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Agenda and minutes

Venue: Remote Meeting

Contact: Carole Oliphant  Member Services Officer

Link: audio recording

Items
No. Item

131.

APOLOGIES AND SUBSTITUTE MEMBERS (0.04.26)

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

 

Minutes:

Apologies were received from Cllr D J Knowles who was substituted by Cllr R J Dolley.

132.

REMOTE MEETINGS PROTOCOL (0.04.50) pdf icon PDF 313 KB

Member to note the Remote Meetings Protocol

Minutes:

The Committee had before it, and NOTED, the *Remote Meetings Protocol.

 

Note: *Remote Meetings Protocol previously circulated and attached to the minutes

133.

PUBLIC QUESTION TIME (0.05.18)

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:

Due to connectivity issues the Chairman allowed the public to ask questions at various points during the meeting.

 

1.    Lisa Clifford, a local resident, referring to Plans List 1 (19 Lower Millhayes, Hemyock) had asked that the Chairman to read out the following questions:

a.    The planning officer conditions of use if planning is given are that the property cannot be rented for income or used as a separate unit - what contravenes this and how can this be policed?

b.    I have referred to the Town and Country Schedule 2 - the policy which is sited in my objection - the building in question does contravene building regulations I question if these regulations are a request or requirement.  I am confused why planning are considering it in its current footprint

c.    Why are building regulations ignored to ensure the shed is not causing further issues with privacy and nuisance - for example safeguarding toilet ventilators are not facing neighbouring gardens.

 

2.    Pat Jenkins, a local resident, again referring to Plans List 1 stated:

a.    I submitted three photographs, the first and aerial photograph of no 19 taken 2002 clearly answers questions about the original shed, top left of the garden. Items top left and top right include two greenhouses both about 2.4 by 2.4 meters. By a third smaller greenhouse is a small wheelie bin used as a guide to show that the original shed is approximately 2.4 x 2.7 meters, 6.5 square meters. Erected in 1997/1998 it was a homemade shed with plywood boards and an overhanging galvanised roof. In July 2017 the property changed hands. In 2016 this shed, now over 20 years old and in a sad state of repair was demolished and removed from site so it was impossible to remodel it in 2017.

b.    How would the committee members feel if their boundary fences were only 1 metre high? Photo 2 shows the boundary fence the black line shows the pond electrics. No 19’s decking extends down the garden to just past this point and butts up against the fence. Having measured the height of the decking myself it is 52cms not 45cms high. The red line marks the decking level in relation to the boundary fence 120cms solid panel with 30cms trellis top. 70cms of fence provides no privacy whatsoever when the decking is in use. The fact the people can look over the 152cms fence and into our gardens is an evasion of our right to privacy.

c.    Why does the planning officer state that this outbuilding does not look out of place compared with other sheds in the gardens of other properties in the immediate area? My third photo shows the immediate area. The shed made from timber merges with the fences and becomes unobtrusive whereas the dark brown outbuilding is clearly out of keeping with the immediate area. Do planning officers carry any measuring devices to check plan measurements with measurement on the ground? If not why not? The plan  ...  view the full minutes text for item 133.

134.

DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (0.24.10)

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.

135.

MINUTES OF THE PREVIOUS MEETING (0.24.23) pdf icon PDF 251 KB

Members to consider whether to approve the minutes as a correct record of the meeting held on 10th February 2021

Minutes:

The minutes of the meeting held on 10th February 2021 remained in draft and were not approved until specific questions submitted by Members were addressed

 

136.

CHAIRMAN'S ANNOUNCEMENTS (0.29.50)

         To receive any announcements the Chairman may wish to make. 

 

Minutes:

The Chairman announced that Alison Fish, Area Team Leader, would be leaving the authority and joining the Planning Inspectorate. Members thanked her for her long service at Mid Devon District Council and wished her well in her new role.

137.

DEFERRALS FROM THE PLANS LIST (0.33.55)

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

 

Minutes:

There were no deferrals from the Plans List.

138.

THE PLANS LIST (0.34.03) pdf icon PDF 784 KB

To consider the planning applications contained in the list.

 

Minutes:

The Committee considered the applications in the *Plans List.

 

Note: *List previously circulated and attached to the minutes.

 

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:

 

a)    Application 20/01983/FULL - Rendering of ground floor flats at 21, 22, 23 & 24 Siddalls Gardens, Tiverton, Devon be approved subject to the conditions as recommended by the Head of Planning, Economy and Regeneration.

 

(Proposed by the Chairman)

 

Note: Cllr R J Dolley declared a personal interest as he knew people living in the area

 

Reason for the decision – As set out in the report

 

b)   Application 20/01537/HOUSE - Retention of timber outbuilding to be used ancillary to the main house, retention of decking and proposed installation of water supply and drainage pipes underground at 19 Lower Millhayes, Hemyock, Cullompton.

 

The Area Team Leader stated the application had been deferred from a previous meeting for further investigations and that the material that the building was made of was not a material planning consideration. Addressing the public questions she stated:

 

·         As per condition 3, the building could only be used for ancillary purposes

·         The Town and Country schedule 2 states that if it is not permitted development then the building would need a separate planning application

·         Landowners have to comply with building regulations

·         The current fences were lower than the 2 metres permitted and an increase in height to 2 metres to protect privacy could be conditioned

·         Planning officers did not carry measuring equipment and relied on submitted measurements in plans

·         Planning Officers did visit the site

 

The Area Team Leader then outlined the application by way of a presentation detailing the site location plan, underground piping, existing and proposed plans, photographs of the site, cabin as built, decking and views towards neighbouring properties.

 

She explained the definition of an ancillary building to Members which was that the building would be used for domestic type use and in conjunction with the main dwelling. She confirmed that the building was predominantly to be used by the applicant’s mother and did not have all the facilities of a separate dwelling.

 

Consideration was given to:

 

·         A condition could be introduced to raise the boundary fencing to a height of 2 metres to increase privacy

·         Concerns from Members that the plans in front of them were inaccurate

·         Concerns about what the building was to be used for

·         If the building had a kitchen

·         The difference in permitted development rights for properties within an Area of Outstanding Natural Beauty

·         How the use of the building would be monitored

·         The views of the objector who felt that the building failed to comply with any of the permitted development rights, the building was not timber and the planning report was a manipulation of policy

·         The views of the agent  ...  view the full minutes text for item 138.

139.

MAJOR APPLICATIONS WITH NO DECISION (5.17.35) pdf icon PDF 193 KB

List attached for consideration of major applications and potential site visits.

 

Minutes:

The Committee AGREED that the following major applications be brought before the Committee:

 

·         21/00222/MFUL  - Erection of a retail foodstore with associated parking, access, servicing and landscaping - Playing Field at NGR 284091 100385 Commercial Road Lords, Meadow Industrial Estate, Crediton Devon

·         21/00128/MFUL Erection of 86 dwellings to include public open space, landscape planting, pedestrian, cycle and vehicular links; and associated infrastructure - Land at NGR 298634 113714 (Braid Park), Uplowman Road, Tiverton Devon

·         21/00072/MARM Reserved Matters for the erection of up to 105 dwellings, associated landscaping, public open space and allotments together with vehicle and pedestrian access from Siskin Chase and pedestrian access from Colebrooke Lane, following Outline approval 19/01839/MOUT - Land at NGR 301216 106714 (West Of Siskin Chase) Colebrooke Lane, Cullompton Devon

 

 

140.

APPEAL DECISIONS (5.24.02) pdf icon PDF 308 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 minutes.