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To seek Cabinet approval to publish and
consult on an Issues Paper for a new Local Plan for Mid
Devon
Decision Maker: Cabinet
Made at meeting: 04/01/2022 - Cabinet
Decision published: 07/01/2022
Effective from: 12/01/2022
Decision:
The Cabinet had before it a *report of the Director of Place requesting approval of the Issues Paper for consultation.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report.
He outlined the work of the Planning Policy Advisory Group and the responses that would be invited to the questions included in the Issues paper. The Cabinet was required to approve the issues paper for public consultation together with supporting documents.
At this point he referred to questions posed in Public Question Time:
· Masterplans were developed for a variety of reasons – to guide development, to become formal planning policy, to guide strategic actions on behalf of an Authority or as a combination of these. As such, Masterplans were a valuable and useful tool for local authorities in supporting the progression of strategic development.
· In this case, a Masterplan was developed for the Tiverton EUE scheme and was subsequently adopted by the Local Authority. The document provided principles for development and was a guidance document – the detail of a scheme always developed over time as specific issues were debated and as the wider policy context develops. This has been the case with Tiverton EUE.
· Some elements of the Tiverton EUE scheme have already been constructed and others are now progressing through the planning system – including the Redrow scheme
· The Redrow scheme already benefits from an outline planning permission which establishes the principle of development and deals with key aspects relating to the scheme. The reserved matters application will come before the planning committee again on the 19 January and it will be for the committee to consider and determine the application in line with the relevant policy documents and considering the officer’s recommendation, at that time, as is right and proper.
· The new Local Plan for Mid Devon will have regard to the current NPPF which introduces the use of design codes alongside design guides, and in relation to the National Design Guide and National Model Design Code. This will therefore allow us to have further consideration to design matters, moving forwards.
Consideration was given to:
· The period of consultation and whether this should be increased to a minimum of 8 weeks;
· Whether a bite sized document could be created for the parishes and the general public;
· Priority 5 – improving our health and well-being;
· Junction 27 and whether the statement within the document was accurate and discussions that were taking place with regard to this site;
· Whether the Local Plan policies were being followed by developers;
· General exception sites and how the NPPF was followed;
· The fact that the Local Authority was working in line with the current Local Plan; and
· The need for the consultation document to stimulate responses.
RESOLVED that:
1. The Plan Mid Devon Issues Paper (Appendix 1), its Sustainability Appraisal Scoping Report (Appendix 2) and Equalities Impact Assessment Screening Report (Appendix 3) be approved for public consultation for a minimum period of 8 weeks.
2. Delegated authority be given to the Director of Place (in consultation with the Cabinet Member for Planning and Economic Regeneration) to make such further minor changes to the Issue Paper as he considers appropriate prior to the consultation.
(Proposed by Cllr R J Chesterton and seconded by Cllr R B Evans)
Reason for the decision – the Council is required to review its Local Plan at least every 5 years.
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Tristan Peat
To receive the 3 yearly review of the Customer
Care Policy
Decision Maker: Cabinet
Made at meeting: 04/01/2022 - Cabinet
Decision published: 07/01/2022
Effective from: 12/01/2022
Decision:
Following a report of the Corporate Manager for Digital Transformation and Customer Engagement, the Community Policy Development Group was recommending to Cabinet that the revised Customer Care Policy and Standards be approved.
The Cabinet Member for the Working Environment and Support Services outlined the contents of the report stating that this was a periodic review with no significant changes and that the Customer Care Standards had been presented as a separate document.
Consideration was given to the fact that customers approach Members and whether training for Members would be provided. The Cabinet Member highlighted a recent survey sent to Members which requested information with regard to member training.
RESOLVED that the revised Customer Care Policy and Standards Policy be approved.
(Proposed by Cllr Mrs N Woollatt and seconded by Cllr C R Slade)
Reason for the decision – There is a need to adopt a customer care standard.
