To consider the planning applications contained in the list.
Minutes:
The Committee considered the application on the *Plans List.
Note: *List previously circulated and attached to the minutes.
a. Application 22/00907/FULL - Retention of disused quarry for use as two firing ranges at Devon & Cornwall Constabulary, Pondground Quarry, Holcombe Rogus.
The Area Team Leader outlined the contents of the report by way of a presentation which highlighted the following:-
· The site comprised two firing ranges and associated welfare buildings.
· That shooting restrictions had been put in place.
· The site would be used by Devon and Cornwall Police for the training of firearms officers to supplement their main shooting range in Exeter.
· The applicant had instructed an acoustic consultant to measure noise and the Public Health Team had recommended a Noise Management Plan which was submitted as part of the application. On review of this, the Public Health Team requested that the number of days shooting be reduced from the initial proposal of 141 days down to 70 days.
· A Members site visit had taken place in September to look at the shooting range and to experience the noise.
· The planning permission was temporary for seven years.
· Concerns had been received regarding the impacts of heritage assets. However the Conservation Officer had commented that it was less than substantial harm to the setting of nearby heritage assets and considered that public benefits outweighed the harm.
· The Local Highways Authority had raised no objections to the use of the site.
· In light of concerns raised regarding site security the applicant had confirmed that they would be happy to install further security fencing and no shooting would occur until this had been installed.
· The police were happy to enhance their communication with the Parish and would seek to provide a Liaison Officer to work with the school.
In response to the public questions the Area Team Leader answered as follows:-
Robert West
Answer to Q1 - The earlier planning permissions were a material consideration. There were no conditions restricting shooting times in the earlier planning permissions and the reference made to once a fortnight was in response to a question on the application form for the portable welfare building relating to employment. The full response was N.A. Site will be visited by 20-25 officers on average once a fortnight. There were no times/days shooting listed on the application form with no restrictions placed in the planning permission.
Answer to Q2 - Yes we have confidence with the Public Health Officer in dealing with this matter. They are a professional and an employee of the Council.
Alison Hill
Answer - This question relates to noise and how it should be measured. The Public Health Officer is in attendance who I will pass over to comment. However with respect to the reference made to how Acoustic Consultants Ltd (ACL) responded to a nearby application, it has been confirmed that their 2012 report was for a rifle range for recreation and teaching and was a planning application for formal use. In this report ACL referred to the CIEH guidance although did note that it was not specifically for this purpose and identified differences between the scheme and clay target shooting. Therefore in their opinion this is not a comparable site to Pondground and the use of a specific guidance document on one site does not invalidate the conclusions drawn on another.
Corin Hancock
Answer to Q1 - The arranged site visit on the 5th September 2023 was for a Committee site visit to enable Members to fully understand the use. The earlier site visit in August 2022 was arranged for the benefit of Council Officers to fully understand the proposals which included Ward Members and Members of the Parish Council being invited. Some residents were also in attendance on the day.
Answer to Q2 - There is a condition recommended for security fencing.
Answer to Q3 - This would be a conveyancing matter rather than planning.
Answer to Q4 - It is committee procedure in respect to the time allowed to speak. It was also a Committee site visit.
Answer to Q5 - It would not be all day long, with days and hours controlled through planning condition.
Answer to Q6 - It is a new application. The application has been made on the basis of a retention of use as the use has been carried out on site since 1978 with earlier planning permissions being material planning considerations.
James Dexter
Answer - I would first note that in addition to the condition outlining the Noise Management Plan requirements setting hours and days available for shooting, there is a condition which restricts the use only for Devon and Cornwall Police. Within the report the numbers of rounds shot are outlined and Members will have noted that on the Member site visit, 1250 rounds were shot by the Police.
Emma Bell
Answer - The matter of the security fence is outlined within the officer report and a query over the use of a condition to finalise details was addressed in the response to the Barrister Opinion, point SC12 in Appendix 1, page 103. Whilst permitted development is possible for enclosures of 2m in height where not adjacent to a highway, in respect to security fences, the applicant has confirmed that they are committed to provide these within the submitted information and approval of final details are possible through this application. Conditions for enclosures/boundary treatments are common and accepted within the wider planning context. The condition imposed would ensure further security fencing is installed to address concerns raised through the planning process of the site being too accessible.
Ruth O’Brien
Answer - The matter of impact of noise on residents which includes children has been addressed within the committee report and in respect to impact on children at the primary school, this has also been addressed in the response to the Barrister’s Opinion at SC 8 and SC9 on Pages 101 and 102. As noted in the responses from officers, the matter has been assessed.
