At a Meeting of the PLANNING & LICENSING COMMITTEE held at the Council Chamber, Council Offices, Kilworthy Park, Drake Road, TAVISTOCK 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 Devon 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, 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. 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 West Devon 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 England 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 Exeter 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.