Development Control

Committee Minutes

Wed Oct 18 2006

Related Documents:
agenda for these minutes

Present:-

Councillors Cox (Chairman), Button, Cann, Clatworthy, Miss Davis, Giles, Hosking, McInnes, Nicholson, Radford, Tucker, Mrs. Wragg

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

Councillors Hart, Newcombe

Apologies:-

Councillors Barton, Ford, Way

*107 Minutes

RESOLVED that the minutes of the meeting held on 6 September 2006 be signed as a correct record.

Arising on Minute 105(e), the Chairman proposed that a working group be established to include the Chairman, Vice-Chairman, Councillors Giles and Clatworthy together with officers to discuss the issue of delegation, and that a report be brought to a future meeting of this Committee.

*108 Report of Committee Site Visit

(a) County Matter - Waste Disposal

Exeter City: Proposed Provision of a Scrap Metal Recycling Facility, Bakers Yard, Alphinbrook Road, Exeter

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

(Councillor Clatworthy declared a personal interest in this item by virtue of knowing the proprietors).

(Mr. J. Milton (objector) 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/06/153/HQ - pdf | supplementary information EEC/06/153/HQ) setting out the details of the Members site visit and updated the previous report in terms of consultation responses received. The Director reported the receipt of the revised Access and Noise Schemes.

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

RESOLVED

(i) that determination of this application be deferred pending full consideration of additional information on required access improvements and the noise impacts of the proposal, and that a further report be brought to a future meeting of the Development Control Committee;

(ii) that the applicant be advised that the Committee is minded to refuse this planning application if full and adequate information is not available in time for the 29 November 2006 meeting of this Committee.

(b) County Matter Waste Disposal

Teignbridge District: Proposed One Stop Extension to Waste Transfer Area, Screening for Windblown Litter and Trommel; and to Stop Soil and Aggregate Storage Area with Associated Landscaping at Ruby Farm, Abbotskerswell

(Mr. A. Small (applicant), Mr. M. Brett, Mr. D. Boxall and Abbotskerswell Parish Councillor K. Eales (objectors) 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/06/154/HQ - pdf | supplementary information EEC/06/154/HQ) providing a record of events of the Members site visit and meeting carried out subsequent to the Development Control Committee s resolution to defer determination following its previous consideration of report EEC/06/104/HQ - pdf | supplementary information EEC/06/104/HQ. The Director referred to a letter dated 11 October 2006 from the applicant s agent which had been electronically mailed to all Members of the Committee requesting a deferment. The Director also updated the Committee on further representations which had been received from local residents. The Chairman reported on a number of representations which he had received from local residents.

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

RESOLVED that determination of this application be deferred pending clarification of issues concerning the status of the landfill and possible required improvements to the site access and that a further report be brought to a future meeting of the Development Control Committee.

*109 County Matter Waste Disposal

(a) South Hams District: Application to Discharge Condition 8 of Planning Permission 18/1405/04/CM Relating to a Scheme of Noise Management for Screening Operations at Dittisham Landfill Site, Lapthorne Cross, Dittisham

(Mrs. E.R. Moors 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/06/156/HQ - pdf | supplementary information EEC/06/156/HQ) relating to the determination of an application to discharge a planning condition requiring the approval of a noise management scheme for screening and crushing operations at Dittisham Landfill Site, Dittisham.

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

RESOLVED that consideration of this application be deferred to the next meeting of the Committee to enable further discussions to take place with the operator on an alternative scheme as discussed at the meeting.

(b) South Hams District: Proposed Variation of Condition 10 of Permission 08/1152/2000 for Increase in Permitted Fill levels at Torr Quarry, Buckland Tout Saints, near Kingsbridge

(Mr. J. Graham (objector) 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/06/157/HQ - pdf | supplementary information EEC/06/157/HQ) relating to an application to raise the fill levels within an existing inert landfill at Torr Quarry, near Kingsbridge. The Director reported that South Hams District Council (Planning) had raised no objections in principle.

