Agenda, decisions and minutes

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  A list of county councillors who are also district, borough, city, parish or town councillors

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

Minutes of the Meeting held on 5 February 2025 (previously circulated)

RESOLVED that the minutes of the meeting held on 5 February 2025 be signed as a correct record.

RESOLVED that the minutes of the meeting held on 5 February 2025 be signed as a correct record.

Items which in the opinion of the Chair should be considered at the meeting as matters of urgency.

There were no items requiring urgent attention.

Report of the County Planning Manager (CET/25/44)

RESOLVED that, having considered the environmental information provided with the planning application and in response to the Regulation 25 requests, together with the significant effects identified in the Environmental Statement or by relevant consultees, planning permission be REFUSED for the following reasons:

1.     The proposed development would have an unacceptable landscape and visual impact on the distinctive characteristics of the Area of Great Landscape Value, the Exe Estuary and Farmlands Landscape Character Area and receptors within the local area including users of the public rights of way network, in particular:

a.     during operations, the scale, design and nature of the proposals would result in significant adverse effects on the distinctive agricultural character and scenic quality of the area and intrude into or obstruct panoramic views currently enjoyed from the network of public rights of way within and around the site; and

b.     the proposed restoration landform would detract from the distinctive character of the area due to the permanent change to the naturally undulating valley topography and field patterns of the site and its surroundings and the introduction of steep slopes at the eastern end of each valley that would appear as incongruous features in the local landscape. The proposals are therefore contrary to paragraphs 135, 187 and 198 of the National Planning Policy Framework; paragraph 7 of the National Planning Policy for Waste; Objective 5 and Policies W2, W12 and W14 of the Devon Waste Plan; Policy EN2A of the Teignbridge Local Plan 2033 and Policy EN4 of the emerging Teignbridge Local Plan 2020- 2040.

2.     The proposed development, by reason of the introduction of screening banks and vegetation and temporary landfilling activity in close proximity to the Peamore Registered Park and Garden, result in an adverse impact on the character, views from and setting of that heritage asset, contrary to Policy W13 of the Devon Waste Plan, Policy EN5 of the Teignbridge Local Plan 2033 and Policy EN17 of the emerging Teignbridge Local Plan 2020-2040.

(Russell Lowton, Freddie Palmer, John Burgess, Sam Wall, and Philip Higginbottom attended in person under the Public Participation Scheme and spoke in favour of the application).

(Jon Pearson, Cllr John Parrott, Janet Lilie, Ayesha Lovell, and Mike Elliott attended in person, under the Public Participation Scheme and spoke against the application)

Councillor Sanders declared a personal interest on receiving emails from different people regarding this application and stated he had acknowledged them but not responded to them. 

The Committee considered the Report of the County Planning Manager (CET/25/44) relating to a planning application for an inert landfill and recycling facility to be developed for a temporary period at Lower Brenton Farm near Kennford.

The application proposed three phases of inert waste landfilling to provide capacity for up to 700,000m3 of inert waste materials over a period of approximately 10 years. Phases 1 and 2 would occupy a valley within the ‘northern fill area’ with Phase 3 being within a separate valley forming the ‘southern fill area’. In addition, a temporary facility for the recycling of inert waste materials was proposed adjacent to the southern fill area.

The planning application was reported to the previous meeting on 5 February 2025 when a decision was deferred to enable the applicant to provide further information to address two of the proposed reasons for refusal.

Members were informed that there had been a couple of further responses to the proposal since the report was published from consultees - the Devon County Council Public Health team and also from Public Rights of Way. The number of objectors had also increased to 702.

The planning application, representations received and consultation responses were available on the Council website under reference DCC/4337/2023 or by clicking on the following link: https://planning.devon.gov.uk/PlanDisp.aspx?AppNo=DCC/4337/2023

It was considered that the main material planning considerations in the determination of the proposed development are waste and strategic planning policy; transportation, access and road safety; public rights of way, landscape and visual impact; biodiversity; drainage and flood risk; amenity and health; agricultural land and soil management; historic environment; and sustainability and climate change.

Members’ discussions and questions to the Officers related to proximity of the proposed landfill site to the delivery of a proposed new housing development, adverse effects of rural views and character, lorry movements around the site and neighbouring roads, safety issues for pedestrians, potential for further extensions for permission for a landfill site, clarification on inert materials, availability of other sites for landfill, and removal of hedgerows.

Cllr Connett MOVED and it was SECONDED by Councillor Cox an amendment to the recommendation in the report with the following addition:

3. The proposed development would significantly prejudice the delivery of the major housing allocation of EE2 Peamore and West Exe as identified in the emerging Teignbridge Local Plan 2020-2040.  

