Minutes of a meeting of the WEST DEVON DEVELOPMENT MANAGEMENT & LICENSING COMMITTEE held on TUESDAY the8th day of November 2022 at 10.00am in the COUNCIL CHAMBER, KILWORTHY PARK

 

 

Present:        Cllr J Yelland – Chairman

                      Cllr T Pearce – Vice Chairman

                                                                                               

Cllr N Heyworth                        Cllr B Ratcliffe

Cllr T Leech                              Cllr M Renders

Cllr C Mott                                 Cllr T Southcott

Cllr D Moyse                             Cllr J Spettigue                                                                       

                                                   

Head of Development Management (JH)

Planning Officer (NG)

Monitoring Officer (DF)

Democratic Services Officer (KH)  

 

 

 

*DM&L.21     APOLOGIES FOR ABSENCE

No apologies were received

                    

 

*DM&L.22     DECLARATION OF INTEREST

Members and officers were invited to declareany interests in the items of business to be considered during the course of this meeting. Cllr Yelland declared an interest in application 2844/22/FUL as she was related to the applicant and left the room when this item was discussed and voted on. In the interest of transparency she stated that she had received correspondence from both a supporter and an objector in regard to application 2603/22/FUL and had been forwarded to the Planning Officer in line with the Code of Conduct.

As the applicant of application 2603/22/FUL was West Devon Borough Council the Monitoring Officer granted the Committee Members a dispensation so as to allow them to look at this application.

 

 

*DM&L.23     URGENT BUSINESS

                      There was no urgent business brought forward to this meeting.

 

 

*DM&L.24     CONFIRMATION OF MINUTES

The minutes from the Licensing Sub-Committee from 23 August had a typo and a word was missed from one of the objectors’ statements. The amended version was signed as a true copy.

 

*DM&L.25     PLANNING, LISTED BUILDING, TREE PRESERVATION ORDER AND ENFORCEMENT REPORTS

                     The Committee proceeded to consider the report that had been prepared by the relevant Development Management Specialists on each of the following Applications and considered also the comments of the Town and Parish Councils together with other representations received, which were listed within the presented agenda report and summarised below:

  

(a)  Application No: 2844/22/FUL                Ward: Okehampton

                                                                 South

 

                            Site Address:  2, Crediton Road, Okehampton 

 

                            Development: Alterations to roof structure & associated works

 

                            Recommendation: Conditional Approval

                           

                            Conditions:

1.    Standard time limit

2.    Adhere to plans

3.    Adhere to ecology Report

4.    Installation of bat and bird box on completion of development

5.    Details of fibre cement slates to be submitted and agreed in writing with LPA

6.    Details of proposed Upvc windows to be submitted and agreed in writing by LPA

 

 

                             The Planning Officer took members through the report and stated

                             That the key issues were:

 

·         Visual impact on the setting of the conversation area (site within CA buffer-zone)

·         The site is not Listed nor within the setting of a Listed Building

·         Neighbour Amenity

·         Design & Materials

·         Environmental Hazards

·         Ecology

 

                            Since the publishing of the officer’s report the agent had submitted

                            details of the colour and type of roofing tile and these were

                            acceptable and in keeping with the conservation area, therefore

                            condition 5 in the report was no longer required. In debate Members

                            commented on the positives of bringing the building back into use.

                  

                            Committee Decision: Conditional Approval

 

                            Conditions:    

                            1. Standard time limit

                            2. Adherence to plans

                            3. Adherence to Ecology Report

                            4. Installation of bat and bird box on completion of development

                            5. Details of proposed Upvc windows to be submitted and agreed

                                in writing by LPA

                                 

                      

 

(b)  Application No: 2603/22/FUL                Ward: Tavistock North

 

Site Address: West Devon Borough Council

 

Development: Erection of 3 flagpoles 8 meters high to replace

                         Single 8 meter high flagpole

 

Recommendation: Conditional Approval

 

Conditions:

1.    Time

2.    Accordance with plans

3.    Carbon reduction implementations

 

Speakers

 

Objector: Hilary Moule

Supporter: Chris Brooks

 

 

                           The Planning Officer made a correction to the report stating that

                           reference was made to a Neighbourhood Plan for Tavistock when

                           in fact there was no adopted Neighbourhood Plan. There were also

                           additional representation received. The new points raised were

                           summarised as follows:

·         Concerns remain that this represents a waste of taxpayers money.

·         The proposal is not considered to meet aims regarding carbon reduction (particularly the use of fibreglass).

