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Decision Maker: Planning Committee
Made at meeting: 16/05/2018 - Planning Committee
Decision published: 22/05/2018
Effective from: 16/05/2018
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 18 April 2018, were minded to refuse planning permission, but a final decision was deferred pending consideration of this implications report.
The Area Team Leader outlined the contents of the report stating that the only additional information to that discussed at the previous meeting was that the agent would be submitting an application for the revised location of the slurry pit. He informed the meeting of the current application site, the relationship between the dairy and the location of the slurry pit, the plan which identified the pipe line, the access and photographs from various aspects of the site. He explained that if Members were to refuse the application then enforcement action would be required and that this had been added to the recommendations before Members as requested.
Consideration was given to:
· Possible enforcement action and the process that would have to take place
· Possible noise issues from the proposed pumping of slurry via a pipeline
· The continued impact of the slurry pit on the neighbouring properties
RESOLVED that the application be refused on the following grounds that:
The slurry lagoon and earth bank surrounding it, by reason of its size, scale and siting in close proximity to the neighbouring properties at Mardles Gate and Manor Croft, is considered to adversely affect the residential amenity and the living conditions of these neighbouring occupants. Furthermore, and given the close proximity to the aforementioned residential properties, the members of the Planning Committee remain unconvinced that the scope of the mitigation measures as proposed as part of the planning application proposal are sufficient to address the odour nuisance and air quality impact in a robust and satisfactory manner and would therefore continue to contribute to the scope of the un-neighbourly impacts that would arise from the scheme as it is proposed. On this the application scheme is considered to be contrary to Policies DM2, DM7 and DM22 of Mid Devon Local Plan Part 3 (Development Management Policies) and guidance in the National Planning Policy Framework.
And that:
Having regard to the provisions of the Mid Devon Development Plan and all other material planning considerations in accordance with Sections 172 and 183, Town and Country Planning Act 1990, (“the Act”) delegated authority be given to the Group Manager for Legal Services to take all such steps and action necessary to secure the restoration of the land to its former condition which would at the same time redress the unauthorised use of it to store slurry. This may include the issue of an enforcement notice and prosecution and/or direct action in the event of non-compliance with the notice. The reason as recommended for serving the notice is set out above.
Delegated authority be given to the Group Manager for Legal Services, in consultation with the Group Manager for Development Management, to make a decision on whether a stop notice should be issued to require the cessation of the use of the slurry lagoon in anticipation of full compliance with the requirements of the enforcement notice, subject to the Group Manager for Legal Services being satisfied that it is expedient to issue a stop notice, having regard to an assessment of the costs and benefits of such action and whether there is an essential need to safeguard amenity or prevent serious harm to the environment.
(Proposed by Cllr P J Heal and seconded by Cllr F W Letch)
Notes:
i) Cllr P J Heal declared a personal interest as he knew the objectors and also made a declaration in accordance with the Protocol of Good Practice for Councillor dealing in Planning Matters as he was had spoken to local people regarding the matter;
ii) Cllr F W Letch declared a personal interest as he knew the objector and also made a declaration in accordance with the Protocol of Good Practice for Councillor dealing in Planning matters as he had been lobbied by local residents;
iii) The following late information was reported: Additional Information from applicant:
I refer to our earlier correspondence and discussions regarding this application.
I have now had the opportunity to look at and consider your report for the planning committee meeting on 16 May and I felt it might be useful to have my further observations on that which you can if you wish report to members of the planning committee.
I comment as follows:
1. Reason for refusal 1
1.1 The wording for the refusal is clearly contrary to your recommendation for approval as set out in the previous report to committee. The reason also is contrary to the recommendation made by your public health officer.
1.2 It appears that committee members are unconvinced that the scope of the mitigation measures as proposed are sufficient to address any odour nuisance and impact on air quality in a robust and satisfactory manner. The fitting of a cover across the lagoon and importation and extraction of dirty water from the lagoon in accordance with the management plan submitted as part of the application will in my opinion overcome such concerns. Should there be a breach of any of the conditions that you proposed then appropriate enforcement action by service of a breach of condition notice could be implemented.
1.3 I am instructed that in the event that the committee refuse the application next Wednesday an appeal should be lodged in very short order against that decision, the basis of the argument to be presented will be fundamentally that a negotiated compromise to overcome concerns had been agreed with the council.
1.4 My client has also commissioned me to try to secure planning consent at an alternative location some 250 metres to the southwest of the current site in accordance with the preliminary plan that I have previously sent you.
1.5 A topographical survey for that site has now been completed and I hope to be able to produce a design for the lagoon and to submit a formal application to you within a period of approximately 15 working days.
1.6 Because of the distance of that alternative location from the closest residential property and also because of intervening features such as ground levels, hedgerows, tree planting, etc. and prevailing wind direction, it is not considered necessary for that lagoon to have a fitted cover. In this regard my client draws attention to the other unauthorised slurry lagoon just along the road which I gather has now been recommended for consent without a cover.
1.7 In terms of timescale, I would hope that if the application for the alternative location can be submitted to you before the end of May your authority may be able to reach a decision on that before the end of July. That would then just about give time for the construction of the new lagoon prior to the autumn season when storage facilities for slurry will again be required at the farm holding.
1.8 In the event that planning consent is granted for the alternative location the appeal against the present location would then be withdrawn.
