Agenda and minutes

*DM&L 20    

 Apologies were received from Cllr M Renders.

Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting.

[If Councillors have any questions relating to predetermination, bias or interests in items on this Agenda, then please contact the Monitoring Officer in advance of the meeting]        

*DM&L 21        

Members were invited to declare any interests in the items of business to be considered and the following were made:

Cllr T G Pearce declared a personal interest in all applications by virtue of being a Member of the Devon Building Control Partnership, also as having received a letter from one of the objectors for application 0629/20/ARM.  He remained in the meeting and took part in the debate and vote on the item; and

Cllr Yelland also declared a personal interest in application 1726/20/ARM by virtue of being a Member of Okehampton Town Council.  For clarity, Cllr Yelland informed that she abstained from the vote on the application when it was brought to the Town Council meeting. In addition, Cllr Yelland declared a personal interest in application 0269/20/ARM by virtue of having received a letter from one of the objectors.

To consider those items which, in the opinion of the Chairman, should be considered by the Meeting as matters of urgency (if any). 

*DM&L 22    

There was no urgent business brought forward to this meeting.

Meeting held on 29 September 2020

*DM&L 23        

The Minutes of the Development Management and Licensing Committee Meeting held on 29 September 2020 were confirmed as a correct record.

To see Letters of Representation and further supplementary information relating to any of the planning applications on the agenda, please select the following link and enter the relevant Reference number: http://westdevon.gov.uk/searchlanding

WARD NAME                                                  Okehampton North                          

APPLICATION NUMBER                                  1726/20/ARM

LOCATION                                                      Land to East of Crediton Road", North of Kellands Lane, Okehampton

DEVELOPMENT                                              READVERTISEMENT (Revised Plans Uploaded) Approval of reserved matters

WARD NAME                                                  Hatherleigh   

APPLICATION NUMBER                                  0629/20/ARM

LOCATION                                                      "Biddicombe", 31 Park Road, Hatherleigh, EX20 3JS

DEVELOPMENT                                              Approval of reserved matters

following outline approval reference 1635/18/OPA

*DM&L 24        

The Committee proceeded to consider the applications that had been prepared by the Development Management Specialists 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, and RESOLVED that:

(a)           Application No: 1726/20/FUL                Ward: Okehampton North                                                 

              Site Address: Land to East of Crediton Road, North of Kellands

                                      Lane, Okehampton

              READVERTISMENT (Revised Plans Uploaded) Approval of reserved

              matters.

Speakers included:

Supporter (Agent) – Ben Jobson

Local Ward Member- Cllr Tony Leech

RECOMMENDATION: Delegated Authority to Head of Development Management to approve the application, subject to completion of acceptable Deed of Variation to the S106 Agreement and resolution of the outstanding issues identified in the open space, sport and                     recreation and landscape Sections of this report. If the deed of variation                    is not completed or substantial progress is not made within 6 months of                     this resolution authority is granted to the Head of Development Management to refuse the application in consultation with the Chair of Committee and Ward Members.

During discussion, concern was raised about the play area being close to the link road.  It was confirmed that there was a tree belt but also the play area would be set down slightly to prevent access to the road.  Flood risk was also raised as a cause of concern and the officer assured Members that issues had been satisfactorily addressed.

The Highways Officer confirmed the speed limit would be 30mph and, in replying to a Member, stated that a 20mph would not be suitable as it formed the function of a link road and feeder road.

It was confirmed that the only change proposed to the Section 106 Agreement was the route of the link road.

              COMMITTEE DECISION: Delegated Authority to Head of Development

               Management to approve with the following conditions:

1.      Standard Reserved Matters time limit;

2.      Adherence to plans including revised Flood Risk Assessment (FRA);

3.      Render colours as submitted and biocide treatment unless otherwise agreed in writing by LPA;

4.      Adherence to Tree and Hedge Protection plan contained in 0931-AMS-AE Sept 2020;

5.      Trigger for landscape scheme implementation and replacement if necessary for 5 years;

6.      Private Electric Vehicle Charging Points (EVCP) implementation in all units with on-plot parking;

7.      4 parking spaces provided and serviced with the below ground cabling and capacity infrastructure to provide 4 fast public charge points;

8.      Prior to the occupation of the 110^th dwelling to provide a management and operation plan to the LPA for the public fast charge EV points;

9.      Bricks for facing on boundary wall shall be lbstock multi;

10.   Notwithstanding the Permitted developer order, no additional windows in SW elevations on plots 220,216, 215 and 182;

11.   SW windows of 215 to be obscure glazed to w/c and bathroom, 216 ground floor w/c to be obscure glazed; and

12.   Details of a development specific ‘Biodiversity Residents Pack’ and a copy of this to be made available to  ...  view the full minutes text for item *DM&L .24

  DM&L25    

Cllr Jory introduced the report and explained that concerns had been raised following the decision to grant outline planning permission at Plymouth Road Tavistock (Application Ref: 3654/18/OPA).  As a result, he had commissioned a review and that a report be brought forward of findings by one of the Council’s Senior Legal Specialists.                                                           

Cllr Mott, as Lead Member for the Environment, introduced the Council’s Senior Legal Specialist who took Members through his findings.  Before doing so, he advised the Committee that, following receipt of a solicitor’s letter from a third party concerning the report, he would be asking the Committee at the end of his introduction to resolve to exclude the press and public so that he could give the Committee legal advice.

Planning permission for 250 dwellings and 2 hectares of commercial B1 use was granted in June 2020 subject to conditions.  In particular, condition 37 had required the parties with an interest to the land to enter into a planning agreement prior to the start of the development.  The decision was taken under delegated powers by officers.

Concerns had since been raised as to the Council’s Scheme of Delegation to Officer and the deliverability of the Employment land and proposed Section 106 contributions to education.

The officers advised that his review recommendations were grouped under four headings:

·      Giving Members more information about planning applications;

·      Ensuring that decisions on planning applications are taken on a sound basis;

·      Making the Council’s decision-making arrangements clearer and more accountable; and

·      Encouraging proactive and constructive working with the Town and Parish Council’s on planning applications

At the conclusion of the Senior Legal Specialist’s introduction it was PROPOSED and SECONDED (and when put to the vote declared CARRIED) that:

To enable the Committee to receive legal advice, it was “RESOLVED that, in accordance with Section 100(A)(4) of the Local Government Act 1972, the public and press be excluded from the meeting during consideration of the following item of business as the likely disclosure of exempt information as defined in paragraph 3 of Schedule 12A to the Act is involved.”

Following receipt of the legal advice and once Members had been given the opportunity to ask questions on this advice, it was then PROPOSED and SECONDED (and when put to the vote declared CARRIED) that the public and press be re-admitted to the meeting.

The Senior Legal Specialist then explained that, in light of the legal advice that he had just given, a revised set of recommendations were to be tabled.

These were that the Committee:

·             notes the findings and conclusions of the Review of the process followed in connection with Planning Application 3614/08/OPA – Land at SX482425 Plymouth Road, Tavistock;

·             does not make a decision at this time in respect of the recommendations in paragraph 5.3 of Appendix B to this report other than to agree to receive a further report at the Committee’s next meeting.

·             agrees the recommendations made by the Review and which are set out  ...  view the full minutes text for item *DM&L .25

*DM&L26  

The Head of Development Management took Members through the latest Planning Performance Indicators. It was stated that pre-applications were being dealt with more efficiently as one officer was dedicated to dealing with them on a full-time basis.

*DM&L27  

The Head of Development Management updated the Members on the outstanding planning appeals.