10 NOVEMBER 2011 Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors Mrs S A Arnold (Chairman) Mrs L M Brettle Mrs A R Green Mrs P Grove-Jones P W High S J Partridge J H Perry-Warnes R Reynolds R Shepherd B Smith Mrs A C Sweeney J A Wyatt N Smith - substitute for B Cabbell Manners Mrs A Fitch-Tillett - Poppyland Ward K E Johnson - Cromer Town Ward D Young - High Heath Ward Officers Mr S Oxenham - Head of Planning and Building Control Mr R Howe - Planning Legal Manager Mr J Williams - Team Leader (Major Developments) Mr G Lyon - Team Leader (Enforcement and Special Cases) Mr G Linder - Senior Planning Officer Miss J Medler - Senior Planning Officer Mr C Young - Senior Conservation and Design Officer Mrs N Turner - Strategy Team Leader Mr P Lumb - Sustainability Assistant Mr B Dye - Norfolk County Council (Highways) (139) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors M J M Baker and B Cabbell Manners. There was one substitute Member in attendance as shown above. It was noted that Councillor Baker was currently on honeymoon. The Committee wished him well for the future. (140) MINUTES The Minutes of a meeting of the Committee held on 13 October 2011 were approved as a correct record and signed by the Chairman. (141) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which she wished to bring before the Committee. Development Committee 1 10 November 2011 (142) DECLARATIONS OF INTEREST All Members declared interests, the details of which are given under the minute of the item concerned. (143) LANGHAM - 20060770 - Conversion and extension of buildings to provide hotel and village shop and erection of twenty-three holiday cottages; Former Glass Factory, North Street for Avada Country Homes Request for variation of terms of a Section 106 Obligation The Committee considered item 1 of the Officers’ reports concerning a request to vary the terms of the obligation (agreement) made on 5 December 2008 and relating to planning application 20060770. The Planning Legal Manager recommended that owners of the holiday cottages be required to remain members of the Management Company for as long as they owned the property in order to maintain the permanent linkage to the hotel. The Planning Legal Manager reported that Councillor P Terrington, a local Member, was unable to attend the meeting but had sent his comments. Councillor Terrington had consulted with members of the Parish Council, and his personal view was that every effort must be taken to maximise the local employment opportunities of the development. He also reported that the Parish Council had voted 3 to 1 in favour of the variation, although two members who had expressed a contrary view had not been able to attend the Parish Council meeting at which the vote was taken. Councillor S J Partridge proposed the Officer’s recommendation, including permanent linkage to the hotel by membership of the Management Company during the period of ownership of the cottages. This was seconded by Councillor B Smith. Councillor Mrs A R Green stated that she had opposed the cottages from the beginning, although she supported the reuse of the building. RESOLVED by 10 votes to 1 That the variation to the Obligation dated 5 December 2008 requested by the developer be agreed subject to a requirement for owners of the cottages to remain members of the Management Company for as long as they own the property. (144) DEVELOPMENT UPDATE MANAGEMENT AND LAND CHARGES PERFORMANCE The Committee noted item 2 of the Officers’ reports concerning the quarterly report in respect of planning applications and appeals for the period from July to September 2011, covering the turnround of applications, workload and appeal outcome, and land charge searches. The Head of Planning and Building Control stated that the backlog of cases had been reduced since the appointment of the planning graduate, but that headline performance figures would be unlikely to improve before the final quarter of the financial year. Development Committee 2 10 November 2011 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. (145) BODHAM - PF/11/1164 - Extension and conversion of former barn to provide residential dwelling; Land off Rectory Road, Lower Bodham for Mr B Shrive The Committee considered item 3 of the Officers’ reports. Public Speaker Mr B Shrive (supporting) The Senior Planning Officer referred to an email which had been sent by the applicant to all Members in respect of the draft National Planning Policy Framework (NNPF) and PPS2. The Senior Planning Officer outlined the relevant issues. The Senior Planning Officer read to the Committee an email which had been received from Councillor T Ivory, Cabinet Member for Localism, in which he referred to local support, and policy issues including the draft NPPF and the Ministerial Statement for Growth, which makes a presumption in favour of sustainable development, including economic and social sustainability, and the need to create economic growth. The proposal would provide a dwelling which would