2. Threatened enforcement action
2.1 I am instructed that in the event that an enforcement notice is served by your authority against the current lagoon I am to appeal that on Ground A - planning consent should be granted subject to installation of a fitted cover and subject to conditions relating to the odour management plan, possibly also on the basis that the requirements of the notice exceed what is required to remedy the breach of control and also against the time for compliance set out on the notice.
2.2 I would respectfully suggest that as there is more than adequate time left under the 4-year rule the matter of serving an enforcement notice could be delayed until the issue of the alterative location has been resolved. That would save both parties considerable time, trouble and costs.
3. Service of a stop notice
3.1 The service of a stop notice against the existing lagoon could prove to be disastrous for the farming enterprise and have very significant and major financial implications. I would urge that very careful consideration should be given by officers of the council to that matter and I am instructed that should you feel it necessary to have a further meeting or discussion with regard to the potential implications of such action I am to assist you as far as possible.
4. Precedent
4.1 Both I and my client are aware that there appear to be a number of unauthorised slurry lagoons on dairy holdings within Mid Devon. Those have resulted because of changes in farming practice. Traditionally (as I am sure you know) animals were wintered on straw bedding but that is no longer the case.
4.2 I know that some slurry lagoons have been granted planning consent and I personally was involved in a major proposal for such a facility a few years ago at West Sandford but equally I am aware that some lagoons on farms in the area have been constructed without planning consent because farmers believed that their construction was permitted development not requiring planning permission.
4.3 My client is one such farmer and had it not been for the close proximity to an agricultural worker’s dwelling which was until recently not occupied in accordance with the condition, it is perhaps questionable whether the matter would ever have come to the notice of your authority. That would appear to be the case with many other such lagoons in the Mid Devon area. Notwithstanding the above, my client is keen to try to resolve the issue of his essential slurry lagoon with your authority as swiftly as possible.
iv) *Report previously circulated, copy attached to minutes.
Decision Maker: Planning Committee
Made at meeting: 16/05/2018 - Planning Committee
Decision published: 22/05/2018
Effective from: 16/05/2018
Decision:
RESOLVED that Cllr Mrs F J Colthorpe be elected Chairman of the Committee for the municipal year 2018/19.
(Proposed by Cllr Mrs H Bainbridge and seconded by Cllr R F Radford).
Decision Maker: Planning Committee
Made at meeting: 16/05/2018 - Planning Committee
Decision published: 22/05/2018
Effective from: 16/05/2018
Decision:
(a) No 1 on the Plans List (18/00214/MFUL – Erection of 14 dwellings with associated roads, garages and parking – land at NGR 310280 114261 Hunters Hill, Culmstock).
The Planning Officer outlined the contents of the report by way of presentation highlighting the location of the site and the first phase of development which was nearing completion, the improvement to the footpath into the village and access details. She explained the site layout and roof plan, the street elevations and the position of the bungalows, the drainage strategy, tree protection and boundary treatments and showed photographs from various aspects of the site. She highlighted the concerns of the Parish Council with regard to the footpath and its impact on the village green stating that this was a legal matter which could be addressed through further discussion.
Consideration was given to:
· Whether the drainage system was satisfactory
· The maintenance of the attenuation ponds
· The impact of the trees outside the site on the development
· Whether the highway would be adopted
· The concerns of the Parish Council with regard to whether the development was sustainable and whether there was a need and whether the school could continue to be expanded to accommodate additional children
· The views of the Ward Member highlighting the concerns of local residents and the weight of objections
· The tenure mix of the affordable dwellings
· The provision of affordable housing on the site and whether rented accommodation or discounted open market dwellings were appropriate
· The steepness of the footpath
· The possible increase in traffic in the area
RESOLVED that planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration and the signing of a S106 agreement in respect of:
1. Provision of 4 affordable dwellings (2 x 2 bed and 2 x 3 bed).
2. A financial contribution of £18,484 towards access to public open space at Colliers Meadow, Culmstock; and
3. A financial contribution of £106,778 towards primary, secondary and early years education and school transport costs.
4. The provision of footpath improvements between the site and the primary school.
(Proposed by Cllr P J Heal and seconded by Cllr Mrs H Bainbridge)
Notes:
i) Cllr R L Stanley declared a personal interest as Cabinet Member for Housing;
ii) Cllr Bass (Culmstock Parish Council) spoke;
iii) Cllr F J Rosamond spoke as Ward Member;
iv) Cllrs Mrs C A Collis, B A Moore, R F Radford and R L Stanley requested that their vote against the decision be recorded;
v) The following late information was reported:
One additional letter of representation has been received raising the following points:
• Question 24 on the application form states the site cannot be seen from public land.
• The site is not highly visible at the moment as it is a green field, but if development takes place it will be clearly visible from Hunters Hill, the Community Garden, the minor road leading to Pitt Farm and Culmstock Beacon.
• The suburban nature of the existing development already has a huge visual impact, MDDC should visit and observe the site from viewpoints in the surrounding area.
• Should the development be approved, the roofs should be constructed of brown tiles and grey slates, with brick and stone walls to blend in with Culmstock village. Orange tiles and white render are not in keeping with the surrounding area.
A map has been sent by the Parish Council, identifying the designated village green (attached) forming part of the area proposed for footpath improvements, the details of which are to be agreed as secured by condition and in the S106.
The numbering of the reasons for conditions on page 42 and 43 is incorrect, below condition 5 on page 42 there is a reason without a number, all other reasons to be adjusted by 1. There are no reasons missing.
