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 J Dolley who was substituted by Cllr Mrs J Roach.
Cllr R L Stanley who was substituted by Cllr R Evans.
Apologies were also received from Cllr R F Radford. |
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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 of the need to make declarations of interest. |
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PUBLIC QUESTION TIME (00-03-50) 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 Cashmore referring to Item 4 on the Plans List (School Lane, Thorverton) made the following statement:
Thank you chair and members for the opportunity to raise some concerns regarding the current planning process, a written response would be appreciated in due course. I am grateful to Councillor Deed for calling in agenda item 7. 4 that I may facilitate this.
We have also shared a number of photos of the site.
At face value, this application is about simple access to a field in my village of Thorverton. 1) On the portal there is an unattributed, hand drawn, layout sketch with no point of reference, measurements, elevations or sections. This has been approved by Highways, subject to conditions. A study of their own Planning Design Manual however confirms that this proposal bears little resemblance to their own standards, for example “field access must be square to the road” Further, the conditions called for are also mathematically and physically impossible to achieve, specifically a gradient not to exceed 1in10, a useable sweep radius and a workable drainage solution. 2) There are important concerns regarding public safety. School Lane is simply too narrow to provide a sweep radius to turn a modern tractor and trailer and as the applicant does not own the land immediately to the North of this entrance it is therefore not possible to achieve either the vertical or horizontal visibility splays required by highways to achieve SSD. 3) The report suggests that the applicant owns land at Shobrooke and that this application will ease the journey to his farm. Not true, the applicant does not own any land but actually rents land and buildings at Shobrooke, the owner confirms it is self-contained and needing no external traffic movements at all. 4) The report further suggests that this application is needed in order to reduce the journey distance to the applicant’s farm near Woodbury. Note: the applicant’s latest map has chosen not to advise you that there are in fact Three further gateways available to him a little further South onto School Lane, all closer to Woodbury and that for the last 4 years his preferred route has always been South, through Brampford Speke, St David’s Station, Western Way and onto junction 30. There never have been any 3 point turns conducted at Yellowford. 5) Finally, even if a tractor did exit North onto School Lane into the village, photos confirm that it is impossible then to turn left to Shobrooke and this has never ever been attempted.
Committee, to summarise I believe your planners need a better support framework, one that will allow them to conduct much higher levels of diligence. The residents of Thorverton also deserve a far better planning service than this, and are entitled to understand how the council planning process could possibly allow these situations to occur? I feel fully justified in requesting the committee to overturn spurious approvals such as this.
Finally, we are perplexed as to why a farm ... view the full minutes text for item 116. |
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MINUTES OF THE PREVIOUS MEETING (00-25-16) PDF 167 KB To receive the minutes of the previous meeting (attached).
Minutes: The minutes of the meeting held on 31 January 2018 were approved as a correct record and signed by the Chairman. |
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CHAIRMAN'S ANNOUNCEMENTS (00-26-07) To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had no announcements to make. |
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DEFERRALS FROM THE PLANS LIST (00-26-11) 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 (00-26-11) PDF 526 KB To consider the planning applications contained in the list.
Minutes: RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 2 on the Plans List (18/00033/HOUSE – Siting of 14 Renusol Console Mounting Bins for PV Solar panels, Bullock Barn, Bradiford Farm, Morchard Road, Crediton) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
(ii) No 3 on the Plans List (18/00063/HOUSE – Erection of a two storey extension, 26 Greenaway, Morchard Bishop) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
Note: The following late information was reported: Down St Mary Parish Council have confirmed they have no objection to the proposal. (b) No 1 on the Plans List (17/01939/FULL – Erection of a dwelling, East View, Buller Road, Crediton). The Area Team Leader outlined the contents of the report explaining the proposal for a single dwelling in the back garden of a property in Buller Road. He highlighted the site location plan, the association of the proposed dwelling adjacent to the established property and neighbouring properties, the size of the garden and parking proposal, the elevations and contemporary design of the proposal along with a roof plan showing the solar panels. Photographs were presented from various aspects of the site which highlighted the close proximity of the neighbouring properties and possible overlooking issues.
