The Chair advised that he had been notified that representatives from Chittlehamholt, Satterleigh and Warkleigh Parish Council would be recording the discussions in relation to planning application 79124 and that he would also be recording the meeting.

Apologies were received from Councillors Denton and Spear.  Councillor Lethaby had been appointed to substitute for Councillor Denton.

The Senior Corporate and Community Services Officer advised that Councillor Prowse would be late attending the meeting.

RESOLVED that the minutes of the meeting held on 6 November 2024 (circulated previously) be approved as a correct record and signed by the Chair.

(a)  Planning application 76857: Land at Ley Lane Patchole, Barnstaple Kentisbury EX31 4NB

The Chair advised that the Service Manager (Development Management) had emailed the Committee on 3 December 2024 advising that the planning application would be brought back to the Committee for consideration at its meeting in January 2025.

(b)  Call in of Planning Applications

The Chair reminded the Committee that where Councillors wished to call in a planning application to be considered by the Planning Committee, rather than the decision being delegated to the Service Manager (Development Management), to email the case officer and the Service Manager (Development Management) within 28 days of the notification of the planning application.

(c)  Order of Agenda

The Committee agreed to consider application 79124 prior to application 79032 as there were members of the public registered to speak on this application.

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 were announced:

Councillor Bishop – planning application 79124, transparency reasons.

Councillor Maddocks – planning application 79173, disclosable pecuniary interest.

Change of use of land to allow siting of one caravan as gypsy and travellers accommodation (amended plans and information). Report by Senior Planning Officer (attached).

The Committee considered a report by the Senior Planning Officer (DB) (circulated previously) regarding planning application 79124.

Rebecca Griffiths (supporter), Mary Christianson (on behalf of Simon Gill – objector) and Councillor David Ball (representing Chittlehamholt, Satterleigh and Warkleigh Parish Council) addressed the Committee.

The Senior Corporate and Community Services Officer read a statement on behalf of Tommy May (applicant) to the Committee.

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

·       The application was for planning permission for the location and the references made by speakers in relation to noise activity such as chain saws, quad bikes, gun shots from the location were not related to this planning application and would be covered under separate legislation.  She was aware that Environmental Health had visited the location a number of times under separate legislation and that there was no statutory noise nuisance.

In response to comments made and questions from the Committee, the Senior Planning Officer (DB) advised the following:

·       The National Planning Policy for traveller sites, National Planning Policy Framework and policies within the Local Plan needed to be considered as a whole in relation to a permanent siting of a caravan as gypsy and travellers accommodation.

·       An amended plan had been submitted by the applicant which identified the land owned by the applicant.

·       Devon County Council did not request any improvements to be made to the visibility splay. However, they did advise that improvements could be made by cutting the hedge back.  This had been included as a condition.

·       A septic tank was not in place, however it would be part of the Building Control regulations.  A compostable toilet was currently being used on site.

·       The Enforcement Officer had visited the site on a number of occasions in relation to compliance on the wider site.

·       The proposal was to remove the coach that was currently on the site and replace with a caravan.  The definition and size of a caravan was set out on page 60 of the report.

·       The nursery fell within the definition of agricultural use.  The applicant had received forestry grants for the site which fell within the definition of agricultural use.

·       There was no enforcement action being taken in relation to the commercial use of the site. There was still an open enforcement investigation on the wider site.  Some of these works had been undertaken prior to the applicant taking over the site.

·       Reference to the National Planning Policy for Gypsy and Traveller Sites had been included within the report along with the National Planning Policy Framework and Local Plan.

Councillor David Ball (representing Chittlehamholt, Satterleigh and Warkleigh Parish Council) advised that as part of his presentation to the Committee he was pointing out factual inaccuracy within the planning balance whereby paragraph 27 Paragraph 27 of the Governments Planning Policy for Traveller Sites Policy Paper had been misquoted.

In response to comments made and questions from the Committee, the Senior Planning Officer (DB) advised  ...  view the full minutes text for item 89.

RESOLVED that it being 11.03 am that the meeting be adjourned for a comfort break and that it be reconvened at 11.16 am.

Construction of a micro energy storage facility (amended plans). Report by Senior Planning Officer (attached).

Councillor Prowse arrived at the meeting.

The Committee considered a report by the Senior Planning Officer (RB) (circulated previously) regarding planning application 79032.

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

·       The battery storage would draw energy from other renewable sources.  It was planning for the future storage of electricity.

·       He was not aware of other specific schemes in the District drawing energy from renewable sources.

·       The access would be through the existing access.

Councillor Bishop, addressed the Committee, in his capacity as Ward Member.

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

Erection of a wildlife tower (amended location and block plans). Report by Planning Officer (attached).

Councillor Maddocks declared a disclosable pecuniary interest and left the meeting during the consideration of this application.

The Committee considered a report by the Planning Officer (KW) (circulated previously) regarding planning application 79173.

The Senior Corporate and Community Officer read out a statement received on behalf of Karen Rhodes (objector) to the Committee.

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

·       The proposed for two doors and two storeys would provide access for maintenance as can’t move internally between both floors.

·       The proposal had received the endorsement of the Barn Owl Trust, as a recognised habitat.  There were barn owls living in the area. The loss of mature trees had an impact on the habitat for barn owls.

·       The Barn Owl Trust suggested that there were other similar proposals.

·       The design was to use natural material and the design was considered to be acceptable, well screened by trees, hedges and topography.  Therefore it would be largely unnoticed in the street scene.

·       The applicant would be responsible for any maintenance required, which was not a planning matter.

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

Service Manager (Development Management) to report.

Councillor Maddocks returned to the meeting

The Committee received a presentation by the Service Manager (Development Management) regarding Class Q permissions.  She highlighted the following:

·       There was no policy in relation to Class Q fallback planning applications.

·       High Court appeal decision provided some guidance in terms of “betterment”.

·       Part 3 Class Q allowed the conversion of agricultural buildings and dwellings. 

·       The Class Q legislation set out what was allowed and not allowed.

·       There had to be a legitimate fall back and the building had to have Class Q consent.

·       There was a need to consider whether a “betterment” could be achieved and provided some examples.

The Service Manager (Development Management) advised that she would circulate a copy of the presentation to the Committee and that she would be happy to attend Parish/Town Council meetings.

It was also suggested that the presentation be given at a future meeting of the Parish Forum.

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

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

The Service Manager (Development Management) provided an update in relation to planning appeals 78277 and 77480.

There were no planning site inspections required to be undertaken by the Committee.