Agenda and draft minutes

Special, Strategy and Resources Committee - Monday, 17th May, 2021 10.00 am

Venue: Barum Room - Brynsworthy. View directions

Contact: Corporate and Community Services  01271 388253

Note: From the 7 May 2021, the law requires all councils to hold formal meetings in person. The Council is also required to follow Government guidance and ensure that all venues used are Covid secure and that all appropriate measures are put in place. There are six spaces available for members of the public to attend. If you would like to book a place, please contact Corporate and Community Services by 12noon on Thursday 13 May 2021 to book a place by telephoning 01271 388253 or emailing member.services@northdevon.gov.uk. For track and trace purposes you will be required to provide your name, address and contact telephone number. This data will be held by the Council for 21 days. 

Items
No. Item

19.

Apologies for absence

Minutes:

Apologies for absence were received from Councillors Knight, Lofthouse and Patrinos.

20.

Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency.

Minutes:

There were no items brought forward, which in the opinion of the Chair, should be considered by the meeting as a matter of urgency.

21.

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 declaration of interest was announced:

 

Councillor L. Spear – item 5 personal interest as Chair of Braunton Parish Council.

22.

Order of Agenda

Minutes:

The Leader advised that part of item 9 would be considered in Part A of the agenda.

 

The Committee agreed to consider item 9 before item 8 on the agenda.

23.

Approval and Release of S106 Public Open Space Funds - Braunton pdf icon PDF 215 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 towards projects in Braunton.

 

The Committee noted a typographical error in paragraph 2.2, which should have stated “2.2.1 and 2.2.2 above”.

 

RESOLVED that section 106 public open space funds be allocated as follows:

 

(a) £26,992.57 to Braunton Parish Council towards the enhancement of Chaloners Road Play Area.

 

(b) £28,498.58 to Braunton Cricket Club towards the provision of an artificial grass training facility and nets.

 

RECOMMENDED:

 

(c) Subject to approval of (a) and (b) above, that Council be recommended to vary the capital programme by £55,491.15 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.

24.

Braunton Burrows Special Area of Conservation Visitor Impact Strategy pdf icon PDF 633 KB

Report by Sustainability Officer (attached)

Additional documents:

Minutes:

The Committee considered a report by the Sustainability Officer (circulated previously) regarding the finalised Visitor Mitigation Strategy for Braunton Burrows Special Area of Conservation (SAC).

 

Councillor Lane declared a personal interest as a builder and a developer.

 

In response to questions from the Committee, the Sustainability Officer advised the following:

 

·         The Conservation of Habitats and Species Regulations 2017 sets out a duty to maintain and restore European Designated Sites. Local authorities were required to have regard to the implications of plans or projects on the integrity of protected site’s conservation objectives.

·         Evidence produced since the adoption of the North Devon and Torridge Local Plan (the “Local Plan”) concluded that, as a result of increasing visitor pressure, adverse effects on the integrity of the SAC could not be ruled out and development which contributed to the harm of the SAC should not be granted without appropriate mitigation measures being in place.

·         Natural England had advised that a formal mitigation strategy must be produced to provide certainty on what mitigation measures are required and the cost of delivery.

·         In 2019, the Council commissioned Footprint Ecology, who were national experts, to assess potential impacts on Braunton Burrows SAC as a result of further non plan-led development in-combination with that allocated for within the Local Plan. The Braunton Burrows SAC – An Assessment of the Potential Recreational Impacts Linked to Non Plan-Led Development report was finalised in March 2019.  Footprint Ecology assessed visitor behaviour, type of impact and origin of impact.

·         Natural England had responded to the report produced by Footprint Ecology and advised that the appropriate assessment to accompany all new applications would need to address measures for mitigation.

·         The developer contributions sought could only legally be used for Braunton Burrows SAC and could not be transferrable to another area. In accordance with the Habitat Regulations, only potential impacts on Braunton Burrows SAC were perceived to be significant and warrant further assessment and mitigation.

·         The costs included within the action plan of the Mitigation Strategy were estimates to mitigate impacts for the remainder of the Joint Local Plan.  The Strategy was provided by a reputed consultant.  The figures would be kept under constant review.

