Venue: Barnstaple Rugby Club
Contact: Corporate and Community Services 01271 388253
Note: From the 7 May 2021, the law requires all councils to hold formal meetings in person. The Council is also ensuring that all venues used are Covid secure and that all appropriate measures are put in place. There are six spaces available for members of the public to attend if they wish to address the Committee If you would like to book a place, please contact Corporate and Community Services by 12noon on Mon 6th Feb 2023 to book a place by telephoning 01271 388253 or emailing email@example.com.
Apologies for absence
There were no apologies for absence received.
RESOLVED that the minutes of the meeting held on 11 January 2023 (circulated previously) be approved as a correct record and signed by the Chair subject to minute 112, fourth bullet point on page 2 being amended to “….which he had been advised by a Highways Officer had been plotted on the map incorrectly….”
Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency
(a) Dates of meetings
The Chair advised that dates for a meeting of the Committee in April and site inspections needed to be arranged and would be agreed following the conclusion of the Committee meeting.
(b) Informal briefing
The Chair advised the Committee that an informal briefing would be provided for the Committee by the Planning Policy Officer regarding the National Planning Policy Framework.
(c) 5 Year Housing Land Supply
The Chair requested an update position on the 5 Year Housing Land Supply.
Councillor Prowse, Chair of the Joint Planning Policy Committee advised that following the last meeting of the Joint Committee a further report would be presented to the March 2023 Joint Committee meeting to provide an update on the 5 Year Housing Land Supply and a recommendation would then be made to Council. An update would also be provided to the Joint Committee on the review of the Local Plan.
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)
The following declaration of interest was announced:
Councillor Fowler – planning application 76256, other registerable interest as Chair of the Ilfracombe Harbour Board and Trustee of Ilfracombe Yacht Club.
Outline application for the erection of 5 dwellings including access and associated works with some matters reserved (appearance, layout, scale and landscaping), Report by the Senior Planning Officer (attached).
The Committee considered a report by the Senior Planning Officer (DB) (circulated previously) in relation to planning application 74895.
In response to questions, the Senior Planning Officer (DB) advised the following:
· The landowner was in control of when the remainder of the site would come forward for development. The landowner had advised that there were currently no plans to come forward with the remainder of the site as the land was used for access to farm buildings.
· The SHLAA/HELA process has allocated this site for the development of up to 20 dwellings.
· No consultation response had been received from the Housing Enabling Team as the application was for 5 dwellings, which was below the trigger threshold for affordable housing. However, it was assumed that there was a housing need within the parish of Chulmleigh.
· The Devon hedge bank would be considered as part of reserved matters.
· No indication had been provided in terms of the size of the dwellings, however it was likely to be single storey dwellings to reflect the dwellings on the opposite side of the road.
· The same landowner owned the whole site.
In response to questions, the Service Manager (Development Management) advised the following:
· Advised the Committee of the outcome of a Torridge District Council planning appeal in January 2022, whereby the applicant had put forward an application for 5 dwellings, where the site allocation was for 30.
· As the application had submitted an appeal to the Planning Inspectorate for non-determination, the Committee could make a recommendation to the Planning Inspectorate that if the remainder of the site allocation came forward, which was under the same ownership, that the 5 dwellings be taken into account and the 6th dwelling would therefore be affordable.
· As it was an allocated site, the 5 year housing land supply had less weight.
· Officers were satisfied with the density of the site and that the remaining 15 dwellings could fit on to the rest of the allocated land. The density was reflective to density of the opposite site. The site allocation was for up to 20 dwellings.
· The appeal for non-determination of the application could not be withdrawn to her knowledge.
Councillor Davies addressed the Committee in his capacity as Ward Member.
In response to a question from the Committee, the Solicitor advised that the ministerial statement issued by Michael Gove, was only a statement of intent which advised that a consultation process would be undertaken and therefore the changes were only those anticipated at this time. She warned the committee against taking this statement into consideration.
RESOLVED (unanimous) that the following recommendation be submitted to the Planning Inspectorate who will make the final decision:
(a) That the principle of development of this site and the access arrangements be accepted but the Committee would wish to seek:
a. the removal of the reference of 5 dwellings
b. a higher density of the site
(b) This was due to the Committee expressing concerns regarding the application not being compliant ... view the full minutes text for item 118.
Notice of an application to modify a planning obligation under regulation 3 of the T & C P (modification and discharge of planning obligations) Regulations 1992 in respect of application 60823. Report by the Lead Planning Officer (South) (attached).
The Committee considered a report by the Lead Planning Officer (Majors applications) (circulated previously) in relation to planning application 75797.
In response to a question, the Lead Planning Officer (Majors applications) advised that a section had been included within the report regarding the use of section 106 commuted sums for affordable housing.
