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) No 1 on the Plans List (17/00033/OUT – outline for the erection of 8 dwellings – land and buildings at NGR 3014160115145, Crosses Farm, Uplowman).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the site location plan, the access points that would be considered within the outline application and the visibility issues that had been raised. Members viewed photographs from various aspects of the site.
Addressing the questions posed within public question time she stated that the Local Plan had been submitted but that a date for examination had not been received. The figures in the Local Plan (once adopted) would provide enough housing allocation to meet the objectively assessed housing need and re-establish a 5 year housing land supply but at the present time there was still a deficiency.
With regard to building in the open countryside in an area that had not been identified as sustainable in Mid Devon’s Local Plan priorities, she reiterated that the Local Plan had been submitted but had yet to be examined, therefore there was still a 5 year land supply issue and refusal had been recommended on the grounds of Uplowman not being a sustainable location for new housing development
Consideration was given to:
· The quality of the land and archaeological issues
· The lack of public transport in the area
· The capacity of the sewerage system in the area
· Possible highway issues
· The unsuitability of Uplowman for development
· Whether there were enough services in the village and whether additional development would encourage further facilities to become available
· The views of the Parish Council, the limited facilities and the lack of demand for local housing
· The need for an affordable housing contribution should the application be approved.
RESOLVED that planning permission be refused as recommended by the Head of Planning and Regeneration.
(Proposed by Cllr Mrs J Roach and seconded by Cllr F W Letch)
Notes:
i) Cllr R F Radford declared a personal interest as the applicant and the objectors were well known to him and his involvement in the application as Ward Member and chose to leave the meeting during the discussion thereon;
ii) Cllrs Mrs H Bainbridge, Mrs C Collis, Mrs F J Colthorpe, R J Dolley, P J Heal, F W Letch, B A Moore, Mrs J Roach, J D Squire and R L Stanley made declarations in accordance with the Protocol of Good Practice for Councillors Dealing in Planning Matters as they had all received correspondence regarding the application;
iii) Cllr Mrs F J Colthorpe declared a personal interest as one of the objectors was known to her;
iv) Cllr R J Dolley declared a personal interest as the applicant and the objectors were known to him;
v) Cllr Mrs J Roach declared a personal interest as some of the objectors were known to her;
vi) Dr Lovell spoke on behalf of the objectors;
vii) Janine Banks spoke as Agent;
viii) Cllr Milner spoke on behalf of the Parish Council;
ix) Cllr Mrs H Bainbridge requested that her vote against the decision be recorded;
x) Cllr R J Dolley requested that his abstention from voting be recorded;
xi) The following late information was reported: Further information on behalf of the applicant addressing objections in respect of Design and Access Statement, access proposals and visibility. Further information on behalf of the applicant addressing objections in respect of the drainage strategy. Further objection setting out comments from DCLG in respect of determining applications. The additional information and objections add nothing material that has not been considered and commented on in the committee report.
(b) No 2 on the Plans List (17/00300/MOUT – outline for the erection of 30 dwellings and new vehicular and pedestrian accesses – land at NGR 305578 112053 Uffculme Road, Uffculme).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the outline application which included the access to the site. She explained that the plan shown on the front of the report had been amended so that the land for the proposed footway and internal road from the access point could be included. The revised location plan was considered along with the proposed access that had been already approved within the application at Harvesters which had been granted at appeal, the amendments to the 30 mph speed limit and the indicative layout which demonstrated that 30 dwellings would be achievable on the site. Members also viewed photographs from various aspects of the site.
Consideration was given to:
· The recent appeal at Harvesters
· Whether 30 additional dwellings on the site would have a detrimental impact on Uffculme
· The lack of a 5 year land supply and the timing of the Local Plan examination and what weight the plan held at the current time
· The impact of the development on the village of Uffculme
· Planning policy and continued development in the countryside
RESOLVED that Members were minded to refuse the application and therefore wished to defer the decision to allow for a report to be received setting out the implications for the proposed reasons for refusal based on the following issues:
· The application was outside the settlement limit and contrary to Local Plan policy relating to housing provision
· The cumulative impact of the development alongside the adjacent site would lead to a detrimental impact upon the rural character of the area as a result of the ribbon form of development
· Effect of closing the existing gap between Uffculme and the industrial estate
(Proposed by Cllr Mrs J Roach and seconded by Cllr R L Stanley)
(Vote 6 for; 5 against)
Notes:
(i) Cllr R J Dolley declared a personal interest as the applicant was known to him;
(ii) Cllr Mrs F J Colthorpe declared a personal interest as the Halberton Parish Councillor was known to her;
(iii) Cllrs R Evans and Mrs J Roach made declarations in accordance with the Protocol of Good Practice for Councillors Dealing in Planning Matters as they had received correspondence regarding the application;
(iv) Cllr Hignell (Halberton Parish Council spoke);
(v) Cllr R F Radford spoke as Ward Member;
(vi) Cllr R Evans spoke as an adjacent Ward Member;
(vii) Cllrs Mrs H Bainbridge, Mrs F J Colthorpe, P J Heal, F W Letch and J D Squire requested that their vote against the decision be recorded.
