NORTH DEVON COUNCIL. Minutes of a meeting of the PLANNING COMMITTEE held at the Civic Centre, Barnstaple on Wednesday 13 th August 2014 at a.m.

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1 NORTH DEVON COUNCIL Minutes of a meeting of the PLANNING COMMITTEE held at the Civic Centre, Barnstaple on Wednesday 13 th August 2014 at a.m. PRESENT: Members: Councillor Ley (Chairman) Councillors Chesters (for minutes 66 to 77 only), Edgell, Fowler, Hockin, Lane, Moore (for minutes 66 to 75 only), Tucker (for minutes 66 to 77 only), Turner, Worden, J. Yabsley and P. Yabsley. Councillors Biederman, Cann, Greenslade and Manuel attended the meeting in accordance with Standing Order 9 (3). Officers: Planning Manager (MK), Assistant Solicitor (DH), Planning Officer (SJ-MS), Landscape and Countryside Officer (AJ) and Member Services Officer (JG). 66 APOLOGIES Apologies for absence were received from Councillors Clark, Croft, Flynn and Haywood. 67 MINUTES RESOLVED that the minutes of the meetings held on 9 th July 2014 and 30 th July 2014 (circulated previously) be approved as correct records and signed by the Chairman. 68 DECLARATIONS OF INTEREST The following declarations of interest were announced: Councillor Biederman Councillor Cann Councillor Chesters Councillor Edgell Planning application 57519: Personal interest as a Member of Devon County Council. Planning application 57767: Prejudicial interest as Executive Lead Member for the Environment. Planning application 57606: Disclosable Pecuniary interest as she was the applicant. Planning application 57519: Personal interest as a Member of Devon County Council. 1

2 Councillor Greenslade Councillor Turner Councillor Turner Councillor J. Yabsley Planning application 56685: Personal interest as a Member of Devon County Council, Member of the Devon and Somerset Fire and Rescue Authority and his son-in-law was a policeman. Planning application 57519: Pecuniary interest as his cottage was specifically mentioned within the body of the report as an affected property. Planning application 57418: Personal interest as the application site was opposite his cottage. Planning application 57517: Personal interest as a Member of Devon County Council Planning Committee. 69 ORDER OF AGENDA RESOLVED, that application be considered last on the agenda. 70 LETTER TO MEMBERS OF THE PLANNING COMMITTEE IN RESPECT OF NORTHFIELD LANE PLANNING APPLICATION (REFERENCE 56685) Councillor Chesters addressed the Committee in respect of a second letter she and other members of the Planning Committee had received from Mr Turner which again referred to negligence in respect of the consideration of Planning application The Assistant Solicitor summarised the advice circulated previously by the Head of Legal Services and Monitoring Officer and advised the Committee to proceed in its normal fashion in considering and determining the applications on the agenda : OUTLINE APPLICATION FOR THE ERECTION OF UP TO 115 DWELLINGS, PROVISION OF ASSOCIATED PARKING, ROAD & DRAINAGE INFRASTRUCTURE, PUBLIC OPEN SPACE, LANDSCAPING & PEDESTRIAN LINKS (ALL MATTERS RESERVED EXCEPT FOR ACCESS) (AMENDED DETAILS). LAND OFF NORTHFIELD LANE, BARNSTAPLE, DEVON. The Planning Officer advised that her recommendation on page six of the report had been amended slightly to read APPROVE subject to appropriate planning conditions being delegated to the Planning Manager and a Section 2

3 106 legal agreement being completed. Mr. Hurford, Mr. Pugsley, Mr. Brayley, Mr. Spear, Mr. Molony, Mr. Adams and Mr. Willcox (objectors) and Mr. Holstead (for the Agent) addressed the Committee. Councillors Greenslade and Manuel as local ward Members of the area addressed the Committee expressing concern over the lack of infrastructure and highway safety. The Planning Manager addressed the Committee in respect of a recent appeal decision and the Council s position with regard to its inability to demonstrate a current five year housing land supply. RESOLVED (9 for, 2 against) that the application be granted CONDITIONAL APPROVAL subject to the following: - (a) Devon County Council as Local Highway Authority be requested to provide all empirical evidence to confirm that it supported the Traffic Impact Assessment, that it was up to date and accurate; (b) that all outstanding highway concerns be delegated to the Planning Manager in consultation with local and adjoining Ward Members; (c) that no development shall commence until such time as the proposed roundabout improvements were in place; (d) that appropriate Planning conditions be delegated to the Planning Manager together with the completion of a Section 106 legal agreement; (e) that concerns raised in respect of the road narrowing at Northfield Lane be addressed at the reserved matters stage; and (f) that should the outstanding matters not be resolved to the satisfaction of the Planning Manager in consultation with local and adjoining Ward Members, the application be brought back to the Committee for further consideration. 72 ADJOURNMENT OF MEETING RESOLVED, that the meeting be adjourned to enable a comfort break. RESOLVED, that the meeting be reconvened to enable the remaining business to be transacted. 3

