Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.
Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.
Decision Maker: Cabinet
Made at meeting: 30/03/2017 - Cabinet
Decision published: 04/04/2017
Effective from: 08/04/2017
Decision:
Arising from a * report of the Chief Executive and Director of Growth the Economy Policy Development Group had recommended that the Council did not update and reprint the walking leaflets as originally produced by the Council in the 1990’s but that contact be made with Town and Parish councils to offer them any source material/copyright possible in order to allow them to use local knowledge to update and then reprint as they felt appropriate.
The Cabinet Member for Planning and Economic Regeneration explained that previous walking guides had been very popular and that there had been requests that such guides be reproduced. The Leader felt that guides based on the 3 main areas of the district could be produced and would aid the corporate priorities with regard to public health and tourism, he felt that sponsorship could be gained with local businesses adverting in the guides and that a combination of Options C and D within the report was the way forward.
Consideration was given to:
· That the work could take place in line with the Tourism Action Plan
· Contact could be made with Devon County Council’s Rights of Way Officers
· Distribution Networks
RESOLVED that Options C and D within the report be progressed.
(Proposed by the Chairman)
Notes:
i) Cllr R J Chesterton declared a personal interest as Chair of the LEADER Group;
ii) * Report previously circulated, copy attached to minutes.
Decision Maker: Cabinet
Made at meeting: 30/03/2017 - Cabinet
Decision published: 04/04/2017
Effective from: 08/04/2017
Decision:
Arising from a * report of the Chief Executive and Director of Growth, the Economy Policy Development Group had recommended
a) The Schedule of Tolls be approved with adoption from 1 April 2017;
b) The Schedule of Tolls be reviewed annually with the next review presented to the Economy Policy Development Group in March 2018.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that there was a need to standardise the market’s pricing policy in a formal way within a schedule of tolls. He outlined the changes from the previous schedule and the benchmarking that had taken place with other markets.
Consideration was given to:
· Comparisons with other markets
· The distribution of charity stalls
RESOLVED that the recommendation of the Policy Development Group be approved subject to an additional clause (c) stating that delegated authority be given to the Chief Executive and Director of Growth in consultation with the Cabinet Member for Planning and Economic Regeneration to clarify the wording with regard to charity stalls and pop up stalls.
(Proposed by Cllr R J Chesterton and seconded by Cllr R L Stanley)
Note: * Report previously circulated, copy attached to minutes.
Decision Maker: Cabinet
Made at meeting: 30/03/2017 - Cabinet
Decision published: 04/04/2017
Effective from: 08/04/2017
Decision:
Arising from a * report of the Director of Corporate Affairs and Business Transformation, the Homes Policy Development Group had recommended that that the revised Private Sector fees and charges be approved.
The Cabinet Member for Housing outlined the contents of the report stating that the Private Sector Housing Team carried out duties to ensure that private accommodation met minimum standards in particular there were regulations for licensing, management and use of house in multiple occupation, carbon monoxide detectors, smoke alarms and hazards within the home. The report outlined the need to revise the fees and charges for these statutory and discretionary services.
RESOLVED that the recommendations from the Policy Development Group be approved.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs M E Squires)
Notes:
i) Cllr C J Eginton declared a personal interest as he was a private landlord;
ii) * Report previously circulated, copy attached to minutes.
Decision Maker: Cabinet
Made at meeting: 30/03/2017 - Cabinet
Decision published: 04/04/2017
Effective from: 08/04/2017
Decision:
Arising from a * report of the Waste and Transport Manager, the Environment Policy Development Group had recommended that the following be approved:
a) Land according to EPA be categorised.
b) Current productivity of service be measured.
c) Cost option for output frequency rather than input.
d) Cost different frequencies options(less and more) for the mechanical street sweeping service.
e) Check schedules against adopted highways maps and address any anomalies.
f) Reroute schedules into zones so all mechanical sweepers work in the same area at the same time.
g) Map and review Parish Sweeper routes and evaluate efficiency.
h) An additional two person parish sweeper team is introduced at cost of £54,500 p.a.
i) Risk-assess all high speed roads that are litter picked.
j) Litter picking of the two high speed road verges is reinstated and undertaken twice per year and laybys every two months.
k) A review of weekend sweeping is undertaken and costed.
