Development Control

A meeting of the Development Control Committee will be held on the above date at 2.15 p.m. at County Hall, Exeter to consider the following matters.

P. NORREY

Chief Executive

A G E N D A

PART I OPEN COMMITTEE

1. Minutes of the meeting held on 7 June 2006, attached (Page 8).

2. Items Requiring Urgent Attention

Items which in the opinion of the Chairman should be considered at the meeting as a matter of urgency.

MATTERS FOR DECISION

3. Report of Committee Site Visit

County Council Development

West Devon Borough: Proposed Construction of Cycle/Walkway, involving Removal of Beech Tree, from Southerly Bridge to Station Road, Bridestowe, Okehampton

Report of the Director of Environment, Economy and Culture (EEC/06/83/HQ - pdf | supplementary information EEC/06/83/HQ), attached (Page 16) on the site visit and site meeting conducted on 28 June 2006 by Members representing the Development Control Committee in respect of the proposed cycle/walkway proposals at Bridestowe, West Devon.

4. County Matter Waste Disposal

(a) East Devon District: Variation of Condition 17 of Planning Permission 07/P1255/2004 to Allow for Commercial Horticultural Operatives to Bring Material to the Site for Composting, at Little Ash Farm, Fenny Bridges, Honiton

Report of the Director of Environment, Economy and Culture (EEC/06/84/HQ - pdf | supplementary information EEC/06/84/HQ), attached (Page 28) on a proposal to vary condition 17 of planning permission 07/P1255/2004 to allow commercial horticultural businesses to deposit green waste for composting at Little Ash Farm, Fenny Bridges, near Ottery St. Mary.

(b) Mid Devon District: Construction of Secure Compound Consisting of Concrete Hard Standing and 2.4 metre high Palisade Fence for the Storage of Two Sealed Hazardous Waste Skips at Unit 6, Warren Farm, Kentisbeare

Report of the Director of Environment, Economy and Culture (EEC/06/85/HQ - pdf | supplementary information EEC/06/85/HQ), attached (Page 34) relating to the provision of two sealed hazardous waste skips and a 2.4 metre palisade fence at Unit 6, Warren Farm, Kentisbeare.

5. County Council Development

(a) Mid Devon District: Excavation of Earth Mound to Provide a Level Surface and Erection of Mobile Classroom with Play Area to Provide Pre-School Facility, at Hemyock Primary School, Hemyock

Report of the Director of Environment, Economy and Culture (EEC/06/86/HQ - pdf | supplementary information EEC/06/86/HQ), attached (Page 41) relating to the provision of a mobile classroom to provide pre-school education, at Hemyock Primary School, Hemyock.

(b) Teignbridge District: Proposed 2-Storey Classroom Block, Demolition of Existing Timber Frame Temporary Classrooms, Restoration of External Hard and Soft Play Areas and Reconstruction of Netball Courts at Coombeshead College, Newton Abbot

Report of the Director of Environment, Economy and Culture (EEC/06/87/HQ - pdf | supplementary information EEC/06/87/HQ), attached (Page 47) on a planning application for the development of a 2-storey, 14 classroom teaching block, together with removal of existing temporary classrooms and reinstatement works at Coombeshead College, Newton Abbot.

6. Other Matters

(a) Annual Report on Development Management, Monitoring and Enforcement Performance 2005/06

Report of the Director of Environment, Economy and Culture (EEC/06/88/HQ - pdf EEC/06/88/HQ), attached (Page 54) on an annual review of the key statistics relating to the performance of this Committee s planning and highways development management responsibilities during the past financial year.

(b) Consultation Paper by the Department for Communities and Local Government on Draft Marine Minerals Dredging Regulations and Procedural Guidance June 2006

The Department for Communities and Local Government (DCLG) has recently published a Consultation Paper seeking comments on the draft Environmental Impact Assessment and Natural Habitats (Extraction of Marine Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2006; and draft procedural guidance on the draft Regulations insofar as they apply to the extraction of marine minerals by dredging in English waters. The draft Regulations propose a statutory basis for the control of the extraction of minerals by marine dredging in English waters replacing the current informal Government View procedure. If enacted they will transpose into UK law in seas adjacent to England and Northern Ireland the requirements of the European Community Directives (as amended) on the assessment of the effects of certain public and private projects on the environment (the Environmental Impact Assessment Directive), and the conservation of natural habits and of wild fauna and flora (the Habitats Directive) with respect to the extraction of minerals by marine dredging.

The closing date for consultation responses is 28 August 2006. In view of this timescale, which is before the date of the next meeting of this Committee (6 September 2006), it is recommended that a full response be provided to DCLG in consultation with the Chairman and Vice Chairman of this Committee, and that a copy of the consultation response be reported to the next meeting of this Committee.

(c) Department for Communities and Local Government Circular 01/2006

Guidance on Changes to the Development Control System

The Committee is asked to note that the commencement of a number of changes to the Development Control system, which were enabled by the Planning and Compulsory Purchase Act, have now been announced.

The Department for Communities and Local Government Circular 01/2006 (published on 12 June 2006) provides guidance on these changes and a copy will be displayed at the meeting. The changes are:

The power for local planning authorities to make local development orders to, for example, extend permitted development rights across all or part of its area (came into force on 10 May 2006).

Changes to the outline planning permission process in terms of information to be provided at the outline application stage and matters that may be reserved (comes into force 10 August 2006).

The requirement for Design and Access Statements to accompany applications for certain types of permission and consent (comes into force 10 August 2006). Local Planning Authorities are prohibited from entertaining planning applications without such statements when they are required.

