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Agenda and minutes
 

Agenda and minutes

Venue: Barum Room - Brynsworthy. View directions

Contact: Corporate and Community Services  01271 388253

Note: Audio not available due to technical problems 

Items
No. Item

77.

Apologies for absence

Minutes:

Apologies for absence were received from Councillor Leaver.

78.

To approve as a correct record the minutes of the meeting held on 2nd December 2019 (attached). pdf icon PDF 220 KB

Minutes:

RESOLVED that the minutes of the meeting held on 2nd December 2019 (circulated previously) be approved as a correct record and signed by the Chair.

 

79.

Declarations of Interests.

(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, and Councillors must leave the room if necessary).

Minutes:

The following declarations of interest was announced:

 

Councillor Pearson

Item 9: Personal and Prejudicial interest as a Member of Ilfracombe Town Council.

 

The Chief Executive advised that as Councillor Pearson’s interest arose out of her membership of Ilfracombe Town Council that she may, with the consent of the Chair remain in the room and participate in the discussion but may not participate in the vote taken on the matter.

 

The Chair gave permission for Councillor Pearson to participate in the discussion on item 9 on the agenda.

80.

Batsworthy Cross Windfarm pdf icon PDF 144 KB

Joint report by Head of Environmental Health and Housing Service and Service Lead Environmental Protection (attached).

Minutes:

The Committee considered a joint report by the Head of Environmental Health and Housing Service and Service Lead Environmental Protection (circulated previously) regarding an update on the current status of the Council’s regulation of the noise related planning conditions associated with Batsworthy Cross Windfarm further to the report that was presented to the Committee on 4th November 2019.

 

The Service Lead Environmental Protection highlighted the following:

 

·         Officers’ had received representations from the Operator concerning certain aspects of the meteorological data used in the noise assessments to date.

·         These representations confirmed that the Operator was not contesting the outcome of the assessments to date, but that they believed the wind speed reference location needed considering further.

·         The Operator had requested a meeting with Officers to discuss this and agree an appropriate way forward to achieve compliance.

·         Officers were currently reviewing the position in light of advice having been received from the Council’s acoustic consultant concerning this representation and seeking internal legal opinion to help determine an appropriate way to proceed.   Feedback had not yet been received.

·         Further to the Committee meeting held on 4th November 2019, a community meeting had now been rescheduled for 14th January 2020 and that Councillors Ley and Yabsley would be attending.  The meeting would be held at Brynsworthy Environment Centre.

 

In response to questions from Members, the Service Lead Environmental Protection confirmed that Officers from the Planning team were seeking internal legal opinion in relation to the Operator’s request regarding the wind speed reference location.  A meeting would be held with the Operator following the receipt of internal legal advice and Councillors Ley, Worden and Yabsley would be invited to attend.

 

With the consent of the Chair, Jane Faust addressed the Committee and explained how wind speed was measured on site and where wind speed was measured was critical.

 

In response, the Service Lead Environmental Protection advised that Officers were of the view that the current noise monitoring was undertaken in accordance with planning conditions.   Officers were seeking internal legal opinion regarding whether the Operator could pursue a change in the wind speed reference location and apply to vary the planning condition.  Noise compliance monitoring at six locations close to Batsworthy Cross Windfarm had confirmed compliance with the noise related planning conditions at five of these six locations.  Exceedance of the noise limits in the sixth location had been confirmed.

 

The Chief Executive advised that there was no facility within the Council’s Constitution for public speaking at the Committee, however the Chair had given permission for representations to be made at this meeting.  The appropriate time for further discussions to take place with Officers would be at the community meeting on 14th January 2020.  He was aware of a number of FOI and EIR requests, but these had been dealt with.  He stated that the Council had not acted unlawfully as alleged.  If it had, this would be reviewed by the Monitoring Officer and reported to Council if required.

 

RESOLVED that  ...  view the full minutes text for item 80.

81.

Statement of Community Involvement pdf icon PDF 243 KB

Report by Lead Officer (Planning Policy) (attached).

Additional documents:

Minutes:

The Committee considered a report by the Lead Officer Planning Policy (circulated previously) regarding the draft North Devon Statement of Community Involvement.

 

The Lead Officer Planning Policy highlighted the following:

 

·         The Council adopted its current Statement of Community Involvement in January 2015 and a review was now required both as a result of the age of the document and to reflect changes to statutory requirements significantly in respect of neighbourhood planning.

·         It outlined how the Council would engage with the local community and other stakeholders in the preparation and review of development plan documents and supplementary planning documents; and the decision making process associated with planning and other applications.  The document had been produced in partnership with Torridge District Council, who were preparing a similar separate document.

·         The revised document was broadly similar to the current document.  The main points of difference related to:

o   New national requirement to outline proposed support and engagement for preparation of neighbourhood plans

o   Further references to use of social media

o   Removing the requirement for an additional stage, to that required by legislation, on consulting on a draft plan prior to its publication for further consultation.