4 : CONSTRUCTION OF HARD SURFACED PATH AND VIEWING PLATFORM. YEO VALLEY COMMUNITY WOODLAND, DERBY ROAD, BARNSTAPLE, DEVON. RESOLVED (unanimous) that the application be APPROVED as recommended by the Planning Manager : APPLICATION FOR CONSENT FOR WORKS TO TREES COVERED BY A TREE PRESERVATION ORDER IN RESPECT OF REMOVAL OF BEECH TREE (AMENDED DESCRIPTION). FREMINGTON MANOR, FREMINGTON, BARNSTAPLE, DEVON EX31 2NX. Tony Wood (objector) addressed the Committee. Councillor Biederman, local ward member for the area addressed the Committee expressing concern over the negative cumulative effect on the conservation area owing to the potential loss of the tree. Councillor Turner re-declared his personal interest in the above application. RESOLVED (7 for, 6 against) that the application be REFUSED for the following reasons: - (a) the Committee did not consider there to be a valid reason to fell the protected tree; (b) the tree was in situ long before the erection of the residential home s conservatory; (c) the Copper Beech tree was considered to be of considerable value to the visual amenity and an application for its removal was premature, owing to no suggestion of it being unhealthy. The Committee requested that the applicant give consideration to planting further Copper Beach trees in alternative suitable areas within the grounds in anticipation of a time where the removal of the tree in question may become reasonably justified. 4

5 : VARIATION OF CONDITION 2 (APPROVED PLANS) ATTACHED TO PLANNING PERMISSION (APP/X1118/A/12/ ) TO ALLOW FOR MINOR ALTERATION TO ACCESS ROAD (MILITARY ROAD) (ADDITIONAL INFORMATION) FORMER FREMINGTON ARMY CAMP, FREMINGTON, BARNSTAPLE, DEVON EX31 3BJ. Councillor Turner declared a prejudicial interest in the above application, left the room and took no part in the consideration or voting thereon. The Planning Officer advised the Committee of two further additional letters of representation received since publication of the agenda. She summarised the main issues addressed within those letters for the benefit of the Committee. She further advised that a letter had been submitted by the Safe Access Group and whilst not listed in the list of objections, the points had been considered within the report. RESOLVED, that in accordance with Standing Order 20 and it being 1:00 p.m. the meeting continue in order for the remaining business to be transacted. Mr. Newing, Tony Wood, Christine Kelly, John Kelly and David Morely (objectors) addressed the Committee. Councillor Cann as Devon County Council Member for the area addressed the Committee. Councillor Beiderman, local ward Member for the area addressed the Committee and advised that the reduced width of an area along the access road did not meet National Planning Policy Framework disability access requirements or the requirements set out in Government Guidance entitled Manual for Streets. RESOLVED (9 For, 1 Against) that the application be DEFERRED for one cycle, to seek confirmation from Devon County Council as local highway authority that in arriving at its recommendation, it had scrutinised all the up to date and accurate drawings (including Section 38 drawings), and on the basis of those and all necessary audits including inclusive mobility, that it was satisfied that the access road including footpaths would be satisfactory to all users. 5

6 : ERECTION OF DECKING. WHITEFIELD VILLAS, MUDDIFORD, BARNSTAPLE, DEVON EX31 4HA. RESOLVED (unanimous) that the application be APPROVED as recommended by the Planning Manager : ERECTION OF A MODULAR BUILDING FOR ADDITIONAL OFFICE SPACE. BRYNSWORTHY ENVIRONMENT CENTRE, ROUNDSWELL, BARNSTAPLE, DEVON EX31 3NP. The Planning Manager advised that since publication of the agenda, a planning consultation response had been received from Fremington Parish Council raising no objection to the application. RESOLVED (unanimous) that the application be APPROVED as recommended by the Planning Manager : HYBRID APPLICATION FULL APPLICATION FOR DEMOLITION OF TWO EXISTING RESIDENTIAL DWELLINGS & ERECTION OF ONE NEW RESIDENTIAL DWELLING; OUTLINE APPLICATION FOR ERECTION OF ONE RESIDENTIAL DWELLING (AMENDED PLANS). ASHFORD FRUIT FARM, BRAUNTON ROAD, BARNSTAPLE, DEVON EX31 4AU. Councillors Chesters re-declared her prejudicial interest in the above application, left the room and took no part in the consideration or voting thereon. RESOLVED (unanimous) that the application be APPROVED as recommended by the Planning Manager. Chairman The meeting ended at 3.05 p.m. NOTE: These minutes will be confirmed as a correct record at the next meeting of the Committee. 6