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Decision Maker: Planning Committee
Made at meeting: 11/08/2021 - Planning Committee
Decision published: 13/08/2021
Effective from: 11/08/2021
Decision:
The Committee considered the applications in the *Plans List.
Note: *List previously circulated and attached to the minutes.
a) Application 21/00072/MARM – (reserved matters for the erection of up to 105 dwellings, associated landscaping, public open space and allotments together with vehicle and pedestrian access from Siskin Chase and pedestrian access from Colebrooke Lane, following outline approval 19/01839/MOUT – land at NGR 301216 106714 (West of Siskin Chase) Colebrooke Lane, Cullompton)
The Area Team Leader outlined the contents of the report informing the meeting of the history of the site, the outline planning permission which had been granted in September 2020 and explained that the current reserved matters application dealt with layout, appearance, landscape and scale and that the access to the development had been considered as part of the previous outline application.
She provided a presentation which highlighted: the site layout, the main vehicular access via Siskin Chase, the construction access via Colebrooke Lane (both agreed at outline), the proposed street scene, the landscaping layout which was predominately to the south of the site; the affordable housing layout and the position of the accessible and adaptable homes; the parking strategy, soft landscaping and the play equipment set up, the allotments proposals and photographs from various aspects leading to the site.
Consideration was given to questions from the committee with regard to:
· The maintenance of the open space and who would be responsible for the allotments, where was the cycle way and whether the location of the bird boxes could be identified.
· Concerns with regard to surface water run off
· The tree planting scheme, the location of the affordable housing, whether the allotments would be bunded and the lighting to the pedestrian access
· Housing standards associated with the ‘Ashenford’ – 2 bed properties and the views of Public Health and that this would be a Building Control matter.
· Play space for older children
· The pinch point in Siskin Chase which had already been considered at outline.
Further consideration was then given to:
· The views of the objector with regard to the lack of cycle paths within the development, the high car use encouraged on the site by way of the additional parking spaces which was thought to be excessive, the excessive parking at the allotments and concerns with regard to flooding on the pedestrian path to the site.
· The views of the agent with regard to the access consented at the outline stage, what was being considered as part of the reserved matters application, the high quality design of the development with ample open space and parking, the involvement of the Design Review Panel, the affordable housing on the site, the electric charging points for every dwelling, the adaptable and accessible homes, the contributions through the S106 agreement and the dialogue that had taken place with the Town Council.
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)
Reason for the Decision: As set out in the report
Notes:
i.) Cllrs: E J Berry, S J Clist, R J Dolley and B G J Warren made declarations in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as they had spoken with and received correspondence from interested parties;
ii.) Mrs Mako-Yule spoke in objection to the application;
iii.) Mr Harrison (Agent) spoke;
iv.) Cllr E J Berry spoke as Ward Member for Cullompton South;
v.) Cllr E J Berry requested that his vote against the decision be recorded.
b) Application 20/00748/FULL – (Change of use of land from commercial to residential use, including the demolition of a building and the erection of a single storey dwelling – 22 Lower Town, Sampford Peverell)
The Interim Development Management Manager outlined the contents of the report explaining to those present the background to the application, the consultation process that had taken place, including the issues raised by the Parish Council and the issues covered by the informative notes within the report. He provided a presentation which highlighted the location of the site, the existing and proposed block plan, the floor plans, elevations, the position of the lights on the tennis court, the retention of the perimeter wall and explained the measures that had been put in place to mitigate the flood risk. He also provided photographs from various aspects of the site.
The officer then further highlighted the headlines within the report that of: the principle of development, the design and appearance of the proposal, the amenity, managing the flood risk, environmental impact, heritage matters, access and highways issues
Consideration was given to questions from Members which included:
· Whether there was any precedent with regard to properties being built alongside recreational facilities.