·         Following public consultation, a further report would be brought back to the Committee prior to its adoption.

 

In response to a question, the Lead Officer Planning Policy advised that the document set out the roles and responsibilities for the local community and the Council at each stage of neighbourhood planning.  There were no proposed changes in the level of support provided by the Council to local communities.

 

The Committee suggested that a briefing note should be provided for local communities detailing Government resources and funding that was available for neighbourhood planning.  It was also suggested that administrative support provided by the Council to local communities to assist with the neighbourhood planning process should be revisited.

 

RESOLVED that the draft North Devon Statement of Community Involvement be approved for 6 weeks public consultation.

 

82.

Supplementary Planning Documents pdf icon PDF 254 KB

Report by Lead Officer Planning Policy (attached).

Additional documents:

Minutes:

The Committee considered a report by the Lead Officer Planning Policy (circulated previously) regarding the amended Rural Workers’ Dwellings and Leadengate Design Guide Supplementary Planning Documents.

 

The Lead Officer Planning Policy highlighted the following:

 

·         The Council previously adopted a number of Supplementary Planning Documents (SPDs) which supplemented the old North Devon Local Plan.

·         Consequently new SPDs needed to be prepared to reflect and supplement the new policies in the North Devon and Torridge Local Plan.

·         The first three SPDs had been prepared jointly with Torridge District Council and published for public consultation in September which included the Rural Workers’ Dwellings, Leadengate Design Guide and Air Quality. 

·         A summary of the responses received in relation to the Rural Workers’ Dwellings and Leadengate Design Guide SPDs were detailed in Appendices A and B. 

·         A summary of the responses received and an amended version of the Air Quality SPD would be brought to a future meeting. 

·         Following adoption, SPDs would be treated as material considerations in determining relevant planning applications.

 

RESOLVED that the two amended Rural Workers’ Dwellings and Leadengate Design Guide SPDs as set out in appendices C and D be formally adopted as supplementary planning documents and treated as material considerations in determining relevant planning applications.

 

83.

Ilfracombe Dotto pdf icon PDF 129 KB

Report by Economic Development Officer (attached).

Minutes:

The Committee considered a report by the Economic Development Officer (circulated previously) regarding the Ilfracombe Dotto train.

 

Councillor Pearson declared a personal and prejudicial interest in the above item.  The Chair gave Councillor Pearson permission to remain in the room and speak, but not vote.

 

RESOLVED that:

 

(a)

the Dotto be leased to Ilfracombe Town Council and power be delegated to the Chief Executive to agree the terms of the lease in consultation with the Lead Member for Economy and failing any agreement to delegate power to the Chief Executive to dispose of the Dotto with receipts being earmarked for capital projects within Ilfracombe; and

 

(b)

Ilfracombe Town Council be requested to provide an update report on the operation of the Dotto train service following the end of the first season.

 

84.

Electric Vehicle Charge Points Collaboration Agreement pdf icon PDF 67 KB

Report by Parking Manager (attached).

Additional documents:

Minutes:

The Committee considered a report by the Parking Manager (circulated previously) regarding the signing of the Electric Car Charging Points collaboration agreement.

 

The Parking Manager highlighted the following:

 

·         Funding had been received by Devon County Council (DCC) from the European Regional Development fund on a match funding basis.

·         Approval to participate in the Devon County Council led project was granted by an urgent decision of the Executive on 6th November 2018.

·         The sites previously identified for this project have been reviewed and the site now identified for the Electric Vehicle car charging points included: Cattle Market car park in Barnstaple, Wilder Road car park in Ilfracombe and the central car park in South Molton.

 

In response to questions, the Parking Manager advised the following:

 

·         There were other providers who supplied charging points at no cost to the local authority.

·         The deadline for signing the collaboration agreement for the Devon Low Carbon Energy and Transport Technology Innovator was November 2019.  If the Council wished to proceed the Committee was required to give authority at this meeting to sign up to the collaboration agreement as the procurement process would be commencing this week.  A meeting had been scheduled with Western Power this week to look at sites and a meeting had been arranged with suppliers in February 2020. 

·         If the Committee was of the view not to sign up to the collaboration agreement, then a procurement exercise would need to be commenced to look at alternative providers.

 

In response to questions, the Head of Resources advised the following:

 

·         The rental income for the three car parks from the provider would be £3,000 per annum and would be a four year payback on the Council’s match funding contribution.  The provider would pay the electricity charge.

·         The Council would continue to receive the car parking income.

·         The period of lease for each site was 10 years.

 

RESOLVED that:

 

(a)

The Council sign up to the collaboration agreement for the Devon Low Carbon Energy and Transport Technology Innovator;

 

(b)

That the potential sites where the Electric Vehicle Charging Points should be installed be as follows:

 

Cattle Market car park, Barnstaple

Wilder Road car park, Ilfracombe

Central car park, South Molton

 

(c)

That the Parking Manager investigate alternative options for nil cost providers for the installation of Electric Vehicle car charging points.

