Agenda and draft minutes

South Hams Development Management Committee
Wednesday, 3rd February, 2021 10.00 am

Venue: Via Teams

Contact: Janice Young Specialist- Democratic Services 01803 861105 

No. Item


Minutes pdf icon PDF 134 KB

To approve as a correct record the minutes of the meeting of the Committee held on 6 January 2021;



The minutes of the meeting of the Committee held on 6th January 2021 were confirmed as a correct record by the Chairman. 



Declarations of Interest

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;



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


Cllrs R Rowe and B Taylor both declared a personal interest in application TPO/1018/T1 (Land adjacent to 4 Malborough Park, Malborough) as they were Members of the South Devon AONB Partnership Committee.  Both Members remained in the meeting and took part in the debate and vote thereon;



Public Participation

The Chairman to advise the Committee on any requests received from members of the public to address the meeting;



The Chairman noted the list of members of the public, and town and parish council representatives who had registered their wish to speak at the meeting.



Planning Applications pdf icon PDF 2 MB

To see Letters of Representation and further supplementary information relating to any of the Applications on the agenda, please select the following link and enter the relevant Planning Reference number:


Additional documents:



The Committee considered the details of the planning applications prepared by the Planning Case Officers as presented in the agenda papers, and considered also the comments of Town and Parish Councils, together with other representations received, which were listed within the presented agenda reports, and RESOLVED that:


6a)  TPO/1018/T1    Land adjacent to 4 Malborough Park, Malborough, TQ7 3SR

Parish:  Marlborough


Development:   Delegated authority request to confirm Tree Preservation Order (TPO: 1018 open space at Malborough Park, Marlborough)


Case Officer Update:      Officer confirmed inspections had taken place and that the Council had discharged its duty regarding reasonable removal of cones and dead branches. 


Speakers included:         Objector – Mrs Hurrell; Parish Council – Cllr Yeoman; Ward Members – Cllr J Pearce and Cllr M Long;


Following a question from a Member, the officer confirmed the tree inspection dates as June 2020 and September 2020, resulting in removal of cones and dead branches. 


During the debate, it was clarified that removing the TPO would not result in the felling of the tree but would allow the neighbours to remove any overhanging limbs under common law.


Recommendation:         TPO 1018 is confirmed as served.


Committee decision:     Refusal


Reasons for Refusal:     The Planning Committee determined that the TPO was not to be confirmed as it was considered that a combination of its  size, relationship to the property, potential for future claims when balanced against the ability for the tree to potentially be felled and replaced by a smaller native tree and/ or hedge would continue wildlife and visual benefits.



Planning Appeals Update pdf icon PDF 64 KB



Members noted the list of appeals as outlined in the presented agenda report.  


The Head of Development Management (DM) provided further details on specific recent appeal decisions. 


Following a query from one Member, the Head of DM was to check the Ward listing for appeal reference: 0482/17/FUL.




Planning Performance Indicators pdf icon PDF 110 KB



Members reviewed the performance indicators as outlined in the presented agenda report.


In discussion, particular reference was made to:


(a)    The total number of all applications received into Development Management in 2019 had been 2,518, while the total number received in 2020 had been 2,802; an 11% increase.

(b)    Above target on apps on time, including extensions. Non majors without time extensions illustrated a gradual improvement in numbers completed. 

(c)    Fees were significantly down on the previous financial year predominantly due to the reduction in the number of speculative large major apps following the adoption of the Joint Local Plan. 

(d)    An increase in the number of pre-applications being received was noted.

(e)    Enforcement case numbers were seen to have increased in Quarter 2 and Quarter 3, but the on hand case load numbers were still gradually reducing. 

(f)     Legal would explore the potential use of drones for difficult to access sites in Enforcement cases.




Update on Undetermined Major Applications pdf icon PDF 77 KB



Members noted the list of undetermined major applications.


The Head of DM requested that, if possible, any questions were to be submitted before the meeting. 



Kathy Trant



The Committee recognised that Kathy Trant had now left the employ of the Council and Members gave their thanks for her contributions and excellent service, and wished her well for the future.