enable a local person to return to the area. Councillor Ivory considered that harm to the landscape setting of the area was a subjective issue of a single officer and that this view was not shared by local people. He urged the Committee to give appropriate weight to the views of the local community. He had also raised the point that whilst the report stated that the ruins made a contribution to the landscape, they were not listed and could be demolished at any time. He also considered that concerns regarding precedent were disingenuous as all planning applications had to be considered on their own merits. The Senior Planning Officer stated that the site was in an area where conversion to residential would be permitted under Policy HO9. However, Policy HO9 also required a building to be capable of conversion without substantial extension or rebuilding. This building was in a ruinous condition and would need a considerable amount of reconstruction. It was not possible to prevent removal of the structure. He also considered that the location was not sustainable. The Development Manager referred to Councillor Ivory’s comments and stated that there was no technical objection to the proposal, and he could understand why somebody would wish to return to their local area. However, Officers considered that Development Committee 3 10 November 2011 the substantial policy objections in this case were not outweighed by other material considerations. In terms of precedent, he stated that there were other people who would wish to move back to the area. The views expressed in the report with regard to the contribution the ruins made to the landscape setting of the area were those of the Head of Planning and Building Control and of the Planning Division. Councillor J H Perry-Warnes, the local Member, referred to nearby buildings which had been rescued from a ruinous state. He considered that the area was being improved and restored. He stated that the proposal would result in an additional dwelling in an area where there was a shortage. He proposed approval of this application which was seconded by Councillor N Smith. Councillor R Shepherd supported this application subject to recovery of materials. The Development Manager stated that the sites referred to by the local Member had an existing residential use at the time of restoration, whereas this site did not. There was a distinct difference in policy terms. He referred to a similar situation in Gunton Park which was refused and dismissed on appeal. Councillors S J Partridge and Mrs L M Brettle supported the Officer’s recommendation. As an amendment, it was proposed by Councillor J A Wyatt, seconded by Councillor R Reynolds That consideration of this application be deferred to allow an inspection of the site by the Committee and that the local Member and Chairman of the Parish Council be invited to attend. On being put to the vote, the amendment was declared carried by 7 votes to 5 and on being put as the substantive proposition it was RESOLVED by 8 votes to 4. (146) CROMER - PF/11/1025 - Erection of A1 (retail foodstore) with A3 (cafe) unit; B P I Service Station, Holt Road for Lidl UK GmbH All Members declared that they knew the landowner as he was a fellow Councillor. The Committee considered item 4 of the Officers’ reports. Public Speakers Mr S Eastwood (Cromer Town Council) Mrs D Meggy (objecting) Mr R Beaumont (supporting) The Team Leader (Enforcement and Special Cases) reported that one further letter had been received from a resident of Holt Road requesting the provision of a footbridge by the applicant. However, it was considered that there was insufficient justification to require the applicants to provide a footbridge in connection with this application. The Team Leader (Enforcement and Special Cases) reported that Environmental Health had requested a condition in respect of a ground source heat pump and confirmation of delivery hours. Discussion was needed with the applicant on these issues. Development Committee 4 10 November 2011 With regard to landscaping and biodiversity issues, the Conservation, Design and Landscape Manager (Landscape) had expressed concerns as to how the proposed low level planting scheme would fit in with other landscaping in the area. Further consideration of this issue, possibly involving relocation of the car parking area, may be necessary. The Team Leader (Enforcement and Special Cases) requested delegated authority to resolve this issue. He also requested delegated authority to address outstanding biodiversity issues, particularly with regard to bats. The Chairman referred to an issue that had arisen when the adjacent Homebase store was constructed in respect of a water tank to serve the sprinkler system. She also commented that although the landscaping surrounding the Homebase site was good, the internal landscaping was poor and she requested that attention be paid to this issue in respect of the current application. In response to comments made by the objecting