Venue: Phoenix Chamber, Phoenix House, Tiverton
Contact: Sally Gabriel Member Services Manager
Link: audio recording
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APOLOGIES AND SUBSTITUTE MEMBERS To receive any apologies for absence and notices of appointment of substitute.
Minutes: Apologies were received from Cllrs: R F Radford and R L Stanley. |
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PUBLIC QUESTION TIME 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: Mr Fry referring to Item 1 on the plans List (Chapel Down Farm) asked the following question: what amount of Section 106 and other funding from the development will go to Crediton Town Council for residents as the development is outside the town boundary?
Mr Tucker again referring to Item 1 on the Plans List (Chapel Down Farm) asked the following question: with Government seeking to introduce a 25 year environmental plan how will this development merit net environmental gain?
The Chairman indicated that the questions would be answered when the item was debated. |
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DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT 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 requirement to declare any interests at the appropriate time. |
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MINUTES OF THE PREVIOUS MEETING PDF 206 KB Members to consider whether to approve the minutes as a correct record of the meeting held on 28 February 2018. Minutes: The minutes of the meeting held on 28 February 2018 were approved as a correct record and signed by the Chairman.
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CHAIRMAN'S ANNOUNCEMENTS To receive any announcements the Chairman may wish to make.
Minutes: The Chairman had no announcements to make. |
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ENFORCEMENT LIST (00-06-49) PDF 44 KB To consider the items contained in the Enforcement List.
Additional documents: Minutes: Consideration was given to the cases in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
Arising thereon:
a) No. 1 in the Enforcement List (Enforcement Case ENF/17/00070/RURAL – Unauthorised building operations concerning the extension of a former tractor storage shed and the unauthorised change of use of the land from woodland to a mixed use of woodland and recreational use – Culm Wood, (Gaddon Down Plantation), Ashill).
The Area Team Leader outlined the contents of the report highlighting the breach of planning control and explaining by way of presentation the site in question, the vehicle access and photographs from various aspects of the site, which included the original tractor shed and the new works that had taken place.
Consideration was given to the trees that had been removed on the site.
RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and action necessary to secure the demolition and removal of the unauthorised operational development, the cessation of the unauthorised use and the removal of the items of domestic paraphernalia on the land, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr P J Heal)
Note: the following late information was reported: The following statement had been provided on behalf of the owner of the land to seek to justify why the scope of works has been undertaken.
Before my son took over Culm Wood the storm in January 2017 had blown many trees down, breaking down part of a wall on the right hand side of the building and also hitting the roof. This broke holes in it and pushed one of the A frames over which in turn pushed the left-hand wall off its footings and tilted it towards the track which is used by Buckland Wood Ridden Wood and Ashill Wood. A lot of dog walkers, which I know from when I was a landlord of the Ostler in Uffculme, use these woods and I have a duty of care for them. Therefore, my son started repairing. As we all know there is often a lot more damaged than his realised. Due to these repairs he was reported to the council and consequently told planning but when I enquired about planning permission he was told he would not be given planning permission so he stopped the repair work after making it safe.
Officer Comment: The validity of the information is uncertain in your officer’s view, and there is no change to the recommendation as set out in the report as drafted and circulated to members in the report pack.
b) No. 2 in the Enforcement List (Enforcement Case ENF/17/00160/COU – Change of use of land from agriculture to mixed use agriculture and the siting and use of a caravan for human habitation together with domestic paraphernalia ancillary to such use and the ... view the full minutes text for item 133. |
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DEFERRALS FROM THE PLANS LIST To report any items appearing in the Plans List which have been deferred.
Minutes: There were no deferrals from the Plans List. |
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THE PLANS LIST (00-40-00) PDF 639 KB To consider the planning applications contained in the list.
Minutes:
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 4 on the Plans List (18/00100/HOUSE – Conversion of garage to a self-contained annexe and erection of a porch – Station House, Culmstock)be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration with an additional condition (4) which stated that “The ancillary accommodation hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Station House as a single family dwellinghouse and shall not at any time be used, either by way of being let, given or sold, as a separate unit of accommodation or for commercial purposes”.
Reason: The site is located outside defined settlement limits in the open countryside where national and local planning policy prohibits the creation of new dwellings unless in special circumstances in accordance with Policy COR18 of Mid Devon Core Strategy 2007 and the NPPF.
(Proposed by the Chairman)
Note: The following late information was provided: the additional condition (4) and a representation from Culmstock Parish Council – No objections.
(b) No 1 on the Plans List (17/001511/MOUT – Outline application for the erection of up to 120 dwellings, public open space, vehicular access and associated infrastructure – land at NGR 282065 100892 (Chapel Downs Farm, North of Queen Elizabeth Drive, Crediton). The Area Team Leader outlined the contents of the report by way of presentation highlighting the location of the site North East of Queen Elizabeth Drive, the proposed vehicular and pedestrian access, an aerial view of the site which highlighted the relationship between the site and the town of Crediton, the site location plan and indicative layout of the site, the 5 parcels of space which were proposed for development, the area of public open space proposed to the top of the site, the separation distance between the boundary and various parts of the site outlined for development, the drainage strategy, indicative site sections and the additional planting which sought to mitigate the visual impact and changes in levels.
He continued by explaining that the agricultural land was rated as Grade 2 at the top of the site and Grade 3 on the slopes. Photographs were provided from various aspects of the site and viewpoints from various locations identifying the site.
