Apologies for absence were received from Councillors Denton, Haworth-Booth and Spear.

The Senior Corporate and Community Services Officer advised that Councillor Lethaby had been appointed to substitute for Councillor Maddocks.

RESOLVED that the minutes of the meeting held on 12 February 2025 (circulated previously) be approved as a correct record and signed by the Chair.

There were no items brought forward which in the opinion of the Chair should be considered as a matter of urgency.

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 was announced:

Councillor Walker – planning application 79375, as she had met with the developer and was considered to be deemed as pre-disposed towards a particular decision.

Outline planning permission for residential development for up to 220 dwellings, a local shop (Use Class E(a)), with landscaping, access, public open space and associated infrastructure work (All matters reserved except access). Report by Lead Planning Officer (Major Applications) (attached).

The Committee considered a report by the Lead Planning Officer (Major Applications) (JM) (circulated previously) regarding planning application 79375.

The Lead Planning Officer (Major Applications) reported the following to the Committee:

·       That the Devon County Council Waste Contributions of £128 per dwelling had been omitted from the table containing the infrastructure requirements that had been identified for the development which in the event of an approval would be secured via conditions and section 106 under paragraph 9.4 of the report.

·       A full formal response had been received from South West Water which confirmed that the foul drainage could be removed from the site without having to undertake specific infrastructure works.

The Senior Corporate and Community Services Officer read out statements received from John and Linda Edgar (objectors) and Jason Nance (objector) to the Committee.

Mr Hal Parsons (applicant) addressed the Committee.

Councillor Walker addressed the Committee in her capacity as Ward Member and then left the meeting during the consideration of this application.

Councillor Biederman addressed the Committee in his capacity as adjoining Ward Member.

In response to a question raised by Councillor Biederman, Mr Parsons (applicant) advised the Committee that works would be undertaken to include traffic calming measures to be built out opposite the access to the Red Row site to allow only one vehicle to pass and to connect the Red Row estate to footpath 17.

In response to questions, the Lead Planning Officer (Majors) (JM) advised the following:

·       That power could be delegated to herself in consultation with Devon County Council Highways Authority, the Chair of the Committee and Ward Members to define improvements to be made to the northern arm of the roundabout and secure section 106 contributions.

·       The open space and green infrastructure on the site provided sufficient space for play area, allotments and informal amenity and green space which would be secured through a section 106 agreement.  The agreement would set out the detailed layout and the management arrangement for the areas.

·       The provision of a small convenience store came about following pre-app discussions with the applicant at the request of the Local Planning Authority.  The table on page 55 of the report detailed distance and walking times to existing supermarkets.  When considering walkabout neighbourhood principles the development should be within 10 minute walk of key facilities which included a convenience store. The proposed small convenience store was not designed to replace the existing supermarkets or compete.  It was to create a sustainable neighbourhood and also improve sustainable development next to the site.

·       In response to a question regarding bus access There are existing bus stops on  Old Bideford Road.  The distance to the nearest bus stop was located on Westermoor Way which was approximately 600 metres away from the site access. There was no proposal to extend the current bus service into the development, however the frequency of the bus service would increase from hourly to half-hourly and there would be an earlier bus as part of the requests from DCC.

·       The  ...  view the full minutes text for item 119.

RESOLVED that it being 11.26 am that the meeting be adjourned for a comfort break and that it be reconvened at 11.33 am

Change of use from holiday let to full residential use. Report by Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (JJ) (circulated previously) regarding planning application 79478.

Mrs Catherine May (applicant) addressed the Committee.

Councillor Coombs, as Ward Member, addressed the Committee in support of the application).

Councillor Biederman, Devon County Councillor, addressed the Committee in support of the application.

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

·       Clarified the reasons for refusal as detailed on pages 120 and 121 of the report.

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

·       Whilst understanding that there were personal circumstances, Planning Law required planning applications to be determined in accordance with the National Planning Policy Framework and the development plan.  There had been similar previous planning applications where there had been personal circumstances which had been consistently refused. The Planning Inspector would consider whether the applicant had looked at the way that they operated their holiday lets, had the applicant looked at the possibility of using a letting agent and whether all options had been explored. There was nothing to trigger local needs occupancy in respect to planning policy.