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Lisa Lewis
To consider a revised Local Development
Scheme
Decision Maker: Cabinet
Made at meeting: 04/01/2022 - Cabinet
Decision published: 07/01/2022
Effective from: 12/01/2022
Decision:
The Cabinet had before it a *report of the Director of Place updating the Local Development Scheme and providing an updated timetable for the production of a new Local Plan for Mid Devon.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that there was a legal requirement for the Council to prepare and maintain a Local Development Scheme for the district.
He explained that the Local Development Scheme was a project plan for the preparation of local development documents, in this case the preparation of a new Local Plan for Mid Devon. The current scheme was approved by the Cabinet in February 2021 at the same time as approval was given for officers to commence the preparation of a new Local Plan. Since those decisions, good progress had been made by officers, including the gathering of technical evidence and surveys, and also the completion of a draft Issues Paper for the new Local Plan.
He added that a number of changes were now needed to the scheme to bring it up to date and comply with legal requirements. He identified the changes to the scheme outlined in the report
RESOLVED that the revised Local Development Scheme be approved for the period from 12 January 2022.
(Proposed by Cllr R J Chesterton and seconded by Cllr C R Slade)
Reason for the decision – an updated Local Development Scheme is required under Section 15 of the Planning and Compulsory Purchase Act 2004
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Richard Marsh
To update the existing policies to reflect
current job roles and best practice.
Decision Maker: Cabinet
Made at meeting: 04/01/2022 - Cabinet
Decision published: 07/01/2022
Effective from: 12/01/2022
Decision:
The Cabinet had before it a *report of the Operations Manager for Performance, Governance and Health & Safety updating the existing policies to reflect current job roles and best practice.
The Cabinet Member for Community Well-Being outlined the contents of the report stating that the policies were last reviewed after the data protection requirements were brought into force in 2018, the review of the policies was to update the existing and to reflect on current job roles and best practice.
RESOLVED that the revised Information Security and Information Security Incident Policies be approved.
(Proposed by Cllr D J Knowles and seconded by Cllr C R Slade)
Reason for the decision – there was a need to comply with the Data Protection Act 2018.
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Catherine Yandle
Decision Maker: Cabinet
Made at meeting: 04/01/2022 - Cabinet
Decision published: 07/01/2022
Effective from: 12/01/2022
Decision:
Following a report of the Director of Place, the Community Policy Development Group was recommending to Cabinet that:
1. The total Strategic Grants budget to remain at £138,500 for a period of 2 years, and that individual awards to Strategic Partners to remain at the 2020-2021 levels for this period.
2. The level of grant awards to individual partners for 2022-23 and 2023-24 were therefore recommended as:
Organisation |
Award 2021-2022 (£) |
Award 2022-2023 (£) |
Award 2023-2024 (£) |
CHAT |
12,500 |
12,500 |
12,500 |
Citizen's Advice |
15,500 |
15,500 |
15,500 |
INVOLVE |
12,000 |
12,000 |
12,000 |
Mid Devon Mobility |
22,000 |
22,000 |
22,000 |
Grand Western Canal |
45,000 |
45,000 |
45,000 |
Tiverton Museum |
27,500 |
27,500 |
27,500 |
TIS |
4,000 |
4,000 |
4,000 |
Total |
£138,500 |
£138,500 |
£138,500 |
The Cabinet Member for Community Well-Being outlined the contents of the report stating that the budget allocation for strategic grants for the 2021/22 financial year was £138,500 and that the funding available for the 2022/23 and subsequent years was dependant on the Council’s budget setting process. The allocation of grants provided support to external agencies (as set out above) delivering services that advanced the Council’s Homes, Community and Economic priorities.
He detailed the work of the working group that had considered the grants and the findings that had been reported.
Consideration was given to:
· The good news that levels of grant funding remained the same; and
· Whether capital grants should be considered
· In response to the latter point, the meeting was informed that the organisations usually linked into other funding streams for capital funding and that the grants provided by the Local Authority were for revenue expenditure.
RESOLVED that the above recommendation of the Policy Development Group be approved.
(Proposed by Cllr D J Knowles and seconded by Cllr C R Slade)
Reason for the decision – There was a need to agree the grant funding prior to the approval of the budget for 2022/23
Note: *Report previously circulated, copy attached to minutes.
