Decision details

72820: Land off Birch Road Landkey, Barnstaple, Devon. EX32 0JZ

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


Councillor Tucker re-declared his pecuniary interest in the application and chose to leave the meeting during the consideration of this planning application.


The Committee considered a report by the Senior Planning Officer (circulated previously).


The Senior Planning Officer addressed the Committee and advised that:


·       The response from Natural England had now been received. Based on the plans submitted, they considered that, subject to mitigation, the proposed development was unlikely to have significant adverse impacts on designated sites and had no objection.

·       Where practical, top soil from the site would be stored and re-used on site in garden and landscape areas to support the retention and re-use of soil in terms of sustainability and in accordance with the Policy DM08 of the North Devon and Torridge Joint Local Plan and paragraph 170 of the National Planning Policy Framework.

·       The Parks Team had worked with the Ward Member to identify the following as priorities for Section 106 funding:

o   Provision of a Community Hall

o   Enhancement of Football club site to include land, pitches and buildings  

o   Enhancement of play areas within the Parish

·       Two further letters of objection had been received since the publication of the agenda.

·       The application fell outside of the development boundary as set within the North Devon and Torridge Joint Local Plan (NDTLP) although the lack of a demonstrable five-year land-supply had given the application weight.

·       Devon County Council’s flood assessment ascertained that the site was capable of dealing with surface water on site.


RESOLVED, that it being 1.10 pm the meeting continue in order for the remaining business to be transacted.


Richard Halliday of Landkey Parish Council addressed the Committee.


Tom Tippett (Supporter), Susan Tiner (objector) and Russell Williams (agent) addressed the Committee.


In response to questions from the Committee, the Senior Planning Officer advised:


·       There was no Tree Preservation Order on the existing tree, although it would be replaced with six similar trees on site.

·       The Environmental Health Team were satisfied with the Air Quality assessment.

·       Section 106 funds could be earmarked for the local primary school.

·       The agricultural  land was a mix of categories 3A and 3B


RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer, subject to   the Senior Planning Officer being delegated authority to secure funding for Landkey Primary School within the Section 106 agreement.


Report author: Sarah May

Publication date: 03/05/2022

Date of decision: 13/04/2022

Decided at meeting: 13/04/2022 - Planning Committee

Accompanying Documents: