Public Document Pack Committee Administrator Sally Gabriel Tel: 01884 234229 E-Mail: [email protected] PLEASE NOTE: Members of the public wishing to speak to a planning application are requested to contact the Committee Administrator before the meeting starts. MID DEVON DISTRICT COUNCIL PLANNING COMMITTEE A MEETING of the PLANNING COMMITTEE will be held in the Phoenix Chamber, Phoenix House on Wednesday, 11 May 2016 at 2.15 pm The next ordinary meeting of the Committee will take place on Wednesday, 8 June 2016 at 2.15 pm in the Phoenix Chamber, Phoenix House, Tiverton STEPHEN WALFORD Chief Executive 3 May 2016 Councillors: To be confirmed at the Annual Meeting A G E N D A MEMBES ARE REMINDED OF THE NEED TO MAKE DECLARATIONS OF INTEREST PRIOR TO ANY DISCUSSION WHICH MAY TAKE PLACE 1 APOLOGIES AND SUBSTITUTE MEMBERS To receive any apologies for absence and notices of appointment of substitute. 2 ELECTION OF CHAIRMAN To elect a Chairman for the municipal year. 3 ELECTION OF VICE CHAIRMAN To elect a Vice Chairman for the municipal year. 4 PUBLIC QUESTION TIME To receive any questions relating to items on the Agenda from members of the public and replies thereto. Note: A maximum of 30 minutes is allowed for this item. 5 MINUTES OF THE PREVIOUS MEETING (Pages 5 - 16) To receive the minutes of the previous meeting. 6 CHAIRMAN'S ANNOUNCEMENTS To receive any announcements the Chairman may wish to make. 1 7 ENFORCEMENT LIST (Pages 17 - 22) To consider the items contained in the Enforcement List. 8 DEFERRALS FROM THE PLANS LIST To report any items appearing in the Plans List which have been deferred. 9 THE PLANS LIST (Pages 23 - 46) To consider the planning applications contained in the list. 10 THE DELEGATED LIST (Pages 47 - 68) To be noted. 11 MAJOR APPLICATIONS WITH NO DECISION (Pages 69 - 70) List attached for consideration of major applications and potential site visits. 12 APPEAL DECISIONS (Pages 71 - 72) To receive for information a list of recent appeal decisions. 13 APPLICATION 15/00573/FULL - ERECTION OF NEW BUILDING FOR PROCESSING DIGESTATE FIBRE IN ASSOCIATION WITH EXISTING AD PLANT - LAND AT NGR 283096 113579 (MENCHINE FARM), NOMANSLAND (Pages 73 - 90) To receive a report of the Head of Planning and Regeneration regarding this application. 14 APPLICATION 16/0001/TPO MIXED SPECIES OF WOODLAND INCLUDING OAK, HAZEL, ASH, PINE AND MAPLE AT RED DEER HOUSE, OAKFORD, TIVERTON (Pages 91 - 94) Report of the Head of Planning and Regeneration regarding this Tree Preservation Order. 15 APPLICATION 16/00015/MFUL - ERECTION OF AN 83 BEDROOM PREMIER INN HOTEL AND INTEGRAL RESTAURANT WITH ASSOCIATED ACCESS AND LANDSCAPING AT MULTI STOREY CAR PARK, PHOENIX LANE, TIVERTON (Pages 95 - 122) Report of the Head of Planning and Regeneration regarding this application. 16 PLANNING PERFORMANCE AGREEMENTS (Pages 123 - 124) To receive a report of the Head of Planning and Regeneration advising Members on the proposed use of planning performance agreements for major applications and for associated changes to be made to pre- application advice guidance. 17 COMMITTEE DECISIONS 2015/16 WHICH WERE NOT IN AGREEMENT WITH OFFICER RECOMMENDATION. (Pages 125 - 128) Report of the Head of Planning and Regeneration providing information where the Planning Committee has made decisions not in agreement 2 with officer recommendation. 18 APPEAL DECISIONS 2015/2016 (Pages 129 - 154) Report of the Head of Planning and Regeneration providing information on the outcome of planning appeals for the financial year 2015/16. 19 PLANNING PERFORMANCE 2015/16 (Pages 155 - 160) To receive a report of the Head of Planning and Regeneration providing the committee with information on the performance of the Planning Services for Quarter 4 and the 2015/16 financial year. 20 START TIMES OF MEETINGS To agree a start times for meetings for the municipal year. The Human Rights Act 1998 came into force on 2nd October 2000. It requires all public authorities to act in a way which is compatible with the European Convention on Human Rights. The reports within this agenda have been prepared in light of the Council's obligations under the Act with regard to decisions to be informed by the principles of fair balance and non-discrimination. Anyone wishing to film part or all of the proceedings may do so unless the press and public are excluded for that part of the meeting or there is good reason not to do so, as directed by the Chairman. Any filming must be done as unobtrusively as possible from a single fixed position without the use of any additional lighting; focusing only on those actively participating in the meeting and having regard also to the wishes of any member of the public present who may not wish to be filmed. As a matter of courtesy, anyone