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Minutes of a meeting of Town Council Planning Committee held in the Council Chamber on Tuesday 3th November 2015

Present: Chairman: Councillor Holmes Councillors: Dobson, Giles, Edwards, Pang, Talbot, Hall, Non Member Councillor Faithfull together with the Deputy Clerk. Not Present: Councillor Carter

1. P/15/11/01 To receive Apologies Apologies were received from Councillors Pratt, Harding, Bartlett, Gori, Mitchell and Bailey.

2. P/15/11/02 Declarations of Interest and requests for new DPI dispensations for items on the Agenda Councillor Dobson declared a personal Interest in Application 15/1663/MOUT as he is a personal friend of the neighbour in the adjoining property

3. P/15/11/04 Reports, Correspondence and Items referred to the Committee An Amended Plan was presented in correspondence 15/1808/FUL Woodcote Cottage, Gosford Lane, Ottery St Mary, EX11 1NU. The Committee were asked to submit observations within 14 days. However, this Amendment came in after the current agenda was sent out. Councillor Giles asked if this could go on the next planning meeting. Agenda. The Deputy Clerk will ask Central Planning for an extension of time and report back to the Planning Chairman. P/15/11/05 Email correspondence from James Brown the Principle Planning Officer at EDDC in connection with the reconsulting of both Slade Farm and the Gerway Nurseries application. This email had previously been emailed to all councillors. Duly noted. P/15/11/06 Notification of Pending Appeal (15/0923/OUT) - West Hayes, West Hill Road, West Hill, EX11 1UZ. Construction of 3no detached dwellings and formation of shared vehicular access and driveway (outline application discharging details of access and layout and reserving details of scale, appearance and landscaping) Duly noted.

Mayor’s initials ……………………..

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4. P/15/11/07 Planning Decisions Received 15/2130/FUL 4 Oak Close, Ottery St Mary, EX11 1BB Granted 15/1884/FUL Apple Hill, Tipton St John, , EX10 OAX Granted 15/1708/LBC Tipton Barton Cottage, Tipton St John, EX10 OAL Granted 15/2179/TCA 11 Silver Street, Ottery St Mary, EX11 1DB Granted

P/15/11/08 5. To consider and determine observations on the following Planning Applications

Reference Applicant Details 1) 15/1991/MRES David Wilson Exeter A M E N D E D P L A N S Relate to amended plans and additional information affecting layout, landscaping and house type design Former Gerway Nurseries, Ottery St Mary The Planning Committee does not support these amendments

A member of the public spoke on the application 15/1663/MOUT highlighting his concerns: 1. Despite the amendments this is a development in the wrong place 2. The Developer and Highways need to realize Knightstone Lane is not suitable for pedestrian access 3. The Footpath Officer is so concerned he is contacting the DCC Legal Department for guidance on the legality of making any such unilateral improvement agreement with the Developer as the concern is this would set a precedent for unilateral “improvements” to other bridleways across the county. 2) 15/1663/MOUT Blue Cedar Homes A M E N D E D P L A N S Relate to amended and additional information in respect of landscape assessment, ecology and drainage together with supporting correspondence Land Adj to Slade Farm, Slade Road, Ottery St Mary. The Committee does not support these amended plans  The amendments make no difference to this application which the Town Council did not support as the pedestrian access points remains unsafe  Concerns raised in relation to the traffic movements and the effect this will have on the Primary School

Mayor’s initials ……………………..

