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Agenda item

APPLICATION 20/01789/FULL - CHANGE OF USE OF HALL SOLELY FOR USE BY HOLIDAY MAKERS TO PUBLIC USE - BUILDINGS AT NGR 2944462 120596 DUVALE PRIORY, BAMPTON (3.33.29)

At the Planning Committee meeting on 4 March 2021, 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 10th March 2021, 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 Principal Planning Officer reminded the Committee of the application by way of a presentation which highlighted the existing plans, elevations, photographs of the site, existing buildings and the driveway.

 

He provided the following answers to questions asked by the public:

 

·         Environmental Health Officers had considered the previous history of the site

·         Conditions did cover ventilation in the original consent and the vents had been sealed

·         No sound surveys had been carried out but the level of noise had been conditioned

·         The venue had been operating for a number of years and no noise complaints had been received

·         Applications in 1989 and 1992 which required the removal of the buildings had been superseded by the appeal in 2013 which granted them permission

·         All aspects of noise were debated at the previous committee meeting and car noise was stated as the reason for refusal

·         There were two permitted uses already on site

·         Members could decide to defer for further information if required

·         Members needed to make clear and informed decisions for refusal and the implications of the costs of an appeal were a consideration

 

Consideration was given to:

 

·         Members views that enforcement of noise issues was impossible in the evenings

·         Enforcement and flooding were separate issues from the application in front of Members

·         Members views that members of the public would make more noise than holidaymakers on site

 

It was therefore RESOLVED that: the application be refused on the following grounds:

 

 

1.    The proposed use of the premises as a function room for public use by up to 30 people, and not solely for use by holiday makers, is deemed to be unacceptable and likely to cause unacceptable harm to the amenities of local residents living within the Exe Valley and the enjoyment of their homes late at night. In particular, there is a potential for increased noise and disturbance as a result of increased levels of traffic, associated with members of the public travelling to and from the site, who are not guests at the existing on site holiday accommodation. The suggested controls are not considered to overcome or remove or adequately control the noise and disturbance to the area arising from the use of the premises as a function room for public use and as such would be contrary to policies DM1, DM4 and DM22 of the Mid Devon Local Plan 2013-2033.

 

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

 

Reason for the decision:  as set out in the report

 

Notes:

 

    i.)        Cllr Mrs F J Colthorpe declared a personal interest as she knew Cllr Knowles from Stoodleigh Parish Council

   ii.)        Cllrs S J Clist, Mrs C P Daw, E J Berry and R F Radford made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had received correspondence from objectors

 iii.)        Cllrs Mrs F J Colthorpe and D J Knowles requested that their vote against the decision be recorded

 iv.)        Cllrs L J Cruwys, Mrs C P Daw and R F Radford requested that their abstention from voting was recorded

   v.)        The proposer and seconder and Cllr C Eginton confirmed that they would defend the decision at appeal if necessary

 vi.)        The following late information was reported:

 

1. Duvale Priory already has planning permission for 30 people to come on and off the site to attend functions/ yoga etc in our Small Function Room.

 

2. The current planning application is exactly the same as we all already have but we wanted to  give people the option to have more space by using the main hall which is significantly larger, this to me seems extremely sensible given the current situation with the coronavirus and it’s likely hood for it to be around for many years.

 

3. There would be NO change in any amount of traffic coming to and from the site that people are concerned about, we can already have 30 people coming in and out we are just requesting that they are able to use a different building.

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