(b) No 2 on the Plans List (18/00283/OUT – Outline for the erection of a dwelling and alterations to vehicular access – Jaspers Green, Uplowman).
The Principal Planning Officer outlined the contents of the report by way of presentation highlighting the history of planning applications in the local area and the results of various appeals, the site location, the proposed block plan and photographs from various aspects of the site.
Consideration was given to:
· The views of the agent who reminded Members of the application on the adjacent site which had been approved and had also been infill, the suitability of small scale development in the village, there had been no letters of objection and the Parish Council had not objected.
· The recent appeal decision for 8 dwellings which had been dismissed and the reasoning for dismissal and a further appeal for a single dwelling which had also been dismissed
· The risk of an accumulation of single dwellings coming forward in the village in the event of approval.
RESOLVED that the application be refused as recommended by the Head of Planning Economy and Regeneration for the following reasons:
1. The Local Planning Authority does not consider Uplowman to be a sustainable settlement in that it lacks the day to day facilities that make it suitable for housing growth. Uplowman has only one of the three essential services that the Local Planning Authority considers necessary for even a limited level of new housing development. Whilst Uplowman does have an education facility, it does not have a shop or public transport service (one bus a week). Accessibility to a wide range of services is poor and there would be a high dependency on the usage of the private car. In the opinion of the Local Planning Authority, the proposal would not amount to sustainable development and therefore conflicts with the sustainability objectives of the NPPF. The harm caused by this conflict is considered to significantly and demonstrably outweigh the benefits of the development in providing new housing in the District.
The proposal is considered to be contrary to policies: COR1, COR9, COR12 and COR18 of the Mid Devon Core Strategy (LP1) and the sustainability objectives of the National Planning Policy Framework.
2. There is a hedgerow along the boundary of the site with the road. The application is silent on whether all or part of the hedgerow would need to be removed to facilitate the new access and visibility splays. The hedgerow is considered to contribute towards the rural character of the lane and the visual amenities of the area and its removal would be detrimental to the rural quality of the area. The proposal is therefore considered to be contrary to policies COR2 of the Mid Devon Core Strategy (LP1), DM2 of the Local Plan 3 Development Management Policies and the objectives of the National Planning Policy Framework.
3. The application provides no details of the foul drainage proposals for the dwelling. Policy DM2 of the Local Plan 3 Development Management Policies requires appropriate drainage to be provided including SUDS, and connection of foul drainage to a mains sewer where available. No justification has been provided that the dwelling could not be provided with a connection to the main sewer for foul drainage or that a SUDS scheme or soakaway could not be provided on site, contrary to policy DM2 of the LP3 DMP.
4. Policy AL/IN/3 requires that new residential proposals will contribute to the provision of public open space of at least 60sqm of equipped and landscaped public open space per market dwelling, within the local area. In this case there is a requirement for the provision of £1205 to be provided towards improvements to sporting facilities at Crossways Playing Field, Uplowman
(Proposed by Cllr B A Moore and seconded by Cllr P J Heal)
Notes:
i) Cllrs: Mrs H Bainbridge, Mrs C A Collis, Mrs F J Colthorpe, Mrs G Doe, P J Heal, D J Knowles, F W Letch, B A Moore, R F Radford, J D Squire and R L Stanley made declarations on accordance with the Protocol of Good Practice for Councillors dealing in Planning Matters as they had all received correspondence regarding this application;
ii) Cllr R F Radford declared a personal interest as it had been suggested that he had pre-determined the application (which he rejected), however he would listen to the debate and abstain from voting;
iii) Cllr J D Squire requested that his vote against the decision be recorded;
iv) Cllr R F Radford requested that his abstention from voting be recorded;
v) Mr Culshaw (Agent) spoke;
vi) The following late information was reported:
A further representation :the report to members failed to mention the recent approval of a dwelling located adjacent to this site by the committee on the 4th October 2017 plans list no 3 application number 17/01108/OUT. The application was submitted to committee to consider with an officer recommendation for refusal. The committee considered the application the aspects considered were whether the proposal was defined a s infill, the school, public house and post office in the village, whether there was any physical harm using the land for development of one dwelling, planning policy with regard to development in unsustainable villages, Repercussions of allowing such a site to be developed, previous appeal decision, and concluded that the proposal is considered to be acceptable in that it falls to be in accordance with the provisions of NPPF paragraph 14, the benefits of the provision of a single dwelling that respects the existing development pattern of Uplowman and has no unacceptable impact on highway safety, visual amenity and amenity of neighbouring residents, are considered to outweigh the harm caused by new residential development in a countryside location that is considered to be unsustainable in planning policy terms. The proposed was recommended for approval with conditions to be delegated to the Planning Manager.
Appeal Decision recently received ref APP/Y1138/W/17/3189570 The Beeches, Road from Stag Mill Cross to Lowman Cross, Uplowman EX16 7DW
The proposal was for the creation of 8 dwellings, the application 17/00033/OUT; dated 8th January 2017 was considered and refused on the 19th May 2017.
The application was submitted in outline with access and scale to be determined. A signed and completed unilateral obligation.
The main issue in this case is whether the site would be a suitable location for 8 dwellings having regard to the policies of the development plan and, if harm arises, whether this is outweighed by other material considerations.
