At a Meeting of the PLANNING & LICENSING COMMITTEE held at the Council Chamber, Council Offices, Kilworthy Park, Drake Road, on TUESDAY the 4th day of DECEMBER 2012 at 10.00 am.

Present: Cllr C M Marsh – Chairman Cllr L B Rose – Vice-Chairman Cllr S C Bailey Cllr W G Cann OBE Cllr C Hall Cllr L J G Hockridge Cllr D M Horn Cllr T G Pearce Cllr D Whitcomb

Development Manager Area Planning Officer (North) Area Planning Officer (South) Principal Planner Senior Planning Officer Solicitor Member Services Manager

In attendance: Cllr R E Baldwin Cllr D Cloke Cllr A Leech Cllr N Morgan Cllr J B Moody Cllr P J Ridgers Cllr J Sheldon

P&L 50 APOLOGIES FOR ABSENCE Apologies for absence were received from Cllr D M Wilde.

P&L 51 DECLARATIONS OF INTEREST Cllr S Bailey – Applications 02698/2012; 02757/2012; 02961/2012; 03103/2012 – Personal – Ward Member Cllr L J G Hockridge – Application 02917/2012 – Personal – Ward Member Cllr C M Marsh – Personal – Chairman of HATOC Cllr T G Pearce – Personal – Member of Building Control Partnership Cllr D Whitcomb – Application 02769/2012 – Personal – Ward Member

*P&L 52 CONFIRMATION OF MINUTES The Minutes of the Meeting held on 6th November 2012 (page 3 to the Agenda) were confirmed and signed by the Chairman as a correct record.

*P&L 53 PLANNING, LISTED BUILDING AND ADVERTISEMENT REPORTS RELATING TO THE NORTHERN AREA OF THE BOROUGH The Committee considered the applications prepared by the Development Manager relating to the Northern Area of the Borough (page 13 to the Agenda) and considered also the comments of Parish Councils together with other representations received, which are noted below, and RESOLVED:

WARD: Bridestowe APPLICATION NO: 02917/2012 LOCATION: Lower Brockscombe Coppice, , 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.

COMMITTEE CONSIDERATION The Committee having, debated the proposal, listened to the speakers and heard the clear views of the Ward Member, RESOLVED to NOT GRANT conditional consent.

It was then moved and seconded that the application be refused on the grounds of concerns over highway access issues, detrimental impact on the rural area, being of no benefit to local residents and concerns over pollution to the River Wolf.

Upon voting the application was REFUSED for the following reasons:

1. The road giving access to the site is, by reason of its inadequate width and poor alignment, unsuitable to accommodate the increase in traffic likely to be generated by the development, which would result in a risk to the safety of pedestrians and cyclists, contrary to Policy TR10 of the Devon County Structure Plan and Policy T2 of the Local Plan Review.

2. The development, by reason of the site’s remote rural location, several miles from the nearest facilities and poorly served by public transport is considered to represent unsustainable development, which fails to provide any over-riding economic or community benefit. As such, the proposal is to the detriment of the rural area, contrary to Policies NE10 and TLS2 of the West Devon Local Plan Review, SP1 of the West Devon Core Strategy and ST1 of the Devon Structure Plan.

3. The proposed drainage system would present a risk of pollution of the River Wolf, which adjoins the application site. The application is therefore contrary to Policy SP1 of the West Devon Core Strategy and ST1 of the Devon Structure Plan.

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.

