Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.
Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.
Decision Maker: Planning Committee
Made at meeting: 31/07/2019 - Planning Committee
Decision published: 02/08/2019
Effective from: 31/07/2019
Decision:
RESOLVED that the following application be determined or otherwise dealt with in accordance with the various recommendations contained in the list namely:
(i) No 3 on the Plans List (19/00306/LBC – Listed Building Consent for the replacement of Upvc windows to timber windows on south elevation – Middle Weeke Farm, Morchard Bishop) be approved subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
b) No 1 on the Plans List (19/00573/FULL – Variation of conditions 2, 3,5,6,7 and 8 of planning permission 17/00910/FULL to allow substitution plans – 10 Mayfair, Tiverton).
The Area Team Leader outlined the contents of the report by way of presentation highlighting the site location, the access to the site (which was not proposed to be adopted by the Highway Authority), the approved site plan and the proposed alterations to the scheme. She identified the land to the south, east and west of the site which would form Area B of the Tiverton Eastern Urban Extension and confirmed that there was no access to this land through Mayfair. Members viewed the access drive plan and the junction onto Mayfair, the proposed elevations of the dwellings and photographs from various aspects of the site. The officer confirmed that there was no proposal for a footpath alongside the access to the site.
Responding to questions posed in public question time, she confirmed that the access road would be tarmaced and would be a minimum of 4.1 metres wide. The applicant was responsible for the construction of the access road and the maintenance would be agreed by the landowner and the house owners, this was not a planning matter.
Consideration was given to:
· Possible issues with water run off affecting the bungalow on the access road and the views of the Lead Local Flood Authority
· The amendments to how sewage would be dealt with
· The access road being viewed as suitable for adoption by the Highway Authority but that it would remain a private road.
· The increase and reduction in some of the floor levels of the new dwellings
· How and why conditions could be varied
· The views of the objector with regard to the previous layout in the approved application and that pedestrian provision had been within the original plans. Reference was made to the original conditions relating to occupation of the properties.
· The views of the applicant with regard to him purchasing the land with planning permission and the amendments that he wished to make to the site for bespoke houses of a better quality. The removal of the attenuation pond and how that would reduce the amount of soil to be removed from the site
· Whether the access road should have a footpath
· The location of any bin store and whether the refuse lorry would access a private road, even if it is was to an adopted standard
· The views of the representative from the Highway Authority with regard to the standard of the road surface and the acceptability of the design.
It was therefore:
RESOLVED that: the application be deferred to allow for further discussions to take place with the applicant with regard to the footway, the bin store and its location and how refuse collection could be best managed.
(Proposed by Cllr L J Cruwys and seconded by Cllr Mrs C A Collis)
Notes:
i) Cllrs E J Berry and D J Knowles made declarations in accordance with the Protocol of Good Practice for Councillors in dealing with Planning matters as they knew some of the residents;
ii) Mr Menheneott spoke in objection to the application;
iii) Mr Milton (Applicant) spoke;
iv) Cllr D J Knowles spoke as Ward Member;
v) Cllr Mrs F J Colthorpe requested that her vote against the decision be recorded;
vi) Cllr J Cairney and J M Downes requested that their abstention from voting be recorded;
vii) The following late information was provided: 2 additional letters have been received raising the following concerns:
· Information submitted is complex and difficult to understand;
MDDC website not kept as up-to-date as it might be;
· Doubt over the adoption of the road and where waste bins will be collected from;
· Pedestrians need a pavement for safety and to encourage walking
· Removal of the footpath
Page 9, line 8 of the officers report is incorrect. No pavement is being proposed alongside the private access road. This is to be a shared surface area with a minimum width of 4m (mostly 4.5m). The Highway Authority accept that this access arrangement could serve the potentially 9 dwellings.
c) No 2 on the Plans List (19/00075/MFUL – Erection of an agricultural educational/training facility to include demolition of farm buildings erection of 5 buildings comprising of 20 residential apartments for service users; alterations to convert existing buildings to create classrooms and office sites, formation of an access track and overspill car park – Land and buildings at NGR 286791 113761 (Kelly Farm) Nomansland).
The Area Team Leader provided an update to the report which provided clarity in respect of the required visibility spay at the entrance, the findings of the dusk and dawn bat surveys which had been carried out in July, the screening to the north boundary and the low lighting plan. He then outlined the contents of the report by way of presentation highlighting the location of the site, the existing and proposed plans, he explained the different barn uses, the proposed elevations, the materials to be used, the surface water drainage proposals, the hedge replacement scheme to the rear of the passing places, the access plan which highlighted the visibility splay and photographs from various aspects of the site.
