23 JULY 2009 DEVELOPMENT CONTROL COMMITTEE (WEST)

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23 JULY 2009
Minutes of a meeting of the DEVELOPMENT CONTROL COMMITTEE (WEST) held in the
Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present:
Councillors
H C Cordeaux (Chairman)
J A Wyatt (Vice-Chairman)
Mrs A R Green
P W High
S C Mears
J H Perry-Warnes
Mrs A C Sweeney
N P Ripley - substitute for J D Savory
Mrs P Bevan Jones - Sheringham North Ward
Mrs H T Nelson - Sheringham South Ward
Officers
Mr G Lyon - Acting Development Control Manager (East)
Mr R Howe - Planning Legal and Enforcement Manager
Miss J Medler - Senior Planning Officer (West)
Miss T Lincoln - Planning Officer (West)
(63)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
An apology for absence was received from Councillor J Savory. There was one
substitute Member in attendance as shown above.
(64)
MINUTES
The Minutes of a meeting of the Committee held on 25 June 2009 were approved as
a correct record and signed by the Chairman.
(65)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which he wished to
bring before the Committee.
(66)
DECLARATIONS OF INTEREST
All Members declared an interest, the details of which are recorded under the minute
of the item concerned.
(67)
High Kelling – 20081193 – Extension of Care Home to Provide Four, TwoPerson and Eight One-Person Single-Storey Units; Pineheath Nursing Home,
Cromer Road
Councillor H C Cordeaux vacated the Chair during consideration of this item to allow
him to speak from the floor as local Member.
Councillor J A Wyatt (Vice-Chairman) in the Chair.
Development Control Committee (West)
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23 July 2009
The Committee considered item 1 of the officers’ reports which sought reconfirmation
of a decision to approve this application following receipt of further clarification from
the applicant.
Public Speakers
Mrs Otty (High Kelling Parish Council)
Mr Bedford (objecting)
The Acting Development Control Manager reported that High Kelling Parish Council
had objected to this application on grounds related to Core Strategy Policies SS2 and
EN2. The Parish Council considered that this proposal was new housing in the
Countryside, had no substantial link with the existing care home and would set a
precedent for other development in the area. An additional letter had been received
from a local resident objecting on similar grounds. Whilst the concerns of the Parish
Council were noted, officers considered that there was a clear link between the units
and the care home.
Councillor H C Cordeaux, the local Member, expressed concerns with regard to the
tenure of the units, their link with the existing home and lack of clarity over the
proposal as this was an outline application.
The Acting Development Control Manager stated that the units would be covered by
Use Class C2 (Residential Institutions) and the entrant criteria for users of the site
was not a matter the Local Planning Authority could control. He explained that a
legal agreement would be required to ensure that the units were ancillary to the care
home. He referred to the indicative drawing supplied with the application and stated
that it would be possible to attach a condition to ensure that the units were physically
attached to the existing building.
The Planning Legal and Enforcement Manager added that the type of service offered
by the facility was a licensing matter. Officers had discussed the concerns and there
were, in his opinion, no cogent planning reasons for refusal that could be defended in
the event of an appeal.
Councillor S C Mears stated that from his professional point of view this was a very
good scheme. From his experience of facilities elsewhere in the country he
considered that physical attachment of the units was not relevant from a care
perspective.
It was proposed by Councillor N P Ripley, seconded by Councillor S C Mears and
RESOLVED by 4 votes to 3
That the Committee reconfirms its decision to approve this application
subject to the completion of a Section 106 Obligation to ensure that the
new units remain ancillary to the existing care home and subject to the
imposition of appropriate conditions to include restricting the vehicular
access to the main western access and a requirement for the units to be
physically attached to the existing care home.
Development Control Committee (West)
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23 July 2009
PLANNING APPLICATIONS
Where appropriate the Planning Officers expanded on the planning applications;
updated the meeting on outstanding consultations, letters/petitions received objecting
to, or supporting the proposals; referred to any views of local Members and answered
Members’ questions.
Background papers, including correspondence, petitions, consultation documents,
letters of objection and those in support of planning applications were available for
inspection at the meeting.
Having regard to the above information and the report of the Head of Planning and
Building Control, the Committee reached the decisions as set out below.
Applications approved include a standard time limit condition as condition number 1
unless otherwise stated.
(68)
BRISTON - 20090530 - Construction of revised parking area and access road;
plots 73 to 77 Jewel Close for Lomax Homes Ltd
The Committee considered item 2 of the officers’ reports.
Public Speaker
Mr Cox (objecting)
The Senior Planning Officer reported that a letter had been received from a local
resident concerning non-compliance with conditions imposed on planning permission
reference 20031575 in respect of filling in a disused pond. However, it was not
considered to be relevant to this application.
Councillor J A Wyatt, the local Member, expressed concern at the loss of amenity
space, impact on the residential amenities of 73 - 75 Bridge Close and considered
that the access would be dangerous. He considered there was no reason for moving
the access to the parking spaces. He proposed refusal of this application.
The Planning Legal and Enforcement Manager advised the Committee that in his
opinion the loss of residential amenity of the adjacent dwellings was a valid reason
on which to refuse this application. However, the Highway Authority had not raised a
highway safety objection.
It was proposed by Councillor J A Wyatt, seconded by Councillor P W High and
RESOLVED unanimously
That this application be refused on grounds that the proposal would be
detrimental to the reasonable amenities of the adjacent neighbours.
(69)
CORPUSTY - 20090467 - Erection of agricultural/horticultural buildings and
wind turbine and construction of roads, terraces and soil bund; Woodfruits
Locks Farm Road for Woodfruits
CORPUSTY - 20090398 - Siting of timber dwelling for supervisor of
agricultural/horticultural/agro-forestry unit; land at Locks Farm Road for Mr A
Den Engelse
These applications had been withdrawn.
