Development Control

Committee Minutes

Wed Jan 23 2008

Related Documents:
agenda for these minutes

Present:-

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

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

Councillors Hart, B Hughes, S Hughes and Leadbetter

Apologies:-

Councillors Davies, Hosking and Radford

*202 Minutes

RESOLVED that the Minutes of the meeting held on 28 November 2007 be signed as a correct record.

*203 Urgent Business: Training for Development Control Committee Members

(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 drew attention to a training session arranged for Committee members for the morning of the next meeting on 12 March 2008 (10.30am 12.30pm) and the areas which were likely to be covered.

MATTERS FOR DECISION

*204 County Matters Minerals

South Hams District: Proposed Re-opening of Hemerdon Mine, Sparkwell

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

The Director of Environment, Economy and Culture referred to:

the announcement by Wolf Minerals of its intention to re-open Hemerdon Mine in order to extract tungsten and tin;

the planning permission for the winning and working of tungsten and tin at Hemerdon granted in June 1986 and its associated conditions and legal agreement requirements.

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

RESOLVED

(a) that the stated intention by the company to re-open the Hemerdon Mine be noted;

(b) that further reports be brought forward for consideration as and when necessary.

*205 County Matters Waste

(a) Waste Management: South Hams District: Review of Noise Conditions at Lapthorne Cross Waste Management Site, Dittisham

The Director of Environment, Economy and Culture:

referred to the Committee s consideration of an application to discharge condition 8 (noise management scheme) for this site at the 24 January 2007 meeting (Report EEC/07/6/HQ - pdf EEC/07/6/HQ and Minute* 129(d) refer) where it was resolved to grant approval of the noise monitoring scheme for a temporary 12 month period;

reported that the operator had now formally requested that condition 8 be permanently discharged using the same noise monitoring scheme that was temporarily approved and South Hams District Council as Environmental Health Authority had been consulted regarding this matter; and

circulated a letter of representation from a neighbouring resident detailing concerns over the currently operated scheme.

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

RESOLVED

(i) that the current position be noted;

(ii) that a site visit be held by the Chairman, Vice-Chairman and Councillor Wragg (with Councillor Tucker as reserve) on the afternoon of 13 February 2008 and a written report on this issue be submitted to the meeting on 12 March 2008.

(b) Waste Disposal: West Devon Borough: Proposed Infill of flooded quarry with inert material to raise the existing quarry floor level from 83.5m AOD to 90.9m AOD with restoration to fishing/boating lake in conjunction with leisure use approved under planning permission 0965/2000/TAV Wilminstone Quarry, Wilminstone, Tavistock

(Councillor McInnes declared a personal interest in this item by virtue of being a member of West Devon Borough Council)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/8/HQ - text only | pdf EEC/08/8/HQ) on a proposal to import inert waste to raise the floor level of a flooded former quarry at Wilminstone, Tavistock with restoration to fishing/boating lake.

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

RESOLVED that subject to prior completion of a legal agreement/unilateral undertaking to secure a bond for remediation of any extraordinary damage to the public highway and the segregation of traffic generated by the development and pedestrians/warning signs, the Director of Environment, Economy and Culture be authorised to grant planning permission subject to conditions including: temporary permission for 18 months; protection of wildlife; protection of nesting birds; noise; dust; pedestrian safety; implementation of highway scheme prior to commencement; survey monitoring; restriction on materials to be imported; hours of operation; and a detailed restoration scheme.

*206 County Council Development

(a) County Matter: Waste Disposal: East Devon District: Proposed Extension to Existing Recycling Centre at Woods Farm, The Bowd, Sidmouth

(Councillor Button declared a personal interest in this item by virtue of being a member of East Devon District Council and a member of that Council s Development Control Committee. 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. Councillors Nicholson and Wragg declared a personal interest in this item by virtue of being members of East Devon District Council)

(Mr Chandler, Senior Waste Manager Recycling Centres, DCC) attended and spoke to this item under the Council s Public Participation procedures)

(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/08/9/HQ - text only | pdf EEC/08/9/HQ) on a proposal for a small extension to the existing Recycling Centre at Woods Farm, The Bowd, near Sidmouth.