Consultations: Bratton Clovelly Parish Council County Highways Authority Devon Building Control Partnership South West Water Natural WDBC Countryside Officer Environment Agency Environmental Health Drainage Engineer WDBC Economy Manager (Tourism) Devon County Rights of Way Officer Ruby Country Project Coordinator WDBC Landscape Officer Devon and Somerset Fire and Rescue Service Local Residents\Interested Parties - 63 representations received

SPEAKERS: Mr P Waters – Objector Miss J Henderson – Applicant

WARD: Drewsteignton APPLICATION NO: 03085/2012 LOCATION: Land at SX704 977, Spreyton, Devon APPLICANT NAME: Powerhawk Limited APPLICATION: Full PARISH: Spreyton GRID REF: 270462 97721 PROPOSAL: Erection of single wind turbine with a hub height of 50m and 77m to blade tip and creation of new access track, widening of existing access and associated works. CASE OFFICER: Anna Henderson-Smith TARGET DATE: 12/11/2012

Reason item is being put before committee: This application has been called in by Cllr Ridgers: ‘I would like to call the above planning application to committee, if the West Devon recommendation is to approve the application.

My grounds for objecting are: 1. Visual intrusion and impact on the landscape and on surrounding villages, Spreyton and Bow and with particular reference to the visual impact from and to Spreyton Church. 2. Proximity to several immediate private dwellings that will suffer noise above 35db (10db at night) and also shadow flicker 3. Cumulative effects of this turbine in relation to other existing and proposed turbines in the immediate and surrounding area, especially the Den Brook turbines 4. The current planning application only shows photo montages from a limited amount of places, this needs to be expanded to neighbouring villages and also address cumulative effects with other turbines approved. Concern over accuracy of the existing photographic images. 5. No amplitude modulation assessments supplied in the application.’

Councillor Ridgers then went on to send the following on 5th November 2012:

‘Further to our earlier conversation, the community interest, large scale and detailed technical aspects of this application, I would like to refer it to the planning committee.

I maintain my opposition to the application and trust that the views I have previously supplied will be included in the report.’

REFUSED for the following reasons:

1. The proposal by reason of its siting and size would have a substantial detrimental effect upon the setting of, views from and the enjoyment of, nearby listed properties. It is not considered that the public and environmental benefits of the proposal would outweigh this harm to the heritage of the locality. As such this proposal is contrary to policies ST1, CO8 and CO12 of the Devon Structure Plan, SP1, SP3 and SP18 of the Core Strategy and NE10 and BE3 of the Local Plan and the guidance of the NPPF. 2. The proposal by reason of its scale, movement and location would have a significant localised visual impact affecting the properties and area at the north of Spreyton. This together with a wider cumulative impact, particularly in views from DNP, loss of local tranquillity and diminution of landscape character are considered too adverse to be outweighed by the benefits of the scheme. As such this proposal is contrary to policies ST1, CO1, CO2 and CO12 of the Devon Structure Plan, SP1, SP3 and SP17 of the Core Strategy and NE10 of the Local Plan and the guidance of the NPPF.

The Proposal The application is for the erection of a single 500kw wind turbine with a hub height of 50m and a height of 77m to blade tip and creation of a new access track, widening of existing access and associated works such a crane pad and vehicular turning area. Consultations: Spreyton Parish Council County Highways Authority English Heritage Conservation Officer

South West Water Landscape Officer Countryside Officer Mid-Devon District Council Environment Agency DCC Archaeology NATS CAA MOD Airport Environmental Health Section Local Residents\Interested Parties – 135 representations received

SPEAKERS: Mr A Stockel – Objector Mr N Leaney – Agent Mr K Whitaker – Chairman, Spreyton Parish Council

Conclusion Overall it is not considered that the harm to the setting and enjoyment of the three nearest listed properties of Stockhay, Coombe and Weeke and the dominance of the turbine upon the small village of Spreyton and its residents’ enjoyment of the relatively undeveloped, historically rich rural area is outweighed by the environmental benefits of this proposal.