Development Control Committee (West)
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23 July 2009
(70)
FAKENHAM - 20090364 - Erection of four three-storey dwellings; 25 Nelson
Road for Nelson Grove Development Limited
The Committee considered item 5 of the officers’ reports.
Public Speaker
Mr Gordon (objecting)
The Planning Officer reported that an amended site location plan was awaited. She
requested delegated authority to approve this application subject to the receipt of a
satisfactory amended site plan and imposition of appropriate conditions.
The Chairman expressed concern that the plans did not show the neighbouring
dwellings.
It was proposed by Councillor S C Mears, duly seconded and
RESOLVED
That consideration of this application be deferred to allow a site
inspection by the Committee and that the local Members and Town
Mayor be invited to attend.
(71)
SALTHOUSE - 20090434 - Erection of two-storey front extension, single- storey
side extension and dormer window; The Patch Coast Road for Mr Colman
Councillor H C Cordeaux vacated the Chair during consideration of this item to allow
him to speak from the floor as local Member.
Councillor J A Wyatt (Vice-Chairman) in the Chair.
The Committee considered item 6 of the officers’ reports.
The Senior Planning Officer reported that the agent had advised that revisions to the
scheme had reduced the amount of glazing by 20%.
Councillor H C Cordeaux, the local Member, referred to an email he had received
from a local resident objecting to this application on grounds of light pollution and
failure to comply with Core Strategy Policies EN13 and EN3. He stated that light
pollution was incremental, even if the amount of light from one property was
insignificant. The site was in a dark landscape and within the Area of Outstanding
Natural Beauty (AONB). He considered that this application should be refused, but
requested that the comments of the Conservation, Design and Landscape Manager,
Norfolk Coast Partnership and the Campaign to Protect Rural England (CPRE) be
sought prior to a decision being made.
Councillor N P Ripley stated that conservatories were also light polluters. He
considered that the design was innovative and proposed approval of this application,
which was seconded by Councillor P W High.
Councillor J H Perry-Warnes considered that a large window would be preferable to
the proposed design. He supported the local Member’s views.
Development Control Committee (West)
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23 July 2009
Councillor Mrs H T Nelson, as Cabinet Member for Tourism and Built Heritage,
considered that it would be a tragedy to introduce any more light into the area as the
dark landscape was an attraction for visitors.
As an amendment, Councillor H C Cordeaux proposed deferral of this application to
consult the Conservation, Design and Landscape Manager, Norfolk Coast
Partnership and CPRE. This was seconded by Councillor S C Mears.
Councillor N P Ripley withdrew his proposal.
The Acting Development Control Manager suggested that the Environmental
Protection Officer be consulted in respect of light pollution.
RESOLVED unanimously
That consideration of this application be deferred to consult the
Conservation, Design and Landscape Manager, Environmental
Protection Officer, Norfolk Coast Partnership and Campaign to Protect
Rural England (CPRE).
(72)
SHERINGHAM - 20081228 - Conversion of A1 (retail shop) to two-storey
dwelling and re-location of bin-store; Barber's Shop to rear 22 Station Road for
Museum Cottages
The Committee considered item 7 of the officers’ reports.
Councillor Mrs P Bevan Jones, a local Member, referred to the Town Council’s
objection. She objected to this application on grounds of overdevelopment and
impact on the tree of heaven.
Councillor Mrs H T Nelson, Member for Sheringham South Ward, supported the
Town Council’s comments regarding overdevelopment. She stated that the site was
located in a very special area and she did not support any further development.
The Acting Development Control Manager stated that there were other onebedroomed cottages with no amenity space in the vicinity. The building would
comply with the criteria regarding internal space. He stated that overdevelopment
grounds would be difficult to defend on appeal.
Members expressed concerns in respect of loss of light, overlooking, inappropriate
materials and design and loss of bin storage. The Planning Legal and Enforcement
Manager advised the Committee on possible grounds of refusal.
It was proposed by Councillor J H Perry-Warnes, duly seconded and
RESOLVED unanimously
That this application be refused on grounds that the proposal would
have an adverse impact on the amenity of neighbouring dwellings by
reason of overlooking and, subject to the agreement of the
Conservation, Design and Landscape Manager, on grounds of
inappropriate design and materials.
Development Control Committee (West)
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23 July 2009
(73)
SHERINGHAM - 20090533 - Change of use from dwelling to bed and breakfast
establishment and erection of retaining wall to provide five parking spaces
(renewal of planning permission: 20040949); The Heights 1 Vicarage Road for
Mr and Mrs Moss
All Members declared a personal interest in this application as Mrs Moss was a
fellow Councillor.
The Committee considered item 8 of the officers’ reports.
The Planning Officer reported that the applicants’ agent had advised that a structural
engineer had confirmed that the formation of the parking area would not affect the
structural integrity of the property.
Councillor Mrs H T Nelson, a local Member, expressed concern at the gradual
erosion of the area although she had no objection to this application.
It was proposed by Councillor S C Mears, duly seconded and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include those requested by the Highway
Authority, approval of brick type, approval of a landscaping scheme and
a requirement that no more than five rooms must be let at any one time.
(74)
APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 9 of the officers’ reports.
(75)
APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 10 of the officers’ reports.
(76)
NEW APPEALS
The Committee noted item 11 of the officers’ reports.
(77)
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 12 of the officers’ reports.
(78)
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 13 of the officers’ reports.
(79)
APPEAL DECISIONS
The Committee noted item 14 of the officers’ reports.
The meeting closed at 10.50 am.
Development Control Committee (West)
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23 July 2009
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