Agenda and minutes

To receive any apologies for absence and notices of appointment of substitute.

There were no apologies.

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.

Miss Coffin referring to Item 2 on the Plans List (Mardles, Colebrooke) stated:

I question the effectiveness of the conditions put forward to ensure no statutory nuisance will occur if this lagoon is approved for the following reasons:-

·         No standard of cover specified by your officer these vary in quality and can easily be damaged.

• Inlet and outlet points to lagoon cannot rely on gravity feed as slurry has solid content and requires mixing/diluting prior to pumping - what method is to be used? If tractor PTO’s rather than inbuilt structured system, your Council already has issues with noise problems this causes at another site, where dwellings are 80 to 120 metres distance.
• Will installation of the underground pipeline be a condition prior to the pit being used and will you be able to enforce it?
• No mention of fly control. If to be used as a slurry store for winter months then the lagoon will be emptied during the warmer weather when people like to be outside - disturbance and odour from the pit will be worse and will create fly infestations to nearby houses.
• Are Councillors aware that if approved you are also permitting the use of this pit for storing, mixing, spreading digestate waste from biogas anaerobic digesters. The applicant would not require a permit from EA (which recommends a 200 metre distance from dwellings) nor change of use for planning consent.
• The applicant does not have an AD so this will mean importing digestate as an additional transport movement, has this been assessed by your officer?
• Given the fact that the disposal of digestate from the larger industrial agriculturally fed AD’s is a relatively new problem for farming in the UK and bearing in mind the ensuing problems being experienced by other residents living up to 500 metres away from a slurry/digestate pit; how would Councillors justify approving this application?
• Finally, bearing in mind the constant threat of possible litigation costs from appeals, may I respectfully remind Councillors that last year when faced with a similar situation regarding a farmer flouting the planning system and digging a large lagoon for storing digestate/slurry close to nearby residents at Pennymoor, they took action which ensured that the pit was filled in and the land fully re-instated with no ensuing costs to the Council incurred.

The Chairman indicated that questions would be answered when the item was debated.

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

Members were reminded of the need to declare any interests when appropriate.

Members to consider whether to approve the minutes as a correct record of the meeting held on 21 March 2018.

The minutes of the meeting held on 21 March 2018 were approved as a correct record and signed by the Chairman.

         To receive any announcements the Chairman may wish to make. 

The Chairman stated that as this was the last meeting of the municipal year, she would like to thank Members and Officers for their efforts during the year.

To report any items appearing in the  Plans List which have been deferred.           

The Chairman informed the meeting that Item 1 on the Plans List (School Lane, Thorverton) had been deferred for further consideration.

To consider the planning applications contained in the list.

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 application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:

(i) No 4 on the Plans List No 4 on the Plans List (18/00302/FULL – Change of use for car park to storage (Class B8) and installation of weighbridge and control room at Carlu Close and change of use of land to car park on land adjacent to Lucas Yard – Unit 3 Carlu Close, Hitchcocks, Business park, Willand) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

(Proposed by the Chairman)

(b)           No 1 on the Plans List (17/01716/FULL – Reinstate access and farm track to agricultural land – Land at NGR 292482 101905 School Lane, Thorverton).

This item had been deferred as outlined in Minute 146.

(c)          No 2 on the Plans List (17/01411/FULL – Retention of slurry lagoon, - land at NGR 276429 99746 (adjacent to Mardles Gate), Colebrooke).

The Area Team Leader outlined the contents of the report explaining that the development had been implemented and that the application not only sought approval for the development but also sought to mitigate the impact of the development on local residents.  He highlighted the location of the development, the proximity of neighbouring properties, the pipe plan, the sections which outlined the depth and surface of the area of the lagoon and photographs from various aspects of the site.

Answering questions posed in public question time, he stated that most of the issues raised had been covered in the Operational Management Plan, the proposals for the cover had been considered by the Environmental Health Officer who had deemed it to be fit for purpose.  The lagoon would accept dirty water from the dairy unit and the applicant had confirmed that the dirty water would be pumped in and out of the lagoon.  The underground pipe had been conditioned.  With regard to fly control, the lagoon would be filled and emptied with the cover on, the scope of mitigation had been checked with the Environmental Health Officer, if there was a nuisance with fly control, the Council had environmental health powers to take action. With regard to using the lagoon for anything other than dirty water, if the application were approved then an additional condition could be added.

