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Agenda and minutes

Venue: Virtual Meeting

Contact: Sally Gabriel  Member Services Manager

Link: audio recording

Items
No. Item

53.

APOLOGIES AND SUBSTITUTE MEMBERS (00-05-16)

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

 

Minutes:

There were no apologies for absence.

54.

VIRTUAL MEETING PROTOCOL (00-05-27) pdf icon PDF 105 KB

Committee to note the Virtual Meeting Protocol.

Minutes:

The protocol for remote meetings was NOTED.

55.

PUBLIC QUESTION TIME (00-05-52)

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:

Liz Poole referring to Item 4 on the Plans List (land west of Siskin Chase, Cullompton) stated:I note that Cullompton Town Council recommended refusal of the application based on access via Siskin Chase. Have estimated costs for the alternative option of providing vehicle access from Colebrooke Lane been made available to Cullompton Town Council so that they can make an informed evaluation?

 

The Area Team Leader responded stating that she was not aware of any costs being available for the alternative access, therefore no costs had been provided to Cullompton Town Council.

 

56.

DECLARATION OF INTERESTS UNDER THE CODE OF CONDUCT (00-07-26)

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 need to declare any interests when appropriate.

 

57.

MINUTES OF THE PREVIOUS MEETING (00-07-37) pdf icon PDF 152 KB

Members to consider whether to approve the minutes as a correct record of the meeting held on 12th August 2020.

Minutes:

The minutes of the meeting held on 12 August 2020 were agreed as a true record.

 

58.

CHAIRMAN'S ANNOUNCEMENTS (00-08-47)

         To receive any announcements the Chairman may wish to make. 

 

Minutes:

The Chairman reminded the committee that a special meeting would take place on Wednesday 23 September 2020.

59.

DEFERRALS FROM THE PLANS LIST (00-09-06)

To report any items appearing in the Plans List which have been deferred.           

 

Minutes:

There were no deferrals from the Plans List.

60.

THE PLANS LIST (00-09-30) pdf icon PDF 628 KB

To consider the planning applications contained in the list.

 

Minutes:

The Committee considered the applications in the plans list *. 

 

Note:   *List previously circulated; copy attached to the signed Minutes.

 

(a)       Applications dealt with without debate.

 

In accordance with its agreed procedure the Committee identified those applications contained in the Plans List which could be dealt with without debate.

 

RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:

 

(i)            No 1 on the Plans List (20/00838/HOUSE – Erection of domestic outbuilding, replacement fence and retention of tree house – 6 Poppy Close, Willand) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

(Proposed by the Chairman)

 

Reason for decision – as outlined in the report

 

Note:  Cllr B G J Warren made a declaration in accordance with the Protocol of Good Practice for Councillors dealing in planning matters as  Chairman of Willand Parish Council in that he had made contact with the Group Manager over procedural issues.

 

(ii)          No 2 on the PlansList (19/02034/LBC Listed Building Consent for installation of 1 replacement window - The Old Carriage House, St Andrew Street North, Tiverton)) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.

(Proposed by the Chairman)

 

Reason for decision – as outlined in the report

 

Note: The following late information was provided: as this was a retrospective application, with the works undertaken, condition and reason 1 were not required.

 

b) No 3 on the Plans List (Outline for the erection of 1 dwelling – 12 Kable Close, Tiverton)

 

The Planning Officer outlined the contents of the report by way of presentation highlighting the location of the site 25 metres south of the A361.  He identified the access to the development site and provided an indicative layout plan of how the site might be developed (with all matters reserved – therefore it was just the principle of development that members were being requested to consider) with parking to the front of the new dwelling in line with numbers 11 and 12 Kabale Close.  Members viewed photographs from various aspects of the site which showed the space for development, the proposed access and the demolition of the garage.

 

Consideration was given to:

 

·         The width of the entrance and means of access to the site via a shared driveway

·         Standing highway advice of the minimum width required for a single access

·         The position of the site located at the end of a no through road and the existing access

·         The impact on the neighbouring property throughout the proposed construction

·         The distance of the proposed development from neighbouring properties

·         Whether visitors to the proposed dwelling would park in the turning head

·         Policy DM5 and the Parking SPD only required a single parking space

·         Whether the porch at Number 12 would impact on access to the site

·         The views of the objector with regard to the number of objections to the application; the width  ...  view the full minutes text for item 60.

61.

MAJOR APPLICATIONS WITH NO DECISION (3 - 52-00) pdf icon PDF 249 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 20/01263/MFUL –  - 22 dwellings - allotments at Tumbling Field Lane, Tiverton be brought before the committee for determination and that a site visit take place  if the officers recommendation was one of approval.

 

Note: *List previously circulated; copy attached to the Minutes

 

 

 

62.

APPEAL DECISIONS (3-58 - 00 ) pdf icon PDF 303 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 Minutes.

 

 

63.

TREE PRESERVATION ORDER TPO 20/00003/TPO, LAND AT MEADOW PARK, WILLAND (3-58-03) pdf icon PDF 119 KB

To receive a report of the Head of Planning, Economy and Regeneration regarding this Tree Preservation Order.

