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)

 

______________________

Chairman