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Decisions

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.

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Decisions published

07/02/2019 - Meeting Housing Needs Policy (00-40-11) ref: 691    Implemented

To receive a report from the Group Manager for Housing presenting the revised Supply and Demand Policy.

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

Arising from a report of the Group Manager for Housing, the Homes Policy Development Group had recommended that:

 

a)        The revised Housing Options Supply and Demand Policy be approved;

 

b)        The Cabinet notes the Housing Options Service will continue to make best use of its temporary housing resources when accommodating homeless households.

 

The Cabinet Member for Housing outlined the contents of the report stating that the Councils statutory duties were governed by legislation by the Housing Act 1996 as amended under the Homelessness Act 2002 Part II and the Homeless Reduction Act 2017.  The Housing Authority had a duty to carry out an assessment in all cases where an eligible applicant was homeless or threatened with homelessness.  He highlighted the duty of the Housing Authority and the need for the provision of suitable accommodation for homeless applicants.

 

Discussion took place regarding the current situation and that homelessness issues were getting worse and that a budget was available to help people before they became homeless.

 

RESOLVED that the recommendation of the Policy Development Group be approved.

 

(Proposed by Cllr R L Stanley and seconded by Cllr P H D Hare-Scott)

 

Note:  *Report previously circulated, copy attached to minutes.

 

 

 

 

 


07/02/2019 - ICT Strategy (1-30-13) ref: 694    Implemented

Report regarding a review of the ICT Strategy

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

The Cabinet had before a * report of the Group Manager for ICT and GMS Services providing an overview of the revised ICT Strategy and seeking approval of the strategy.

 

The Cabinet Member for Community Well-Being outlined the contents of the report stating that the strategy provided a vision and ensured that the appropriate ICT infrastructure was in place to enable the Council to deliver services efficiently and effectively.

 

RESOLVED that the revised strategy be approved.

 

(Proposed by Cllr C R Slade and seconded by Cllr R J Chesterton)

 

Note: * Report previously circulated, copy attached to minutes.

 

 

 

 

Lead officer: Jill May


07/02/2019 - Bulky Waste Charges (00-04-23) ref: 687    Recommendations Approved

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

To consider a * report of the Group Manager for Street Scene and Open Spaces regarding an alternative charging structure for bulky waste.

 

The Leader outlined the contents of the report stating that at a meeting on 8 January 2019, members of the Environment PDG had asked that the bulky waste charges be investigated to ensure that they were in line with other authorities in Devon. As part of the exercise it was shown that in certain instances users were actually paying less for more items being removed under the fixed price items charge.  It was therefore proposed that the charge for fixed priced items, for example a settee and 2 armchairs be removed from the charging scheme and that those be dealt with as individual/additional items.

 

Discussion took place regarding the value of the scheme in that it sought to reduce fly tipping and that the revised scheme would commence on 1 April 2019 with a press release being produced to inform the public.

 

RESOLVED that the current fixed price item charge of £27 for bulky waste be abolished as recommended by the Environment Policy Development Group on 8 January 2019.

 

(Proposed by the Chairman)

 

Note:  *Report previously circulated, copy attached to minutes.

 

 


07/02/2019 - Shop Front Enhancement Scheme (00-07-02) ref: 688    Recommendations Approved

To provide an update on shopfront enhancement schemes and to seek Cabinet approval to continue / re-instate such schemes in each of the three main market towns in the District.

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

Arising from a *report of the Head of Planning, Economy and Regeneration, the Economy Policy Development Group had recommended that a seed fund totalling £15,000 to maintain/reinstate shopfront enhancement schemes for the three main market towns in the District be approved.

 

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that it was recognised that the visual attractiveness of a town centre was an important element of consumers choice as to where they shopped and was seen as a major contributor to a towns vitality and economic success.  The shopfront scheme was a practical way to support local business owners, previous schemes had been a success and it was felt that the scheme should be continued in the 3 main towns.

 

Consideration was given to:

 

·         The details provided in appendix 1 of the report with regard to individual schemes that had been completed

·         The need to help local traders.