l) Benchmark the cost effectiveness of town council work/grants and review the routes to ensure that is not duplicating work done by the District Council’s cleansing service.
m) If these working arrangement are to continue, provide a service level agreement for three years from April 2018.
n) If these working arrangements are to continue, inform Town Clerks of future training so their operatives may attend also.
o) Re-introduction of using NI195 criteria to assess street cleanliness by District Officers once a quarter.
p) New transfer station to include a skip for road sweepings so they can be composted.
q) Purchase three split recycling litter bins one for each town centre to assess their success.
r) Continue to encourage voluntary groups and investigate whether litter picking groups would be happy to litter pick where advised by Parish/Town/District Councils.
s) Review all existing bin locations and conduct a condition survey.
t) Pressure wash clean all bins once a year.
u) Introduce “Any bin will do!” stickers on litter bins.
v) Street Cleaners to report any bins that are frequently filled with household waste, for District Officers to investigate.
w) Regular contact with estates to effective joint working.
x) District Officers and Town Councils to meet once a month to discuss issues.
y) MDDC to sign the Memorandum of Understanding with Highways England.
z) Create an “online look up” for street sweeping schedules.
The Cabinet Member for the Environment outlined the contents of the report stating that the aim of the review was to establish the current service arrangements and to identify options for improving performance and efficiency. Benchmarking had been undertaken with other local authorities and against known best practice. He explained the consultation process that had taken place with Town and Parish Councils and partner agencies and the priority areas covered within the review.
Consideration was given to:
· The renaming of the two person parish sweeper team to save confusion and that it should be known as the “two person litter busters team”
· Whether we were legally required to wash the town centre pavements
· Further communication with Town and Parish Councils encouraging local litter picking groups
· Liaison with the Highway Authority regarding programmed main road closures so that litter picking could take place in those areas at the same time
· Issues with youths and litter in the multi-storey car park
· Training for Town Council litter pickers
RESOLVED that subject to an amendment to reword recommendation (h) so that it read “An additional two person litter busters team be introduced at a cost of £54,500pa” the recommendations of the Policy Development Group be approved.
(Proposed by the Chairman)
Note:
i) Cllr C R Slade declared a personal interest as he was a Tiverton Town Councillor;
ii) * Report previously circulated, copy attached to minutes.
Decision Maker: Cabinet
Made at meeting: 30/03/2017 - Cabinet
Decision published: 04/04/2017
Effective from: 08/04/2017
Decision:
The following motion had been forwarded to the Cabinet for discussion:
This Council resolves to enter into an agreement with Tiverton Town Council to retain at Tiverton Town Hall all the paintings currently on display at Tiverton Town Hall, either by way of long term loan or transfer to Tiverton Town Council, subject to the necessary insurance and security being maintained.'
The Chairman invited Cllr D J Knowles to present his motion to the meeting.
Cllr Knowles outlined the history of some of the paintings in the Town Hall and explained how popular they were with visitors who were shown around the building. He felt that the paintings were part of the history of the town and that they should remain in the Town Hall. The Town Council were purchasing the building and he felt that the contents should have been included in the agreement.
Discussion took place regarding:
· The outcome of a meeting of the Capital Strategy Asset Management Group which had agreed that the remaining paintings should be loaned to the Town Council
· Whether the paintings could have plagues attached to them outlining their history
It was therefore
RECOMMENDED to Council that the Motion 535 be supported.
andRESOLVED that the remaining paintings (outside the original agreement) be loaned to Tiverton Town Council subject to the necessary insurance and security being maintained by the Town Council.
(Proposed by the Chairman)
Notes:
i) Cllr C R Slade declared a personal interest as a Tiverton Town Councillor.
ii) * Report previously circulated, copy attached to minutes.
Decision Maker: Cabinet
Made at meeting: 30/03/2017 - Cabinet
Decision published: 04/04/2017
Effective from: 30/03/2017
Decision:
The minutes of the previous meeting held on 2 March 2017 were approved as a true record and signed by the Chairman.
Decision Maker: Planning Committee
Made at meeting: 29/03/2017 - Planning Committee
Decision published: 03/04/2017
Effective from: 29/03/2017
Decision:
The Committee had before it a report * of the Head of Planning and Regeneration to consider whether a Tree Preservation Order should be confirmed in light of the objection received.
