Agenda item

To consider an implications report with regard to this application.

At the Planning Committee on 27^th July 2022, Members advised that they were minded to refuse the above application and invited an *implications report for further consideration.

The Area Team Leader provided the following responses to questions asked at public question time:

·         It had been confirmed by the Legal department that the application site was wholly owned by the applicant. Notwithstanding this, an applicant did not have to own the land to apply for planning permission

·         The statement related to the original planning application and not the application before Committee today

·         There was a loss of 8 parking spaces and the proposal was for 10 parking spaces

·         3 parking spaces had been lost due to size of the retaining wall required and 3 electric vehicle charging spaces had been made available. The electric vehicle charging spaces were larger than normal parking spaces

·         The statement was not relevant to the application in front of Committee today but any modifications to the original application would be brought to Committee for determination

Consideration was given to:

·         The Interim Monitoring Officer explained that the Committee had dealt with retrospective applications historically and that this application should be dealt with in accordance with normal determinations

It was therefore RESOLVED that the Committee would not determine the application

(Proposed by Cllr B G J Warren and seconded by Cllr F W Letch)

It was further RESOLVED that Committee had made a decision not to determine this application and we will take no further part in it.

(Proposed by Cllr B A Moore and seconded by Cllr S J Clist)

Reason for the decision: No decision was made

Notes:

·         *Implications report previously circulated and attached to the minutes

·         Cllrs B G J Warren, S J Clist, F W Letch, B Holdman and L J Cruwys requested that their votes in support of the initial decision be recorded

·         Cllrs B A Moore, P J Heal, E J Berry and C J Eginton requested that their votes against the initial decision be recorded

·         Cllrs D J Knowles and R F Radford had left the meeting before the commencement of the item and did not take part in the vote

·         Cllrs B G J Warren  and S J Clist made declarations in accordance with protocol of Good Practice for Councillors dealing with planning matters as they had been contacted by objectors

·         Cllr C J Eginton made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he had attended a Cabinet meeting relating to loans to the applicant but had abstained on the vote

·         Cllr B A Moore made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was the Cabinet Member responsible for the applicant

·         Cllr B Holdman made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was a member of Tiverton Town Council Planning Committee

·         Cllr L J Cruwys made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he was the Ward Member, and Chairman of Tiverton Town Council Planning Committee and had received correspondence

·         Cllr P J Heal made a declaration in accordance with protocol of Good Practice for Councillors dealing with planning matters as he had received correspondence