F W Letch left the meeting following consideration of the application.
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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 the above application.
The Head of Planning, Economy and Regeneration outlined the contents of the report stating that the tree was of good amenity value at the edge of the Uffculme Conservation Area. Two objections had been received to the making of a Tree Preservation Order as it was felt that the tree threatened local property, the roots were damaged, the tree was dangerous, and that it was unhealthy. The Tree Officer had stated in her report that the tree continued to merit protection.
Consideration was given to:
· The views of the local Ward Member with regard to the position of the tree and concerns about the safety. · The proximity of adjacent buildings · The landowner had requested that he remove the tree and replace it with 3 trees in a better location · The age of the tree · The need for the Tree Officer to revisit the location and provide an updated report and amenity score
RESOLVED that the matter be deferred to allow the Tree Officer to further inspect the tree with regard to its current status and that further photographs identifying the proximity of the tree to adjacent buildings be made available.
(Proposed by Cllr P J Heal and seconded by Cllr B A Moore)
Notes:
(i) Cllrs Mrs H Bainbridge, Mrs C A Collis, Mrs F J Colthorpe, R J Dolley, C J Eginton, P J Heal, D J Knowles, F W Letch, B A Moore and J D Squire made declarations in accordance with the Protocol of Good Practice for Councillors in dealing with planning matters as they had all received correspondence regarding the application;
(ii) Cllr R Evans spoke as a Ward Member.
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To consider a report of the Head of Planning and Economic Regeneration regarding this application. Minutes: The Committee had before it a * report of the Head of Planning, Economy and Regeneration regarding the above application.
She outlined the contents of the report stating that the site already had permission in place for 1 pitch to be occupied by a named individual and her dependents; 2 additional pitches were now proposed. She highlighted via a block plan and photographs depicting the siting of the original and proposed mobile homes, the motorhomes, the proposed additional composting toilet and the proposed location of the borehole.
Consideration was given to:
· The dependent relatives · Concerns that the number of people living on the land could not be controlled with further dependents arriving · Traffic implications · The failure to provide suitable pitches · The facilities on site
RESOLVED that the application be deferred to allow a site visit to take place by the Planning Working Group to consider:
· The access · The present layout of the site in relation to what was being proposed · The location of the bore hole in relation to the siting of the composting toilets · The provision of the bore hole and the expected flow · Landscaping possibilities.
(Proposed by Cllr D J Knowles and seconded by Cllr C J Eginton)
Notes:
(i) Cllrs Mrs F J Colthorpe, C J Eginton and P J Heal declared personal interests as the objectors present were known to them;
(ii) Mr Custance-Baker, spoke in objection to the application
(iii) Miss N Perrot spoke on behalf of the applicant;
(iv) Cllr Mrs J Roach spoke as Ward Member.
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