The Head of Planning and Regeneration outlined the contents of the report by way of presentation identifying the tree in question.
RESOLVED that the Tree Preservation Order be confirmed.
(Proposed by Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)
Note-: *Report previously circulated copy attached to minutes.
Decision Maker: Planning Committee
Made at meeting: 29/03/2017 - Planning Committee
Decision published: 03/04/2017
Effective from: 29/03/2017
Decision:
The Committee had before it a report * of the Head of Planning and Regeneration to consider proposed changes to the S106 agreement entered into in relation to this planning permission.
The Head of Planning and Regeneration outlined the contents of the report stating that the Planning Committee agreed the Heads of Terms and that the amendments requested by the developer related to the finer details of the precise wording worked up by officers. She outlined the headline proposed amendments:
· With regard to the Gypsy and Travellers site, she felt that it was appropriate to move the trigger for occupation from 200 dwellings to 260 dwellings in so far that it left a balance of 70 dwellings of market dwellings to be occupied after the Gypsy and Traveller pitches were in place, there being a sufficient number of dwellings remaining that the development would not cease.
· She felt is also appropriate to look at the timing of the financial contributions proposed as this meant that some of the contributions would come forward earlier than originally proposed.
· The Council was proposed to be the affordable housing provider and therefore an amendment be made to discharge market housing developers from all affordable housing requirements upon completion of the Councils land purchase of part of the site. There was also an amendment sought by the applicant to terms in the event that the Council did not purchase the land.
Consideration was given to:
· Whether the Gypsy and Traveller pitches would remain on the site for the time being;
· The construction traffic route for the development
RESOLVED that
(Proposed by Cllr P J Heal and seconded by Cllr B A Moore)
Notes-:
i) Cllr R L Stanley declared a personal interest as he had been in discussion with the developer and would be abstaining from voting on this matter;
ii) Cllr D J Knowles declared a personal interest as some of the objectors were known to him;
iii) Cllr R L Stanley requested that his abstention from voting be recorded
iv) *Report previously circulated copy attached to minutes.
Decision Maker: Planning Committee
Made at meeting: 29/03/2017 - Planning Committee
Decision published: 03/04/2017
Effective from: 29/03/2017
Decision:
The Committee had before it a report * of the Head of Planning and Regeneration regarding the above planning application that had a resolution to grant planning permission subject to a S106 agreement and a range of conditions. Subsequent negotiations with the applicant over the S106 provisions, conditions as drafted and in light of the most up to date position over the funding and delivery of the A361 junction had resulted in proposed changes to the S106 and conditions; these required Planning Committee consideration.
The Head of Planning and Regeneration outlined the contents of the report highlighting by way of presentation the site area plan and boundary, the illustrative layout and areas A and B. She reiterated the junction delivery issues discussed prior to this item and the impact that this had had on the Chettiscombe Trust application. She outlined the proposed changes to the Section 106 agreement as set out in the report:
· The highway plans
· The timings for the junction
· The link to Blundells Road that had to be secured
· The need for a condition to state that no part of the development should be occupied until Phase 1 of the junction as complete
· The revised highway package (LILO) would serve both the Chettiscombe and Waddeton areas, the employment land and the school.
· The conditions to be amended
· The deletion of Condition 12
· The consideration of an offsite contribution towards a Gypsy and Traveller site
Consideration was given to.
· The terms of the Council loan
· The detail of the masterplan
· Traffic movements
· Implications for Junction 27 of the M5 and the junction upgrade that had taken place
· The construction haul route onto Area A and the use of the southern slips
· Access to Area B
· Delegating authority to deal with any amendments to the timing of financial contributions
RESOLVED that
1. the S106 agreement resolution be amended to:
i) Secure the payback arrangements for the Mid Devon District Council loan (with interest) which will assist forward funding of the first phase of the A361 junction.
