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Decision Maker: Planning Committee
Made at meeting: 25/09/2019 - Planning Committee
Decision published: 26/09/2019
Effective from: 25/09/2019
Decision:
a) No 1 on the Plans List 19/01160/FULL – Siting of an open fronted storage building at Mid Devon District Council, Unit 3, Carlu Close, Hitchcocks Business Park.)
The Principal Planning Officer outlined the contents of the report by way of presentation highlighting the location, a block plan and elevations of the proposal. He informed the meeting of the history of the site and the various applications that had been considered.
Consideration was given to:
· Whether any representation had been received from the Parish Council
· The B1, B2 and B8 restrictions on the site
It was therefore:
RESOLVED that: planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by the Chairman)
Note: the following late representation was received:
An e-mail dated 23rd September with regard to the report not dealing with 2 aspects raised by an objector as part of the application. Outlining that there is a link between the expansion of the Business Park under planning application 19/00928/MFUL and this application for a container on an existing industrial site, and that there is a conflict of interest that MDDC will be swayed to approve the expansion of the Business Park because of this application.
Response of the Case Officer
1 There is no link between this application and 19/00928/MFUL (expansion of Hitchcocks Business Park)
2 There is no conflict of interest or predetermination of this application.
To consider the use of consultants.
Decision Maker: Cabinet
Made at meeting: 19/09/2019 - Cabinet
Decision published: 23/09/2019
Effective from: 28/09/2019
Decision:
The Cabinet had before it a * report of the Head of Planning, Economy and Regeneration seeking approval for officers to prepare a Playing Pitch Strategy for Mid Devon, using external consultants support where necessary.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that a new strategy was required for Mid Devon which was consistent with Sport England guidance. A Playing Fields Strategy had been published in 2010 and an Open Space and Play Area Strategy published in 2014; there was now a need for updated evidence and information specifically on the supply of and demand for playing pitches across the Mid Devon District to meet the sporting needs of local communities. The new strategy would become part of an evidence base which would be used to inform future strategic plan-making for the district and help shape masterplanning for the Culm Garden Village. It was proposed that the project team would include an external consultant and that the project management would be provided by officers also that the Council had sought to reduce the cost of preparing the strategy by carrying out as much of the initial data gathering as possible in house. Throughout the process the work would be overseen by the project steering group.
The Forward Planning Team Leader explained the amount of work that was required to form the strategy and the work that was proposed to take place in house. Recent engagement had taken place with the Football Association to progress a local football facilities plan for Mid Devon which would assist with the strategy and be used to guide investment decisions.
Consideration was given to:
· The cost of the proposed work would depend on the amount of work required by the consultant
· Whether the remit of sports proposed for inclusion in the strategy could be expanded to include other sports
· The involvement of clubs affected by the proposed relief road in Cullompton to be given additional support
· The funding would come from ear marked reserves held for plan making and the strategy would inform the early stage of the next Local Plan Review
· The amount of officer time required to aid the consultant
RESOLVED that the preparation of a Playing Pitch Strategy for Mid Devon and the use of an external consultant support to help the preparation of the strategy be approved.
(Proposed by Cllr G Barnell and seconded by Cllr D J Knowles)
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Jenny Clifford
To receive the 3 yearly review of Regulation of Investigatory Powers Policy from the Director of Corporate Affairs and Business Transformation.
Decision Maker: Cabinet
Made at meeting: 19/09/2019 - Cabinet
Decision published: 23/09/2019
Effective from: 28/09/2019
Decision:
Arising from a report of the Director of Corporate Affairs and Business Transformation, the Community Policy Development Group had made the following recommendations: that
(1) the Cabinet be requested to approve the reviewed Regulation of Investigatory Powers revised policy including the new annex on social media/internet research.
(2) officers draft a policy on covert surveillance for non-RIPA cases to be submitted for approval and;
(3) the contents of the report be noted.
The Cabinet Member for the Working Environment and Support Services outlined the contents of the report stating that the PDG had also considered a draft annex to the RIPA policy to provide guidance on the monitoring of information online such as social media posts, training would be given to officers on the monitoring of information online. It was also proposed that officers draft a policy on covert surveillance for non-RIPA cases to be submitted for approval. She was also able to report that the Council had not used its powers under RIPA since March 2014.
