Agenda and minutes

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

Venue: Virtual - Online meeting. View directions

Contact: Corporate and Community Services  01271 388253

Note: If you wish to attend the Committee please email by noon Monday 8th January 2021. This will be a virtual meeting and will be conducted in line with The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020. Please be aware that when you take part in a virtual meeting your phone number and/or your email address will be visible to councillors and officers of North Devon Council attending the committee but will not be visible to members of the public or others. This is required to allow you to be identified on Microsoft Teams, the software used by the Council to hold virtual committees, and will not be used for any other purpose by the Council. For more information, or to exercise your rights, please see 


No. Item


Virtual meetings procedure - briefing and etiquette

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.



Apologies for absence


No apologies for absence were received.



To approve as a correct record the minutes of the meeting held on 9th December 2020 pdf icon PDF 299 KB


RESOLVED that the minutes of the meetings held on 9th December 2020 (circulated previously) be approved as a correct record and signed by the Chair with the amendment to minute 130 as follows: “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 per section 2.1.4 in the report by the Head of Place.”


In response to a question from the Committee, the Solicitor (DH) confirmed that Ward Members could not attend confidential discussions (under Part B rules) in relation to an application in their ward.  Only those on the Committee could be privy to ‘Part B’ discussions.



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)




No declarations of interest were declared.



71660: Outline application for up to 59 residential units and associated infrastructure, some matters reserved (appearance, landscaping, layout and scale) (additional information). pdf icon PDF 909 KB

Report by the Head of Place (attached).


Additional documents:


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


The Senior Planning Officer (MB) advised the Committee of two typographical errors within the report.  The site description on page 12 should have stated 3.1ha and not 31ha and that reference to heritage asset on page 67 paragraph 4 should have stated “slight impact of heritage asset”.


Rupert Pilkington (objector), Councillor S. Crowther (Heanton Punchardon Parish Council), Sue Prosper (Chair of Love Braunton) and Penny Mills (Devon CPRE (Campaign to Protect Rural England)) addressed the Committee.


The Senior Corporate and Community Services Officer read a statement from the applicant to the Committee.


David Relph (Braunton Parish Council) addressed the Committee.


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


·         The Authority had a shortfall in its five-year housing land supply. There was scope for this application to assist in addressing this shortfall.

·         The report was drafted based on careful consideration of a tilted balance due to the lack of a five year land supply.

·         A recent High Court decision, as referred to by Cllr Crowther, was not believed to affect this recommendation.

·         The size and mix of buildings of various sizes and types on the site would be considered under the reserved matters.

The planning conditions set out a 24 month period for seeking reserved matter permission.


Lead Planning Officer (North) (BP) advised the Committee that the report from the Housing Enabling Officer did not confirm whether a Housing Needs Survey had been carried out, but that one would have been requested on an exception site.


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


·         The site was not considered to be an exception site.

·         Provision had been made for 30% affordable housing.

·         A previous application on the site (63047) had been refused in 2018. At that time it had been refused under the previous Local Plan for a number of reasons.

·         Foul waste would be pumped uphill to Heanton Punchardon but this was not a reason to refuse the application.

·         The Authority did not have a five-year land supply.  It was not for the applicant to provide proof of this, the requirement was on the Authority to be able to demonstrate it.

·         The applicant had confirmed they were willing to enter a legal agreement to agree the infrastructure requirements so there was no reason to believe there would be a viability issue in future.


In response to questions from the Committee, Paul Young of Devon County Council (DCC) advised that:


·         The issue of past flooding of the Chivenor roundabout could be reported to the DCC Neighbourhood Highways Team to investigate. He also advised that localised flooding of the roundabout was not a sufficient concern which would result in recommending refusal of the application.

·         The Toucan Crossing referred to in the report was the same crossing as mentioned in the permissions for the site opposite this.  There would not be two crossings. The two developers could share the costs  ...  view the full minutes text for item 135.


Appeals Report pdf icon PDF 397 KB

Report by the Head of Place (attached).


Additional documents:


The Committee 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.


Councillor Prowse advised that, in relation to the appeal on the application for The White Hart, Bratton Fleming, the community had lost the appeal to register the public house as a community asset. However, new tenants had now been found and he requested that the enforcement team were made aware of the change.