(ii) Secure the delivery of the linking road between the new A361 junction and Blundell’s Road within 12 months of the sale of sufficient land on the application site to fund the construction of the linking road;
iii) Allow for a financial contribution to be made towards the off-site provision of gypsy and traveller pitches including the cost of land acquisition. This is in lieu of on-site pitch provision.
iv) Grant delegated authority to the Head of Planning and Regeneration in consultation with the Chair and Vice Chair of Planning Committee to amend the timing of financial contributions secured through the S106 agreement if necessary in order to balance the need to secure payments in a timely manner with the cash flow / viability of the development to secure its delivery.
2. That in the event S106 negotiations are unable to secure iii) above (an acceptable level of financial contribution towards the off-site provision of gypsy and traveller pitches), delegated authority be given to the Head of Planning and Regeneration to refuse planning permission.
3. To amend the list of conditions as follows:
i) Condition 1 to be amended to allow reserved matters applications to be submitted on a phase-by-phase basis. Amended wording as follows:
‘Before any part of a phase of the development hereby permitted is begun, detailed drawings to an appropriate scale of the layout, scale and appearance of the building(s), and the landscaping of the relevant phase (hereinafter called the Reserved Matters) shall be submitted to and be approved in writing by the Local Planning Authority’
Reason: To ensure the timely delivery of a complex site which will be sold to and developed by a multiple number of developers. The proposed wording allows reserved matters to be submitted on a phased basis.
ii) To amend draft Condition 3 to allow reserved matters application for the first phase of the development to be submitted within four years of outline planning consent. The amended wording as follows:
‘Application(s) for approval for the Reserved Matters relating to the first Phase shall be made to the Local Planning Authority before the expiration of four years from the date of this permission and shall accord with the guiding principles as set out at section 3.3 of the adopted Masterplan’.
iii) To add an additional condition to allow all reserved matters applications to be submitted within ten years of outline planning consent. The following wording is proposed:
‘Application(s) for approval for all Reserved Matters shall be made to the Local Planning Authority before the expiration of ten years from the date of this permission and shall accord with the guiding principles as set out at section 3.3 of the adopted Masterplan’.
iv) To amend draft Condition 4 to allow commencement of development on the first phase and subsequent phases either within five years of outline consent or within two years of the approval of the last reserved matters relating to that phase. The following wording is proposed:
‘The first and subsequent phases of the development hereby permitted shall be begun either before the expiration of five years from the date of this permission, or before the expiration of two years from the date of approval of the last of the Reserved Matters relating to that phase which have been approved, whichever is the latter’
v) To amend Condition 10 as follows:
There be no occupation of development within the application site until the first phase of the A361 road junction (known as the ‘left in, left out southern slips) and linking road between the new A361 road junction and Blundell’s Road consented under planning permission 14/00667/MFUL have been constructed, are complete and made available for public use.
REASON: To ensure that the A361 left in, left out southern part of the junction together with road linking to Blundell’s Road is available in advance of the occupation of development in order to accommodate traffic attracted to the site in the interests of the safety of users of the public highway and to protect the amenities of the nearby residents and the amenities and character of the area in accordance with the National Planning Policy Framework’.
vi) To delete Condition 12 relating to the provision and timing of a road to the boundary of the site with Area B.
vii) That delegated authority be given to the Head of Planning and Regeneration to amend other conditions as necessary to take account of development coming forward in phases.
4. That Members note that, due to the lack of available LEP funding , the strategic development is now being delivered in two phases to maximise the availability of time-limited infrastructure funding while securing growth delivery. The northern part of the junction will be delivered in association with the remainder of the EUE allocation, to be the subject of future infrastructure bidding rounds.
(Proposed by the Chairman)
Notes-:
i) Cllrs R J Dolley, D J Knowles and R L Stanley declared personal interests as they knew some of the objectors;
ii) Cllrs N V Davey, D J Knowles and R L Stanley spoke as Ward Members;
iii) Cllr Dolley requested that his vote against the decision at 1 (i) be recorded;
iv) Decision 1 (iv) was recorded as Chairman’s casting vote (5 for; 4 against);
v) Cllr D J Knowles requested that his abstention from voting on decision 3 (vi) be recorded;
vi) *Report previously circulated copy attached to minutes.
