Agenda and minutes

To receive any apologies for absence.

There were no apologies.

To receive any questions relating to items on the Agenda from members of the public and replies thereto.

Cllr Cutts representing Sampford Peverell Parish Council and referring to item 7 on the agenda stated that: According to the Main Modifications in your pack, the tie between Policy SP2 and Policy J27 is to be cut.  I am concerned by the consequences of this proposed change.

Without the tie to J27 I can no longer see any need for 60 houses anywhere in the village. 

In the Local Plan submission, your emerging policy S13, identifies Sampford Peverell as one of 23 villages where there will be ‘… small scale housing and other limited development which enhances community vitality or meets a ?local social or economic need’.

Using figures from the table on page 47 of your pack, calculations show that the proportion of housing allocated to our village is almost twice as high as that for any of the other 22 villages listed for ‘limited development’. 

The Inspector has indicated that the tie to J27 should be removed.  He says that SP2’s 60 houses are needed to meet the ‘overall’ housing supply.  Apparently he has failed to note that emerging Policy S2 requires that housing in Sampford Peverell must meet ‘local needs’, not ‘overall’ needs. He is surely creating an internal inconsistency in the emerging Plan.

So, my question is …In the light of emerging policies S2 and S13, and without the justification provided by the proposed development at Junction 27, what precise evidence does the Council now have for a ‘local need’ to justify 60 houses at Higher Town, Sampford Peverell? 

Jamie Byron speaking in relation to item 7 on the agenda stated I trust you have all been able to consider the paper that I circulated to you on Tuesday evening.  Thank you for giving time and consideration to that.  It asks you to explore the deletion of Policy SP2.  Please try to make it work. We are trying to avoid any possibility of legal challenges.

Paragraph 47 of the National Planning Policy Framework sets down a requirement that only ‘deliverable’ sites should appear in the first five years of a plan. To be ‘deliverable’ a site must be ‘… available now, offer a suitable location for development now, and be achievable with a realistic prospect that housing will be delivered on the site within five years’. This must be based on ‘robust up to date evidence’ (PPGuidance).  A mistake could lead to months of delay.

Your officers assure you that SP2 is ‘deliverable’ and have told the Inspector that it will be fully built-out by March 2023 (in document ED20).  I cannot see how this is possible.  The five year period in question started in April 2018. Eighteen months have gone already and no applicant has secured even outline planning permission.

Officers apply the so-called HELAA model to calculate delivery times.  To meet HELAA requirements, building should be starting five months from now - but ten months of drainage testing is still needed, as officers recognise (in document ED22). 

Planning  ...  view the full minutes text for item 81.

Councillors are reminded of the requirement to declare any interest, including the type of interest, and reason for that interest, either at this stage of the meeting or as soon as they become aware of that interest.

Cllr Mrs N Woollatt declared a personal interest as a supporter of the Campaign for Local Democracy for item 10 (Governance Arrangements) on the agenda.

All Members of the Cabinet declared that they had received an email from the objectors to policy SP2 within agenda item 7 (Local Plan – Main Modifications).

Members to consider whether to approve the minutes as a correct record of the meeting held on 17 October 2019.

The minutes of the previous meeting were approved as a correct record and signed by the Chairman.

The following Motion has been referred to the Cabinet for consideration and report:

Review of Development Management Policies on Parking

This Council requests that officers start work on undertaking a review of Mid Devon’s development management policies regarding parking on our new estates.  These should include the number of parking spaces per property as well as how development management can help ease the transition to electric or hybrid vehicles in the future.  

In addition to this, this Council requests that at the earliest available opportunity, and no later than three months after this motion is agreed, a paper is brought to the Planning Policy Advisory Group and Cabinet highlighting some of the possible changes members might have to consider and the best mechanism to bring these about.

Please note: Having considered the above Motion the Cabinet are asked to consider whether this Motion should either be supported or rejected. This decision will be referred back to full Council on 8 January 2020.

