Council Meeting held at Whitestone Parish Hall at 7.30pm on Thursday 8th December 2022
Attendance:- Chair – Councillor T Miles.
Councillors Cllrs T Baird, M Belt, V Bryant, A Evans, C Galton, P Lee, B Moody, S Llewelyn.
District Councillor A Swain – from 8.15pm
Mrs P Vaughan – Clerk to the Council
Apologies:- Cllr L Fairley, District Councillor Swain has indicated his having to attend another meeting and therefore will be arriving late.
76.1 22/02111/NPA Application for Prior Approval under Part 3 Class Q (a) and (b) paragraph W of the GDPO change of use of an agricultural building to 2 dwelling houses (1 smaller and 1 larger) at Styles Barton Meadow.
Whitestone Parish Council have considered and discussed this application 2/02111/NPA at Styles Barton Meadow for Prior Approval under Part 3 Class Q a) and b) paragraph W of the GDPO for the change of use of an agricultural building to two dwelling houses (one smaller and one larger). This application appears to be more or less a renewal of the permitted development approved under 20/00074/NPA. Whitestone Parish Council still regard this site that encompasses Styles Barton Meadow and Styles Barton along with all the agricultural barns that already have planning permission as being over developed. This site lies in a rural area and an Area of Great Landscape Value. Any additional development in this area of the parish will generate extra traffic accessing the highway at a potentially dangerous spot close to where the speed limit changes from 30mph to 60mph when travelling towards Exeter. Our Vehicle Activated Speed Sign installed close by (requested by those parishioners who live in that area) has recorded that a substantial number of vehicles passing this entrance are travelling much faster than 30mph. If Teignbridge District Council are minded to approve this application we would recommend the following:-
1. Specified conditions relating to biodiversity are drawn up and that they are adhered to.
2. Conditions relating to light spill both internally and externally are specified and adhered to due to the size and number of windows and glazed doors proposed and the close proximity to neighbouring dwellings both those established and those granted planning permission yet to be completed. This is an area of dark skies.
3. Conditions related to energy efficiency are incorporated into the conversion as Teignbridge District Council and Whitestone Parish Council have declared a climate emergency.
76.2 22/01826/FUL Change of use of land from agricultural to Class E(g) with new car parking area and access track. Land Opposite The Barn Ngr 284596 93959 Heath Lane, Whitestone Devon.
Whitestone Parish Council have been alerted by residents who border this property and sit under Whitestone Parish but this application appears to be lodged under Tedburn St Mary (TSM) Parish. TSM have already responded to this application and we agree with their findings and additionally raise our concerns. We are all very confused and alarmed at this application as we were with the previous application 21/02737/PN for Change of Use – Class R on the agricultural building. Nobody is aware of the “proposed commercial activity” and it has not been specified anywhere in this or the previous application. The Class R approval was granted under permitted development rights which allows buildings only to change use without the need for planning permission subject to certain criteria. Even though the previous application 21/02797/PN was granted Class R permission this permits the building only for a change of use but not for any operational development to convert the building to a flexible commercial use within Use Class E. We understand this means that the building’s classification has changed and it can be used for commercial purposes (Class E(g) which is effectively the same as the old B1 Use Class and includes i) office ii) the research and development of products or processes and iii) any industrial process, (which can be carried out in any residential area without causing detriment to the amenity of the area). As the Class R permitted development rights are restricted to a building this new application is applying to widen out that proposed use to the agricultural land surrounding the site to allow for access, parking etc. However, this is a full planning application and not subject to permitted development rights, therefore full consideration of all of the impacts to the neighbouring properties, traffic, pollution, noise, contamination and most importantly flooding etc must be assessed carefully, albeit noting the extant permission for change of use of the building itself for commercial purposes. As mentioned previously, Class R grants consent for a change of use to buildings only. Unlike Class Q, it does not grant consent for operational development to convert the building. A subsequent application for operational development will be required to convert the building for the commercial use granted by Class R. Any application will be a full planning application and considered against the local authority’s adopted policies. The subsequent full application will focus on matters of design and like any other agricultural conversion, the design should be in keeping with the rural character of the area and the agricultural reference retained. It would have been reasonably expected to see an application to convert the building prior to this application to develop the land. There is a particular vagueness with this application and the previous one with regards to the nature of use as the only detail provided is “Class E (g)”, therefore the question still remains, what is the exact intended use for this agricultural shed and land with an associated 12 car parking spaces etc. In the interests of planning transparency, this needs to be declared to enable the community and especially those affected by this development to be able to appropriately respond. We do not understand how a building that as yet has no approval for development to be converted and at present is only granted a change of use status to an “unspecified commercial use in open countryside” should then control the development of the agricultural land that it sits within, which is also an Area of Great Landscape Value (AGLV) and why should permission be granted for 12 car park spaces on land that has no change of use status and is still classed as agricultural land. This application proposes the grassing over of an existing farm track with an impermeable surface and to lay a new additional impermeable tarmac surface. As we know water will find the path of least resistance and will make its own destination. The building itself is an old agricultural shed that has not been subject to a structural survey and has not changed or been used differently or commercially as claimed at all since the change of use permission. Class R does not give any rights to the development of the building for conversion without a further full planning application or the agricultural land surrounding it. In theory, an application for conversion could be refused if it did not meet the criteria, therefore any permission to change the land at this stage is seen as premature and not appropriate and should be done afterwards or concurrently with an application for conversion, on that basis this application should be refused. It is strongly considered that the neighbouring farmland is at risk as currently there is no soakaway as claimed and it is feared that there is the potential for severe flooding if no proper scrutiny or planning permission is imposed for a proper SuD’s proposal. There has been previous flooding here. Presumably, foul waste will also be required for a commercial building, where is that going to be routed and the waste outlet? What about external changes to the building and light spill over adjacent farmland and rural countryside, etc? A commercial enterprise in this rural spot on a very dangerous steep, windy, badly pot-holed road is not recommended or sustainable by any means. In conclusion, Whitestone Parish Council strongly object to this application and fully support Tedburn St Mary Parish Council in their objection response already submitted. The application is too vague and requires significant information on the intended business activity to be able to assess the impacts to the neighbouring properties and wider community. We kindly request that Teignbridge District Council refuse this application.
76.3 Notification of an Appeal against the refusal of 22/00694/NPA - Application for Prior Approval under Part 3 Class MA and paragraph W of the GDPO at Cross Park Farm, Heath Cross for change of use of office building to a dwelling.
Grant of Conditional Planning Permission
76.4 22/01568/FUL Replacement dwelling with garage at Waldenfields, Road from Pound Corner to Pound Down Corner.
76.5 22/01455/HOU Single storey front extension at Barn Meadow, Heath Lane.
76.6 22/01473/VAR Variation of condition 2 on planning permission 19/01872/FUL (office building and associated works) to amend approved office building at Cross Park Farm, Heath Cross
76.7 22/01686/FUL Alterations to access and site layout (retrospective)at Cross Park Farm, Heath Cross
77.1 DCC493/2022 - Lower Hare Farm Landfill
Nothing new to report still no EA permoit application. Discussed the Lower Brenton Farm Landfill application at Shillingford which is now active again.
77.2 Enforcement matters
Discussion took place on some areas which had been reported to Councillors.
77.3 Crossway Play Area
Cllr Lee reported that the installation of the new equipment at the play area has now taken place and the groundworks under the swings seemed quite substantial.
77.4 Outside Toilet
Cllr Baird reported that the improvement to the toilet are had now been completed as previously agreed and the account for £463.00 has been presented for payment. This will allow for easier cleaning and it is hoped that it will be respected by users.
77.5 CCTV for carpark and play area
Discussion took place regarding this and it was agreed that details and advice be obtained regarding legalities and then meetings will be arranged with the Hall committee regarding taking this matter forward.
77.6 District Councillor Swain arrived at the meeting at this time and the Chair asked if he would like to give a report. He indicated that the Teignbridge Planning meeting for the Local Plan has been postponed from the 12th December and will now take place in January 2023. He gave an update on Springdale Farm suggesting that the Planning permission was invalid and would be required for the campsite venture.
77.7 Telephone Boxes
It was agreed that this venture was working to a degree and the initiative primarily was to ensure food did not go to waste, it is to be encouraged to provide a good swap of canned goods if you are able but to take the goods if you are in need. Further investigation into how a method of ventilation could be installed.
77.8 Vehicle Activated Speed Signs
Cllr Evans reported that this is still working and said that he would give an information update for inclusion in the Whitestone Magazine.
77.9 Climate Action
It was indicated that there is no action at the present time but meetings were being planned for the New Year.
78.1 Budget for 2023/24
Documentation regarding the expected finances of the Parish Council having been distributed it was proposed and seconded that the Precept for 2023/24 should remain as £6,100 with no increase from the Parish. A vote was taken and the proposal was adopted. Further information regarding budgetary figures will be distributed and discussed at the January meeting to finalise agreed expenditure.
78.2 2 School Houses rental to 1st December £825.00 - £79.20 (includes £13.20 VAT) = £745.80
78.3 1 School Houses rental to 2nd December £925.00 - £88.80 (includes £14.80 VAT) = £836.20
78.4 Teignbridge District Council repayment of Council tax for 1 School Houses £93.27
78.5 2 School Houses rental to 1st January £825.00 - £79.20 (includes £13.20 VAT) = £745.80
78.6 1 School Houses rental to 2nd January £925.00 - £88.80 (includes £14.80 VAT) = £836.20
The following expenditure was proposed and seconded for payment. All in favour and the cheques were signed by Councillor Miles and Councillor Belt
78.7 Mr L Blades £442.30 (Lengthsman works £312.30/Grass cutting £130.00) – cheque 664
78.8 David Murray Property Maintenance £463.00 – cheque 665
78.9 Parish Pals £12.34 – cheque 666
78.10 Society of Local Council Clerks £73.00 – cheque 667
78.11 Whitestone Parish Hall £314.74 – cheque 668
78.12 Fry and Son £37.80 (includes £6.30 VAT) – cheque 669
78.13 Clerk’s quarterly salary and expenses £438.13 – cheque 670
78.14 HM Revenue and Customs £90.00 (Clerk’s income tax on salary) – cheque 671.
Cllr Baird discussed the change of venue for the Parish Pals meetings for three weeks owing to use of the Hall for the upcoming Pantomime rehearsals.
There were no further reports and the meeting closed at 9.50pm
The next meeting of the Parish Council will be held on Thursday 12th January 2023.