Consideration was given to:
· The views of the agent for the application with regard to the community facility in the countryside, the applicant’s experience with regard to residential care, the kind of care that would be provided, the independence of some of the residents and the proposed travel plan
· The suitability of the location for the scheme and the rural aspects of life that would be taught.
It was therefore:
RESOLVED that: planning permission be granted subject to conditions and informative notes as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr B G J Warren and seconded by Cllr E J Berry)
Notes:
i) Cllrs E J Berry, Mrs F J Colthorpe and R F Radford declared personal interests as Devon County Councillors;
ii) Cllr Mrs F J Colthorpe made a declaration in accordance with the Protocol of Good Practice for Councillors in dealing with Planning Matters as the application was in her ward and it had been discussed at the Parish Council.
iii) Mr Stokes (Agent) spoke;
iv) The following late information was reported:
1. In light of the condition recommended by the Local Highway Authority with respect to the required visibility splay at the entrance, the applicant has submitted plan drawing no. 3681.PL.092 Rev B which shows the required visibility splay being met. The Local Highway Authority has viewed this plan and has confirmed that it is acceptable and should be conditional of any consent.
(This would be covered by recommended conditions 2 and 3 within the officer report).
2. The finding of the dusk and dawn bat surveys carried out in July have been provided which found no re-entry of bats on the dawn and a single emergence from a common pipistrelle during the dusk survey from the stables, western apex of the lower roof gable end. Therefore it is concluded that any new development proposals are unlikely to have anything more than a low impact on commuting, foraging and roosting bats.
The main mitigation / compensation / enhancement would be to maintain the north boundary trees to screen from the development, and to implement a low lighting plan to include:
• The design must use only the minimum number of lights required;
• Lights are to be fitted with UV filters or lack UV elements when manufactured to lower the range of wildlife species affected by lighting;
• Warm White (>3000K) LED lamps, which reduce upward light pollution, must be used where possible;
• Lights to be hooded;
• Bollard lights must be used to retain darkness above, be triggered by human movement and installed with a timer to turn off after a short amount of time;
• If/where security lights are required, these will be triggered by human movement, and be fitted with a timer adjusted to the minimum amount of ‘lit time’;
• Movement sensors to be carefully installed and aimed to illuminate only the immediate area required by using a sharp downward angle;
• A baffle, shield or hood must be used to avoid illuminating at a wider angle to reduce light spill beyond target areas; and
• No upward lighting to be used, especially at and above eaves height to avoid any possible roosting features.
(This would be covered by recommended conditions 7 and 8)
Decision Maker: Planning Committee
Made at meeting: 31/07/2019 - Planning Committee
Decision published: 02/08/2019
Effective from: 31/07/2019
Decision:
The Committee had before it a *report of the Head of Planning, Economy and Regeneration regarding the above application.
The Group Manager for Development outlined the contents of the report stating that following the decision of the Cabinet on 4th April 2019 to dispose of Moorhayes Community Centre in Tiverton to the Moorhayes Community Association, there was a need to make amendments to the original S106 agreement to reflect the change of ownership and to secure obligations in order to safeguard continued community use once the ownership changed.
RESOLVED that the revisions to the S106 agreement as set out in paragraph 2.2 be agreed and that a supplemental S106 agreement be entered into.
(Proposed by the Chairman)
Notes:
i) Cllr D J Knowles declared a personal interest as a member of Moorhayes Community Centre Committee;
ii) *Report previously circulated, copy attached to minutes.
Decision Maker: Council
Made at meeting: 24/07/2019 - Council
Decision published: 29/07/2019
Effective from: 24/07/2019
Decision:
The Chairman of the Regulatory Committee presented the report of the meeting of the Committee held on 4 July 2019.
1. The Scheme of Delegations for functions of the Regulatory Committee (Minute 9)
The Chairman of the Regulatory Committee MOVED seconded by Councillor D R Coren:
THAT the recommendations of the committee as set out in Minute 5 be ADOPTED.
Upon a vote being taking, the MOTION was declared to have been CARRIED.