The appeal site comprises a field and paddock, along with a large agricultural type building and stables. Access to be off an existing road adjacent to Crosses Farm which serves a small number of dwellings. The dwellings would adjoin Uplowman which is a small settlement, and considered by the inspector as not isolated.
Policy COR1, COR9, and COR17 were all considered by the inspector in this proposal. The applicant put forward a number of arguments to support the proposal, the key points being;
a) Facilities within Uplowman and proximity to Sampford Peverell which have regular bus and train services
b) Accessible location, the village hall and public house are well used
c) The local school has capacity for additional pupils
The inspector concluded the range of services in the settlement is limited with the post office only open 12 hours a week, with no shop and that there is little evidence to suggest the facilities are under threat or that the proposal would enable a shop to open, or public transport to be enhanced.
The inspector concluded that there would be a high probability that residents of the new dwellings would drive into neighbouring settlements. As such the location of the appeal site would generate an appreciable amount of additional car borne travel and associated greenhouse gases.
Uplowman is not defined as a village and that the proposal provides no evidence to indicate that the development would meet the remaining criteria of COR18.
Therefore judged against CS policies COR1, COR9, COR12 and COR18, the proposal would not be a sustainable location.
The planning application referred to in part 1 above was considered in respect of this proposal and the inspector considered this and stated that whilst there are many parallels in relation to the accessibility of the dwellings and the settlement, the scale of the proposal is significantly greater than that permitted.
The inspector considers that due weight should be given to the relevant policies according to their consistency with the framework. The policies are also broadly consistent with Paragraph 55 of the framework which advises that to promote sustainable development in rural area, housing should be located where it would enhance or maintain the vitality of rural communities.
The proposal would have a limited biodiversity gain. Modest economic benefits, any Council Tax revenue would be offset by the new population to serve and would therefore be a neutral factor.
The conclusion is that the adverse impacts on the housing strategy and of increasing travel by car would significantly and demonstrably outweigh the benefits when assessed against the policies of the Framework when taken as a whole. As a result, the presumption in favour of sustainable development does not apply.
Application 18/00027/OUT has recently been considered for the erection of a single dwelling, previous application have been undertaken at this site ( Large section of garden in connection with Little Chace set to the rear of the property) which have been refused including an appeal. The conclusion was that the proposed residential use of the land would conflict with national and local policy which seeks to restrict residential development in rural areas, unless there is specific justification, and in this case, the Authority has not identified any special circumstances which would outweigh the conflict with the development plan.
Within reason 4 for refusal the Monitoring fee has been included (Along with a monitoring fee of £110.80.) which should be removed from the reason as it is dealt with under separate legislation, and does not form part of the reasons associated with this planning application.
(c) No 3 on the Plans List (18/00002/TPO – Tree Preservation Order for 1 willow tree – 2 Quarry View, Burlescombe).
The Area Team Leader outlined the contents of the report by way of presentation highlighting the 2 pine trees that had been removed and the request for the removal of the willow tree which had prompted the request for a Tree Preservation Order. Members viewed the location of the willow tree and various photographs taken from the towpath of the canal.
Consideration was given to:
· To the concerns of the property owner with regard to the impact of the roots of willow tree on the paths surrounding the property, overhanging branch issues and lack of communication from the Tree Officer. The involvement of their aboriculturist in the matter and the need for the property owners to have a discussion with the Tree Officer with regard to a proposed maintenance scheme for the tree.
· The need for the Tree Officer to visit the property.
· The need for the Tree Preservation Order to be confirmed within 6 months from the date it had been made, namely by 6 September 2018.
RESOLVED that the application be deferred to allow the Tree Officer to visit the site and confer with the owners of the property, following this, the application to return to committee for determination.
(Proposed by Cllr P J Heal and seconded by Cllr J D Squire)
Notes:
i) Mrs Jennings spoke on behalf of her parents;
ii) A proposal to agree the confirmation of the Tree Preservation Order was not supported at this time.
Decision Maker: Planning Committee
Made at meeting: 16/05/2018 - Planning Committee
Decision published: 22/05/2018
Effective from: 16/05/2018
Decision:
Consideration was given to the cases 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/17/00072/RURAL – Unauthorised building operations concerning the construction of a mixed used building comprising a farm workshop, storage, smoker, cold store, food processing area, farm office, welfare facilities, kennels and stables – land at NGR 317450 1100777 (Tickle Penny) Clayhidon.).
The Area Team Leader outlined the contents of the report highlighting by way of presentation the breach of planning control. A retrospective planning application had been submitted and refused; the enforcement action proposed would address the breach. Members considered photographs from various aspects of the site which identified the access to the site, the unauthorised construction and various other buildings.
Consideration was given to the views of the landowner who outlined the history of the site and his plans for the land.
RESOLVED that the Legal Services Manager be given delegated authority to take all such steps and action necessary to secure the demolition and removal of the unauthorised operational development and the cessation of the use of the land for the storage of materials associated with the construction work and for the siting of a shepherds hut, motorhome and associated paraphernalia, including the issue of an enforcement notice and prosecution and/or Direct Action in the event of non-compliance with the notice.
(Proposed Cllr R L Stanley and seconded by Cllr Mrs H Bainbridge)
Note: Mr Hillier (Landowner) spoke.
Decision Maker: Planning Committee
Made at meeting: 16/05/2018 - Planning Committee
Decision published: 22/05/2018
Effective from: 16/05/2018
Decision:
RESOLVED that Cllr P J Heal be elected Vice Chairman of the Committee for the municipal year 2018/19.