*P&L 54 PLANNING, LISTED BUILDING AND ADVERTISEMENT REPORTS RELATING TO THE SOUTHERN AREA OF THE BOROUGH The Committee considered the applications prepared by the Development Manager relating to the Southern Area of the Borough (page 61 to the Agenda) and considered also the comments of Parish Councils together with other representations received, which are noted below, and RESOLVED:

WARD: Tamarside APPLICATION NO: 02769/2012 LOCATION: Camplehaye Residential Home, Lamerton, Tavistock, Devon, PL19 8QD APPLICANT NAME: Avens Care Homes Ltd APPLICATION: Removal of Condition\Variation of Condition PARISH: Lamerton GRID REF: 2445450 768220 PROPOSAL: Removal of conditions attached to planning consent 11230/2007/TAV. CASE OFFICER: Ben Dancer TARGET DATE: 13/08/2012 Reason item is being put before committee: The application has been brought before Committee at the request of Cllr. Whitcomb, who states that:

“I wish this application to be determined by Committee given the objections received by residents and the Lamerton Parish Council”.

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 National Planning Policy Framework, Devon Structure Plan Policies ST1, ST3, CO9, TR5, TR10 West Devon Borough Core Strategy Policies SP1, SP8, SP19 and West Devon Local Plan Review Policies NE10, H34, RB2 and T9.

Special regard has been given to the representations about the history of the building, the intended use and the preference for the building to either be kept as a care facility or demolished, but these were not considered to be overriding given that evidence has been provided to show that the re-use of the building for care provision of varying natures has been sought. The proposal would not lead to a detrimental impact upon the amenities of the site or surrounding area, inclusive of any neighbouring residents.

List of conditions: 1. Standard time limit

The Proposal The application is for the removal of a planning condition (condition 5) originally applied to planning consent 7540/2005/TAV and then subsequently amended by an appeal decision relating to planning application 11230/2007/TAV.

The condition is reproduced below for reference:

“The occupation of the dwelling shall be limited to the owner or an employee and dependants thereof of Camplehaye Residential Home, and/or the provision of residential accommodation and care to people in need of care. The building the subject of this appeal shall not be occupied at any time other than for these purposes and in connection with the use of the main building as Camplehaye Residential Care Home. The building the subject of this appeal shall not be sold off or let separately from the main building Camplehaye Residential Home”.

Consultations: Lamerton Parish Council County Highways Authority South West Water Services Local Residents\Interested Parties: 2 representations received

SPEAKER: Mr A Avens – Applicant

Conclusion In this instance the removal of the condition relates to an existing residential unit that has a condition limiting its occupancy and so is already regarded as being a dwelling in planning terms. The re-use of existing buildings is also detailed within Local Plan Policy RB2 and is in principle acceptable subject to the provisions previously outlined within this report.

Given the above and the ability of the site and building to accommodate the unfettered occupancy of the building without detriment to near neighbours, the environment or the highway network it is officer opinion that the impact of the removal of the condition would not lead to a detrimental impact upon the amenities of the site or surrounding area, inclusive of any neighbouring residents.

WARD: Tavistock North APPLICATION NO: 02698/2012 LOCATION: 16 Buddle Close, Tavistock, Devon, PL19 0EG APPLICANT NAME: R.M Builders Ltd APPLICATION: Full PARISH: Tavistock GRID REF: 247941 75014 PROPOSAL: Erection of 2 dwellings and associated works. CASE OFFICER: Ben Dancer TARGET DATE: 13/07/2012

Reason item is being put before committee: The application is before Members at the request of Cllr. Moody who comments: “Given the many concerns of local Buddle Close residents regarding the proposed development which include material planning issues such as scale, over dominance, overlooking, sense of enclosure as well as traffic and parking issues, I would, therefore, ask for the planning application to be considered by the planning committee”.

COMMITTEE CONSIDERATION The Committee having, debated the proposal, listened to the speakers and heard the clear views of the Ward Members, RESOLVED to NOT GRANT conditional consent.

It was then moved and seconded that the application be refused on the grounds of overbearing development, being out of character with the streetscene and detrimental impact on neighbour amenity.

