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Decisions

Use the below search options at the bottom of the page to find information regarding recent decisions that have been taken by the council’s decision making bodies.

Alternatively you can visit the officer decisions page for information on officer delegated decisions that have been taken by council officers.

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Decisions published

13/01/2021 - Strategy and Resources Committee ref: 1669    Recommendations Approved

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

RESOLVED that the following minutes of the Strategy and Resources Committee (circulated previously) be noted and adopted as follows:   

 

(i) 7 December 2020

 

(A) Minute 229: Approval and Release of Section 106 Public Open Space Funds, Tawstock

(B) Minute 232: Interim Devon Climate Change Plan and North Devon Council Environmental Policy

 

(ii) 4 January 2021 (circulated separately)

 


13/01/2021 - Planning Committee ref: 1668    Recommendations Approved

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

RESOLVED that the following minutes of the Planning Committee (circulated previously) be noted and adopted as follows:   

 

(i) 11 November 2020

(ii) 9 December 2020

 

In response to a question, the Chief Executive advised that minutes of the Planning Committee were to note and the accuracy of the minutes would be considered at the next meeting of the Committee.

 


13/01/2021 - Harbour Board ref: 1667    Recommendations Approved

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

RESOLVED that the following minutes of the Harbour Board (circulated previously) be noted and adopted as follows:   

 

(i) 17 November 2020

 


13/01/2021 - Building Control Joint Committee ref: 1666    Recommendations Approved

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

RESOLVED that the following minutes of the Building Control Joint Committee (circulated previously) be noted and adopted as follows:   

 

(i) 12 November 2020


13/01/2021 - Council Tax Base 2021/22 ref: 1664    For Determination

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

Council considered a report by the Head of Resources regarding the Council Tax Base for 2021/22 (circulated previously).

 

The Head of Resources outlined the report to Council and responded to questions raised.

 

It was moved by Councillor Biederman and seconded by Councillor Worden that the recommendations in the report be adopted.

 

RESOLVED:

 

(a) That the report for the calculation of the Council Tax Base for 2021/22 by the Head of Resources be approved;

 

(b) That pursuant to the report and in accordance with the Local Authorities (Calculation of Council Tax Base) (England) Regulations 2012, the amount calculated by North Devon District Council as its schedule for 2021/22 shall be as shown on the attached schedule.

Lead officer: Jon Triggs


13/01/2021 - Proposed Committee Timetable for 2021/2022 ref: 1665    For Determination

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

Council considered a report by the Senior Corporate and Community Services Officer regarding the proposed committee timetable for 2021/22 (circulated previously).

 

The Senior Corporate and Community Services Officer outlined the report to Council and responded to questions raised.

 

It was moved by Councillor Roome and seconded by Councillor Hunt that the recommendations in the report be adopted.

 

RESOLVED:

 

(a) That the timetable of Council and Committee meetings for 2021/2022 as detailed in Appendix A of the report be adopted;

 

(b) That all meetings of Council, Committee and Sub-Committees continue to be held virtually 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 and reviewed at such time as the Covid-19 crisis is at a level where social distancing is no longer required.

Wards affected: (All Wards);

Lead officer: Beverley Triggs


13/01/2021 - To consider motions of which notice has been submitted by Members in accordance with Part 4, Council Procedure Rules, Paragraph 11 of the Constitution ref: 1662    Recommendations Approved

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

(a) To consider the following notice of motion received by Councillor Pearson

 

Councillor Pearson presented her notice of motion to Council.

 

It was moved by Councillor Pearson and seconded by Councillor Patrinos “that Council:

1. Support the Climate and Ecological Emergency Bill;

2. Inform the local media of this decision;

3. Write to local MPs, asking them to support the Bill; and

4. Write to the CEE Bill Alliance, the organisers of the campaign for the Bill, expressing its support (campaign@ceebill.uk).”

 

Councillor Bulled declared a personal interest as a member of the Climate Action Team.

 

RESOLVED that Council:

 

1. Support the Climate and Ecological Emergency Bill;

2. Inform the local media of this decision;

3. Write to local MPs, asking them to support the Bill; and

4. Write to the CEE Bill Alliance, the organisers of the campaign for the Bill, expressing its support (campaign@ceebill.uk).

 

(b) To consider the following notice of motion received by Councillor Mack:

 

Councillor Mack presented his notice of motion to Council.

 

It was moved by Councillor Mack and seconded by Councillor Worden “that the notice of motion be referred to the Strategy and Resources Committee for consideration at its next meeting”.

 

Councillor Lofthouse declared a personal interest as a member of Plastic Free North Devon.

 

RESOLVED that the notice of motion be referred to the Strategy and Resources Committee for consideration at its next meeting.

 

(c) To consider the following notice of motion received by Councillor Worden

 

Councillor Worden presented his notice of motion to Council.

 

It was moved by Councillor Worden and seconded by Councillor Lofthouse

that this Council:

 

1.    Write to the Ministry of Housing, Communities and Local Government (MHCLG) urging that the temporary change to the meeting rules set out in the Local Government Act 1972 be made permanent so that after May we have the flexibility to hold meetings remotely or physically or by using a combination of the two;

2.    Write to our M.P., the County Council and Parish Councils asking for support for this flexible approach to council meetings;

3.    Once our request is successful to explore the use of technology to develop remote meetings even more in order to attract a wider audience.” 

 

RESOLVED that this Council:

 

1.    Write to the Ministry of Housing, Communities and Local Government (MHCLG) urging that the temporary change to the meeting rules set out in the Local Government Act 1972 be made permanent so that after May we have the flexibility to hold meetings remotely or physically or by using a combination of the two;

2.    Write to our M.P., the County Council and Parish Councils asking for support for this flexible approach to council meetings;

3.    Once our request is successful to explore the use of technology to develop remote meetings even more in order to attract a wider audience. 

 

(d) To consider the following notice of motion received by Councillor Leaver

 

Councillor Leaver presented her notice of motion to Council.

 

Councillor Worden suggested that the notice of motion be referred to the Strategy and Resources Committee at its next meeting so that the issue was discussed alongside the Council’s proposed litter strategy.

 

It was moved by Councillor Leaver and seconded by Councillor Biederman “that the notice of motion be referred to the Strategy and Resources Committee for consideration”.

 

RESOLVED that the notice of motion be referred to the Strategy and Resources Committee for consideration.


13/01/2021 - To approve as a correct record the minutes of the meeting held on 25 November 2020 ref: 1661    Recommendations Approved

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

RESOLVED that the minutes of the meeting held on 25 November 2020 (circulated previously) be approved as a correct record and signed by the Chair.


13/01/2021 - 71660: Outline application for up to 59 residential units and associated infrastructure, some matters reserved (appearance, landscaping, layout and scale) (additional information). ref: 1660    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 13/01/2021 - Planning Committee

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

The Committee considered a report by the Head of Place (circulated previously).

 

The Senior Planning Officer (MB) advised the Committee of two typographical errors within the report.  The site description on page 12 should have stated 3.1ha and not 31ha and that reference to heritage asset on page 67 paragraph 4 should have stated “slight impact of heritage asset”.

 

Rupert Pilkington (objector), Councillor S. Crowther (Heanton Punchardon Parish Council), Sue Prosper (Chair of Love Braunton) and Penny Mills (Devon CPRE (Campaign to Protect Rural England)) addressed the Committee.

 

The Senior Corporate and Community Services Officer read a statement from the applicant to the Committee.

 

David Relph (Braunton Parish Council) addressed the Committee.

 

In response to questions from the Committee, Senior Planning Officer (MB) advised:

 

·         The Authority had a shortfall in its five-year housing land supply. There was scope for this application to assist in addressing this shortfall.

·         The report was drafted based on careful consideration of a tilted balance due to the lack of a five year land supply.

·         A recent High Court decision, as referred to by Cllr Crowther, was not believed to affect this recommendation.

·         The size and mix of buildings of various sizes and types on the site would be considered under the reserved matters.

The planning conditions set out a 24 month period for seeking reserved matter permission.

 

Lead Planning Officer (North) (BP) advised the Committee that the report from the Housing Enabling Officer did not confirm whether a Housing Needs Survey had been carried out, but that one would have been requested on an exception site.

 

In response to questions from the Committee, Senior Planning Officer (MB) advised:

           

·         The site was not considered to be an exception site.

·         Provision had been made for 30% affordable housing.

·         A previous application on the site (63047) had been refused in 2018. At that time it had been refused under the previous Local Plan for a number of reasons.

·         Foul waste would be pumped uphill to Heanton Punchardon but this was not a reason to refuse the application.

·         The Authority did not have a five-year land supply.  It was not for the applicant to provide proof of this, the requirement was on the Authority to be able to demonstrate it.

·         The applicant had confirmed they were willing to enter a legal agreement to agree the infrastructure requirements so there was no reason to believe there would be a viability issue in future.

 

In response to questions from the Committee, Paul Young of Devon County Council (DCC) advised that:

 

·         The issue of past flooding of the Chivenor roundabout could be reported to the DCC Neighbourhood Highways Team to investigate. He also advised that localised flooding of the roundabout was not a sufficient concern which would result in recommending refusal of the application.

·         The Toucan Crossing referred to in the report was the same crossing as mentioned in the permissions for the site opposite this.  There would not be two crossings. The two developers could share the costs of the provision of the crossing between them.

·         As a Highways organisation, DCC would consider the cumulative impact of developments on the area. It recognised the increased demand on the Braunton cross-road junction but that it would remain below the threshold of material impact.  They would not recommend refusal on highways grounds, but would be justified to seek improvement.

 

In response to questions from the Committee, Senior Planning Officer (MB) advised:

           

·         The red line on the plan extended to DCC Highways land.

·         The requirement for a Building for Life Assessment had not been included within the proposed conditions however it formed part of the planning application validation checklist.

·         The Design Review Panel had not been approached, however it could be included as an advisory note should the application be approved.

·         The response of the Environmental Health Officer in relation to air quality had been included in the report. He was content with the findings in relation to both air quality and environmental impact.

·         The Authority would seek the education contribution as requested by the Education Authority.

 

Lead Planning Officer (North) (BP) advised the Committee that at the time that the previous application for this site (63047) was considered and subsequently refused, it had been considered that the Authority had demonstrated that it had a five-year land supply, and, as the site fell outside of the boundary it could be refused.  Any refusal now could not be based on the same reasons as previously set out because any references to the Local Plan policies would be outdated as would have changed when the new Local Plan was adopted.

 

In response to questions from the Committee, Senior Planning Officer (MB) advised:

 

·         The Authority could not now demonstrate a five-year land supply. In terms of the previous application, the situation had moved on.

·         The site would demonstrate a bio-diversity net gain.

 

RESOLVED (7 for, 6 against) that the application be DEFERRED for two cycles pending receipt of:

 

a)    Confirmation of Housing Needs and updated information in relation to the five-year housing land supply; and that

b)    Officers be requested to provide a response to the High Court legal decisions taken where the five-year land supply had been taken into account.

 

 


13/01/2021 - To approve as a correct record the minutes of the meeting held on 9th December 2020 ref: 1659    Recommendations Approved

Decision Maker: Planning Committee

Made at meeting: 13/01/2021 - Planning Committee

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

RESOLVED that the minutes of the meetings held on 9th December 2020 (circulated previously) be approved as a correct record and signed by the Chair with the amendment to minute 130 as follows: “RESOLVED that (unanimous) recommendation 2.1.4 “Accept no compromise on the Section 106 and pursue delivery of five affordable dwellings and £118,201” be sought as per section 2.1.4 in the report by the Head of Place.”

 

In response to a question from the Committee, the Solicitor (DH) confirmed that Ward Members could not attend confidential discussions (under Part B rules) in relation to an application in their ward.  Only those on the Committee could be privy to ‘Part B’ discussions.

 


12/01/2021 - 12568: Alleged Unauthorised development - engineering works at Berrynarbor Park Sterridge Valley Berrynarbor Ilfracombe EX34 9TA ref: 1670    Recommendations Approved

It seems that the excavation exceeds that made lawful through the granting of applications 64609 and 64116 Certificates of Lawfulness Use or Development to site 8 caravans for full residential use which were granted in 2018.
The lawful schemes did not detail engineering operations and it seems that the approvals were based upon the assumption that the new 8 units could be sited without requiring significant landscaping being required. It is therefore recommended that the engineering operations that have occurred on site exceeds that reasonably covered by the previous consents.
Policy ST01 of the Local Plan states that, when considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework (the NPPF).
Given that the site is located outside of the built form of the village of Berrynarbor, reference is given to policy ST07 of the Local Plan states that In the Countryside, beyond Local Centres, Villages and Rural Settlements, development will be limited to that which is enabled to meet local economic and social needs, rural building reuse and development which is necessarily restricted to a Countryside location.
With regard to design and environmental qualities, Policy ST04 of the Local Plan states that development will achieve high quality inclusive and sustainable design to support the creation of successful, vibrant places. Design will be based on a clear process that analyses and responds to the characteristics of the site, its wider context and the surrounding area taking full account of the principles of design found in policy DM04.
Also, policy DM04 of the Local Plan encourages good design and ensures that development proposals should be appropriate and sympathetic to setting in terms of scale, density, massing, height, layout appearance, fenestration, materials and relationship to buildings and landscape features in the local neighbourhood; reinforce the key characteristics and special qualities of the area in which the development is proposed; and contributes positively to local distinctiveness, historic environment and sense of place.
In addition, with regard to the setting of the Areas of Outstanding Natural Beauty (AONB), Policy DN08A emphasises that great weight will be given to conserving the landscape and scenic beauty of the North Devon Coast Area of Outstanding Natural Beauty and ensure that the landscape character and natural beauty are conserved and enhanced.
In addition, Policy ST14 states that the quality of northern Devon’s natural environment will be protected and enhanced by ensuring that development contributes to conserving the setting and special character and qualities of the North Devon Coast Areas of Outstanding Natural Beauty whilst fostering the social and economic well-being of the area.
Excavations and engineering works have occurred that significantly alter the landscape resulting in a large area of excavated bank, and a large area of spoil cascading toward the stream.
The works to the land are significant and have resulted in harm to the appearance of the locality, and the contribution that the area makes to the beauty of the Area of Outstanding Natural Beauty.
Given the designation of the area and the special qualities of the visual amenity of the locality, it is reasonable that a temporary stop notice is issued.
Works should stop immediately to ensure that no further harm is caused to the Area of Outstanding Natural Beauty protected area.

Decision Maker: Head of Place

Decision published: 20/01/2021

Effective from: 12/01/2021

Decision:

To issue a Temporary Stop Notice under Section 171E of the Town
•Re-establish the land removed and incorporate native landscaping;
•Remove all plant and machinery from the site
Timescale for compliance: Given the scope of the required works, it is considered reasonable that a timescale of 3 months is given.

Lead officer: Michael Tichford


04/01/2021 - Exclusion of Public and Press and Restriction of Documents ref: 1657    Recommendations Approved

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/01/2021 - Strategy and Resources Committee

Decision published: 12/01/2021

Effective from: 04/01/2021

Decision:

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 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);

 

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

 


04/01/2021 - Bicclescombe Nursery, Ilfracombe ref: 1658    For Determination

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/01/2021 - Strategy and Resources Committee

Decision published: 12/01/2021

Effective from: 04/01/2021

Lead officer: Jon Triggs


04/01/2021 - Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency. ref: 1654    Recommendations Approved

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/01/2021 - Strategy and Resources Committee

Decision published: 12/01/2021

Effective from: 04/01/2021

Decision:

RESOLVED that item 10 be considered prior to item 9 on the agenda.


04/01/2021 - To approve as a correct record the minutes of the meeting held on 7 December 2020 (attached). ref: 1653    Recommendations Approved

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/01/2021 - Strategy and Resources Committee

Decision published: 12/01/2021

Effective from: 04/01/2021

Decision:

RESOLVED that the minutes of the meeting held on 7 December 2020 (circulated previously) be approved as a correct record and signed by the Chair.


13/01/2021 - Council Tax Reduction Scheme 2021/22 ref: 1663    For Determination

Decision Maker: Council

Made at meeting: 13/01/2021 - Council

Decision published: 21/01/2021

Effective from: 13/01/2021

Decision:

Council considered the Council Tax Reduction Scheme 2021/22 to the Strategy and Resources Committee on 4 January 2021 and minute extract of the Strategy and Resources Committee held on 4 January 2021 (circulated previously).

 

The Head of Resources outlined the report to Council and responded to questions raised. He advised that a link to pages on the Council’s website regarding Council Tax support and financial assistance would be sent to all Members.

 

It was moved by Councillor Walker and seconded by Councillor Biederman “that minute 240 regarding the Council Tax Reduction Scheme 2021/22 of the meeting of the Strategy and Resources Committee held on 4 January 2021 be adopted”.

 

RESOLVED that minute 240 regarding the Council Tax Reduction Scheme 2021/22 of the meeting of the Strategy and Resources Committee held on 4 January 2021 be adopted.

Decision Maker: Strategy and Resources Committee

Made at meeting: 04/01/2021 - Strategy and Resources Committee

Decision published: 12/01/2021

Effective from: 13/01/2021

Decision:

The Committee considered a report by the Head of Resources (circulated previously) regarding the Council Tax Reduction Scheme for 2021/22.

 

The Head of Resources highlighted the following:

 

·         The Scheme was reviewed annually in advance of the new financial year.

·         The previous Council Tax Benefit scheme was abolished and replaced with localised support scheme for Council Tax in 2013/14. 

·         The local support scheme was aligned to other Councils as part of the Devon wide scheme.

·         The current Council Tax Reduction banded scheme for working age claimants was introduced in April 2020.

·         Four changes were proposed to this scheme from 1 April 2021 to bring the scheme in line with the changes being made by Central Government in Housing Benefit and Universal Credit.  It would also enable the Council to alter the scheme within the financial year should it be deemed necessary which would allow the Council to be flexible as to ensure that applicants were not disadvantaged following changes made by Government.

·         The Government had introduced a number of changes into the prescribed scheme for pension age applicants and it was proposed that the same changes be made to align the working age scheme as outlined in paragraph 4.4 of the report.

·         Full details of the four proposed changes were detailed in paragraph 4.5 of the report.

·         The Council undertook a comprehensive consultation on the proposals during the period 2 November 2020 to 13 December 2020 and were detailed in Appendix D and E.  

·         The cost impact to the Council was around 10% share of the Council Tax bill, and therefore the overall scheme would cost the Council approximately £650,000.

 

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

 

·         The costs of the scheme as detailed in paragraph 5 of the report related only to the cost of the scheme itself and did not include administration costs.  The Council receives an admin grant of approximately £100,000 from the Government towards administration costs, however this did not cover the whole cost for administering the scheme.  The comments regarding changing the terminology and referring to customers as residents would be taken on board.

·         The overall administrative costs for the processing of applications had been reduced since the localised scheme was introduced in 2013.

 

In response to questions, the Revenues and Benefits Manager advised the following:

 

·         The length of time taken to administer and process an application depended upon the complexity.  If all evidence was provided and the application was made by a single person then an application would take approximately 20 minutes to process.  More complicated applications would take longer.  The average length of time to process an application was currently 11 working days.  This was higher than the national average due to an increase in workload.

 

RECOMMENDED:

 

(a) That Council adopts all four of the proposals, as detailed in 4.5 of the report and as in North Devon Council, Council Tax Reduction Scheme Policy S13A and Schedule 1a of the Local Government Finance Act 1992, Appendix A, from 1 April 2021. 

 

(b) That the Equality Impact Assessment in relation to the scheme, as set out in Appendix B of the report be noted;

 

(c)  That Council approve the Exceptional Hardship Policy in relation to the Council Tax Reduction Scheme, as set out in Appendix C.

 

Lead officer: David Good


19/11/2020 - Work Programme 2020/21 ref: 1655    Recommendations Approved

Decision Maker: Policy Development Committee

Made at meeting: 19/11/2020 - Policy Development Committee

Decision published: 08/01/2021

Effective from: 19/11/2020

Decision:

The Committee considered the Work Programme for 2020-21 (circulated previously).

 

          RESOLVED that;

 

·       an update on Farming and Agriculture in North Devon be added to the work programme for the meeting of 18th March 2021,

 

·       Housing and Homelessness Strategy be added to the list of agenda items, and

 

·       the work programme be noted.