Decision Maker: Planning Committee
Made at meeting: 29/03/2017 - Planning Committee
Decision published: 03/04/2017
Effective from: 29/03/2017
Decision:
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 5 on the Plans List (17/00209/HOUSE – External alterations to include alterations to roof and installation of ground mounted solar panels – 4 Blundells Avenue, Tiverton) be granted planning permission subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by the Chairman)
(b) No 1 on the Plans List (16/01362/FULL – Conversion of 5 redundant agricultural buildings to 5 dwellings – land and buildings at NGR 279371 101700 (Spencecombe), Crediton).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the site location plan. He identified the buildings in question, the access to the courtyard, existing and proposed floor plans and the proposed elevations. He explained that the two open fronted linhays at B and C on the plans did not meet with Policy DM11 and stated that 4 dwellings on the site would be acceptable and have less impact on the setting of the listed building. Members viewed photographs from various aspects of the site.
Consideration was given:
· The increase in vehicles on the site
· How a 4th unit would be formed
· The impact on the setting of the listed building
· The need to maintain the barns in some form in the courtyard
· The fact that the linhays were not suitable for modern agriculture
RESOLVED that the application be deferred for a site visit by the Planning Working Group to consider whether 5 units rather than 4 units on the site would be acceptable and to also consider the impact of the associated number of vehicles on the site.
(Proposed by Cllr P J Heal and seconded by Cllr J D Squire)
Notes :
i) Cllrs D R Coren and P J Heal made declarations in accordance with the Protocol of Good Practice for Councillors in dealing with Planning matters as they had been involved with discussions regarding the application and had attended Parish Council meetings where the application had been discussed;
ii) Cllr P J Heal and F W Letch declared personal interests as the applicant and his family were known to them;
iii) Mr Garside (Agent) spoke;
iv) Cllr D R Coren and P J Heal spoke as Ward Members;
v) The following late information was reported: The applicant’s agent has circulated a submission to members, and the following is a summary response to the points raised as already articulated in the committee report.
1. The agent challenges if the buildings are listed, taking into account the relevant factors as set out below you officers are of the view that the buildings are curtilage listed:
· The buildings are pre 1948.
· The farm buildings have a close physical relationship with the farmhouse. The farmhouse is called a farmhouse because it has an associated farm holding and associated farm buildings - i.e. the buildings the subject of the application.
· The farm buildings are in the same ownership and have historically been in the same ownership as the farmhouse.
· The use of the farm buildings was historically and is currently directly related to the farm holding and the farmhouse.
· It is inconceivable that the farm buildings have any reason for being other that related to the farmhouse which is adjacent.
· The farm buildings are subordinate to the farmhouse.
2. The agent challenges the views expressed about the Linhay buildings. The architectural design of Linhay conversions is very often complicated. They are commonly very fragile buildings that require considerable reconstruction. This is because they are open fronted and open to weather impacts. The survey work that is referred to by the applicant was carried out in 2015. It was not a full structural survey. It was observational only. There are many caveats in the report that raise more questions about the extent of works required and these have not been properly addressed. The requirement of the policies for barn conversions require more than this as evidence of the structural condition and the works required to repair and/or reconstruct. The design for conversions does not ‘retain the original character’ of the linhays as required by policy.
3. The agent challenges the assertions made about in the officer report about the parking arrangements and makes further comments /suggestions how this issue could be redressed. The comments do not, in the view of officers, address their serious concern that the proposal will have a significant adverse impact on the setting/surroundings of the courtyard group as set out in the report. Harm accrues from a number of factors that are discussed in the officer’s report. It is not just one matter that if amended will overcome the concerns.
4. The conversion of three of the barns does not give raise to concerns. These are supportable. The objections are raised with the works to the linhays are for design and structural reasons and for reasons associated with the impact of the conversions to create a fifth dwelling which will have a negative impact on the setting of the group for a variety of explained reasons in the report. Officers have sought to be proactive in achieving an agreed solution on this basis but this has been rejected by the applicant.
(c) No 2 on the Plans List (16/01772/FULL – Outline for the erection of up to 40 dwellings (including affordable housing), public open space and associated infrastructure – Land at NGR 313382 113489, Culmstock Road, Hemyock).
The Area Planning Officer outlined the contents of the report highlighting by way of presentation the location of the site outside of the defined settlement boundary, the indicative masterplan for the site with all matters except for access reserved. Plans were shown of the accesses to the site, for vehicles and pedestrians and the realignment of the footway and verges proposed. She provided information regarding the South West Water response which had been omitted from the report and Members viewed photographs from various aspects of the site.
