Development Control

Committee Minutes

Wed Jan 24 2007

Related Documents:
agenda for these minutes

Present:-

Councillors Cox (Chairman), Barton, Button, Cann, Davis, Giles, Hosking, McInnes, Nicholson, Radford, Tucker, Way and Mrs. Wragg

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

Councillors Newcombe and Pennington.

Apologies:-

Councillor Clatworthy

*126 Minutes

RESOLVED

(a) that the minutes of the meeting held on 29 November 2006 be signed as a correct record;

(b) that Members note that the fuller summary on the key changes of MPS1 (Minute 121(b) refers) was available for information.

*127 The Barker Review

The Chairman advised the Committee that Executive would be making the formal response to The Barker Review and that Members who wished to feed in any comments on the matter should send them to the County Development Manager within the next two weeks.

*128 Report of Committee Site Visit

County Matter: Waste Disposal: Teignbridge District: Proposed Composting of Biodegradable Green Waste, for On-Farm Use Only, at Field Number 4010, Chiverstone Farm, Kenton, Exminster

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/4/HQ - pdf EEC/07/4/HQ) relating to the proceedings of the Members site visit and meeting held at the application site at Chiverstone Farm, Kenton, on the morning of 20 December 2006. The Director updated the Committee on further representations.

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

RESOLVED that, as the alternative delivery route via Clumpit Lane had been examined and used if found to be feasible, the Director of Environment, Economy and Culture be authorised to grant planning permission subject to conditions relating to, inter alia, 250 metres buffer between the windrow and the bore hole at Chiverstone Farm; standard commencement; temporary permission for five years; composting of green waste only, no shredding on site; compost for sole use of Chiverstone Farm; no public delivery or collection of material from the site; limit to maximum of 1,000 cubic metres of waste to be brought to the site every six months; limit to height of windrow; restriction on hours of operation and use of plant and machinery; buffer to hedge bank and the control of any injurious weeds; improvements to the road junction at Clumpit Lane and traffic to avoid Chiverstone Farm.

*129 County Matter Waste Disposal

(a) East Devon District: Waste Water Treatment Works and New Access Road at Agricultural Land Adjacent to Mill Lane, West Clyst, Exeter

(Councillor Button declared a prejudicial interest in this item by virtue of being a personal friend of the owner of the application site and withdrew from the meeting during its consideration)

(Councillor Giles declared a prejudicial interest in this item by virtue of his longstanding opposition to the principle of the Cranbrook new community and withdrew from the meeting during its consideration)

(Councillor Cox declared a personal interest in this item by virtue of the landowners father being an acquaintance)

(Councillor Mrs Wragg declared a personal interest in this item by virtue of being a member of the South West Water s Affordability Panel and Special Assistance Fund Panel)

(Councillor Way declared a personal interest in this item by virtue of the landowners father being an acquaintance)

(Councillor Davis declared a personal interest in this item by virtue of being a member of the South West Water s Tourism and Recreation Forum)

(Messrs. P. Brooks, H. Gent and D. Gent 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/07/5/HQ - pdf EEC/07/5/HQ) relating to a planning application for a new sewage treatment works to serve the existing area and the major proposed developments in the east of Exeter area, including the Cranbrook New Community, Sky Park and Intermodal Freight Terminal.

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

RESOLVED that consideration of this matter be deferred to allow Councillors Cox, Nicholson, Radford and Mrs Wragg to visit the site on the morning of Monday, 19 February 2007.

(b) 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

(Councillor Button declared a personal interest in this item by virtue of being a member of East Devon District Council)

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

The Director reported that, due to problems with delivery, the enforcement notice had not been officially served and the agent for the applicant had requested that a new notice be not served until East Devon District Council had made a decision regarding a fresh application.

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

RESOLVED that the enforcement notice be re-served at the earliest opportunity.

(c) Exeter City: Proposed Provision of Scrap Metal Recycling Facility at Bakers Yard, Alphinbrook Road, Exeter (*Minute 117)

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

(Mr. J. Milton (objector) attended and spoke to this item under the Council s Public Participation procedures).

