To welcome the Professional Services Manager from Mid Devon District Council and to discuss the following:
a. To receive an explanation as to the ability of the JAC to influence planning applications and discussion to take place.
b. Conservation status of the Canal.
c. The limitations of planning knowledge amongst JAC members and how this can be addressed going forwards. Committee to consider whether a planning working group needs to be established rather than relying on the expertise of one or two individuals to weekly scrutinise the possible effects on the Canal of certain planning applications.
Minutes:
The Professional Services Manager (PSM) from Mid Devon District Council had been invited to attend the meeting regarding the JAC’s ability to act as a consultee on planning applications and to provide more information with regard to the Canal’s conservation status. She began by outlining the Canal as a heritage asset, a Country Park and the fact that it was very much a material planning consideration. The JAC could provide a view on any planning application falling within its area if it was felt to have a potential impact and it did not have to wait to be formally asked to do so.
The PSM was asked what the planning authority was doing to protect the Canal? She replied by stating that from a policy formation and land allocation perspective the planning authority looked at the potential impact, characteristics, appearance and setting. Reference was made to the Tiverton Urban Extension and the green infrastructure that would be required as well as buffer zones. Stage two of the Local Plan was currently out to consultation and as an example she referred to land not being allocated at Hartnoll Farm because of the impact upon the Canal. There were also policies regarding safeguarding the Canal as a leisure asset and policies in relation to the protection of wildlife. Officer reports always provided an explanation as to why they had reached their decision when making a recommendation.
Discussion took place regarding buffer zones and the need for developers to provide a comprehensive strategy for providing green space in relation to the Eastern Urban Extension. However, currently, as the master planning stage was not yet complete, details relating to ‘green infrastructure’ were vague. The question was asked, could this mean anything from a protected wildlife area to sports pitches with parking? The PSM stated that this was a very relevant point and that this was a key issue that needed addressing. The second stage master planning exercise needed to provide essential details in relation to the role and function of the green infrastructure within the green swathe identified in the Local Plan. Information was required regarding the management of those areas as well as a consideration of the hydrology issues. Access points would also need to be considered as a part of this process since the Canal fulfilled a leisure function. The master planning exercise provided the JAC with a real opportunity to get involved.
The PSM was asked whether there would be an opportunity for some of the Green Infrastructure area to become part of the Canal Country Park. She stated that this could be considered since developers were unlikely to want the burden of maintaining the green infrastructure.
Further discussion took place regarding consultation with Town and Parish Councils. Adam Pilgrim stated that sometimes a Parish Council’s view might not align with that of the JAC and that because of this they ought to be an automatic consultee. The importance of the JAC had also risen in recent years and it was felt that they ought to be automatically made aware of applications having a potential impact on the Canal. The PSM stated that this could be considered but there would need to be some indication of the extent of the Canal’s interest in terms of distance from the Canal itself as there would be a need filter out the majority of applications within the vicinity of the Canal which would not have a potential impact. An agreed set of criteria would need to be achieved. The PSM stated that the planning department did have a spatial mapping system that could assist in identifying applications with a potential impact on the Canal, these could then be referred to Adam Pilgrim as the designated representative on the JAC. It was AGREED that the PSM would speak to her colleagues in the planning department and report back to the JAC through the Committee Clerk. It was also stated that Parishes may want to consider the Canal as part of their Parish Neighbourhood Plans.
Discussion took place regarding applications where a strong objection had been made but permission had been granted anyway. It was explained that the Conservation status of the Canal did not ‘preserve things in aspic’. The planning authority might not always agree with consultees but it did promise to consider every comment made. It was suggested that the concerns and comments raised at this meeting should be fed into the master planning exercise, the end date for which was 30th March 2015.
Further discussion took place regarding access points and the fact that the tow path was a public right of way with legislation in place to protect it and that the County Council as landowner would need to agree to any easements onto their land. Current maps and land deeds were often vague in terms of showing definitive boundaries. It was possible to serve hedge pairing notices if encroachment could be proved.
To assist the JAC in making a representation it was suggested that the Management Plan contain a character appraisal with a particular emphasis on the heritage aspects. This would help the planning authority in understanding its setting within the locality. The Devon County Council officers stated that this could be something that the historic environment team at County Hall may be able to assist with.
Finally a brief discussion took place regarding whether there were any benefits in setting up a sub group of the JAC to consider planning applications having a potential impact on the Canal. It was felt that this was not a viable option and was not practical given the range of stakeholders making up the membership. It would have the effect of excluding particular interest groups. The feeling was that email exchanges involving the whole group continue to be made with the intention of reaching a consensus view.
It was suggested that one or two representatives attend the planning training intended for Town and Parish Councils after the election in May and that the Committee Clerk circulate the relevant dates nearer the time.
The JAC wished to thank the Professional Services Manager for her time in attending the meeting and for her thorough explanation of planning issues.