Agenda and minutes

Planning Committee - Wednesday, 13th October, 2021 10.00 am

Venue: Barnstaple Rugby Club Main Room - Barnstaple Rugby Club. View directions

Contact: Corporate and Community Services  01271 388253

Note: From the 7th May 2021, the law requires all councils to hold formal meetings in person. The Council is also required to follow Government guidance and ensure that all venues used are Covid secure and that all appropriate measures are put in place. There are limited spaces available for members of the public to attend. If you would like to book a place, please contact Corporate and Community Services by 12noon on Monday 11th October 2021 on 01271 388253 or email: For track and trace purposes you will be required to provide your name, address and contact telephone number. This data will be held by the Council for 21 days. 

No. Item


Apologies for absence


Apologies for absence were received from Councillors Chesters, Crabb and Cllr Leaver, who appointed a substitute, Councillor Walker, to attend in her place.



To approve as correct records the minutes of the meetings held on 1st September and 8th September 2021 pdf icon PDF 198 KB

Additional documents:


RESOLVED that the minutes of the meetings held on 1st September 2021 and 8th September 2021 (circulated previously) be approved as correct records and signed by the Chair.



Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency


The Chair advised that following the conclusion of the meeting, the Committee members were invited to discuss the requirement for a site visit.



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 declarations of interest were announced:


Councillor Davies

Planning application 73872: prejudical interest as the Agent for the application.




71251: Land Off Nadder Lane, South Molton Devon pdf icon PDF 2 MB

Erection of 187 dwellings together with associated infrastructure, public open space and landscaping (Amended plans) (report attached).


Additional documents:



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


The Lead Planning Officer (Majors) addressed the Committee and advised that:


·         The location of the site, which was for 187 dwellings, was to the western side of South Molton. It was an infill site between two existing sites to the North and South.

·         The site was on 7.93 hectares of agricultural land.

·         Following discussions with the Ecologist it was agreed that the two existing Linhays on the site (which provided roosting for owls) would be offset with the provision of an owl roost in the existing trees.

·         The new dwellings would be at distances of between 20m and 33m from the existing dwellings along West Park.

·         The dwellings were 1.5 storeys, and 2 storeys high, and were of a range of styles and roof types. Drawings of the street view showing the variety of dwelling styles was presented to the Committee.

·         Each dwelling would have access to car parking and an enclosed rear garden.

·         20% affordables were proposed. This included 75% social rent housing, and 25% shared ownership properties.

·         The proposals provided 33 dwellings per hectare, which was considered a reasonable density of development.


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


The Corporate and Community Services Officer read a statement from Stan Colman (objector) to the Committee.


David Johnson, Herbert Cromack and David Winter (Supporters) addressed the Committee.


The Corporate and Community Services Officer read statements from Lyn Winter and Derry Hodgson (objectors) to the Committee.


Jamie Grant of Wainhomes, (applicant), addressed the Committee.


Councillors Henderson and Worden addressed the Committee as Ward Members.


In response to the representations made, the Lead Planning Officer (Majors) advised:


  • A Viability assessment had been independently assessed and the best proposal had been presented.
  • South West Water had raised no objections.
  • DCC Highways had raised no objections or concerns.
  • The officers had secured design changes but there was no policy reason or amenity reason to require single storey dwellings.
  • All representations were available on the Council’s website.
  • There had been two rounds of public consultation and site notices had been placed on site by the Lead Planning Officer (Majors).
  • The development as a whole was considered acceptable.


In response to questions from the Committee, the Lead Planning Officer (Majors) advised:


·         A refuse plan was included in the application.

·         There would be visual clues within the road design throughout the site to clarify that it was a residential area, rather than a fast track through the site.

·         Although the site was car-lead (as many residents would require spaces for vehicles) there would be strong pedestrian and cycle tracks throughout.

·         The design and access statement was in keeping with the traditional style of      South Molton, eg, grey slate-coloured roofs.

·         The amended layout showed the green routes through the site.

·         There was no requirement for the scheme to be re-examined by the design panel.

·         When previously assessed, the Linhays were not considered to be of a quality to deem them  ...  view the full minutes text for item 62.


Adjournement of Meeting


RESOLVED that it being 11.44 a.m. the meeting be adjourned for a six minute comfort break and reconvene at 11.50 a.m.


RESOLVED, that it being 11.50 a.m. the meeting continue in order for the remaining business to be transacted.



