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Agenda for Development Management Committee Tuesday, 3 June 2014; 2.00Pm

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Agenda for Development Management Committee Tuesday, 3 June 2014; 2.00pm Members of the Committee East Devon District Council The Development Manager will be running a refresher Knowle training session open to all Councillors starting at 10.30am Sidmouth Devon in the Chamber. EX10 8HL DX 48705 Sidmouth Venue: Council Chamber, Knowle, Sidmouth, EX10 8HL Tel: 01395 516551 View directions ; View public speaking arrangements Fax: 01395 517507 www.eastdevon.gov.uk Contact: Hannah Whitfield, 01395 517542 (or group number 01395 517546): Issued 22 May 2014 The Committee will break for 15 minutes at approximately 4.30pm, if required. 1 Minutes for 6 May 2014 and additional meeting 8 May 2014 (page 3 - 19) 2 Apologies 3 Declarations of interest 4 Matters of urgency – none identified 5 To agree any items to be dealt with after the public (including press) have been excluded. There are no items that officers recommend should be dealt with in this way. 6 Item 6 – Planning appeal statistics (page 20 - 24) Development Manager 7 Item 7 – Open Space Study Review 2014 (page 25 - 80) Planning (Policy) Officer 8 Item 8 – Delegated authority for Deeds of Variation and minor post decisions (page 81 - 85) Development Manager Applications for determination 9 14/0471/FUL (page 86 - 92 ) Woodbury and Lympstone Rydon Farm, Rydon Lane, Woodbury EX5 1LB 10 14/1111/GPD & 14/1071/CPL (page 93 - 96 ) Sidmouth Sidford 212 Manstone Avenue, Sidmouth Mark Williams, Chief Executive Denise Lyon, Deputy Chief Executive and Monitoring Officer Richard Cohen, Deputy Chief Executive 11 14/0462/VAR (page 97 - 107 ) Ottery St Mary Town Former Marist Convent. 8 Broad Street, Ottery St Mary EX11 1BZ 12 14/0160/FUL (page 108 - 119 ) Ottery St Mary Rural Land to the rear of Crantock, West Hill Road, West Hill EX11 1TU 13 14/0773/FUL (page 120 - 132) Honiton St Pauls 60 High Street, Honiton EX14 1PQ 14 14/0875/COU (page 133 - 138) Honiton St Michaels Units 115 & 116 (former Sita depot), Border Road, Honiton 15 14/0930/FUL (page 139 - 145) Exmouth Town Exmouth Rugby Club, Imperial Road, Exmouth EX8 1DG 16 14/0367/FUL (page 146 - 151) Exmouth Town Workshop to the rear of 9 Morton Crescent, Exmouth 17 14/0657/COU (page 152 - 157) Budleigh Salterton Land to the rear of Woodhayes, 29A East Budleigh Road, Budleigh Salterton EX9 6EJ 18 14/0321/FUL (page 158 - 166) Broadclyst Land to the west of Churchside, Clyst Honiton Decision making and equalities For a copy of this agenda in large print, please contact the Democratic Services Team on 01395 517546 Agenda 2 EAST DEVON DISTRICT COUNCIL Minutes of a meeting of the Development Management Committee held at the Council Chamber, Knowle, Sidmouth, on Tuesday 6 May 2014 Committee Councillors: Members Helen Parr (Chairman) David Key (Vice Chairman) Present: Mike Allen Geoff Chamberlain David Atkins Peter Burrows Alan Dent Vivien Duval Steer Martin Gammell Mike Howe Geoff Pook Ken Potter Peter Sullivan Mark Williamson Also Councillors: present: Iain Chubb Steve Gazzard Graham Godbeer Andrew Moulding Pauline Stott Eileen Wragg Officers: Jamie Buckley, Engagement and Funding Officer Ed Freeman, Development Manager Henry Gordon Lennox, Principal Solicitor Hannah Whitfield, Democratic Services Officer Apologies: Committee Members Non-Committee Members Councillors: Councillors: Tony Howard Derek Button Ben Ingham Trevor Cope Jill Elson Pat Graham Phil Twiss The meeting commenced at 11am and ended at 3.38pm. Agenda 3 Development Management Committee, 6 May 2014 *73 Minutes The Chairman advised Members of a correction to the Schedule for the Development Management Committee meeting held on 25 March. The Committee had agreed the following recommendation in respect of application 13/2447/MOUT (Pinn Court Farm, Pinn Court Lane, Pinhoe) which had been omitted from the Schedule: that the Development Management Committee agrees to reason 1 for refusal (highways) in respect of determined application 12/0795/MOUT not being determined at the current appeal. With the inclusion of the above resolution in the Schedule for the meeting of the 25 March, the minutes of the Development Management Committee meetings held on 25 March, 1 April and 3 April 2014 were agreed and signed as a true record. *74 Annual Appeals Status Report The Committee considered the Development Manager’s report which provided an overview of the results of planning appeals for the year from April 2013 to March 2014. The Committee Members noted that of 57 appeals decided in the last year (up from 40 decisions the previous year) only 26.3% had been allowed, compared with the national average of 35%. 