Apologies for absence were received from Councillor Chesters.  Councillor Biederman had been appointed as a Substitute Member for Councillor Prowse.  Councillor Walker had been appointed as a Substitute Member for Councillor Leaver.

RESOLVED that the minutes of the meetings held on 9 November 2022 and 30 November 2022 (circulated previously) be approved as correct records and signed by the Chair subject to minute 2 being amended to remove reference to “Ward Member”.

The Chair wished everyone Seasons Greetings.

(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)

The following declarations of interest were announced:

Councillor Gubb – planning application 75650, other registerable interest as a Member of the North Devon Crematorium Joint Committee.

Councillor Mackie – planning application 74943, other registerable interest as she lived close by but not adjacent to the site.

Councillor Yabsley – planning application 74775, other registerable interest as the Devon County Councillor.

Councillor Walker – planning application 75650, other registerable interest as Chair of the North Devon Crematorium Joint Committee.

Hybrid planning application to provide an Agricultural-Hub comprising: Area 1: Full Planning Permission for the erection of workshop & storage & distribution uses with ancillary offices, shop & showroom, (sui generis), creation of access and associated works (Phase 1); Area 2: Outline Application for the erection of buildings 1, 2 & 3 for agri-business uses falling under Use Classes Class E (a) retail, Class E (e) medical services, Class E (g) Business, B2 workshop & B8 storage & distribution with appearance & scale to be reserved matters (Phases 2 & 3). Report by the Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (circulated previously) in relation to planning application 74775.

Graham Lamb (Chair of Rackenford Parish Council), David Morgans (objector), Susanna Coffin (objector), Ian Lucas (objector), Peter Grugeon (objector) and Andy Pryce (applicant) addressed the Committee.

In response to questions raised by Members, the Senior Planning Officer (DB) advised the following:

·       As part of informal discussions post last planning committeethe Highways Authority had suggested that the hedgerow be removed to improve visibility of the buildings to make people aware of activity and a potential junction being present.  The Council as the Local Planning Authority had declined this as a suggestion as the preference was to retain landscaping and ecology benefits .  The landscaping scheme had not changed.

·       An image of the junction was shown to the Committee following a request by a Member.

·       Planning Policy had not provided a consultation response.  Planning Policy had been involved in the pre-application stage.  Planning Policy had advised that it was a balanced decision and therefore would not be providing a consultation response.

In response to questions raised by Members, the Service Manager (Development Management) advised the following:

·       An officer from the Highways Authority had been invited to attend the meeting, but was unable to attend due to other priorities.

·       The Highways Authority was a technical consultee and had been consulted on the application on a number of occasions. The Highways Authority considered that there was no severe impact in accordance with paragraph 111 of the National Planning Policy Framework and would not be able to support the refusal of the application. The Highways Authority had not requested improvements to the application and the applicant had offered a number of additional improvements to be made to the scheme.

·       There was no policy in place to protect the green corridor along the North Devon Link Road corridor however the visual impact needed to be considered.  There were a number of other commercial units situated along the A361 North Devon Link Road, such as Pathfields and near to Barnstaple.  If the application was refused on this basis, the Planning Inspector would review the whole A361.

·       Following the Committee meeting in October 2022, the sequential test approach had been extended to include Tiverton. It also included South Molton and Witheridge. The sequential test was a snap shot at the current time of what was available and suitable which met the needs of the applicant.  Following this test, there was no other suitable location for this development.

·       The Highways Authority had not requested the applicant to undertake a traffic survey.  The applicant had made some improvements to the scheme.  There was no basis for the applicant to be required to undertake such a survey as the Highways Authority had not requested it.

·       The Council was sent a lot of data in relation to the highways and accidents, however the Highways Officer was not present to confirm whether the Highways Authority had taken this into account.

·       Although no consultation response  ...  view the full minutes text for item 100.

RESOLVED that it being 11.25 am that the meeting be adjourned for a five minute comfort break and reconvened at 11.30 am.

