Agenda and minutes

Apologies for absence were received from Councillors Bulled and C. Leaver. 

The Senior Corporate and Community Services Officer advised the Committee that Councillor Norman had been appointed to substitute for Councillor C. Leaver at this meeting.

RESOLVED that the minutes of the meeting held on 3 April 2024 (circulated previously) be approved as a correct record and signed by the Chair.

(a)  Order of Agenda

The Chair advised that item 9, planning application 78083, would be considered before item 7 on the agenda.

Please telephone the Corporate and Community Services team to prepare a form for your signature before the meeting. Interests must be re-declared when the item is called. A declaration of interest under the Code of Conduct will be a Disclosable Pecuniary Interest, an Other Registrable Interest or a Non-Registrable Interest.  If the item directly relates to your interest you must declare the interest and leave the room for the item, save in the case of Other Registrable Interests or Non-Registrable Interests where you may first speak on the item as a member of the public if provision has been made for the public to speak.  If the matter does not directly relate to your interest but still affects it then you must consider whether you are affected to a greater extent than most people and whether a reasonable person would consider your judgement to be clouded, if you are then you must leave the room for the item (although you may speak as a member of the public if provision has been made for the public to speak) or, if you are not, then you can declare the interest but still take part).

The following declarations of interest were announced:

Councillor Davies – Planning application 78424 disclosable pecuniary interest as the agent for the application.

Councillor Denton – Planning application 76293 non registerable interest as the applicant was known to him.

Councillor Lane – Planning application 76293 non registerable interest as the land owner was known to him.

Outline application for up to 450 dwellings including access (appearance, landscaping, layout & scale reserved) - EIA development (Further information as requested by Regulation 25 of The Town and Country Planning (Environmental Impact Assessment) Regulations 2017).  Report by Lead Planning Officer – Major Applications (attached).

The Committee considered a report by the Lead Planning Officer – Major Applications (circulated previously) regarding planning application 76293.

Councillor Denton re-declared a non registerable interest in this application and left the meeting during the consideration thereof.

Councillor Lane declared a non registerable interest in this application as he knew the applicant and left the meeting during the consideration thereof.

The Senior Corporate and Community Services Officer read out statements received on behalf of Mike Tucker (Instow Parish Council - objecting), Sarah and Ryan Tucker (objecting) and Geoff Hall (objecting) to the Committee.

Martin Gimber (North Devon Homes – supporting), Mark Johnston (North Devon and Torridge Housing Crisis – supporting), James McKechnie (supporting), Councillor Bell, Adrian Tucker (objecting), Dennis Jenkins (objecting), Andrew Pegg (Wessex Investors – applicant) and Claire Alers-Hankey (Greenslade, Taylor and Hunt – agent) addressed the Committee.

Councillor Cann (Ward Member) addressed the Committee.

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

·       That reference made to policy ST19 was not applicable to this application as it was not a rural site.  Policy ST18 was the applicable policy in this instance.

In response to issues raised by the speakers, the Lead Planning Officer – Major Applications advised that there had been a fatality on the A39 near to the proposed location of the footpath with a person crossing from Brynsworthy Lane.

In response to questions raised by the Committee, the Development Manager for Devon County Council Highways Authority advised the following:

·       That the Highways Authority preference had been to secure a roundabout as opposed to a crossing.  However, the applicant had been able to demonstrate that traffic signals would work and therefore the Highways Authority had not raised an objection.  The Highways Authority could not dismiss a proposed junction if it could be demonstrated that an alternative solution could work.

In response to questions from the Committee, Andrew Pegg (applicant) advised that it had been decided to not proceed with the provision of a roundabout as part of the development as it would be a larger infrastructure and require more third party land.  The provision of a pedestrian crossing had passed the appropriate tests, was more practical to deliver and would be less confusing for pedestrians and drivers.

In response to questions from the Committee, the Sustainability Officer advised that in relation to the comments made by Natural England regarding the estuary being a migration route for overwintering birds was a general statement.  The applicant was responsible for ecology on the site and there was no suitable habitat on the site for overwintering birders therefore an overwintering survey was not required.

In response to questions from the Committee, the Lead Planning Officer – Major Applications advised the following:

·       A Grampian condition could be imposed on an area outside of the application site to ensure the delivery of part of a development and that without a Grampian condition it would prevent the development taking place until it was secured.

·       The Local Plan  ...  view the full minutes text for item 14.

Councillor Denton left the meeting.