Upon voting the application was REFUSED for the following reasons:

1. Proposed development by reason of its scale, design, bulk, massing and siting would have an overbearing impact upon the adjacent properties (16 and 17 Buddle Close) affecting the amenities of those residents 2. Out of character with the streetscene and wider area The Proposal Erection of 2 dwellings and associated works.

Consultations: Tavistock Town Council County Highways Authority South West Water Services Environmental Health Officer

Senior Engineer Local Residents\Interested Parties: 20 representations received

SPEAKERS: Mr S Gill – Agent for Objectors Mr E Persse – Agent

WARD: Tavistock North APPLICATION NO: 02757/2012 LOCATION: Land Adjacent To 77, Bannawell Street, Tavistock APPLICANT NAME: Endeavor Homes Ltd APPLICATION: Full PARISH: Tavistock GRID REF: 247963 74610 PROPOSAL: Erection of building containing 5 flats with associated works including demolition of existing garages. CASE OFFICER: Ben Dancer TARGET DATE: 15/08/2012

Reason item is being put before committee: The application has been brought before the Committee at the request of Cllr. Moody who has stated that:

“Given the local residents’ concerns regarding the over development of the site, the over-supply of flat accommodation in the area, insufficient off street parking for the size of the development and the acknowledged historic on-street parking problems in the area I would, therefore, request that this application be considered by committee”.

CONDITIONAL APPROVAL

Reason for Approval: This application has been determined in accordance with Section 72 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 in respect of planning applications which affect Conservation Areas which requires that special attention shall be paid to the desirability of preserving or enhancing the character and appearance of Conservation Areas and determined in accordance with Section 66 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 in respect of planning applications which affect a listed building or its setting which requires that special regard shall be had to the desirability of preserving the building or its setting or any features of special architectural or historic interests which it possesses. 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 National Planning Policy Framework, Devon Structure Plan Policies ST1, CO6, CO7, CO8, TR5, TR10, West Devon Core Strategy Policies SP1, SP4, SP9, SP18 and SP20 and West Devon Borough Local Plan Policies BE1, BE2, BE3, BE7, BE8, BE13, BE16, H28, T5, T9, PS2 and PS3.

Special regard has been given to the representations about the impact upon the highway due to the level of parking proposed, the impact of the building upon the area including the Conservation Area, World Heritage Site and adjacent Listed viaduct and the impact of the proposal upon neighbouring residents by way of loss of light but these were not considered to be overriding because the development is considered to be located within a sustainable and accessible location close to the town centre and would provide a suitably designed development which does not detract from the character and appearance of this designated area. Furthermore it complies with the Development Plan Policies and National Planning Framework which seek the re-use of brownfield sites and to make the most efficient use of the land in keeping with the qualities of the area. The previous planning history has also been considered in arriving at this determination

List of conditions: 1. Standard time limit 2. Hard and soft landscaping (inclusive of minor structures) 3. Landscaping to be maintained and replaced 4. Drainage Assessment 5. Approval of surface water drainage design 6. Drainage maintenance to be approved and implemented 7. Drainage to be completed prior to first occupation 8. Roof verge, rainwater goods and window details to be approved 9. Materials to be approved 10. Railing and railing plinth details to be approved 11. Removal of PD rights Part 40 Classes A-G 12. Parking provided prior to first occupation and maintained thereafter 13. Dust suppression scheme to be approved 14. Compliance with dust suppression scheme for duration of construction 15. Contaminated land survey, risk assessment and remediation 16. Windows shown as obscure glazed to be permanently retained as such unless otherwise agreed by Local Planning Authority 17. Compliance with amended plans

The Proposal Erection of building containing 5 flats and associated works including demolition of existing garages.