Outline application for erection of residential development for 80 dwellings with some matters reserved (appearance, landscaping, layout and scale). Report by Lead Planning Officer (South) (attached).

Councillor Mackie re-declared an other registerable interest in this application and left the meeting during the consideration of this item.

Councillor Walker declared an other registerable interest in this application as a Member of Fremington Parish Council.

The Committee considered a report by the Lead Planning Officer (South) (circulated previously) in relation to planning application 74943.

The Lead Planning Officer (South) advised the following:

·       That since the publication of the report, further objections had been received and the total number of objections were now 53.

·       Further to the site inspection held on 30 November 2022, it was confirmed that the layout of the site was driven by the location of the overhead electricity cables.  The proposed location of the access to the development was due to the location of two bus laybys and to avoid conflict in traffic movements.  No concerns had been raised by Environmental Health regarding potential light impact from vehicle headlights on properties located at Linscott Crescent.  It was considered that there would be no light impact as the properties were raised.

Simon Penrose (objector), Andrew Lainchbury (objector) and Lucy Downes (applicant) addressed the Committee.

The Senior Corporate and Community Services Officer read statements received from Dr Peter Williamson (objector), Phil Lewis (objector) and Jayne Day (objector) to the Committee.

Following representations made by the public, the Lead Planning Officer (South) advised the following:

·       Clarified the position of the pedestrian access which had been amended from the original plans.

·       Was not aware that the hedgerow had been removed on site since the site inspection had taken place on 30 November 2022.  This would need to be considered outside of this application and would be an enforcement issue.

·       There was no access at the north east corner of the site.

·       The indicative plans would not form part of the formal planning permission.

·       The cumulative highway impact on the surrounding network was outlined in paragraph 4.5 of the report.

·       Sewage issues on the neighbouring development was not a material consideration for this application and an issue which the owners needed to resolve with the developer and South West Water.

·       The section 106 contributions from Devon County Council Education would have considered the impact from Yelland Quay given the stage of the appeal in March 2022 and was calculated on the number of bed spaces on the proposed development.

·       Environmental Health had not requested a specific noise survey in relation to Orchard Lodges, however had requested a noise survey on how the proposed development would be impacted by road noise from Yelland Road.

·       The recent ministerial statement that had been made by Michael Gove was a statement of intent and would be subject to consultation.  The comments included within the report in relation to the 5 year housing land supply was correct.

·       The location of the public open space at the east of the site was due to the constraints of the location of the overhead electricity cables.

·       Additional landscaping could be sought as part of the reserved matters application.  ...  view the full minutes text for item 102.

RESOLVED that it being 1.15 pm that the meeting be adjourned for a five minute comfort break and reconvened at 1.20 pm.

Siting of 2 interpretation panels, free standing on timber legs positioned next to the two access points. Report by Lead Planning Officer (North) (attached).

Councillor Mackie returned to the meeting.

Councillor Mack declared an other registerable interest as an active member of the Community Woodland and took no part in the consideration of this application.

The Committee considered a report by the Lead Planning Officer (North) (circulated previously) in relation to planning application 75962.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Lead Planning Officer (North).

Application under Regulation 3 of the Town & Country Planning General Regulations 1992 notification by NDC for replacement of the upper car park gravelled surface with tarmac and erection of storage unit for the storage of documents and non-flammable chemicals & storage bunds. Report by the Planning Officer (attached).

The Committee considered a report by the Planning Officer (CR) (circulated previously) in relation to planning application 75650.

RESOLVED (8 for, 0 against, 0 abstained) that the application be APPROVED as recommended by the Planning Officer.

Demolition of the existing façade in a Conservation Area. Report by the Lead Planning Officer (North) (attached).

The Committee considered a report by the Lead Planning Officer (North) (circulated previously) in relation to planning application 76119.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Lead Planning Officer (North).

To consider the Appeal Report. Report by the Senior Planning Support Officer (attached).

The Committee considered and noted the appeal report by the Senior Planning Support Officer (circulated previously).