Development Control

Committee Minutes

Wed Sep 05 2007

Related Documents:
agenda for these minutes

Present:-

Councillors Cox (Chairman), Barton, Button, Cann, Ford, Giles, Hannaford, McInnes, Nicholson, Radford, Tucker and Wragg

Attending in accordance with Standing Order 25(2):-

Councillor S Hughes and Shadrick

Apologies:-

Councillors Clatworthy, Davis and Hosking

*173 Malcolm Baker

The Chairman paid tribute to Malcolm Baker, Head of Planning and Transportation in the Environment, Economy and Culture Directorate who had died recently and Committee members and others present stood in silence as a mark of respect.

*174 Minutes

(a) Confirmation

RESOLVED that the Minutes of the meeting held on 18 July 2007 be signed as a correct record.

(b) Matters Arising: Minute *166(b)/18 July 2007: Teignbridge District: Monitoring of Waste Management Activities at Ruby Farm, Abbotskerswell

The County Solicitor reported that:

on 17 August 2007 the Environment Agency had served notice under Section 59 of the Environmental Protection Act prohibiting any further material being brought into the site for disposal and requiring the site to be regraded/restored by 1 August 2008;

he understood that the operator had appealed against the notice;

he was due to meet the Environment Agency s solicitor on 10 September 2007 to discuss the situation.

The Director of Environment, Economy and Culture:

gave an update on the monitoring of compliance with planning conditions;

indicated that a second formal monitoring visit was due to take place on 7 September 2007;

indicated that a further report would be submitted to the next meeting.

The Committee noted the situation. The Chairman asked that the Abbotskerswell Parish Council be kept informed of any action taken.

*175 Urgent Business: County Council Development: Torridge District: Proposed Demolition of Existing School and Construction of Replacement School for 1800 Pupils, and Ancillary Development, Land at Bideford College, Abbotsham Road, Bideford

(An item taken under Section 100B(4) of the Local Government Act, 1972)

(Councillor Barton declared a personal interest in this matter by virtue of being Chairman of Torridge District Council s Plans Committee. Councillor Ford declared a personal interest in this item by virtue of being a member of Torridge District Council, his daughter attending Bideford College and his brother teaching at the College)

The Chairman had decided that the Committee should consider this item as a matter of urgency because of the need to expedite a planning decision to meet Department for Children, Schools and Families (DCFS) funding requirements.

The Director of Environment, Economy and Culture reported that a planning application for this development had been submitted on 31 August 2007. As part of the Department for Children, Schools and Families (DCFS) Building Schools for the Future Programme, this project has been selected as a Pathfinder Project and awarded Demonstration Status for Science and Sustainability and in order to secure the funding streams linked to these programmes there was pressure to expedite the processing of the planning process. Given the complexity and innovative nature of this project it was recommended that the Committee should exceptionally carry out a site visit with representatives of the Torridge District Council s Plans Committee prior to the receipt of a full written report on this application at the next meeting.

It was MOVED by Councillor Ford, SECONDED by Councillor Barton and

RESOLVED that a full Committee site visit (which Torridge District Council s Plans Committee should be invited to be represented) take place on the morning of Wednesday 26 September 2007.

MATTERS FOR DECISION

*176 County Matters Waste Disposal

(a) Torridge District: Proposed In-vessel Compost Plant on Land adjacent to the Deep Moor Landfill site, St Giles in the Wood, near Great Torrington

(Councillor Barton declared a personal interest in this item by virtue of being Chairman of Torridge District Council s Plans Committee. Councillor Ford declared a personal interest in this item by virtue of being a member of Torridge District Council)

(Mr Ellard of Viridor Waste Management attended and spoke to this item under the Council s Public Participation procedures)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/221/HQ - text only | pdf EEC/07/221/HQ) on a proposal for the construction of a permanent In-Vessel Composting (IVC) plant on land adjacent to the existing Deep Moor Landfill Site, St Giles in the Wood near Great Torrington.

It was MOVED by Councillor Barton, SECONDED by Councillor Cann and

RESOLVED that consideration of the application be deferred to allow a full Committee site visit to take place on the afternoon of Wednesday 26 September 2007.

