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From the Parish Website 1996 13/03/14 M I N U T E S of the ORDINARY MEETING of The DEVIOCK PARISH COUNCIL held at THE COASTAL ZONE, DOWNDERRY at 7.30pm on Thursday, 13 th March 2014. PRESENT: Parish Cllrs. J. P. Candy, Chair, Seaton Ward * Ms. H. M. Brockbank, Downderry Ward S. J. Parry, Seaton Ward D. T. Parry, Hessenford Ward Mrs. A. Ratsey, Downderry Ward (from 20.08 hrs) Mrs. A. Robinson, Hessenford Ward Mrs. A. Thorpe, Hessenford Ward Mrs. M. C. Williams, Seaton Ward * Also Cornwall Councillor, Trelawny Division Sheryll Murray M.P. Tim Pullin (Parish Clerk) The Chair welcomed Sheryll Murray M.P. and members of the public to the meeting. 1. DECLARATION OF INTERESTS & REQUESTS FOR DISPENSATIONS TO SPEAK ON ITEMS ON THE AGENDA: 1.1. To receive declarations of interest from councillors on items on the agenda 1.1.1. The Chair declared a disclosable pecuniary interest relating to item 4.2.1. (PA14/00854), being a close friend of the applicant. 1.2. To receive requests for dispensations for disclosable pecuniary interests (if any) No requests were made. 1.3. To grant any requests for dispensations as appropriate It was noted that a dispensation had been granted at the November 2013 meeting for Cllr. S. J. Parry to speak for information on item 13.1.2. for a six month period from that meeting. 2. 10 MINUTE PUBLIC PARTICIPATION PERIOD for public comment on the items below: A member of the public addressed the meeting regarding item 15.1., stating that he had no confidence in the existing National Planning Inspectorate and that in his opinion it was an absurdity. Having written to Mr. Eric Pickles M.P. regarding this matter he had received no reply. He had subsequently had a letter published on this subject in the Western Morning News. 3. APOLOGIES: Apologies had been received from Cllr. R. J. Daniel, Cllr. Ms. M. E. Temlett (Vice-Chair) and Cllr. Mrs. Amanda Ratsey (for a possible late arrival). The Chair requested that item 15.1. (The Localism Agenda and Implimentation), be brought forward to before item 4; compliance with this request was proposed by Cllr. Mrs. A. Thorpe; seconded by Cllr. Mrs. M. C. Williams and agreed by the Meeting. 15.1. THE LOCALISM AGENDA AND IMPLIMENTATION – Mrs. Sheryll Murray M.P. The Chair shared the background to this item stating that the Parish Council felt that there was a current lack of democracy within the existing planning system. Too much power rested with individual planning inspectors who did not always give adequate weight to local decisions on planning applications. Often the planning inspector’s decision came down to a subjective interpretationFROM of policy. THE PARISH WEBSITE In response, Sheryll Murray M.P. addressed the Meeting, thanking councillors for having invited her to attend the meeting and stating that she shared the concerns of the Parish Council on these matters. 1997 13/03/14 ORDINARY MEETING OF 13 th March 2014 (Continued) 15.1. THE LOCALISM AGENDA AND IMPLIMENTATION (Continued) Mrs. Murray continued that her Government had come to power on a mandate of “Localism”, with the new policy of introducing Neighbourhood Plans for local councils being a part of this. Cornwall Council had been reticent on this issue being late to commence development of its Local Plan and therefore not ready to incorporate Neighbourhood Plans into this framework. Mrs Murray had complained to the Secretary of State regarding this and as a result support had been given to Cornwall Council in order for it to make progress with the Local Plan. Mrs. Murray stated that she could not comment on individual planning applications for wind turbines but that she was aware that the average appeal success rate was 50% but that one particular inspector’s rate of approving appeals was over 80%, which did present some concerns. According to Mrs. Murray tensions between the Department of Communities & Local Government and the Department of Energy and Climate Change was affecting the outcome of planning appeals for wind turbines and solar farms. Real localism needed to be applied with the views of local residents and councils being given more weight. Decisions should be made locally. The Secretary of State, Eric Pickles M.P. was calling in a random selection of appeal decisions for scrutiny. Mrs. Murray requested that the Chair keep her abreast of planning appeals that were in the pipeline so that these could be monitored. Cllr. D. T. Parry stated that due weight of local knowledge and opinion was not given in the appeal process by planning inspectors. In light of the successful judicial review by Norwich City Council, Cornwall Council should be urged to request this procedure in relation to the recent allowed appeals in Cornwall. The Chair stated that Mr. Phil Mason (Head of Planning & Regeneration, Cornwall