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(Public Pack)Agenda Document for Planning Committee, 10/02/2021

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(Public Pack)Agenda Document for Planning Committee, 10/02/2021 Public Document Pack North Devon Council Brynsworthy Environment Centre Barnstaple North Devon EX31 3NP K. Miles Chief Executive. PLANNING COMMITTEE A meeting of the Planning Committee will be held as a Virtual – Online meeting on WEDNESDAY, 10TH FEBRUARY, 2021 at 10.00 am. Members of the Committee Councillor Ley (Chair) Councillors Chesters, Crabb, Davies, Fowler, Gubb, Lane, Leaver, Luggar, Mackie, Prowse, D. Spear, L. Spear, Tucker and Yabsley AGENDA 1. Virtual meetings procedure - briefing and etiquette. Chair to report. 2. Apologies for absence 3. To approve as a correct record the minutes of the meetings held on 13th January 2021 and 20th January 2021. (Pages 5 - 12) 4. Items brought forward which in the opinion of the Chair should be considered by the meeting as a matter of urgency 5. Declaration of Interests (Please complete the form provided at the meeting or telephone the Corporate and Community Services Team to prepare a form for your signature before the meeting. Items must be re-declared when the item is called, and Councillors must leave the room if necessary) PART A 6. 66135: Outline application for erection of one Local Needs dwelling & access (some matters reserved) (amended plans) at: Barleycott, Muddiford, Barnstaple, Devon, EX31 4ES. (Pages 13 - 44) Report by Senior Planning Officer (North) (attached). 7. 71660: Outline application for up to 59 residential units and associated infrastructure, some matters reserved (appearance, landscaping, layout and scale) (additional information) at Land at Chivenor Cross, Chivenor, Braunton EX31 4BN (Pages 45 - 126) Report by Senior Planning Officer (North) (attached). 8. Appeals Report (Pages 127 - 154) To consider the appeals report (attached). PART B (CONFIDENTIAL RESTRICTED INFORMATION) Nil. If you have any enquiries about this agenda, please contact Corporate and Community Services, telephone 01271 388253 NOTE: Pursuant to Part 3, Annexe 1, paragraph 3 of the Constitution, Members should note that: "If a Member: (a) Arrives at a meeting during the consideration of an item; or (b) Leaves a meeting at any time during the consideration of an item; They shall not: (i) propose or second any motion or amendment; or (ii) cast a vote 2.02.21 2 North Devon Council protocol on recording/filming at Council meetings The Council is committed to openness and transparency in its decision-making. Recording is permitted at Council meetings that are open to the public. The Council understands that some members of the public attending its meetings may not wish to be recorded. The Chairman of the meeting will make sure any request not to be recorded is respected. The rules that the Council will apply are: 1. The recording must be overt (clearly visible to anyone at the meeting) and must not disrupt proceedings. The Council will put signs up at any meeting where we know recording is taking place and a reminder will be issued at the commencement of virtual meetings. 2. The Chairman of the meeting has absolute discretion to stop or suspend recording if, in their opinion, continuing to do so would prejudice proceedings at the meeting or if the person recording is in breach of these rules. 3. We will ask for recording to stop if the meeting goes into ‘part B’ where the public is excluded for confidentiality reasons. In such a case, the person filming should leave the room ensuring all recording equipment is switched off. In a virtual meeting the public will be excluded from the meeting while in Part B. 4. Any member of the public has the right not to be recorded. We ensure that agendas for, and signage at, Council meetings make it clear that recording can take place – anyone not wishing to be recorded must advise the Chairman at the earliest opportunity. Public contributions to virtual meetings will be recorded, unless, at the Chair’s discretion, recording is deemed in appropriate in accordance with point 2 above. 5. The recording should not be edited in a way that could lead to misinterpretation or misrepresentation of the proceedings or in a way that ridicules or shows a lack of respect for those in the recording. The Council would expect any recording in breach of these rules to be removed from public view. Notes for guidance: Please contact either our Corporate and Community Services team or our Communications team in advance of the meeting you wish to record at so we can make all the necessary arrangements for you on the day. For more information contact the Corporate and Community Services team on 01271 388253 or email [email protected] or the Communications Team on 01271 388278, email [email protected]. 