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 (14/01915/FULL – Variation of Condition 10 of Planning Permission 14/00575/MFUL to allow for the erection of an Anerobic Digestions (1,000Kw installed capacity) Facility –Land at NGR 283096 113579 (Menchine Farm, Nomansland)
The Area Planning Officer outlined the contents of the report informing Members that this application had already been appealed for non-determination and therefore Members were requested to consider what decision they would have come to if they had been able to consider the application. He outlined the history of the site and the result of the previous appeal that had been granted planning permission at appeal. Members considered the site location plan and an aerial photograph, and received information regarding the increase in feedstock required to increase the fuel production. The officer explained that there was he felt a lot of outstanding issues that needed to be addressed and therefore he was recommending refusal of the application as set out in the report.
He considered the questions put forward at the beginning of the meeting, he agreed that there was a certain amount of uncertainty with regard to the feedstock, including: where they were coming from and the number of trips to the site. He added that with regard to the pollution issues, he was aware of these and that they were being dealt with by the Environment Agency.
Consideration was given to where the additional feedstock was coming from, whether there were any binding agreements with farms who were supplying the plant; the imposition of the application on local residents, the impact on the roads surrounding the site and proposed vehicle movements. A number of Members asked whether the application could be refused having regard to Development Management Policies DM6 and DM22.
RESOLVED that had the Committee had the opportunity to determine the application the application would have been refused for the following reasons:
In the opinion of the Local Planning Authority (LPA) it is considered that there is insufficient information available to be able to accurately predict, and subsequently control, the likely increase in movements on the highway that would arise, and the nature of the vehicles involved in the transportation process to and from the application site, and how it would affect the environmental amenity of near properties and the local environment (in terms of noise, congestion and general disturbance. On this basis the application proposals are considered to be contrary to policies: DM1, DM2, DM5 and DM7 of Mid Devon Local Plan Part 3 (Development Management Policies).
(Proposed by Cllr Mrs M E Squires and seconded by Cllr P F Williams)
Notes:
Cllr R F Radford declared a Disclosable Pecuniary Interest as a chicken farmer and that he may in future be involved in the production of feed for the AD plant and therefore left the meeting during the discussion thereon;
Cllrs M D Binks, Mrs F J Colthorpe, E G Luxton, R L Stanley, Mrs M E Squires and K D Wilson all declared personal interest as they either knew the applicant and/or local residents;
Cllrs Mrs H Bainbridge, M D Binks, Mrs D L Brandon, Mrs F J Colthorpe, A V G Griffiths, P J Heal, Mrs L J Holloway, D J Knowles, E G Luxton, R F Radford, J D Squire, Mrs M E Squires, R L Stanley, K D Wilson and P F Williams made declarations in accordance with the Protocol of Good practice for Councillor dealing in planning matters as they had received correspondence regarding this application;
Miss Coffey (Templeton Parish Council) spoke in objection to the application;
Cllr Mrs Smyth (Cruwys Morchard Parish Council) spoke;
Cllr Mrs M E Squires spoke as Ward Member.
b) No 2 on the Plans List (14/02116/FULL – Erection of retail store, formation of access, car parking and service area with landscaping and associated works – land at NGR 303843 111382 (Mid Devon Business Park), South View, Willand).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the location plan, an aerial photograph which outlined the existing industrial units in the area and the residential accommodation close to the site. The proposed site plan identified the pedestrian footway, bollards, road crossing points and pedestrian refuge provision. The proposed elevations of the proposed development were highlighted and photographs were shown from various aspects of the site.
Consideration was given to: the need to address sensible pedestrian crossing points, the narrowness of the island at South View Road; that the Parish Council and local residents were pleased with the development but had concern regarding pedestrian safety; the possibility of the provision of an illuminated zebra crossing on South View Road and the cost of any such provision.
RESOLVED that this application be deferred to allow for discussions to take place with the applicant with regard to the provision of a zebra crossing and/or illuminating the existing crossing point on South View Road
(Proposed by Cllr R L Stanley and seconded by Cllr R F Radford)
Notes:
Cllrs Mrs D L Brandon, Mrs F J Colthorpe, R Evans and R F Radford made declarations in accordance with the Protocol of Good practice for Councillor dealing in planning matters as they had received correspondence regarding this application;
Cllr R Evans and Mrs D L Brandon spoke as Ward Members;
The Chairman read a message from Cllr R J Chesterton;
Mr Ingram (Agent) spoke;
Cllr Warren (Willand Parish Council) spoke;
Mr Sorenson (Devon County Council – Highway Authority) spoke;
The following late information was reported: 1 further objection summarised as follows: Further correspondence from DCC Highways – Email dated 3rd March 2015 to Local Ward Member and copied to MDDC – I have spoken to the safety team and given the Traffic flows and the existing facilities, it is felt to be adequate for the development and it would be unreasonable to impose a condition for controlled crossings and given the evidence I could not justify such a condition at appeal. I will look at the existing crossings to ensure they are adequately constructed, e.g. tactile provision etc. and if they fall short their upgrade to current best practice would I feel be reasonable.
Email dated 4th March 2015 - Further to My email yesterday I visited the site and can confirm that the current crossing facilities are to current standards and no additional works will be required. If the developer wishes to make a magnanimous gesture and offer zebra crossing facilities they will probably be feasible from a technical perspective. But would need to be a good will gesture by the developer. I would be happy to work with the developer if they so wish to make the gesture
Update on drainage – following the consultation response from the Environment Agency, the applicant has confirmed that the finished floor level will be 82.35AOD and the EA have confirmed that this is acceptable. There are no outstanding drainage issues.
Update on amenity of nearby residents – The formal response of Env Health was received just as the agenda was published so consultation response was able to be published on the agenda. EH were specifically asked to consider the noise from generators, deliveries etc. They have advised that they have no objections to the proposals and therefore the impact on amenity is considered to be acceptable.
c) No 3 on the Plans List (15/00069/FULL - Creation of new farm entrance – land and buildings at NGR 271138 108264 (Road from West Barton Cross to Eggesford Cross, Nymet Rowland).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the new entrance to the farm yard, the existing access next to the listed church, site location plans, the existing site layout and photographs from various aspects of the site. It was generally felt that the new entrance would improve the setting of the listed church and no objections had been received from the Highways Authority.
Consideration was given to: the topography of the site, the steepness of the existing entrance and that the new entrance would enable lorries to enter the yard, rather than be unloaded from the road; the new entrance would be 40 metres away from the church and therefore would have little impact on the Grade 1 listed building; the views of the Conservation Officer and whether English Heritage had been consulted.
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning and Regeneration, with an amendment to the conditions to include a requirement for the replacement hedging along the visibility splays to be planted with native species.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)
Notes:
Cllrs P J Heal and J D Squire declared personal interest as the applicant was known to them;
Cllr Mrs M E Squires made a declaration in accordance with the Protocol of Good practice for Councillors dealing in planning matters as she had received correspondence regarding this application as the local County Councillor;
Mr Smith spoke in objection to the application;
Cllr K D Wilson requested that his vote against the decision be recorded;
Cllrs M D Binks, Mrs M E Squires and P F Williams requested that their abstention from voting be recorded.
Supporting documents: