Agenda and minutes

To elect a Chairman for the municipal year 2021-2022

Cllr Mrs F J Colthorpe was duly elected Chairman.

To elect a Vice Chairman for the municipal year 2021-2022

Cllr D J Knowles was duly elected Vice Chairman.

Members to note the Hybrid Meetings protocol

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

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

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

Apologies were received from Cllr E J Berry who was substituted by Cllr R F Radford.

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.

There were no public questions.

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 14^th April 2021.

The minutes of the meeting held on 14^th April 2021 were agreed as a true record and duly signed by the Chairman.

         To receive any announcements the Chairman may wish to make. 

The Chairman advised the Committee that there would be two meetings in June on the 16^th and 23^rd of the month and that an interim Development Manager was due to start soon.

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 in the *Plans List. 

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

a)    20/01991/FULL - Erection of an agricultural workers dwelling at Land at NGR 288335 107070, Road from Redyeates Cross to Hayne Cross, Cheriton Fitzpaine.

The Area Team Leader outlined the contents of the report by way of a presentation which detailed the site location plan, block plan, proposed elevations and photographs of the site.

The Officer informed Members that the farm consisted of about 250 acres and the dwelling was for a full time farm worker who was employed by the business. He stated that the proposal included an extended driveway and neighbouring properties were over 200 metres away.

He explained that policies S14 and DM8 allowed for agricultural/forestry/rural workers dwellings in the countryside where an essential need had been shown and the applicant had stated that a full time worker was required on site for the husbandry of the animals. He confirmed that there were no other buildings on the site which were suitable for conversion. He explained that there was no current policy which dictated the size of proposed tied properties but that Officers felt that 180sqm was acceptable.

There had been no objections from highways or public health and there was a condition which restricted the property to an agricultural dwelling in perpetuity.

In response to Members questions about the wording of condition 4 the Head of Planning, Economy and Regeneration advised that it was standard wording for tied properties which was used by all authorities and was accepted by the Inspectorate.

The Area Team Leader then explained that although the property was large, it incorporated an office and boot room and that its value would be reduced due to it being tied to agricultural workers.

Consideration was given to:

·         The amount of land owned and rented by the applicant

·         The length of the leases on the rented land

·         The agricultural appraisal submitted by the applicant

·         The proposed plans to expand the existing building to accommodate more livestock and over wintering of animals

·         The agricultural appraisal was based on 53 acres which was in the ownership of the applicant

·         The views of an objector who stated that the application did not satisfy the special circumstances of policy S14 and that they disputed the applicant’s claims that there would be lambing and calving on the site. That there was affordable housing nearby which could be used by the worker who, in their opinion, did not need to be on site

·         The views of the applicant who stated that his business supported local suppliers and that he needed to expand his herds in the next phase of the business. He was trying to ensure succession of the business by the employment of more workers so that it could continue for years to come. That he had rented some of the land for over 25 years

·         Members views that condition 4 could be open to abuse

·         Members views that the application was  ...  view the full minutes text for item 10.

To receive a report of the Head of Planning, Economy and Regeneration regarding this Tree Preservation Order

The Committee had before it a *report of the Head of Planning, Economy and Regeneration with regard to an application for a Tree Preservation Order for Bethany, Bell Meadow, Bickleigh, Tiverton.

The Planning Officer outlined the contents of the report by way of a presentation which highlighted the site location plan and photographs of the site and the trees.

The Officer explained that a temporary order had been put in place in January 2021 and that the trees had been inspected by tree consultant acting on behalf of Mid Devon District Council and that both trees had scored enough for the order to be confirmed. The temporary TPO had been put in place due to reports of works taking place to trees in a conservation area.

In response to Members questions he confirmed that the location and size of the trees in relation to nearby dwellings had been considered by the tree surveyor as part of the assessment.

Consideration was given to:

·         Members concerns with the species of the fir tree not being confirmed

·         Members views that there were acceptable methods available to ensure that the trees did not become a danger to neighbouring properties

It was RESOLVED that: the Tree Preservation Order be confirmed.

(Proposed by Cllr Mrs C P Daw and seconded by Cllr L J Cruwys)

Reason for the Decision: As set out in the report.

Notes:  *Report previously circulated copy attached to the minutes.

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:

21/00276/MFUL – Erection of 13 dwelling at Land at NGR 283084 102432 (Fanny’s Lane) Sandford Devon – be brought before the committee for determination 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.     

It was noted that the Higher Town, Sampford Peverell appeal was a public enquiry and not written representations as detailed in the report.     

Note: *List previously circulated; copy attached to minutes.

To receive a report of the Head of Planning, Economy and Regeneration regarding appeals performance.

The Committee had before it and NOTED a *report of the Head of Planning, Economy and Regeneration providing the Committee with information on the appeal decisions and performance of aspects of the planning function of the Council for 2019/2020, 2020/2021 and 2021/2022

The Head of Planning, Economy and Regeneration outlined the contents of the report and explained that it had been an extraordinary year which had impacted on appeal activity and processing which had rapidly moved to virtual settings.

She explained the Government target for appeal performance which included the speed and quality of decision making.

She provided Members with the appellant’s award costs for Higher Town, Sampford Peverell which was £32k exclusive of VAT.

Consideration was given to:

·         Members request that information be provided of the percentage of cases overturned at appeal by delegated and non-delegated decisions and the number of appeals for non-determination appeals

·         That 93 – 98% of applications were delegated

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

To receive a report of the Head of Planning, Economy and Regeneration regarding decisions contrary to officer recommendations.

The Committee had before it and NOTED a *report of the Head of Planning, Economy and Regeneration providing the Committee with information on Committee decisions for 2020/2021 which were not in agreement with officer recommendations.

The Head of Planning, Economy and Regeneration outlined the contents of the report and explained that it provided a summary of applications where the Planning Committee had made decisions not in agreement with officer recommendations.

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

To receive a report of the Head of Planning, Economy and Regeneration presenting Planning and Building Control performance.

The Committee had before it and NOTED a *report of the Head of Planning, Economy and Regeneration providing the Committee with information on Planning and Building Control Performance.

The Head of Planning, Economy and Regeneration outlined the contents of the report and highlighted that there were a range of indicators which monitored the speed and quality of decisions made.

Consideration was given to:

·         That timeframes could be extended with an agreement with the applicant for an extension of time

·         The intention of the Planning service to put in extra effort to clear the current backlog of applications to ensure that future applications were determined on time without extensive reliance upon extensions of time

·         An upturn in the number of applications being received over recent months

·         The number of vacant posts in the Planning service and additional resources being put in place

·         A new enforcement officer was now in post

The officer explained that the Building Control service had put in new virtual processes to ensure that cases had been considered during the pandemic which had worked well.

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

To agree the start time of meetings for the remainder of the municipal year.

It was AGREED that the start time of meetings remain at 2.15pm for the reminder of the municipal year.