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3 at a Meeting of the PLANNING & LICENSING COMMITTEE Held At At a Meeting of the PLANNING & LICENSING COMMITTEE held at the Council Chamber, Council Offices, Kilworthy Park, Drake Road, TAVISTOCK on TUESDAY the 16th day of DECEMBER 2014 at 10.00 am. Present: Cllr C M Marsh – Chairman Cllr M J R Benson – Vice-Chairman Cllr R E Baldwin Cllr W G Cann OBE Cllr C Hall Cllr L J G Hockridge Cllr T G Pearce Cllr J Sheldon Cllr D Whitcomb Development Manager Planning Team Leader Senior Planning Officer Solicitor (Mrs B Fowlds) Committee & Ombudsman Link Officer In attendance: Cllr S Bailey Cllr D Cloke Cllr D Horn Cllr A Leech Cllr J Moody Cllr R Musgrave P&L 38 APOLOGY FOR ABSENCE An apology for absence was received from Cllr D M Wilde. P&L 39 DECLARATIONS OF INTEREST Cllr M J R Benson – Applications 01065/2014 and 00998/2014 – Personal – Member of Bere Ferrers Parish Council Cllr C Hall – Application 01250/2014 – Personal – Ward Member Cllr L J G Hockridge – Application 00726/2014 – Personal – Ward Member Cllr T G Pearce – Personal – Member of the Devon Building Control Partnership Cllr J Sheldon – Application 00860/2014 – Personal – Ward Member *P&L 40 CONFIRMATION OF MINUTES The Minutes of the Meeting held on 21st October 2014 (page 3 to the Agenda), were confirmed and signed by the Chairman as a correct record. *P&L 41 PLANNING, LISTED BUILDING AND ENFORCEMENT REPORTS The Committee considered the applications prepared by the Development Manager (page 12 to the Agenda) and considered also the comments of Parish Councils together with other representations received, which are noted below, and RESOLVED: 3 PLANNING APPLICATION REPORT Case Officer: Jeremy Guise Ward: Bere Ferrers Ward Members: Cllrs M Benson: R Musgrave Application No: 01065/2014 Agent/Applicant: Applicant: Ward and Chowen Mr T Young Mr J Spiers Clamoak Farm Tavistock Livestock Centre Bere Alston Whitchurch Road Yelverton Tavistock Devon Devon PL19 8AA PL20 7BU Site Address: Clamoak Farm, Bere Alston, Yelverton, Devon, PL20 7BU Development: Temporary siting of caravan for an agricultural worker. Reason item is being put before Committee Cllr M Benson (Ward Member): Bere Ferrers Parish Council’s Planning Committee objected to application number 01065/2014 for the temporary siting of a caravan for an agricultural worker at Clamoak Farm, Bere Alston PL20 7BU. Their reason for objection is the location within the area, as it is in their opinion in a prominent position within the conservation area of Weir Quay and would be better located closer to nearby barns and I support that view. Local residents have also raised questions over the sale of a tied cottage that was sold recently within the same location and why another tied property is now required. I would like this application to go before the P&L committee. Recommendation: Conditional planning permission be granted Conditions 1. Time limit 2. Approved plan numbers 3. Materials 4. Details of landscaping 5. Implementation of landscaping Key issues for consideration: - The design and appearance of the proposed extensions, including its impact upon the street scene - The impact of the proposed dwelling upon the amenities of neighbouring residential property - The adequacy of access arrangements and impact upon the highway network The site is located in open countryside where planning permission is not normally granted for new dwellings. Some policy provision exists for exceptions to this general presumption, where is can be demonstrated that strict set of criteria are met. These are set out in H31 and H32. 4 The agricultural justification for the mobile home has been assessed by the council’s agricultural advisor who found no essential need for a new agricultural dwelling in this location. As the provisions in policies H31 and H32 are to provide for exceptions to the prevailing policy regime, which is against development in the open countryside, it is not considered that conditions can be used to overcome the fundamental policy conflict. The proposed mobile unit, by reason of its use, location and lack of essential need, constituted an unjustified new residential unit in the open countryside and as such is contrary to Development Plan Policies NE10, H31, H32 of the West Devon Borough Council Local Plan Review SP1, SP5 of the adopted core strategy and paragraph 55 of the NPPF. The Case Officer advised the Committee that the three indented paragraphs following the key issues sub-heading (page 14 to the Agenda) and the second paragraph given under the County Highways consultation (page 15 to the Agenda) should be disregarded and they had been erroneously included within the report. The Proposal: Planning permission is sought for a mobile home for an agricultural worker for a temporary period of 3 years. Beyond a square shaped plot with a