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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

25.

APOLOGIES AND SUBSTITUTE MEMBERS

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

 

Minutes:

There were no apologies for absence.

26.

PUBLIC QUESTION TIME (00:06:25)

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 Drew, referring to item 1 Sampford Peverell, stated having taken specialist highways advice from Mark Baker Consulting Limited as a chartered member of the RTPI I recommend that the application be refused for 8 reasons as set out in my letter which I believe has been circulated in substance to Members. In brief the reasons are:

 

1.    The application site is in the open countryside where core strategy policy clause 18 seeks to strictly control development. I was going to say that no parties produced an up to date land supply calculation but I come here this afternoon and find that one has been produced now. It might have been helpful if that had been produced and put out in the report. Even if the Council cannot show a five year housing land supply the adverse impact of the proposal would significantly and demonstrably outweigh the benefits when assessed against the policies of the NPPF as a whole.

2.    The proposal would result in harm to the setting of designated heritage assets in the vicinity of the site, including a Grade II listed building and two Conservation Areas.  The Applicant has failed to identify any public benefits to outweigh the identified harm and conflict with Development Plan Policies and the NPPF.

3.    As a form of major development on a prominent open hillside the development would significantly harm the unspoilt and open quality of the site and result in the loss of Grade II agricultural land, which forms an important part of the rural setting of the village. 

4.    The application site is not a sustainable location for this scale of housing due to the poor pedestrian access to village facilities, most of which are located beyond a reasonable walking distance of the site, and the absence of employment in the village, which would result in an unsustainable pattern of car-based commuting. 

5.    The application is premature because the site is identified for housing in the emerging Local Plan but only in association with the J27 development, which is a substantial scheme that is a central component of the emerging Local Plan and SP2 is the subject of an examination Hearing in September and so it is difficult to envisage a more advanced stage. As such the proposal is contrary to Planning Practice Guidance.

6.    The substandard crossing and footway along Turnpike, together with the substandard junction to the north-east of the site onto Higher Town and the absence of verification that the visibility splays serving the vehicular access would be appropriate, would not provide a safe solution for highway users, including pedestrians.

7.    The Ecological Appraisal has identified a badger set in Higher Town and an area to the west as being suitable for reptiles.  In respect of the former it has not been shown that there would be no disturbance and in respect of the latter no detailed survey has been provided.  Still.  As such the proposal is contrary to advice in Circular 06/2005.

8.    By  ...  view the full minutes text for item 26.

27.

DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (00:54:50)

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

 

Minutes:

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

 

28.

MINUTES OF THE PREVIOUS MEETING (00:55:12) pdf icon PDF 146 KB

Members to consider whether to approve the minutes as a correct record of the meeting held on 13 June 2018.

Minutes:

The Minutes of the meeting held on 13 June 2018 were approved as a correct record and SIGNED by the Chairman.

 

Note: Councillors P J Heal and B A Moore abstained from voting as they had not been present at the previous meeting.

29.

CHAIRMAN'S ANNOUNCEMENTS (00:56:12)

         To receive any announcements the Chairman may wish to make. 

 

Minutes:

The Chairman had the following announcements to make:

 

·         The special meeting scheduled for 26th July 2018 to consider the NW Cullompton applications had now been cancelled and would be re-scheduled.

·         The next scheduled meeting of the Planning Committee would be on 8th August 2018.

·         There would an additional special meeting of the Planning Committee on 15th August which would consider the Creedy Bridge application.

 

 

30.

ENFORCEMENT LIST (00:57:09) pdf icon PDF 39 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 the signed Minutes.

 

Arising thereon:

 

a)    No. 1 in the Enforcement List (Enforcement Case ENF/18/00083/UNTIDY – Untidy site having an adverse effect upon the visual amenity of the locality. Eastmere Farm, Lapford, Crediton).

 

The Enforcement Officer outlined the contents of the report highlighting by way of presentation photographs of the site from various angles. She explained that a complaint had been received in March 2018 by the enforcement team regarding the unsightly appearance of the land which sat immediately adjacent to the main road (A377) and was clearly visible from the public domain particularly on the approach to Lapford from the north.

 

RESOLVED that authority be given to the Legal Services Manager to take all such steps and action necessary to secure the improvement of the appearance of the land, including the issue of a Section 215 (Untidy Site) Notice and prosecution and/or Direct Action in the event of non-compliance with the Notice.

 

(Proposed by Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)

 

Note:

 

(i)            Cllr Mrs G Doe declared a personal interest as the site in question was opposite to where she lived.

 

(ii)          Cllr P J Heal made a declaration in accordance with the Protocol of Good Practice for Councillors dealing in Planning Matters as he had attended Parish Council meetings where this matter had been discussed.

31.

DEFERRALS FROM THE PLANS LIST (01:02:45)

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

 

Minutes:

There were no deferrals from the Plans List.

32.

