Decisions

The Chair introduced herself.  The Members of the Sub-Committee and Officers introduced themselves.

The Service Lead Licensing confirmed that all requirements had been met.

The Senior Solicitor outlined the process of the hearing. 

The Service Lead Licensing summarised his report, (circulated previously) regarding an application for the grant of a licence for the breeding of dogs, Broadlands (Earthtaw), Ash Mill, South Molton, EX36 4QT (ref 049342), the Premises was inspected on 10^th January 2019, procedure documentation not available on that date, some has now been provided by the applicant.  The Service Lead Licensing listed areas that still required action.

The Service Lead Licensing then presented 20 photos taken on the day of the inspection of the Premises.

The Applicant asked questions of the Service Lead Licensing.

In response to a question on what qualification he held in relation to carrying out this type of inspection, the Service Lead Licensing confirmed he did not hold a level three certificate qualifying him to inspect dog breeding premises. However, he did have 21 months experience with animal licences, which was an appropriate qualification according to the guidance.

The Applicant wanted it noted that under point 76 of the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 procedural guidance notes for local authorities October 2018, heading “Certification by the United Kingdom Accreditation Service (UKAS)” the Service Lead Licensing had failed to mention her compliance history held with UKAS as her kennel club accreditation had been held since 31^st August 2008 and was renewed every year.  The Chair advised that the standards of the kennel club differed from those the local authority had to adhere to.

In response to the Applicant’s question on whether he had reported his findings to UKAS, the Service Lead Licensing confirmed he had not.

The Chair then allowed the Service Lead Licensing to call his first witness.

The Vet summarised his report.

The Chair allowed the Applicant to respond to the vet’s findings.

The Representative of the Applicant asked the vet if he had any concerns over the welfare of the animals to which he replied no.

The Chair then invited the Service Lead Licensing Officer to call his second witness, the Licensing Officer.

The Licensing Officer summarised his findings on the day of the inspection.

The Chair invited the Applicant to present her case.

In response to a question from the Chair why preparation for the inspection hadn’t been done ahead of the inspection, the Applicant replied she was used to working to Kennel club guidelines.

In response to a question about installing a fire extinguisher, the Applicant replied that her first response in the event of a fire would be to evacuate the dogs and puppies not to try and tackle a fire.  If absent from the Premises her nearby neighbour knew what to do in the event of a fire.

In response to a question from the Applicant on whether any complaints had been received by the local authority, the Licensing Officer confirmed he knew of none.

The Service Lead Licensing was invited to sum up.

The Chair then invited the Vet to sum up. 

The Applicant summed up by explaining that on the day of the inspection her Partners bitch and puppies had been in the outside kennels and that her own were never out there.  Her own puppies were inside the house and weaned there.  Her outside kennels were of very good quality and expensive to install.

The Committee Clerk read out the proposed decision on which the Sub-Committee voted as follows:

The Sub-Committee took into account the inspectors’ reports and although the Applicant had improved in some areas of concern, there were still failings but the Sub-Committee felt satisfied that the Applicant would address those failings.

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.

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 4^th 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 4^th November 2019, a community meeting had now been rescheduled for 14^th 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 14^th 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.

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 4^th 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 31^st August and 31^st 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.

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.

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.

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 6^th 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.

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.

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.