The following motion had been referred by Council to the Cabinet for consideration:

Review of Development Management Policies on Parking

This Council requests that officers start work on undertaking a review of Mid Devon’s development management policies regarding parking on our new estates.  These should include the number of parking spaces per property as well as how development management can help ease the transition to electric or hybrid vehicles in the future.  

In addition to this, this Council requests that at the earliest available opportunity, and no later than three months after this motion is agreed, a paper is brought to the Planning Policy Advisory Group and Cabinet highlighting some of the possible changes members might have to consider and the best mechanism to bring these about.

The Chairman invited Cllr Chesterton to speak to the motion.

Cllr Chesterton addressed the meeting stating that he felt that a review of Development Policies were required for parking on new estates, he understood the process for reviewing policies but felt that a start could be made on those policies and maybe others in line with the climate declaration.   There was a need to recognise the use of electric cars and plug in hybrid vehicles and clearer parking policies would be useful, there was also a need through policy to recognise the opportunity for electric vehicles.

Consideration was given to the timescales mentioned within the motion and it was felt that negotiation was required on this.

It was therefore:

RECOMMENDED to Council that Motion 560 be supported subject to further discussion prior to Council with regard to the timeframe for any report to the Planning Policy Advisory Group.

(Proposed by Cllr G Barnell and seconded by Cllr S J Clist)

Arising from a report of the Group Manager for Performance, Governance and Data Security outlining the Council’s statutory duties under the Equality Act 2010, the Community Policy Development group has made the following recommendation that the Equality Policy and Objectives for 2019-2021 be approved.

Arising from a report of the Group Manager for Performance, Governance and Data Security outlining the Council’s statutory duties under the Equality Act 2010, the Community Policy Development Group had made the following recommendation: that the Equality Policy and Objectives for 2019-2021 be approved.

The Cabinet Member for Community Well-Being outlined the contents of the report stating that under the Equality Act 2010 local authorities had a duty to have ‘due regard’ to:

Eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act;

Advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and

Foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

Consideration was given to the importance of mental health and dementia awareness.

RESOLVED that the recommendation of the Policy Development Group be approved.

(Proposed by Cllr D J Knowles and seconded by Cllr Mrs N Woollatt)

Note:  *Report previously circulated, copy attached to minutes

To consider a report of the Head of Planning, Economy and Regeneration seeking a recommendation from Cabinet to Council that Proposed Main Modifications and Additional (Minor) Modifications to the Mid Devon Local

Plan Review, Addendum to the Sustainability Appraisal, Addendum to the Habitat Regulations Assessment, and Addendum to the Equalities Impact Assessment 2017 are approved for public consultation and, with the exception

of the Additional (Minor) Modifications and consultation responses on these, these documents are submitted with consultation responses received on them to the Planning Inspectorate together.

The Cabinet had before it a *report of the Head of Planning, Economy and Regeneration seeking a recommendation from Cabinet to Council that Proposed Main Modifications and Additional (Minor) Modifications to the Mid Devon Local Plan Review, Addendum to the Sustainability Appraisal, Addendum to the Habitat Regulations Assessment, and Addendum to the Equalities Impact Assessment 2017 are approved for public consultation and, with the exception of the Additional (Minor) Modifications and consultation responses on these, these documents would be submitted with consultation responses received on them to the Planning Inspectorate together.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that a package of 55 Main Modifications were proposed. The package followed the Inspector’s advice in his Post Hearings Advice Note in order for the Plan to be found sound and for it to be capable of being adopted by the Council.

The Main Modifications followed the Inspector’s suggested remedies to overcome his significant concerns about the housing trajectory in the early years of the Plan. They were based on realistic assumptions about the delivery of the Town Centre Relief Road and housing allocations at Cullompton, and they avoided looking for new housing sites and the risk this would bring of further significant delay to the Local Plan through the need for technical assessment work and the potential for further examination hearings to be held.

The Main Modifications included:

·         Bringing forward development on the allocation at Higher Town, Sampford Peverell sooner because the Inspector had found there were no good reasons for restriction in terms of timing and where he had made clear that the tie to J27 and the requirement for the completion of improved access works to the A361 should be removed. This had followed the Inspector’s careful consideration of the site allocation policy including two specific hearing sessions.

