Agenda and draft minutes

West Devon Development Management and Licensing Committee - Tuesday, 27th February, 2024 10.00 am

Venue: Chamber - Kilworthy Park

Contact: Kathy Hoare - Democratic Services Specialist 

Items
No. Item

*DM&L .43/23

Apologies for Absence

Minutes:

*DM&L.43    

Apologies were received from Cllr T Leech, Cllr S Guthrie and U Mann.  It was noted that Cllr M Ewings substituted for Cllr U Mann

*DM&L .44/23

Declarations of Interest

In accordance with the Code of Conduct, Members are invited to declare any Disclosable Pecuniary Interests, Other Registerable Interests and Non-Registerable Interests including the nature and extent of such interests they may have in any items to be considered at this meeting;

Minutes:

*DM&L.44     

There were no declarations of interests.

 

*DM&L .45/23

Items Requiring Urgent Attention

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

 

Minutes:

*DM&L.45     

 There was no urgent business brought forward to this meeting

*DM&L .46/23

Confirmation of Minutes pdf icon PDF 313 KB

Meeting held on 12 December 2023 and the minutes of the Sub Licensing Committee held on 6 February 2024

Additional documents:

Minutes:

*DM&L.46     

The Minutes from the Development Management and Licencing Committee meeting held on 12 December 2023 were agreed as a true and correct record. The minutes from the Licensing Sub Committee meeting held on 6 February 2024 were agreed as a true and correct record.

 

*DM&L .47/23

Planning Applications pdf icon PDF 467 KB

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: https://apps.westdevon.gov.uk//PlanningSearchMVC/

 

 

 

Additional documents:

Minutes:

*DM&L.47                         

The Committee proceeded to consider the reports and presentations that had been prepared by the relevant Planning Officer 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.   2215/22/FUL             Ward: Bere Ferrers

 

Site Address: Land North of B3257, Bere Alston, Yelverton

 

      Development: Readvertisement (revised plans & documents)

                           Erection of community convenience retail store (Co-op)

                           access, vehicle parking & landscaping.

 

The Principal Planning Officer gave a presentation to the Members. He had clarification that the proposed opening times were 7am to10pm, not 6am to 11pm as stated in the report.

An amended lighting plan had been supplied showing the impact of hedging to the site boundaries. This indicated that light would not spill into Highfield’s garden and impact upon residential amenity in this way.

The reason for refusal was thus amended to delete the reference to light impact.

 

He referred to SPT6(3) in the Joint local Plan (JLP) which sets out that:

For the Thriving Towns and Villages Policy Area:

 

i.             The town centres of the Main Towns – primarily main food/convenience shopping and other retail and services as appropriate to the role of the centre.

ii.            Retail and community centres of the smaller towns and larger villages –primarily to top-up food shopping and local services

 

Reference was also made to DEV16(3) which sets out that any proposal which would have a significant adverse impact on the vitality and viability of an existing centre would not be permitted.

Policy Dev16 (in the JLP) states that any development outside the settlement area that has a significant adverse impact on the investment and vitality on and investment in an existing centre would not be acceptable.

Any permission granted would be for a convenience store and not specific to a Co-op store.

The council’s retail consultant stated that no evidence has been shown that there is sufficient local expenditure to support both a larger Co-op store and the remaining stores in the centre.

The proposed store was significantly smaller than those in the nearby town of Tavistock and that questioned whether shoppers would change their shopping patterns and no longer rely on shopping outside the  catchment should the application be approved.

      

 

Recommendation: Refusal

 

Key issues for Committee consideration:

Principle of development/sustainability, Retail considerations: sequential test and retail impact, impact upon natural  environment, highways/access, sustainable location, neighbour amenity, impact upon historic environment, land contamination, biodiversity, drainage, low carbon development, crime and anti-social behaviour

 

The Principal Planner said in his view the edge of the settlement boundary would be the houses to the west of the proposed site.

 

A Member questioned if policy SPT1 and SPT2 could be met on this application by virtue of business growth and enabling a sustainable local community with a mix of local services along with a vibrant mixed-use centre. The Principal Planner responded by  stating his concern was on the overall impact of the proposal on the  ...  view the full minutes text for item *DM&L .47/23

*DM&L .48/23

Planning Appeals Update pdf icon PDF 107 KB

Minutes:

*DM&L.48    

 The Head of Planning took Members through the appeal on Collaven Manor, Sourton for an oak framed gym and annex outbuilding within the setting of a Listed Building. It was refused for being a harm on the setting of a Listed Building. The appeal was dismissed.

A householder application for the Old Rectory at Bratton Clovelly for a garage and loft to a 2-storey assisted dwelling went to appeal due to non-determination. The Officer wrote a report which recommended refusal. The appeal was dismissed. The Old Mill site, Okehampton, had  an application to demolish some derelict buildings on the site. The chimney is listed and the buildings were within the curtilage of the listed chimney. Within the application the buildings were described as A,B,C & D. The inspector concluded a spilt decision. The Inspector allowed for demolition of building D but not for buildings A,B & C. He felt that building D was in a bad structural state.

 

*DM&L .49/23

Update on Undetermined Major Applications pdf icon PDF 198 KB

Minutes:

*DM&L.49    

The Chairman stated that the application on Hazledon was due to come to that Committee meeting, however the applicant wanted to provide more information so asked for more time.