 

RESOLVED that the recommendation of the Policy Development Group be approved.

 

(Proposed by Cllr R J Chesterton and seconded by Cllr C R Slade)

 

Notes:

 

i)             Cllr C J Eginton declared a personal interest as he owned a shop in Tiverton;

 

ii)            *Report previously circulated, copy attached to minutes.

 

 

 


07/02/2019 - Safeguarding Policy Guidance and Procedures (00-03-06) ref: 686    Implemented

To provide Members with the updated policy and a review of best practice

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

Arising from a report of the Director of Corporate Affairs and Business Transformation, the Community Policy Development Group had recommended that the revised Safeguarding Policy and Procedures be approved.

 

The Cabinet Member for Community Well-Being outlined the contents of the report stating that the revised policy provided greater clarity of roles and responsibilities of officers throughout the Council and provided a framework for developing partnerships within appropriate external bodies and other local authorities.

 

RESOLVED that the recommendation of the Policy Development Group be approved.

 

(Proposed by Cllr C R Slade and seconded by Cllr Mrs M E Squires)

 

Note:  *Report previously circulated, copy attached to minutes.

 

Lead officer: Jill May


07/02/2019 - Economic Strategy (00-13-28) ref: 689    Implemented

To receive the Council's draft Economic Strategy for approval

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

Arising from a report of the Head of Planning, Economy and Regeneration, the Economy Policy Development Group had made the following recommendations:

 

1.            The Economic Strategy and year 1 action plan be approved.

 

2.            That delegated authority be granted to the Head of Planning, Economy and Regeneration in consultation with the Chairman of the Economy PDG and Cabinet Member for Planning and Regeneration to finalise the document for publication (document appearance such as formatting, illustrative material and minor changes).

 

3.            That delegated authority be granted to Head of Planning, Economy and Regeneration in consultation with the Chairman of the Economy PDG and Cabinet Member for Planning and Regeneration to add an appendix to include key employment sites.

 

The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report by way of presentation stating that the revised strategy had been developed by a process of engagement with Members through a series of informal workshops and local business representatives in which priorities and possible interventions had been discussed and was aimed to supplement the joint strategy created with other EHOD authorities.  He highlighted the themes of discussion, the overarching objectives of the strategy, the five key themes, the proposed outcomes of the themes and the level of ambition.

 

Consideration was given to:

 

·         The year 1 action plan

·         How productivity could be influenced

·         The need to attract new businesses into the area

·         The work of the Economic Development Team with local businesses

·         The need to upskill the workforce and how Petroc had widened its opportunities available to young people

 

RESOLVED that the recommendation of the Policy Development Group be approved.

 

(Proposed by Cllr R J Chesterton and seconded by Cllr C R Slade)

 

Note:  *Report previously circulated, copy attached to minutes.

 

 

Lead officer: Stephen Walford


07/02/2019 - Tiverton Regeneration Scheme (1022-20) ref: 693    Recommendations Approved

To consider the approval of a regeneration scheme for Tiverton Town Centre between Fore Street and the Market.

 

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

The Cabinet had before a * report of the Group Manager for Corporate Property and Commercial Assets requesting the approval of a regeneration scheme for Tiverton town centre between Fore Street and the pannier market,  to enable a tender process to commence.

 

The Cabinet Member for Housing outlined the contents of the report highlighting the previous schemes which had not come to fruition and the detail of the current scheme which would encourage footfall through to the Pannier Market and Market Walk and then onto Bampton Street to create a circular shopping route that would assist all traders in its path, this would be backed up by additional signage.  A planning application had been submitted for the demolition  of the  ground floor retail shop at 34 Fore Street to create a widened pedestrian access to the Pannier Market,  the construction of 3 flats and 3 units in plot 36.  The layout and design of the proposal demonstrated that the site could accommodate the amount of retail and residential development.   The widening of the pedestrian access adjacent to 34 Fore Street would improve pedestrian access and visibility of the Pannier Market from Fore Street and make a more welcoming approach. 