· The relevance of the sequential test
· The removal of the PD Rights
· Possible flood issues and the installation of the mezzanine floor
· The closeness of the boundary wall to the proposed dwelling
· Whether the officer was content with the land contamination report
Further consideration was given to:
· The views of the applicant with regard to the maintenance that was required to the current building, the need for the business to move to larger premises as it had outgrown the site and that the site would be much better as a dwelling.
· The views of the Ward Members with regard to: their thoughts that the development was not appropriate in the proposed location, the refuge above ground floor to overcome the flood risk, the closeness of the play area and local sporting facilities to the proposed dwelling, the closeness of the access route to the canal, that the proposed dwelling would not appeal to potential residents and the impact of the tennis court lighting on the property.
· The views of the Parish Council with regard to the history of the site and that the building had originally been the Cadet Hut, the proposal was adjacent to the play park and the public toilets, the tennis courts were used every day and more so at weekends and the impact of this on the residents of the property, the access to the public car park and the siting of food retail vans would impact on the property and that the building should have been considered for other uses.
It was therefore RESOLVED that: planning permission be granted subject to conditions as recommended by the Head of Planning, Economy and Regeneration.
(Proposed by Cllr P J Heal and seconded by Cllr G Barnell)
Reason for the Decision: As set out in the report
Notes:
i) Cllr Mrs C A Collis made a declaration in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as she was the Ward Member;
ii) Cllr R J Dolley made a declaration in accordance with the Protocol of Good Practice for Councillors dealing with planning matters as he knew members of the Parish Council;
iii) Marie Yaxley (Applicant’s partner) spoke;
iv) Cllr Mrs Culpin spoke on behalf of the Parish Council;
v) The Chairman read a statement on behalf of Cllr Miss Norton (Ward Member);
vi) Cllr Mrs C A Collis spoke as Ward Member;
vii) Cllr Mrs C A Collis requested that her vote against the decision be recorded;
viii) Cllr C J Eginton requested that his abstention from voting be recorded.
To receive an update on the Housing
Infrastructure Plan.
Decision Maker: Cabinet
Made at meeting: 03/08/2021 - Cabinet
Decision published: 06/08/2021
Effective from: 11/08/2021
Decision:
The Cabinet had before it a *report of the Head of Planning, Economy and Regeneration updating Cabinet on the infrastructure projects under the Housing Infrastructure Fund (HIF)totalling £18.2 million, in relation to which the Council had entered grant funding agreements with Homes England and had submitted the initial claims to draw down the first tranches of funding. The report also considered emerging financial considerations and sought instruction from Cabinet at this stage in the project, whilst identifying that there would be future key decision points for both projects.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report explaining the status of both schemes as well as considering emerging issues including financial considerations. The risk assessment section recognised the importance of the successful delivery of both schemes, whilst acknowledging that there was increasing pressure on project finances and funding sources.
Work to deliver the projects of corporate significance continued in close liaison with Devon County Council as the delivery partner and with Homes England. There had been considerable progress, including the grant earlier this year of planning permission for the Cullompton relief road scheme and the associated relocation of Cullompton Cricket Club.
The risk profile and degree of financial exposure for the Council was being kept under review and further reporting would be required to inform options at key decision stages. Timescales for both projects remained tight and hence challenging, as did the requirements of the grant fund agreements in meeting milestones. However, efforts continued to be made to de-risk the projects through the early anticipation of problems and mitigating action. The pressure on project cost was significant. In terms of the Cullompton scheme, the Levelling Up Fund bid sought to overcome this issue. Next steps and options for that project would depend upon the outcome of that key grant fund application.
He continued by stating that emphasis must also continue on the delivery of the homes that the infrastructure would unlock, this being both the purpose of the HIF funding but also important to the delivery of the Council’s Local Plan, continuing to meet the Housing Delivery Test and in the recovery of the HIF funds via S106 agreements.
Consideration was given to:
· Concerns with regard to financial exposure and the need to mitigate any risk.
· A number of further decision points would be required with regard to funding for these projects.