THE PLANS LIST (01:02:50) pdf icon PDF 737 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)    No 1 on the Plans List (17/01359/MOUT – Outline for the erection of 60 dwellings and construction of new vehicular access onto highway to the west of the site, along with 3 pedestrian/cycle access points to serve the site, with all other matters to be reserved – land and buildings at NGR 302469 114078, Higher Town, Sampford Peverell)

 

The Group Manager for Development commenced his presentation by making reference to the updates included in the update sheet. This included a revision of condition 26 to include reptiles along with badgers since the efficacy of the applicant’s own survey had been undermined by the repeated removal of the refugia on site. As such the amendment to condition 26 now negated the need for condition 27. Natural England had issued Standing Advice to assist Local Planning Authorities and developers in deciding whether there was a reasonable likelihood of protected species being present on a proposed site. The crossing and pedestrian access points on this site were the least likely areas for potential harm to reptiles, however the revised condition stipulated that any approved development could not commence until a repeat survey for the presence of badgers and reptiles had been carried out.

 

The second update related to the Council’s five year housing land supply figures which had been updated based on the most recent statistics. This had increased from 4.15 years to 4.45 years which was seen as positive but was still short of the 5 year land supply.

 

In relation to the questions posed at public question time the Group Manager for Development stated that evidence within either the report or the update addressed many of the concerns raised including reference to COR18, the suggested undemocratic process and the weight given to SP2. It was the officer’s opinion that the assessment in relation to public benefit versus public harm had been accurate. In relation to the question posed about the 35% affordable homes the officer explained that this figure was correct. Questions relating to the ‘sub-standard’ crossing and water run off had also been addressed within the report.

 

The contents of the report were outlined by way of presentation highlighting, through the use of photographs, the indicative layout of the site, the proposed access arrangements, its geographical position in relation to the canal and its position in relation to surrounding buildings which included a listed building and non-listed heritage assets such as a wall which was of particular local interest. It was also explained that the site was outside the settlement limit as identified in the Local Plan. The Local Plan was currently under review and the fact that this site was a part of that review was a material consideration. Reference was made to the NPPF which stated that there should be a presumption in favour of development unless significant adverse harm outweighed the public benefit.  ...  view the full minutes text for item 32.

33.

MAJOR APPLICATIONS WITH NO DECISION (03:54:00) pdf icon PDF 21 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 18/00936/MARM – Land at NGR 276566 103177 (Old Abattoir Site), Shambles Drive, Copplestone, remain as a delegated decision.

 

Application 18/00678/MFUL – Lower Whipcott Holcombe Rogus, remain as a delegated decision.

 

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

34.

APPEAL DECISIONS (03:57:00) pdf icon PDF 61 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 the signed Minutes.

35.

APPLICATION 17/01716/FULL - WIDENING OF THE EXISTING ACCESS TO AGRICULTURAL LAND - LAND AT NGR 292482 101905, SCHOOL LANE, THORVERTON (03:58:00) pdf icon PDF 157 KB

At the previous meeting Members were minded to refuse the application and requested a  report of the Head of Planning, Economy and Regeneration  setting out the implications of such a refusal.

Additional documents:

Minutes:

The Committee had before it an * implications report of the Head of Planning, Economy and Regeneration regarding the above application; Members at the meeting on 13th June 2018, were minded to refuse planning permission but a final decision was deferred pending consideration of this implications report.

 

The Principal Planning Officer provided a response to the questions posed in public question time. He stated that issues in relation to highway safety had been considered in the previous report as had the issue of the accuracy of the plans. The plans, which were metric in scale, had been checked and in the officers’ opinion were accurate. Reference was made to paragraph 187 in the NPPF which stated that solutions should try to be found to allow development rather than the identification of problems.

 

Consideration was given to:

 

·         An opening further down the site in question which the applicant was already using. It was explained however, that the visibility requirements were worse at this exiting point than what was being recommended in the proposal.

·         Concerns regarding inaccurate comments made by the Agent towards some of the Committee members.

·         The visual impact of an industrial entrance in a rural area.

·         Concerns regarding road safety and the movement of large vehicles in and out of the proposed access.

 

RESOLVED that the application be refused on the following grounds:

 

a)    The design, scale and appearance of the proposed development would, in the opinion of the Local Planning Authority, be inappropriate to this site and out of keeping with the rural character of the area to the detriment of the visual amenity of the area in general. The bank and vegetation which would be removed is considered to contribute towards the rural character of the lane and the visual amenities of the area and therefore its removal to the extent shown would be detrimental to the rural quality of the area. The proposal is therefore considered to be contrary to policies COR2 of the Mid Devon Core Strategy (Local Plan Part 1), DM2 and DM22 of the Mid Devon Local Plan part 3 (Development Management Policies) and the objectives of the National Planning Policy Framework.

 

b)    Insufficient justification has been provided for the need of a widened access given the fact that the applicant has been able to farm the lane previously from the existing access and that there are alternative accesses available to the applicant further south along School Lane therefore negating the need for the works associated as part of this proposal. The works are not considered reasonably necessary to support the farming activity on site contrary to DM22 of the Local Plan Part 3 (Development Management Policies).

 

c)    In the opinion of the Local Authority, the proposed widening of the access would prejudice road safety due to lack of a public footpath along School Lane and the proximity of Thorverton Primary School and associated pedestrian traffic from parents and children walking to from the school via the public footpath link from  ...  view the full minutes text for item 35.

Update Sheet

Update Sheet 11.7.18 pdf icon PDF 93 KB

Additional documents:

Amendment to Minute

with the addition of (iii) in the notes to state that “Cllr C J Eginton spoke as Ward Member”, the minutes of the meeting held on 11 July 2018