 

Consideration was given to:

 

·         The next step for the project, that of a tender process

·         The desire to deliver the masterplan which would give confidence to the other main towns with regard to regeneration

 

RESOLVED to proceed with the tender process for this key regeneration project in the heart of Tiverton town centre, in line with the results of the stage one Tiverton Masterplan public consultation.

 

(Proposed by Cllr R L Stanley and seconded by Cllr R J Chesterton)

 

Notes:

 

i)             Cllr C J Eginton declared a personal interest as he had a shop in the town;

 

ii)            Cllr R L Stanley declared a personal interest as the project was within his portfolio as Cabinet Member;

 

iii)          * Report previously circulated, copy attached to minutes.

 

 

Lead officer: Andrew Busby


07/02/2019 - Draft 2019/20 Housing Revenue Account (HRA) Budget ref: 692    For Determination

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

Arising from a * report from the Deputy Chief Executive (S151) and Director of Operations considering the options available in order for the Council to set a balanced budget for 2019/20 and agree a future strategy for further budgetary planning for 2020/2021 onwards; the Homes Policy Development Group had made the following recommendations: that the proposed HRA budget for 2019/20 be approved subject to garage rents being frozen for 2019/20 and that from 2020/2021 onwards garage rents be increased by the Consumer Prices Index plus 1%.

 

The Cabinet Member for Finance outlined the contents of the report stating that the Housing Revenue Account was well managed and he highlighted the 1% rent decrease proposed by central Government in 2015 each year until 2019/20. It was proposed that rents be increased in 2010/21 by CPI plus 1% which confirmed with the previous rent policy.  He stated that it was  proposed to freeze garage rents for 2019/20.  He explained the Right to Buy system and the impact of this on the HRA.

 

Consideration was given to the impact of the Right to Buy scheme.

 

RESOLVED that the recommendation of the Policy Development Group be approved.

 

(Proposed by Cllr P H D Hare-Scott and seconded by Cllr R L Stanley)

 

Note:  *Report previously circulated, copy attached to minutes.

 

 

Lead officer: Roderick Hewson


07/02/2019 - Void Management Policy (00-36-22) ref: 690    Implemented

To receive a report from the Group Manager for Building Services presenting the revised Void Management Policy.

Decision Maker: Cabinet

Made at meeting: 07/02/2019 - Cabinet

Decision published: 12/02/2019

Effective from: 16/02/2019

Decision:

Arising from a report of the Group Manager for Building Services, the Homes Policy Development Group had recommended that the revised Void Management Policy be approved and that the term of the policy be extended to 10 years.

 

The Cabinet Member for Housing outlined the contents of the report stating that the revised policy was a guide to tenants and officers on how the authority managed void properties in that how the properties should be left and what was available to new tenants.  The revised policy had been aligned to the latest tenancy agreements and the recent Recharges Policy.  It was envisaged that the policy have a 10 year lifespan.

 

RESOLVED that the recommendation of the Policy Development Group be approved.

 

(Proposed by Cllr R L Stanley and seconded by Cllr P H D Hare-Scott)

 

Note:  *Report previously circulated, copy attached to minutes.

 

 


06/02/2019 - APPLICATION 18/01598/FULL - ERECTION OF A SELF SUPPORTING TREE HOUSE, REPLACEMENT OF EXISTING SUMMERHOUSE WITH CABIN ON STILTS AND CHANGE OF USE OF EXISTING SHED/ADJOINING GARDEN FOR THE SITING OF ONE CABIN ALL FOR HOLIDAY USE - LAND AT NGR 295315 12 ref: 685    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 06/02/2019 - Planning Committee

Decision published: 11/02/2019

Effective from: 06/02/2019

Decision:

The Committee had before it an * implications report of the Head of Planning, Economy and Regeneration regarding the above application; Members at the meeting on 9 January 2019, were minded to refuse planning permission, but a final decision was deferred pending consideration of an implications report.