He provided answers to questions posed in public question time: the S106 package: rules and regulations applied to how S106 funding was applied and the scope of planning obligations within the report related to public open space, education and air quality. With regard to the question relating to ... view the full minutes text for item 135. |
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MAJOR APPLICATIONS WITH NO DECISION (3-14-32) PDF 23 KB List attached for consideration of major applications and potential site visits.
Minutes: The Committee had before it, and NOTED, a list * of major applications with no decision.
It was AGREED that
Application 18/00091/MFUL - St Lawrence Homes, Crediton, be brought before the Committee for determination and that a site visit take place.
Application 18/00214/MFUL – Hunters Hill, Culmstock, be brought before the Committee for determination.
Note: *List previously circulated; copy attached to the Minutes
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APPEAL DECISIONS (3-19-16) PDF 53 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 signed Minutes.
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To receive a report of the Head of Planning, Economy and Regeneration requesting the Planning Committee to consider whether it wishes to continue to determine all solar photovoltaic (PV) panel schemes that are ground mounted and recommended for approval, irrespective of the scale of the proposal.
Minutes: The Committee had before it a * report of the Head of Planning, Economy and Regeneration requesting consideration as to whether there is a wish to continue to determine all solar photovoltaic (PV) panel schemes that are ground mounted and recommended for approval, irrespective of the scale of the proposal. The Chairman informed the meeting that it had previously been decided that all ground mounted solar Photovoltaic schemes be brought before Committee, even though some of the schemes had been very small in size. Over the past few months several small schemes had been put before committee and approved without discussion, it was therefore recommended that small scale proposals be dealt with under delegated powers. The process of call in would still be available to Members if they felt that a particular application required Committee approval
RESOLVED that with the exception of small scale proposals, applications for ground mounted solar PV arrays recommended by Officers for approval be brought before the Committee for determination. (Proposed by Cllr P J Heal and seconded by Cllr B A Moore)
Note: *Report previously circulated copy attached to minutes.
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RECOMMENDATION FROM THE STANDARDS COMMITTEE (3-24-02) PDF 75 KB To consider a recommendation from the Standards Committee with regard to procedures (to follow). Additional documents: Minutes: Consideration was given to a recommendation from the Standards Committee with regard to procedures. The Chairman of the Standards Committee presented Minute 70 of the Standards Committee meeting on 14 March 2018 which considered Motion 541 (Councillor Mrs J Roach – 30 November 2017):
This Council reconsiders the time and times that it allows ward members to speak at the planning committee. The present system gives many opportunities to speak but allows the local member only one opportunity. At the very least Council should give elected Councillors the opportunity to correct incorrect statements, something that exists within standing orders but not allowed at the planning committee. At the last planning committee the situation that exists at the moment prevented me as the elected Councillor for Silverton for pointing out that the Highways advice was inconsistent with previous advice given on the same site.
At that meeting a *report of the Monitoring Officer had been received and consideration had been given to that part of the Protocol of Good Practice for Councillors Dealing in Planning Matters (“the Planning Protocol”) which addressed public speaking at the Planning Committee. It had been agreed that clarity was required and further consideration was given to the presentation of questions or statements at public question time, the number of people who could speak and in what order and whether it was appropriate to include a form of “point of order” for Ward Members to correct a statement or an error of fact that had been made during the course of the debate on an application.
Members of the Planning Committee considered the following:
· Whether statements should be allowed within Public Question Time or should questions just be asked? · Whether the ability to correct an error was reasonable · The views of Councillor Mrs Roach with regard to her motion and the reasoning behind it in that she felt that there was a need to “come back” when clarification or correction was required. · The need for those interested in a planning application or other matter on the agenda to feel that they had received a fair opportunity to make their point.
With regard to the recommendation on paragraph 9.1 of the Planning Protocol, Members of the Planning Committee considered that the focus should remain on questions, although it should be made clear that those speaking could briefly introduce or explain the background to their questions(s). Members were reminded that those speaking at Public Question Time were limited to 3 minutes in any event.
Accordingly, it was therefore RECOMMENDED to Council that: the Planning Protocol be amended to the following:
a) 9.1 Public Question Time is available at the beginning of the meeting for those present to ask questions about any item of the agenda, or to speak briefly by way of background or introduction to those questions, including planning applications.
b) 9.2 For applications reserved for individual consideration, the Chairman will call those who have indicated a wish to speak in the following order: officer, one objector (3 ... view the full minutes text for item 139. |
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PLANNING PERFORMANCE AGAINST TARGETS QUARTER 3 OCTOBER - DECEMBER 17/18 (3-52-08) PDF 87 KB To consider a report of the Head of Planning, Economy and Regeneration providing the Committee with information on the performance of aspects of the planning function of the Council for quarter 3 17/18.
Minutes: The Committee had before it and NOTED a * report of the Head of Planning, Economy and Regeneration providing the Committee with information on the performance of aspects of the planning function of the Council for quarter 3 17/18. The Group Manager for Development outlined the contents of the report highlighting the quarter 3 statistics which were all above target, identifying the speed and quality of the processing of applications within Development Management, the enforcement data which showed the number of new enforcement cases received and those that had been closed. He informed the meeting that the post of Conservation Officer had been filled and that the new officer would take up his post at the end of May.
Note: *Report previously circulated copy attached to signed minutes.
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