Lead officer: John Bodley-Scott
To consider the construction contract for the
Modular Housing Schemes
Decision Maker: Cabinet
Made at meeting: 04/01/2022 - Cabinet
Decision published: 07/01/2022
Effective from: 12/01/2022
Decision:
The Cabinet had before it a * report of the Corporate Manager for Public Health, Regulation and Housing explaining that following the pending completion of Phase 1 design and planning contracts for the construction of 14 Council properties, using a direct award framework, consideration is required for the Phase 2 construction and installation contract for each scheme.
The Cabinet Member for Housing and Property Services provided a response to questions raised in Public Question Time: With regard to whether officers had conducted their own and comprehensive due diligence check on Zed Pods Limited: He replied that the Council confirmed that as usual, in the course of the procurement process, relevant checks were made of companies which were successfully appointed to the panel of suppliers and of the recommended contractors.
Supplier due diligence was just part of the consideration. Once this had been satisfied then there were technical, quality and value for money strands to the SWPA tender evaluation and award process. Further information on the external, independent accreditation of the build quality of these proposals was provided in Section 3 of the report alongside additional information on the environmental and sustainability credentials of the proposed schemes as set out in Annex B.
With regard to why MDDC officers were not being open and transparent about the contract costs he replied that: the Council determines whether or not matters are publicly available in accordance with the law. This included provision to protect commercial sensitive information.
In response to the questions from Hannah Kearns: the cabinet Member replied that:
· The statement in page 442 of the papers referred to the redundancy of each site in the widest context. Whilst it was acknowledged that the occupancy of the garages at St Andrew’s was higher than the exceptionally low usage at Shapland Place, in bringing those sites forward for redevelopment the Council had taken into account several other asset management and cost considerations; these include the cost of modernisation and repairs, the presence of asbestos containing materials at each site and requirements for new surfacing and drainage improvements balanced against a low overall garage rent income and demand.
· All the garage tenants signed-up to a rental agreement that set out a notice period and terms for both parties. I can confirm all appropriate notice was given by the Council as required. As part of this process we would also have provided additional information if desired on other garages still available for affordable rent within the town.
· In essence, what the Council is seeking to do at these locations is to replace limited life-span, low value assets with much higher value long-term properties that will provide an increased rental income and, most importantly, provide much needed additional social housing at for each town.
He then outlined the contents of the report stating that the project had been welcomed by the previous administration and that the authority was now in a position to move the project forward with the award winning Zed Pod company providing excellent designed and carbon neutral properties. The company had been accredited by other local authorities and the public had applauded the schemes.
Consideration was given to:
· Both sites would be for social rent and would be held for secure tenure allocations through the Devon Home Choice system including for those tenants with adapted property needs;
· Checks and balances had been undertaken ;
· The access to Shapland Close had been agreed;
· The versatile project would deliver social housing for residents of Mid Devon;
· Payment terms;
· Whether a local approach was required with a local competitive process;
· The other company that had been considered and the fact that they could not deliver at this stage.
RESOLVED that:
1.
Subject to planning permission being
granted for the proposed social rented housing development at St
Andrews Estate Cullompton and Shapland Place Tiverton:
(a) Zed Pods Limited’s bid for the Phase 2 works be accepted; and
(b) the St Andrews development include an in-house managed and community based competition for public artwork.
2. Delegated authority be granted to the S151 Officer (in consultation with the Deputy Leader and Cabinet Member for Housing and Property Services) to complete the associated Phase 2 contracts.
(Proposed by Cllr R B Evans and seconded by Cllr D J Knowles)
Reason for the decision – the homes will support the delivery of specific objectives in the Housing Strategy 2021-25.
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Simon Newcombe
To consider a revised policy
Decision Maker: Cabinet
Made at meeting: 04/01/2022 - Cabinet
Decision published: 07/01/2022
Effective from: 04/01/2022
Decision:
The Cabinet had before it a *report of the Corporate Manager for Digital Transformation and Customer Engagement, requesting approval of the Complaints and Feedback Policy.
The Cabinet Member for the Working Environment and Support Services outlined the contents of the report stating that the policy has been updated to reflect structural changes and additional guidance.