 

The Area Team Leader addressed the meeting highlighting the additional responses from the Highway Authority on the update sheet following concern raised by Ward Members over the practicality of the access proposed and the possible addition of a further condition to address this.  In respect of the questions posed in public question time, he provided the following responses: whether the application would result in overdevelopment and would this set a precedent – overdevelopment had been addressed in the report and each application was dealt with on its individual merits.  With regard to designations, Morebath was not in an area of great landscape value but the site was in an area for control of advertisements, therefore signage with deemed consent would be based on reduced sizes in this area.

 

The Officer then informed the meeting of the planning history on the site and outlined the contents of the report by way of presentation, highlighting the site location plan on the western edge of the village of Morebath, the elevations of the building that had been approved and the block plan of the current proposals for the tree houses and replacement of the existing summerhouse, the entrance plan, sewage plan, the elevations and proposed floor plans of the holiday units, the detailed plans of the tree houses and a plan identifying the nearest neighbours and the distances between those properties and the development site.  He referred Members to the implications report and the four reasons for refusal for consideration.

Consideration was given to:

 

·         The views of the Ward Members with regard to the inadequate design of the proposal, the narrow and steep access, the dramatic topography and the fact that the proposal with regard to the tree houses was out of character for the local area, the increase in traffic movement as there were no local services in the village, possible issues with the treatment plant flowing into Shuttern Brook and the impact of this on Bampton.  Consideration was also given to the character of the site and impact upon the visual amenity of this part of Morebath, as well as impact on neighbouring properties.  Further, whether the proposal was viable and whether it was in line with policy DM24, was there a long term business case and was there any benefit to the local community.

·         The views of the Economic Development Officer outlining the need for the tourist accommodation in the area and that he had worked with the applicant and was satisfied with the nature of the proposal. Whilst  the success of the business could not be guaranteed such a project should be supported.

 

It was therefore

 

RESOLVED that planning permission be refused on the following grounds:

 

  1. The design, scale and appearance of the proposed development would, in the opinion of the Local Planning Authority, be inappropriate to this site and out of keeping with the rural character of the area and the visual amenity of the area in general representing overdevelopment of the site. The proposal is therefore considered to be contrary to policies COR2 of the Mid Devon Core Strategy (Local Plan Part 1), DM2 and DM24 of the Mid Devon Local Plan part 3 (Development Management Policies) and the objectives of the National Planning Policy Framework.

 

  1. In the opinion of the Local Authority, the proposed development would prejudice road safety due to the proposed widening of the access and level changes involved resulting in a steep gradient and through the increase in traffic travelling along a narrow congested lane without a public footpath. The development is therefore considered to be contrary to Policy COR9 of the Mid Devon Core Strategy and DM2 and DM24 of the Mid Devon Local Plan part 3 (Development Management Policies).

 

  1. Insufficient information has been submitted to demonstrate a business case has been justified for holiday accommodation on this site which would provide economic benefits to the community and represent sustainable development. Therefore the development is considered to be contrary to DM24 of the Local Plan Part 3 (Development Management Policies).

 

  1. The proposed development would result in a detrimental impact on the amenity of occupiers of neighbouring property through overlooking and increased disturbance through noise and light pollution. The development is therefore considered to be contrary to Policy DM2 of the Local Plan Part 3 (Development Management Policies).

 

(Proposed by Cllr R L Stanley and seconded by Cllr B A Moore)

 

(Vote 6 for: 5 against)

 

Notes:

 

i)             Cllrs B A Moore and R L Stanley made declarations in accordance with the Protocol of Good Practice for Councillors dealing with Planning Matters as they knew several of the objectors;

 

ii)            Cllr B A Moore declared a personal interest as his property had a building with a holiday let, this was not used and there was no intention to use it;

 

iii)          Cllr Mrs H Bainbridge declared a personal interest as she owned a holiday letting business 8 miles from the site;

 

iv)          Cllr Mrs F J Colthorpe declared a personal interest as she had attended Morebath Parish Council meeting as a the County Councillor;

 

v)            Cllrs Mrs C A Collis, Mrs F J Colthorpe, G Doe, P J Heal and D J Knowles requested that their vote against the decision be recorded;

 

vi)          Cllrs Mrs H Bainbridge, B A Moore and R L Stanley to be available should the applicant appeal the decision;

 

vii)         The following late information was reported: 5 February 2019

 

One letter of objection has been received from a Mr Edwards

One letter of support has been received from Bell Cornwell Charter Town Planners acting on behalf of the applicant.

