Development Control

Committee Minutes

Wed Jul 16 2008

Related Documents:
agenda for these minutes

Present:-

Councillors Cox (Chairman), Button, Cann, Clatworthy, Davis, Ford, Giles, Haywood, McInnes, Nicholson, Tucker and Wragg

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

Councillors Channon, Pennington and Rawlinson

Apologies:-

Councillors Hosking and Radford

*234 Minutes

(a) Confirmation

RESOLVED that the Minutes of the meeting held on 4 June 2008 be signed as a correct record.

(b) Matters Arising: Minute 228 - Ruby Waste Management Site, Abbotskerswell

The Director of Environment, Economy and Culture reported:

that appeals had been lodged against the refusal of the application for the regularisation and development of elements of waste treatment and transfer operations and the enforcement notice for non-compliance with conditions for the restoration of land and cessation of tipping;

that the County Solicitor had advised that it would be inappropriate in these circumstances for the members site visit to go ahead;

that access to the site for survey work had been agreed and this work would take place shortly.

*235 Urgent Business: Department for Communities and Local Government Publications

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

The Chairman had decided that the Committee should take this item as a matter of urgency because of the need for the matter involved to be raised as soon as possible.

The Director of Environment, Economy and Culture reported the recent publication by DCLG of a Consultation Draft of Planning Policy Statement (PPS) 6 (Planning for Town Centres) and the Planning Policy Guidance (PPG) 25 (Good Practice Guidance on Development and Flood Risk).

It was agreed that a report on these documents should be submitted to the next meeting of the Committee on 3 September 2008.

MATTERS FOR DECISION

*236 Report of Committee Site Visits

(a) County Matter - Waste Disposal

Torridge District: Proposed Waste Transfer Station at Winkleigh Airfield, Winkleigh

(Councillor Ford declared a personal interest by virtue of being a member of Torridge District Council)

(Councillor Rawlinson attended and spoke in accordance with Standing Order 25(2))

(The following attended and spoke under the Council s Public Participation Procedures:

Mr Entwhistle - Applicant

Councillor Stutt - Winkleigh Parish Council

Ms Metcalfe - Objector)

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/08/174/HQ - text only | pdf EEC/08/174/HQ) on the members site visit and the site meeting held at Winkleigh on 24 June 2008.

The Director of Environment, Economy and Culture circulated a copy of a letter from Mr Hampshire on behalf of the applicant and reported verbally on the further views of Freedom Foods.

It was MOVED by Councillor Clatworthy, SECONDED by Councillor Wragg and

RESOLVED that planning permission be refused for the following reason:

The Waste Planning Authority is not satisfied that the development can be carried out without unacceptable environmental impact on the operation of the adjoining poultry business or on the amenity of the nearest residents, and it is therefore regarded as contrary to the provisions of Policies WPC 2 and WPP 30 of the adopted Devon County Waste Local Plan.

(b) County Matter - Waste Disposal

East Devon District: Erection of Building and Associated Compound for Kerbside Waste Transfer at Greendale Barton Industrial Estate, Woodbury Salterton

Councillor Button declared a personal interest by virtue of being a member of East Devon District Council and its Development Control Committee. Councillors Giles, Nicholson and Wragg declared personal interests by virtue of being members of East Devon District Council)

(Councillor Channon attended and spoke in accordance with Standing Order 25(2))

(The following attended and spoke under the Council s Public Participation Procedures:

Mr de Courcy - Agent

Councillor Cox - East Devon District Council

Councillor Gerdis - Woodbury Parish Council

Mr Jung - Objector)

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/08/175/HQ - text only | pdf EEC/08/175/HQ) on the members site visit and the site meeting held on 24 June 2008 in respect of the planning application for the erection of a building and associated compound for kerbside waste transfer at Greendale Barton Industrial Estate, Woodbury Salterton.

The Director of Environment, Economy and Culture reported the receipt of the further views of the Environment Agency and the Highways Agency and circulated copies of letters received from East Devon District Council s Corporate Director - Environment and the Bell Cornwell Partnership on behalf of the applicant.

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

RESOLVED that planning permission be refused for the following reasons:

The site is outside of the defined site boundary for Waste Management facilities on Inset Plan EDO6: Greendale Barton in the adopted Devon County Waste Local Plan, and the proposed development would result in inappropriate development in the countryside, contrary to the provisions of Policy WPC 2 and Policy WPP 15 of the adopted Devon County Waste Local Plan.