·         Loss of the foliage mentioned by officers and residents that

screens the proposal has died back over the past 6 months however the site is still described as not visible from the road or nearest houses.

·         A number of Councillors were contacted about concerns and did not respond.

·         The report concludes the impact on residents would not be significant but this is refuted by the objector who believes the noise impact from apparatus associated with the flagpole will be ‘considerable’ for the nearest residents.

 

 

                            During questions the Planning Officer stated the cost of the

                            flagpoles was not a material planning reason.

 

                            The objector stated she lived 20 meters from the proposed site

                            for the flagpoles. She noted the wildlife report was missing from the

                            officers report. There are two species of owl and bats in the vicinity

                            and this could have an effect on them.

                            She stated the amenity loss would be significant to her with noise

                            and disturbance.

                            She mention there was two flagpoles in town and a redundant one

                            on the corner of Quant Park and asked why more were needed.

                            The existing flagpole is currently buffered by trees, however the

                            site of the proposed ones has no significant trees. The production

                            of fibreglass is toxic and environmentally unfriendly. The 12

                            representations to oppose the application sited the abuse of

                            taxpayers money. No Officer or Councillor had questioned the

                            finances used to prepare this let along the implementation.

 

 

                           The supporter explained the community and civic role of the

                           council. The Union flag is important to have flying outside the

                           council offices. He stated that when the flag was lowered to show

                           solidarity with Ukraine the authority received strong representation

                           asking why the Union flag was not flying. He explained to Members

                           the strict rules of flying flags and that if two flags were

                           to be flown together you would be showing supremacy to the

                           flag on the top. Having three flagpoles would mean the council

                           could represent its communities and make statements where

                           appropriate. There were constraints as where to site the flagpoles.

                           A rubber weight would be used at the top of the flagpole to stop

                           the noise from the halyard. The existing flagpole would be removed.

 

                           A Member asked why it was not brought before the Hub Committee,

                           in the past Members are normally consulted. The Monitoring Officer

                           said is was right for the Member to raise the question but is was a

                           matter to be dealt with elsewhere and outside of the Development

                           Management Committee. The supporter explained the choice of

                           fibreglass poles was due to them being lighter and more slender

                           than a wooden flagpole, giving an easier installation. He explained

                           the constraints on site meant the proposed position was the best

                           compromise.

 

                           The Head of Development Management confirmed there was a

                           report completed on the trees and the impact of the development

                           and in the report no concerns were raised on the impact on wildlife.

 

                           In debate Members raised concerns over sound pollution. The

                           Head of Development Management confirmed noise was a planning

                           consideration under DEV1 of the Joint Local Plan. The Monitoring

                           Officer explained to Members that whilst noise nuisance was a

                           matter of planning judgement there had to be evidence to back it up.

 

                           The cost of ongoing maintenance of three flagpoles was raised. A

                           Member raised concerns of the siting of the flagpoles. The

                           position of the proposed flagpoles on the end of the turning bay

                           of the car park where commercial vehicles turn was less than one

                           meter from the kerbstone where vehicles can turn. The Member

                           felt this was a major health and safety concern should a vehicle hit

                           one of the flagpoles and  it  was to shatter with the possibility of

                           pedestrians walking along the footpath behind being hit by

                           fibreglass.

                                      

                          

 

Committee Decision: Refusal

The proposal will have harmful effects and an unacceptable impact on the amenity of local residents by reason of noise disturbance and pollution arising from the apparatus associated with the flying of flags from the proposed flagpoles contrary to Policies DEV1 and DEV 2 (1) of the Joint Local Plan.

 

                         

*DM&L.26    PLANNING APPEALS UPDATE

                        The Head of Development Management, relayed to Members that application 1355/19/FUL, 10 Ford Street, Tavistock was upheld and consent was granted for 6 flats but costs were refused. The inspector had deemed the Committee had acted in a correct way.

                      The S106 on Application 0723/21/FUL for 44 residential dwellings and outline planning for commercial land at Plymouth Road, Tavistock had been delayed due to the landowner having passed away.

 

 

*DM&L.27    UPDATE ON UNDETERMINED MAJOR APPLICATIONS

                        The Monitoring Officer explained to Members that once the S106 is signed in regard to Application 3652/20/FUL land at Plymouth Road, Tavistock, there would be a briefing to Members of the DM&L Committee and Ward Members. The Head of Development Management informed Members that there was a meeting with the applicant  that day in regard to application 4004/21/FUL Former Hazeldon Preparatory School, Tavistock. The application would still be recommended for refusal.

 

                     

 

(The Meeting terminated at 11.45 am)

 

______________________

Chairman