 

Both letters have been circulated to Members ahead of the Planning Committee Meeting.

 

A response has been received from Ian Sorenson from the Local Highway Authority in answer to an email from Cllr Moore highlighting concern raised over the practicality of the access proposed. Ian Sorenson outlines that he would support a condition requiring the access details being submitted for approval.

 

The following comment was made:

 

‘It is fair to say that an initial look at the landscape plan conditioned by the LPA shows the access edge closest to Morebath village being 1 in 10 and the levels on the plan are prominent, but as the road descends to the bend the access steepens dramatically and unless all the levels were considered this steepening of the access may not have been picked up. Looking at this plan the access appears to rise to a maximum height some 3.0m in from the road and then drops away again into the site. The access would benefit from a lowering of the western access edge to provide an improved gradient, but should be done in such a way as to not provide an adverse cross fall’.

 

viii)            Note: *Report previously circulated copy attached to signed minutes.

 

 

 

 

 

 

 

 

 

 


06/02/2019 - THE PLANS LIST (00-12-14) ref: 684    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 06/02/2019 - Planning Committee

Decision published: 11/02/2019

Effective from: 06/02/2019

Decision:

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 (18/01467/LBC – Listed Building Consent for the replacement of 11 windows with new hardwood timber windows – Wisteria House, Fore Street, Morchard Bishop)

The Conservation Officer outlined the contents of the report highlighting by way of presentation the location of the listed building in the village of Morchard Bishop and photographs of the windows taken from various angles and compared with those taken in 1916.  Members also received photographs of the street frontage and the details of each window which the Conservation officer felt could all be repaired rather than replaced.   He outlined the guidance given by Historic England and the national policy which sort to conserve the original windows in the listed property.

Consideration was given to:

 

·         The technical risk to the dwelling of replacing the windows.

·         Whether double glazed hardwood windows were appropriate.

·         Whether just repairing the windows would stop the issues with condensation and draught and whether the impact/harm of new windows to the listed building outweighed the benefits.

·         The impact of the condensation on the fabric of the property.

·         The views of the applicant’s agent, with regard to the listing and the fact that the new windows had been designed to retain the 19th Century style and would stop the threat to the fabric of the building, the current windows were not original and the new windows would be more suitable and would match the 1916 windows shown in the photographs.

·         The views of the Parish Council with regard to the visual impact  of new windows on the property; other properties in the village had double glazed hardwood windows and that the new windows would benefit the property in the long term.

·         The views of one of the Ward Members with regard to the condensation problems, the windows had been updated in the 1960’s and that the replacement bars could match the existing.

·         The porch had not been present in the early pictures but had been in place for many decades.

·         The use of hardwood windows in listed properties was acceptable, with only the double glazing being the issue

 

 

RESOLVED that:

 

a)            Listed Building Consent be granted for the following reason: the design detail and material of the replacement windows conserved the character of the conservation area and therefore was deemed acceptable;

b)            Delegated authority be given to the Head of Planning, Economy and Regeneration to produce a set of conditions to include a condition which stated that the glazing bars of the windows be the same as the existing design.

 

(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)

 

Notes: 

 

i)             Mr Lewin (agent for the applicant) spoke;

 

ii)            Cllr Grant (Morchard Bishop Parish Council) spoke;

 

iii)          Cllr Mrs M E Squires spoke as Ward Member;

 

iv)          The following late information was provided, the reason for call in by Cllr Mrs M E Squires had been omitted from the report: which read ‘To discuss the issue of conservation and how that sits with climate change and the need to conserve our energy needs coupled with insulation for residents and affordability with running costs in the future.’