WEST DEVON DEVELOPMENT MANAGEMENT AND LICENSING COMMITTEE - TUESDAY, 4TH DECEMBER, 2012 Agenda, Reports and Minutes for the meeting Agenda No Item 1. Agenda Letter (Pages 1 - 2) 2. Reports Reports to P&L; a) Planning Applications & Enforcement Reports Northern Area (Pages 3 - 50) b) Planning Applications & Enforcement Reports Southern Area (Pages 51 - 94) c) Planning Appeals Update (Pages 95 - 96) d) Delegated Decisions (Pages 97 - 110) e) Review of the Site Inspection Protocol (Pages 111 - 118) f) Three Yearly Review of Gambling Statement of Licensing Principles (Pages 119 - 166) g) Review of Environmental Health Licensing Fees, Gambling Premises Fees and Taxi Licensing Fees (Pages 167 - 190) h) Summary of Licensing Act 2003, Gambling Act 2005, Taxi Licensing,Environmental Health Licensing and Charitable Collections Permissions Issued 1st April 2011 - 31st March 2012 (Pages 191 - 194) 3. Minutes (Pages 195 - 214) A G E N D A – PLANNING & LICENSING COMMITTEE – 4th DECEMBER 2012 PART ONE – OPEN COMMITTEE 1. Apologies for absence 2. Declarations of Interest Members are invited to declare any personal or disclosable pecuniary interests, including the nature and extent of such interests they may have in any items to be considered at this meeting. If Councillors have any questions relating to predetermination, bias or interests in items on this Agenda, then please contact the Monitoring Officer in advance of the meeting. 3. Items Requiring Urgent Attention To consider those items which, in the opinion of the Chairman, should be considered by the Meeting as matters of urgency (if any). Page 4. Confirmation of Minutes Meeting held on 6th November 2012 3 PLANNING 5. Planning Applications & Enforcement Reports Area Index 11 (i) Northern Area 13 (ii) Southern Area 61 6. Planning Appeals Update 104 7. Delegated Decisions 106 8. Review of the Site Inspection Protocol Joint report of the Development Manager and Member Services Manager 119 LICENSING 9. Three Yearly Review of Gambling Statement of Licensing Principles Report of the Licensing Manager 124 10. Review of Environmental Health Licensing Fees, Gambling Premises Fees and Taxi Licensing Fees Report of the Licensing Manager 169 11. Summary of Licensing Act 2003, Gambling Act 2005, Taxi Licensing, Environmental Health Licensing and Charitable Collections Permissions Issued 1st April 2011 – 31st March 2012 Report of the Licensing Manager 190 1 PART TWO – ITEMS WHICH MAY BE TAKEN IN THE ABSENCE OF THE PUBLIC AND PRESS ON THE GROUNDS THAT EXEMPT INFORMATION MAY BE DISCLOSED (if any). If any, the Committee is recommended to pass the following resolution:- RESOLVED that under Section 100(A)(4) of the Local Government Act 1972, the public be excluded from the meeting on the grounds that exempt information is likely to be disclosed as defined in the paragraphs given in Part I of Schedule 12(A) to the Act. This document can be made available in large print, Braille, tape format, other languages or alternative format upon request. Please contact the Committee section on 01822 813662 or email [email protected] Council Procedure Rule 24 Use of televised and sound recordings at Council and committee meetings (1) Televised, vision and sound recordings or live broadcastings by members of the press or public at Council, or committee debates will be permitted if approved prior to the meeting by the person presiding in consultation with the Chief Executive (or his representative), each case being considered on its own merits. (2) Any person acting in breach of this provision can be required to leave the meeting room immediately. ___________________________________________________________________ 2 WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 04 DECEMBER 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA WARD: Bridestowe (Cllr L J G Hockridge) APPLICATION NO: 02917/2012 LOCATION: Lower Brockscombe Coppice, Germansweek, Beaworthy, Devon, EX21 5AL APPLICANT NAME: Miss J Henderson APPLICATION: Full PARISH: Bratton Clovelly GRID REF: 246192 94978 PROPOSAL: Change of use of land and siting of structures and erection of buildings to form a camping facility and associated works. CASE OFFICER: Cheryl Stansbury TARGET DATE: 19/09/2012 Reason item is being put before committee: Cllr Hockridge wishes the application to be determined by Committee given the large number of objections received from local residents and the Parish Council. RECOMMENDATION: CONDITIONAL APPROVAL Reason for Approval: This application has been determined in accordance with Section 38 of the Planning & Compulsory Purchase Act 2004 which states that planning applications must be determined in accordance with the Development Plan unless material considerations indicate otherwise. This application has been determined in accordance with approved Development Plan Policies; relevant Government planning policy guidance; and approved in the absence of any other overriding material considerations and having given due weight to all other matters raised in this application