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Agenda and minutes

Venue: Phoenix Chamber, Phoenix House, Tiverton

Contact: Sally Gabriel  Member Services Manager

Link: audio recording

Items
No. Item

102.

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 who was substituted by Cllr R Evans.

 

In the absence of the Chairman, Cllr P J Heal (Vice Chairman) took the Chair.

103.

VICE CHAIRMAN

Minutes:

The Chairman indicated the need for a Member of the Committee to stand in as a Vice Chairman.

 

RESOLVED that Cllr R Evans be Vice Chairman for the meeting.

 

(Proposed by Cllr Mrs G Doe and seconded by Cllr F W Letch)

104.

DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT

Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest at each item.

 

Minutes:

The Chairman reminded Members about the need to make declarations of interest.

105.

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:

The following public questions were referring to Item 1 on the Plans List – Land NE of Rydon House, Willand.

 

Cllr Warren (Willand Parish Council) stated that:  It has been said that failing to plan is planning to fail.  Mid Devon has a current plan and they have an emerging plan, but it has been delayed for reasons that would not be appropriate to visit in this forum.  The plans set out locations and numbers of houses to be built at each location.  These are coordinated with sites for employment development and with relevant transport systems.  We have an Inspector confirm that there is not a proven five-year land supply and every time an applicant mentions this fact some seem to react like a rabbit caught in headlights and want to give in.  Some applications have been refused and granted on appeal but is it not the case that if all these extra unplanned sites continue to be added the emerging plan will not be viable and sustainable as housing will be in the wrong places and in wrong numbers to fall in with other policies?  There have been a number of unplanned sites approved directly or on appeal and this site is just another such site and will lead to others. 

Much is made of the recent Inspector’s report in dismissing the appeal for 259 houses where in spite of the recognised benefits he felt it was outweighed by the significant weight which he placed on the conflict with policies and the scale of the scheme impacting on the sustainability of Willand as a village.  The Inspector did not limit his comments purely to the scale but also referred to conflict with policies which he felt still had weight. Is it not the case that the cumulative effect of the number of smaller applications and the loss of the services at this site will have the same scale and harmful effect?

 

Will this Authority consider standing its ground and refuse these applications as being contrary to policy and then robustly defend them if appealed?

 

Andrea Glover stated that: This application was validated on the 24th of April 2017.  Why has it taken over 9 months to come to committee? The last communication between the agent and an officer shown on the website is dated 22 May 2017. Public consultation ended in May 2017. What has been happening in the intervening 8 months by way of discussion or negotiation which is not placed in the public domain?

 

Clare Radford stated that: The officer states, ‘The loss of these Community facilities will potentially damage the settlements ability to meet its day to day needs and reduce the supply in the immediate area’.  Mention is made of the proposed retail/commercial units and he also says that there is an existing petrol filling station to the north which provides an adequate provision.  That filling station is scheduled to close in February 2018.  Do members realise that if our employment site is also  ...  view the full minutes text for item 105.

106.

MINUTES OF THE PREVIOUS MEETING (00-15-48) pdf icon PDF 130 KB

Members to consider whether to approve the minutes as a correct record of the meeting held on 3 January 2018.

 

Minutes:

The minutes of the meeting held on 3 January 2018 were approved as a correct record and signed by the Chairman.

107.

CHAIRMAN'S ANNOUNCEMENTS (00-16-10)

         To receive any announcements the Chairman may wish to make. 

 

Minutes:

The Chairman reiterated that in the absence of Cllr Mrs F J Colthorpe he would be chairing the meeting.

108.

ENFORCEMENT LIST (00-16-30) pdf icon PDF 40 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/17/00213/LB –   Dilapidation of listed building in particular thatched roof at the Three Tuns, Public House, 14, Exeter Road, Silverton).

 

The Area Team Leader outlined the contents of the report highlighting the location and history of the site, the planning permission granted for 2 dwellings in the car park of the public house and the conversion of the inn to 1 dwelling.  She explained that the building was in a poor state of repair and that the thatched roof had become dilapidated, water was penetrating through the thatch and entering into the first floor rooms, the render and the windows were also in a damaged state.  The original tarpaulin that had been put in place had blown away during recent bad weather and had not been replaced.  She presented recent photographs which showed the damage to the thatch and that it was spilling out onto the road.

 

Consideration was given to:

 

·         The deterioration of the building

·         The fact that the thatch was now sinking inwards following further deterioration

·         Whether the building was becoming a dangerous structure and whether any further action was required

·         The timescales for taking action

·         The impact on the neighbouring property

·         A Building Control Officer had viewed the property and found it to be safe at the present time

·         The delegated authority of the Head of Planning, Economy and Regeneration to take any action required if the inn became a dangerous structure.

 

RESOLVED that the Legal Services Manager be given delegated authority to:

 

a)    Issue a Repairs Notice under Section 48 of the Planning (Listed Buildings and Conservation  Areas) Act 1990 specifying the works reasonably necessary for the proper preservation of the building; and

 

b)    Take all such steps and action necessary to secure the improvement of the appearance of the building in order to remedy the adverse impact it currently has on the amenity of the area; including the issue of a notice under Section 215 of the Town and Country Planning Act 1990 and subsequent prosecution and/or direct action in the event of non-compliance with the notice.