· The increase in the costs for the projects and the reasons why such increases were being reported – The Head of Planning, Economy and Regeneration stated that construction costs had increased, the costs for the relocation of the sports facilities and the land acquisition were now better understood and that Devon County Council had updated allowance for risk and contingency at 20%.
· The history of the HIF funding, the original plans for early capacity improvements to J28 of the M5 which had been rethought to be achieved through the relief road, there were now concerns with regard to the amount of funding required to complete that project.
· The additional funding required by S106 agreements.
· The possible additional costs of the junction on the A361 and the need to wait for the tender process for this project to take place to confirm cost and that further reports would be considered by the Cabinet following the procurement process.
· Whether the departure of the Head of Planning, Economy and Regeneration would impact on the schemes – the Chief Executive informed the meeting that interim arrangements were in place.
· If the relief road was unviable, whether there was a Plan B or should the project revert to Junction 28? The Head of Planning, Economy and Regeneration stated that the relief road would provide short term capacity improvements to the junction and would allow for environmental improvements in the town. Further, more strategic improvements were still required to Junction 28 but those would be over a longer timescale.
· Further concerns with regard to whether the Levelling Up funding would be provided and the need for the Cabinet to receive regular updates.
RESOLVED that officers be instructed to:
i) Continue to work with Devon County Council to deliver the project;
ii) Bring a report back to Cabinet once the tendering process is complete in order to seek a formal decision (with Devon County Council) over whether the delivery contract be entered into.
i) Continue to work with Devon County Council to deliver the project;
ii) Once the outcome of the Levelling Up Fund bid is known to seek further instruction from Cabinet by bringing another report considering the financial implications and options available.
(Proposed by Cllr R J Chesterton and seconded by Cllr B A Moore)
Reason for the decision – to continue to progress work towards strategic projects.
Note: *Report previously circulated and attached to the minutes.
Lead officer: Jenny Clifford
To consider a revised policy.
Decision Maker: Cabinet
Made at meeting: 03/08/2021 - Cabinet
Decision published: 06/08/2021
Effective from: 11/08/2021
Decision:
Arising from a *report of the Corporate Manager for Public Health, Regulation and Housing; the Homes Policy Development Group had made the following recommendation:
That the revised Aids and Adaptations Policy as attached in Annexe 1 be approved.
The Cabinet Member for Housing and Property Services outlined the contents of the report stating that the revised policy considered recent legislation and tenancy agreements and enabled the Council to serve its tenants in need of adaptations to their properties
RESOLVED that the recommendation of the Policy Development Group be approved.
(Proposed by Cllr R B Evans and seconded by Cllr C R Slade)
Reason for the decision - to allow for formal adoption of the updated policy. The policy is key to ensuring that tenants with disabilities are supported to have access to facilities as set out by the medical and related professional opinion, in accordance with individual need and ability in order to continue living in their home.
Note: *Report previously circulated, copy attached to minutes.
To receive the Public Spaces Protection Order
after public consultation and recommend adoption to
Cabinet.
Decision Maker: Cabinet
Made at meeting: 03/08/2021 - Cabinet
Decision published: 06/08/2021
Effective from: 11/08/2021
Decision:
Arising from a *report of the Environment and Enforcement Manager the Environment Policy Development Group had made the following recommendations:
· To resolve to make and bring into force the draft PSPO at Appendix A.
· To authorise the Monitoring Officer to take all necessary steps to make and bring into force the draft PSPO at Appendix A.
· To instruct Officers to bring to the Environment PDG a draft variation of the PSPO (once made) to include the land identified by Hemyock for consideration for consultation.
The Cabinet Member for the Environment and Climate Change outlined the contents of the report highlighting the history of the PSPO and the work that had been undertaken to date which included a further consultation process.
Consideration was given to:
· The resource available for enforcement
· The work of the enforcement officers
· The need to consider the culture of enforcement across Mid Devon
RESOLVED that the recommendation of the Policy Development Group be approved.
(Proposed by Cllr C R Slade and seconded by Cllr D J Knowles)
Reason for the Decision - to ensure that the Council has a Public Spaces Protection Order in place.