including technical and other representations received. The relevant Policies are the NPPF 2012, Local Plan Review NE10, ED21, TLS2, TLS3, T9, PS2, PS3: Core Strategy SP1, SP3, SP10, SP11, SP17, SP19, SP21: County Structure Plan 2001 - 2016 ST1, ST16, CO1, CO9, CO13, TR7, TR10, TO3, TO4. Special regard has been given to the representations received, and the comments from the Highways Officer, however, these are not considered over-riding and the proposal is considered acceptable subject to the conditions listed below. List of conditions: 1. Standard 3 year time limit for commencement 2. Development in accordance with the approved plans 3. Holiday use only 4. Details of landscaping to be submitted 5. Tree protection plan and compliance with 6. Drainage details as requested by the Drainage Engineer WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 04 DECEMBER 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA 7. No external lighting of the site, other than solar powered lighting, the details of which are to submitted and agreed 8. Recommendations of the Ecological Report to be adhered to 9. Parking and turning area to be provided prior to the use commencing, to be maintained as such, and for no other purpose The Proposal This is a full planning application for the change of use of land, the siting of structures and erection of buildings to form a camping facility. The proposal involves the siting of 4 insulated timber tents, 2 “Showman’s” wagons, communal buildings, office/shed/shower area, composting toilet, log store, poly tunnel and car parking area. A 5th timber tent and 2 camping pitches were proposed, and the applicants did intend to run environmental based training courses from the site, however, these aspects have now been omitted from the application. The existing access point is to be used, with the gates widened and a new gravelled parking area is to be provided with parking for 5 cars, 1 of which is intended for staff parking. Foul drainage is proposed through 2 composting toilets and a septic tank, with discharge to reed beds and a pond, with eventual clean water discharge to the watercourse. The ethos behind the proposal is for a small-scale sustainably run camping facility in a woodland setting, with the emphasis on visitors arriving on foot, by bike or public transport, and especially encouraging those with specific leisure related interests to the area, such as canoeing, sailing or bird watching at Roadford Lake, cyclists and walkers using the many nearby cycle and walking routes such as the Ruby Way or Pegasus Way. Site and Surroundings The application site measures 0.7 hectares, and lies within a wooded valley, approximately 2 km from the hamlet of Germansweek. The applicants have stated the site is currently being developed for small-scale woodland, as part of the farm woodland premium scheme. The site is predominantly a coniferous plantation with smaller areas of deciduous plantation, scrub and wet grassland. The site is bounded to the north by hedgerows and the highway, and the land falls to the south, to a tributary of the River Wolf, which eventually runs in to Roadford Lake. Access to the site is via a network of unclassified narrow rural lanes, where there is currently a timber access gate leading onto the site. WEST DEVON BOROUGH COUNCIL PLANNING & LICENSING COMMITTEE 04 DECEMBER 2012 PLANNING APPLICATIONS AND ENFORCEMENT REPORTS NORTHERN AREA Consultations: Bratton Clovelly Parish Council Bratton Clovelly Parish Council (BCPC) held a meeting to discuss the application. 36 members of the public attended, including the applicant. After listening to representations both from the applicant and local residents, BCPC voted unanimously to object to the application for the following reasons:- 1. Inadequately prepared application. The environmental survey has not been executed properly, especially with regard to the stream/water habitat. Many creatures such as brown trout and rodents live in that stretch of water and it is believed that a camping facility so close to this could easily destroy this habitat. The PC also has reservations about pollution to the nearby watercourse. 2. BCPC supports the vast local knowledge. This area does flash flood rapidly in this high rainfall area and we have safety concerns for those who may be camping close to the stream. The valley also carries noise and residents are extremely concerned about the noise such a camp site could generate in a quiet rural setting. 3. Road safety. The roads leading to this site are extremely narrow and frequently used by large heavy agricultural machinery. The PC has serious concerns for the safety of intended cyclists travelling to and from the site using the narrow roads, many of which have blind bends. The PC also note that there are no nearby designated cycle routes (such as the Tarka trail) and the nearest public transport is 1.5 miles away, if campers intended to arrive on foot. The PC also feel that traffic flows to and from this site have been understated.