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

RESOLVED that subject to the submission and approval of adequate details relating to the restoration, landscaping and aftercare of the site (including the provision of access to bona fide geologists) the Director of Environment, Economy and Culture be authorised to grant planning permission subject to conditions relating to, inter alia, temporary (three years); hours of operation 08.00 to 18.00 hours (Monday to Friday) and 09.00 to 13.00 hours (Saturdays); tipping to be no higher than 138.00 metres AOD; no stockpiling of materials to be at a level higher than 138.00 metres AOD; no use of crushers or screeners on this site; no removal of material once deposited; dust suppression measures to be actioned to prevent blown dust at all times; vehicles and plant operating on the site and haul road to be fitted with broadband reversing alarms; implementation of the restoration, landscaping (to include peripheral landscaping) and aftercare schemes; monitoring the impact on Schedule 1 protected bird species; and proposals for its management for wildlife and access to geological exposures to be submitted and implemented as approved within 12 months of the date of permission.

(c) South Hams District: Restoration of quarry benches using selected inert fill material and use of land for crushing and/or screening waste materials and other minerals at Torr Quarry, Buckland Tout Saints, near Kingsbridge

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/06/158/HQ - pdf | supplementary information EEC/06/158/HQ) relating to an application to carry out the crushing and screening of aggregates within the eastern end of a quarry which is currently being filled with inert waste at Torr Quarry, near Kingsbridge.

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

RESOLVED that planning permission be refused for the following reasons:-

(i) the proposal will extend the life of this site which has permission only for landfilling to achieve a suitable restoration of the eastern end of Torr Quarry; an additional recycling operation within this location is not a proposal of the Devon County Waste Local Plan and will prejudice the longer term aim of achieving strategic landscaping and environmental improvements in the Torr Quarry area as set out in Policy SA22 of the South Hams Local Plan Review;

(ii) the applicant has submitted insufficient information to enable the likely impacts of noise to be properly assessed, particularly on the adjacent property known as Higher Torr and properties to the north east at Grimpstonleigh; it is therefore considered that there is an unacceptable risk of noise nuisance from this proposal;

(iii) the dust suppression plan submitted by the applicant is inadequate in terms of its likely impact on the reduction of dust levels within the site;

(iv) the proposal is likely to lead to the stockpiling of aggregates and waste material on the skyline to the detriment of the rural landscape and neighbouring dwellings at Higher Torr and Grimpstonleigh;

(v) the long term operational use of this site for aggregate recycling is likely to put at risk the continued nesting of birds given special protection under the Wildlife and Countryside Act 1981, within the County Wildlife Site contrary to Policy CO10 of the Devon Structure Plan, Policy SHDC17 of the adopted South Hams Local Plan and Policy ENV7 of the South Hams Local Plan Review, all of which seek to protect sites of local nature conservation importance;

(vi) the environmental objections to this proposal are not outweighed by any demonstrated need for this facility which is already permitted in two other locations at the Torr Quarry site, one of which is within the control of the applicant; the proposal is therefore contrary to Policy WPC2 of the adopted Devon County Waste Local Plan.

*110 County Council Development

South Hams District: Proposed Construction of Cycle/Walkway at Land between Combe Bridge and Steer Point Road, Brixton

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

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/06/161/HQ - supplementary information EEC/06/161/HQ) relating to a proposal to extend the route of the existing cycle network in the Brixton area, to link the village to the end of the current cycleway using the disused railway line and quiet lanes.

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

RESOLVED that 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, inter alia, standard commencement; development in accordance with submitted plans; no clearance within bird nesting season; ecological survey to be repeated if commencement is more than one year from date of existing survey; details of restoration of filled area to be submitted and agreed; tipping of materials to be in association with construction of cycleway only; details of crossing points to be submitted and agreed; applicant to obtain prior agreement of the County Planning Authority on the removal of any tree with a girth of over 150mm; before length of path between temporary link and north of Holehay cottages is constructed, applicant will provide a detailed survey indicating any trees with a diameter greater than 150mm to be removed and additional ecological information; and details of signing at Steer Point Road to be submitted.


*111 County Matter Waste Disposal

East Devon District: Appeal Decision relating to Retrospective Planning Application for the Importation and Deposit of Inert Waste to Raise Existing Level of Land in order to Incorporate the Land into the Existing Garden Area at Crosshills, Tipton St. John

(Councillors Button and Mrs. Wragg declared personal interests in this item by virtue of their being Members of East Devon District Council. Councillor Giles also declared a personal interest in this item by virtue of being a Member of East Devon District Council and Ottery St. Mary Town Council).

