Agenda and draft minutes

To receive any apologies for absence.

Apologies were received from Cllr L Kennedy, Cllr R Radford, Cllr S Taylor and Mr T White.

To receive any questions relating to items on the agenda from the public and replies thereto.

Vicky Pugh – with regard to Item 7 on the agenda

I’d like to start by thanking the Committee for its support since 2020 regarding the planning application at Tidcombe Hall.

My question relates to the Public Inquiry in May instigated by the applicant’s appeal.  Committee Members will be aware that public opposition to the development remains strong.

The fundamentals of why this should not proceed are unchanged; they are the reasons planning permission was refused. Firstly, that the proposal is outside the settlement limits that are core to the Mid Devon Local Plan and that it fails to adhere to a number of planning policies.

Secondly, that Mid Devon aims to show that they can deliver evidence to support a 5 year housing supply.

And thirdly, and most relevant to GWC JAC, how the development would bring harm to the environment of the Grand Western Canal and change for worse the experience of canal users. This includes the impact on Mid Devon’s iconic heritage asset and major tourist attraction, the horse-drawn canal barge and the consequences for the area if it were to close.

Given that these are the 3 criteria that will be central to the Public Inquiry, can I please ask this Committee to respond to the following question:

Q:- Will the Committee agree at this meeting that the best way that the Grand Western Canal Joint Advisory Committee (GWC JAC) can oppose this appeal is by making a representation at the Inquiry that focuses strongly on the specific areas that the Planning Inspector will be considering in deciding whether 100 houses are to be built at Tidcombe?

With this in mind, will the Committee make a commitment today to ensure that, at the Inquiry, the GWC JAC representation gives weight to and stresses the serious potential impact on the following:

1) “the character,

2) the appearance,

3) the setting

4) and the significance of the Grand Western Canal”.

A:- The Chair explained that Cllr A Pilgrim had made a submission to the Inquiry with objections that followed along the lines outlined in the issues above and that she had the Committee’s commitment.

Cllr A Pilgrim confirmed a submission had been made which had been noted by the Inquiry with an invitation to speak to it. He explained he was unable to attend the Inquiry on the first day and hoped that another Committee Member would be able to attend instead to ensure that the points raised above would be emphasised.

Vicky Pugh

Those of us that have put in written submissions have done so as an initial document.  At the Inquiry further detailed presentations would be made with targeted details given on the day.  There was not a need to stick to what has been drafted and submitted as there was an opportunity to bring up additional points, to do more and to go further.

The Chair also confirmed that he had submitted his objection as a County Councillor.

Goff Welchman- with  ...  view the full minutes text for item 49.

Members to consider whether to approve the minutes as a correct record of the meeting held on 1st October 2024.

The minutes from the meeting held on 1 October 2024 having been previously circulated, were approved as a correct record with the exception of one amendment:-

Minute Number 43- Fenacre Water Transfer System.

Rather than “Cllr J Lock informed the Committee that she had requested a seat on the Quarry Liaison Group” it should instead read as “Jane Pilgrim” rather than “Cllr J Lock”.

To consider any matters arising from the minutes of the last meeting.

There were no matters arising.

To receive any announcements that the Chair may wish to make.

The Chair welcomed Cllr Frances Box to the Committee – she had recently joined as a representative from Burlescombe Parish Council.

To receive an update from Aggregate Industries.

Mr John Penny, Regional Estates Manager for Aggregate Industries – owner and operators of Westleigh Quarry, Burlescombe gave a verbal update to the Committee regarding the water transfer scheme and highlighted the following:-

·         Since the last update given in September 2024, the company had now appointed new consultants – SLR Consulting.

·         They were a national firm of consultants with technical expertise in water, hydrogeology etc.

·         A meeting took place at the beginning of January 2025 with the consultants, officers from Devon County Council (DCC) and the DCC’s consultant to discuss the revised scheme.

·         Subject to technical details it was understood that DCC were still okay with the principles of the scheme.

·         The Consultants had now provided a technical briefing note which had been approved and would be submitting this to the Environment Agency by way of a pre-application by close of play on Tuesday 4 March 2025.

·         The Consultants would also be liaising with DCC Local Lead Flood Authority with regard to the land drainage consent.

·         It was anticipated that the Environment Agency would take approximately 3-6 weeks to respond to the pre-application and in the meantime the Consultants would progress with the detailed design of the scheme and undertake ecology surveys required.