The Director reported that consideration of this application had been deferred at the last meeting of this Committee pending the receipt of the views of Exeter City Council's Environmental Health Officer (EHO) on the Noise Report submitted by the applicant. The Exeter City Council EHO had raised concerns over the report and a supplementary noise report had now been received. Exeter City Council's Environmental Health Officer was now satisfied with the report but raised further questions over contamination of land issues. The Director would present a definitive paper on all the issues to the 14 March meeting of this Committee.

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

RESOLVED that the Director s report be noted

(d) 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 and Mr Ashford (noise consultant) 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/07/6/HQ - pdf EEC/07/6/HQ) relating to the determination of an application to discharge a planning condition requiring the approval of the noise management scheme at Dittisham Landfill Site, Dittisham.

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

RESOLVED that, following the dismissal of the planning appeal, having regard to the recommendation contained in report EEC/06/102/HQ - pdf | supplementary information EEC/06/102/HQ, approval be granted for the scheme submitted by the applicant for a temporary period of twelve months, and that this be reviewed in due course.

(e) South Hams District: Proposed Change of Use from General Industry to Use as a Putrescible Waste Treatment Facility, Waste Water Treatment Plant, to Rear of Former Richmond Frozen Confectionary , Central Avenue, Lee Mill Industrial Estate, Nr Ivybridge

(Messrs. C Hooper, B. Watson, M. Deacon, P. Hutchings and S. Johnstone 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/07/7/HQ - pdf EEC/07/7/HQ) relating to a proposed change of use from general industry, of an area previously used as waste treatment facility, (ancillary to the functions of the former Richmond Frozen Confectionary Factory), to a stand alone putresible waste treatment facility.

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

RESOLVED that consideration of this matter be deferred to allow Councillors Cox, Nicholson, Radford and Mrs Wragg to visit the site on the afternoon of Monday, 19 February 2007.

(f) Teignbridge District: Enforcement Appeal Decision Without Planning Permission, Change of Use of the Land, from Use as a Quarry in Accordance with the Terms of Planning Permission 97/3392/34/9 dated 17 November 1998, to Use for the Storage and Processing of Imported Excavated and Other Imported Material and as a Quarry in Accordance with the Terms of Planning Permission 97/3392/34/9 Dated 17 November 1998, Haldon Quarry, Kennford

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/8/HQ - pdf EEC/07/8/HQ) relating to the Inspector s decision, following a Public Inquiry, on an appeal against an Enforcement Notice issued by the County Council.

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

RESOLVED that the appeal decision be noted.

*130 County Council Development

(a) Exeter City: Proposed External First Floor Balustrade to be raised in height at Wynstream School, Burnthouse Lane, Exeter

(Councillor Barton declared a personal interest in this item by virtue of his being the Executive Support Member for Social Care)

(Councillor Way declared a personal interest in this item by virtue of his being the Executive Support Member for Schools)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/9/HQ - pdf EEC/07/9/HQ) relating to proposals for the balustrade on external first floor walkway at Wynstream School, Exeter to be raised from 1,100mm to 1,500mm on the eastern and northern elevation.

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

RESOLVED that provided no objections are raised by Devon Fire and Rescue Service regarding the safety implications of the proposals within 14 days from the date of this meeting, the Director of the Environment, Economy and Culture be authorised, pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, to grant conditional planning permission.

(b) South Hams District: Proposed Construction of New Carriageway 21 Metres Inland of Existing Road to Reduce Sections of A379 Vulnerable to Storm Damage at and between A379 Torcross to Dartmouth Road and Higher Ley at Slapton, Nr Kingsbridge

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/10/HQ - pdf EEC/07/10/HQ) relating to a proposal to rebuild two sections of the A379 near Slapton which had been assessed as being particularly vulnerable to storm damage. The Director reported that the Environment Agency had raised no objections to the application, and that ongoing discussions were being held with Natural England, who had raised no objection in principle over the detailed wording of planning conditions relating to nature conservation, mitigation and reinstatement measures.

