Agenda, decisions and minutes

Minutes of the Meeting held on 30 march 2022 (previously circulated)

RESOLVED that the Minutes of the meeting held on 30 March 2022 be signed as a correct record.

RESOLVED that the Minutes of the meeting held on 30 March 2022 be signed as a correct record.

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

No item was raised as a matter of urgency.

No item was raised as a matter of urgency.

Report of the Chief Planner (CET/22/42), attached

The matter having been debated and having regard to the main material

planning policies and requirements,

it was MOVED by Councillor J Brook and SECONDED by Councillor L Hellyer

and

RESOLVED that, subject to the applicant entering into a deed of variation to

apply the terms of the previous legal agreement to the new permission,

planning permission be granted subject to the conditions set out in Appendix 1

of the Report (with variations to the conditions of the previous planning

permission highlighted) (with any subsequent minor material changes to the

terms of the agreement being agreed in consultation with the Chair and Local

County Councillor).

(N.B. In accordance with Standing Order 32(4) Councillors A Connett, D Cox,

J Hodgson and R Hannaford requested that their vote against the decision

taken be recorded)

(Suzi Coyne (Agent for the applicant) attended under the Public Participation Scheme and spoke in support of the application).

The Committee considered the Report of the Chief Planner (CET/22/42) on 

proposed variations to the conditions concerning the amendments to the phasing of an existing planning permission for landfill/land raise and the consequent alterations to the previously approved drawings.  

The Council’s Legal Adviser for this application reported on the legal considerations and the scope of the application in regard to use of Section 73 of the Town and Country Planning Act 1990 in the determination of this application. Members were advised that the use of Section 73 was the appropriate mechanism to deal with the proposed changes to the development and that the application before members was not a new planning application, but the effect of approval was the grant of a new permission.

The Chief Planner’s Report gave a reasoned assessment of the proposal, referring to all relevant policies and summarising the comments and views of interested parties received prior to the meeting. The Chief Planner also reported additional representations from Whitestone Parish Council and Dr G Fielding in objection and relating to consultation arrangements.

Member discussions and questions to the Officers (and which included points arising from the issues raised by the Speaker) related to the legal considerations and scope of the application; the type of material to be disposed, engineering fill, water management, ecology and biodiversity; landscape and visual impact; and highway and track access.

The matter having been debated and having regard to the main material planning policies and requirements,

it was MOVED by Councillor J Brook and SECONDED by Councillor L Hellyer  and

RESOLVED that, subject to the applicant entering into a deed of variation to apply the terms of the previous legal agreement to the new permission, planning permission be granted subject to the conditions set out in Appendix 1 of the Report (with variations to the conditions of the previous planning permission highlighted) (with any subsequent minor material changes to the terms of the agreement being agreed in consultation with the Chair and Local County Councillor).

(N.B. In accordance with Standing Order 32(4) Councillors A Connett, D Cox, J Hodgson and R Hannaford requested that their vote against the decision taken be recorded)

Report of the Chief Planner (CET/22/43), attached

The Committee noted the Report of the Chief Planner (CET/22/43) on the

notification of appeals lodged against refusal of planning permission:

(a) Straitgate Farm, Exeter Road, Ottery St Mary – Application

DCC/3944/2017; and (b) Hillhead Quarry, Uffculme – Application

DCC/3945/2017. The Report also outlined the process by which the appeals would be considered by The Planning Inspectorate and the timetable.

The Committee noted the Report of the Chief Planner (CET/22/43) on the notification of appeals lodged against refusal of planning permission:

(a) Straitgate Farm, Exeter Road, Ottery St Mary – Application DCC/3944/2017; and (b) Hillhead Quarry, Uffculme – Application DCC/3945/2017. The Report also outlined the process by which the appeals would be considered by The Planning Inspectorate and the timetable.

Report of the Chief Planner (CET/22/44), attached

The Committee received the report of the Chief Planner (PTE/22/43) on action taken under delegated powers.

The Committee received the report of the Chief Planner (PTE/22/43) on action taken under delegated powers.