-51-  The Town Council has concerns about many aspects of the planning application as stated previously including concerns about the adverse impact of the proposals on Ottery St. Mary Bridleway 36 (Knightstone Lane) which runs north – south immediately to the west of the application site, and also on the important network of rights of way above Ottery to the east, from which there are clear views down into the site from the AONB.  There would be adverse visual impact changes on the public rights of way, thus damaging the enjoyment of the rights of ways, as well as adverse impact on flora and fauna in Knightstone Lane and the surrounding area.  The Town Council hopes that will be responding to EDDC about the planning application reflecting these concerns about the Bridleway.  The Town Council has very deep concerns and unease about an aspect of the planning application relating to Bridleway 36 (BW36) Knightstone Lane. BW36 is not adopted as a highway maintainable at public expense, but is privately owned. It is of a reasonable condition to meet the needs of walkers and horse riders. However the applicants propose to use BW36 as a pedestrian walking route towards Ottery St Mary for residents of the development as part of its access strategy, and propose making substantial improvements to it to achieve this. The Town Council understands that the Horse Society has objected to this aspect of the planning application as it would create conflict with horse riders` use of Knightstone Lane.  What is of very great concern to the Town Council is that we understand the applicants, Blue Cedar Homes, have said that Devon County Council is prepared to use its powers under Section 278 of the Highways Act 1980 to enter into an agreement to carry out improvement works.  The Town Council is most concerned that this course of action, should it be agreed, would establish a dangerous precedent for Devon County Council with regard to the thousands of public rights of way in Devon for which the County Council has responsibility.  The Town Council is most concerned that this course of action could result in large numbers of landowners seeking Devon County Council to make considerable expenditure to improve public rights of way on their land, with a potentially huge additional financial burden to DCC.  The Town Council asks that Devon County Council abandons the arrangements which we understand have been the course of discussion between DCC highways officers and the applicants.  The Town Council also urges that Devon County Council should give urgent and serious consideration at the highest level to the aspects of this planning application addressed in our comments, and especially with regard to the future implications for Devon County Council.

P/15/11/09 Councillor Giles agreed to draft correspondence to the Public Rights of Way Officer (Richard Spurway) expressing concerns about the dangerous precedence this application would have if it was approved.

3) 15/1974/FUL David Wilson Homes A M E N D E D P L A N S Relate to additional details in respect of boundary treatment of footpath Cardarroch (land adjacent) Ottery St Mary. The Planning Committee unanimously does not support these amended plans and wish to reiterate previous comments made: 1. Safety of pedestrians exiting from the site 2. Volume of traffic on the Sidmouth Road including HGV’s and large farm vehicles 3. More pedestrians having to cross the Sidmouth Road/Longdogs Lane/Winters Lane junction on the brow of the hill

Mayor’s initials ……………………..

-52- 4. The lack of any definite proposal for a link from the exit point and the public footway 5. Lack of privacy for New Harcourt as the proposed footpath is only 1.8M from their window

4) 15/2355/FUL Carpentier External alterations incorporating new cladding, enlarged windows & Juliet balconies, entrance canopy & glazing, roof lights, rear canopy & Balcony & new side windows Ithilien, 4 Birch Grove, West Hill Ottery St Mary, EX11 1XP The Planning Committee supports this application

5) 15/2192/RES Graham Construction of dwelling on Plot 4 ( revised details of layout, scale & appearance to reserved matters Approval ref. 14/0262/RES) Land Adjacent Greytops, West Hill Road, West Hill The Planning Committee does not support this application: 1. The flat roof is out of keeping with the other properties in this vicinity 2. Does not conform with the West Hill Village Design Statement

6) 15/2412/TCA Baker T1, Douglas Fir: Fell 58 Mill street Ottery St Mary EX11 1AF The Planning Committee does not support this application 1. There is no justification to fell this tree as it is not adjacent to the property 2. The Committee feels that this tree could be maintained

7) 15/2266/TRE Stephano T1, Holly, T2 Oak and T3, Oak- Fell all three trees 10 Heather Grange, West Hill, Ottery St Mary, EX11 1XZ The Planning Committee support the felling of T1 – Holly but do not support the felling of T2 and T3 Oak trees as there is no justification

8) 15/2254/TRE White T1, T2 & T3 – Scots Pine: Fell T4 – Lawson Cypress : Fell G5 – 17 x Conifers: Fell Malmvall, 1 Birch Grove, West Hill, Ottery St Mary, EX11 1XP The Planning Committee agreed to the recommendations of the EDDC Tree Officer

Mayor’s initials ……………………..

-53- P/15/11/09 6) To Receive Councillors’ questions relating to Planning Matters Councillor Pang said a member of the public had expressed concern about a “distressed” tree close to the Coleridge Bridge by the Millenium Green, The Mayor will have a look as he is a Trustee of the Millenium Green Trust.

The Meeting closed at 7.59pm

The next meeting of the Planning Committee is on Monday 16th November 2015 in the Council Offices

Mayor’s Signature………………………………………..Date…………………………..

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