Juliette Durance
Answer - This question appears to be directed to Members as to what course of action they want to take. However, I would comment that the report to Planning Committee discusses heritage matters and the duties of the Council under the Planning (Listed Buildings and Conservation Areas) Act 1990 and the relevant policies of the Development Plan. With respect to Greenham Barton, this is one of the three Grade I listed properties identified in the objection referred to in the update sheet. The case being whether noise intrusion from the shooting has a harmful impact affecting tranquillity. Greenham Barton is approximately 1.12km away (NE) from the site. The view of the Conservation Officer is that the proposal would not harm the setting of the Grade I listed properties given the distances involved, topography and drop off of noise from the site. As such it is not considered that there was a need to consult Historic England or amenity societies, the latter only being required to comment on demolition of listed buildings rather than setting. Historic England were made aware of this application by a third party so were formally consulted and they raised no objection to the development, rather advising that the council needed to ensure they had all the information to make an assessment to the impact which is considered to be the case.
Robert Chislett
Answer - The matter of impact on holiday businesses in the area have been addressed within the report and the response to the Barrister Opinion within Appendix 1. It is noted that the last planning permission lapsed in 2014 but as demonstrated through the figures provided, shooting has continued throughout until 2022 with the use of Pondground Quarry as two firing ranges being historic, benefiting previously from 5 earlier planning permissions. The use outlined and the recommended conditions including Noise Management Plan are considered to prevent any unreasonable restrictions being placed on existing businesses.
Lance Kennedy
Answer - I note the comment from Lance Kennedy and would advise that the need for this use is contained within the report and clearly demonstrated, hence the recommendation to support.
Consideration was given to:-
· Noise levels and that this could be dealt with by Environmental Health if residents were being affected by the noise levels if the application was approved.
· The difficulty with placing a security fence around the quarry due to the steep topography of the site and its constraints of the quarry.
· The mental health of children attending local schools.
· The impact of the designated listed heritage sites.
A proposal to approve the officer’s recommendation was not supported.
It was therefore RESOLVED that planning permission be refused.
(Proposed by Cllr S Clist and seconded by Cllr R Gilmour)
Reason for refusal:-
1. The impact of the proposal on amenity of the existing residents within the settlement of Holcombe Rogus and neighbouring residents, including the impact to health and safety of the public given the site is not secured due to the steep topography of the site and its constraints. The proposal is therefore not in accordance with the Mid Devon Local Plan policies DM1 and DM4.
2. The impact of the proposal results in harm to the tranquillity of the open countryside experienced in addition to the impact on the harm of the designated listed heritage assets within the area as a result of the noise emitted by the proposed use of the site. The proposal is therefore not in accordance with the Mid Devon Local Plan policies S1, S9, DM1, DM4 and DM25.
Notes:-
(i) Emma Forward spoke as the objector.
(ii) Sergeant Iain Freestone spoke as the applicant.
(iii) Cllr F Freeman spoke on behalf of the Parish Council.
(iv) Cllr J Lock and Cllr G Westcott spoke as Ward Members.
(v) Cllr G Cochran, Cllr F J Colthorpe, Cllr L Cruwys and Cllr F Letch requested that their votes against the refusal be recorded.
b. Application 23/00711/HOUSE - Removal of outbuilding and retention of a replacement garden structure at 7 Silver Street, Thorverton, Exeter.
c. Application 23/01166/LBC - Listed Building Consent for the removal of outbuilding at 7 Silver Street, Thorverton, Exeter.
The Planning Officer outlined the contents of the report by way of a presentation which highlighted the following:-
· The proposal was for listed building consent for the removal of outbuildings to the rear garden.
· This would also include removal of the existing structure as this abutted the listed curtilage wall.
It was therefore RESOLVED that planning permission be granted subject to conditions.
(Proposed by Cllr S Clist and Seconded by Cllr R Gilmour)
Reason for the Decision as set out in the report.
Notes:-
(i) Cllr F J Colthorpe declared that the applicant was a Councillor and that she was aware of this application.
d. Application 23/01255/LBC - Listed Building Consent for repairs to roof at 5 St Paul Street, Tiverton, Devon.
The Conservation Officer outlined the contents of the report by way of a presentation and highlighted the following:-
· That this was a Grade II Listed Building which was owned and managed by Mid Devon District Council.
· The proposal would include the replacement of broken roof slates with new ones.
It was therefore RESOLVED that planning permission be granted subject to conditions.
(Proposed by the Chairman).
Reason for the Decision as set out in the report.
Supporting documents: