URL: https://democracy.northdevon.gov.uk/ieDecisionDetails.aspx?ID=4640

Decision Maker: Planning Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose:

Content: The Committee considered a report by the Planning Officer (JC) (circulated previously) regarding planning application 81925.   The Planning Officer (JC) advised the following:   ·         The receipt of a consultation response from Environmental Health since the publication of the report.  He read the consultation response to the Committee which advised that “the Application Form states hours of opening from 07:30 to 16:30 hrs Mondays to Fridays (excluding Bank Holidays). Given the context of this existing commercial site and the proposed opening hours, I do not expect any unacceptable noise impacts to arise.  I recommend consideration be given to including a condition restricting hours of use on any permission such that use does not occur outside the hours of 07:00 to 19:00 hrs daily (excluding Sundays and Bank Holidays) to protect residential amenity.”  He advised that in his view that the condition recommended by Environmental Health did not need to be implemented as the Council had control of the hours and by not including this condition would allow the Parks team to have more flexibility.  The proposed change of use would only permit the Council’s parks service team to use the site. ·         The flat was in an uninhabitable state. ·         Planning application 37761 on 15 July 2004 included a condition that the unit should be occupied by the owner, manager, employee of the associated dairy or immediate family and that this would prevent the occupation of the flat as it would be unlawful.   In response to questions from the Committee, the Planning Officer (JC) advised the following:   ·         The site was currently partly being used by the Parks team. ·         There was no condition previously imposed in terms of the operation hours.   In response to questions from the Committee, the Building Surveyor (agent) advised the following:   ·         The restriction of hours recommended by Environmental Health was for standard working hours. ·         The maisonette flat was located on the upper floor and was uninhabitable due to mould and its condition.   In response to questions from the Committee, the Service Manager – Development Management advised the following:   ·         As the maisonette flat could not be occupied, it could, if required, be utilised for storage in conjunction with the ground-floor area, which is also intended for storage.   RESOLVED (unanimous) that the application be APPROVED as recommended by the Planning Officer (JC).

Date of Decision: September 2, 2026