wishing to film proceedings is asked to advise the Chairman or the Member Services Officer in attendance so that all those present may be made aware that is happening. Members of the public may also use other forms of social media to report on proceedings at this meeting. Members of the public are welcome to attend the meeting and listen to discussion. Lift access to the first floor of the building is available from the main ground floor entrance. Toilet facilities, with wheelchair access, are also available. There is time set aside at the beginning of the meeting to allow the public to ask questions. An induction loop operates to enhance sound for anyone wearing a hearing aid or using a transmitter. If you require any further information, or If you would like a copy of the Agenda in another format (for example in large print) please contact Sally Gabriel on: Tel: 01884 234229 Fax: E-Mail: [email protected] Public Wi-Fi is available in all meeting rooms. 3 This page is intentionally left blank Agenda Item 5 MID DEVON DISTRICT COUNCIL MINUTES of a MEETING of the PLANNING COMMITTEE held on 20 April 2016 at 2.15 pm Present Councillors Mrs H Bainbridge, Mrs C Collis, Mrs F J Colthorpe, Mrs G Doe, J M Downes, S G Flaws, P J Heal, D J Knowles, F W Letch, B A Moore, J D Squire and R L Stanley Apologies Councillor(s) K Busch and R F Radford Also Present Councillor(s) C J Eginton and Mrs J Roach Present Officers: Jenny Clifford (Head of Planning and Regeneration), Simon Trafford (Area Planning Officer), Amy Tregellas (Head of Communities and Governance and Monitoring Officer) and Julia Stuckey (Member Services Officer) 148 APOLOGIES AND SUBSTITUTE MEMBERS Apologies were received from Cllr R F Radford and from Cllr K Busch who was substituted by Cllr Mrs G Doe. 149 PUBLIC QUESTION TIME Referring to item 5 on the agenda Mr B Govett, a resident of Nomansland, said I would like to firstly correct a statement made by your planning officer Mr S Trafford at the planning meeting on April 6th. It was stated that lorries have been going off the lane into the ditch for the last 18 months. This is a totally incorrect statement and misleading to you all. Photo A (provided to Chair) shows the ditch bank undamaged. In fact the problem only started as a result of damage and bank eradication caused by the large lorry unit which undertook the laser pipe installation for connecting Edgeworthy Farm to Menchine farm (photos B and C). Note ditch bank still intact at commencement of the work. The road verge was destroyed by the large unit and as a result, lorries have gone off the road into the ditch as it was continually filled with water. As the road had no denotation drivers assumed it was a puddle, not a ditch and tried to drive through it (photos d and e) illustrates. Planning Committee – 20 April 2016 Page 5 147 As there have not been problems in the past the only works necessary is the reinstatement of the ditch bank. It must be appreciated the installation of a passing bay has never been and is not required now or in the future. The only thing the passing bay will do is to encourage vehicles to drive faster down the lane which will result in further eradication of our quality of life. It will also exacerbate the probability of a road traffic collision which could be overcome. Members should be aware of their responsibility to ensure the safety of rate payers and visitors using the facilities, the countryside, in the district which must not be overridden by profit for a company. Any monies available from the county council should be used to introduce road calming measures by width restrictions in Nomansland. Members should already be aware that there is a perpetual problem of traffic illegally speeding through our hamlet. This can, and should, be overcome by reducing the road width in places similar to those used and work well in other villages in Devon. Regrettably, the police do not have the resources to continually monitor and therefore overcome speeding in locations. Therefore installing a passing bay will not solve any problems, only exacerbate them. Members, please be aware, if a road traffic collision occurs as a result of an incorrect decision, you will be morally responsible. Therefore I would like my comments recorded in the minutes please as I may refer to them if a traffic collision does occur in the future. Mrs K Govett, referring to item 5 on the agenda asked why is there is a need for the proposed passing bay in the back lane if there are only going to be 9 tractor units going to Menchine per cycle, from Gibbett Moor? Could the Planning Department please make it clear as to how many units we could accurately expect if this planning application is allowed to go ahead? I suspect it may be more than 9.