Proposed erection of dwelling. Report by Planning Officer (attached).

Councillors Bulled and R. Knight left the meeting prior to consideration of this application.

The Committee considered a report by the Planning Officer (MK) (circulated previously) regarding application 79441.

The Lead Planning Officer (North) reported the receipt of an amended landscape plan following the publication of the agenda.

Kim Dennis (supporter), Michael Whip (supporter), Mr Gould (applicant) and Mr Townsend (agent) addressed the Committee.

Councillor Wilkinson, Ward Member, addressed the Committee in support of the application.

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

·       In relation to an application that had been approved previously adjoining the site, since that approval Section 245 (Protected Landscapes) of the Levelling Up and Regeneration Act 2023 had placed a new duty on the Local Planning Authority in relation to land in an Area of Outstanding Natural Beauty (National Landscape).

·       Referred to the supporting text of Policy MOR as detailed on page 137 of the report.

·       A photo showed that the existing property on the site was smaller than the proposed dwelling.  It was proposed that landscaping to the lower part of the site would filter visibility from the wider area.

·       The amended Landscaping Plan had only received the previous week and further consultation had not been undertaken with the AONB regarding enhancing landscaping as it had been considered that it would not affect the overall view.

·       There were mobile homes located to the north west of the site, no built form on the north and some built form on the east/south of the site.

·       The direct line distance from the development to the boundary was 950m.  If you travelled by road, this distance would be higher and would increase further to the centre of the village.  Local needs dwellings were normally located adjacent to a development boundary.

In response to questions from the Committee, the Solicitor and Data Protection Officer advised the following:

·       The supporting text of Policy MOR paragraph 12.316 sets out an exception basis on which new housing may be supported outside of the development boundaries of Woolacombe and Mortehoe. The fourth paragraph related to the new National Landscape duty which included “seek to further the statutory purposes of the area by way of conserving and enhancing the natural beauty of the AONB” which was a further step for Local Planning Authorities to meet.  There were now extra measures to seek to develop and protect the national landscape.  The new duty was legislation and not policy.

·       Referred to the consultee response from the North Devon Coast National Landscape. 

Following the moving and seconding of a motion to approve the application, the Chair outlined the steps to be followed in accordance with the Planning Code of Conduct, Paragraph 9, Part 5 of the Council’s Constitution as follows: “9.4 Where a councillor wishes to move or moves a motion which differs from the officer’s recommendation consideration should be given to adjourning the committee meeting for a few minutes for the reasons for such a motion to be discussed.

RESOLVED, following the moving and seconding of a motion to approve the application, which differed from the Planning Officer’s recommendation, that in accordance with paragraph 9.4 of the Planning Code of Conduct the meeting be adjourned at 2.10 p.m., for the reasons for such a motion to be discussed with the mover and seconder of the motion, the Chair and officers.

RESOLVED that it being 2.29 p.m. that the meeting be reconvened.

In accordance with paragraph 9.7 of the Planning Code of Conduct, the Chair invited the mover of the motion, Councillor C. Leaver, to address the Committee. Councillor C. Leaver read the reasons to the Committee.

RESOLVED (7 for, 0 against, 0 abstained) that the application be APPROVED as applied for subject to a section 106 legal agreement to tie the occupancy to a local needs dwelling and planning conditions delegated to the Planning Office for the following reasons:

(a)  In terms of consistency of decision making and with regard to planning permission granted adjacent to the site for the same type of development.

(b)  It is considered that the duty under Section 245 of the Levelling Up and Regeneration Act 2023 in relation to the national landscape to seek to further the conservation and enhancement is met by the following considerations:

a.    The removal of the existing structure

b.    Landscaping enhancements