Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Sally Gabriel Member Services Manager
APOLOGIES AND SUBSTITUTE MEMBERS (00-03-56)
To receive any apologies for absence and notices of appointment of substitute.
Apologies were received from Cllr G Barnell who was substituted by Cllr B Holdman.
PUBLIC QUESTION TIME (00-04-14)
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.
Mrs Donovan referring to Item 2 (Exe Valley Brewery) on the plans list asked the following questions: How can the lane from Old Butterleigh Road to the brewery be safe enough for more traffic which is proposed when it is so narrow with bends? Is this not an accident waiting to happen, and a continuing health and safety issue?
She then referred to the narrow single track and her concerns with regard to the number of vehicles that would be using it.
Mr Donovan referring to Item 2 (Exe Valley Brewery) on the plans list asked the following questions: What rights do the unneighbourly Exe Valley Brewery applicants have over us, the peaceful owners of Land farm, to use our title deeds address to further their own cause at our expense to give us a loss of amenity?
He referred to his objections concerning a range of neighbour amenity issues including noise, disturbance, smell, light pollution, access problems, parking issues, biodiversity sanitation issues, waste and litter; lack of information with regard to the frequency of their events, the number of public likely to attend, the absence of a shelter if it rains and potential closure of the brewery, he also asked what are the contingency plans and controls in place and will Land Farm be left to muddle through an uncontrolled work site?
Miss Glover referring to item 3 (Meadow Park, Willand) on the plans list asked the following questions:
Will the Section 106 money still be available for this development and if so will they still be released at the start?
With Mid Devon having a net zero target for properties for 2023 what will this housing developer be doing to ensure targets are met?
The housing documents in the past have said, the houses are made for lifetime use. With this we know many get dementia in old age, what will the developer do to ensure this area is made friendly, and where are they seeking advice to make sure this is done correctly?
She also referred to conversations she had had with the Woodland Trust with regard to the protection of ancient trees that needed to be maintained and protected and asked that there be a robust policy to cover the other trees (and replanting schemes) within the development.
DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (00-16-48)
To record any interests on agenda matters.
The following interests were declared:
To consider whether to approve the minutes as a correct record of the meeting held on 1 December 2021
The minutes of the meeting held on 1 December 2021 were agreed as a true record and duly signed by the Chairman.
CHAIRMAN'S ANNOUNCEMENTS (00-20-40)
To receive any announcements the Chairman may wish to make.
The Chairman reminded those present that there would be a special meeting of the Committee on Wednesday 19 January 2022.
DEFERRALS FROM THE PLANS LIST (00-20-58)
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.
The Committee considered the applications on 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 21/02289/CLP –Certificate of lawfulness for the proposed erection of a single storey rear extension at 79 Queensway, Tiverton be approved as recommended by the Interim Development Management Manager.
(Proposed by the Chairman)
Reason for the decision: As set out in the report
b) Application 21/01879/FULL – Change of use of storage area to outdoor seating area for host visitors for tastings and similar activities and erection of bar/shed – Exe Valley Brewery, Land Farm, Silverton
The Planning Officer presented updates to his report stating that an additional letter from the objector had been received with regard to the 2017 planning permission for the site and he confirmed that the planning permission was for the land and that permission was granted. He also confirmed the reason for the call in and that an amendment to Condition 3 had been proposed.
The Officer then answered questions posed in Public Question Time, stating that the access lane had been considered, there had been no objection from the Highways Authority, there were no grounds for refusal as this was an existing brewery, with regard to ownership, any application stayed with the land and the right amount of notice had been given, the land and the brewery had operated since 1980, it was an established business and this would have been known by the objector when he purchased his property. The issue of amenity had been addressed within the report, conditions had been put in place and he reminded the meeting that the permission would be temporary.
He then outlined the contents of the report by way of presentation highlighting the site location plan, a block plan, floor plans, elevations, the fencing screen, the supporting information and photographs from various aspects of the site. He confirmed that the business had operated since the 1980’s, Policy DM18 did support expansion of the business and the impact on the neighbouring property had been considered.
Consideration was given to:
· Whether the application conflicted with Policy DM5
· Whether further consideration of the application should have been considered by the Highway Authority
· Parking arrangements on the site and the nature of the events that were being proposed
· Highway issues with regard to the Open Days that had and would take place
· The number of events that could take place without permission on an annual basis
· The views of the objector with regard to the impact of the proposal on his property, the lack of shelter proposed if it rained, noise, smells, disruption, the number of people in attendance, loss of privacy and amenity, parking issues and the fact that there ... view the full minutes text for item 137.
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.
Note: *list previously circulated and 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
Noted: *List previously circulated and attached to the minutes
CASE FOR NON-DETERMINATION APPEAL (2-14-00)
To consider a report of the Interim Development Management Manager seeking the Committee’s instructions on whether to defend or concede the appeal submitted for non-determination.
During discussion of this item it may be necessary to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The committee will need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.
To consider passing the following resolution so that exempt information may be discussed.
Recommended that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 respectively of Part 1 of Schedule 12A of the Act, Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
The Committee had before it a *report of the Interim Development Management Manager.
The Chairman indicated that discussion with regard to this item, may require the Committee to pass the following resolution to exclude the press and public having reflected on Article 12 12.02(d) (a presumption in favour of openness) of the Constitution. This decision may be required because consideration of this matter in public may disclose information falling within one of the descriptions of exempt information in Schedule 12A to the Local Government Act 1972. The Committee would need to decide whether, in all the circumstances of the case, the public interest in maintaining the exemption, outweighs the public interest in disclosing the information.
RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 respectively of Part 1 of Schedule 12A of the Act, information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
(Proposed by the Chairman)
Consideration was given to the report before Members and it was:
RESOLVED that Option 2 as outlined in the report be pursued.
(Proposed by Cllr B G J Warren and seconded by Cllr S J Clist)
i) Cllr F W Letch requested that his vote against the decision be recorded;
ii) *Report previously circulated.