Agenda and minutes

Apologies for absence were received from Councillors Fowler and Mack. The Senior Corporate and Community Services Officer advised that Councillor Walker would be substituting for Councillor Leaver.

The Chair advised the Committee that there would be an opportunity following the conclusion of the meeting for those Councillors that were not standing for election to make any remarks.

(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 76410, non registerable interest as the applicant was a friend and a colleague.

Councillor Mackie – planning application 76410, non registerable interest as the applicant was a friend and a colleague.

Councillor Prowse – planning application 76410, non registerable interest as the applicant was a friend and a colleague.

Councillor Yabsley – planning application 76106, other registerable interest as a Devon County Councilllor

Notice of an application to modify a planning obligation under regulation 3 of the T & C P (modification & discharge of planning obligations) Regulations 1992 in respect of application 61953 to delete paragraphs 1.3 to 1.13 Schedule 2 and to modify paragraphs 3, 4 and 6 of Schedule 8. Report by Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (RB) (circulated previously) regarding planning application 76106.

Nicole Stacey (applicant) and Graham Hutton (supporter – Baker Estates) addressed the Committee.

Councillor Worden (Ward Member) addressed the Committee.

Councillor Henderson (Ward Member) addressed the Committee.

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

·       The trigger point for the provision of affordable housing was 180 dwellings.  If the developer walked away from the site, then the additional affordable housing would not be provided. Of the 115 dwellings, 20% were affordable housing.  The remaining 65 houses were open market. The requirement to secure 20% of the 65 dwellings as affordable could not be provided through the current Section 106 agreement.

·       The District Valuer had included the costs of £312,000 for the provision of the strategic link road, however the applicants had contested this and considered that the costs would be higher and around £400,000.

·       No discussions had taken place with the applicants regarding providing £300,000 funding to the Community Land Trust to be used for the purposes of providing affordable housing.

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

·       The errors that had occurred in the previous viability assessment were not the responsibility of the Local Planning Authority.

·       The District Valuer was present at the meeting to answer any questions that the Committee may have.

·       This application sought the modification to the current section 106 agreement in connection with the approval of application 61953. The applicants had requested the modification of the section 106 agreement as it does not require the delivery of the Gunswell Lane link road until the occupation of 225 dwellings.  The applicants had advised that only 220 dwellings would be constructed and therefore would not meet the trigger point.

·       The District Valuer had undertaken a review of the viability assessment and considered it to be viable for the original scheme with the provision of 20% affordable housing.  The developer had advised that if the section 106 was not modified that they would only construct 180 dwellings and this would result in the strategic link road not being provided.

·       The modification of a section 106 was not a planning application. There was an option for the Committee to consider the approval of the proposed changes and modifying the section 106.

·       If the developers walked away from the site, then the provision of the strategic link road could not be delivered under this scheme.

·       There were legal implications if the triggers, requirements and provision of the link road were not provided in accordance with the section 106 agreement.

·       It was a complex application and there were learning points for officers in relation to trigger points included within section 106 agreements. This issue had not been raised before. Officers had recommended refusal following the advice of the District Valuer which the Council had employed.  No compromise had been offered by the applicants.

·       There were strategic implications for  ...  view the full minutes text for item 144.

RESOLVED that it being 11.40 am that the meeting be adjourned for a comfort break and reconvened at 11.45 am.

Erection of a substation, six ultra-rapid electric vehicle charge points and associated electrical infrastructure. Report by the Planning Officer (attached).

The Committee considered a report by the Planning Officer (circulated previously) in relation to planning application 76690.

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

Application under Regulation 3 of the T & C P General Regulations 1992 notification by NDC for Change of use and refurbishment of no36 to include co-working spaces offices, erection of 1 wheelchair user dwelling to the rear of no36, erection of 3 bed hostel unit together with workshops on the ground floor of no37 to include erection of 10 flats. 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 76760.

The Service Manager (Development Management) advised that since the publication of the agenda:

·       That the agent had been in discussions with South West Water the Lead Flood Authority and achieved a final flood water technical solution.

·       Further representation had been received from Barnstaple Town Council.  In response to the comments made by the Town Council, Historic England were now in support of the application and the Conservation Officer had been consulted on the detail of the scheme and was in support.

·       A representation had been received from Historic England advising that they were in support of the application.

In response to a question from the Committee, the Service Manager (Development Management) advised the Committee that the recommendation be amended to delete reference to Historic England as they had now confirmed they support the application.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Lead Planning Officer (North) subject to the deletion of reference to Historic England.

Listed building consent for Application under Regulation 3 of the T & C P General Regulations 1992 notification by NDC for Change of use and refurbishment of no36 to include co-working spaces offices, erection of 1 wheelchair user dwelling to the rear of no36, erection of 3 bed hostel unit together with workshops on the ground floor of no37 to include erection of 10 flats.  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 76761.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Lead Planning Officer (North) subject to the deletion of reference to Historic England.

Extension & alterations to dwelling (report attached).

The Committee considered a report by the Planning Officer (circulated previously) in relation to planning application 76410.

The Service Manager (Development Management) advised the following:

·       The applicant was a North Devon Councillor. Unfortunately, the application had been determined incorrectly under delegated powers by a Planning Officer in February 2023.  The Council subsequently received a complaint from a member of the public.

·       The error had been made by a Planning Officer and there was no suggestion that the error had been made by the applicant or agent or that they had requested the application be determined under delegated powers.

·       The original decision had now been quashed by the Administrative Court on 20 April 2023 and therefore the Committee could determine the application.

Councillor Mackie (Ward Member) addressed the Committee.

In response to comments made by Councillor Mackie, the Service Manager (Development Management) advised the Committee that further staff training would be undertaken to ensure that all staff knew who Councillors were. Further triggers had now been introduced into the system where planning decisions would need to be authorised by the Service Manager (Development Management) and the Monitoring Officer. Additional triggers had also been introduced within the planning support processes.

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

Amended materials to planning permission 70296 and extension to agricultural barn and widening of vehicular access (amended description). Report by Senior Planning Officer (attached).

Councillor Yabsley declared a disclosable pecuniary interest as the applicant and left the room during the consideration thereof.

The Committee considered a report by the Senior Planning Officer (circulated previously) in relation to planning application 75694.

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

Report by the Senior Planning Support Officer (attached).

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