RESOLVED that the recommendation of the Policy Development Group be approved.
(Proposed by the Chairman)
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Jill May
Decision Maker: Cabinet
Made at meeting: 19/09/2019 - Cabinet
Decision published: 23/09/2019
Effective from: 19/09/2019
Decision:
Following the meeting on 22 August, the Chairman of the Scrutiny Committee had called in the following decision of the Cabinet
a) the proposed new tariffs for each of the council owned car parks in Mid Devon be approved as detailed in the annexe to the Working Group report apart from overnight charges from 1800 - 0800 which are to revert to being free of charge, with the exception of Tiverton Multi Storey and Phoenix House car parks (which will remain 24 hour charging).
For the following reasons:
· The decision is illogical
· The decision diminishes legitimate income
· The decision goes against the balanced recommendation of the Car Parking Working Group
The Scrutiny Committee at its meeting on 2 September 2019 resolved that the Cabinet be requested to reconsider the decision to abolish night time car parking charges.
The Cabinet had before it the relevant *report and a copy of the minute from the Scrutiny Committee on 2 September 2019. The Chairman stated that there was a need to reconsider the recommendations of the working group and the Economy Policy Development Group in light of the discussions held at the Scrutiny Committee.
He reflected on the initial decision by the Cabinet at its meeting on 22 August 2019, where the Cabinet had agreed with the new tariffs for each of the Council owned car parks but did consider in the majority of council owned car parks that overnight charging should cease, with the effect of reducing the Council’s income from car parking by £28k a year. He felt that, given the Council’s substantial in year budget deficit coupled with the recent decision to agree significant capital investment in the MSCP, that it would be inappropriate to forgo this sum. He considered the requirement that a Council cannot use net income from car parking charges to support revenue expenditure across the Council, even with any increased income no breach of legislation would take place. Capital expenditure had already been proposed for the car parks which would extinguish any net income gained over the period. He felt that the recommendation of the working group to purchase a permit for overnight parking for £100 per year which was less than 30p per night, offered good value.
Consideration was given to:
· The original decision which some felt was reasonable and sound seeing that there had been a recommendation to increase tariffs during the day time
· The need for any net income to be used to maintain and/or make improvements to Council owned car parks
· The costs of running the car parks and the amount of income received per annum
· Parking in William Street car park
· Free overnight parking would alleviate on street parking problems
· The views of the Scrutiny Committee
· The need to encourage the purchase of permits by better advertising
It was therefore RESOLVED that:
a) The proposed new tariffs for each of the Council owned car parks in Mid Devon be approved as per the annexe in the Working Group Report
b) Overnight parking permits be amended to offer greater value for money for residents and that the annual one-off charge be set at £100. Also approved is an option to pay by monthly direct debit at £10 per month, with a one-month cancellation period.
(Proposed by the Chairman)
Note: *Report and minute previously circulated, copy attached to minutes.
To approve the outcome of the procurement
exercise.
Decision Maker: Cabinet
Made at meeting: 19/09/2019 - Cabinet
Decision published: 23/09/2019
Effective from: 19/09/2019
Decision:
The Cabinet had before it a *report of the Group Manager for Corporate Property and Commercial Assets requesting the Cabinet to review the results of the Tiverton Town Regeneration tender and requesting it to reward the contract.
The Chairman informed the meeting that it had become clear in recent days that the members of the Cabinet required more detail with regard to the overarching aims of the proposed works and the financial considerations which would underpin them, there was a need for the Cabinet to be comfortable with the information and proposal prior to proceeding with a decision. There was no intention to look at the tender process and there would be no discussions with any of the bidders.
It was therefore
RESOLVED that the item be deferred to allow for further discussions to take place.
(Proposed by the Chairman)
Note: *Report previously circulated, copy attached to minutes
Lead officer: Andrew Busby
Decision Maker: Planning Committee
Made at meeting: 18/09/2019 - Planning Committee
Decision published: 19/09/2019
Effective from: 18/09/2019
Decision:
The Committee had before it a * report of the Head of Planning, Economy and Regeneration regarding the above application.