Consideration was given to:
· The number of dwellings in Hemyock that had planning permission but that had not been built out
· Concerns of the residents with regard to the infrastructure for the development
· The capacity of local services
· The housing need in the area
· Continued discussions by the developer with residents with regard to design
· The support for the development by the Parish Council
· Whether the design was compatible with the Area of Outstanding Natural Beauty
· The travel plan associated with the application
· The passing places identified within the application
RESOLVED that planning permission be granted subject to the provision of Section 106 Agreement/Unilateral Undertaking to secure
a) 35% affordable housing (14 dwellings, tenure and mix to be agreed);
b) Financial contributions towards primary, early years and secondary education totalling £178,540;
c) A minimum of 3 hectares of public open space/green infrastructure to be offered to Hemyock Parish Council together with a commuted sum for maintenance (to be agreed); to provide allotments, community orchard and ancillary public open space.
d) A financial contribution of £15,000 towards provision of passing places on the road between Culmstock and Hemyock;
e) A travel plan to reduce the reliance on private motor vehicles.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)
Notes:
i) Cllr R L Stanley declared a personal interest in the application as he had met with the applicant on a number of occasions and stated that he would be abstaining from voting;
ii) Mr Barton spoke on behalf of the objectors;
iii) Mr Steele-Perkins (Applicant) spoke;
iv) Cllr Clist spoke on behalf of the Parish Council
v) Cllr F J Rosamond spoke as Ward Member;
vi) Cllr R L Stanley requested that his abstention from voting be recorded;
vii) The following late information was recorded:
20th November 2016 - The applicant’s agent is advised to contact South West Water if they are unable to comply with our requirements as detailed below:-
Asset Protection - A plan showing the appropriate location of a public sewer in the vicinity. Please note that no development will be permitted within 3 metres of the sewer, and ground cover should not be substantially altered.
Should the development encroach on the 3 metre easement, the sewer will need to be diverted at the expense of the applicant. The applicant/agent is advised to contact the Developer Services Planning Team to discuss the matter further.
Clean Portable Water - South West Water is able to provide clean potable water services from the existing public water main for the proposal.
Foul Sewerage Services - South West Water advises a Planning Condition to emphasise that: Foul drainage from the Development (and no other drainage) shall be connected to the public foul or combined sewer.
Reason: To ensure the discharge of drainage from the Development shall not be prejudicial to the public sewerage system and ensure there are adequate public foul sewerage facilities to receive foul water flows, in order to safeguard the public and environment.
Surface Water Services - The statutory Water and Sewerage Undertaker supports the Planning Policy Guidance for Flood Risk & Coastal Change statement, To accompany its planning application, the applicant must demonstrate how its proposed development will have separate foul and surface water drainage systems and not be detrimental to existing infrastructure, the public and environment (and that any provisions for protecting infrastructure have been agreed with SWWL as service-provider). The applicant should demonstrate to the Local Planning Authority that its prospective surface run-off will discharge as high up the hierarchy has been addressed, and reasoning as to why any preferred disposal route is not reasonably practicable):
1. Discharge into the ground (infiltration); or where not reasonable practicable, Provide written evidence as to why infiltration devices, including Soakaways, Swales, Infiltration Basins and Filter Drain do not meet the design standards as specified in either H3 Building Regulation standards for areas less than 100m2. Soakaways serving larger areas must meet the design standard specified in BS EN 752-4 (para 3.36) or BRE Digest 365 Soakaway Design.
2. Discharge to a surface waterbody; or where not reasonable practicable, Provide written evidence for refusal of discharge consent from owner of water body (Environment Agency, Local Authority, Riparian Owner etc.).
3. Discharge to a surface water sewer, highway drain, or another drainage system; or where not reasonably practicable, Provide written evidence for refusal of discharge to drainage system (Highway Authority, Environment Agency, Local Authority, Private ownership).
4. Discharge to a combined sewer (Subject to Sewerage Undertaker carrying out capacity evaluation) South West Water will carry out a hydraulic capacity review of the combined sewerage network before permission will be granted to discharge to the combined sewer.