 

(Proposed Cllr  Mrs H Bainbridge and seconded by Cllr  R J Dolley)

Note: The following late information was reported: The owner of The Three Tuns has contacted the Council this week confirming the purchase of a tarpaulin. A site visit undertaken on 29th January 2018 confirmed that the tarpaulin is not in place on the roof and as such the Officer recommendation remains unchanged.

 

31st January 2018 – A site visit was carried out by Lucy Hodgson/Area Team Leader.

 

109.

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.

110.

THE PLANS LIST (00-31-24) pdf icon PDF 772 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.

 

RESOLVED that the following applications be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:

  

(i) No 2 on the Plans List (17/01991/FULL – Installation of access ramp and change of one window at ground floor level to patio doors – 114 and 115 St Andrews Estate, Cullompton) be approved subject to conditions as recommended by the Head of Planning and Regeneration.

(Proposed by the Chairman)

 

Note: Cllr R L Stanley declared a personal interest in the application as the Cabinet Member for Housing.

 

(ii)  No 6 on the Plans List (17/01732/FULL – Installation of a ground mounted adjustable frame consisting of 110 solar photovoltaic panels – land at NGR 270036 111582 (Southcott Farm) Chawleigh.) be granted planning permission subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

 

(Proposed by the Chairman)

 

(iii) No 7 on the Plans List (17/00057/FULL – Conversion of outbuildings to form 2 dwellings – The Elms, Willand Old Village, Willand) be granted planning permission subject to the prior signing of a Section 106 Agreement

to secure:

 

·         £2,608 Public Open space contribution toward the refurbishment of Chestnut Play area, Willand;

·         £10,436 contribution to improving air quality in Cullompton through the provision of secure cycle parking in Cullompton

 

And conditions as recommended by the Head of Planning, Economy and Regeneration

 

(Proposed by the Chairman)

 

Note:  the following late information was reported: the inclusion of the prior signing of a Section 106 agreement as indicated above.

 

(b)  No 1 on the Plans List (17/00652/MOUT – Outline for a mixed development of 30 dwellings, commercial buildings, access, public open space, landscaping and associated works – land at NGR 303116 110179 (NE of Rydon House), Willand)

 

The Principal Planning Officer outlined the contents of the report highlighting by way of presentation the detail of the proposed development.  The proposal sought the principle of development of the erection of 30 dwellings and the commercial unit on the site along with the access, all other details would be dealt with under a reserved matters application.

 

He outlined the location of the site, the indicative detail of the proposal, highlighting the location of the employment units and that those units were proposed to be put in place prior to the demolition of the original units.  He informed the meeting that the proposal would see the loss of the petrol station.  Photographs were viewed from various aspects of the site.

 

He answered questions posed during public question time:

 

·         With regard to the fact that the proposal was unsustainable and unplanned; this was the nature of the lack of a 5 year land supply, development was not always where you would  ...  view the full minutes text for item 110.

111.

MAJOR APPLICATIONS WITH NO DECISION |(3-41-35) pdf icon 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 17/02020/MFUL Astra Printing and Crown Works Site, Willand Road, Cullompton be brought before committee and that a site visit take place.

 

Note: *List previously circulated; copy attached to the Minutes

 

112.

APPEAL DECISIONS (3-57-37) pdf icon PDF 47 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.

 

113.

PRE-APPLICATION PLANNING ADVICE SERVICE (3-57-57) pdf icon PDF 79 KB

To consider a report of the Head of Planning, Economy and Regeneration requesting consideration of revised arrangements for our customers to gain pre-application advice from the Planning Service in terms of fees for advice.

 

Additional documents:

Minutes:

The Committee had before it a * report of the Head of Planning, Economy and Regeneration requesting consideration of revised arrangements for our customers to gain pre-application advice.

 

The Group Manager for Development outlined the contents of the report stating highlighting the pre-application process, the Governments recent 20% increase in planning fees and the need to assist in cost recovery for the planning service.  He highlighted the table at appendix 1 of the report and comparisons with other local authorities.

 

Consideration was given to:

 

·         Benchmarking against other local authorities of a similar size to Mid Devon

·         The amount of officer time spent on  major applications using wind turbines, ground mounted solar PV and anaerobic digesters as examples

·         The need to review the prices regularly

 

RESOLVED that:

 

i)             The revisions to the pre-application advice service as set out in the report and appendix 1 be approved;

ii)           The increased charges come into force on 17 February 2018;

iii)          The guidance document be updated accordingly and be reviewed on a quarterly basis.

 

(Proposed by Cllr R L Stanley and seconded by Cllr Mrs G Doe)

 

Note:  *Report previously circulated, copy attached to signed minutes.

Update sheet 31.01.18 pdf icon PDF 151 KB