Agenda and draft minutes

Planning Committee - Wednesday, 19th October, 2022 10.00 am

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 10th Oct 2022 to book a place by telephoning 01271 388253 or emailing member.services@northdevon.gov.uk. 

Items
No. Item

73.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Chesters.

74.

To approve as a correct record the minutes of the meetings held on 28th September 2022 (attached) and 13th October 2022 (attached) pdf icon PDF 211 KB

Additional documents:

Minutes:

RESOLVED that the minutes of the meetings held on 28 September 2022 and 13 October 2022 (circulated previously) be approved as correct records and signed by the Chair.

75.

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

Minutes:

(a)  Service Manager (Development Management)

 

The Chair welcomed Tracey Blackmore back to the Committee following her recent appointment as Service Manager (Development Management).

76.

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)

 

 

Minutes:

There we no declarations of interest received.

77.

Order of Agenda

Minutes:

RESOLVED that item 7 be considered before item 6 on the agenda to allow the Planning Case Officer to leave the meeting early.

78.

74775: Land at Stonelands Cross Rackenford Devon pdf icon PDF 1 MB

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 Senior Planning Officer (attached).

Additional documents:

Minutes:

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

 

Further to the questions raised at the Planning Committee site inspection held on 13 October 2022, the Senior Planning Officer advised the following:

 

·       The biodiversity gains as set out in the Landscaping Scheme.

·       James Pryce business was currently located in Tiverton and did not have space for expansion, servicing and parking. The business had a wide client base and wished to be located in a more central area on a site that would enable the business to grow.

·       The proposal was to create a rural hub which consisted of typical types of services that were required to be provided in North Devon.

·       The applicant had gone through a sequential test approach to identify the right location and there were no other suitable locations that met their needs currently available on the market.

·       The Highways Officer was present to provide a response in relation to concerns raised on site in relation to the junction to the A361.

 

Councillor Lucas (Parish Council representative), Pete Grugeon (objector), Suzanna Coffin (objector), Sarah Childs (Parish Council representative) and David Morgans (objector), Jim Pryce (applicant) and Louis Dulling (agent) addressed the Committee.

 

The Senior Corporate and Community Services Officer read a statement received from the Campaign to Protect Rural England (objector).

 

Councillor Yabsley declared a personal interest as the Devon County Councillor for this area.

 

In response to questions, the Senior Planning Officer advised the following:

 

·       The Local Planning Authority must assess the planning balance in line with the National Planning Policy Framework  (NPPF), taking into account all material considerations.

·       The NPPF supports agricultural businesses.

·       The application constituted a departure from the adopted Local Plan.

·       The approval of this application would not set a precedent as there were specific justification and all future applications would be assessed on their own merits.

·       The technical note referred to on page 132 of the agenda had been published on the Council’s website.

·       No consultation response had been received from Mid Devon District Council.

·       The brownfield site located nearby had not been included within the sequential test and would not be policy compliant due to the location of the development also being in the countryside.

·       There was no set requirement for the radius or information to be provided as part of the sequential test.  It was for the Local Planning Authority to consider.  The sites that had been included were the closest located in North Devon.

·       The proposed conditions would restrict the usages. It was a mixed use site restricted to the rural agricultural sector and not all buildings would be occupied by the applicant.

·       Condition 26 required the applicant to provide an air quality assessment.

 

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

 

·       The location of businesses would normally be sited at the edge of existing settlements such as Pathfields Business Park so that it was in a sustainable location. In the event sites were not suitable or available on  ...  view the full minutes text for item 78.

79.

73742: Land south of Broomhouse Park and west of Willow Rise, Witheridge, Tiverton, Devon. EX16 8FD pdf icon PDF 1 MB

Residential development of 155 dwellings and associated infrastructure (amended plans dated 18/07/2022), Report by Lead Officer (South) (attached).

 

Additional documents:

Minutes:

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

 

The Lead Officer (South) advised that following the publication of the agenda the following had been received:

 

·       The consultation period in relation to the amended plans ended on 12 October 2022. As a result, the total number of objections received had increased as summarised in a table on the presentation.

·       An updated consultation response from South West Water.

·       An updated consultation response from Devon County Council (DCC) Lead Local Flood Authority and raised no objections.

·       Ongoing discussions and emails had been exchanged between the GP Medical Surgery and the applicant’s agent. The applicant had now answered a series of questions that had been raised by the Surgery in relation to the land ownership and the provision of parking spaces.

 

Further to the questions raised at the Planning Committee site inspection held on 13 October 2022, the Lead Officer (South) advised the following:

 

·       In relation to the potential visual impact of the view of the church from the view point along footpath (FP1), Two Moors Way, once the development had been built out in accordance with the landscape visual impact assessment the visual impact would lesson over time once the hedgerows and trees had grown.

·       There would be a requirement for DCC to hard surface the footpath link from Willow Rise to the development.

·       There was no proposal to hard surface the public right of way as discussed at the site inspection.

