Venue: Phoenix Chambers, Phoenix House, Tiverton
Contact: Angie Howell Member Services Officer
Link: audio recording
APOLOGIES AND SUBSTITUTE MEMBERS
To receive any apologies for absence and notices of appointment of substitute
Apologies were received from:
· Councillor B Warren who was substituted by Cllr Mrs C Daw
· Councillor R F Radford
PUBLIC QUESTION TIME (0:00:00)
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.
The following members of the public attended the meeting to ask questions in relation to the Staple Cross Farm and Crofts Estate Applications.
John Neave referring to No. 3 on the Plans List asked the following:-
Question 1) -While it was widely recognised that there was a need for more affordable Social housing within the Mid Devon District, has any consideration been given to an alternative site for this proposed development, for example the recently approved site within Sandford Parish known locally as Peddlars Pool/Libbets Grange for which approval has been granted for some 257 dwellings and other amenities. This development would likely be far more suitable for the proposed dwellings in Sandford and a fairly straight forward Amendment or Variation to the Peddlars pool development would resolve the current proposal.
Question 2) -Given the proposed development at Crofts Estate by the applicant, were any tenders submitted by a competitive provider or potential shared ownership provider. If not, why not?
Question 3) -If this proposed development were to be given approval, it was likely that there would be a substantial increase in revenue back to MDDC from that received currently from garage rentals, (EG rental income, council tax etc). Has any consideration been given to allocating some of this revenue back into Sandford Community in order to benefit the whole community?
Question 4) - A Field survey was undertaken by Merry Andersen, Arbtech Consulting, on 13/12/2022 to include Bat roosting, foraging habitat and flight line. This survey also considered other species such as hedgehogs etc. This survey, by their own admission, was incomplete as they could not gain access to any of the garages, and cannot be complete to any right-thinking individual, given that the primary species, (bats and hedgehogs), would have been in hibernation at this time. Would this Committee consider requesting that a full and proper survey was undertaken not only at the appropriate time of year, (usually April to October) but also the appropriate time of day (usually dusk/early evening)?
It may be worth noting that under The Conservation Regulations, including Habitat Regulations and the Wildlife and Countryside Act, as well as the Natural Environment and Rural Communities Act, there may be strong legal argument for the protection of bat foraging, commuting habitat and flight lines, which a full and proper survey should highlight. Public authorities, while conducting their functions, should be mindful of regarding the conservation of biodiversity.
Taking the above into account should be a merit of good practice rather than solely being reliant on the developers or applicant.
Question 5) - Finally I would just like to respectfully request that this Committee throw out this application in its entirety given the level of feeling within the Sandford community and the number of objections submitted.
Had the Applicant consulted with the local community in the first instance instead of showing a reckless disregard towards it, then we may not have been in the position that we find ourselves today. Thank ... view the full minutes text for item 127.
DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (00:11:17)
To record any interests on agenda matters
Members were reminded of the need to make declarations where appropriate.
To consider whether to approve the minutes as a correct record of the meeting held on 15 March 2023.
The minutes of the meeting held on 15th March 2023 were AGREED as a true record and duly SIGNED by the Chairman
CHAIRMAN'S ANNOUNCEMENTS (00:14:09)
To receive any announcements the Chairman may wish to make.
The Chair informed the Committee of the sad loss of Honorary Alderman Paul Williams who was a member of the Committee for many years and was a very committed Councillor.
He also thanked Councillor Dennis Knowles as it was his last meeting of the Committee after 25 years’ service. His input had been valued and much appreciated and the Committee wished him a very happy retirement.
WITHDRAWALS FROM THE AGENDA (00:16:27)
To report any items withdrawn from the agenda
The Chairman announced that application 22/00067/MFUL had been withdrawn from the agenda.
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) 22/02301/FULL - Retention and regularisation of changes made to an agricultural storage building to mixed use of agricultural storage and livestock at Staple Cross Farm, Hockworthy, Devon.
In response to the public questions asked the Area Team Leader stated that:
· No formal site visit had been carried out. The Case Officer had visited the site twice before and photos taken which formed part of the presentation.
The Area Team Leader outlined the application by way of a presentation which highlighted:-
· The site was approximately 250m NW on the edge of Staple Cross.
· It related to an agricultural building that had been on site for a while and was unauthorised in its current state. The application was to regularise the building and allow it to be used for occupation of livestock as well as storage for agricultural machinery and hay etc.
· It was previously permitted under prior notification but built slightly differently as it was now 1.5m taller than permitted.
· As part of the original prior notification it wasn’t permitted for use by livestock due to it being within 400m of the nearest protected building.
· Several objections had been received relating to issues such as impact on heritage matters, general impact on the countryside and neighbouring amenity. Issues had been raised with Environmental Health in relation to the temporary housing of geese following the need to house them during aviation flu and the impact of flood risk, parking and ecology matters.
· There was already a building permitted in the location of the same footprint and size.
· It differed only in that it was 1.5m higher and that it was proposed to house livestock.
· The Conservation Officer had raised no issues regarding general visual impact affecting heritage and flood risk.
· Environmental Health Officers didn’t believe the level of agricultural use of livestock would raise significant issues.
· To the south there were 2 large buildings parallel to the road which were former poultry buildings which had been granted permission for demolition and rebuild for 3 residential units. They were approximately 150m south of the building.
· The nearest residential dwellings were approximately 100m from the site. The Environmental Health Officer had raised no objections.
· The nearest heritage assets were to the east of the property with a number of listed buildings to the north of the property. The application didn’t represent any additional harm or impact to the listed buildings.
· Taking into account existing building it was not considered to be a problem in terms of livestock. If there were any particular issues with noise/smells there was scope for Environmental Health to investigate, however they didn’t have any concerns regarding impact on nearby residents.
Consideration was given to:-
· Whether the Local Planning Authority was adhering to its own policies.
· The height of the proposed building and whether it was policy compliant.
· The existing building and it being used to house geese during ... view the full minutes text for item 132.
To receive a list of major applications and potential site visits.
The Committee had before it, and NOTED, a list * of major applications with no decision.
The Committee agreed that:
1. 23/00394/MARM – To Committee
2. 23/00152/MFUL - To Committee if minded to refuse.
3. 22/00857/MFUL – remain delegated
4. 23/00227/MFUL – remain delegated
5. 23/00252/MFUL – remain delegated
Note: * list previously circulated and attached to the minutes.
To receive a list of recent appeal decisions
The Committee had before it, and NOTED, a list * list of appeal decisions.
Note: * list previously circulated and attached to the minutes.
(The meeting ended at 5.20 pm) CHAIRMAN