Consultations Tavistock Town Council County Highways Authority South West Water Services Conservation Officer Landscape Officer Senior Engineer RSPB Local Residents\Interested Parties: 4 representations received

Conclusion In respect of the current full application it is considered that the proposed increase in density from 4 flats to 5 flats does not in itself create any further impact upon the amenities of neighbouring residents or the character of this designated area that would warrant the refusal of the scheme. The proposed development reutilises brownfield land, is situated within the Tavistock settlement boundary and is located within a sustainable location close to the town centre. The proposed design is considered to be akin to the previously approved planning application, with some variance to design elements and fenestration. Conditions can be applied to any consent to cover matters relating to materials, minor design elements, drainage and contaminated land.

Accordingly the proposal is considered to comply with the listed Development Plan Policies.

WARD: Tavistock North APPLICATION NO: 02961/2012 LOCATION: 3 Duke Street, Tavistock, PL19 0BA APPLICANT NAME: Colvase Estate Ltd APPLICATION: Full PARISH: Tavistock GRID REF: 248176 74511 PROPOSAL: Two new shop fronts to facilitate subdivision of shop to two units. CASE OFFICER: Katie Graham TARGET DATE: 26/09/2012

Reason item is being put before committee: This application has been called to Committee by Councillor Sheldon on the following grounds: “I have to state that I am the Chair of the Tavistock Town Council Plans Committee. We give due consideration to all plans and without fail in CA, WHS areas we make reference to the Conservation Officer.

I would wish this matter to go to Committee as the side premise involved fronts onto Pepper Street. There is already a bricked up part of this building that defaces the ground floor. Only from the first floor upwards has character over successive years been retained. In the commercial retail environment that this building stands I believe it is in the public interest to encourage new small self contained shop units, of which there are two. Assisting traders who wish to follow the path of becoming independent retailers that Tavistock is known for. Tavistock does not lack traders to do this; home based businesses could be encouraged to take part.

Pepper Street is made up of shops with various frontages and is a natural thoroughfare to shops in Barley Market Street. Businesses are varied and they are likely to profit and gain from the addition of footfall these small shops units should bring. Material considerations involve employment and regeneration that supports other businesses and the Town Centre.“

DELEGATE to Development Manager to REFUSE application (subject to no new representations raising new material planning considerations being received on the 4th December).

Reason for refusal: The proposed new shop fronts by reason of their form, proportion and design including the addition of plywood sign boards will fail to preserve or enhance the character or appearance of the Conservation Area and would harm the OUV of the WHS and the setting of the Listed Buildings The proposal is therefore

contrary to Development Plan Policies BE1, BE3, R2, SP18, SP20, Structure Plan Policies CO6, CO7 and the NPPF.

The Proposal This is a Full planning application for the creation of two new shop fronts, on the Pepper Street elevation of 3 Duke Street. This will allow for the creation of 2 new units, to be formed from underused space currently serving the one of the retail units occupying 3 Duke Street. There has been a variety of amendments for this scheme. The final scheme, now in front of Members for consideration proposes a set of glazed entrance doors with 2 windows sited on either side of the glazed doors and a timber framed sign board over the windows and doors.

Consultations: County Highways Authority South West Water Environment Agency Tavistock Town Council Conservation Officer Local Residents\Interested Parties: 1 representation received

SPEAKER: Mr M Coles – Applicant

Conclusion The existing building is considered to positively contribute to the Conservation Area and WHS. The proposed shop fronts, due to their proportion and form, and affixed timber sign board, are considered to harm the character and appearance of the Conservation Area and the OUV of the WHS. In addition, it is not considered that the public benefits of the proposal outweigh this harm.

WARD: Tavistock North APPLICATION NO: 03106/2012 LOCATION: 20 Road, Tavistock, PL19 8AY APPLICANT NAME: Mrs E Baker APPLICATION: Full PARISH: Tavistock GRID REF: 247959 74278 PROPOSAL: Change of use of office to beauty therapy room. CASE OFFICER: Katie Graham TARGET DATE: 21/11/2012

Reason item is being put before committee: site owned by West Devon Borough Council.