·       The footpath from phase 1 of the development would not be adopted as part of the cycle network. Cyclists would be able to travel between phase 1 to phase 2 using the road networks.

·       No additional lighting would be provided along the lane as the development was located in a “dark corridor” and would conflict with ecology.

·       The application site was predominately grade 3 best and most versatile agricultural land.  A condition would be proposed regarding the use of top soil.

·       The applicant had agreed to gift the area of land located at the rear of the GP medical centre to the centre to maintain privacy for the consultancy rooms.

·       The location of the attenuation pond could not be relocated on a technical design basis.

·       The land located adjacent to the medical centre was privately owned and there was no guarantee that this would become available for the medical centre to expand.

·       NHS Primary Care had advised that there was no requirement for section 106 contributions to be obtained for the expansion of the medical centre and therefore section 106 contributions could not be sought for this purpose.

 

Councillor Jacky Harvey (Parish Council Representative), Reg England (objector), Mat Bennett (applicant) and Martin Bagshaw (agent) addressed the Committee.

 

The Senior Corporate and Community Services Officer read out statements received from Barnabas and Campie Hurst-Bannister (objectors) and Hugh Meller (objector) to the Committee.

 

In response to representations made, the Lead Officer (South) advised the following:

 

·       The former Planning Manager had attended a Parish Council meeting and that she had  ...  view the full minutes text for item 79.

80.

Adjournment of Meeting

Minutes:

RESOLVED that it being 1.06 p.m. the meeting be adjourned for a five minute comfort break and reconvened at 1.11 p.m.

81.

73606: North Devon Leisure Centre Seven Brethren Bank, Barnstaple, Devon, EX31 2AP pdf icon PDF 2 MB

Application under Regulation 3 of the T & C P General Regulations 1992 notification by NDC in respect of Hybrid application for full application for the provision of a replacement long stay car park and temporary toleration site & Outline application for 180 dwellings together with all associated infrastructure (additional information).  Report by Lead Officer (South) (attached).

 

Additional documents:

Minutes:

Councillor Leaver declared a personal interest as the Devon County Councillor.

 

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

 

Councillor Knight addressed the Committee as Ward Member.

 

In response to questions, the Service Manager (Development Manager) advised the following:

 

·       An extant planning permission had already been granted for this site and therefore the issue of access and personal safety could not be considered.  The Committee could only consider the changes as outlined to the planning obligations.

·       As North Devon Council was the applicant, further discussions could take place in relation to personal safety.

·       Design matters and scale would be considered as part of the reserved matter application.  Therefore crime and personal safety could be considered at that point.

 

SarahJane McKenzie-Shapland (applicant/agent) addressed the Committee. In response to questions from the Committee, she advised the following:

 

·       A lighting scheme would be in place for the long stay car park.

·       There was a lot of activity at the Leisure Centre, the area was well lit and well populated.

·       The provision of CCTV would also be included within the design and build contract.

·       She had attended a meeting with Barnstaple Town Council and the issues regarding personal safety had been raised at the meeting of the Planning Committee in January 2022.

·       An extension to the Land Release Fund had been sought for the end of February 2023.  There would be opportunity for further discussions with the developer through the Joint Delivery Board.

 

RESOLVED (7 for, 1 against, 0 abstained) that the application be APPROVED as recommended by the Lead Officer (South).

82.

75407: Queen Elizabeth II Playing Field Tews Lane Bickington Devon pdf icon PDF 350 KB

Installation of multi use games area (MUGA) and associated works to include new agri-flex footpaths. Report by Planning Officer (attached).

Additional documents:

Minutes:

Councillor Mack declared a personal interest as a member of Fremington Parish Council lived in his household.

 

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

 

The Senior Corporate and Community Services Officer read a statement on behalf of Jackie Ellmore (objector) to the Committee.

 

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

 

83.

75613: Long Bridge The Square Barnstaple Devon EX32 8LN pdf icon PDF 506 KB

Listed building application for the insertion of an expanding foam seal on the west, east side & the junction of the proposed new flood defence walls. Report by Planning Officer (attached).

Additional documents:

Minutes:

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

 

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

84.

75907: Kentucky Fried Chicken 47 High Street Barnstaple Devon EX31 1BZ pdf icon PDF 420 KB

Application under Regulation 3 of the T & C P General Regulations 1992 notification by NDC for alterations to the ground floor retails unit shop frontage including new retail unit entrance doors and a new separate entrance to upper floor accommodation. Report by the Lead Officer (North) (attached).

 

Additional documents:

Minutes:

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


The Service Manager (Development Management) advised that since the publication of the report, amended plans had now been submitted to reflect the characteristic of symmetry on the façade. 

 

RESOLVED (unanimous) that the application be APPROVED as recommended by the Lead Officer (North) subject to the Lead Officer (North) being delegated authority to amend condition 2 to include the amended plan.

85.

Appeals Report pdf icon PDF 303 KB

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

Additional documents:

Minutes:

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