Agenda and minutes

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 34      

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

Cllrs Mott, Sanders and Yelland all declared a personal interest in application 3441/17/OPA:  Outline application with some matters reserved for the construction of 23 dwellings, associated car parking, access and estate road, private amenity space and public open space - Proposed development site at SX573976, Folly Gate, by virtue of each knowing one of the objectors.  They each remained in the room and took part in the debate and vote thereon;

Cllr Mott also declared a personal interest in application 1667/18/FUL:  Erection of 3no. cottages – Land rear of London Inn, 22 West Street, Okehampton, by virtue of a close family member owning a property that overlooked the application site.  She remained in the room and took part in the debate and vote thereon;

Cllr T G Pearce declared a personal interest in all applications by virtue of being a Member of the Devon Building Control Partnership.  He remained in the meeting and took part in the debate and vote on the item.

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 35      

The Chairman advised that application 3194/18/FUL:  Erection of two storey residential dwelling with associated parking – Axtown Lodge, Green Lane, Yelverton, had been withdrawn and therefore would not be presented to the Committee.

Meeting held on 11 December 2018

*DM&L 36      

The Minutes of the Development Management and Licensing Committee Meeting held on 11 December 2018 were confirmed and signed by the Chairman 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                         Drewsteignton

APPLICATION NUMBER         2701/18/FUL

LOCATION                              Land North of A30 Junction, Whiddon Down

DEVELOPMENT                      Development of new shop and ancillary cafe with supporting secondary areas consisting of storage, WCs, offices and kitchen space (resubmission of 1255/18/FUL)

APPLICANT                             JW Mann Ltd

WARD NAME                         Tavistock South West

APPLICATION NUMBER         2780/18/ARM

LOCATION                              Land Adjacent To Callington Road, Tavistock

LOCATION                              Application for approval of reserved matters for details of appearance, landscaping, layout and scale for residential development comprising 157no. dwellings with associated landscaping and drainage infrastructure following outline approval 00554/2013

APPLICANT                             Bovis Homes Ltd

WARD NAME                         Okehampton North

APPLICATION NUMBER         3441/17/OPA

LOCATION                              Proposed development site at SX573976, Folly Gate

DEVELOPMENT                      Outline application with some matters reserved for the construction of 23 dwellings, associated car parking, access and estate road, private amenity space and public open space

APPLICANT                             K Hawkins-Sampson

WARD NAME                         Buckland Monachorum

APPLICATION NUMBER         3194/18/FUL

LOCATION                              Axtown Lodge, Green Lane, Yelverton

DEVELOPMENT                      Erection of two storey residential dwelling with associated parking

APPLICANT                             Mr G Liesching

WARD NAME                         Okehampton North

APPLICATION NUMBER         1667/18/FUL

LOCATION                              Land rear of London Inn, 22 West Street, Okehampton

DEVELOPMENT                      Erection of 3no. cottages

APPLICANT                             Hayrish Ltd

WARD NAME                         Tavistock North

APPLICATION NUMBER         1738/18/HHO

LOCATION                              The Leaze, 7 Kilworthy Hill, Tavistock

DEVELOPMENT                      Householder application for erection of wooden trellis and pergola

APPLICANT                             Ms J Flatman

*DM&L 37      

Prior to the applications being presented to the Committee, the Lead Officer advised that, in relation to all the applications being presented, the officer reports had been reviewed in light of the amended National Planning Policy Framework (NPPF) published on 19 February 2019.  Any necessary updates to the reports in light of the 2019 NPPF would be given as verbal updates as part of each presentation, and the quoted references within the report to the NPPF should now read as 2019 NPPF.

The Committee then considered the applications prepared by the Development Management Specialists and considered also the comments of Town and Parish Councils together with other representations received, which were listed within the presented agenda reports and summarised below, and RESOLVED:

(a)     Application No:  2701/18/FUL Ward: Drewsteignton

Site Address: Land North of A30 Junction, Whiddon Down

Development of new shop and ancillary café with supporting secondary areas consisting of storage, WCs, offices and kitchen space (resubmission of 1255/18/FUL)

Case Officer Update:  References in the report to the NPPF should read as NPPF 2019                   

Speakers included:              Objector – Mrs Catherine Gillard:  Parish Council:  Cllr Graham Hester:  Supporter – Mr Jack Mann: local Ward Member – Cllr Ridgers

RECOMMENDATION:      Conditional Approval

Members discussed in detail whether the proposal size was actually net or gross area for retail.  There was a sense that the application was vague in terms of the specific areas within the site and their related sizes.  Some Members were concerned that the proposal would not support the local economy and, potentially, could harm existing businesses in the area.  There were further discussions relating to whether a condition seeking to restrict the goods for sale in terms of ensuring they were locally sourced was enforceable.  In respect of comments that the application had changed, the Lead Officer confirmed that the application had not changed, but that the use of the word ‘farm’ had been removed as it was the view of officers that the term was misleading as there was no direct link from the proposal to a farm.  Finally, Members raised concerns over the possibly detrimental impact on biodiversity.

COMMITTEE DECISION:          Refusal

Reasons:

1. This proposal is for an unrestricted retail use on a site in open countryside unrelated to a settlement, or to an existing agricultural or horticultural business. By virtue of its size, location and range of goods it has the potential to harm existing villages by diversion of trade and the applicant has not demonstrated the absence of harm by means of a retail impact assessment. This is contrary to Policies DEV15, DEV16, TTV31, SPT6 and saved policy ED20 and the guidance of the NPPF.

2. In light of the failure of the proposal to satisfy the Local Planning Authority that there is an imperitive reason of over-riding public interest as such it fails the first derogation test. Thus the proposal is contrary to policy DEV28 of the JLP, SP19 of the Core Strategy and the guidance of the  ...  view the full minutes text for item *DM&L.37

*DM&L 38      

The Committee received and noted the updated list of Planning Appeals including Enforcement Appeals.  .