CONDITIONAL APPROVAL

Reason for Approval: This application has been determined in accordance with Section 72 of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990 in respect of planning applications which affect Conservation Areas which requires that special attention shall be paid to the desirability of preserving or enhancing the character and appearance of Conservation Areas. 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 NPPF, Core Strategy: SP1, SP10, SP18, Local Plan: BE1, BE3, T8, Structure Plan: ST1, ST15, ST20, CO7, TR4, TR9

Special regard has been given to the representations about public visitation, noise and parking but these were not considered to be overriding due to the small scale and siting of the proposed use, visitor numbers and noise is not considered to give rise to any harm, and the lack of onsite parking is not considered to give rise to any harm taking into account the town centre location.

List of conditions: 1. Standard Time Limit 2. Restriction on hours of opening (10am – 6pm Monday to Friday, 10am – 2pm Saturdays and no Sunday or bank holiday working – as copied from application forms) 3. The proposed use shall be restricted to beauty therapy only and shall be used for no other purpose

The Proposal The proposal is for the change of use of an office room on the first floor of the existing building, to be used for beauty therapy.

Consultations: County Highways Authority Conservation Officer South West Water Environment Agency Tavistock Town Council Local Residents\Interested Parties: 1 representation received

Conclusion The proposed change of use, which is small in scale and sited conveniently adjacent to both the bus station and public car park, is considered to be acceptable in terms of planning policy. WARD: Thrushel APPLICATION NO: 02926/2012 LOCATION: Land at Spindlewood House, Newton Down, Lifton, Devon, PL16 OAS APPLICANT NAME: Ms K Sargent APPLICATION: Full PARISH: GRID REF: 2413065 856885 PROPOSAL: AMENDED PLANS: Erection of dwelling in place of caravan in use for residential purposes. CASE OFFICER: Katie Graham TARGET DATE: 20/09/2012

Reason item is being put before committee: This application has been called in to Committee by Cllr Horn on the grounds within the following comments: “Thanks for the report, it was how I expected and I can understand the way you came to a decision but I consider there is room for debate on how Policy H29 applies to these small rural Hamlets that make up the Parish of Stowford. So I would like to call this Application into Committee on the grounds that it had unanimous support from the Parish Council, and that Policy H29 has not been satisfactorily explored relating to Stowford.”

Further comments following clarification on policy H29 from case officer: “Stowford has no defined boundary when it comes to development, and considering the settlement of Portgate played a very important contribution to the village, if you could call it that, by providing the only village shop, Methodist Church, now used as a second home, the only village pub, which you may recall wanted to close its doors a while ago, and indeed the application site was another shop come filling station, I could go on”.

REFUSED

Reason for refusal: The proposed dwelling constitutes a new dwelling in the open countryside and is not considered to fulfil the functional and financial requirements, it does not constitute infill development under policy H29 nor the policy requirements of paragraph 55 of the NPPF, and would therefore result in harm to the intrinsic qualities of the open countryside and would is therefore contrary to the NPPF, Policy H29, H31, SP1, SP5 of the Development Plan.

The proposal by reason of its increased curtilage area as a result of the siting and scale of the dwelling would lead to increased domestication of the rural area and along with its associated usage and paraphernalia would harm the intrinsic qualities of the open countryside. The proposal is therefore contrary to policies NPPF, NE10, SP1, SP17, ST1.

The Proposal The current application seeks to replace the existing caravan with a 2 storey dwelling, to be sited to the northwest of the existing caravan and partially on the same footprint.

Consultations: County Highways Authority South West Water Environment Agency Drainage Engineer Stowford Parish Council Local Residents\Interested Parties: None

SPEAKER: Mr I Tomlin – Agent

Conclusion The proposed dwelling represents a new unjustified dwelling in the open countryside, not in compliance with any local or national policy, and there are no exceptional circumstances that would justify a departure from policy.

