Venue: Committee Suite - County Hall
Contact: Julia Jones, email - julia.e.jones@devon.gov.uk or contact 01392 380547
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Declarations of Interest Members of the Council will declare any interests they may have in any item to be considered at this meeting, prior to any discussion taking place on that item.
The other registrable interests of Councillors of Devon County Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes.
For details of District and or Town and Parish
Twin Hatters – please see here
Additional documents: Minutes: The Chair reminded Members they should declare any interests they may have in any item to be considered, prior to any discussion taking place on that item. The details of District and or Town and Parish Twin Hatters was on the attached list - A list of county councillors who are also district, borough, city, parish or town councillors |
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Minutes Minutes of the Meeting held on 23 October 2024 (previously circulated) Additional documents: Decision: RESOLVED that the minutes of the meeting held on 23 October 2024 be signed as a correct record. Minutes: RESOLVED that the minutes of the meeting held on 23 October 2024 be signed as a correct record. |
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Items Requiring Urgent Attention Items which in the opinion of the Chair should be considered at the meeting as matters of urgency. Additional documents: Minutes: There were no items requiring urgent attention. |
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Report of the County Planning Manager (CET/25/5) Additional documents: Decision: RESOLVED that this item be deferred until the next meeting. Minutes: The Chair invited the Director of Legal and Democratic Services to give a statement which informed committee members that a late application had been received from the applicant.
It was explained that the applicant was requesting the opportunity to provide further information to address the last two reasons for refusal, which both dealt with the inadequacy of the applicant’s Environmental Statement in relation to climate change and human health.
The Environmental Impact Assessment Regulations required that, for EIA development such as this planning application, the Council must ‘reach a reasoned conclusion on the significant effects of the proposed development on the environment’ having examined the environmental information provided by the applicant.
In addition to this the Town and Country Planning (Development Management Procedure) (England) Order 2015 (Article 35) stated that the local planning authority should ‘have worked with the applicant in a positive and proactive manner based on seeking solutions to problems arising in relation to dealing with a planning application’.
Given that the applicant had requested the opportunity to provide additional environmental information (albeit at a late stage in the application process), the legal advice was that it was reasonable to allow that opportunity through deferral of the application to the subsequent committee meeting. A decision not to allow the applicant this opportunity may leave the Council open to legal challenge and/or a costs claim at appeal.
Members of the public who wished to speak on this matter had been informed of the request to defer and were not in attendance.
As the agenda and report had been published, this was a matter for the Committee to determine..
Councillor Sanders therefore MOVED and it was SECONDED by Councillor Trail that, based on the legal advice received, the item be deferred until the next meeting.
Councillor Connett then MOVED and Councillor Cox SECONDED the following amendment:
The Development Management Committee notes, but does not approve of, the decision made on Friday 31st January to defer consideration of application DCC/4337/2023. The Committee acknowledges that for all practical purposes, consideration of this application must now be deferred until the next meeting on 2nd April 2025, and records that the decision to defer was made contrary to the Council’s Constitution. Further, the Development Management Committee formally records it apologies to the residents and respondents who had taken time, trouble and effort to respond to the application and had prepared to attend today’s meeting. The Committee acknowledges that communication from the Council to the community about the proposed delay could, and should, have been much better.
The Chair apologised for any confusion relating to this matter. The intention had been to enable the full information to come before the Committee for decision at the next meeting and to avoiding wasting the public or the applicants time or money attending a meeting where the item would not be heard.
It was noted that the communication had been inadequate and efforts would be made to improve this..
The amendment in the name of Councillor ... view the full minutes text for item 70. |
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Report of the County Planning Manager (CET/25/6) Additional documents: Decision: RESOLVED that this item be deferred pending a site visit and then brought back to the next available committee meeting.
Minutes:
RESOLVED that this item be deferred pending a site visit and then brought back to the next available committee meeting.
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Report of the Planning Development Manager (CET/25/7) Additional documents: Decision: RESOLVED that permission be granted subject to the conditions set out in Appendix 1 of the report (with any subsequent minor material changes to the conditions being agreed in consultation with the Chair and Local Member).
Minutes:
RESOLVED that permission be granted subject to the conditions set out in Appendix 1 of the Report (with any subsequent minor material changes to the conditions being agreed in consultation with the Chair and Local Member).</AI6> <AI7>
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Delegated Actions - Schedules of planning applications and consultation responses Additional documents: |
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Schedules of planning applications Report of the County Planning Manager (CET/25/8)
Additional documents: Decision: The Committee received and noted the report (CET/25/8) on action taken under delegated powers. Minutes: The Committee received and noted the Report of the County Planning Manager (CET/25/8) on action taken under delegated powers.
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Schedules of consultation responses Report of the County Planning Manager (CET/25/9) Additional documents: Decision: The Committee received and noted the report (CET/25/9) on corporate responses on strategic planning applications sent to the relevant district councils. Minutes: The Committee received and noted the Report of the County Planning Manager (CET/25/9) on corporate responses on strategic planning applications sent to the relevant district councils. |