Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Sally Gabriel Member Services Manager
APOLOGIES AND SUBSTITUTE MEMBERS
To receive any apologies for absence and notices of appointment of substitute.
There were no apologies.
PUBLIC QUESTION TIME (00-02-22)
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.
Sarah Coffin referring to item 4 on the plans list asked the committee to refuse the application and raised the following queries:
1. If councillors approve this application which will facilitate increased capacity for conversion of biogas to energy via the adjoining Willand AD site, will the three directly connected applications presently awaiting decisions be prejudiced?
NDDC- digestate storage bag
MDDC – industrial silage clamp
DCC – variation to double the tonnage of feedstock presently permitted for Willand AD site
2. How under present NPPF and conditions guidance would it be possible to defend any refusal of these outstanding applications, which facilitate increased feedstock volumes and production capacity for Willand AD? Should you approve this application today granting mechanism for greater biogas conversion then refusal of the outstanding applications will be indefensible against appeal. Any mitigating conditions would have to be ‘reasonable, necessary and enforceable.’
3. There have been considerable complaints raised since the ADs in Mid Devon became operational, about increased traffic, odour and noise issues, related to all aspects of servicing the AD’s to provide feedstock and remove digestate; and MDDC Scrutiny committee was asked in December 2019 to look into overall impact of AD operations as soon as possible.
Surely therefore a full cumulative EIA is required in this instance?
Lindsay Kuzara provided a question with regard to item 10 (Creedy Bridge) on the agenda list which was read out by the Chairman:
What will happen to the part of the site currently earmarked for a school if DCC decide not to build and the part currently earmarked for the Rugby Club if they find a better or more affordable site in the next 15 years. Can the council insist on a stipulation that if they are not used as was initially planned they will become green amenity areas with trees planted and the developer will not be permitted to apply to build more houses on them?
Adam Kuzara provided a question regarding item 10 (Creedy Bridge) on the agenda which was read out by the Chairman:
When this site was taken out of contingency it was for up to 200 houses, however the Planning Officer finally supported 257 due to viability. I had thought this must be due to the cost to the developer of providing a cheap or free site for the Rugby Club, but it now seems the Rugby Club will have to pay full price.
The Wellparks site was viable with fewer than 200 houses. Should the Council now ask the developer to resubmit plans for a maximum of 200 houses?
Mark Gulley on behalf of the Crediton Rugby Club referring to item 10 (Creedy Bridge) on the agenda stated that as the Chairman of the Rugby Club he saw first-hand the substantial benefit that it provides for the town. The volunteers that run the club are amazing and offer their time for nothing creating a real spirit of togetherness. The most important element is the junior offering to hundreds of ... view the full minutes text for item 107.
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.
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 15 January 2020.
The minutes of the meeting held on 15 January 2020 were approved as a correct record and signed by the Chairman.
CHAIRMAN'S ANNOUNCEMENTS (00-20-47)
To receive any announcements the Chairman may wish to make.
The Chairman informed the meeting that this was the last meeting for the Interim Group Manager for Development, she thanked her for her work and wished her well for the future.
DEFERRALS FROM THE PLANS LIST (00-21-46)
To report any items appearing in the Plans List which have been deferred.
There were no deferrals from the Plans List.
To consider the planning applications contained in the list.
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 1 on the Plans List (19/02034/LBC Listed Building Consent for internal alterations to create an en-suite shower room - The Old Carriage House, St Andrew Street North, Tiverton)) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr L J Cruwys and seconded by Cllr D J Knowles)
b) No 2 on the Plans List (19/0928/MFUL Erection of buildings incorporating employment (B1/B2/B8) with associated infrastructure – land at NGR 305390 112177 (Hitchcocks Business Park) Uffculme).
The Interim Group Manager for Development outlined the contents of the report by way of presentation highlighting the location of the proposed development within the site, the proposed floor space of the 3 proposals and members were reminded of the fact that this was now a revised smaller scheme than originally proposed. Members viewed the layout of the 3 areas, the site sections, floor plans and elevations and viewed photographs from various aspects of the site.
The officer added that the proposal was in line with Policy DM20 of the Local Plan and highlighted the updates within the update sheet which included the following: a representation from the MDDC, Growth, Economy and Delivery Section and Halberton Parish Council, a response from the Environment Agency and a further objection.
The officer then supplied answers to questions posed in public question time:
· With regard to climate change and the Council’s aim to become net zero by 2030, there was a need to look at the current planning policies within the existing Local Plan.
· With regard to light pollution, the application had been thoroughly scrutinised and external consultees had found that the mitigation that had been put in place was acceptable.
· With regard to responses to the original application, those responses were still on the file for everyone to view.
· With regard to Policy DM20, the policy did allow for this type of development, officers had been working with the Growth, Economy and Delivery Team to make sure that the needs of the policy had been met.
