Agenda and minutes
PDF 243 KBVenue: Virtual - Online meeting. View directions
Contact: Corporate and Community Services 01271 388253
Note: If you wish to attend the special Committee please email memberservices@northdevon.gov.uk by noon Monday 18 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 www.northdevon.gov.uk/privacy.
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Virtual meetings procedure - briefing and etiquette Chair to report. Minutes: 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.
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Apologies for absence Minutes: Apologies were received from Councillor Gubb and Councillor Biederman had been appointed as her substitute for the meeting.
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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) Minutes: The following declaration of interest was announced:
Councillor Lane – Planning application 60385: Personal Interest as he was a builder and developer.
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To agree the agenda between Part 'A' and Part 'B' (Confidential Restricted Information) Minutes: The Committee agreed the agenda between part ‘A’ and part ‘B’.
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Report by Head of Place (attached). Additional documents:
Minutes: The Committee considered a report by the Head of Place (circulated previously).
Roy Drew (objector), John Stainer (West Down Community Recreational Field) and Mark Thomas (agent) addressed the Committee.
The Chair asked whether a representative from West Down Parish Council was present to addressed the Committee as the Chair had registered to address the Committee.
Councillor Wilkinson addressed the Committee as Ward Member.
In response to questions from the Committee, the Head of Place advised that there was a mechanism in place where developers could come forward where there was an issue regarding a lack of viability on a site. However, there had been a mistake made on this application which questioned the ability to enforce the Section 106 agreement.
The Lead Planning Officer read an email to the Committee which had been received from Plymouth City Council in relation to the valuation of the increased calculation had the five dwellings been sold at market value. This was deemed to be £745,200.
In response to questions from the Committee, the Lead Planning Officer confirmed that although the site plan did show a plot numbered 18, there were only 17 on this site as one plot had been removed to site a pumping station. The plots had not been re-numbered. He also noted that planning for an additional dwelling had been awarded but that it was not as part of this application and was therefore not considered within the Section 106.
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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 in Paragraph 5 of Part 1 Schedule 12A of the Act (as amended from time to time), namely information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;
(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 in Paragraph 5 Part 1 Schedule 12A of the Act (as amended from time to time), namely information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;
(b)That all documents and reports relating to the item be confirmed as “Not for Publication”. |
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60385 Erection of 17 Dwellings (3 bungalows and 14 houses), land adjacent Pearldean, West Down To receive advice from the Solicitor.
Following consideration of the advice, it is RECOMMENDED that the public and press be re-admitted to the meeting to enable the Committee to consider planning application 60385 under item 6 on the agenda.
Minutes: The Committee received legal advice from the Council’s Solicitor. The Senior Corporate and Community Services Officer read out an email to the Committee on behalf of Carole King (Chair West Down Parish Council).
RESOLVED that the public and press be re-admitted to the meeting to enable the Committee to consider planning application 60385 under item 6 on the agenda.
The Senior Corporate and Community Services Officer read out an email to the Committee on behalf of Carole King (Chair West Down Parish Council).
RESOLVED (12 for, 2 abstained, 0 against) that authority be delegated to the Head of Place in consultation with the Monitoring Officer, Chief Executive and Planning Committee Chair to negotiate an agreement with Acorn Developments (SW) Ltd, and in default of an agreement being reached, this matter be referred back to the Planning Committee.
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