The Area Planning Officer outlined the contents of the report highlighting by way of presentation an aerial view of the site which depicted the site layout, the proposed number of dwellings, the school site, landscaping proposals, the proposed link road, walking routes, attenuation ponds and the pedestrian link to Rull Lane. She informed the meeting that the issues raised at the previous meeting had been addressed, that of the parking layout in the school area, clarification with regard to the size of the gardens and the positioning of the retaining wall within some of the gardens and the traffic calming proposed. She outlined the street elevations across the site, the site sections, the house types which all now complied with the National Space Standards, the garages and bin stores and Members viewed photographs from various aspects across the site.
Consideration was given to:
· The police concerns with regard to the fencing which had been addressed by Condition 23
· Issues to do with the public right of way which had been addressed by Condition 8
· The number of electric car charging points, addressed within condition 9
· Possible visual impact issues
· Maintenance and general upkeep of the trees and hedges within the development site
· The pedestrian routes and cycleways and their segregation
· The views of the applicant with regard to the issues raised at the previous meeting and the amendments that had been made to the application: the issue of parking arrangements had been resolved, electric charging points could be increased where possible, the character areas within the development, the cycleways and footpaths set back from the road, the issues with the gardens and that the dwellings would be built in line with ‘Fabric First Design’.
· The views of representative from the Town Council with regard to the width of the road and pavements and the provision of adequate car parking on the site, the reality of using cars rather than walking or using public transport, the need for adequate garage sizes, the aging population and the need to reflect on this with regard to pedestrian access and house types and the position of the attenuation ponds.
· The views of one of the Cullompton Members with regard to the size of the houses proposed.
It was therefore:
RESOLVEDthat planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration subject to the following:
Condition 7: the reference to “condition 4” in 7.D. should read “condition 5”.
Condition 23: this condition should be amended to read:
First occupation of any dwelling shall not take place until the boundary treatments for that dwelling have been installed in accordance with details which shall have been previously submitted to and approved in writing by the Local Planning Authority. Only such approved boundary treatments shall be installed.
and the prior signing of a S106 agreement for:
i) The overall S106 package between the three applications set out in the separate over-arching Section 106 report at Appendix A to this report, and
ii) To secure the provision of the community orchard, health garden and other public open space together with its long term management and maintenance.
(Proposed by the Chairman)
Notes
i) Cllr Guest (Cullompton Town Council ) spoke;
ii) Mr Smith, the applicant spoke;
iii) Cllr Mrs E M Andrews spoke;
iv) *Report previously circulated copy attached to signed minutes.
v) The following late information was provided:
HIGHWAY AUTHORITY – 9th September 2019
The Highway Authority has confirmed as follows:
1. The spine road will be along the route as shown on the detailed plans submitted with the application. Any variations from these details will require an amendment to the plans which the Town Council will be notified of.
2. The junction priority will be for Willand Road to enter the site and run through to Tiverton Road. The remaining part of Willand Road to the signals at Station Road will be subservient with a give way marking. Mini-roundabouts would not be acceptable to provide access to a new development and are contrary to that set out by Design Manual for Roads and Bridges. An alternative option is for a full roundabout, however, this is likely to introduce a greater stop start element in the Air Quality Action Zone.
3. The Highway Authority has agreed a mini-roundabout design at the school entrance which will cater for a Leopard Coach (52 Seater). The Highway Authority would not advocate a second access, and would wish to see inclusion of the off-line parallel parking bays to dissuade any parking on the spine road. The spine road would also be subject to appropriate Traffic Regulation Orders where necessary and appropriate.
4. The residential roads will be 4.80 metres wide, compliant with Government advice on road widths and in keeping with the adopted Masterplan SPD. Turning heads will be of sufficient size to cater for turning manoeuvres. Any vehicle that parks on the public highway and causes an obstruction can be prosecuted under the Highway Act by the police. There are no rights to park on the public highway within the Highway Act and the primary function set out by the Highways Act is for all traffic to pass and repass.
5. The Highway Authority does not consider that the Willand Road/Millennium Way junction will be problem for construction traffic. However, as part of the Construction Management Plan a swept path analysis can be requested and any mitigation measures put in place.