Powers controlling certain internal floor space additions - such as mezzanines (came into force 10 May 2006).

Changes to the statutory decision period for major planning applications (came into force 10 May 2006) - to 13 weeks for applications for major development and 8 weeks for all other applications. Where an Environmental Impact Assessment is required, the period remains 16 weeks.

(d) Department for Communities and Local Government

Agricultural Waste Regulations and Planning

On 15 May 2006, new controls came into force over agricultural waste with the commencement of the Waste Management (England and Wales) Regulations 2006, which extend the waste management controls that already apply to all other sections of industry to apply also to the agricultural industry.

The effect of the Regulations will be to prohibit the use of farm dumps with immediate effect and to prohibit the open burning of non natural waste at the end of a 12 month transitional period. These changes have implications for both Waste Management Licensing and Landfill permits, administered by the Environment Agency, and the need to apply for planning permission, determined by the County Council as Waste Planning Authority.

The Department for Communities and Local Government, when launching the new Regulations on 11 May 2006, recognised that there may, in the next few months, be cases of genuine confusion which may lead to unwitting contravention of planning control. The Department asked for Waste Planning Authorities to be supportive in providing the necessary planning advice.

The Committee is asked to note these new requirements.

(e) Department for Communities and Local Government: Crown Application of the Planning Acts

The Committee is asked to note that on 7 June 2006 the Government ended the Crown's immunity from the planning system with the commencement of Chapter 1 of Part 7 of the Planning and Compulsory Purchase Act 2004. The Committee may recall having responded to earlier consultation on this proposal on 30 November 2005 (Minute *52 refers). In the scheme now implemented there are some special arrangements retained, mainly concerned with national security and defence, urgency and enforcement, together with new permitted development rights and use classes. A copy of the Department for Communities and Local Government Circular 02/2006 which provides guidance to local planning authorities on the changes will be displayed at the meeting.

(f) Devon County Waste Local Plan Adoption

Following receipt of the Inspector s binding report, the Devon County Waste Local Plan was formally adopted on 30 June 2006.

A summary document of the Policies as now adapted has been previously circulated to all Members of the Committee and it should be noted that these Policies now form part of the Development Plan to which the Council as Waste Planning Authority should have regard in determining planning applications.

(g) Publication of the Draft Regional Spatial Strategy for the South West 2006-2026

On 6 June 2006 the Regional Assembly published the Draft Regional Spatial Strategy (RSS) for consultation, requesting responses by the end of August 2006.

Whilst the County Council's response is to be considered at a future meeting of the Strategic Planning and Regional Affairs Committee, for Development Management purposes, the Development Control Committee should note that the published draft policies of the RSS are now a material planning consideration to which appropriate regard should be had in determining planning applications.

A full copy of the Draft RSS will be displayed at the meeting.

MATTERS FOR INFORMATION

7. Delegated Action

Schedules of action taken by the Director of Environment, Economy and Culture under delegated powers, on behalf of the Committee, will be displayed on the notice board in the Committee Room prior to the meeting and will also be available for inspection at the office of the Chief Executive. Schedule (EEC/06/89/HQ - pdf EEC/06/89/HQ), attached (Page 66).

8. Update Report on the Outcomes of Previous Strategic Planning/Highway Consultation Responses made by the County Council s Development Control Committee 19 July 2006

Schedule (EEC/06/90/HQ - pdf EEC/06/90/HQ), attached (Page 69).

PART II ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PRESS AND PUBLIC

Nil.

Members are reminded that Part II Reports contain exempt information and should therefore be treated accordingly. They should not be disclosed or passed on to any other person(s). Members are also reminded of the need to dispose of such reports carefully and are therefore invited to return them to the Committee Secretary at the conclusion of the meeting for disposal.

MEMBERS ARE REQUESTED TO SIGN THE ATTENDANCE REGISTER

Membership
Councillors Cox (Chairman), Button, Cann, Clatworthy, Miss Davis, Ford, Giles, Hosking, McInnes, Nicholson, Radford, Tucker, Way, Mrs. Wragg, Vacancy
Declaration of Interests
Members are reminded that they must declare any interest they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.
Access to Information
Any person wishing to inspect any minutes, reports or lists of background papers relating to any item on this agenda should contact Barbara Gliddon on Exeter 01392 382264.
Internet
The agendas and minutes of the Development Control Committee together with officers reports considered by the Committee are published on the Information Devon Website at Where there are officers reports for Committee determined applications, these will be available as soon as the agenda is published online and can be accessed by following the appropriate links from the corresponding agendas and minutes.
Access to County Hall
Access to County Hall is restricted and all visitors are requested to report to the Main Reception. Car parking facilities on site are limited. Provision for disabled parking is available. It is advisable to contact County Hall Main Reception in advance on 01392 382504. See attached sheet for Public Transport Links.
Webcasting of Meetings
The proceedings of this meeting may be recorded for broadcasting on the internet via the County Council s website Information Devon . The whole of the meeting will be broadcast apart from any confidential items which may need to be considered in the absence of the press and public.
Development Control Committee Public Participation
Any member of the public resident in the administrative area of the county of Devon may make a presentation to the Committee on a planning application being considered by the Committee, or any consultation on a proposal by a Government Department (but not when the County Council is consulted on a proposal by a District Council) or a Review of Old Minerals Permissions applications. Any request to make a presentation must be given to the Chief Executive's Directorate by 12 noon on the third working day before the date of the meeting. For further information please contact Barbara Gliddon on Exeter 01392 382264.