Decisions

The Committee received legal advice from the Council’s Solicitor.  The Senior Corporate and Community Services Officer read out an email to the Committee on behalf of Carole King (Chair West Down Parish Council).

RESOLVED that the public and press be re-admitted to the meeting to enable the Committee to consider planning application 60385 under item 6 on the agenda.

The Senior Corporate and Community Services Officer read out an email to the Committee on behalf of Carole King (Chair West Down Parish Council).

RESOLVED (12 for, 2 abstained, 0 against) that authority be delegated to the Head of Place in consultation with the Monitoring Officer, Chief Executive and Planning Committee Chair to negotiate an agreement with Acorn Developments (SW) Ltd, and in default of an agreement being reached, this matter be referred back to the Planning Committee.

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)

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.

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

(i) 17 November 2020

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

(i) 12 November 2020

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.

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.

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.

(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.

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.

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.

RESOLVED that the minutes of the meetings held on 9^th 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.