Consideration was given to:
· The details of the travel plan
· The lateness of the Growth, Economy and Delivery Team’s response
· The views of the objector with regard to the views of the local community with regard to the proposal, the cumulative impact of continued development on the village of Uffculme and the roads leading to the village. The number of applications that had been submitted for the site and the fact that the local habitat was being changed forever.
· The views of the applicant with regard to the 100% ... view the full minutes text for item 112.
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 20/00047/MFUL – Erection of extension at Gregory Distribution Limited remain delegated.
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 Minutes.
APPLICATION 17/00348/MOUT - RESIDENTIAL DEVELOPMENT OF UP TO 257 DWELLINGS AND UP TO 5 GYPSY AND TRAVELLER PITCHES; 8.6 HECTARES OF LAND MADE AVAILABLE TO FACILITATE THE RELOCATION OF CREDITON RUGBY CLUB; UP TO 1.1 HECTARES OF LAND SAFEGUARDED FOR THE DELIVERY OF A PRIMARY SCHOOL; ACCESS ARRANGEMENTS FROM A3072 (EXHIBITION WAY); PEDESTRIAN AND CYCLE ACCESS ON TO POUNDS HILL/STONEWALL CROSS JUNCTION, OLD TIVERTON ROAD AND PEDLERSPOOL LANE; LANDSCAPING AND AREA OF PUBLIC OPEN SPACE; AND OTHER ASSOCIATED INFRASTRUCTURE AND ENGINEERING OPERATIONS - LAND AT NGR 284185 101165 (CREEDY BRIDGE) CREDITON DEVON (2-05-03) PDF 168 KB
To receive a report of the Head of Planning, Economy and Regeneration considering revisions to the wording of three of the Heads of Terms of the S106 agreement and the associated S106 implications from these proposed revisions. The resolution made by Members of the Planning Committee on the 19th September 2018 was for planning permission to be granted subject the prior signing of a S106 agreement, with the revisions sought relating to planning obligation numbers 1, 2 and 4 as outlined within the resolution. Delegated authority is also requested to allow minor changes to the wording of planning conditions in order to allow for a phased approach to development across the site.
The Committee had before it a * report of the Head of Planning, Economy and Regeneration considering revisions to the wording of three of the Heads of Terms of the S106 agreement and the associated S106 implications from those proposed revisions. The resolution made by Members of the Planning Committee on the 19th September 2018 was for planning permission to be granted subject the prior signing of a S106 agreement, with the revisions sought relating to planning obligation numbers 1, 2 and 4 as outlined within the resolution. Delegated authority was also requested to allow minor changes to the wording of planning conditions in order to allow for a phased approach to development across the site.
The Area Team Leader informed the meeting of the contents of the update sheet which referred to an enquiry from Sandford Parish Council with regard whether S106 contributions towards improvements to the existing public rights of way could be used to deliver a footpath/cyclepath between the site and the village of Sandford.
He answered the questions posed in public question time
· With regard to what would happen to the land if the school was not progressed, then the land would go back to the applicant and further planning permission would be required.
· With regard to the policy allocation for 200 dwellings whereas the proposed development was for 257 which was considered due to viability in order to provide land for the rugby club. The 257 dwellings were granted planning permission in 2018, where it was noted that the viability appraisals did not include for this provision in the Heads of Terms.
· With regard to the rugby club and that they were being kept at arms length with regard to any discussions. He stated that officers had been in discussions with the rugby club with regard to the transfer of the land, the rugby club had wanted a nil or nominal rate; this had been clarified by Counsel’s advice; the land would be safeguarded for the rugby club but would not be transferred at a nil/notional value.
The officer further explained and listed the Heads of Terms that required amendment (as identified in the report) and the delegated authority that was sought for the Head of Planning, Economy and Regeneration.
Consideration was given to:
· Clarification with regard to the safeguarding/transfer of land and the amendment that pre-commencement conditions be removed
· That maybe following delegation to the Head of Planning Economy and Regeneration consultation take place with the Chairman, Vice Chairman and Ward Members to make any changes to the wording of the planning conditions
· The views of the representative of Crediton Rugby Club with regard to how the club had supported the application on the basis that they would receive land; any transfer on terms discussed today would not enable the club to move. He asked that the application be reviewed in it’s entirely so that all matters could be reconsidered.
· The views of the agent for the applicant with regard to the fact ... view the full minutes text for item 115.
To receive 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 3 of 19/20.
The Committee had before it and NOTED 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 3 of 19/20.
The Interim Group Manager for Development outlined the contents of the report stating that improvements had been made between Quarter 2 and Quarter 3, although the target for the ‘number of applications over 13 weeks without a decision’ still need some improvement
To receive a report from the Head of Planning, Economy and Regeneration providing the committee with changes to guidance.
The Committee had before it and NOTED a *report of the Head of Planning, Economy and Regeneration providing it with information with regard to changes to the guidance.
The Interim Group Manager for Development outlined the contents of the report highlighting the updated guidance.