·         Bringing the contingency site at Colebrook Lane, Cullompton into the early years of the housing trajectory following Devon County Council’s highway advice,

·         Providing some flexibility for allocated Gypsy and Traveller pitches to be provided off-site away from urban extensions provided that a more favourable outcome for Gypsies and Travellers could be achieved.

·         Making necessary modifications to clarify the requirements of some development management and other policies in the Plan

The strong feelings of residents of Sampford Peverell and others about the inclusion of SP2 in the Local Plan Review were noted. Those strong feelings had also been recognised by the Inspector. However, Members should be aware that once the plan had been submitted for independent examination further changes could only be made if they were necessary to make the plan sound and/or legally compliant, provided that such modifications were recommended by the Inspector (highlighted within Section 23 of the Planning and Compulsory Purchase Act). The Inspector had already provided his conclusions in relation to the site at Higher Town, Sampford Peverell. There was therefore no provision in the legislation which allowed the Council to replace all or part of the submitted plan with  ...  view the full minutes text for item 86.

To consider a report of the Head of Planning, Economy and Regeneration updating the Local Development Scheme (LDS) to take account of the new Greater Exeter Strategic Plan timetable agreement.

The Cabinet had before it a * report of the Head of Planning, Economy and Regeneration updating the Local Development Scheme (LDS) to take account of the new Greater Exeter Strategic Plan timetable agreement.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that the Local Development Scheme provided interested people and organisations with the Council’s project plan for the preparation of local development documents, namely the Local Plan Review 2013 -2033, the Greater Exeter Strategic Plan and a New Local Plan for the area.

The paper also sought approval on the proposed scope and timetable for the Greater Exeter Strategic Plan. With changes in administration arising from the local elections, it had been necessary to ensure that the GESP was proceeding in a way and on a timetable which continued to meet the objectives of the four councils. Discussions between lead officers and members had therefore been taking place. The Council’s leaderships had now confirmed their commitment to continuing GESP preparation with a revised table. The plan would cover the local authority areas of East Devon, Exeter, Mid Devon and Teignbridge and would be prepared jointly by those four local planning authorities with the support of Devon County Council. It would set an overall vision and strategy for the area, contain policies and proposals for strategic and cross boundary issues, set the overall amount of growth for the period 2020 – 2040, promote the Liveable Exeter vision, implement the overall vision and strategy by allocating strategic sites and provide district’s local plans with targets for non-strategic developments. The timetables for each local development document was set out in full in Appendix 1 of the report.

RESOLVED that:

1. The revised Local Development Scheme attached as Appendix 1 to come into effect on 29 November 2019 be approved.

2. The proposed scope and timetable for the Greater Exeter Strategic plan as detailed in the report and summarised in Appendix 1 be agreed.

(Proposed by Cllr G Barnell and seconded by Cllr D J Knowles)

Note:  *Report previously circulated, copy attached to minutes.

To consider a report of the Head of Planning Economy and Regeneration requesting the Cabinet to approve the draft Mid Devon Design Guide Supplementary Planning Document for Public Consultation.

The Cabinet had before it a * report of the Head of Planning Economy and Regeneration requesting it to approve the draft Mid Devon Design Guide Supplementary Planning Document for Public Consultation.

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that the Draft Design Guide would expand on local plan policy for design and provide detailed guidance on urban, village and rural design issues in Mid Devon. It was intended to raise design awareness and standards throughout the planning process and he outlined the consultants used for the exercise.  He continued by adding that regular and meaningful stakeholder engagement had been essential in shaping the design guide to date. A series of stakeholder sessions had been held with local agents, architects, developers, statutory consultees, neighbourhood plan groups, town and parish councils, and elected members. Those sessions had usefully helped shape both the methodological approach and usability of the Design Guide

.

As a result, the Draft Design Guidance was structured into four volumes and a pocket toolkit as follows:

·         Volume 1 – Procedural guidance: This sets out the overarching core principles for the Design Guide as well as some background information and context. It also explains how to navigate through the guide.

