Minutes of a meeting of the WEST DEVON DEVELOPMENT MANAGEMENT & LICENSING COMMITTEE held on TUESDAY the21st day of November 2023 at 10.00am in the COUNCIL CHAMBER, KILWORTHY PARK
Present Cllr R Cheadle – Chairman
Cllr T Southcott – Vice-Chairman
Cllr A Cunningham Cllr N Jory
Cllr M Ewings Cllr U Mann
Cllr S Guthrie Cllr J Moody
Cllr P Kimber Cllr S Wakeham
Head of Development Management (JH)
Senior Planning Officers (HE and DS)
Monitoring Officer and Head of Legal Services (DF)
Senior Democratic Services Officer (KH)
*DM&L.29 APOLOGIES FOR ABSENCE
Apologies were received from Cllr Leech and Cllr Mott for who Cllr Kimber substituted.
*DM&L.30 DECLARATION OF INTEREST
There were no declarations of interests.
*DM&L.31 URGENT BUSINESS
There was no urgent business brought forward to this meeting.
*DM&L.32 CONFIRMATION OF MINUTES
The minutes from the Committee meeting held on 31 October 2023 were deferred as a Member felt they did not reflect why the Committee went against the Officer recommendation on application 0466/23/FUL. They will be amended and brought back to the next Committee meeting.
*DM&L.33 PLANNING, LISTED BUILDING, TREE PRESERVATION ORDER AND ENFORCEMENT REPORTS
The Committee proceeded to consider the reports and presentations that had been prepared by the relevant Planning Officers on the following applications and also considered the comments of the Parish Councils together with other representations received, which were listed within the presented agenda report and summarised below:
(a) Application No. 0604/23/FUL Ward: Bridestowe
Site Address: Land at SX 460 975, Metherell Cross, Patchacott
Development: Construction of a temporary agricultural
workers supervisory dwelling (resubmission of 2874/22/OPA)
Recommendation: Conditional Approval
Conditions
1. Time limit
2. Accord with plans
3. Agricultural tie
4. Temporary 3 year period
5. PD limitations
6. No external lighting
7. Details of elevations
8. Landscaping Scheme
Key issues for Committee consideration:
· Development in the countryside, landscape impact and agricultural need.
The Planning Officer gave a presentation to the Committee
Members.
A Member raised the lack of details in the type of building proposed
in the application. The Planning Officer agreed it was unusual but
to bear in mind from the applicant’s point of view, that they may be
looking to purchase an existing building being used elsewhere.
They could not guarantee purchasing that building until they had
planning permission granted. He added that conditions could be
added should Members grant permission.
Another Member asked about what would happen at the end of the
3 years of a temporary permission. The Planning Officer indicated
that the need for a permanent dwelling would have to be proven or
further years as a temporary dwelling may be considered if sufficient
evidence was not available at the end of 3 years.
It would be necessary to show the business was viable, with full
financial records of the business operation. The Planning Officer
confirmed that the building would be of a modular portacabin
structure.
Members requested an additional condition of drainage.
A Member asked for clarity on policy TTV26 and the agricultural
appraisal related to the need for the dwelling. Queries were raised
about the fact that the Parish Council had raised a point that it was
not a dairy herd and therefore there was not a need for 24 hour
presence on site. It was confirmed that the appraisal covered all
animal husbandry and confirmed there was a need for 24 hour
presence on site. The conclusion was also based on the
construction and occupation of the second agricultural building
recently granted permission (0593/23/FUL).
As a registered speaker, Mr Heywood, the agent for the applicant
confirmed it would be a timber clad modular building. He stated
there would be 80 calves in the new calf building at any one time,
with 300 calves going through in a year. He stated that the future
occupiers of the proposed temporary accommodation would reduce
other elements in their working lives to allow them to push the
business forward, after being challenged that the proposed
occupiers have other full-time jobs.
A statement read out on behalf of Beaworthy Parish Council stated
that the future occupants are in full time employment but not in
farming and lived a couple of miles from the site at Patchacott.
The Planning Officer commented on the fact that it is for the farming
enterprise to decide who is a suitable person to reside on site in the
property. It could be a stockman brought in for the first three years
as the business is establishing.
In debate a Member felt there was a lot of detail missing within the
application. They also had concerns on the site levels and drainage.
The proposed accommodation would be downhill from the
agricultural buildings and could have run off from the other buildings
on site.
Committee Decision: Conditional Approval, subject to the
addition of conditions relating to;
· Construction and design details
· Climate change measures
· Surface and foul drainage details
· Levels
These conditions to be agreed by the Head of Development
Management; the Chair and Vice Chair of the Development
Management and Licensing Committee.
(b) Application No. 2110/23/FUL Ward: Bridestowe
Site Address: Wooda Farm, Lewdown EX20 4PL
Development: Proposed roof over replacement slurry store (resubmission of 1621/23/FUL)
Recommendation: Conditional Approval
The Planning Officer explained that this application was brought
to Committee due to it being an application of a West Devon
Councillor. The application was to comply with the Government’s
Clean Air Strategy 2019, which requires all digestive stores in England
to have a cover by 2027.
Conditions:
1. Time
2. Plans
3. Planting
4. Drainage
Key issues for consideration:
· Principle of development, design/landscape, neighbouring amenity, highways, drainage and low carbon development.
A Member stated it was a development that met the need in the
countryside.
There was no debate on the application.
Committee decision: Conditional Approval
*DM&L.34 PLANNING APPEALS UPDATE
The Head of Development Management took Members through an appeal that was upheld on a tree application at Castle Road, Okehampton. The application to reduce the crown height by 0.5m was originally refused, however the appeal was upheld and conditionally approved as the Inspector felt it did not impact the character and appearance of the area.
*DM&L.35 UPDATE ON UNDETERMINED MAJOR APPLICATIONS
The Head of Planning made comment on the application at the wool grading centre at North Tawton. This application has been ongoing since 2019. She explained that the application did not propose any affordable housing and there was an outstanding objection from the Environment Agency. The LPA would look to discuss withdrawal of the application with the applicant.
(The Meeting ended at 11.00am)
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Chairman