RESOLVED that the content of the reviewed Complaints and Feedback Policy be approved
(Proposed by Cllr Mrs N Woollatt and seconded by Cllr D J Knowles)
Reason for the decision – There is a need to have such a policy in place to deal with any issues that arise.
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Lisa Lewis
Decision Maker: Planning Committee
Made at meeting: 05/01/2022 - Planning Committee
Decision published: 07/01/2022
Effective from: 05/01/2022
Decision Maker: Planning Committee
Made at meeting: 05/01/2022 - Planning Committee
Decision published: 07/01/2022
Effective from: 05/01/2022
Decision:
The Committee considered the applications on the *Plans List
Note: *List previously circulated and attached to the minutes
Applications dealt with without debate.
In accordance with its agreed procedure the Committee identified those applications contained in the Plans List which could be dealt with without debate.
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
a) Application 21/02289/CLP –Certificate of lawfulness for the proposed erection of a single storey rear extension at 79 Queensway, Tiverton be approved as recommended by the Interim Development Management Manager.
(Proposed by the Chairman)
Reason for the decision: As set out in the report
b) Application 21/01879/FULL – Change of use of storage area to outdoor seating area for host visitors for tastings and similar activities and erection of bar/shed – Exe Valley Brewery, Land Farm, Silverton
The Planning Officer presented updates to his report stating that an additional letter from the objector had been received with regard to the 2017 planning permission for the site and he confirmed that the planning permission was for the land and that permission was granted. He also confirmed the reason for the call in and that an amendment to Condition 3 had been proposed.
The Officer then answered questions posed in Public Question Time, stating that the access lane had been considered, there had been no objection from the Highways Authority, there were no grounds for refusal as this was an existing brewery, with regard to ownership, any application stayed with the land and the right amount of notice had been given, the land and the brewery had operated since 1980, it was an established business and this would have been known by the objector when he purchased his property. The issue of amenity had been addressed within the report, conditions had been put in place and he reminded the meeting that the permission would be temporary.
He then outlined the contents of the report by way of presentation highlighting the site location plan, a block plan, floor plans, elevations, the fencing screen, the supporting information and photographs from various aspects of the site. He confirmed that the business had operated since the 1980’s, Policy DM18 did support expansion of the business and the impact on the neighbouring property had been considered.
Consideration was given to:
· Whether the application conflicted with Policy DM5
· Whether further consideration of the application should have been considered by the Highway Authority
· Parking arrangements on the site and the nature of the events that were being proposed
· Highway issues with regard to the Open Days that had and would take place
· The number of events that could take place without permission on an annual basis
· The views of the objector with regard to the impact of the proposal on his property, the lack of shelter proposed if it rained, noise, smells, disruption, the number of people in attendance, loss of privacy and amenity, parking issues and the fact that there was no space for additional parking
· The views of the applicant with regard to the fact that the brewery had been on the site for 37 years, it was a much loved community asset which had always offered tasting and talks and that the planned garden space would allow her to expand this; tasting events would be by appointment, some additional space was available for parking and that operating hours would be limited. Open days would take place at the most twice a year and locals walked to the event or a minibus was provided
· The views of the Ward Member referring to whether there was an impact on the neighbouring property, the brewery premises had existed for many years, the applicant wished to expand her business and whether such an expansion was unreasonable in terms of scale and the consequent impact on the neighbour
· How the temporary permission would be assessed with regard to the number of people attending events
· The period of the proposed temporary permission and the proposed opening hours
RESOLVED that a temporary permission be granted subject to conditions as recommended by the Interim Development Management Manager subject to an amendment to Condition 3 to read that: The planning permission hereby granted shall be limited to a period of 18 months starting from the date in which the use is first commenced. After which the use of the land shall cease and be reinstated to an area used for storage for the brewery only.