RESOLVED that it being 11.48 a.m. that the meeting be adjourned for a short comfort break.

RESOLVED that it being 11.58 am that the meeting be reconvened.

Demolition of existing buildings and erection of 16 social rented units with associated landscaping and parking. Report by the Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (SE) (circulated previously) regarding planning application 78083.

The Senior Planning Officer (SE) advised the Committee of some typographical errors contained within the report which included the following:

·       Condition 4 – be amended to also include reference to “Plots 3 and 4”.

·       Condition 5 – be amended to also include reference to “Plots 3 and 4”.

·       Conditions 13 to 18 (inclusive) – the reasons be amended to include reference to the relevant policies of the North Devon and Torridge Local Plan.

·       Condition 16 – be amended to include reference to “condition 15” and not “condition 3”.

Mark  Johnson (North Devon and Torridge Housing Crisis Group – supporting), Graham Parkhouse (objecting), Roger Derwas (objecting), Mark Read (applicant) and Matt Steart (agent) addressed the Committee.

The Senior Corporate and Community Services Officer read a statement received from Geoff Fowler (objecting) to the Committee.

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

·       That the issue regarding a parking regulation order being imposed had been discussed with the Development Manager for Devon County Council Highways Authority, who advised that the Highways Authority would not object to the application without this being requested.  However, she advised that a section 106 contribution could be explored to ensure no parking along Furze Hill Road if it was considered to be a betterment.  A Traffic Regulation Order would need to form part of a section 106 agreement.

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

·       The statement read on behalf of Geoff Fowler referred to no parking regulations on the blind bend, two corners and the pinch point along Furze Hill road and was not for the entire road.

·       Reference to the “link has been excluded” within the penultimate paragraph of the Planning Policy Unit consultee response dated 3 January 2024, referred to land ownership to gain access to Chandlers Way.

·       Biodiversity Net Gain could be met within the site, therefore there was no requirement to provide externally.  The Landscape Ecological Management Plan would ensure that Biodiversity Net Gain could be achieved within the site boundaries.

·       The Planning Obligations/Viability paragraph within the report set out contributions to be made through a section 106 agreement.

·       The National Planning Policy Framework allowed Local Planning Authorities to make a planning balance.  The delivery of 100% affordable housing provision through a Community Land Trust with the proposed mix was supported and therefore the principle was acceptable.

·       The applicant had provided a viability appraisal which stated that the development could only be delivered with grant funding support to meet the significant shortfall in costs.

·       The provision of bird and bat boxes would be provided as part of the Landscape Ecological Management Plan.

The Property Manager advised in relation to the consultee response of the Planning Policy Unit dated 3 January 2024, that the access gate to Kingsley Avenue would remain and it was a legal right of way.  ...  view the full minutes text for item 16.

Application for a non-material amendment to planning permission 75220 (demolition of an existing agricultural building and erection of 4 no. two storey houses with amenity space, car parking and landscaping) to allow raising of the roof by 300mm, amendments to porch, fenestration, external materials and re-positioning of solar panels and to Plot 1. Report by the Senior Planning Officer (attached).

Councillor Davies re-declared a disclosable pecuniary interest in this application and left the meeting during the consideration thereof.

Councillor Lane took the Chair.

Councillor Walker was not present during the consideration of this application.

The Committee considered a report by the Senior Planning Officer (SM) (circulated previously) regarding planning application 78424.

In response to a question from the Committee, the Service Manager (Development Manager) advised that an informal briefing would be provided to the Committee in the future regarding Class Q applications and criteria that could be taken into consideration in terms of betterment.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer (SM).

Change of use to provide day care centre including internal alterations and 2 small extensions. Report by Planning Officer (attached).

Councillors Davies and Walker returned to the meeting.  Councillor Davies took the Chair.

The Committee considered a report by the Planning Officer (BC) (circulated previously) regarding planning application 78385.

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

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

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

The Service Manager (Development Manager) provided an update in relation to planning appeals 77333 and 77141.  She advised that an update had been provided to the last Committee meeting in relation to planning appeal 76024.

The Committee noted that a site inspection would be required for planning application 76809, outline application for residential development of 105 dwellings, land to North of Station Road, Woolacombe to view the impact of the development on the Area of Outstanding Natural Beauty (AONB).  The application would be presented to the Committee at its meeting on 3 July 2024.  It was agreed that the site inspection would take place on the afternoon of Wednesday 26 June 2024.