(c) County Matter - Waste Disposal

South Hams District: Application to Remove Condition 1 of Planning Permission 08/0715/03/CM to Permit a Permanent Recycling and Storage Operation at Torr Quarry, Kingsbridge Road, East Allington

(Mr Graham - Woodleigh Parish Meeting attended and spoke under the Council s Public Participation Procedures)

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/08/176/HQ - text only | pdf EEC/08/176/HQ) on the members site visit and the site meeting at Torr Quarry, near Kingsbridge on 25 June 2008 regarding the proposal to lift a temporary planning condition on an existing inert waste recycling site, thereby making the permission permanent.

The Director of Environment, Economy and Culture reported the receipt of the views of South Hams District Council s Planning Officer and Environmental Health Officer and the submission by the applicant of a detailed landscaping scheme.

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

RESOLVED

(i) that consideration of the application be deferred pending the outcome of consultation on the landscaping plan;

(ii) that the Chairman, in consultation with the local member, be authorised to grant planning permission subject to the conditions outlined in the report and now requested by the District Council and also to include implementation and ongoing management of the landscaping details when agreed; and

(iii) that the applicant be advised that members are concerned that some of the operating procedures observed on site may not comply with normal Health and Safety procedures and the operator be asked to investigate as a matter of priority.

*237 County Matter - Waste Disposal

(a) Torridge District: Land and Buildings at Holsworthy Biogas Plant, Land to North-East of Higher Manworthy, Holsworthy

(A) Proposed Extension of Reception Building and Ancillary Development

(B) Variation of Condition 17 of Planning Permission 1/2013/98/30/0019 to Limit the Import of Feedstocks to 80,000 Tonnes per Annum

(Councillor Ford declared a personal interest by virtue of being a member of Torridge District Council)

(The following attended and spoke under the Council s Public Participation Procedures:

Mr Bowley - Agent

Mr Prior - Applicant

Mr Hilleard - Holsworthy Biogas Protest Group)

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/08/177/HQ - text only | pdf EEC/08/177/HQ) on two applications at the Holsworthy Biogas Plant. The first application sought to regularise developments which had already occurred at the plant since 1999 without the necessary planning permissions and also sought permission for the construction of a new reception building. The second application was in relation to a variation of a planning condition on the 1999 permission and effectively sought to reduce the amount of waste imported but to allow greater freedom as to the waste types in relation to the percentage of agricultural and biological wastes.

The Director of Environment, Economy and Culture reported the receipt of e-mails from the applicant/operator relating to the proposed amended hours of operation, copies of which were circulated to the Committee.

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

RESOLVED that consideration of both applications be deferred until the next meeting of the Committee on 3 September 2008 pending clarification of issues raised concerning the number of representations made and sustainability considerations.

(b) Teignbridge District - Development of Materials Recycling Facility at the Former Whitecleaves Quarry, Plymouth Road/Strode Road, Buckfastleigh

(Ms Gilpin - Applicant and Mr Sawers - Objector attended under the Council s Public Participation Procedures (but did not speak))

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/08/178/HQ - text only | pdf EEC/08/178/HQ) on a planning application for an integrated waste management facility at the former Whitecleaves Quarry, Buckfastleigh.

It was MOVED by Councillor McInnes, SECONDED by Councillor Clatworthy and

RESOLVED that consideration of the application be deferred for a site visit by four members of the Committee on the morning of 30 July 2008.

*238 County Council Development

(a) East Devon District: Proposed Multi-Use Games Area and Cricket Practice Pitch at The Kings School, Ottery St. Mary

(Councillor Giles declared a prejudicial interest by virtue of being a Governor of The Kings School, Ottery St Mary and Chairman of the Ottery Community Development Group and withdrew from the meeting. He also declared personal interests by virtue of being a member of East Devon District Council and Ottery St Mary Town Council. Councillor Button declared a personal interest by virtue of being a member of East Devon District Council and its Development Control Committee. Councillors Nicholson and Wragg declared personal interests by virtue of being a member of East Devon District Council)

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/08/179/HQ - text only | pdf EEC/08/179/HQ) on a planning application for the provision of new sports facilities at The Kings School, Ottery St Mary consisting of a new Multi-use Games Area (MUGA) and new synthetic turf cricket practice pitch.