Consideration was given to:
· The proximity of the wall from the proposed dwelling · The views of the applicant with regard to the location of the proposed dwelling, within walkable distance of the town, the contemporary design, the siting of the proposed dwelling so that any overlooking was limited. · The views of the Ward Member who had visited the site and found that two dwellings in the space may be oppressive · The size of the proposed dwelling and the size of the garden
RESOLVED that planning permission be refused as recommended by the Head of Planning, Economy and Regeneration
(Proposed by Cllr P J Heal and seconded by Cllr Mrs C A Collis)
Notes:
(i) Mrs Wilder (Applicant) spoke;
(iii) Cllr F W Letch spoke as Ward Member
(c) No 4 on the Plans List (17/01716/FULL – Reinstate access and farm track to agricultural land – land at NGR 292482 101905, School Lane, Thorverton). The Principal Planning Officer outlined the contents of the report by way of presentation explaining the proposal for access to agricultural land, the existing access which had turning issues and required an alternative route to be taken. He provided a block plan, front elevation and a gateway plan of the proposal and provided photographs from various ... view the full minutes text for item 120. |
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MAJOR APPLICATIONS WITH NO DECISION (2-59-05) 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.
It was AGREED that
Application 18/00133/MARM (Land at Uplowman Road, Tiverton) be brought before the committee for determination.
Application 18/00175/MOUT (Silver Street, Willand) be brought before the committee for determination and that a site visit take place.
Application 17/01904/MFUL Blackborough House, Blackborough) be brought before the committee for determination and that a site visit take place.
Note: *List previously circulated; copy attached to the Minutes
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APPEAL DECISIONS (3-02-19) PDF 78 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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To receive an implications report of the Head of Planning Economy and Regeneration following discussions at the previous meeting where Members were minded to refuse the application.
Additional documents: Minutes: The Committee had before it a * report of the Head of Planning Economy and Regeneration following discussions at the previous meeting where Members were minded to refuse the application.
The Chairman informed the meeting that the application to appeal the decision for non-determination had not been validated by the Inspectorate as the appeal was outside the time limit. The application therefore had to be determined by the Committee.
The Area Planning Officer outlined the contents of the report by way of presentation providing a site plan and an indicative layout of the proposal and provided photographs from various aspects of the site.
She provided answers to questions posed in public question time:
With regard to why the application had taken so long to come to Committee:
The application for 259 houses on the adjacent site went to appeal and that start date for the appeal was 17th July 2017.
The current application which was the subject of this implications report was received on 24th April 2017 with a 13 week determination target of 24th July.
Appeals can be costly processes, requiring lots of officer resource and sometimes the use of outside consultants. Applicants also incur costs in the appeal process and have the ability to make cost applications to the Planning Inspectorate to recover some or all of their costs where the LPA has been found to act unreasonably. Officers felt that it was reasonable to delay determination of the application before Members today and to await the outcome of the appeal on the adjacent site as the Inspectors decision was very likely to provide guidance on the level of development which may be considered acceptable on the site.
I think I’m right in saying that the Cabinet Member was advised of this approach but I’m not aware of the Parish Council or Ward Members being formally advised but we would have advised them of this approach if asked.
Cllr Grantham’s questions regarding exception sites and the Local Plan: The 35 dwellings permitted under the exception policy were not required to contribute towards any infrastructure due to the delicate balance of financing such projects. The LPR sets out that development of the site for 42 dwellings will require that the developers provide affordable housing, landscaping and other mitigation, a transport assessment and enhancement of a public right of way. They will also be required to provide POS (or a contribution) and other financial contribution such as AQ and education where there is felt to result a deficiency in provision as a result of the development. Similarly the proposal Members are considering today need to make provision towards affordable housing, air quality and public open space. The cumulative number of dwellings, being 107 is still far less than half of the proposal considered by the Inspector at appeal. Cllr Glover’s questions relating to the Inspector’s decision: It is correct that the Inspector found that 259 dwellings at Willand did conflict with development plan policies where they were ... view the full minutes text for item 123. |
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APPLICATION 17/00006/TPO - AUBYNS WOOD AVENUE, TIVERTON (30-24-25) PDF 173 KB To consider a report of the Head of Planning, Economy and Regeneration regarding this application. Minutes: The Committee had before it a * report of the Head of Planning, Economy and Regeneration regarding the above application.
The Area Team Leader outlined the contents of the report stating that a blanket Tree Preservation Order had been placed on the site during development to protect the trees. The Tree Preservation Orders before Members today were to revisit the areas of trees and woodland on the site. This particular order covered the site frontage and the woodland in this area. She provided a plan which highlighted the area within this specific case and photographs of trees behind the house and frontage along Exeter Road.
In answer to the question posed in public question time regarding the reconsideration of the number of Tree Preservation Orders: Yes, there is a cost implication to a LPA in dealing with applications for works to trees covered by TPO’s, as there are for applications for works to trees in Conservation Areas. However, your officer’s views are that this should not prevent LPA’s from considering the confirmation of TPO’s where it is in the public interest to do so to protect the visual amenity of the area and where to not do so, puts the trees at risk of being felled.