Minutes:

The Committee had before it a *report of the Head of Planning, Economy and Regeneration with regard to an application for a Tree  Preservation Order for 45 Pedunculate Oaks and mixed broadleaved trees in woodland.

 

The Area Team Leader outlined the contents of the report highlighting the history of the site and the appeal decision to implement 125 houses.  Officers had been prompted by Willand Parish Council of the need to protect many of the trees on the site.  She highlighted the various trees and the access via Meadow Park.  When the Reserved Matters application came forward there would be a need to look further at the trees on the site, but it was felt that in the interim, the trees should be protected.  The meeting was provided with photographs from various aspects of the site showing the position of the trees.

 

Consideration was given to:

 

·         The area of woodland surrounding the site and the trees situated at Ash Close, Rowan Close and Meadow Park

·         Some trees would need to be removed to allow access to the site

·         The replacement of trees would form part of the Reserved Matters application and the  landscaping proposals set out by the appeal Inspector

 

RESOLVED that the Tree Preservation Order 20/00003/TPO be confirmed with modification to the extent of woodlands W1 and W2 to exclude the trees which will need to be removed to provide the approved access to the site, granted consent under 18/00177/FULL.

 

(Proposed by Cllr B G J Warren and seconded by Cllr S J Clist)

 

Reason for decision – as set out in the report

 

Notes:

 

i)             Cllr Mrs F J Colthorpe declared a personal interest as the landowner was known to her;

 

ii)            Cllr B G J Warren declared a personal interest as Chairman of Willand Parish Council and with his involvement in the application;

 

iii)          Cllr E J Berry declared a personal interest as the landowner was known to him;

 

iv)          Cllr B G J Warren spoke as Ward Member;

 

v)            *Report previously circulated, copy attached to minutes.

64.

19/01188/FULL LAND AT NGR 276600 96594 (NORTH OF SHORTACOMBE FARM) SHORTACOMBE LANE, YEOFORD (CHANGE OF USE OF AGRICULTURAL LAND TO ALLOW 1 PITCH FOR THE SITING OF 1 STATIC CARAVAN, 2 TOURING CARAVANS AND ASSOCIATED WORKS FOR THE USE OF GYPSY AND TRAVELLER FAMILY) ( (4-12-20) pdf icon PDF 258 KB

At the Planning Committee meeting on 12th August 2020, Members advised that they were minded to refuse the above application and invited an implications report for further consideration.

Minutes:

At the Planning Committee meeting on 12 August 2020, Members advised that they were minded to refuse the above application and invited an implications report for further consideration. The Committee therefore had before it a *report of the Head of Planning, Economy and Regeneration setting out the implications of refusal.

 

The Area Team Leader outlined the contents of the report stating that as outlined within the minute of the previous meeting, Committee Members gave consideration to a number of matters which included the desire of the applicant to live on site, the response from statutory consultees, visibility splay requirements and the need for the removal of hedgerow and rights of the applicant to cut back vegetation/hedgebank, the actual numbers of people who would live on site, concerns over safety for occupiers from various risks such as through falling trees and caravans falling over during high winds, accessibility of the site during snowy conditions, flooding concerns of the site with associated impacts on drainage and children’s play area.

 

Members of Planning Committee had therefore resolved that they were minded to refuse this application, deferring the application for consideration of an implications report to consider reasons for refusal to include:

 

·         Policy Planning for Traveller Sites - Section 14. When assessing the suitability of sites in rural or semi-rural settings, local planning authorities should ensure that the scale of such sites does not dominate the nearest settled community.

·         Policy DM7 - A, Space for children’s Play

·         Policy DM7 - C, unacceptable landscape or ecological impact

·         Policy DM7 - E, safe and convenient access to local facilities.

·         Policy DM2 - High quality design

·         Policy DM2 - Positive contribution to local character including any heritage or biodiversity assets and the setting of heritage assets

·         Policy DM2 - Visually attractive places that are well integrated with surrounding buildings, streets and landscapes

·         Policy DM2 - Appropriate drainage including sustainable drainage systems

 

As such three reasons for refusal had been formed to cover the above concerns with correct reference made to Policy DM1 rather than DM2.

 

He then provided by way of presentation the layout of the site and addressed the following detail:

 

The applicant sought planning permission for the material change of use of agricultural land to residential use for a gypsy and traveller family. The proposal would involve the siting of a static caravan; parking for two touring caravans; the siting of a storage shed and car parking area; landscaping works, including tree planting and the creation of a landscaped bank; and works to create a safe access onto the public highway.

 

The site comprised an area of mostly open grassland, including an area surfaced with loose material, on which two touring caravans were currently being kept (these would be moved on site to the position shown on the layout plan and form part of any planning permission issued), along with a wooden storage structure. The site’s western, northern, and eastern boundaries adjoined open fields in agricultural use. The southern boundary  ...  view the full minutes text for item 64.

Update Sheet pdf icon PDF 63 KB