(Proposed by Cllr Mrs F J Colthorpe and seconded by Cllr F W Letch).
Decision Maker: Cabinet
Made at meeting: 10/05/2018 - Cabinet
Decision published: 14/05/2018
Effective from: 19/05/2018
Decision:
Arising from a report of the Health and Safety Officer, the Community Policy Development Group had recommended that the Cabinet note that the Health and Safety Policy was approved by the JNCC on 07 December 2017, following review by the Health and Safety Committee and Unison.
The Cabinet Member for the Working Environment and Support Services outlined the contents of the report stating that the policy was reviewed annually and that the Council was committed to ensuring high standards of health, safety and welfare of its officers and of the public. She highlighted the various responsibilities of officers (to reflect the updated structure) within the policy along with arrangements, risk assessments and the safe use of plant and equipment.
Consideration was given to the need for the policy to be sensible and workable.
RESOLVED that the recommendation of the Community Policy Development Group be noted.
(Proposed by Cllr Mrs M E Squires and seconded by Cllr C R Slade).
Note: *Report previously circulated, copy attached to minutes.
To consider a report regarding timelines for
Development Plans.
Decision Maker: Cabinet
Made at meeting: 10/05/2018 - Cabinet
Decision published: 14/05/2018
Effective from: 19/05/2018
Decision:
The Cabinet had before it a *report of the Head of Planning, Economy and Regeneration requesting the Cabinet to approve a revised timetable (Local Development Scheme) for the preparation of the Mid Devon Local Plan Review and the Greater Exeter Strategic Plan.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that Local Planning Authorities were required to prepare and keep up to date a development plan for their area. It was important that the development plan was kept up to date to ensure that it reflected recent changes in the planning system, the Council’s current corporate objectives and provided a sound basis for decision making. Therefore a project plan needed to be put in place to ensure that the review was completed efficiently. The purpose of the report was to present a revised version of the LDS which took account of the adjournment of examination hearings for the Mid Devon Local Plan Review that was scheduled to commence in September 2017, and additional time required for the preparation of the Greater Exeter Strategic Plan to reach the Draft Plan Consultation Stage. He explained that work on the Greater Exeter Strategic Plan was in conjunction with 3 other local planning authorities and outlined the work that had taken place to date, the timetable for consultation, publication and proposed submissions and that the plan would require approval by each authority.
Consideration was given to:
· How the Greater Exeter Strategic Plan could supersede our own Local Plan
· The timetable for the Strategic Plan with the District elections in May 2019
· The timetable for the Local Plan Review which was now in the hands of the Inspector
RESOLVED that the new Local Development Scheme (LDS) which will have effect from 18th May 2018 be approved and published on the Council’s website.
(Proposed by Cllr R J Chesterton and seconded by Cllr C R Slade).
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Jenny Clifford
To consider the outcome of the procurement
process
Decision Maker: Cabinet
Made at meeting: 10/05/2018 - Cabinet
Decision published: 14/05/2018
Effective from: 10/05/2018
Decision:
The Cabinet had before it a report of the of the Director of Operations providing information on the outcome of the recent procurement exercise for the direct award, via a procurement framework, for the supply of Boilers for the capital boiler replacement programme and confirmation of the intention to award the contract.
The Cabinet Member for Housing outlined the contents of the report explaining that that the procurement procedure was a compliant direct award process via a boiler supply framework. The Council had set out its requirements and these were matched to companies within the framework.
Consideration was given as to whether the use of a framework process would be used for future replacement programmes
RESOLVED that the Boiler Supply Contract be awarded to Supplier B with an approximate forecast annual cost of £144,000.
(Proposed by Cllr R L Stanley and seconded by Cllr P H D Hare-Scott).
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Andrew Pritchard
Decision Maker: Cabinet
Made at meeting: 10/05/2018 - Cabinet
Decision published: 14/05/2018
Effective from: 10/05/2018
Decision:
The minutes of the previous meeting were approved as a correct record and signed by the Chairman.
Decision Maker: Cabinet
Made at meeting: 10/05/2018 - Cabinet
Decision published: 14/05/2018
Effective from: 19/05/2018
Decision:
Arising from a report of the Director of Corporate Affairs and Business Transformation, the Community Policy Development Group had recommended that:
a) Cabinet be advised that the Council’s existing RIPA Policy did not require updating or amending at the current time.
b) Cabinet note that the Council had not used its powers under RIPA since March 2014.
The Cabinet Member for the Working Environment and Support Services outlined the contents of the report stating that although the policy was reviewed annually, no amendments had been made, she also informed the meeting that the Council had not used its powers under RIPA since 2014. She explained that the policy set out the purposes for which covert surveillance could be used.
Consideration was given to the overt surveillance that did take place with the use of CCTV cameras.
RESOLVED that the recommendations of the Community Policy Development Group be approved.
(Proposed by Cllr Mrs M E Squires and seconded by Cllr P H D Hare-Scott.).
Note: *Report previously circulated, copy attached to minutes.
To consider the options for disposal for the
Crediton Office following the 6 month
moratorium/marketing.
Decision Maker: Cabinet
Made at meeting: 10/05/2018 - Cabinet
Decision published: 14/05/2018
Effective from: 19/05/2018
Lead officer: Andrew Jarrett
To consider the outcome of the procurement
exercise for the supply of kitchens to Council property.