3 Meeting Etiquette Reminder for Members Members are reminded to: Join the meeting at least 10-15 minutes prior to the commencement to ensure that the meeting starts on time. Behave as you would in a formal committee setting. Address Councillors and officers by their full names. Do not have Members of your household in the same room. Be aware of what is in screen shot. Mute your microphone when you are not talking. Switch off video if you are not speaking. Only speak when invited to do so by the Chair. Speak clearly (if you are not using video then please state your name) If you’re referring to a specific page, mention the page number. Switch off your video and microphone after you have spoken. The only person on video will be the Chair and the one other person speaking. Only use the Chat function to register that you wish to speak or to move or second a motion. Virtual attendance by members of the public If members of the public wish to attend virtually, please contact Corporate and Community services on 01271 388253 or [email protected] by 12pm on the Monday preceding the meeting. 4 Public Document Pack Agenda Item 3 Planning Committee - 13 January 2021 NORTH DEVON COUNCIL Minutes of a meeting of Planning Committee held at Virtual - Online meeting on Wednesday, 13th January, 2021 at 10.00 am PRESENT: Members: Councillor Ley (Chair) Councillors Chesters, Davies, Gubb, Lane, Leaver, Luggar, Mackie, Prowse, D. Spear, L. Spear, Tucker and Yabsley Officers: Solicitor (Legal Officer), Lead Planning Officer (North) and Senior Planning Officer Also Present: Councillor Wilkinson 131. VIRTUAL MEETINGS PROCEDURE - BRIEFING AND ETIQUETTE The Chair outlined the virtual meeting procedure and etiquette to the Committee and attendees. The Senior Corporate and Community Services Officer confirmed the names of those Councillors and officers present and advised that members of the public were also in attendance to address the Committee or listen to proceedings. 132. APOLOGIES FOR ABSENCE No apologies for absence were received. 133. TO APPROVE AS A CORRECT RECORD THE MINUTES OF THE MEETING HELD ON 9TH DECEMBER 2020 RESOLVED that the minutes of the meetings held on 9th December 2020 (circulated previously) be approved as a correct record and signed by the Chair with the amendment to minute 130 as follows: “RESOLVED that (unanimous) recommendation 2.1.4 “Accept no compromise on the Section 106 and pursue delivery of five affordable dwellings and £118,201” be sought as per section 2.1.4 in the report by the Head of Place.” In response to a question from the Committee, the Solicitor (DH) confirmed that Ward Members could not attend confidential discussions (under Part B rules) in relation to an application in their ward. Only those on the Committee could be privy to ‘Part B’ discussions. 1 Page 5 Agenda Item 3 Planning Committee - 13 January 2021 134. DECLARATION OF INTERESTS No declarations of interest were declared. 135. 71660: OUTLINE APPLICATION FOR UP TO 59 RESIDENTIAL UNITS AND ASSOCIATED INFRASTRUCTURE, SOME MATTERS RESERVED (APPEARANCE, LANDSCAPING, LAYOUT AND SCALE) (ADDITIONAL INFORMATION). The Committee considered a report by the Head of Place (circulated previously). The Senior Planning Officer (MB) advised the Committee of two typographical errors within the report. The site description on page 12 should have stated 3.1ha and not 31ha and that reference to heritage asset on page 67 paragraph 4 should have stated “slight impact of heritage asset”. Rupert Pilkington (objector), Councillor S. Crowther (Heanton Punchardon Parish Council), Sue Prosper (Chair of Love Braunton) and Penny Mills (Devon CPRE (Campaign to Protect Rural England)) addressed the Committee. The Senior Corporate and Community Services Officer read a statement from the applicant to the Committee. David Relph (Braunton Parish Council) addressed the Committee. In response to questions from the Committee, Senior Planning Officer (MB) advised: The Authority had a shortfall in its five-year housing land supply. There was scope for this application to assist in addressing this shortfall. The report was drafted based on careful consideration of a tilted balance due to the lack of a five year land supply. A recent High Court decision, as referred to by Cllr Crowther, was not believed to affect this recommendation. The size and mix of buildings of various sizes and types on the site would be considered under the reserved matters. The planning conditions set out a 24 month period for seeking reserved matter permission. Lead Planning Officer (North) (BP) advised the Committee that the report from the Housing Enabling Officer did not confirm whether a Housing Needs Survey had been carried out, but that one would have been requested on an exception site. In response to questions from the Committee, Senior Planning Officer (MB) advised: The site was not considered to be an exception site. Provision had been made for 30% affordable housing. 2 Page 6 Agenda Item 3 Planning Committee - 13 January 2021 A previous application on the site (63047) had been refused in 2018. At that time it had been refused under the previous Local Plan for a number of reasons.
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