Minutes of a meeting of the WEST DEVON DEVELOPMENT MANAGEMENT & LICENSING COMMITTEE held on TUESDAY the12th day of December 2023 at 10.00am in the COUNCIL CHAMBER, KILWORTHY PARK

Present         Cllr R Cheadle – Chairman

Cllr T Southcott – Vice-Chairman

Cllr A Cunningham                Cllr J Moody

                              Cllr S Guthrie                        Cllr C Mott

Cllr P Kimber                        Cllr S Wakeham

Cllr U Mann                        

Head of Development Management (JH)

Senior Planning Officer (BRH)

Environmental Health Officer (JW)

Senior Democratic Services Officer (KH)  

*DM&L.36     APOLOGIES FOR ABSENCE

Apologies were received from Cllr Leech and Cllr Jory for who Cllr Kimber substituted.

*DM&L.37     DECLARATION OF INTEREST

There were no declarations of interests.

*DM&L.38     URGENT BUSINESS

                      There was no urgent business brought forward to this meeting.

*DM&L.39     CONFIRMATION OF MINUTES

The updated minutes from the Committee meeting held on 31 October 2023, the minutes from the Committee meeting held on 21 November and the minutes from the Licensing Sub-Committee meeting held on 24 October were agreed as a true and correct record.

*DM&L.40     PLANNING, LISTED BUILDING, TREE PRESERVATION ORDER AND ENFORCEMENT REPORTS

The Committee proceeded to consider the report and presentation that had been prepared by the relevant Planning Officer on the following application 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.  1769 /23/FUL         Ward: Buckland Monachorum

Site Address: Uphill, Yelverton PL20 6DF

                           Development: Use of walled garden for weddings, workshops

                           & food events, construction of four ancillary buildings within

                           the walled garden, use of part of adjacent barn for wedding

                           ceremonies & construction of external staircase to barn (part

                           retrospective) (resubmission of 2992/22/FUL)

                           Recommendation: Conditional Approval

                          Conditions

1. Standard time limit

2. Accord with plans

3. Use (weddings, workshops & food events)

4. Walled garden (catering)

5. Tie to Listed Building

6. Number of events

7. Time of events – to protect the barn owls and amenity of neighbours

8. Number of guests

9. Sustainable travel plan

10. Lighting plan

11. Noise management plan

12. Amplified music

13. Ecological appraisal

14. Existing nesting site (prior to commencement)

15. New nesting site (prior to commencement)

16. Barn owl monitoring

17.Remove when no longer required

Key issues for Committee consideration:

· Locality (countryside)

· Heritage (Listed Building)

· Landscape

· Ecology (barn owl)

· Amenity (noise and lighting)

· Highways and access

                    The Planning Officer gave a presentation to the Members on the

                    application. The business plan submitted showed up to 15 courses per

                    calendar year. Up to 10 Day/evening events per calendar year, up to 20

                    small events/elopement weddings per year and up to 10 late finish

                    events per calendar year. 16 letters of representation were received in

                    support and 16 against the application.

                    In response to a Member question the Planning Officer stated that the

                    associated Listed Building application was not being heard at Committee

                    as it related to minor works to the barn and no objections had been

                    received. It was confirmed that the glass house would also be used as

                    a gardening space.

                   The Environmental Health Officer stated that the noise heard

                    from the boundary of the site would be ambient and blend into the

                    background.

                    She stated that it would be for the owner to demonstrate they are

                    complying with the noise levels. A noise management plan had been

                    received from the applicant. A noise limiter was to be used to cut back

                    any music being played too loudly. If the noise levels were too high and

                    complaints received, it would be dealt with by Environmental Health

                    Officer and in some circumstances a Noise Abatement Notice could be

                    considered. She said those to the south of the site would be less likely

                    to hear noise as most of the winds are from the south or southwest. She

                    said measurements are not taken for any particular planning  

                    applications, however, they are aware that most noise in the countryside

                    is recorded at around 25 decibels.

                    The Planning Officer explained that sound proofing in the barn along

                    with provision of a new barn owl box, monitoring and a guest exclusion

                    zone meant the barn owl currently living in the barn would be protected.

                    In terms of heritage assets, there is a phased schedule of repairs

                    to the buildings. With regard to Policy TTV26, Development in the

                    Countryside, the Planning Officer explained whilst the policy would not

                    wholly support the proposal, there were heritage and economic benefits,

                    which weighed in favour of the proposal.

