Agenda and minutes

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

Apologies were received from Cllr S Clist who was substituted by Cllr D Wulff.

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.

Barry Warren referring to Item 2 on the Plans List asked the following questions:-

Question 1.    This application commenced from the premise of converting or using 2 redundant ‘agricultural buildings’ for housing.  That being the case why is there no mention in the report before committee of the provisions of Local Plan Policy DM9 in respect of the conversion of Rural buildings? It is referred to in the applicants Ecological Impact Assessment at paragraph 1.2.2.

Question 2.    The Report refers to the Conservation Officer Report but it has been summarised.  Why is it not thought relevant to have in the committee report comments from the Court of Appeal in relation to Heritage Assets and advice such as “When considering the impact of development, great weight should be given to the asset’s conservation.

Any harm or loss should require clear and convincing justification from the applicant.” Is not the Conservation Officer’s summary of the applicants Heritage Statement relevant to be brought to the fore “There is no public benefit from the harm as the applicant can provide houses through the consent they have, or the houses can be built elsewhere where there is no harm.”

Question 3.    Condition 7 had been included to deal with concern and advice from the Public Health Officer. Is the condition practical and more importantly enforceable?  Should not the condition also require evidence that the noise levels are not going to be exceeded?  Condition 8 requires details but that does not prove noise levels.

Question 4.   The Ecological Impact Assessment states that “The proposal would result in the destruction of up to 1,250 m2 of semi-improved neutral grassland with patches of ruderal plant species, and up to 100 m2 of bramble scrub. The proposals include the removal of five trees from the site to allow for access. Clearance of the site and the proposed development has the potential to adversely impact bats, nesting birds, dormice, reptiles, amphibians, badger and hedgehogs.”

It further states “The development has the potential to improve the overall biodiversity of the site, achieving over 10% net gain in biodiversity unit…”

We are now on the Fourth version of the site plan since this report was written in November 2022 and we have different layouts and areas.  What evidence have we that there will be a 10% biodiversity gain in the light of the latest plans?

The Chair advised that the questions would be answered during the application.

To record any interests on agenda matters.

Members were reminded of the need to declare any interests where appropriate.

To consider whether to approve the minutes as a correct record of the meeting held on 30 August 2023.

The minutes of the previous meeting held on 30 August 2023 were agreed as a true record and duly signed by the Chairman.

         To receive any announcements the Chairman may wish to make. 

The Chair had no announcements to make.

To report any items withdrawn from the agenda.

Application 22/00907/FULL - Retention of disused quarry for use as two firing ranges at Devon & Cornwall Constabulary, Pondground Quarry, Holcombe Rogus was withdrawn.

To consider the planning applications contained in the list.

The Committee considered the application on the *Plans List.

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

a)    Application 22/02339/MFUL - Erection of extensions and improvement works to existing Church and presbytery at St James Church, Old Road, Tiverton.

The Development Management Manager outlined the contents of the report by way of a presentation which highlighted the following:-

·         The church was located on Old Road, Tiverton, to the east of the canal near Tesco.

·         The proposal was to significantly extend the building to the front, rear and both sides including joining the building to the presbytery at the eastern side. 

·         This would increase the floor area from approximately 400 square metres to 904 square metres.

·         A church spire and bell tower would be added to the roof.

·         An extension to the presbytery above an existing first floor garage would be approximately 51 square metres.

·         There would be no changes to access or parking.  Highways had no concerns as the existing 27 parking spaces would remain along with disabled parking, cycle parking and mobility scooter parking.

·         The proposal would include removing a small section of hedge along the road frontage and replacing this with shrub and tree planting to allow sufficient room for pedestrian access.

·         The major concerns had been the addition of the bell tower and the increase in noise levels with the bell ringing.  Public Health had no objections.  

·         Due to concerns of residents conditions had been put in place for the bell to ring only at certain times.

·         Conditions were also in place for lighting and ensuring that building mounted lights faced downwards and that lighting shields would be utilised on the car park.

Consideration was given to:-

·         The amount of hedgerow to be removed which was confirmed at approximately 7 metres.

·         The noise level of the bell and the concerns of some residents.

·         Parking and the number of vehicles using the road.

It was therefore RESOLVED that planning permission be granted subject to conditions.

(Proposed by Cllr F W Letch and seconded by Cllr F J Colthorpe)

Reason for the Decision – as set out in the report.

Notes:-

(i)            Cllr L Cruwys requested that his abstention from voting be recorded.

b)    Application 22/02272/FULL - Erection of 2 dwellings following demolition of agricultural buildings utilising the Class Q fallback position (21/01146/PNCOU and 21/01148/PNCOU) at Land and Buildings at NGR 303765 110338, (Culm Park), Willand.

The Principal Planning Officer outlined the contents of the report by way of a presentation which highlighted the following:-

·         The Application was called in to consider the impact on the countryside, the conservation area and the overall design.

·         This proposal sought to use the fall-back position to demolish and erect two new dwellings in the place of three units approved under a previous Class Q scheme

·         There had been a number of negotiations and revisions throughout the application and officers were now satisfied with the revised design.

·         Conditions were in place to control the final appearance along with solar and  ...  view the full minutes text for item 40.

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.

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 of appeal decisions.

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