(b) East Devon District: Proposed Retention and Permanent Planning Consent for Existing Recycling Centre at Woods Farm, The Bowd, near Sidmouth

(Councillor Giles declared a personal interest in this item by virtue of being a member of East Devon District Council and Ottery St Mary Town Council. Councillor S Hughes declared a personal interest in this item by virtue of being a member of East Devon District Council and Sidmouth Town Council. Councillor Wragg declared a personal interest in this item by virtue of being a member of East Devon District Council).

(Councillor S Hughes attended and spoke to this item in accordance with Standing Order 25(2))

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/222/HQ - text only | pdf EEC/07/222/HQ) on a planning application for the permanent retention of a recycling centre at Woods Farm, The Bowd, near Sidmouth.

It was reported that:

East Devon District Council had raised no objections in principle to the application while expressing some reservations on the adequacy of the access to cater for any increase in usage;

Ottery St Mary and Simouth Town Councils had also raised no objections in principle to the application, although they considered that advance highway signs for the site should be reviewed.

It was MOVED by Councillor Giles, SECONDED by Councillor Nicholson and

RESOLVED that subject to no material planning objections being received from outstanding consultees relating to the continuation of the use of this site as a Recycling Centre, within fourteen days of this Committee:

(i) the application be referred to the Government Office for the South West as a departure from the development plan and subject to the Secretary of State not calling in the application for her own determination, the County Solicitor in accordance with the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, be authorised to grant a further five year temporary planning consent subject to reiteration of the existing planning conditions relating to hours of operation, hours of opening, maintenance of fencing; maintenance of existing boundary landscaping; restriction on on-site retail sales to the public; and a requirement for signage at the site to be reviewed; and

(ii) that during the life of this further temporary consent the recycling centre services Sidmouth and Ottery St Mary communities be further examined with a view to providing a more suitable replacement site.

*177 County Council Development

(a) Torridge District: Erection of Building for Holsworthy Children s Centre with Ancillary Support Facilities, Sure Start Service Offices and Meeting Room on Land West of Holsworthy Primary School, Great Oak Meadow, Sanders Lane, Holsworthy

(Councillor Barton declared a personal interest in this item by virtue of being Chairman of Torridge District Council s Plans Committee and the Torridge Highways and Traffic Orders Committee. Councillor Ford declared a personal interest in this item by virtue of being a member of Torridge District Council. Councillor Hannaford declared a personal interest in this item by virtue of being a Governor of West Exe Children s Centre)

(Councillor Shadrick attended and spoke to this item in accordance with Standing Order 25(2))

(Val Smith, Children s Centre Development Manager, Children and Young People s Services Directorate attended and spoke to this item under the Council s Public Participation procedures)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/223/HQ - text only | pdf EEC/07/223/HQ) on the proposed construction of a Children s Centre and ancillary facilities on land adjoining Holsworthy Primary School.

It was MOVED by Councillor Hannaford, SECONDED by Councillor Tucker and

RESOLVED

(i) pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992 planning permission be granted subject to conditions relating to control of car parking within the site, hours of use, materials, fencing and landscape bunding, surface water and foul drainage, and the review/implementation of the School Travel Plan; and

(ii) that the Torridge Highways and Traffic Orders Committee be asked to consider the need to introduce parking restrictions on roads in the vicinity of Holsworthy Primary School at the earliest opportunity and that the proposed development fund the advertising and, if approved, the funding of such necessary parking restrictions.

(b) Exeter City Council: Single Storey Extension and Associated Covered Play Area to Form Children s Centre at Exeter Countess Wear Primary School, Lower Wear Road, Exeter

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/224/HQ - text only | pdf EEC/07/224/HQ) on a proposal for an extension to a Primary School to accommodate a Children s Centre at Countess Wear, Exeter.

It was reported that Exeter City Council had sustained its objection to the application after being consulted on revisions to the proposal and sent a copy of a tree survey.

It was MOVED by Councillor Button, SECONDED by Councillor Tucker and

RESOLVED that this application should, pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, be approved subject to conditions relating to standard commencement; development in accordance with revised plans; landscaping scheme (to include replacement tree planting); scheme of archaeological investigation; details of external materials; provision of disabled parking bays; construction management scheme; cycle storage facilities; and the review/implementation of the School Travel Plan.