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

RESOLVED that, pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, planning permission be granted subject to conditions relating to standard commencement; development in accordance with application plans; submission of fencing details; and powers of community use.

(b) South Hams District: Reserved Matters Application for the Construction of New Primary School, Field adjacent to Bidwell Brook School and A384, Dartington, near Totnes

(Councillor Pennington attended and spoke in accordance with Standing Order 25(2))

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/08/180/HQ - text only | pdf EEC/08/180/HQ) on a reserved matters application for the construction of a new primary school at Dartington for which outline planning permission was originally granted in 2004 and renewed in February 2007.

The Director of Environment, Economy and Culture reported the views now received from South Hams District Council s Planning Officer.

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

RESOLVED

(i) that consideration of the application be deferred pending investigations into concerns raised by Dartington Parish Council and the local County Councillor regarding the adequacy of car parking/dropping off facilities and highway issues, and their resolution;

(ii) that the Chairman, in consultation with the local County Councillor, be authorised to grant planning permission subject to appropriate conditions when these issues have been resolved to his satisfaction; and

(iii) that the Executive Member for Children and Young People s Services be asked to give consideration to the use of some of the land currently occupied by the existing Primary School for additional car parking/dropping off facilities.

*239 Other Matters

(a) Improving Performance (Min. *227(b)/4 June 2008)

The Committee considered a report by the Director of Environment, Economy and Culture (EEC/08/181/HQ - text only | pdf EEC/08/181/HQ):

outlining the measures considered necessary to address the regression in performance in 2007/08 in terms of the speed of decision making with regard to County Matter planning applications;

seeking the Committee s agreement to a number of other process improvement initiatives intended to deliver ongoing improvement to development management performance overall;

drawing attention to the Government review (the Killian-Pretty Review) into improving the planning application process nationally and the mechanism for responding to its current stakeholder consultation on behalf of the Council.

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

RESOLVED

(i) to note and welcome the actions being taken, as summarised in Para 2.2 of the report, to implement improvements in planning application processing;

(ii) to endorse the amendment to the Committee's adopted delegation protocol to allow delegation to proceed after due consultation with the Chairman or Vice Chairman; and local member, in the circumstances set out in Para 2.2.4;

(iii) to request that Procedures Committee reviews the Public Participation Procedures at Committee in the light of the potential for repeated presentations to the Committee as set out in Para 2.2.5;

(iv) to note the progress nationally of the current Killian-Pretty Review into improving planning application processes and establish a Member/Officer Task Group to formulate the County Council's response to the recently published "Call for Solutions" document, for consideration at the next meeting of the Committee on 3 September 2008; and

(v) to appoint the Chairman, Vice-Chairman, and Councillors Clatworthy and Giles to serve on the Task Group.

(b) Members Training - Annual Tour 2008

The Director of Environment, Economy and Culture reminded members that as part of the ongoing programme of Member Training, a day was spent each year visiting a number of developments where the Committee had been involved in making planning decisions. He reported on proposed arrangements for the 2008 Annual Tour, indicating that it was intended to visit a number of sites in the Exeter and Mid Devon area on Wednesday, 24 September 2008. A suggested Itinerary would be available at the next Committee meeting.

It was agreed that the Tour should take place on Friday 26 September 2008 instead of 24 September to avoid a clash with a meeting fixed for that date.

MATTERS FOR INFORMATION

*240 Delegated Action

The Committee received and noted the schedules of action taken by the Director of Environment, Economy and Culture under delegated powers (EEC/08/182/HQ - text only | pdf EEC/08/182/HQ).

*241 Decisions Taken by District Councils etc on Previous Consultation Responses Made by Committee

The Committee received and noted the schedule of decisions made by the District Councils and others in respect of strategic planning/highway consultations which it had previously considered (EEC/08/183/HQ - text only | pdf EEC/08/183/HQ).

The Director of Environment, Economy and Culture reported that North Devon Council s legal challenge in respect of the Secretary of State s decision to grant planning permission for the Fullabrook Wind Turbine application had been dismissed in the High Court, opening the way for that authority to now determine the Batsworthy Cross, Three Moors and Cross Moor Wind Turbine applications.

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 4.45pm

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

Date Published: Tue Jul 22 2008