Agenda and draft minutes

*DM&L.1          

 There were no apologies received at the meeting

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;

*DM&L.2      

There were no declarations of Interest given at the meeting

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.3      

There were no items of urgent business brought forward to this meeting for consideration.

Meeting held on 14 May 2024

DM&L.4        

The Minutes from the Development Management and Licencing Committee meeting held on 14 May 2024 were agreed as a true and correct record.

*DM&L.5      

Prior to the applications being heard, the Monitoring Officer made a statement setting out the legal framework for the determination of planning applications so that members of the public who might not be familiar with how planning applications were to be determined, could understand the approach that the Committee needed to follow. The following points needed to be taken into account;

•        Regard was to be had to development plan policies and other material considerations;

•        Material considerations were those about development or use of land;

•        Decisions were to be taken in accordance with the development plan unless other material considerations suggested otherwise.

•        The Committee would need to establish whether a development proposal complied with the development plan read as a whole

•        Where policies conflicted, the Committee had to undertake a balancing exercise involving the use of its planning judgement; and

•        Development plan policies must be read sensibly; with words having their ordinary and natural meaning.

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/

*DM&L.6      

The Committee proceeded to consider the report and presentation that had been prepared by the relevant Planning Officer on the following application and considered the comments of the local parish council together with other representations received, which were listed within the presented agenda report and summarised below:

(a) Application Number: 0302/24/ARM             Ward: Tamarside

     Site Address:  Wooladon Farm, Liftondown, PL16 0DD

     Development: Application for approval for reserved matters following outline approval reference 2531/21/OPA relating to access, appearance, landscaping, layout, scale of erection of a dwelling for a farm manager together with access drive, plus the discharge of Conditions 6 (BNG), 7 (CEMP) and 8 (LEMP) (resubmission of 2531/21/OPA)

Recommendation: Refusal

Key Issues: Scale, massing and design, landscaping, biodiversity, drainage, appropriateness of the dwelling for an agricultural farm manager in perpetuity.

The Planning Officer took the members through the presentation on the application stating that there was already outline permission for a dwelling. She outlined the main reasons for refusal of this application.

•      The quantum of both residential and farm related floor space not being supported by an essential agricultural need in the specific location.

•      The size of the dwelling being unlikely to affordable for an agricultural farm manager in perpetuity. That was a requirement of TTV26.

•      Insufficient information to demonstration the surface water drainage can be accommodated within the red line boundary. Insufficient information to discharge some of the conditions.

Public Speakers:

Supporter: The agent stated the application was for a farm managers dwelling for an extensive family business covering 540 acres, which employed 165 people. He stated that West Devon had no policy relating to the size of a rural worker’s dwelling.

He added that there would be few public views into the proposed dwelling. He felt it would not harm the local landscape. He stated that the issue with the drainage could be addressed in a condition if the application was to be passed. He referred to two planning appeal decisions on agricultural dwellings where the applications were refused on the grounds of scale and affordability.

Lifton Parish Council: The Vice Chair of Lifton Parish Council stated that the Parish Council was fully behind the application.

Ward Member: The Ward Member explained he called the application into Committee as there was no policy guidance for agricultural dwellings in the countryside.

His understanding was that the applicant had 4 businesses in current operation, the farm shop, horticulture, agriculture and the farm estate. Each depended on each other to trade effectively.

The combined businesses employed a combined employment of 165 people from Lifton and the surrounding areas. The applicants were full time managers of the businesses and on call 24/7.

He commented that it was an established highly effective business demonstrating a strong agricultural need. The family owned successful business had every likelihood of remaining affordable in the long term. He concluded in stating he supported the application.

Committee Debate:

•      A Member spoke on the exceptional business that the applicants  ...  view the full minutes text for item *DM&L .6/24

*DM&L.7      

The Head of Development Management took the Committee through the planning appeal cases listed in the published agenda papers and Members proceeded to note the content of the updates. In particular she commented on application 4439/22/FUL which was dismissed on the grounds of the impact on the rural landscape amongst other reasons.

*DM&L.8     

The Committee received an update from the Head of Development Management on the Undetermined Major Planning Applications that were listed in the published agenda papers and proceeded to note the contents of the update given.