(Proposed by Cllr Mrs F J Colthorpe and seconded by Cllr S J Clist)
Reason for the decision: as set out in the report
Notes:
i) Declarations of interest were reported as set out in Minute 133;
ii) Mr Donovan spoke in objection to the application;
iii) Ms Wright spoke as the applicant;
iv) Cllr R M Deed spoke as Ward Member;
v) Cllr R J Dolley requested that his abstention from voting be recorded;
vi) The following late information was provided:
22/12/21
Reason for Call in by Cllr R M Deed - ‘Consideration to the impact of the development on the amenity of the neighbouring property’ – this was missing from the report.
05/01/22
Condition 3 - The planning permission hereby granted shall be limited to a period of 18 months starting from the date in which the use is first occupied. After which the use of the land shall cease and be reinstated to an area used for storage for the brewery only.
Changed to :
The planning permission hereby granted shall be limited to a period of 18 months starting from the date in which the use is first commenced. After which the use of the land shall cease and be reinstated to an area used for storage for the brewery only.
c) Application 21/01754/MARM – Reserved matters for residential development of 125 dwellings (including 35% affordable housing), with public open space, landscaping and associated infrastructure following outline approval 18/00175/MOUT – land at NGR 303288 110467 Adj to Meadow Park, Silver Street, Willand
The Principal Housing Enabling & Forward Planning Officer, outlined the contents of the report providing some background into applications on the site including: the outline application that had been granted at appeal in 2019, the conditions already attached to that permission, the separate planning permission granted for the vehicular access and the current reserved matters application alongside the discharge of the outline conditions. He highlighted that the reserved matters application and the discharge of conditions from the outline permission were intertwined but were separate.
He then provided the meeting with a presentation which highlighted: the site location plan, an aerial view of the site, the proposed block plan, building heights proposed across the development, the affordable housing distribution plan, the landscape strategy, street scenes, proposed play areas and photographs from various aspects of the site.
Referring to questions asked in public question time, he stated that with regard to the S106 monies – a unilateral undertaking had been signed, all the obligations and conditions had been retained. With regard to the net zero target and addressing climate change in main standards, the development would need to comply with building regulations. With regard to the housing being for lifetime use, 27 of the 125 dwellings met accessibility standards. With regard to tree planting and the advice of the Woodland Trust, the detail was in the report and related to Condition 7 of the outline application which had been discharged.
Consideration was given to:
· The views of the applicant with regard to the contents of the reserved matters application for 125 dwellings, public open space, landscaping, play areas and 35% affordable housing. The application complied with the terms of the outline permission and a set of conditions had been discharged. She highlighted the pedestrian cycle way, the designated footpath, car parking provision and vehicle charging points. She noted the concerns of the Parish Council, the proposed drainage was in line with the flood risk assessment and the tree planting had been agreed by the arboricultural officer. Financial obligations would be met.
· The views of the Parish Council with regard to the concerns as to whether the financial obligations would be paid prior to commencement of the development. The road entrance off Meadow Park did not look like a temporary measure, but a permanent access and whether S56 should come into force and that the S106 monies should be collected by the Local Planning Authority.
· Concerns by Members of the committee with regard to the TPO’s, the loss of oak trees
· The amount of affordable housing
· The outline appeal decision for a maximum of 125 dwellings on the site; the number of documents that had been added to the portal with regard to the reserved matters application and the outline application (discharge of conditions) and whether Members of the committee had all the relevant information before them on highways issues, tree planting on verges, footpath improvements and tandem parking for 88 of the houses
· How the arboricultural officer graded the trees
· The number of conditions within the outline permission that had been discharged
· Who would be responsible for the play areas and their maintenance
· The Tree Preservation Orders on the site
· Whether the planting of established trees could be conditioned
RESOLVED that planning permission be granted subject to conditions as recommended by the Interim Development Management Manager with discussions to take place in advance with the applicant with a view to seeking to ensure that the landscaping details included trees which are more mature than just saplings.
(Proposed by Cllr Mrs F J Colthorpe and seconded by the Chairman)
Reason for the decision: as set out in the report
Notes:
i) Declarations of interest were reported as set out in Minute 133;
ii) Ms Taylor (applicant) spoke;
iii) Cllr Grantham spoke on behalf of Willand Parish Council
iv) Cllrs S J Clist and B G J Warren requested that their abstention from voting be recorded.