*178 Planning/Highway Consultations

(a) Teignbridge District:

(i) Proposed Residential Development and Associated Facilities, Including Open Space Play Areas, Landscaping, Parking and Access (Approval Sought for Means of Access) on Land to the East of Old Exeter Road, Newcross, Kingsteignton; and

(ii) Proposed Open Space Sports and Recreation Development with Associated Landscaping, Parking and Access (Approval Sought for Means of Access) on land to the West of Old Exeter Road, Broadway, Kingsteignton

(Councillor Cox declared a personal interest in this item by virtue of being a member of Teignbridge District Council s Development Control Committee)

The Director of Environment, Economy and Culture reported that:

Teignbridge District Council had consulted the County Council, as Strategic Planning, Highway and Mineral Planning Authority, on two planning applications for residential development, and open space sports and recreation development, on land at Newcross and Broadway, Kingsteignton;

the land subject of these applications had extant planning permissions for ball clay working and tipping, and although such operations had been completed, the final restoration and aftercare had yet to take place;

the County Solicitor had advised that such proposals should be defined as 'County Matters' in that Schedule 1(h) of the Town and Country Planning Act 1990 (which dealt with the distribution of functions to Local Planning Authorities), stated that:

" . the land is or forms part of a site used or formerly used for the winning and working of minerals and where the operations or use would conflict with or prejudice compliance with a restoration condition or an aftercare condition."

Teignbridge District Council had been advised of this legal interpretation and had expressed a wish to determine these applications which would normally fall to it for determination.

It was MOVED by Councillor Cox, SECONDED by Councillor Barton and

RESOLVED

(i) that Teignbridge District Council should determine the above applications in accordance with the provisions of Section 101 of the Local Government Act 1972 which provides general powers for the County Council to make arrangements with another authority for the discharge of its functions;

(ii) to note that the formal response of the County Council on these applications would be the subject of a separate report to this Committee in due course.

OTHER MATTERS

*179 Member s Training Annual Tour on 18 September 2007

Further to Minute 171, the Director of Environment, Economy and Culture confirmed that the all day tour would be held on Tuesday 18 September 2007 taking in visits to the Sherford New Community/Langage Development Site and the China Clay Works at Lee Moor/Shaugh Prior (to which the local members would be invited). A detailed itinerary including pick up/drop off points for members in Exeter and the South Hams would be circulated shortly.

*180 Town and Country Planning Summer School, Swansea 31 August

4 September 2007

The Chairman reported on his attendance at the Summer School, commenting that it had proved very worthwhile.

*181 The Saving of Adopted or Approved Local, Structure and Unitary Development Plan Policies

The Director of Environment, Economy and Culture reported that:

the Planning and Compulsory Purchase Act 2004 provided for the saving of policies in adopted or approved local, structure and unitary development plans for a period of 3 years from the commencement of Section 38 of the Act (which was on 28 September 2004);

policies in plans adopted or approved prior to that date were therefore due to expire on 27 September 2007 unless the Secretary of State extended them beyond that date by direction.

the extent to which these policies were saved post 27 September 2007 would dictate which Development Plan policies the County Council would need to take into account in determining planning applications after that date;

it was understood that the Secretary of State would not be issuing a decision on which policies in Devon were to be saved for an extended period until 27 September 2007, and details of these would then be reported to the Committee at its next meeting;

pointed out that Plans adopted after September 2004 would continue to be effective for a period of 3 years from their adoption - including the Devon County Waste Local Plan, and the East Devon, Mid Devon, North Devon, West Devon and Exeter City Local Plans.

The Committee noted the implications of these forthcoming changes to future plan led decision making.

MATTERS FOR INFORMATION

*182 Delegated Action

The Committee received the schedules of action taken by the Director of Environment, Economy and Culture under delegated powers (EEC/07/225/HQ).

*183 Update Report on the Outcomes of Previous Strategic Planning/Highway Consultation Responses made by the County Council's Development Control Committee

The Committee received the schedule of decisions made by the District Councils and others in respect of strategic planning/highway consultations previously considered by the Committee (EEC/07/226/HQ - text only | pdf EEC/07/226/HQ).

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.42pm

The Minutes of the Development Control Committee are published on the County Council s Website at:-

Date Published: Tue Sep 11 2007