Council) was currently seeking legal advice on this matter and that a decision had to be made by the next day whether to take this forward or not. Mrs. Murray stated that she was lobbying ministers and M.P.s for a change in policy regarding increasing the importance in which local views on planning applications were held. A two pronged attack was required from M.P.s and local councils. Watertight reasons for objecting to unsuitable development were required so that they would stand up to the appeal process. The Chair stated that changes needed to be made to the Planning Inspectorate system itself to prevent decisions being made by individual inspectors based on their own opinions. Mrs. Murray advised that these changes could only be a long term objective, and would require government legislation which would be a protracted process. The challenging of appeal decisions in the short term would need to be done by Judicial Review. The Chair suggested the suspension of Standing Orders for the continuation of item 15.1. only, in order that members of the public could comment on the item discussed, this was proposed by Cllr. D. T. Parry; seconded by Cllr. Mrs. A. Thorpe and agreed unanimously by the Meeting. A member of the public stated that Judicial Review was an expensive option and that the decision was not guaranteed as the review dealt only with whether the appeal process had been followed correctly and not necessarily with the opinions of the inspector. Review at the European Union courts was also an option. Cllr. Mrs. A. Ratsey joined the meeting at 20.08 hrs. FROM THE PARISH WEBSITE 1998 13/03/14 ORDINARY MEETING OF 13 th March 2014 (Continued) 15.1. THE LOCALISM AGENDA AND IMPLIMENTATION (Continued) On a different issue Mrs. Murray informed the meeting that a recent letter from Mr. Nick Boles (Under Secretary for Planning), stated that the past over supply of housing in particular areas would now be taken into account when determining future housing requirements. This would relieve some councils from pressure for over development. Existing empty, underused buildings and buildings that could be changed from commercial to domestic use would also be factored into the required future demand figures. Cllr. Mrs. M. C. Williams expressed concern that Neighbourhood Plans would not have the necessary teeth to prevent unwelcome development at odds with the Parish Council’s position. The plans had to line up with national and unitary policies and could be overruled. Mrs. Murray stated that she was aware of this problem and would be lobbying to ensure that the local views expressed in Neighbourhood Plans were given adequate significance in the planning process. Mrs. Murray suggested that the Clerk write to her on this matter in order strengthen her position when arguing for this. Mrs. Murray also informed the Meeting that the Government had just announced an additional £350 million of funding for schools. Schools in Cornwall would receive an extra £54.00 per pupil from April 2015. The Vice-Chair being absent from the meeting, the Chair (who would not chair the Planning Committee items on the agenda because of his role as Cornwall Councillor) requested that a proposal be made for a member to chair the Planning Committee items. Cllr. Mrs. M. C. Williams proposed that Cllr. D. T. Parry be Chair for these items; this was seconded by Cllr. Mrs. A. Robinson and agreed by the Meeting. 4. PLANNING: 4.1. PLANNING COMMITTEE: 4.1.1. Minutes of the Ordinary Meeting of 27th February 2014: It was proposed by Cllr. Mrs. M. C. Williams, seconded by Cllr. Ms. H. M. Brockbank and AGREED by the Meeting to accept the minutes as a correct record. 4.1.2. Matters arising from the Minutes: No matters were raised. 4.2. PLANNING APPLICATIONS: 4.2.1. PA14/00854 Miss Barbara Gaskin OUTBUILDING OPPOSITE TREGUNNICK FARMHOUSE, TREGUNNICK LANE, DEVIOCK Listed building consent for retention of alterations to roof of outbuilding within the cartilage of Tregunnick Farmhouse, namely replace asbestos sheet roofing with natural slate and rebuild damaged chimney in reclaimed brick (Case Officer – Roz Baker) C. Cllr. J. P. Candy left the meeting. Cllr. S. J. Parry proposed support of the application; this was seconded by Cllr. Mrs. A. Thorpe and agreed unanimously by the Meeting. C. Cllr. J. P. Candy rejoined the meeting. 4.2.2. PA14/02046 Mr Nigel Sylvester-Thorne ST ANNES, CHURCH HILL, HESSENFORD Application for works to trees within Conservation Area, namely, to fell six pine trees due to storm damage (Case Officer – Roz Baker) The Clerk informed members that this application would be decided by delegated authority on the adviceFROM of the County Forestry THE Officer and wasPARISH presented to councillors WEBSITEas a matter of information only.
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