·         Volume 2 – Designing for Landscape and Settlement Form: This volume provides a step by step guide to preparing design responses to landscape, settlement form and site situation. It also provides framework design guidance for each of the 3 main towns and additional guidance for development in the countryside,

·         Volume 3 – Compendium of District Design. This volume represents a study of the built environment in Mid Devon and provides a summary of the treatment of each feature and the contribution it can make to good design.

·         Volume 4 – Special Topic Guides – This final section provides guidance on specific ‘special topics’ (e.g. custom and self build).

·         Pocket ‘toolkit’ enabled the Council’s officers and applicants easy ‘table-top’ use of the Design Guide to inform discussions at the pre-application stage and throughout the application process.

Subject to approval, a six week public consultation was proposed to be undertaken, commencing on a date to be agreed. Once the consultation had ended and all comments have been taken into account, the final version of the Design Guide would be presented to a future meeting of the Cabinet with a recommendation to adopt the document as an SPD.

Consideration was given to how useful the initial workshops had been in formation of the guide.

RESOLVED that:

1.            The draft Mid Devon Design Guide Supplementary Planning Document (comprising Appendices 1 to 5 to this report), the Strategic Environmental Assessment Screening Report (Appendix 6 to this report) and the Habitat Regulations Assessment Screening Report (Appendix 7 to this report) be approved for public consultation.

2.            That delegated authority be given to the Head of Planning, Economy and Regeneration in consultation with the Cabinet Member for Planning and Economic Regeneration to finalise the material and arrangements  ...  view the full minutes text for item 88.

To consider a report of the Group Manager for Legal Services and Monitoring Officer considering the current governance arrangements and some suggested changes which might, if Members agree, improve them.

The Cabinet had before it a * report of the Group Manager for Legal Services and Monitoring Officer considering the current governance arrangements.

The Leader outlined the contents of the report stating that the report sought to offer options for consideration with regard to possible changes that could be made to enhance the current governance arrangements.  Although the report did not consider a full review of the governance arrangements some of the options may be useful in the meantime.

Consideration was given to:

·         The restrictions of the Cabinet system and that the report did not satisfy those who had concerns

·         The need for a member led review to consider options available

·         Doubts with regard to the Cabinet system and the need to include all members in decision-making

·         The manner in which certain decisions had been made by the previous administration and the need to avoid such situations arising again

RESOLVED that the item be deferred to the next meeting to allow the report to be amended to include a recommendation for a full review of governance arrangements.

(Proposed by Cllr G Barnell and seconded by Cllr Mrs N Woollatt)

Note:  *Report previously circulated, copy attached to minutes.

To receive a report of the Deputy Chief Executive (S151) presenting a financial update in respect of the income and expenditure so far in the year.

The Cabinet had before it and NOTED a * report of the Deputy Chief Executive (S151) presenting a financial update in respect of the income and expenditure to date.

The Cabinet Member for Finance outlined the contents of the report stating that the General Fund was now showing a surplus of £29k, the key items to note were savings made from the waste partnership and the receipt of a significant planning application.  The Housing Revenue Account was forecasting an underspend of £486k made up of several deficits and surpluses as outlined in paragraph 4.3 of the report.  He highlighted the slippage within the capital programme and the project timetable and the treasury management position.

Discussion took place regarding:

·         The loan to 3 Rivers Developments Limited and the proposed impairment of this loan

·         Accountancy requirements for both the Council and the company

·         The difficult and complicated St Georges View scheme

·         The need to consider delays in current projects included in 3 Rivers Business Plan and the Council’s Capital Programme, working capital considerations and whether profits would be ploughed back into the company or provided as dividends to the council

·         The savings made within the HRA relating to staffing within the repairs team and whether reduced staff equalled reduced outputs.

Note:  *Report previously circulated, copy attached to minutes.

To consider the schedule of meetings for the municipal year 2020/21 and make recommendation to Council.

This item was deferred to allow for a clear recommendation to be made to the January meeting of Council.

To note the contents of the Forward Plan.

The Cabinet had before it and NOTED its rolling plan * for December 2019 containing future key decisions.

Note: *Plan previously circulated, copy attached to minutes.