(c) No 3 on the Plans List (17/00395/FULL – erection of a barn to house flexible generation and energy storage plan with associated infrastructure, access, cable route and landscaping – land and building at NGR 280066 113155 (Woodford Farm), Witheridge).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the application site, the proposed site plan, the main buildings and the ancillary building, the scope of the cable to the substation, the elevations and floor plan and the proposed landscaping and additional screening. Members also viewed photographs from various aspects of the site. He explained that the fuel source for the generation of power had now been amended to gas only.
Consideration was given to:
· The operational hours the generators would be expected to run
· The noise impact
· Whether there was a business case for the flexible generation of energy when the National Grid required additional demand
· Whether this was industrialisation in the countryside
RESOLVED that planning permission be refused as recommended by the Head of Planning and Regeneration.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)
Notes:
(i) Cllrs Mrs F J Colthorpe, P J Heal and Mrs M E Squires declared personal interests as the applicant was known to them;
(ii) Mr Scott spoke on behalf of the CPRE in objection to the application;
(iii) Ms Lodge (Agent) spoke;
(iv) The Chairman read a statement on behalf of Cllr Mrs J B Binks (Ward Member);
(v) Cllr Mrs M E Squires spoke as Ward Member;
(vi) The following late information was reported:
8th May 2017- Consultation response received from Witheridge Parish Council- No objection subject to verification the proposal will not impact on the amenity of the proposed 65 houses to be sited on land east of Butts Close Witheridge (Tiverton side of the adventure playground); specifically noise and diesel fumes from operation of the proposed generators.
In response, the applicants have submitted a letter from the Air Quality Consultants confirming that the assessment has considered the impacts on the proposal on sensitive receptors i.e. residential properties to the north and south boundary of the site. They conclude that it is demonstrated that the air quality effects of the proposed dual- fuel flexible generation and energy storage barn at Woodford Farm on the proposed residential development on the land south of Butts Close will be insignificant.
Following feedback and comments from the local community in regards to the use of diesel, the applicant is prepared to make a commitment to operate the site on gas only thereby directly addressing their concerns.
Officer comment: This does not change our assessment of the application as gas is not a renewable energy and as such the proposal does not support objectives to increase renewable energy capacity in accordance with policies COR1 and COR5 of the Mid Devon Core Strategy and DM5 of the Local Plan part 3 (Development Management Policies). Should members be minded to approve the proposal on this basis they could include a condition to restrict the operation of the site to gas only.
(d) No 4 on the Plans List (17/00407/FULL – (Variation of conditions 5, 6, 15, 23, 27, 28, 31, 32, 34 and 35 to allow certain works to be undertaken before additional details are submitted to the Local Planning Authority, to phase the Construction Management Plan/s and to enable works to be carried out before the tree and hedgerow protection fencing is erected; and removal of conditions 24 and 26 (duplication of the requirements of other conditions) of planning 13/000947/MOUT – land at NGR 305036 11372 (Junction 27) Sampford Peverell).
The Area Planning Officer outlined the contents of the report by way of presentation explaining the history of the site, the outline application that had been approved and the Reserved Matters application approved by the Committee in February 2017, she explained that the applicant was seeking to vary the conditions within the outline application. She highlighted the site location and Members viewed photographs from various aspects of the site.
She addressed the questions posed in public question time stating that the outline application referred to was that of 2013 and it was the conditions within that application which required variation. The application of 1995 was no longer valid. She added that each application had to be accessed on its merits. The Government set out the statutory timescales for the start of development, Condition 1 reflected this. The contents of the original condition 13 were now reflected in Condition 10.
Consideration was given to:
· Whether it was the role of the committee to protect the applicants interests
· Should the commercial interests of the applicant be considered
· The requirements of the conditions
· Whether the Committee Members would be pre-determining any future applications on the site
· The draft Neighbourhood Planning Bill
· The requirement for legal advice on the matter of determining the application because of the wider issues on the site
RESOLVED that the application be deferred so that legal advice could be obtained with regard to:
· The legal implications of decision making with regard to this application
· Whether the Committee were at risk of being accused of pre-determination
· The process of changing conditions on a previously approved planning application.
(Proposed by Cllr Mrs J Roach and seconded by Cllr R L Stanley)
Notes:
(i) Cllrs Mrs H Bainbridge and Mrs C A Collis spoke as Ward Members;
(ii) Cllr R Evans spoke as an adjacent Ward Member;
(ii) Cllrs Mrs F J Colthorpe and P J Heal requested that their vote against the decision be recorded;
(iv) Cllr Mrs H Bainbridge requested that her abstention from voting be recorded.
Supporting documents: