Decisions

RESOLVED that it being 11.09 a.m. the meeting be adjourned and reconvene at 12.00 noon at the location of the second site.

The Committee considered a report by the Public Protection Manager and Graduate Environmental Health Officer/Residential Licensing Officer (circulated previously) regarding proposed amendment to the Council’s Amenity Standards, Minimum Room Sizing and Management Standards.

The Public Protection Manager outlined the following:

·       The current Amenity Standards did not include the position surrounding the sharing of bedrooms in licensed Houses in Multiple Occupation (HMOs). The Legislation was silent in terms of room sharing, albeit that a Room Standard and a Space Standard were provided for in the Housing Act 1985. The Room Standard and Space Standard were criteria used to ascertain whether a property was statutory over-crowded. As such, an amendment to the locally adopted standards under the section ‘Mandatory requirements in HMOs – Space standards’ was proposed.

·       The first area was in terms of the prescribed standards under the section ‘Personal washing facilities and WCs’, which required an amendment in line with The Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007 (‘The 2007 Regulations’).

·       The second area was in terms of the ‘Facilities for the storage, preparation and cooking of food (shared facilities).’ A query arose with regard to the numbers of sinks and dishwashers, whereby it was not practical to install the set number of sinks and instead there was a desire to utilise a dishwasher as an alternative. It was proposed to amend the Amenity Standards to provide a proportionate response to the query raised.

·       The third area was in terms of the ‘Facilities for the storage, preparation and cooking of food (individual use facilities)’, which required an amendment in line with The 2007 Regulations.

·       Various other small amendments have also been made to the Amenity Standards document, as per the tracked changes in Appendix A of the report.

The Graduate Environmental Health Officer/Residential Licensing Officer outlined the following:

·       The proposed amendments made in relation to personal washing facilities and WCs; Facilities for the storage, preparation and cooking of food (shared facilities); Facilities for the storage, preparation and cooking of food (individual use facilities); and Mandatory requirements in HMOs – Space standards.

In response to questions, the Graduate Environmental Health Officer/Residential Licensing Officer advised the following:

·       Facilities to be provided in each HMO was dealt with on a case by case basis.

·       The definition of a complete bathroom within the standards included a fixed shower/bath and WC.  The provision of a WC could also be classed as another complete bathroom.  The wording could be made more explicit in the policy.

In response to questions, the Public Protection Manager advised the following:

·       There were some instances where there was no space for the storage of refuse receptacles outside of a property. The appropriateness of the storage of refuse could be considered by the Council’s Environmental Wardens.

RESOLVED that a public consultation on the proposed draft revised Amenity Standards, Minimum Room Sizing and Management Standards Document (Amenity Standards) found within Appendix A be approved, and that consultation responses be reported to a future committee prior to making any approval.

The Committee considered a report by the Public Protection Manager (circulated previously) regarding the Hackney Carriage Fare Tariff Review.

The Public Protection Manager highlighted the following:

·       The Licensing and Community Safety Committee at its meeting on 12 April 2022 had considered the proposed Hackney Carriage Fare Tariff Review.

·       Paragraph 5.5 in the Council’s Hackney Carriage and Private Hire Licensing Policy described the fare tariff criteria to be utilised when considering any revision.

·       There was currently only 1 non-motorised vehicle, which was a horse drawn carriage operating in Ilfracombe.

·       That there was a typographical error in paragraph 2.1.1., bullet point 4 and that it should read “an amendment to the commencement of tariff 2 and 5 (night rate) from 11.30 pm to 9.00 pm”

·       The proposed modified table of maximum fares as detailed in Appendix A of the report.

·       The Private Hire and Taxi Monthly (PHTM) Magazine published and updated the cost of a two mile hackney carriage fare on Tariff 1 (day rate) nationally every month and produced a league table of all 355 Councils. In March the position of North Devon Council was 89th . North Devon Council’s position was also benchmarked against its neighbouring authorities as detailed in Appendix D of the report.

In response to questions, the Public Protection Manager advised the following:

·       The fuel tariff also encompassed electric vehicles, unless the Committee wished for electric vehicles to be exempt.

·       It was proposed that there be an extra charge of 10p added to the fare price when the South West average price of fuel oil exceeded £1.75 per litre based on the latest available AA Fuel Price Report with a further 10p added for each subsequent increase of 10p per litre. When this average decreased below £1.75, the 10p would not be chargeable.

·       The AA fuel price data would be included on the Council’s website.

RESOLVED that the recommendation made by Licensing and Community Safety Committee during their meeting of the 12 April 2022 be approved, namely that the current table of maximum fares be modified (following a satisfactory period of public consultation) in line with Appendix A, which encompasses the following amendments:

(a)   a 12.3% increase across the table with the exception of waiting time (in line with the CPI increase since the tariff became effective in April 2016);

(b)   an increased valet charge to £100.00;

(c)   an increased fare for non-motorised vehicles from £1.50 to £2.00 a minute;

(d)   an amendment to the commencement of tariff 2 and 5 (night rate) from 11.30 pm to 9.00 pm;

(e)   an extra charge of 10p added to the fare price when the South West average price of fuel oil exceeds £1.75 per litre based on the latest available AA Fuel Price Report with a further 10p added for each subsequent increase of 10p per litre.

RESOLVED that the minutes of the meeting held on 4 April 2022 (circulated previously) be approved as a correct record and signed by the Chair.

The Committee considered a report by the Chief Executive (circulated previously) regarding the Levelling Up Fund and Shared Prosperity Fund.

The Chief Executive highlighted the following:

·       An update had recently been provided at the Council meeting in April 2022. Full Council had approved the submission of a bid for Round 2 funding based on the original bid concentrating on Ilfracombe seafront and the Landmark Theatre.

·       Officers were currently working with Members, Ilfracombe Town Council and the Regeneration Board on the bid.  The deadline for the submission of the bid was by 6 July 2022.

·       Since the Council meeting, further guidance and information had been received in relation to the UK Shared Prosperity Fund.

·       The allocation of the funding would be over 3 years with funding culminating in a national allocation of £1.5 billion in year 3 which would be focussed on People and Skills.

·       The calculation of funding was based on indices applied by Government and the population.

·       Many local authorities were aggrieved at the level of funding awarded given the level of deprivation.

·       Funding would be allocated to District Councils but access to funding would only be given once an Investment Plan had been submitted to Government.  This would paid to the Council over a 3 year period: for North Devon this resulted in year 1 £180,000, year 2 £350,000 and year 3 £600,000.

·       The first 2 years would be focussed on the investment priorities “Communities and Place” and “Local Businesses”.  Year 3 would focus on “People and Skills”.

·       The guidance also stated that Councils must identify a broad range of local stakeholders and appropriate groups in order to secure cross sector involvement. Where there was an existing collaborative partnership group, it could be designated for the purposes of the Fund. The Northern Devon Futures Board would act in this role. MPs should also be a part of the discussions and would need to sign off on the Investment Plan.  There were some gaps in stakeholders such as Parish/Town Councils and religious groups which would need to be considered.

·       The content of the Investment Plan was currently unclear, but it was envisaged that it would include a list of high level intervention projects to be developed in the area and that projects would then be invited to meet these interventions.  The Government had issued a list of suggested interventions.

·       Discussions on the investment plan were currently taking place at an officer level which would then be discussed with Torridge District Council and the Futures Board. There were opportunities to combine resources and projects with Torridge District Council for interventions that covered both areas. Members would also be included in discussions.

In response to questions, the Chief Executive advised the following:

·       That Michael Gove, Secretary of State for Housing, Communities and Local Government had acknowledged that if inflation rates continue to rise that this would reduce the effective value of the funding awarded as it was not index linked to inflation.

·       That the funding that Devon would receive from the SPF over the next 3 years will be around 30% of the amount received through the EU Structural Funding.

RESOLVED that the report be noted.

The Committee considered a report by the Head of Place, Property and Regeneration (circulated previously) regarding the High Street Task Force Support.

The Head of Place, Property and Regeneration highlighted the following:

·       In February 2022, the High Street Task Force announced that 68 Local authorities would receive a package of expert advice and support, helping to deliver long term transformation to towns and cities in England.

·       North Devon was announced as one of those Local Authorities.

·       North Devon Council had to confirm acceptance of the support in March this year.

·       In a webinar held on the 22 April, it had been advised that the Council needed to nominate a location for this support. The High Street Task Force require the Council to nominate its location by 27 May 2022.

·       The offer was one of support rather than direct funding to boost local authority capacity, build sustainable place-making skills, provide an opportunity for information and data sharing and to co-ordinate a national approach.

·       The support suggested a focus on a particular area as detailed in paragraph 4.3 of the report.

·       What was included as part of the support as detailed in paragraph 4.4 of the report.  The support was until June 2024.

·       When considering which place to support, the Task Force suggested that the Council consider the Story so far (in an area), a focused area, need, capacity and the ongoing story. Building on existing work i.e. Future High Street Fund applicants etc.

·       The development of officers’ skills as part of this process would enable these skills to be transferred to other places.

The Chief Executive advised that this support did not include financial support, however it would make sense to focus the support around the Future High Street Fund project in Barnstaple.  Comments had been made previously by Members regarding Ilfracombe and levelling up, however funding and resources were currently being utilised for the Watersports Centre project.

The Director of Resources and Deputy Chief Executive advised that the outputs and learning gained from the High Street Task Force Support could be applied across other towns and this would provide a wider benefit to the whole of North Devon.

In response to questions, the Chief Executive advised the following:

·       If the Committee were minded to focus the support on Barnstaple High Street, it would complement the work of the Future High Street Fund project.

·       The support would also include how to engage with the community and stakeholders and would provide project management advice.

In response to questions, the Head of Place, Property and Regeneration advised the following:

·       The Task Force had confirmed that work should not be paused in advance of support but that the experts would wrap around plans.

·       Devon County Council was also working with the Council in relation to town renewal looking at governance structures in place, build town strategy and delivery plans.

RESOLVED that Barnstaple High Street be confirmed as the nomination for the High Street Task Force support.

We have attempted to purchase these vehicles through existing frameworks and via a tender using the Supplying the Southwest Portal. Both these options failed to produce the vehicles within the budget or timeframe required. So we have tried looking on existing forecourts to see if any van sales companies have vehicles in stock.

To urgently grant a waiver from the Council’s Contract Procedure Rules to allow the purchase of vehicles without going through a tendering process and without use of a framework.

The Committee considered a report by the Planning Officer (circulated previously).

The Planning Officer (BC) outlined the report.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Planning Officer.

The Committee considered a report by the Senior Planning Officer (circulated previously).

The Senior Planning Officer (SM) outlined the report.

RESOLVED (unanimous) that the application be APPROVED as recommended by the Senior Planning Officer.

RESOLVED that the minutes of the meetings held on 13 April 2022 and 25 April 2022 (circulated previously) be approved as correct records and signed by the Chair.

The Committee considered a report by the Lead Planning Officer (North) (circulated previously).

The Lead Planning Officer (North) outlined the report.

The Lead Planning Officer (North) reported the receipt of a late letter of representation received on 10 May 2022 from Malcolm Haines, owner of Chapel Cottage which had been circulated via email to Members of the Committee the same day.  The matters raised within the letter had been addressed within the report and as part of his presentation on the outcome of the site inspection held on 25 April 2022.

Alan Bannister (objector), David Biggerstaff (objector) and Duncan Powe (applicant) addressed the Committee.

Councillor Pearson addressed the Committee as Ward Member.

In response to comments raised, the Lead Planning Officer (North) advised the following:

·       It was recommended that a condition be imposed to remove permitted development rights.

·       The Committee was not able to legally include a condition regarding the occupancy of properties being primary residency in accordance with planning policy.

·       As vacant building credit would apply in this instance, officers were not in a position to secure affordable housing.

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

·       Further conditions outlined on page 68 included the securing of a Construction Environmental Management Plan.

·       The Parish Council would receive a financial contribution for the maintenance of the public conveniences.

·       The Landscape Environmental Management Plan would include landscaping conditions recommended by the Sustainability Officer to ensure net gain. If any changes were required to this Plan the applicant would need to seek approval from the Local Planning Authority.

·       Further to a question regarding lighting and dark skies, the Committee were advised that conditions imposed upon a planning application went with the land.  Therefore, these conditions would be enforceable if there was non-compliance by the occupants.  These conditions would be controlled and enforced by the Local Planning Authority.

·       The red lines on the plan denoted the existing structures that were on the site and the dark lines denoted the proposed structures. There were elements of the structures that would be retained and the rear wall of the former hotel structure would be brought forward on the site to ensure the stability of the road.

·       The developer had not provided timescales for the construction works to take place and suggested that the Committee may wish to ask the applicant this question. However, the Construction Environmental Management Plan would put safeguards in place during the construction.

·       Vacant building credit applied in this instance and therefore officers were not in a position to secure affordable housing.

·       The developer would be requested to provide contact details for the site manager. The Committee could also request that the developer keeps the community and Residents Association updated on construction works.

Councillor Fowler (in his capacity as Ward Member) addressed the Committee.

RESOLVED (unanimous) that the application be APPROVED subject to the finalisation of planning conditions and the securing of a Legal Agreement being delegated to the Head of Planning, Housing and Health as recommended by the Lead Planning Officer (North).