Consideration was given to:
· The views of the property owner with regard to the public benefit of the trees, management of the trees, concerns about home insurance and good tree management. · Concern that the trees would be removed without a Tree Preservation Order. · The need to reassess the blanket order. · Management of the trees.
RESOLVED that the Tree Preservation Order be confirmed as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr Mrs C A Collis)
Notes:
(i) Mrs Massey spoke in objection to the application; (ii) Cllr Mrs J Roach requested that her vote against the decision be recorded; (iii) The following late information was reported: The application number is incorrect – it should read 17/00006/TPO; (iv) *Report previously circulated, copy attached to minutes.
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APPLICATION 17/00008/TPO, ST AUBYNS WOOD RISE, TIVERTON (3-37-32) PDF 237 KB To consider a report of the Head of Planning, Economy and Regeneration regarding this application.
Minutes: The Committee had before it a *report of the Head of Planning, Economy and Regeneration regarding the above application.
The Area Team Leader outlined the contents of the report stating that a blanket Tree Preservation Order had been placed on the site during development to protect the trees. The Tree Preservation Orders before Members today were to revisit the areas of trees and woodland on the site. This particular order covered the top end of the development which she highlighted via a plan, the Tree Preservation Order would protect the woodland area in this location.
RESOLVED that the Tree Preservation Order be confirmed as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs G Doe)
Notes:
(i) Cllr Mrs J Roach requested that her vote against the decision be recorded; (ii) The following late information:
2 further letters of representation were received but have not been included on the agenda. They can be summarised as follows: a) Support the preservation of woodland and no desire for trees to be removed but should be able to cut back overhanging or dead branches when necessary b) No objection subject to the woodland being pro-actively managed as there are dead trees, overhanging branches and ivy covering the trees. An Arboriculturalist should inspect and verify current state of trees
(iii) * Report previously circulated, copy attached to minutes.
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APPLICATION 17/0009/TPO HOWDEN HAYES, TIVERTON (3-40-17) PDF 128 KB To consider a report of the Head of Planning, Economy and Regeneration regarding this application.
Additional documents: Minutes: The Committee had before it a * report of the Head of Planning, Economy and Regeneration regarding the above application.
The Area Team Leader outlined the contents of the report stating that a blanket Tree Preservation Order had been placed on the site during development to protect the trees. The Tree Preservation Orders before Members today were to revisit the areas of trees and woodland on the site. This particular order covered a group of trees within an existing property of Howden Hayes, this was a large group of trees which was thought to add to amenity value.
Consideration was given to:
· A letter read by the Chairman on behalf of Mr Dawson which stated that the trees at Howden Hayes should never have been included in the blanket Tree Preservation Order, a new Order would have no benefit to the setting of Howden Court and questioning why the trees at Howden Hayes required protection. · Whether the gentleman’s views were valid · The need to protect the trees in the area.
RESOLVED that the Tree Preservation Order be confirmed as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr P J Heal)
Notes:
(i) The Chairman read a letter on behalf of Mr Dawson; (ii) Cllr Mrs J Roach requested that her vote against the decision be recorded; (iii) The following late information: The application number is incorrect – it should read 17/00009/TPO.
(iv) * Report previously circulated, copy attached to minutes.
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APPLICATION 17/00015/TPO ST AUBYNS RISE, TIVERTON (3-37-32) PDF 217 KB To consider a report of the Head of Planning, Economy and Regeneration regarding this application.
Minutes: The Committee had before it a report of the Head of Planning, Economy and Regeneration regarding the above application.
The Area Team Leader outlined the contents of the report stating that this application was slightly different to the previous ones before Members today; this Order was to protect trees in the long term to be used as screening. The Tree Preservation Order would be new trees along the boundary for the longevity of the development
Consideration was given to:
· The type of trees to be used for screening · Whether the trees put in place were suitable and whether they could be replaced with something more suitable · Consideration of a S73 application to vary the planning condition · The views of a resident with regard to whether the trees had been placed in the right place, the suitability of the trees, the possible damage the tree roots could cause his property and whether the developer had planted the correct trees and the height of the trees. · The need to find a solution to the planting of incorrect trees · The need for officers to work with the residents within a restricted period of time to overcome the issues raised · Financial implications for the landowner
RESOLVED that the Tree Preservation Order be confirmed as recommended by the Head of Planning, Economy and Regeneration. Within a period of one (1) month from the date of this meeting the Local Planning Authority is to enter into a dialogue with the landowners to sympathetically consider the Tree Preservation Order.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)
Notes:
(i) Mr Austrin spoke in objection to the application; (ii) Cllr Mrs J Roach requested that her vote against the decision be recorded; (iii) Cllr Mrs G Doe requested that her abstention from voting be recorded; (iv) * Report previously circulated, copy attached to minutes.
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