·         The application would be accompanied by an Environmental Statement and a Method Statement.

·         It was understood that this piece of work would take around 6-8 weeks to complete and then the formal application would be submitted to the Environment Agency towards the end of May or early June 2025.

·         It was understood that it would take approximately 16 weeks for the Environment Agency to determine the application.  However that time scale may be quickened by the fact that they had received a previous application and should be familiar with the components of the scheme.

·         It was hoped this would allow the scheme to be implemented in quarter 4 of this year and anticipated the scheme to be fully live by 2026.

Mark Baker, Country Park Manager explained that he had not seen the technical briefing note and was therefore unsure what was being proposed to the Environment Agency.

Mr Penny agreed to send the technical briefing note tomorrow and to give DCC time to share the details with their Hydrological Consultant before submitting the application.

The Chair thanked Mr Penny for the update.

To receive an update from the Development Management Manager, MDDC.

John Hammond, Development Management Manager, MDDC gave a verbal update to the Committee and highlighted the following:-

·       There would be a Public Inquiry starting on 20 May 2025 which would run for a period of 5 days and then would reconvene on the 3 June 2025 for 3 days.

·       There was a timetable provided for public commentary to be submitted.

·       A Case Management Conference would take place shortly where the Inspector holds a meeting with the two parties and sets out their provisional thoughts about a timetable for the Inquiry.

·       It was suspected that the Inspector would want public representations to be made quite early on in the Inquiry.

·       With regard to comments made in public questions that people would be expanding on submissions made in writing, it would be worth noting that the inspector would be running a quasi-judicial process as the Inspector would want to ensure that any new evidence raised in discussion that all parties would have an opportunity to comment on anything brought forward that was not in previous written submissions that might have been reviewed.

·       The Inspector would be concerned that all parties to the appeal had a chance to comment.  This could be during the second week that had been set aside.  It could lead to requests for a deferral or adjournment for evidence to be presented.  The Inspector would not be happy if they felt they had been blindsided by information and putting themselves or the decision as risk without giving all parties the chance to provide a counter position.

·       There were 4 reasons given by MDDC for refusal:

(i)              There was not a requirement for additional housing due to the 5 year housing supply.

(ii)             Heritage assets.

(iii)           Landscape character.

(iv)           The lack of a legal agreement regarding public community infrastructure.

·       The key issue that needed to be addressed would the first reason for refusal in light of the Government’s announcements at short notice of a new housing supply requirement for Mid Devon.  The Council’s Local Plan would change from delivering 393 houses a year to now deliver a national requirement of 572 houses per year.  That date would become effective in July 2025 when the Council’s current Local Plan would be out of date.

·       MDDC would be presenting three witnesses, a Planning witness, a Heritage witness and a Landscape witness.  Those points remained fully valid.

·       There would now be a requirement for the Council to deliver an Action Plan to demonstrate how the additional housing would be delivered. 

·       The next steps were for Cabinet to look at the Local Development Scheme and the options to deliver a new Local Plan and the work to progress it.  In April 2025, Cabinet would then look at those steps to deliver housing supply in the short term.  This could then be used as proof of evidence to demonstrate measures which could be taken and to be put in place to deliver additional housing.

·       A page would be created on the MDDC website so that  ...  view the full minutes text for item 54.

To receive a report summarising the work that has taken place with regard to the canal since the last meeting.

The Committee had before it, and NOTED, a Progress Report from the Country Park Manager summarising the work that had taken place on the canal since the last meeting. A brief discussion took place regarding the following issues:

·         Proposed Sale of the Moorings

Mr P Brind, Tiverton Canal Company wished to thank the Chair for his services in saving the Moorings from being sold and how impressed he was by his services.  He was however extremely disappointed with the way DCC handled the situation especially as Mark Baker, Country Park Manager was required not to tell anyone about it.

Mr M Trump was also disappointed with the lack of consultation with the GWC JAC.

·         Towpath Resurfacing Planning

It was explained that this work would begin tomorrow – Tuesday 4^th March 2025.

The Chair thanked the Country Park Manager for the comprehensive report and the work that the Rangers and Volunteers did throughout the year, regardless of the weather, keeping the canal looking good and keeping it safe for all users.

Note: * Report previously circulated.

To receive an update from the Chair, Cllr Colin Slade.

The Chair gave a verbal updated and highlighted the following:-

·       Devon County Council (DCC) Land and Property Committee was only just established.

