Agenda and minutes

Chair to report.

The Chair outlined the virtual meeting procedure and etiquette to the Committee and attendees.

The Senior Corporate and Community Services Officer confirmed the names of those Councillors and officers present and advised that members of the public were also in attendance to address the Committee or listen to proceedings.

No apologies for absence were received.

RESOLVED that the minutes of the meeting of 11^th November 2020 (circulated previously) be approved as a correct record and signed by the Chair (13 for, and one abstained).

No items were brought forward to be considered as a matter of urgency.

(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)

Councillor Mackie declared a Prejudicial interest  on Planning application 71113 as the applicant was a former employer.

The Committee agreed the agenda between part ‘A’ and part ‘B’.

Report by Head of Place (attached).

Councillor Mackie re-joined the meeting.

The Committee considered a report by the Head of Place (circulated previously).

RESOLVED (unanimous) that the application be APPROVED as recommended by the Head of Place.

Report by the Head of Place (attached).

Councillor Mackie declared a prejudicial interest and left the meeting during the consideration of this item.

The Committee considered a report by the Head of Place (circulated previously).

The Committee was advised of the additional planning history, which had not been included in the report:

·         Other applications relevant to the site were 41523 – erection of double garage Approved 15^th March 2006 and the subsequent Listed Building approval for the double garage under 41550, 15^th March 2006. Planning Officer (RB) referred to 41523 in his report which had not been included in the history section. 41550 was the only history that was not shown which was the Listed Building approval for 41523.

The Senior Corporate and Community Services Officer read statements to the Committee received from Ros Raistrick (agent), Mr and Mrs Smith, Mrs McSween and C Stott (objectors).

Councillor Biederman addressed the Committee as Ward Member.  He confirmed the recommendation of Fremington Parish Council of refusal for the application.

RESOLVED that (7 for and 6 against) that the application be APPROVED as recommended by the Head of Place.

Report by Head of Place (attached).

The Committee considered a report by the Head of Place (circulated previously).

RESOLVED (unanimous) that the application be APPROVED as recommended by the Head of Place.

Report by Head of Place (attached).

The Committee considered and noted a report by the Head of Place (circulated previously) regarding planning and enforcement appeal decisions received since those reported at the last meeting of the Committee.

Report by Head of Place (attached).

The Committee considered a report by the Head of Place (circulated previously).

Councillor Lane declared a Personal Interest as he was a builder and developer.

In response to questions from the Committee, the Head of Place advised that:

• The applicant had submitteda viability study for the site.
• Plymouth City Council (PCC) had provided North Devon Council with an impartial assessment of the financial viability of the site. PCC concluded that a 10% return on a site was appropriate and that the developer could meet most ofthe Section 106 requirements and still have achieved a reasonable 10% margin return.
• The site was now fully completed and no further financial risks would be experienced by the developer.  The final figures for the development of the site were known.
• Whilst there has been no formal challenge made to the validity of the Section 106 agreement, the applicant had provided North Devon Council with letters from their Solicitor stating that in their opinion it was not enforceable and so they did not intend to comply with it.
• Anecdotal evidence suggested that the housing market was currently booming and house prices had increased due to demand in the North Devon area.
• It was unlikely that the new increased house prices had been included in the applicant’s viability study.

In response to questions, the Lead Planning Officer (North) advised the Committee that the Council had pursued financial contributions through the section 106 agreement in July 2019. As of 19 February 2020, five dwellings were occupied and therefore some financial payment should havebeen made by that point.  On 18 March 2020 the Council received a letter from the developer’s solicitor advising that they did not believe the developer would have neededto meet the legal obligations. On 21 May 2020, Acorn had advised that they believedtheir legal position was correct but requested that the section 106 be revisited on the grounds of viability.  The Council then sought a viability assessment from PCC.

Councillor Wilkinson addressed the Committee as Ward Member.

The Committee were addressed by Stuart Bryant (former owner of the site), Mike Reeves (resident of West Down), Carole King (West Down School), John Stainer (West Down Parish Hall and Community Recreational Field) and Sue Ayers (West Down Parish Council).

The Committee were advised of the following in response to the information that the applicant had placed the five affordable properties (which were part of the Section 106 agreement) on to the open market:

•      North Devon Council’s solicitor had written to the Applicant (for the attention of their Legal representative).  The letter had been acknowledged, although no response had been received. 

•      The Head of Place had written to the Estate Agents who were marketing the properties to advise that the properties were subject to a Section 106 agreement and could not be placed on the open market.

In response to questions, the Lead Planning Officer (North) advised that there had been three enforcement cases opened on this development.  ...  view the full minutes text for item 128.

RECOMMENDED:

RESOLVED:

The Committee consideredAppendix C of the Head of Place’s report (circulated previously) and received legal advice from the Council’s Solicitor.

RESOLVED that it being 1.00 p.m. that the meeting continue in order for the remaining business to be transacted.

RESOLVED that the public and press be re-admitted to the meeting to enable the Committee to consider planning application 60385 under item 11 on the agenda.

RESOLVED that (unanimous) recommendation 2.1.4 “Accept no compromise on the Section 106 and pursue delivery of five affordable dwellings and £118,201” be sought as recommended by the Head of Place.