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/06/155/HQ - pdf | supplementary information EEC/06/155/HQ) relating to an appeal decision concerning unauthorised landfill development at Tipton St. John.

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

RESOLVED

(i) that the appeal decision be noted;

(ii) that the Director of Environment, Economy and Culture be authorised to undertake appropriate enforcement action to secure the restoration of the site;

(iii) that the appropriate enforcement action be taken should be for the removal within three months of all tipped material from the site to an authorised licensed landfill site and restoration to a condition suitable for agriculture use.

*112 County Council Development

(a) North Devon District: Proposed Construction of Cycleway Linking Sheiling Road and Tews Lane, Bickington, Barnstaple

(Councillor Cann declared a personal interest in this item by virtue of being a Member of Fremington Parish Council).

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/06/159/HQ - pdf | supplementary information EEC/06/159/HQ) relating to a proposal for a cycleway between Sheiling Road and Tews Lane, Bickington, Barnstaple. The Director reported that the landowner of Open Space in Sheiling Road had now indicated that he was not opposed to the development in principle subject to details.

It was MOVED by Councillor Cann, SECONDED by Councillor Miss Davis and

RESOLVED that planning permission be granted subject to the conditions relating to, inter alia, standard three year commencement; accordance with amended plans; protection of hedgerow/trees; removal of trees/hedgerow outside the bird nesting season; ecological survey with proposed mitigation measures; programme of archaeological work; no lighting without prior consent; details of construction of cycleway surface and signage.


(b) North Devon District: Variation of a Condition of Planning Permission 02/34/31236/01 to Permit the Retention of Two Double Elliott Temporary Classrooms and a Single Devon Lady Temporary Classroom for a Further Five Years at Ilfracombe C. of E. Junior School, Princess Avenue, Ilfracombe

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/06/160/HQ - pdf | supplementary information EEC/06/160/HQ) relating to the renewal of an existing consent for temporary mobile classrooms at Ilfracombe Junior School, Ilfracombe.

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

RESOLVED that, pursuant to Regulation 3 of the Town and Country Planning General Regulation Order 1992, planning permission be granted subject to conditions relating, inter alia, to temporary five year permission and replacement of specified windows in the Devon Lady classroom by 31 August 2007.

(c) Teignbridge District: Renewal of Planning Permission to Permit the Retention of all Temporary Mobile Units for a Further Five Years at Dawlish Community College, Elm Grove Road, Dawlish

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/06/162/HQ - pdf | supplementary information EEC/06/162/HQ) relating to the renewal of an existing consent for temporary mobile classrooms at Dawlish Community College, Dawlish.

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

RESOLVED that pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992, planning permission be granted subject to conditions relating, inter alia, to temporary five year permission for Blocks 6 and 13, temporary two year permission for Block 8 and completion of maintenance work.

*113 Other Matters

Department for Communities and Local Government (DCLG)

Publication of Good Practice Guide on Planning for Tourism

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/06/163/HQ - pdf EEC/06/163/HQ) relating to the publication in September 2006 by the DCLG of the Good Practice Guide on Planning for Tourism and addressed the implications of this to the future use of planning policy guidance in considering planning proposals for tourism developments.

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

RESOLVED that the publication by the DCLG of the Good Practice Guide on Planning for Tourism be noted and its contents be taken into account in any future consideration of Tourism Development proposals.

*114 Matters for Information

(a) Delegated Action

The Committee received and noted the schedules of delegated action taken by the Director of Environment, Economy and Culture under delegated powers (EEC/06/164/HQ - pdf EEC/06/164/HQ).

(b) Update Report on the Outcomes of Previous Strategic Planning/Highway Consultation Responses made by the County Council's Development Control Committee 18 October 2006

The Committee received and noted the schedule of decisions made by the District Councils and others in respect of strategic planning/highway consultations previously considered by the Committee (EEC/06/165/HQ - pdf EEC/06/165/HQ).

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 4.15pm

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

Date Published: Thu Nov 02 2006