6. A formal restriction to stop motorised vehicles from using the pedestrian accesses onto Rull Lane can be part of the Section 38 Agreement (highways adoption agreement) design.
7. Part of the Section 106 Agreement improvements is works to the public rights of way, which includes consideration of this footpath.
8. With regard to the consideration of the impacts of increased traffic on Willand, this was considered alongside traffic generation from the two outline applications and initial concerns over the increased queues were superseded by the Planning Inspector’s decision on the Willand site. There is a desire to see contributions towards the Town Centre Relief Road being sought through Section 106 monies and given these improvements, congestion in Willand is not considered an issue.
ENVIRONMENTAL HEALTH – 9th September 2019
1. The low emission assessment provided detail regarding the Travel Plan and cumulative air quality impact. Given that the revised application makes no changes impacting on air quality, there are no additional comments to be added by Environmental Health. The distribution of development traffic, according to the Travel Plan, indicates only a minor adverse impact along Willand Road, Cullompton as a result of the development and cumulative developments. Subsequently, there are no adverse concerns regarding the air quality in Willand. MDDC currently monitor the air quality to the closest receptors at Ash Close along the B3181 in Willand and the results are well under the air quality objective as required by Defra.
Conditions – 17 September 2019
First occupation of any dwelling shall not take place until the boundary treatments for that dwelling have been installed in accordance with details which shall have been previously submitted to and approved in writing by the Local Planning Authority. Only such approved boundary treatments shall be installed
Decision Maker: Planning Committee
Made at meeting: 18/09/2019 - Planning Committee
Decision published: 19/09/2019
Effective from: 18/09/2019
Decision:
The Committee had before it * report of the Head of Planning, Economy and Regeneration regarding the above application.
RESOLVED that the updated report be NOTED as the application had already received planning permission subject to the approval of a Section 106 Agreement.
(Proposed by the Chairman)
Note: *report previously circulated, copy attached to minutes.
Decision Maker: Council
Made at meeting: 11/09/2019 - Council
Decision published: 13/09/2019
Effective from: 11/09/2019
Decision:
The Chairman of the Planning Committee presented the report of the meeting of the Committee held on 31 July 2019.
1. Scheme of Delegation and the consideration of Enforcement Cases (Minute 33)
The Chairman of the Planning Committee MOVED seconded by Councillor D J Knowles:
THAT the recommendations of the committee as set out in Minute 33 be ADOPTED.
Upon a vote being taking, the MOTION was declared to have been CARRIED.
Decision Maker: Council
Made at meeting: 11/09/2019 - Council
Decision published: 13/09/2019
Effective from: 11/09/2019
Decision:
There was a need to seek nominations to appoint 5 additional Members to the GESP Member Reference Forum.
The Chairman requested that the Group Leaders nominate:
2 additional Conservative Members
1 additional Liberal Democrat Member
1 additional Independent Member
1 Green Party Member
Councillor R B Evans nominated Councillors Mrs M E Squires and R L Stanley as the additional representatives from the Conservative Group.
Councillor L D Taylor nominated Councillor L J Cruwys as the additional representative from the Liberal Democrats Group.
Councillor R M Deed nominated Cllr D F Pugsley as the additional representative from the Independent Group (however further clarification was sought following the meeting as Councillor D F Pugsley was already a representative on the forum – this will be reported to the next meeting of Council and a further representative will be sought).
Councillor Miss E Wainwright put forward her name as the representative from the Green party.
The Chairman MOVED that the above Members be appointed as Council’s representatives to the GESP Member Reference Forum.
Upon a vote being taken the MOTION was declared to have been CARRIED.
To consider a report regarding the NHS Hub
loan.
Decision Maker: Council
Made at meeting: 11/09/2019 - Council
Decision published: 13/09/2019
Effective from: 11/09/2019
Decision:
The Leader presented the report of the meeting of the Cabinet held on 25 July 2019
1. Crediton GP/NHS Hub – Loan Decision (Minute 33)
The Leader MOVED seconded by Councillor R J Dolley
THAT the recommendations of the Cabinet as set out in Minute 33 be ADOPTED.
Following discussion and upon a vote being taking, the MOTION was declared to have been CARRIED.
Lead officer: Andrew Jarrett