Speakers

      Murray Ross - Objector

                          Christopher Hayes – Supporter/Applicant   

                     Mr Ross spoke on behalf of a neighbouring resident. He stated that

                     the site had been operating for almost 24 months as a wedding venue

                     without planning permission and had demonstrated to have had

                     an impact on residential amenity by way of noise and disturbance. He

                     stated the residents were unable to sit in their gardens during events at

                     the site due to the noise. The residents had commissioned their own

                     noise assessment which had been submitted to the Council. He made

                     comment to the traffic impact stating the nearest bus stop was ¾ mile

                     away, with the last bus to Plymouth leaving at 10pm. Guests using the

                     bus would need to leave and walk a dark unlit county lane with no

                     footway. He stated the venue was in an unsustainable countryside

                     location within an Area of Outstanding Natural Beauty, where tranquillity

                     and dark skies are to be protected.

                     The applicant stated he had been running the venue for three years,

                     holding up to 7 events each year. At pre-application, a Planning Officer,

                     Police Licencing Officer, Environmental Health Officer and Heritage

                     Specialist were present and all were consulted throughout the process

                     of the application. There would be 20 events with provision of amplified

                     music, 10.00- midnight and 10.00- 22.00 hours. Not all would be

                     weddings, some would be feasting nights with long tables and feasting

                     platters.

                     A system would be installed to give the applicant full control over the

                     music being played at the events.

                     Local amenity had been at the forefront of considerations when starting

                     the application process and feedback was sought on improvements.

                     This resulted in not allowing certain types of music and putting up more

                     signage to ensure guests found the venue. This led to the nearest

                     neighbour to the site being at the meeting in support of the application.

                     As a young family they prided themselves in using locally produced

                     produce. Staff employed were all from the local area.

                     One Member asked if there were plans for solar panels or electric

                    charging points in the future. The applicant responded by saying the

                    cost of charging points and the lack of 3 phase electricity locally meant

                    they weren’t looking to install any immediately. The barn would be the

                    only suitable source for installing solar panels and given the listed status

                    of the barn, there may be conflicting issues. The applicant confirmed that

                    the larger events would run between May to September. He stated a

                    zonal system is a targeted speaker system and sits above the dance

                    floor within a marquee. He stated that they would be employing staff on

                    an all year round basis.

                    He would be getting the sound equipment built once the

                    application was given consent. He commented that he was a qualified

                    noise assessor at work with HSE and he would be dealing with any

                    complaints through a complaints log. Liaising with Environmental Health

                    he would respond to any complaints.

                    The Development Management and Licensing Committee had most of

                    their issues addressed during the questioning of the presenters and as

                    such there was very little debate.

Committee Decision: Conditional Consent in line with the

                          Officer’s recommendation- Conditions as set out in the

                          Planning Officer’s report

*DM&L.41     PLANNING APPEALS UPDATE

The Head of Development Management took Members through the appeals that had been given decisions. Application 2391/22/HHO, a householder application for a rear extension at Southmoor, Thorndon Cross, with officer recommendation for refusal was upheld on appeal by the Inspector.

                      The Planning Officer had refused due to the effect on the character and appearance of the host building, the rural location and also due to the site being close to the Dartmoor National Park. The Inspector had concluded the only views of the extension would be from some distance away and didn’t feel the primacy of the host dwelling would be diminished. A Member felt the Inspectors decision should be questioned. The original application was refused due to size and scale. An application was presented for a smaller extension with this extra extension being proposed. The Parish Council had felt the Neighbourhood Plan had not been considered.

                     The Inspector agreed with the decision on Application 3844/22/FUL at Exbourne for the refusal of three dwellings. He felt the bulk and massing of the development would create a mass of development where there was none currently. It would also have a harmful effect on an oak tree with a tree preservation order on it.

                      Application 4242/21/FUL for a five-bedroom house in Highampton was dismissed on Appeal. It was submitted as being of outstanding architectural value under para. 80 (5) of the NPPF, being an unusual design with a fish hatchery under the building.

                      Application 1183/23/HHO for an extension to a converted barn at 2 Fowley Barns, Okehampton was upheld on appeal. The Inspector felt the extension would have a neutral effect on the character and appearance of the surrounding area.

*DM&L.42     UPDATE ON UNDETERMINED MAJOR APPLICATIONS

The Head of Planning stated that the applicant for application 2915/19/FUL, The Wool Grading Centre at North Tawton, was trying to resolve a flooding issue. The Planning Officer overseeing the case has given them until Christmas to submit additional information. If this is not received the Officer would be looking for a recommendation for refusal.   

                      Regarding application 4004/21/FUL, Former Hazeldon Preparatory School, Tavistock, information was awaited from the applicant by the Heritage Officer for works on Hazeldon House. He had been in conversation with the architect and plans are expected to be provided on the back of that conversation.

(The Meeting ended at 11.25 am)

______________________

Chairman