Decision Maker: Council
Made at meeting: 24/07/2019 - Council
Decision published: 29/07/2019
Effective from: 24/07/2019
Decision:
(1) Motion 554 (Councillor R J Chesterton – 20 March 2019)
The following Motion had been referred to the Community Policy Development Committee for consideration and report:
In light of recent press articles on the subject, this Council believes that
(i) Parish and town councils should, in reply to any street naming proposal from a developer, be allowed to recommend to this Council that a street be named after an individual, including the living.
The Community Policy Development Group at its meeting on 25 June 2019 considered the Motion and recommended that it be supported.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
The Policy Development Group also recommended that the following wording be placed in the Council’s procedure:
In exceptional circumstances should a proposal be made to name a Street after a living individual, on the grounds of them having made an outstanding contribution to the locality and/or its people, these will be permitted if both approval by the individual and unanimous agreement between the Cabinet Member with delegated authority for the service and appropriate Ward members is received.
Following discussion, the Chairman MOVED that the wording to be placed in the procedure be amended to read:
In exceptional circumstances, should a proposal be made to name a street after a living individual, on the grounds of the living individual having made an outstanding contribution to the locality and/or its people, such proposals will be permitted if both approval by the individual and unanimous agreement between the Cabinet Member with delegated authority for the service and appropriate Ward Members are received.
Upon a vote being taken, the MOTION was declared to have been CARRIED.
(2) Motion 556 (Councillor N A Way – 8 April 2019)
The following Motion had been referred to the Environment Policy Development Committee for consideration and report:
Mid Devon District Council has a record of environmental protection and protecting wildlife.
Council is greatly concerned by the growing trend across the country of developers using netting over hedgerows and trees at development sites to stop birds nesting and other wildlife using the hedges and trees.
This is wrong and runs against the best interests of supporting and enhancing local wildlife.
We call on all developers not to use netting in Mid Devon. Additionally, we call on Government to ban the use of netting at all sites with planning consent, those sites identified in the Local Plan and the emerging Greater Exeter Strategic Plan.
The Environment Policy Development Group at its meeting on 11 June 2019 considered the Motion and recommended that it be supported.
Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.
(3) Motion 557 (Councillor J Downes – 9 July 2019)
The Council has before it a MOTION submitted for the first time:
‘That this council instructs the Head of Planning, Economy and Regeneration to take the earliest available opportunity in planning policy terms to embed a zero-carbon requirement on all future development taking place in Mid Devon in order to respond to the climate emergency.'
The MOTION was MOVED by Councillor J M Downes and seconded by Councillor R J Dolley.
In accordance with Procedure Rule 14.4, the Chairman of the Council had ruled that this Motion be dealt with at this meeting.
Following discussion and upon a vote being taken, the MOTION was declared to have been CARRIED.
Decision Maker: Council
Made at meeting: 24/07/2019 - Council
Decision published: 29/07/2019
Effective from: 24/07/2019
Decision:
There was a need to seek nominations to appoint one Member of the Council to the Heart of the South West Local Enterprise Partnership Joint Scrutiny Committee (Outside Body).
Councillor R B Evans MOVED seconded by Councillor B A Moore that Councillor R J Chesterton be appointed as the Council’s representative to the Heart of the South West Local Enterprise Partnership Joint Scrutiny Committee.
Upon a vote being taken the MOTION was declared to have been CARRIED.
There was a need to seek nominations and appoint two Members of the Council to the Mid Devon Locality Committee
The Leader MOVED seconded by Councillor B G J Warren that Councillor D J Knowles be appointed as one of the Council’s representative’s to the Mid Devon Locality Committee.
Councillor G Barnell MOVED seconded by Councillor R B Evans that Councillor Mrs N Woollatt be appointed as one of the Council’s representative’s to the Mid Devon Locality Committee.
Upon a vote being taken the MOTION was declared to have been CARRIED.
To consider adopting the Management Plan
following the consultation process.
Decision Maker: Council
Made at meeting: 24/07/2019 - Council
Decision published: 29/07/2019
Effective from: 24/07/2019
Decision:
The Leader presented the report of the meeting of the Cabinet held on 30 May 2019
1. Blackdown Hills - Area of Outstanding Natural Beauty (AONB) Management Plan (Minute 5)
The Leader MOVED seconded by Councillor L D Taylor:
THAT the recommendations of the Cabinet as set out in Minute 5 be ADOPTED.
Upon a vote being taking, the MOTION was declared to have been CARRIED.
Lead officer: Jenny Clifford