Decision Maker: Cabinet
Made at meeting: 10/05/2018 - Cabinet
Decision published: 14/05/2018
Effective from: 19/05/2018
Decision:
The Cabinet had before it a report* of the Director of Operations providing the outcome of the recent procurement process for the supply of Kitchens for the Modernisation of Council Homes 2018 – 2019 and Kitchen Supply Only Contract 2018- 2022 and confirmation of the intention to award the contract.
The Cabinet Member for Housing outlined the contents of the report explaining that the procurement procedure was a compliant direct award process via a kitchen materials supply framework. The Council had set out its requirements and these had been matched to companies within the framework, he added that only one company had met the preferred criteria.
Consideration was given to:
· The framework process
· How 8 companies could tender but that only one had met the criteria
· The number of kitchens to be provided and the replacement programme
RESOLVED that the Kitchen Supply Contract be awarded to Supplier C with an approximate forecast annual cost of:
2018 – 2019 £ 70,000
2019 – 2020 £126,000
2020 – 2021 £126,000
2021 – 2022 £126,000
(Proposed by Cllr R L Stanley and seconded by Cllr P H D Hare-Scott).
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Andrew Pritchard
Decision Maker: Cabinet
Made at meeting: 10/05/2018 - Cabinet
Decision published: 14/05/2018
Effective from: 10/05/2018
Decision:
Prior to considering the following item on the agenda, discussion took place as to whether it was necessary to pass the following resolution to exclude the press and public having reflected on Article 15 15.02(d) (a presumption in favour of openness) of the Constitution. The Cabinet decided that in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information.
It was therefore:
RESOLVED that under Section 100A(4) of the Local Government Act 1972 the public be excluded from the next item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 respectively of Part 1 of Schedule 12A of the Act, namely information relating to the financial or business affairs of any particular person (including the authority holding that information)
(Proposed by the Chairman)
Decision Maker: Council
Made at meeting: 09/05/2018 - Council
Decision published: 11/05/2018
Effective from: 09/05/2018
Decision:
Councillor C R Slade MOVED seconded by Councillor W J Daw:-
THATthe following programme of ordinary meetings of the Council for the year 2018/19 be approved:-
27 June 2018, 29 August 2018, 24 October 2018, 19 December 2018,
27 February 2019 and 24 April 2019
Upon a vote being taken the MOTION was declared to have been CARRIED.
Decision Maker: Council
Made at meeting: 09/05/2018 - Council
Decision published: 11/05/2018
Effective from: 09/05/2018
Decision:
Councillor R J Chesterton MOVED seconded by Councillor R L Stanley:-
“THAT the Council agree the existing scheme of delegations as set out in Part 3 of the Constitution.
Upon a vote being taken the MOTION was declared to have been CARRIED.
Decision Maker: Council
Made at meeting: 09/05/2018 - Council
Decision published: 11/05/2018
Effective from: 09/05/2018
Decision:
The Chairman MOVED,
“THAT Members be appointed to outside bodies in accordance with the list circulated as amended by the appointment of Councillor Mrs N Woollatt to the Cullompton Traffic Issues and Environment Working Group; Councillor R Evans to the deputy position on the Devon Authorities Strategic Waste Committee; Councillor F W Letch to the Gypsy and Traveller Forum; Councillor Mrs M E Squires to the Most Sparsely Populated Councils Group and Councillor Mrs C P Daw to the Tiverton Adventure Playground Committee.
Upon a vote being taken the MOTION was declared to have been CARRIED and the following appointments APPROVED.
Outside Body |
Representative/s |
Appointment Length |
Blackdown Hills AONB Partnership |
Cllr F J Rosamond |
Annual |
Broadpath Landfill Liaison Committee |
Cllr R Evans |
Annual |
Building Control Joint Committee |
The Leader
Cabinet Member for Planning and Economic Regeneration
|
2019 |
Business Forum Mid Devon |
Cabinet Member for Planning and Economic Regeneration
|
Annual |
Culm Garden Village Delivery Board |
The Leader
Cabinet Member for Planning and Economic Regeneration
|
2019 |
Culm Valley Children’s Monitoring Group |
Cllr R F Radford |
Annual |
Citizens Advice Bureau – Torridge, Mid Devon & Bude
|
Cllr Mrs J B Binks |
4 years until May 2019 |
Community Safety Partnership |
Cabinet Member for the Working Environment and Support Services |
4 years until May 2019
|
Council for the Protection of Rural England Devon Area Executive Committee
|
Cllr J D Squire |
Bi-annual |
Cullompton Town Team 2 Members
|
VACANT Cllr Mrs A R Berry |
Annual |
Cullompton Traffic Issues & Environment Working Group
|
Cllr Mrs N Woollatt |
4 years until May 2019 |
Dartmoor National Park Authority Forum 2 Members
|
Cllr D R Coren Cllr J D Squire |
4 years until May 2019 |
Devon Authorities Strategic Waste Committee (formally known as ‘Devon Authorities Waste Reduction & Recycling Committee’)
