Issue - meetings

Update from the Development Manager

The Committee noted the Development Manager’s report setting out 14 appeal decisions notified and was pleased to report that 11 appeals had been dismissed with only 3 allowed.

Members’ attention was drawn to the 3 appeals allowed.  The Development Manager referred to planning application 19/1525/FUL – Pendor, Exmouth Road, Colaton Raleigh.  The Inspector had disagreed with Members decision to refuse on sustainability grounds determining that the location, as a whole, did have acceptable facilities and allowed the appeal.  Members noted the Development Manager did not agree with the Inspectors decision as it was contrary to the Local Plan.

The second appeal related to planning application 19/1962/LBC – Fiddles Reach, Preston Farm, Upottery, Honiton.  Although the Inspector had accepted the proposed works would result in some changes to the listed building and its features, it was determined the changes would not be harmful to the building and allowed the appeal.

Finally, planning application 19/2233/FUL – Coldharbour Farm, East Hill, Ottery St Mary, EX11 1QL.  The Inspector had disagreed with Members decision to refuse on sustainability grounds determining the location of the site was an acceptable distance from the settlement and was an acceptable walking distance of amenities and therefore allowed the appeal.

Finally the Development Manager updated Members on an appeal that had been allowed by the Planning Inspectorate for planning application 19/1351/FUL – Land at Liverton Business Park that Members had previously considered.  Members noted that a third party had submitted a Judicial Review against the decision on the following grounds which would go before High Court for determination:

1.    The Inspector gave too much weight to National Energy Policy and that policy was dated;

2.    If the National Energy Policy was relevant the Inspector failed to apply it properly;

3.    A breach of natural justice that the application was dealt with by way of written representation.

The Development Manager advised Members would be notified when a decision had been made.