The Director of Environment, Economy and Culture reported the receipt of the further views of the Sidmouth Town Council.

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

RESOLVED that pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, the County Solicitor be authorised to grant planning permission subject to conditions relating to: temporary permission (to December 2012 only); development in accordance with application details; and the applicant being required to use his best endeavours to ensure that 3 parking spaces remain available for use by recreational users of adjacent footpaths and providing an alternative renewable energy supply rather than relying on generators.

(b) East Devon District and Exeter City: Construction of Cycle/Walkway as part of the Exe Estuary National Cycle Network No. 2 between Bowling Green Road in Topsham and Green Lane, Exton including the construction of a bridge over the River Clyst and smaller Bridge located adjacent to Hampstead Lane, and modification to bund in RSPB Goosemoor Nature Reserve, at Bowling Green Road, Topsham

(Councillor Button declared a personal interest in this item by virtue of being a member of East Devon District Council and a member of that Council s Development Control Committee. Councillor Clatworthy declared a personal interest in this item by virtue of being acquainted with some of the objectors. Councillor Hannaford declared a personal interest in this item by virtue of being a member of Exeter City Council. Councillor Wragg declared a personal interest in this item by virtue of being a member of East Devon District Council)

(Councillors B Hughes and Leadbetter attended and spoke to this item in accordance with Standing Order 25(2))

(Mr Ewings, Chief Engineer, Highways and Traffic, DCC, Mr Brown (Woodbury Parish Council), Mr Sharples (Green Lane Action Group) and Mr West 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/08/10/HQ - text only | pdf EEC/08/10/HQ) on a planning application for a cycle/walkway between Topsham and Exton forming part of the Exe Estuary National Cycle Network (NCN2).

The Director of Environment, Economy and Culture reported the receipt of:

representations from Exeter City Council and the RSPB;

a further 2 letters of support and 11 letters of objection.

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

RESOLVED that consideration of the application be deferred for a site visit by the full Committee on the morning of 13 February 2008.

(c) East Devon District: Revised Alignment of Proposed Cycle/Walkway, forming part of the Exe Estuary National Cycle Route at land near Station Road, Exton (Woodbury Parish)

(Councillor Button declared a personal interest in this item by virtue of being a member of East Devon District Council and a member of that Council s Development Control Committee. Councillor Wragg declared a personal interest in this item by virtue of being a member of East Devon District Council)

(Mr Ewings, Chief Engineer, Highways and Traffic, DCC and Mr Brown (Woodbury Parish Council) attended and spoke to this item under the Council s Public Participation procedures)

(Councillor B 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/08/11/HQ - text only | pdf EEC/08/11/HQ) on a planning application for provision of an alternative alignment of the northern termination of the approved cycle/walkway running between Lympstone and Exton.

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

RESOLVED that the County Solicitor be authorised pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, to grant planning permission subject to conditions relating to: standard commencement; development in accordance with application details; colours and materials to be used in external surfaces of structures; watercourse pollution measures during construction; ecological monitoring and mitigation; approval of minor artefacts and structures and approval of fencing details.

(d) East Devon District: Proposed Partial Demolition of Existing School Buildings and Construction of Two-Storey School Building and Installation of Temporary Classrooms at Ottery St Mary Primary School, Longdogs Lane, Ottery St Mary

(Councilor Button declared a personal interest in this item by virtue of being a member of East Devon District Council and a member of that Council s Development Control Committee. 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 Wragg declared a personal interest in this item by virtue of being a member of East Devon District Council)

(Mr Cooper, Children and Young People s Services - Strategic Planning, DCC 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/08/12/HQ - text only | pdf EEC/08/12/HQ) on the proposed redevelopment and enlargement of Ottery St Mary Primary School and viewed a computer generated model/ fly through of the development.