72194: Greenwood Farm, South Molton, Devon, EX36 3PE pdf icon PDF 437 KB

Continued siting of a mobile home to be used as a dwelling beyond temporarily consented period. (report attached).


Additional documents:


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


The Planning Officer addressed the Committee and advised that:


·         The existing dwelling had been granted temporary permission in 2011. It had been occupied by the applicant since that date.

·         Previous applications had been unsuccessful due to the period of occupation and the notice period given.

·         The presentation showed the dwelling was a single storey timber structure used as a residence for an agricultural worker.

·         The dwelling was used as a home for the applicant who was running a business from the dwelling – and ran a calf rearing business. Numbers of livestock on the holding were confirmed.

·         External expert advice was sought on the case to provide the functional needs assessment. It was deemed that the care for the heifers was not the sole interest of the business, nor only source of income, as the majority of the income was provided by contracting works. . The conclusion of the assessment was that not all elements of the applicants work should be used to determine a functional need. Whilst there were different figures for the SMD hours it was concluded that the evidence was insufficient to support a functional need.

·         Queries over the costings provided by the applicant as part of the accounts, and the fact the accounts did not appear to be audited, resulted in the officers being unable to conclude that the business was ‘well established and profitable”. The removal of the farrier work etc would mean the business would be at a break even or loss situation.

·         The business needed to demonstrate a functional and profitable business in order for the Authority to justify the essential need for the applicant to be resident on-site.


Councillor Worden, Leader of NDC, (supporter), Phillip Carr (applicant), Nigel Downe (supporter), Rex Milton (Parish Council Representative) and Graham Townsend (agent) addressed the Committee.


Service Manager (Development Management) (MB) addressed the Committee and reconfirmed that the decision had to be evidence-based and the recommendation had been made based on expert advice.


The Chair addressed the Committee (as Ward Member).


RESOLVED (unanimous) that the application be APPROVED subject to:

(a) a standard occupancy condition and S106 Agreement to tie the land to the dwelling

(b) That Mr Downe (expert agricultural witness) be requested to provide to the Planning Authority a written copy of his statement to the Committee prior to the decision notice being issued.

In reaching its decision, the Committee approved the application for the following reasons:

1.    As there was sufficient information to properly analyse the functional needs of the Farm, both by reference to a Standard Man Days or Standard Man Hours calculation and review of the practical processes relating to the farming activities. In light of the above the policy test for a permanent dwelling or continued use of the mobile home beyond the consent period had therefore been established. The proposed development was therefore considered to be justified development in the Countryside and supported by Policies ST07 and  ...  view the full minutes text for item 64.


73430: Land to the west of the junction of Manor Road and Vicarage Road, Landkey, Barnstaple, Devon, EX32 0JB pdf icon PDF 917 KB


Variation of conditions 2 (approved plans) 3 (access improvements) and 4 (Materials) attached to planning permission 65957 (erection of two dwellings (amended access details to those approved by planning permission 64024) (amended plans)) to allow amend house design. (report attached).


Additional documents:


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


The Senior Planning Officer addressed the Committee and advised that:


·         An update on the information on page 2 of the report: that application 73809 had now been approved.

·         The application site was the corner plot to the west of the junction with Manor Road.

·         The site was within the conservation area.

·         The site plan now showed the new proposed access at a lower level. The boundary section plan showed the cut back of the land for wider visibility splay.

·         DCC Highways raised no objections.

·         The plans were considered acceptable in terms of outside amenity space.

·         Provision of a bat and bird box on each dwelling would provide a net gain in biodiversity.


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



73872: Wilsons Tenement, Chulmeigh, Devon, EX18 7EG pdf icon PDF 346 KB

Extension to dwelling to create additional living accommodation. (report attached).


Additional documents:


Councillor Davies re-declared his prejudicial interest as the Agent for the application and left the meeting during the consideration of the application.


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


The Senior Planning Officer addressed the Committee and presented the Committee with the location plans, floor and elevation plans of the proposed extension, and photographs of the existing site. She advised the Committee that the application complied with the Authority’s policies.


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






Appeals Report pdf icon PDF 284 KB

To consider the appeals report (attached).


Additional documents:


Councillor Davies re-joined the meeting.


The Committee noted a report by the Senior Planning Support Officer   (circulated previously) regarding planning and enforcement appeal decisions received since those reported at the last meeting of the Committee.