·       The officers were charged with the duty of disposing of surplus assets owned by DCC.

·       The officers were aware that the property was owned by DCC.

·       After intervention by himself, officers then realised they should have consulted with a much wider audience.  Officers were not being devious or trying to hide anything they simply though they had an asset to be disposed of.

·       The Country Park Manager had made a very compelling case as to why it should be kept and maintained.

·       After receiving some very strong emails from Members of GWC JAC which were used as ammunition when it came to the meeting, it was agreed by the Committee to withdraw the property from the list.

·       It was agreed at the Land and Property Committee that any future properties which had public interest then all stake-holders would be consulted.

The Country Park Manager explained that at the last inspection of the property approximately 5 years ago found lots of potential works but a lot of it was decorative and low priority.  Therefore the future maintenance costs were a lower financial burden than was originally anticipated.

The Committee discussed the reasons why the Country Park Manager was not able to inform the Committee regarding this. It was explained by the Chair that DCC officers perhaps did not understand the situation and any reason behind that would have been due to commercial sensitivity.

For discussion.

The Chair explained that Mrs Jane Pilgrim had asked for this item to be added to the agenda and read out the following email she had asked to come before the Committee:-

'In the light of the proposed, but as yet unspecified, changes to local government in Devon, I am concerned for the future of the Grand Western Canal. I am also aware that this committee may be a casualty of these changes. The Grand Western Canal is currently owned by Devon County Council who supply the majority of the funding to maintain it. In the event of a change of 'ownership' it is important that adequate, secure, funding, present and future, is built into any transfer agreement. I would be interested to hear the thoughts of our Chairman, MDDC, and our vice Chairman, DCC.'

The Chair explained that it was still very early days in terms of local government reorganisation.  Various District Councils were holding meetings and the County Council had a special meeting on 20 March 2025.   The deadline for submissions was the 21 March 2025.

Various options included the possibility of one Unitary Authority for the whole of Devon or there could be three Unitary Authorities.   No decision had yet been made on the proposals to be put forward.  It would be much later in the year when Government would decide.   New Unitary Authorities would go live in 2028 so it was a long process.  As time went by more details would emerge and that would be closely monitored.  He did not believe the Grand Western Canal would be closed and it would simply be inherited by the succeeding Unitary Authority.

The Country Park Manager hoped the Grand Western Canal Joint Advisory Committee would continue in some form.

To consider any other relevant business.

The following was raised:-

·         The lack of consultation with the GWC JAC with regard to the caravan park at Tiverton Road Bridge.  Halberton Parish Council were informed.  The GWC JAC should have been consulted with regard to potential problems.  The owners should be informed that they will not be permitted to fish from that side of the canal and that any access through the land would be regarded as trespassing.

It was AGREED that Angie Howell, Democratic Services Officer would speak to the relevant officers to pass on the above request and report back to the Committee.

The Country Park Manager was not aware either.  He confirmed there was a fence in place and he intended to let the owners know that access beyond it would not be permitted.

Councillor G DuChesne explained that this was general permitted development – the owners only had to advice MDDC of their intentions so nothing could be done.

It was AGREED that Cllr G DuChesne would speak with MDDC officers regarding consultation with the GWC JAC in future with regard to any other such applications that affected the canal.

Cllr Adam Pilgrim – there was a facility for MDDC to call for conditions.  If the GWC JAC had known it would have been emphasised regarding access and protecting the habitat.  However it would be too late to submit those conditions now.

·         The Country Park Manager informed the Committee that he had meetings last week with officers of MDDC looking at whether there were any potential further protections of the canal and its wildlife.   Possibilities included the inclusion within the emerging Devon Local Nature Recovery Strategy or another option was for the canal being designated as a Local Green Space which would be of greater benefit.  This would be discussed as the Local Plan develops over the coming months and discussions with the GWC JAC would take place at an appropriate time.

·         Mr K Browse asked if there was an update on the Conservation Area. 

It was AGREED that Angie Howell, Democratic Services Officer would ask the relevant officer to write to Mr K Browse with information

To identify any issues for discussion at the next meeting.

It was requested the following items be brought to the next meeting:-

·         Update on the Fenacre Water Transfer System.

·         Update on the potential Local Green Space designation within the Local Plan.

To agree the date of the next meeting scheduled as 6th October 2025.

The date of the next meeting was agreed as Monday 6 October 2025 at 7pm.