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

RESOLVED that subject to a contribution being made to off-site highway improvements and the Environment Agency being satisfied on the proposed drainage arrangements, the Director of Environment, Economy and Culture be authorised pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, to grant planning permission subject to conditions including: standard commencement; details of external materials; drainage; approval of Construction Environment Management Plan; revised School Travel Plan; traffic calming measures; landscaping and removal of temporary classrooms upon occupation of new school buildings.

(e) West Devon Borough: Proposed Cycleway/Walkway crossing of A386 and a private drive and provision of car parking at Meeth Halt, Station Road, Meeth, Hatherleigh

(Councillor McInnes declared a personal interest in this item by virtue of being a member of West Devon Borough Council)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/13/HQ - text only | pdf EEC/08/13/HQ) on an application for a cycle crossing of the A386 and other works in association with an existing cycle way from Meeth to Great Torrington.

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

RESOLVED that the County Solicitor, pursuant to the provisions of Regulation 3 of the Town and Country Planning General Regulations 1992, be authorised to grant planning permission subject to conditions including: standard time limit; compliance with submitted plans; compliance with submitted Hedgerow Treatment Scheme; and the use of an appropriate high friction surface.

*207 Other Matters

Department for Communities and Local Government

Publication of Supplement to Planning Policy Statement 1

Planning and Climate Change

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/17/HQ - text only | pdf EEC/08/17/HQ) on the publication by the DCLG of the supplement to PPS1 Planning and Climate Change and its implications for future County Council development management decisions.

The PPS on Climate Change supplemented the overarching planning policies on the delivery of sustainable development through the planning system in PPS1 by setting out how planning should contribute to reducing emissions and stabilising climate change and take into account the unavoidable consequences.

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

RESOLVED that the publication of the Supplement to PPS1 Planning and Climate Change be noted and welcomed and its contents be taken into account in future development decisions.

*208 Planning/Highway Consultations

(a) Mid Devon District: Proposed Installation of 4 Wind Turbine Generators (110m Tip Height) with Associated Crane Pads, Access Tracks, Anemometer Mast, Electrical Control Building and Associated Infrastructure, Land at Bickham Moor, Oakford

(Councillor Yabsley attended and spoke to this item in accordance with Standing Order 25(2). He declared a prejudicial interest in this item by virtue of his brother being the applicant for another wind turbine application. However, in accordance with Paragraph 12(2) of the Members Code of Conduct, he remained present for the purpose of making representations on behalf of his constituents and withdrew before a decision was taken. Councillor Yabsley also declared a personal interest in this item by virtue of being a member of North Devon District Council on the basis that this Council s area adjoined the application site)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/14/HQ - text only | pdf EEC/08/14/HQ) on a proposal for 4 wind turbines (each typically up to 3 Megawatts (MW) in capacity), ancillary equipment and on site infrastructure for a period of 25 years for the purposes of generating electricity through wind power at Bickham Moor, Oakford.

The Director of Environment, Economy and Culture reported the receipt of 2 letters of support (one of which was circulated at the meeting) and a further 39 letters of objection.

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

RESOLVED that consideration of the application be deferred for a site visit by the full Committee on 20 February 2008.

(b) North Devon District: Proposed Installation of 9 Wind Turbine Generators (105m Tip Height) with Transformer Enclosures, Substation Building, Anemometer, Access Tracks and Ancillary Equipment, Land at Pauls Moor, Wester Bullaford and West Moor North of Knowstone, South Molton

(Councillor Yabsley attended and spoke to this item in accordance with Standing Order 25(2). He declared a prejudicial interest in this item by virtue of his brother being the applicant for another wind turbine application. However, in accordance with Paragraph 12(2) of the Members Code of Conduct, he remained present for the purpose of making representations on behalf of his constituents and withdrew before a decision was taken. Councillor Yabsley also declared a personal interest in this item by virtue of being a member of North Devon District Council. Councillors Cann and Tucker declared a personal interest in this item by virtue of being members of North Devon District Council)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/15/HQ - text only | pdf EEC/08/15/HQ) on a proposal for 9 wind turbines (each typically up to 2 Megawatts (MW) in capacity), ancillary equipment, and on site infrastructure for a period of 25 years for the purposes of generating electricity through wind power at Pauls Moor, Wester Bullaford and West Moor, Knowstone near South Molton.