73.7% of appeals had been dismissed. The Committee considered that this reflected the consistency and the quality of the decision making process. The Development Manager advised that the majority of planning appeals were dealt with by written representations. One appeal dealt with by Public Inquiry was dismissed. Six appeals were dealt with by means of a Hearing of which four were dismissed and two were allowed. The importance of analysing Inspector’s decisions and the implementation of any necessary changes in policy in accordance with the National Planning Policy Framework, during the decision making process was highlighted. Reason given to refuse a planning application needed to be both justified and defendable – if an appeal was lodged and a reason could not be justified it was likely that an application for an award of costs against the Council would be successful. The financial implications related to cases where application for costs had been made and granted were outlined. In response to questions from Committee members the Development Manager advised that: Of the 15 appeals allowed, 12 were delegated decisions and 3 were Committee decisions. Of the 3 Committee decisions, 2 were refused against officer recommendation. The total cost, including officer time, for dealing with appeals was not calculated. The Committee was advised that limited officer resource was required for appeals dealt with through written representations compared with those that were dealt with through a Hearing or Public Inquiry which could involve officers for days. Inspector’s decisions were noted and lessons were learnt from those cases that had been allowed on appeal. Agenda 4 Development Management Committee, 6 May 2014 *74 Annual Appeals Status Report cont... RESOLVED: that the Development Management Committee notes the Annual Appeals Status report. *75 Planning appeal statistics The Committee received and noted the report of the Development Manager setting out appeals recently lodged and appeal decisions notified. The Development Manager advised that of the 6 appeals decided, 2 had been allowed and 4 had been dismissed. The Committee had noted the outcome of the Public Inquiry for the 4 appeals for major housing developments in Feniton at the last meeting; Members were encouraged to read the decision. The Committee’s attention was drawn to the appeal allowed in Ebford for the construction of a detached dwelling. The Inspector had overruled the countryside protection and sustainability reasons for refusal. An application of costs had been dismissed. The Committee also noted that an appeal to vary a condition to allow the provision of 6 additional residential pitches at Hawkwell Park in Hawkchurch was dismissed. The Inspector had upheld sustainability reasons. 76 Sustainable Communities Act Proposals 2013 The Committee considered the Community Engagement and Funding Officer’s report outlining a proposal submitted under the Sustainable Communities Act and inviting the Committee to consider recommending to Council that the proposal be submitted to national government for consideration. The Sustainable Communities Act offered communities the opportunity to put forward proposals which contributed to the sustainability and wellbeing of local areas. Having taken part in this opportunity in 2009, the Council had decided to take part again in 2013. Members were advised that of the two eligible proposals put forward by East Devon communities, one had been approved by the East Devon Community Panel. The proposal sought to ask national government to consider setting a maximum amount the Council and appellant could spend on a planning appeal – the amount to be determined by an independent review. The aim of the proposal, which was set out in detail in the Committee report, was to rebalance the planning system and save the Council money. The Principal Solicitor and Development Manager’s views on the proposal were contained within the Committee report. Points raised during discussion on the proposal included: Costs associated with individual appeals varied – appeals dealt with through written representation generally did not require significant officer resource whereas a public inquiry could involve a number of officers. There was no fee for making an appeal, however the applicant had to cover their own costs. The current appeal system was considered to be undemocratic. If a developer had acted unreasonably the Council had the ability to submit an application for costs. The Council had made successful applications in the past. Any decision for refusal needed to be robust and defendable – the risk of costs should not inform decision making. Agenda 5 Development Management Committee, 6 May 2014 76 Sustainable Communities Act Proposals 2013 cont... Applicants legally had the right to appeal and that it should be their choice as to who represented them. There was an opportunity to limit the costs awarded against either Council or the appellant for unreasonable behaviour rather the total amount that could be spent of a planning appeal. The Council should submit the communities’ proposal as written. RECOMMENDATION: that the Development Management Committee recommends to Council that the proposal around planning appeal costs outlined in the Committee report be submitted to government using the Sustainable Communities Act, subject to an amendment that the limitation on costs should apply to cost awards for unreasonable behaviour only.
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