Having reviewed the applicant's current information as to proposed surface water disposal for its development, please not that method proposed to discharge into the ground (infiltration) is acceptable and meets with the Run-Off Destination Hierarchy. However, should this method be amended, SWWL will require clear evidence to demonstrate why the preferred methods listed within the Run-Off Destination Hierarchy have been discounted by the applicant.
28th March 2017 – Blackdown Hills AONB
The AONB Partnership is appreciative of the Council for commissioning an independent review of the LVIA for this application in the absence of its own in-house landscape expert, which we believe demonstrates the required ‘regard’ to the AONB designation under Section 85 of the Countryside and Rights of Way Act.
I note that the assessment has identified several issues with the LVIA, but doesn’t disagree with the overall conclusion.
The findings do appear to support the AONB view that it is difficult to judge the effects of the development proposals without the detail.
If Committee is convinced by the case for this development in terms of NPPF Paragraph 116, then we would request that the review conclusion and recommendations (page 29 of the Review Final Report) are fully taken account of in relation to any future detailed application. Specifically,
· We support the recommendation in paragraph 62 regarding the Parameters Plan
· We note the conclusion in paragraph 63 and agree with the bullet points, with some reservation on the point about ‘higher’ and ‘lower’ buildings
· We agree with paragraph 64.
On an associated point, the propose Condition 16 (lighting) is welcomed. We would also request that Condition 7 (presumably to be signed off by County Highways) is addressed in a manner commensurate with location and the recommendations of the LVIA review.
28th March 2017 - I would reconfirm South West Water has no objection the development in terms of foul drainage capacity – problems experienced in Longmead have related to blockages//equipment failure (p Station breakdown) which does not indicate a lack of capacity being the only grounds we could justify an objection on.
Also this site will not drain directly through the sewer network in Longmead but rather will enter the sewer network just upstream of the sewage works along a different route.
2 recommendations appear on the report. Delete the first of the two.
(d) No 3 on the Plans List (16/01932/MFULL – Construction of 2 ponds, a wetland area, an attenuation basin and creation of additional 120m of Devon hedgebank – Land at NGR 294211 123012 (Higher Barn, Bampton).
The Area Planning Officer outlined the contents of the report by way of presentation highlighting the site location and explaining the history of the site, the enforcement issue and the remedial works that were within the application to reinstate the site and make improvements. Members viewed the site layout and the landscape plans; a drainage strategy had been supplied and extensive planting was proposed to try to improve the biodiversity. Photographs were available from various aspects of the site.
Consideration was given to the views of the agent with regard to the completion of the reinstatement of the land and that the service of an enforcement notice would be held for 6 months pending review of progress on the site.
RESOLVED that:
a) Planning permission be granted subject to conditions as recommended by the Head of Planning and Regeneration.
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)
b) Service of the enforcement notice (Planning Committee resolution November 2016) be held off for a period of 6 months from 29 March 2017 pending a review of progress in completing the works contained within the application).
(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)
Notes:
i) Cllrs B A Moore and R L Stanley declared personal interests as some of the objectors were known to them;
ii) Cllr Mrs F J Colthorpe declared a personal interest as she was familiar with a number of people involved in the application;
iii) Mr Cookson (Agent) spoke;
iv) Cllrs B A Moore and R L Stanley spoke as Ward Members
v) The following late information was reported:
27th March 2017
The reference to drawing numbers in proposed conditions 4 and 5 should be altered to refer to the following drawings.
Condition 4:
Final drainage strategy: 39494-2001-500 Rev A, dated 31 January 2017 and 39494-2001-501 received 15th December 2016
Condition 5:
Final landscape masterplan = SPP 2047.002 Rev D, dated 10 February 2017.
(e) No 4 on the Plans List (17/00090/ARM – Reserved matters for the erection of a dwellings following outline approval 16/00108/OUT – land at NGR 304865 115568 - Corner of Brimstone Lane, Westleigh).
The Area Planning Officer outlined the contents of the report highlighting by way of presentation the site location plan, the existing and proposed plans, the floor plans and proposed elevations and a visualisation of the proposed dwelling which she stated was visible from a distance but not prominent but would appear prominent in close views. Members viewed photographs from various aspects of the site.