The Director of Environment, Economy and Culture reported the receipt of 2 letters of support and a further 12 letters of objection.

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

RESOLVED that consideration of the application be deferred for a site visit by the full Committee on 20 February 2008.

(c) South Hams District: Proposed Construction and Operation of Three (1.3 1.65 MW) Wind Turbines, up to 100m in Height, Including Construction of Substation, Access Tracks and Associated Works at Beech Tree Farm, North of Goveton, Sandy Lane End, East Allington Near Kingsbridge (Amended Scheme)

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/16/HQ - text only | pdf EEC/08/16/HQ) on a resubmission of a proposal for the construction of three (1.3 1.65 MW) wind turbines at East Allington, some 3 km north of Kingsbridge.

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

RESOLVED that South Hams District Council be advised that Devon County Council:

(i) as Strategic Planning Authority, whilst recognising the possible renewable energy and economic benefits of the development, considers that the benefits of this scheme are outweighed by the adverse impact of a development of this scale on the character and setting of the designated South Devon Area of Outstanding Natural Beauty and the Area of Great Landscape Value, and as such is considered to be contrary to the provisions of Devon Structure Plan Policies CO3 and CO4;

(ii) as the Local Highway Authority raises no objection to the submitted aspects of the proposal, subject to imposition of conditions requiring the submission and implementation of a scheme for traffic management during the construction phase of the development; and the approval of full details of the new site access from the A381; but the Highway Authority is however unable to provide a final view until details are provided about how it is intended that the turbine components will be delivered to the site;

(iii) that should the District Council nevertheless be minded to grant planning permission for the development, this should be subject to the prior completion of a Section 106 Agreement relating to a financial guarantee to secure the removal and restoration in the event of prior cessation of operation; the completion of a Section 106 and/or Section 278 agreement to secure likely offsite highway works and traffic management during the construction and decommissioning stage of the development; and subject also to the imposition of conditions which allow a 25 year permission and reinstatement; to provide mitigation measures to be put in place to protect hedgerows and Protected Species; to enable the monitoring of groundworks in order to record features of archaeological interest; to specify acceptable noise limits, monitor these and provide necessary mitigation when these are exceeded; and, also that the application should be referred to the Government Office South West as a departure from the Devon Structure Plan as referred to in (i) above.

*209 Other Matters (Continued)

Department for Communities and Local Government Good Practice and Guidance

Validation of Planning Applications Guidance for Local Planning Authorities

Further to discussion at the recent members training seminar, the Director of Environment, Economy and Culture gave an update on the position regarding Government proposals relating to the proposed local validation checklist for use prior to the registration of planning applications.

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

RESOLVED to note:

(a) the consultations taking place regarding a local validation checklist to accompany planning applications;

(b) the proposed submission of a report to the meeting on 12 March 2008 seeking approval of the checklist with a view to its introduction on 6 April 2008 in conjunction with a new standard planning application form.

*210 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 2007

The Committee considered the report of the Director of Environment, Economy and Culture (EEC/08/18/HQEEC/08/18/HQ) outlining the County Council s performance in the handling of County Matter and County Council development planning applications in the period 1 October - 31 December 2007.

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

RESOLVED

(i) to note the report;

(ii) to note the current position regarding the three applications where the issue of decisions remains outstanding at the end of the quarter pending the completion of Section 106 and other legal agreements, as set out in Section 4 of this report, and in accordance with the Committee's approved Section 106 Protocol agree that no fundamental review of these cases is currently required.

MATTERS FOR INFORMATION

*211 Delegated Action

The Committee received and noted the schedules of action taken by the Director of Environment, Economy and Culture under delegated powers (EEC/08/19/HQ - text only | pdf EEC/08/19/HQ).

*212 Update Report on the Outcomes of Previous Strategic Planning/Highway Consultation Responses made by the County Council's Development Control 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/08/20/HQ - text only | pdf EEC/08/20/HQ).

*DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 5.05pm

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

Date Published: Tue Jan 29 2008