The amendment in the name of Councillor Connett was then put to the vote and declared LOST.

The matter having been debated and having regard to the main material planning policies and requirements, it  ...  view the full minutes text for item 79.

Report of the County Planning Manager (CET/25/45)

RESOLVED that, subject to the applicant entering into a S106 agreement relating to the replacement of the site’s existing permissions, vehicle access/egress and an annual contribution towards highway repair and maintenance, planning permission is 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).

(Steve Boundy attended in person under the Public Participation Scheme and spoke in favour of the application).

(Ricky Clitherow attended in person, under the Public Participation Scheme and spoke against the application)

The Committee considered the Report of the County Planning Manager (CET/25/44) relating to an application to consolidate the existing planning permissions for inert landfill, recycling and waste transfer currently on site, together with a lateral extension of the landfill site to provide additional capacity for approximately 575,000 cubic metres of inert waste at Holmacott Landfill Site. The site was a large inert waste landfill and recycling facility located between Barnstaple to the north east and Bideford to the south west.

The proposal would extend the life of the site by 15 years and the application further sought approval for the construction of 15 aggregate storage bays.

Planning permission for landfill operations was initially granted in 1990 with further phases approved in 1993 and 1994, the latter for a large extension which is the area continuing to be filled at present.

The planning application, representations received and consultation responses were available on the Council website under reference DCC/4374/2023 or by clicking on the following link: https://planning.devon.gov.uk/PlanDisp.aspx?AppNo=DCC/4374/2023

The main material considerations in the determination of the proposed development were waste policy; transportation, access and highway safety; landscape and visual impact; agricultural land and soil management; nature conservation and habitats; drainage and flood risk; amenity and health; historic environment and sustainability and climate change.

Members’ discussions and questions to the Officers related to noise levels and operational hours, phased restoration of the land, landscaping mitigation, monitoring of the operations, clarification that the new permission would revoke the previous conditions, concerns about importing additional materials, recycling material on site, lack of operational landfill sites in North Devon, and establishing a liaison group with local residents. 

It was agreed that a further condition about preventing sale of materials not processed on site should be added and agreed with the applicant.

The matter having been debated and having regard to the main material planning policies and requirements, it was MOVED by Councillor Yabsley and SECONDED by Councillor Brook and

RESOLVED that, subject to the applicant entering into a S106 agreement relating to the replacement of the site’s existing permissions, vehicle access/egress and an annual contribution towards highway repair and maintenance, planning permission is 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).

Report of the County Planning Manager (CET/25/46)

RESOLVED that permission is 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).

(Councillor Hughes, who was the local member, spoke in favour of the application).

(Councillor John Loudoun attended in person, under the Public Participation Scheme and spoke against the application)

The Committee considered the Report of the County Planning Manager (CET/25/46) relating to the creation of the a new cycle and pedestrian multi-use path, plus association works, land to the west of the A375, between Sidford and Sidbury. The application sought to create a new cycle and pedestrian multi-use path between Sidford and Hillside at Sidbury to provide a suitable active travel route as an alternative to the A375.

A decision on the application [minute *71] was deferred at the Development Management Committee on 5th February 2025 to enable Members to undertake a site visit prior to the next available committee meeting.

It was considered that the main material considerations in the determination of the proposed development are the principle of the development, its layout and design, highways and road safety, nature conservation, residential amenity, light pollution, flood risk and drainage, landscape and visual impact, archaeology and sustainable construction.

The planning application, representations received and consultation responses were available on the Council website under reference DCC/4404/2024 or by clicking on the following link: https://planning.devon.gov.uk/PlanDisp.aspx?AppNo=DCC/4404/2024

Member discussions and questions to the Officers related to the importance of having a site visit, increasing safety for pedestrians, cyclists and those using wheelchairs and mobility scooters, several residents in Hillside with off-street car parking, promoting active travel, and encouraging more people to walk and cycle.

The matter having been debated and having regard to the main material planning policies and requirements, it was MOVED by Councillor Brook and SECONDED by Councillor Trail and

RESOLVED that permission is 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).

Report of the County Planning Manager (CET/25/47)

The Committee received and noted the report (CET/25/47) on action taken under delegated powers.

The Committee received and noted the report (CET/25/47) on action taken under delegated powers.

Report of the County Planning Manager (CET/25/48)

The Committee received and noted the report (CET/25/48) on corporate responses on strategic planning applications sent to the relevant district councils.

The Committee received and noted the report (CET/25/48) on corporate responses on strategic planning applications sent to the relevant district councils.