*P&L 55 PLANNING APPEALS UPDATE

APPLICATION NO: 02958/2012 APPLlCANT: Ms I Chambers PROPOSAL: Change of use of part agricultural building for use as domestic garage to be used in conjunction with holiday let. LOCATION: Wilminstone Farm, Wilminstone, Tavistock, Devon, PL19 0JT APPEAL STATUS: APPEAL LODGED APPEAL DECISION APPEAL START DATE 25/10/2012 APPEAL DECISION DATE

APPLICATION NO: 02767/2012 APPLlCANT: Ms I Chambers PROPOSAL: Variation of condition 2 attached to planning consent 12518/2008/TAV limiting use to ancillary accommodation. LOCATION: Round House, Launceston Road, Tavistock, PL19 8NG APPEAL STATUS: APPEAL LODGED APPEAL DECISION APPEAL START DATE 25/10/2012 APPEAL DECISION DATE

APPLICATION NO: 02781/2012 APPLlCANT: Mr & Mrs A Whiteman PROPOSAL: Change of use of public house to dwelling. LOCATION: Harris Arms, Portgate, Lewdown, , Devon, EX20 4PZ APPEAL STATUS: APPEAL LODGED APPEAL DECISION APPEAL START DATE 14/11/2012 APPEAL DECISION DATE

APPLICATION NO: 02132/2011 APPLlCANT: Mr J Russell PROPOSAL: Erection of replacement dwelling (existing bungalow to be demolished) and associated works including erection of detached garage. LOCATION: Bryher, Brentor, Tavistock, Devon, PL19 0NQ APPEAL STATUS: APPEAL DECIDED APPEAL DECISION Appeal Dismissed APPEAL START DATE 20/06/2012 APPEAL DECISION DATE 31/10/2012

ENFORCEMENT APPEAL DECISIONS

REF. NO: E/00851/2010 APPELLANT: Mr Tim Woodcock

BREACH: Unauthorised building (garage/store) LOCATION: Tuzzies Barn, Tuell Down, Milton Abbot APPEAL STATUS: APPEAL DECIDED APPEAL DECISION Appeal Dismissed – compliance extended to 9 months DATE: 05/11/2012

REF. NO: E/00852/2010 APPELLANT: Mr Tim Woodcock BREACH: Breach of condition – Holiday let being used as full time dwelling LOCATION: Tuzzies Barn, Tuell Down, Milton Abbot APPEAL STATUS: APPEAL DECIDED APPEAL DECISION Appeal Dismissed – complaince extended to 9 months DATE: 05/11/2012

*P&L 56 DELEGATED DECISIONS The Committee received and noted the listed of delegated decisions (page 106 to the Agenda).

P&L 57 REVIEW OF SITE INSPECTION PROTOCOL The Member Services Manager presented a joint report with the Development Manager (page 119 to the Agenda) proposing a review of the current site inspection protocol to enable planning agents to attend site inspections but not to take part and to clarify the attendance of substitutes. Presented with the report at Appendix A (page 123 to the Agenda) was the current site inspection procedure and this showed the proposed changes to allow applicants\agents to attend.

With the proposal to amend the site inspection protocol came the opportunity to clarify the position of named substitutes attending site inspections. It was proposed that when a named substitute attended a site inspection that person should also attend the Committee meeting following to ensure that the Council’s adopted principles of decision- making and fairness are adhered to.

During discussion, Members asked for minor amendments to the proposed procedure, to ensure clarity that planning officers did not give opinions but only answer questions, and to ensure that the procedure stated that the Ward Member was able to give their views at the site inspection.

It was RESOLVED to RECOMMEND that the Constitution be amended to reflect the changes to the Site Inspection Protocol as set out in the Appendix and including the amendments suggested for clarity. (Revised version at Appendix A to the minutes).