 

85.

New Climate and Environment Grants Scheme for Parish Councils 2020-2023 pdf icon PDF 156 KB

Report by Head of Resources (attached).

Additional documents:

Minutes:

The Committee considered a report by the Head of Resources (circulated previously) regarding the new Climate and Environment Grants Scheme for Parish Councils 2020-2023.

 

The Head of Resources highlighted the following:

 

·         Following the decision by the Committee on 4th November 2019 to approve an annual contribution of £20,000 for the next 3 years to an earmarked reserve in order that smaller Parishes could apply for funding for specific projects with a strong emphasis on sustainability and countering climate change, a draft policy for the financial years 2020/21 to 2022/23 had been formulated together with an application form.

·         The draft policy included: the purpose of the scheme and how the funding could be used by Parish Councils; detailed the Parish Councils which were eligible to apply which had a population of less than 1000; two funding rounds with the deadlines for the receipt of applications ending on 31st August and 31st January. Up to 50% of the total fund may be allocated for each funding round; evidence to be provided by Parish Councils; types of grants that could not be supported; details of how to apply; processing procedure and decision making process; any unallocated funds would be rolled-over to the following financial year. The final year for the roll over of unallocated funds to the next financial year would be 2021/22. Any underspend from the financial year 2022/23 would not be rolled over.

 

In response to a question, the Head of Resources advised that a review of public conveniences was scheduled to be undertaken and a report would be brought back to the Committee in due course.

 

RESOLVED that the Climate and Environment Grants Scheme for Parish Councils for 2020-23 and application form be adopted and implemented with effect from 1st April 2020, subject to the approval of the Revenue budget by full Council in February 2020.

 

86.

Approval and release of section 106 Public Open Space Funds - Instow and Braunton pdf icon PDF 207 KB

Report by Project, Procurement and Open Space Officer (attached).

Minutes:

The Committee considered a report by the Project, Procurement and Open Space Officer (circulated previously) regarding the allocation of section 106 public open space funds to projects in Instow and Braunton.

 

The Project, Procurement and Open Space Officer highlighted the following:

 

·         St John’s Parochial Church Council play area safety surfacing.  Instow had limited equipped play space due to its topography and this project would provide new safety surfacing for the public play area at All Saints Chapel Community Centre.

·         North Devon Environmental Trust, Braunton Countryside Centre – this project would provide audio visual equipment to support sessions within the centre.  The project would use the remaining funds from the section 106 agreement for the development at Land off Higher Park Road, Braunton.

 

RESOLVED:

 

(a)

That £3,672.86 be allocated to Parochial Church Council of Instow towards enhancement of the play area;

 

(b)

That £347.31 be allocated to North Devon Environment Trust towards audio/visual improvements at the Braunton Countryside Centre;

 

RECOMMENDED:

 

(c)

That Council vary the capital programme by £4,020.17 and that funds be released, subject to a Funding Agreement upon such terms and conditions as may be agreed by the Senior Solicitor, for external projects.

 

87.

Review of North Devon Council's Sex Establishment Policy pdf icon PDF 317 KB

Report by Public Protection Manager (attached).

Additional documents:

Minutes:

The Committee considered a report by the Public Protection Manager (circulated previously) regarding a review of North Devon Council’s Sex Establishment policy.

 

The Public Protection Manager highlighted the following:

 

·         The Council had adopted a licensing policy for sex establishments in 2011.  The policy had been reviewed in 2014.

·         There had been no relevant legislative changes subsequent to the last review, and there have been no comments received in terms of the policy requiring amendment.  As such, the only proposals for updates were largely administrative in nature.

·         The policy would be kept under review.

 

RESOLVED that the draft Sex Establishment Policy as detailed in Appendix A of the report be approved.

 

88.

Exclusion of Public and Press and Restriction of Documents

RECOMMENDED:

 

(a)

That, under section 100A(4) of the Local Government Act 1972, the

public and press be excluded from the meeting for the following item

as it involves the likely disclosure of exempt information as defined by Paragraph 3 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information);

 

 (b)

That all documents and reports relating to the item be confirmed as

“Not for Publication”.

 

Minutes:

RESOLVED:

 

(a)

That, under section 100A(4) of the Local Government Act 1972, the

public and press be excluded from the meeting for the following item as it involved the likely disclosure of exempt information as defined by Paragraph 3 of Part 1 of Schedule 12A of the Act (as amended from time to time), namely information relating to the financial or business affairs of any particular person (including the authority holding that information);

 

 (b)

That all documents and reports relating to the item be confirmed as

“Not for Publication”.

 

89.

The Lynton Complex

Report by Service Lead Affordable Housing (attached).

Minutes:

The Committee considered a report by the Service Lead Affordable Housing (circulated previously) regarding the Lynton Complex.

 

RESOLVED that Option A, as detailed in the report, be agreed in principle for the Lynton Complex.