 

RESOLVED:

 

(a) That the Local Authority commence collection of developer contributions at a revised rate of £190 per unit (including administration fees) on any development resulting in a net gain in temporary or permanent residential or holiday accommodation within the identified Zone of Influence (ZoI);

 

(b) That the rate of contributions be placed under constant review to ensure that the delivery of development within the ZOI was sufficient to fund the strategy’s capital costs and recurring costs as set in Table 1 of the Strategy;

 

(c) That the Braunton Burrows SAC Mitigation Strategy action plan be reviewed in two years time;

 

RECOMMENDED:

 

(d) That Full Council be recommended to amend the Scheme of delegations to provide delegated power to the Senior Solicitor to enter into undertaking and obligations under section 106 Town and County Planning Act  ...  view the full minutes text for item 24.

25.

Land at Westacott - Public Consultation

Minutes:

The Head of Resources provided an update to the Committee on the areas of the Land at Westacott – Public Consultation report which were not confidential or commercially sensitive.

 

The Head of Resources highlighted the following:

 

·         North Devon Council owned the freehold of the land at Westacott, Westacott Road, Barnstaple.

·         The owner of the adjacent land had approached the Council for permission to access their site over the Council’s land at Westacott in accordance with the outline planning consent.  The land consisted of 2.5 acres and was currently used as Public Open Space.

·         Within the North Devon and Torridge Local Plan 2011 – 2031 the land was identified as a site for a secondary access to BAR1.

·         BAR1 was a site comprised of numerous plots of land with various owners and had been identified in the local plan to deliver 950 homes, with its main access from proposed roundabout at the Landkey junction. 

·         The Council had been successful in securing Housing Infrastructure Fund monies to help deliver the Landkey roundabout which formed the primary access to BAR1.

·         The existing park covered an area of approximately 12,000 square metres. The plans showed that 1400 square meters of the existing park would be taken up by the road.  An equivalent amount of informal open space would be replaced around the site of the proposed Multi Use Games Area (MUGA) and it was proposed that an additional informal open space would be provided in the form of a hill top park.  It was proposed that a MUGA and junior sports pitch would be provided. A minimum of 10 pieces of play equipment would be provided (5 to replace the existing and 5 additional pieces). This would result in an overall net gain and increase of open space to approximately 27,000 square metres.

·         Under section 123 of the Local Government Act 1972 the Council had the power to dispose of land held by them but this was limited by subsection 2A “That the council may not dispose of Open Space unless before disposing of the land they cause notice of their intention to do so to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them”.

·         If the Committee agreed to go out to public consultation it was intended to advertise the potential disposal in the Gazette and North Devon Journal on the 20th and 27th May 2021 with closure for responses on 18 June 2021. 

·         The consultation responses together with all of the facts would be presented to the Committee at its meeting in July 2021 to consider.

 

In response to a question, the Estates Officer confirmed that the area of land consisted of 2.5 acres. The public open space would be managed by a management company and not owned by the Council.

 

Councillor Hunt (in her capacity as Ward Member) addressed the Committee.

 

Councillor Leaver (in  ...  view the full minutes text for item 25.

26.

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 items as they involve the likely disclosure of exempt information as defined in Paragraph 3,  Part 1 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); and

 

(b) That all documents and reports relating to the items 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 items as they involved the likely disclosure of exempt information as defined in Paragraph 3,  Part 1 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); and

 

(b) That all documents and reports relating to the items be confirmed as “Not for Publication”.

27.

Land at Westacott - Public Consultation

Report by Head of Resources (attached).

Minutes:

The Committee considered a report by the Head of Resources (circulated previously) regarding land at Westacott – public consultation.

 

The Head of Resources and Estates Officer provided responses to questions raised by the Committee.

 

RESOLVED:

 

(a) that the Head of Resources be authorised to undertake the appropriate advertisement of the potential disposal of the land at Westacott and call for public consultation in accordance with section 123 of the Local Government Act 1972;

 

(b) That a report be presented back to the Committee with the responses of the public consultation so that Members are able to consider the responses received and whether or not to agree to the disposal of the land in accordance to the offer received.

28.

EV Charging - Supplier Resolution

Joint report by Senior Regeneration Officer/Solicitor and Data Protection Officer (attached).

Minutes:

The Committee considered a joint report by the Senior Regeneration Officer and Solicitor/Data Protection Officer (circulated previously) regarding securing a supplier resolution for the procurement of rapid Electric Vehicle Charging points. 

 

The Senior Regeneration Officer and Solicitor/Data Protection Officer provided responses to questions raised by the Committee.

 

RESOLVED that the Council collaborate with Osprey to ensure proposed amendments to the Concession and Lease agreements were suitable to both parties for the procurement of rapid Electric Vehicle Charging points.