|
Leader (under Environment portfolio) Cllr R Evans |
4 years until May 2019 |
Devon Districts Forum |
Leader |
Annual |
Devon Historic Buildings Trust |
Cllr Mrs E J Slade |
Annual |
Devon and Exeter Rail Project Working Party (includes Okehampton Rail Forum)
|
Cllr R M Deed Cllr T W Snow |
Annual |
General Assembly of LGA |
Leader |
4 years until May 2019
|
Gypsy and Traveller Forum |
Cllr R J Chesterton Cllr R L Stanley Cllr F W Letch |
2019 |
Heart of the South West Joint Committee |
Leader |
2019 |
INVOLVE – Voluntary Action in Mid Devon |
Cllr B A Moore |
Annual |
Local Delivery Group advising the Tiverton Children’s Centre
|
Cllr Mrs C P Daw |
4 years until 2019 |
Mid Devon Children’s Centres Advisory Board |
Cllr Mrs J B Binks |
4 years until 2019 |
Mid Devon Community Safety Partnership
- Exe Local Action Group - Creedy Local Action Group - Culm Local Action Group
|
Exe Cllrs Mrs C P Daw and Mrs J Roach Creedy Cllrs D R Coren and R Wright Culm Cllrs Mrs E M Andrews T G Hughes and Mrs N Woollatt
|
4 years until May 2019 |
Mid Devon Highways and Traffic Orders Committee (2 Members)
|
Cllr R J Chesterton Cllr D R Coren |
Bi-annual |
Most Sparsely Populated Councils Group |
Cllr Mrs M E Squires |
4 years until May 2019
|
PCC Councillor Advocate Scheme |
Cllr P J Heal |
4 years until 2019 |
South West Councils |
Leader |
Annual |
South West Councils Employers Panel |
Cabinet Member for the Working Environment and Support Services
|
Annual |
Special Purpose Vehicle |
Cllr R L Stanley
|
2019 |
TAP Fund Panel (previously known as ‘DCC County Committee’) |
Cllr W J Daw Cllr D J Knowles
|
Annual |
Tiverton Adventure Playground Committee |
Cllr Mrs C P Daw |
4 years until May 2019
|
Tiverton & District Community Transport Association
|
Cabinet Member for Community Well-Being |
4 years until May 2019
|
Tiverton & Mid Devon Museum Trust Executive Committee
|
Cllr Mrs E J Slade |
4 years until May 2019 |
Decision Maker: Council
Made at meeting: 09/05/2018 - Council
Decision published: 11/05/2018
Effective from: 09/05/2018
Decision:
The Council had before it tables setting out the proposed allocation of seats on Committees and other Council bodies.
Arising thereon:-
Appointment of Committees and Allocation of Seats on Committees and other Council Bodies
Councillor C R Slade MOVED seconded by Councillor Mrs M E Squires THAT:
(a) the tables be approved with regard to the allocation of seats on Committees and other bodies;
Following discussion and upon a vote being taken the MOTION was declared to have been CARRIED.
Note: Councillors: Mrs E M Andrews, Mrs J Roach, L Taylor and Mrs N Woollatt requested that their vote against the decision be recorded.
Councillor C R Slade MOVED seconded by Councillor P H D Hare-Scott THAT:
(b) Members be appointed to Committees in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats as determined in (a) above;
Upon a vote being taken the MOTION was declared to have been CARRIED.
Note: Councillor Mrs J Roach requested that her vote against the decision be recorded.
Councillor C R Slade MOVED seconded by Councillor Mrs M E Squires THAT:
(c) Members also be appointed to Working Groups and other Internal Bodies in accordance with the names notified to the Chief Executive by each of the Political Groups represented on the Council, to give effect to the approved allocation of seats as determined in (a) above;
Upon a vote being taken the MOTION was declared to have been CARRIED.
Councillor P H D Hare-Scott MOVED seconded by Councillor R L Stanley THAT:
(d) the Chief Executive be authorised to give effect to such changes to membership of Committees, Working Groups and other internal bodies as may be notified to him from time to time by the relevant Political Group to which those seats have been allocated by the Council.
Upon a vote being taken the MOTION was declared to have been CARRIED.
Councillor Mrs J Roach MOVED seconded by Councillor Mrs N Woollatt THAT:
(e) the appointment to seats remaining to be filled by Members, not being Members of a Political Group, shall be made at this meeting.
Upon a vote being taken the MOTION was declared to have been CARRIED.
Therefore the allocation and the following table were APPROVED including the appointment of Councillor Mrs J Roach to the Scrutiny Committee, the Greater Exeter Strategic Partnership Member Reference Group and as a Planning Committee substitute; the appointment of Councillor R M Deed to the Audit Committee and the Environment Policy Development Group; the appointment of Councillor R J Dolley to the Homes Policy Development Group and the Community Policy Development Group; the appointment of Councillor Mrs N Woollatt to the Economy Policy Development Group, the Standards Committee and the Planning Policy Advisory Group; and the appointment of Councillor D J Knowles to the Environment Policy Development Group, the Planning Committee, the Planning Working Group, the Licensing Committee and the Regulatory Committee.