Consideration was given to:
· The size of the dwelling in the open countryside
· The applicant’s statement with regard for the need of a farmhouse to service the land
· Design and size issues
RESOLVED that planning permission be granted and that delegated authority be given to the Head of Planning and Regeneration to produce a set of conditions.
Reason – the application was considered to be acceptable due to the needs and size of the holding and that it was also acceptable with regard to visual impact.
(Proposed by Cllr R L Stanley and seconded by Cllr R J Dolley)
Notes :
i) Cllr R J Dolley declared a personal interest as the applicant was known to him and that he played skittles in the area;
ii) Cllr Mrs J F Colthorpe declared a personal interest as the applicant was known to her;
iii) Mr Caudwell (applicant) spoke;
iv) Cllrs Mrs H Bainbridge and Mrs C A Collis spoke as Ward Members
v) Cllrs Mrs H Bainbridge and P J Heal requested that their vote against the decision be recorded;
vi) A vote to refuse the application was not supported.
Decision Maker: Planning Committee
Made at meeting: 29/03/2017 - Planning Committee
Decision published: 03/04/2017
Effective from: 29/03/2017
Decision:
Consideration was given to a case in the Enforcement List *.
Note: *List previously circulated; copy attached to signed Minutes.
Arising thereon:
a) No. 1 in the Enforcement List (Enforcement Case ENF/15/00171/UCU – Unauthorised material change of use of land from agriculture to a mixed use of agriculture and use for business and domestic storage – land at NGR 310656 113326 (Hillmoor), Culmstock).
The Enforcement Officer outlined the contents of the report highlighting the issues at the site that of the impact of the storage of materials on the visual amenity and the character of the area. She explained the previous planning history of the site and the Certificate of Lawfulness that had been granted for the provision of parking in the area
Consideration was given to the impact that the storage area was having on the local amenity.
It was therefore:
RESOLVED that the Legal Services Manager be given delegated authority to issue a change of use enforcement notice, requiring the cessation of use of the land for both domestic and business storage and the removal of all materials from the land, In addition authority be given to take any legal action deemed appropriate including prosecution or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr D J Knowles)
Note: Mrs Jones – Chairman of Culmstock Parish Council and local resident spoke.
b) No. 2 in the Enforcement List (Enforcement Case ENF/16/00140/UDRU – Unauthorised change of use of land from agriculture to a mixed use of agriculture and use for the siting of structures for human habitation – Longwood Farm, Burlescombe).
The Enforcement Officer outlined the contents of the report highlighting the planning history on the site and the matter of a wooden structure that had been constructed for the purposes of human habitation. She explained that little work had taken place in the past two years and that there was a need to act to remove the wooden structure before it became immune from planning law. She stated that conversations had taken place with the landowner with regard to a track on to the site and explained that this would require planning permission.
Consideration was given to the delay in the erection of the agricultural storage building and the issue of delivery of materials onto the site.
RESOLVED that the Legal Services Manager be given delegated authority to issue a change of use enforcement notice, requiring the cessation of the land for residential purposes, the removal of the wood structures used for human habitation from the land together with all domestic paraphernalia associated with the use of the land for residential purposes. In addition that authority be given to take any legal action deemed appropriate including prosecution of Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr Mrs C A Collis)
Note: The Chairman read a representation from the landowner.
c) No. 3 in the Enforcement List (Enforcement Case ENF/16/00200/UDRU – Unauthorised change of use of agricultural building and land to use for business storage – Trobridge Farm, Trobridge, Crediton).
The Enforcement Officer outlined the contents of the report highlighting the issues on the site with regard to the importation of soil to form a bund and the storage of various items. It was been reported by way of photographic evidence that the storage of cars and other scrap materials were increasing.
RESOLVED that the Legal Services Manager be given delegated authority to issue a change of use enforcement notice requiring the cessation of use of the agricultural barn and surrounding land for business storage purposes and the removal of all materials from the land. In addition authority be given to take any legal action deemed appropriate including prosecution or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr Mrs H Bainbridge and seconded by Cllr J D Squire)
Notes:
(i) Cllrs P J Heal and D R Coren made declarations in accordance with the Protocol of Good Practice for Councillors in dealing with planning matters as they had both received correspondence regarding this matter;
(ii) The Chairman read a representation from the landowner.