Councillor Prowse left the meeting.

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

·       If it was a redundant building, then Policy DM27 would apply.  However, this building was not a redundant building.

·       There was a requirement for the properties to be marketed to ascertain whether there was a requirement for tourism use.  There was a need to also ascertain how it was being actively marketed as holiday use lets.  The Committee should not be considering personal circumstances. It was considered to be a good location for tourism as it was a short drive to various tourist destinations.

·       Part 3 of Policy DM18 would be reviewed as part of the review of the Local Plan.

In response to further questions from the Committee, the Senior Planning Officer (JJ) advised the following:

·       Booking records had been provided for both Tawny Owl Cottage and Barn Owl Cottage.  There had been bookings for Tawny Owl Cottage throughout the year and there had been less for Barn Owl Cottage. The reasons for this had not been provided.

·       Paragraph 13.109 of the supporting text to Policy DM18 stated “Marketing will be considered to be appropriate when the property has been presented to the market at a reasonable price, with appropriate conditions identified and for a period of at least 12 months prior to the application's submission”. This would enable the market to be tested to ascertain whether there was still a demand for tourism use, other operators may express an interest and may be able to improve occupancy or the owner may sell. It would be required to be marketed at a “marketable price” as a going concern ``with one or more agents for a 12 month period. This marketing had not occurred.  Compelling evidence had not been provided.  The figures for 2024 still showed a level  ...  view the full minutes text for item 121.

Proposed erection of dwelling. Report by Planning Officer (attached).

Councillors Bulled and R. Knight left the meeting prior to consideration of this application.

The Committee considered a report by the Planning Officer (MK) (circulated previously) regarding application 79441.

The Lead Planning Officer (North) reported the receipt of an amended landscape plan following the publication of the agenda.

Kim Dennis (supporter), Michael Whip (supporter), Mr Gould (applicant) and Mr Townsend (agent) addressed the Committee.

Councillor Wilkinson, Ward Member, addressed the Committee in support of the application.

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

·       In relation to an application that had been approved previously adjoining the site, since that approval Section 245 (Protected Landscapes) of the Levelling Up and Regeneration Act 2023 had placed a new duty on the Local Planning Authority in relation to land in an Area of Outstanding Natural Beauty (National Landscape).

·       Referred to the supporting text of Policy MOR as detailed on page 137 of the report.

·       A photo showed that the existing property on the site was smaller than the proposed dwelling.  It was proposed that landscaping to the lower part of the site would filter visibility from the wider area.

·       The amended Landscaping Plan had only received the previous week and further consultation had not been undertaken with the AONB regarding enhancing landscaping as it had been considered that it would not affect the overall view.

·       There were mobile homes located to the north west of the site, no built form on the north and some built form on the east/south of the site.

·       The direct line distance from the development to the boundary was 950m.  If you travelled by road, this distance would be higher and would increase further to the centre of the village.  Local needs dwellings were normally located adjacent to a development boundary.

In response to questions from the Committee, the Solicitor and Data Protection Officer advised the following:

·       The supporting text of Policy MOR paragraph 12.316 sets out an exception basis on which new housing may be supported outside of the development boundaries of Woolacombe and Mortehoe. The fourth paragraph related to the new National Landscape duty which included “seek to further the statutory purposes of the area by way of conserving and enhancing the natural beauty of the AONB” which was a further step for Local Planning Authorities to meet.  There were now extra measures to seek to develop and protect the national landscape.  The new duty was legislation and not policy.

·       Referred to the consultee response from the North Devon Coast National Landscape. 

Following the moving and seconding of a motion to approve the application, the Chair outlined the steps to be followed in accordance with the Planning Code of Conduct, Paragraph 9, Part 5 of the Council’s Constitution as follows: “9.4 Where a councillor wishes to move or moves a motion which differs from the officer’s recommendation consideration should be given to adjourning the committee meeting for a few minutes for the reasons for such a motion  ...  view the full minutes text for item 122.

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 Management) provided an update in relation to planning appeals 78384 and 77719.

The Committee noted that site inspections had been scheduled to take place on 12 March 2025 in relation to applications 78364 and 79268 and on 19 March 2025 in relation to application 77576.