Scrutiny (12)
Mrs H Bainbridge (C) Mrs F J Colthorpe (C) Mrs C P Daw (C) Mrs G Doe (C) Mrs S Griggs (C) Mrs B M Hull (C) T G Hughes (C) F W Letch (LD) Mrs J Roach (UG) F J Rosamond (ING) T W Snow (ING) N A Way (LD)
|
Audit Committee (7)
Mrs J B Binks (C) Mrs C A Collis (C) R M Deed(UG) R Evans (C) T G Hughes (C) R F Radford (C) L Taylor (LD)
|
Environment PDG (9)
D R Coren (C) C P Daw (C) R M Deed (UG) R Evans (C) R F Radford (C) Mrs E J Slade (C) J D Squire (C) D J Knowles (UG) R Wright (LD)
|
Homes PDG (9)
Mrs E M Andrews (ING) Mrs H Bainbridge (C) D R Coren (C) W J Daw (C) Mrs G Doe (C) R J Dolley (UG) P J Heal (C) F W Letch (LD) J D Squire (C)
|
Community PDG (9)
Mrs E M Andrews (ING) Mrs H Bainbridge (C) Mrs A R Berry (C) Mrs C Daw (C) Mrs G Doe (C) R J Dolley (UG) F W Letch (LD) B A Moore (C) Mrs E J Slade (C)
|
Economy PDG (9)
Mrs A R Berry (C) A J Bush (C) Mrs C A Collis (C) J M Downes (LD) S G Flaws (C) Mrs S Griggs (C) Mrs B M Hull (C) F J Rosamond (ING) Mrs N Woollatt (UG)
|
Planning Working Group (8)
Mrs H Bainbridge (C) Mrs F J Colthorpe (C) P J Heal(C) D J Knowles (UG) F W Letch (LD) B A Moore (C) R F Radford (C) J D Squire (C)
|
Planning Substitutes (7)
K I Busch (C) Mrs C P Daw (C) J M Downes (LD) C J Eginton (C) R Evans (C) Mrs B M Hull (C) Mrs J Roach (UG)
|
Standards (9)
Mrs J B Binks (C) Mrs F J Colthorpe (C) C J Eginton (C) F J Rosamond (ING) C R Slade (C) Mrs E J Slade (C) Mrs M E Squires (C) L Taylor (LD) Mrs N Woollatt (UG)
|
Planning Committee (11)
Mrs H Bainbridge (C) Mrs F J Colthorpe (C) Mrs C Collis (C) Mrs G Doe (C) P J Heal (C) D J Knowles (UG) F W Letch (LD) B A Moore (C) R F Radford (C) J D Squire (C) R L Stanley (C)
|
Licensing Committee (12)
Mrs E M Andrews (ING) A J Bush(C) K I Busch(C) R J Chesterton (C) Mrs F J Colthorpe (C) D R Coren (C) Mrs G Doe C) S G Flaws (C) T G Hughes (C) L Taylor (LD) Mrs E J Slade (C) D J Knowles (UG)
|
Regulatory Committee (12)
A J Bush (C) K I Busch(C) R J Chesterton (C) Mrs F J Colthorpe (C) D R Coren (C) Mrs G Doe C) S G Flaws (C) T G Hughes (C) D J Knowles (UG) L Taylor (LD) R Wright (LD) VACANT (UG) |
GESP Member Reference Forum (5)
Mrs F J Colthorpe (C) P J Heal (C) Mrs B M Hull (C) Mrs J Roach (UG) N A Way (LD)
May 2018 |
Planning Policy Advisory Group (9) Mrs H Bainbridge(C) Mrs A R Berry(C) R J Chesterton (C) Mrs F J Colthorpe (C) Mrs B M Hull (C) F W Letch (LD) F J Rosamond (ING) R L Stanley (C) Mrs N Woollatt (UG)
|
Appointments Panel (5)
Leader Deputy Leader Chairman of the Council Cabinet Member for WE & SS Chairman of Scrutiny
|
C – Conservatives ING – Independent Non- Aligned Group LD – Liberal Democrats UG – Ungrouped Member |
Decision Maker: Council
Made at meeting: 09/05/2018 - Council
Decision published: 11/05/2018
Effective from: 09/05/2018
Decision:
Councillor T W Snow nominated Councillor F J Rosamond for election as Chairman of the Scrutiny Committee. The nomination was seconded by Councillor Mrs E M Andrews.
Upon a vote being taken, it was:
RESOLVED that Councillor F J Rosamond be elected Chairman of the Scrutiny Committee for the Municipal Year 2018/2019.
Decision Maker: Council
Made at meeting: 09/05/2018 - Council
Decision published: 11/05/2018
Effective from: 09/05/2018
Decision:
Councillor Mrs G Doe nominated Councillor R B Evans for election as Vice Chairman of the District Council for the year 2018/2019. This nomination was seconded by Councillor F W Letch.
Upon a vote being taken, it was then:-
RESOLVED that Councillor R B Evans be elected Vice Chairman of the Mid Devon District Council for the Municipal Year 2018/2019.
In accordance with Section 83 of the Local Government Act 1972, Councillor R B Evans then made a Declaration of Acceptance of Office.
Decision Maker: Council
Made at meeting: 09/05/2018 - Council
Decision published: 11/05/2018
Effective from: 09/05/2018
Decision:
Councillor D R Coren nominated Councillor P J Heal for election as Chairman of the District Council for the year 2018/2019. This nomination was seconded by Councillor Mrs M E Squires.
Upon a vote being taken, it was then:-
RESOLVED that Councillor P J Heal be elected Chairman of the Mid Devon District Council for the Municipal Year 2018/2019.
In accordance with Section 83 of the Local Government Act 1972, Councillor P J Heal then made a Declaration of Acceptance of Office and addressed the Council.
Decision Maker: Council
Made at meeting: 09/05/2018 - Council
Decision published: 11/05/2018
Effective from: 09/05/2018
Decision:
The Minutes of the Meeting of the Council held on 25 April 2018 were approved as a correct record and SIGNED by the Chairman.