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

RESOLVED

(i) that, subject to the receipt of no objections as a result of the outstanding consultations within seven days from the date of this meeting, the application be approved which is the subject of report EEC/07/10/HQ - pdf EEC/07/10/HQ, subject to the imposition of conditions relating, inter alia, to non standard commencement (7 years); a programme of archaeological recording; definition of the working area; removal of existing and temporary road and associated works; use of inert materials in road bases and a package of nature conservation mitigation and reinstatement measures;

(ii) that, at the expiration of the 7 days, the County Solicitor be authorised to forward the application to the Secretary of State/Government Office for the South West as a departure from Structure Plan Policy CO10 (Protection of Nature Conservation Sites and Species);

(iii) that the referral to the Government Office for the South West be accompanied by a schedule of Reasons for Approval pursuant to the requirements of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999; and

(iv) that if the Secretary of State does not call in the application for her own determination, the County Solicitor be authorised to grant planning permission, pursuant to the provision of Regulation 3 of the Town and Country Planning General Regulations 1992, subject to the conditions summarised in (i) above.

(c) South Hams District: Proposed Change of Use from Agricultural Land to Site for New Primary School, Land North of Bidwell Brook School, Dartington, Nr Totnes (Outline Application)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/11/HQ - pdf EEC/07/11/HQ) relating to the renewal of an outline planning permission for the change of use of agricultural land in order to provide a new primary school at Dartington. The original consent had been granted in February 2004. The Director reported that the Environment Agency s requirements for a Flood Risk Assessment were currently being addressed.

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

RESOLVED that the Government Office for the South West be advised that Devon County Council is minded to grant outline planning permission and, if the Secretary of State resolves not to call in in the proposal for his own determination, that the Director of Environment, Economy and Culture be authorised to grant planning permission subject to conditions relating to, inter alia, standard outline condition reserved matters to be submitted within three years all details reserved; archaeological investigation and mitigation scheme; detailed landscaping scheme; school travel plan; retention of A384 hedge-line and mature tree.

(d) Teignbridge District: Two Proposed Single-Storey Extensions, one at the Front of the Building to Provide a New Office and Reception Area, and one at the Rear for WC and Cleaner s Store including Access Ramp, at Orchard House Family Resources Centre, 21 Ashburton Road, Newton Abbot

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/12/HQ - pdf EEC/07/12/HQ) relating to a planning application to provide extensions at Orchard House Family Resource Centre at Newton Abbot.

It was MOVED by Councillor Hosking, SECONDED by Councillor Wragg 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, inter alia, to standard commencement, development in accordance with amended plans, protection of trees not scheduled for removal, additional landscaping, landscape maintenance and adequate drainage arrangements.

*131 Planning and Highway Consultation: North Devon District: Application for the Construction of a Wind Farm at Batsworthy Cross, Knowstone, North Devon

(Councillor Davis declared a personal interest in this item by virtue of being a member of the Exmoor National Park Planning Committee)

(Councillor Radford declared a personal interest in this item by virtue of being a member of Mid Devon District Council)

(Councillor Tucker declared a personal interest in this item by virtue of being a member of Exmoor National Park Planning Committee and North Devon District Council)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/13/HQ - pdf EEC/07/13/HQ) relating to a planning application for the construction of a wind farm at Batsworthy Cross near Knowstone in North Devon upon which the County Council had been consulted as both Strategic Planning Authority and Local Highway Authority. The Director updated the Committee on further representations and the Chairman received petitions from the Two Moors Campaign (900 signatures - objecting) and Yes 2 Wind in North Devon (400 signatures in support).

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

RESOLVED that consideration of this matter be deferred to allow the Committee to visit the site on Wednesday, 14 February 2007, to be followed by a special meeting at a nearby venue to consider the Committee s response.

*132 Other Matters

(a) Department for Communities and Local Government Consultation Paper on the Application of the Environmental Impact Assessment Directive to Stalled Reviews of Old Mineral Permissions and Periodic Reviews of Mineral Permissions in England

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/14/HQ - pdf EEC/07/14/HQ) relating to the DCLG s consultation paper The Application of the Environmental Impact Assessment Directive to Stalled Reviews of Old Mineral Permissions and Periodic Reviews of Mineral Permissions in England and suggested response on behalf of the County Council.