Note: *Report previously circulated, copy attached to minutes.
The Cullompton Higher Bullring Public Realm
Enhancement project, delivered in partnership with Devon County
Council, seeks to enhance the heritage setting of the Higher
Bullring public realm while providing a flexible, extended
community space for community events and cultural activities.
Landscape design consultants are to be appointed to take forward
the public realm design in consultation with the
community.
Decision Maker: Cabinet
Made at meeting: 03/08/2021 - Cabinet
Decision published: 06/08/2021
Effective from: 11/08/2021
Decision:
The Cabinet had before it a *report of the Head of Planning, Economy and Regeneration advising Members on the results for the procurement of consultants on the Cullompton High Street Heritage Action Zone Town Centre Public Realm Enhancement Design.
The Cabinet Member for Planning and Economic Regeneration outlined the contents of the report stating that Historic England had awarded a High Street Heritage Action Zone (HAZ) to Cullompton, following a successful bid by this Council. The administration of the HAZ programme of works rested with this Council through to March 2024 and included public realm improvements around the Higher Bullring delivered in partnership with Devon County Council.
The report covered the appointment of the preferred selected consultants based on an open tender process.
The scope of work was for landscape/ public realm design services up to the Royal Institute of British Architects (RIBA) stage 3 (spatially coordinated design), to cover the town centre of Cullompton from the Higher Bullring through the Fore Street to the Lower Bullring.
The funding for this procurement, as well as the funding for the implementation of works to the selected Higher Bullring area, was being provided as part of the wider High Street Heritage Action Zone (HSHAZ) programme in Cullompton which had already been agreed. Evaluation criteria set out in the tender document established that price formed 40% of the total score available, with 60% allocated to quality based around a series of questions the tenderers were required to answer.
RESOLVED that the concept design contract for Cullompton Town Centre Public Realm Enhancement Design be awarded to Supplier 4.
(Proposed by Cllr R J Chesterton and seconded by Cllr Mrs N Woollatt)
Reason for the decision –there was a need to confirm the award of the tender to enable the specified work to be progressed
Note: *Report previously circulated, copy attached to minutes.
Lead officer: Jenny Clifford
To consider fees and charges.
Decision Maker: Cabinet
Made at meeting: 03/08/2021 - Cabinet
Decision published: 06/08/2021
Effective from: 11/08/2021
Decision:
Arising from a *report of the Corporate Manager for Public Health, Regulation and Housing; the Homes Policy Development Group had made the following recommendation:
· That Cabinet approve the revised fees as set out in Annex 1.
· That Cabinet approve the updated Policy on the Use of Financial Penalties for Housing Act Offences as set out in Annex 2.
· That Cabinet approve the Corporate Manager for Public Health and Regulation and Housing having delegated authority to authorise relevant officers to enforce The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020.
· That changes to the way Works in Default charges are constructed are agreed.
The Cabinet Member for Housing and Property Services outlined the contents of the report stating that the Council had a duty to ensure that private accommodation met minimum standards and that there were regulations for licensing, management and use of houses in multiple occupation, carbon monoxide detectors and smoke alarms, electrical safety and defined hazards within the home. All of the enforcement activities and relevant fees and charges within the policy were set out in compliance with the legislation and the adopted Enforcement Policy. The Council had the power to recover all reasonable costs and those were ring-fenced for further enforcement action. There was a duty under Public Health to give confidence to the public.
Consideration was given to the fees and charges and that they would be reviewed on an annual basis.
RESOLVED that the recommendation of the Policy Development Group be approved.
(Proposed by Cllr R B Evans and seconded by Cllr B A Moore)
Reason for the decision - Recharging for officer time in relation to enforcement activities, Houses in Multiple Occupation (HMO) licensing and recovering costs associated with non-statutory services means that we are encouraging compliance within the private rented sector, providing suitable for homes for our residents and ensuring HMOs do not have an adverse impact on communities.
Note: *Report previously circulated, copy attached to minutes.