Consideration was given to:

·         The distance of 250 metres from the dairy unit to the slurry lagoon

·         The reasons for refusal of the previous application

·         The impact of the lagoon on the neighbouring property

·         Odour and noise issues and the mitigation outlined within the report

·         Access and traffic movements

·         Safety issues (in that the gates had been left open overnight) and any  ...  view the full minutes text for item 147.

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:

Application 18/00504/MOUT – erection of 10 dwellings north of Town Farm, Burlescombe be determined by the Committee and that a site visit take place.

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.

Note: *List previously circulated; copy attached to signed Minutes.

To consider a report of the Head of Planning, Economy and Regeneration, providing information where the Planning Committee has made decisions not in agreement with officer recommendation.

The Committee had before it and NOTED * report of the Head of Planning, Economy and Regeneration, providing information where the Planning Committee had made decisions not in agreement with officer recommendation.

The Group Manager for Development outlined the contents of the report stating that 6 applications were granted planning permission with conditions and 2 were refused permission contrary to officer recommendation. Of the 2 refusals, 1 had been allowed at appeal (17/00300/MOU 30 dwellings Uffculme Road, Uffculme) and 1 was expected to be the subject of an appeal (17/00652/MOUT 30 dwellings land NE Rydon House, Willand).

Note: *Report previously circulated; copy attached to signed Minutes.

To consider a report of the Head of Planning, Economy and Regeneration providing information on the outcome of planning appeals for the financial year 17/18.

The Committee had before it and NOTED * report of the Head of Planning, Economy and Regeneration, providing information on the outcome of planning appeals for the financial year 2017/18.

The Group Manager for Development outlined the contents of the report stating that appeal statistics provided a useful check on decision making by comparing appeal outcomes with those nationally, the number of appeals and outcomes with previous years and whether any costs have been awarded against the Council on the basis of unreasonable behaviour.

Majors: Applications determined over a 2 year period, no more than 10% of decisions to be overturned at appeal. The Mid Devon figure over the 2 year period ending March 2018 was 5%.

Non-majors: Applications determined over a 2 year period, no more than 10% of decisions to be overturned at appeal. The Mid Devon figure over the 2 year period ending March 2018 was less than 1%.

A summary of appeals was attached at appendix 1 to the report, 28 appeals were determined within that period.

1          (3%)                Withdrawn

8          (29%)              Allowed

19        (68%)              Dismissed

Note: *Report previously circulated; copy attached to signed Minutes.

To consider a report of the Head of Planning, Economy and Regeneration providing the Committee with information on the performance of aspects of the planning function of the Council for quarter 4, 2017/18.

The Committee had before it and NOTED * report of the Head of Planning, Economy and Regeneration, providing information on the performance of aspects of the planning function of the Council for Quarter 4 – 2017/18

The Group Manager for Development outlined the contents of the report stating that the Government set a range of additional performance targets for planning authorities in order to drive performance. Those for planning application decision making were used by the Government as indicators of performance in terms of both speed and quality of decision making. These were as follows:

Speed:

·         Majors: More than 60% of major applications determined within 13 weeks (over 2 year period). Mid Devon performance on this for the 2 year period to the end of March 2018 was 84%.

·         Non majors: More than 70% of non-major applications determined within 8 weeks (over 2 year period). Mid Devon performance on this for the 2 year period to the end of March 2018 was 81%.

Quality:

·         Majors: Previous assessment round - Applications determined over a 2 year period, no more than 20% of decisions to be overturned at appeal. Current assessment period for the 2 years prior to the end of June 2017: no more than 10% of decisions to be overturned at appeal. The Mid Devon figure over the 2 year period ending March 2018 was 5%.

·         Non majors: This indicator of quality of decision making is measured over a 2 year assessment period to the end of June 2017: no more than 10% of decisions to be overturned at appeal. The Mid Devon figure over the 2 year period ending March 2018 was less than 1%.

He outlined the performance figures for south west authorities made available on the Government’s website; it showed that Mid Devon was performing well.

With regard to Planning Enforcement 91 new cases had been recorded and 35 cases closed.

Note: *Report previously circulated; copy attached to signed Minutes.