rectangular shaped indication of a position for ‘mobile home’ the application does not provide details of appearance. The proposed dwelling is shown with a new access onto the farm track, to the north of the existing track for the recently completed farm building, which is located immediately to the north east. Consultations: County Highways Authority Bere Ferrers Parish Council Tamar Valley AONB Agricultural Appraiser Representations – 4 representations received SPEAKERS: Mr J Ellis – Objector Mr T Young – Applicant It was then moved by the Chairman, seconded by the Vice-Chairman, that the application be granted conditionally and upon being put to the vote, the motion was lost. The Committee was cognizant of the independent agricultural appraiser’s professional opinion. Further, the Committee also had some sympathy with the purpose behind the application and the aspirations attached thereto but also considered that in granting the application it would have a detrimental impact upon the Tamar Valley AONB, particularly as the chosen site was in a prominent position. It was then moved and seconded that the application be refused and upon being put to the vote the application was REFUSED for the following reasons: 1. The proposed scheme by reason of its siting in an exposed landscape location within the Tamar Valley AONB, would have an unacceptable detrimental impact upon the character and special qualities of the AONB. There was no over-riding justification for this siting. As such, the proposal is 5 contrary to policies NE10 and H32 of the West Devon Local Plan, SP17 of the Core Strategy and the guidance contained within the NPPF. PLANNING APPLICATION REPORT Case Officer: Jeremy Guise Ward: Hatherleigh Ward Member: Cllr C Hall Application No: 01250/2014 Agent/Applicant: Applicant: Robert H Hicks & Co Mr I Balsdon Mrs H Merritt Reed Farm West Hele Hatherleigh Buckland Brewer Okehampton Bideford Devon Devon EX20 3LH EX39 5LX Site Address: Reed Farm, Hatherleigh, Okehampton, Devon, EX20 3LH Development: Erection of agricultural workers dwelling. Reason item is being put before Committee Cllr Hall (Ward Member) - I would like this application to come to committee on the grounds that I have no objections to the development and believe the dwelling could only give sustainability to this rural business and help it move forward. This is also supported by the Town Council. REFUSED for the following reasons: 1. Whilst there is a functional need in relation to the applicant’s total land holdings and enterprise at Hatherleigh for an additional full time worker, this application has not adequately demonstrated that there is not alternative accommodation nearby in Hatherleigh which is suitable and available for occupation instead of the proposed dwelling, i.e. it has not been demonstrated that another dwelling is required on-site. For this reason the development would not meet all of the criteria set out in the Local Plan Policy H31 and the proposal would not accord with NPPF policy set out in paragraph 55. 2. The size and scale of the proposed dwelling is excessive in relation to its stated function in providing modest accommodation for a second farm worker at the farm. This potentially makes it more difficult to ensure that it remains agriculturally tied and available for a farm worker in perpetuity. As such it is contrary to Policy H31 of the West Devon Local Plan. Key issues for consideration: Whether there has been a clear need demonstrated for an agricultural workers dwelling against Local Plan H31 in this outline submission. Site Description: The 0.01ha diamond shaped site lies approximately 340m east from the Hatherleigh settlement boundary and is presently an open grazing field neighbouring Reed farm 6 house. The land rises slightly along Sanctuary Lane as the application land is on higher ground level as compared to neighbouring Reed farm house. There is currently hedgerow cover between Sanctuary Lane and the site along the boundary and the site. The nearest neighbouring property (named Yollaberry) is located approximately 380m distance away, towards the south western direction. The site is considered to be set in open countryside and is not covered by any designation. The Proposal: Planning permission is sought for the erection of an agricultural workers dwelling. Plans show ‘T’ shaped bungalow containing: entrance lobby, WC, lounge/dining room/kitchen, utility room, bathroom, three bedrooms, wet room, boiler room and a large garage. Externally the building would have rendered concrete block walls interlocking concrete tile roof. A large garage and parking area is shown in the front. The submission has been accompanied by an agricultural appraisal highlighting the applicants need for another agricultural worker conditioned dwelling to accommodate
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