P&L 58 THREE-YEARLY REVIEW OF GAMBLING STATEMENT OF LICENSING PRINCIPLES

Arising from Minute No P&L 28 – 2012/2013, the Licensing Manager presented a report (page 124 to the Agenda) on the three-yearly review of the Gambling Statement of Licensing Principles. The Council’s current Statement of Principles had been the subject of an extensive consultation exercise and the resulting proposed Statement of Principles for the 3-year period January 2013 to January 2016 was presented as Appendix A to the report (page 129 to the Agenda). Also presented with the report at Appendix B (page 166 to the Agenda) was a summary of the main changes to the Statement and, at Appendix C (page 168 to the Agenda), a list of consultees.

It was RESOLVED to RECOMMEND that the proposed Statement of Principles be approved and presented at the Council’s Meeting on 11th December 2012 for formal approval so that the Council can fulfil its legal duties under the Gambling Act 2005.

*P&L 59 REVIEW OF ENVIRONMENTAL HEALTH LICENSING FEES, GAMBLING PREMISES FEES AND TAXI LICENSING FEES The Licensing Manager presented a report (page 169 to the Agenda) proposing a revision to the fees and charges for the Environmental Health Licensing Fees and Charges and the Gambling Act 2005 Betting Premises Fees for the period 1st April 2013 to 1st April 2014. Four appendices were presented with the report: Appendix A (page 175 to the Agenda) the proposed Environmental Health Fees and Charges; Appendix B (page 182 to the Agenda) the proposed fees in respect of Betting Premises; Appendix C (page 187 to the Agenda) the proposed fees in respect of Taxi Licensing Fees and Charges; and, Appendix D a consultation response to the Taxi Licensing Fees consultation.

It was RESOLVED that: (i) the 2013/2014 Environmental Health Fees and Charges and the Gambling Act 2005 Betting Premises Fees as set out in Appendices A and B be approved and adopted from 1st April 2013; and, (ii) the 2013/2014 Taxi Licensing Fees and Charges as set out in Appendix C be approved and adopted from 1st April 2013, pending the outcome of consultation.

*P&L 60 SUMMARY OF LICENSING ACT 2003, GAMBLING ACT 2005, TAXI LICENSING, ENVIRONMENTAL HEALTH LICENSING AND CHARITABLE COLLECTIONS PERMISSIONS ISSUES 1st APRIL 2011 – 31st MARCH 2012 The Committee received and noted the list of licences and permits issued during the period 1st April 2011 to 31st March 2012 (page 190 to the Agenda).

(The Meeting terminated at 1:25 pm)

APPENDIX A TO MINUTES OF P&L COMMITTEE HELD 4 DECEMBER 2012

The proposed amendments are shown in Bold type.

Procedure for Site Inspections

The purpose of the site visit is to enable Members to view particular aspects of an application in context. No decision is reached on site and there is no debate as to outcome at the site meeting.

The only participants at site inspections are Members of the Planning & Licensing Committee (or their named Substitutes providing that substitute took part in the Committee meeting), the respective Ward Members (if not a Member of P&L) and a representative of the respective Town/Parish Council.

Neither the applicant/agent nor any third party may participate in the site meeting. Specific requests to view the proposal from a particular place (e.g. objector’s home) may, however, be accommodated at the Chairman’s discretion.

PROPOSE THE ABOVE PARAGRAPH CHANGED TO: The applicant/agent may attend the site meeting but not participate. At the discretion of the Chairman, they may be allowed to answer questions of clarity. Specific requests to view the proposal from a particular place (e.g. objector’s home) may be accommodated at the Chairman’s discretion.

1. Chairman formally opens the site inspection and invites the Planning Officer to describe the application with particular reference to those issues for which the inspection has been called (e.g. Effect on amenity of adjoining occupiers.)

The Planning Officer then describes the proposal and guides the Members to appropriate vantage points which may be within and/or outside the site.

2. Opportunity for Members to seek clarification from the Planning Officer.

3. Representative from Town/Parish Council invited to give their views.

4. The Ward Member to give their views.

5. Chairman formally closes the meeting.