In response to a question, the Housing Enabling Officer advised that there was a cascade system in place regarding the allocation of affordable housing. He advised that firstly affordable housing would be offered to households within the parish with a high identified need. Affordable housing would only be allocated outside of the parish if there was no-one with an identified need in the parish of Fremington. If the Committee was minded to approve the full section 106 commuted sum for affordable housing, this would provide an additional two dwellings.
RESOLVED (unanimous) that the Deed of Modification be APPROVED subject to the section 106 agreement being amended to allocate £335,500 for affordable housing and that the Lead Planning Officer (South) be delegated authority to amend the Section 106 agreement accordingly.
Application under Regulation 3 of the T & CP General Regulations 1992 notification by NDC for the creation of a new vehicle and pedestrian access from Alexandra Road into Queens Street Bear Street Car Park. 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 76081.
The Lead Planning Officer (North) advised that since the publication of the report, consultee responses had been received from the Highways Authority who had no further objections and from the Waste and Recycling Commercial Services who confirmed that they would still be able to collect waste and recycling in the area. He also reported the receipt of an updated Landscaping Plan from the applicant which confirmed there would be a net gain. Therefore, the recommendation for approval would need to be amended to relate to the new landscaping plan received.
Duncan King (objector) and Bernard King (objector) addressed the Committee.
In response to comments made by the objectors, the Lead Planning Officer (North) advised the following:
· Appropriate public consultation had been undertaken which included site notices and neighbour notifications.
· No other options had been put forward for consideration.
· No conditions had been recommended by the Environmental Health Officer to mitigate noise levels or air pollution (consultation response included within page 68 of the report). The same Environmental Health Officer was in post at the time when the two dwellings located at 19 and 20 Alexandra Road were considered for change of use from office accommodation into residential dwellings.
· The issues raised in relation to highways had been considered by the Highways Authority.
In response to questions from the Committee, the Lead Planning Officer (North) advised the following:
· The Highways Authority were in agreement to use the layby to access the site in order to retain the freeflow movement of traffic along the urban relief road as it was a principle road artery through the town and therefore needed to be protected.
· There were very limited options available to mitigate nose at the front of 19 and 20 Alexandra Road. Greenery would not prevent noise. The Environmental Health Officer had advised that it was unlikely that there would be a significant difference to noise levels than that is currently demonstrated. It was very difficult to provide any effective screening.
· If the access was moved further north, it would be closer to the traffic lights and there were also changes in gradients. The proposed scheme had been approved by the Highways Authority.
In response to a question, Councillor Leaver confirmed that the Devon County Council Barnstaple and Bideford Local Cycling and Walking Information Plan would take into account the proposed scheme.
Councillor Mack, in his capacity as Ward Member, addressed the Committee.
RESOLVED (11 for, 2 against and 1 abstained) that the application be APPROVED as recommended by the Lead Planning Officer (North) subject to the conditions being amended to relate to the new landscaping plan.
Adjournment of Meeting
RESOLVED that it being 11.55 am that the meeting be adjourned for a five minute comfort break and reconvened at 12.00 pm.
Councillor Mack left the meeting.
Application under Regulation 3 of the T & C P General Regulations 1992 notification by NDC for positioning of temporary structures and associated parking for use in conjuction with adjacent watersports centre. 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 76256.
The Lead Planning Officer (North) reported the receipt of a revised fencing elevation drawing since the publication of the agenda and recommended that reference to the fence elevation drawing in the proposed condition 2 be amended to reflect the revised drawing.
Matt De-Havilland (supporter) and Trevor Hill (applicant) addressed the Committee.
The Senior Corporate and Community Services Officer read statements to the Committee received from Paul Smith (objector), David Thomas (objector), Ian McCurdy (objector) and Cheryl McCurdy (objector).
Councillor Crabb, in his capacity as Ward Member, addressed the Committee.
In response to a question from the Committee, the Lead Planning Officer (North) advised that the proposed condition 8 restricted the height of canoe racking/storage apparatus fitted with a roof covering shall not exceed 2 metres in height. The original height proposed for the fence was 2.4 metres. This had now been reduced to 2 metres in height which was a more appropriate height and visibility through the fence.
RESOLVED (unanimous) that the application be APPROVED as recommended by the Led Planning Officer (North) subject to:
(a) Condition 2 being amended to reflect the revised fence elevation drawing.
(b) An additional condition being included stating that the fence shall not exceed 2 metres in height.
Application under Regulation 3 of the T & C P General Regulations 1992 notification by NDC for demolition of a non-listed barn in a conservation area at the rear of 36 Boutport Street. 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 76313.
RESOLVED (unanimous) that the application be APPROVED as recommended by the Lead Planning Officer (North).
To consider the Appeal Report by the Senior Planning Support Officer (attached).
The Committee considered and noted the appeal report by the Senior Planning Support Officer (circulated previously).