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

RESOLVED that the publication of the DCLG s consultation paper be noted and the suggested response on behalf of Devon County Council as set out in Appendix I to report EEC/07/14/HQ - pdf EEC/07/14/HQ be approved.

(b) Department for Communities and Local Government: Publication of Planning Policy Statement 3 Housing

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/15/HQ - pdf EEC/07/15/HQ) relating to the recent publication by the DCLG of PPS3 Housing and an associated housing policy document on Delivering Affordable Housing and a discussion document on a new National Brownfield Strategy.

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

RESOLVED that the Committee notes the publication by the DCLG of PPS3 Housing and associated documents and takes their contents into account, as relevant, in the future execution of its duties, particularly as a consultee on strategic planning applications.

(c) Department for Communities and Local Government: Publication of Planning Policy Statement 25 Development and Flood Risk and DCLG Circular 04/2006, The Town and Country Planning (Flooding) (England) Direction 2007

(Councillors Barton and Giles declared a personal interest in this item by virtue of their being members of the Flood Defence Committee)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/16/HQ - pdf EEC/07/16/HQ) relating to the recent publication by the DCLG of PPS25 Development and Flood Risk and associated documents.

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

RESOLVED that the Committee notes the publication by the DCLG of PPS25 Development and Flood Risk and associated documents and takes their contents into account, as relevant, in the future execution of its duties.

(d) Department for Communities and Local Government Consultation Paper: Changes to Planning Obligations A Planning Gain Supplement Consultation

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/17/HQ - pdf EEC/07/17/HQ) relating to the Government s current consultation paper on proposed changes to the Planning Obligations System which would be consequent to the proposed introduction of a Planning Gain Supplement.

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

RESOLVED that the Committee notes the contents of the consultation paper and endorse the response on behalf of the County Council as set out in Appendix I to report EEC/07/17/HQ - pdf EEC/07/17/HQ.

(e) Department of the Environment Circular 28/83 -Quarterly Report on the Handling of County Matter and County Council Development Planning Applications 1 October 31 December 2006

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/07/18/HQ - pdf EEC/07/18/HQ) outlining the County Council s performance in the handling of County Matter and County Council development planning applications for the period 1 October to 31 December 2006.

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

RESOLVED that the Committee:

(i) notes report EEC/07/18/HQ - pdf EEC/07/18/HQ;

(ii) notes the current position regarding the two applications where the issue of decisions remain outstanding at the end of the quarter pending the completion of Section 106 and other legal agreements, as set out in Paragraph 4 of the report and in accordance with the Committee s approved Section 106 Protocol agrees that no fundamental review of these cases is currently required.

(f) Provisional Dates for Member Site Visits

The Director reported that given past difficulties that had occurred in arranging Member site visits, the Committee were asked to note that with the recent publication of the County Council s Calendar of Meetings for 2007/08, dates had been earmarked for Development Control Committee site visits should they be required. This Calendar had, however, not made provision for possible visits in April to June 2007/08 or April to May 2008 and dates for these months were suggested below to achieve a complete Calendar.

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

RESOLVED that the following dates be noted and adhered to if at all possible:-

14 February 2007 7 November 2007

4 April 2007* 19 December 2007

16 May 2007* 13 February 2008

27 June 2007 2 April 2008*

25 July 2007 14 May 2008*

26 September 2007 (Possibly Annual Members Tour)

(* dates not currently in the County Council Calendar of Meetings)

(g) Member Training

The Director reported on arrangements for the next Training Seminar for Members which was to be held on the morning of the next meeting of the Committee on Wednesday, 14 March 2007.

*133 Matters for Information

(a) Delegated Action

The Committee received the schedules of action taken by the Director of Environment, Economy and Culture under delegated powers (EEC/07/19/HQ - pdf EEC/07/19/HQ).

(b) Update Report on the Outcomes of Previous Strategic Planning/Highway Consultation Responses made by the County Council's Development Control Committee 24 January 2007

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/07/20/HQ - pdf EEC/07/20/HQ).

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 5.35pm

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

Date Published: Mon Jan 29 2007