Agenda and draft minutes

Planning Committee - Wednesday, 9th September, 2020 10.00 am

Venue: Virtual - Online meeting. View directions

Contact: Corporate and Community Services  01271 388253

Note: If you wish to attend the Committee or address the Committee on a planning application please email memberservices@northdevon.gov.uk by noon Monday 7 September 2020. This will be a virtual meeting and will be conducted in line with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020. Please be aware that when you take part in a virtual meeting your phone number and/or your email address will be visible to councillors and officers of North Devon Council attending the committee but will not be visible to members of the public or others. This is required to allow you to be identified on Microsoft Teams, the software used by the Council to hold virtual committees, and will not be used for any other purpose by the Council. For more information, or to exercise your rights, please see www.northdevon.gov.uk/privacy. 

Media

Items
No. Item

93.

Virtual meetings procedure - briefing and etiquette

Chair to report.

Minutes:

The Chair outlined the virtual meeting procedure and etiquette to the Committee and attendees.

 

The Senior Corporate and Community Services Officer confirmed the names of those Councillors and officers present and advised that members of the public were also in attendance to address the Committee and to listen to proceedings.

94.

Apologies for absence

Minutes:

There were no apologies for absence received.

95.

To approve as a correct record the minutes of the meeting held on 12th August 2020 pdf icon PDF 195 KB

Minutes:

RESOLVED that the minutes of the meeting held on 12 August 2020 (circulated previously) be approved as a correct record and signed by the Chair.

 

96.

Declaration of Interests

(Please complete the form provided at the meeting or telephone the Corporate and Community Services Team to prepare a form for your signature before the meeting.  Items must be re-declared when the item is called, and Councillors must leave the room if necessary)

 

 

Minutes:

The following declarations of interest were announced:

 

Councillor Chesters

Planning application 64000: Personal interest as the Applicant was her neighbour.

 

Councillor Yabsley

Planning application 70467: Personal interest as the owner lived in Witheridge.

 

97.

64000: Outline application for residential development for up to 94 dwellings (all matters reserved)(additional ecological information)(amended information), Land at Chivenor Cross, Chivenor, Devon pdf icon PDF 1 MB

Head of Place to report (attached).

Additional documents:

Minutes:

Councillor Chesters re-declared her personal interest in the above application and chose to leave the meeting during the consideration of this planning application.

 

The Committee considered a report by the Head of Place (circulated previously).

 

Councillor S. Crowther (Vice-Chair of Heanton Punchardon Parish Council), Graham Townsend (agent) and Stuart Maskell (applicant) addressed the Committee.

 

Councillor Davis (Ward Member) addressed the Committee.

 

In response to questions, the Head of Place advised that the Joint Local Plan was adopted in October 2018.  The Senior Planning Officer (JM) referred to an appeal decision in Torrington whereby the Inspector had come to the conclusion that North Devon and Torridge District Councils were unable to demonstrate a five year supply of deliverable housing land sufficient to meet their housing requirements as the Councils had insufficient evidence for the current deliverability of the housing land supply.  The lack of a five year housing land supply had a material impact on the determination of future applications.  However, should the application be approved it would have a positive impact on the five year housing land supply.   

 

The Lead Officer Planning Policy advised that since the adoption of the Joint Local Plan, the National Planning Policy Framework had changed the way in which Authority’s could include sites which could contribute to the five year housing land supply.  The Inspector determined as part of the appeal decision in Torrington that emails from developers could not be included as clear evidence of future delivery.  Due to Covid 19 a high level of build out was not anticipated until market confidence was re-established.  The five year housing land supply was determined at a point of time, therefore both Councils needed to maintain a five year supply.  Build out rates will increase and decrease. Both Councils needed to re-establish the five year housing land supply and ensure that there were sufficient deliverable sites.

 

In response to a question, the Senior Planning Officer (JM) advised that it had been proposed by the applicant  to provide 50% affordable dwellings but at that time the site would have been classed as a rural exceptions site and so the starting point was 100%.   Affordable housing reduced only by cross subsided market housing demonstrated through viability.   However, following the Inspector’s appeal decision in Torrington the site was outside of the development boundary and policies ST17 and ST18 applied.  These policies required the provision of affordable housing to be 30% for this development. There was now no planning policy basis to require the provision of 100% or 50%.  If the Committee was minded to approve the application it could attach additional conditions provided that they met the six tests of reasonableness. As the applicant had agreed to policy compliant contributions an independent viability assessment would not be sought.  If the applicant could not deliver the amount of affordable housing required, then the applicant would be required to submit an application to vary the Section 106 agreement.

 

In response to questions, the Highways Officer (PY), Devon County Council  ...  view the full minutes text for item 97.

98.

Adjournment of Meeting

Minutes:

RESOLVED that it being 12.05 p.m. the meeting be adjourned for a five minute comfort break and reconvene at 12.10 p.m.

 

99.

70467: Outline application for the erection of 26 dwellings and associated car parking and some matters reserved (appearance and landscaping), Land of Southley Road, South Molton, EX36 4BL pdf icon PDF 959 KB

Head of Place to report (attached).

Additional documents:

Minutes:

Councillor Chesters returned to the meeting.

 

The Committee considered a report by the Head of Place (circulated previously).

 

Councillor Marc Cornelius (South Molton Town Council) addressed the Committee.

 

Councillors Henderson and Worden (Ward Members) addressed the Committee.

 

In response to a question, the Planning Officer (DB) confirmed that the application was for the erection of 26 dwellings.

 

In response to questions, the Lead Planning Officer (JW) advised that the land at Mill Street and Pannier Market end of the site were under separate ownership.  The section 106 would require the pavement to be built to an adoptable standard and that the long term aim would be for adoption once  the pavement connected to the public highway by Devon County Council.

 

RESOLVED (9 for, 2 against, 1 abstained) that the application be APPROVED as recommended by the Head of Place.

 

100.

71912: Application for a non material amendment to planning permission 71405 to change approved timber cladding to a composite material for the elevations, Tarka Tennis Centre, Seven Brethren Bank, Barnstaple, Devon, EX31 2AS pdf icon PDF 1 MB

Head of Place to report (attached).

Additional documents:

Minutes:

The Committee considered a report by the Head of Place (circulated previously).

 

Molly Leonard (agent) addressed the Committee.

 

RESOLVED that it being 1.00 p.m. that the meeting continue in order for the remaining business to be transacted.

 

Councillor Knight (in his capacity as Ward Member) addressed the Committee.

 

In response to questions, the Lead Planning Officer (JW) advised that the change of the approved timber cladding to a composite compressed fibre cladding material for the elevations was considered to be more appropriate for a modern design building.  The composite material would visually look like timber and would have a softening impact.  Concerns had been raised regarding the timber claddings ability to stand up to weather erosion.

           

RESOLVED (10 for, 1 abstained, 1 against) that the application be APPROVED as recommended by the Head of Place.

 

101.

Appeals Report pdf icon PDF 399 KB

Head of Place to report (attached).

Additional documents:

Minutes:

The Committee considered and noted a report by the Head of Place (circulated previously) regarding planning and enforcement appeal decisions received since those reported at the last meeting of the Committee.