spokesperson, the Planning Legal Manager considered that a Section 106 Obligation for the provision of a footbridge could not be justified as, in his opinion, it would fail to meet all the required tests. Councillor K E Johnson, a local Member, congratulated the Officers on the amount of work put into this application. He had received only letters of support for this application, with no objections. He considered that the concerns mainly related to the loss of the petrol filling station. However, many independent petrol stations had been lost because of competition and he considered that this facility would eventually close regardless of this proposal. With regard to traffic, he considered that this part of Cromer suffered because of the ‘by-pass’ created through Felbrigg. He considered that other measures could be put in place along the full length of Holt Road. He stated that the filling station employed five people, whereas the proposed supermarket would employ 44 people. He supported the application. Councillor S J Partridge stated that the bridge was dangerous to cross. However, it was some distance from the proposed store and it was unfair to place the burden on the applicant. He considered that this was an issue for the Highway Authority to resolve. He proposed approval of this application which was seconded by Councillor B Smith. The Chairman suggested that a motion be raised at Full Council in support of the local residents’ request for a footbridge. Councillor J H Perry-Warnes stated that the County Council was considering schemes it should support. He suggested that the applicant be requested to make a contribution towards the provision of a footbridge to start the process. The Planning Legal Manager reiterated his view that it was not appropriate to seek a contribution from the applicant. RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to satisfactory resolution of landscaping and biodiversity issues, no objection being received from the Conservation, Design and Landscape Manager and subject to the imposition of appropriate conditions, including limiting the total area devoted to the sale of goods, a limit on the amount of comparison goods sales area and limiting the store to occupation by a Limited Assortment Discount Retailer (LAD) as well as other relevant conditions required by consultees, including those requested by the Highway Authority. Development Committee 5 10 November 2011 It was further proposed by Councillor B Smith, seconded by Councillor J H PerryWarnes and RESOLVED unanimously That the Committee supports the submission of a motion to Full Council in support of the local residents’ request to Norfolk County Council for a footbridge to be provided over the railway line on the A148. (147) CROMER - PF/11/1082 - Installation of replacement shopfront; 57-59 Church Street for Iceland Foods Ltd The Committee considered item 5 of the Officers’ reports. Public Speakers Mr J Bond (Cromer Town Council) Mrs C Candish (objecting) Councillor K E Johnson, a local Member, expressed concern that the applicant had once again not sent a representative to attend the meeting. He considered that this showed contempt for the Council. He stated that Cromer Town Council had not changed its previous view and he urged the Committee to support the Officer’s recommendation. The Chairman stated that she had received a telephone call from the applicant stating that they had not been aware that the application would be considered at this meeting. However, the Head of Planning and Building Control had assured her that the applicant’s agent had been notified in accordance with the Council’s procedures. It was proposed by Councillor S J Partridge, seconded by Councillor J H PerryWarnes and RESOLVED unanimously That this application be refused on the grounds that the design for the replacement shopfront would continue to damage to the character and appearance of this highly prominent part of the Conservation Area in that it would fail to respect the balance and symmetry of the building, would create a flat and featureless facade, lacking depth and modelling, and would include a deep fascia which would bear no relationship to the capitals which define the lateral extent of the shopfront. The proposal would therefore fail to preserve or enhance the character and appearance of the Conservation Area and would conflict with adopted Core Strategy policies EN 4 and EN 8 of the Development Plan and would also fail to accord with Government guidance contained within Planning Policy Statement 5: Planning for the Historic Environment. (148) CROMER - LA/11/1214 - Application of painted render to approved rear extension; Exton House, 1 Surrey Street for Mr R Price All Members declared that they knew the applicant as he was a fellow Councillor. The Committee considered item 6 of the Officers’ reports. Development Committee 6 10 November 2011 Public Speaker Mr R Price (supporting) It was proposed by Councillor S J Partridge, seconded by Councillor J H PerryWarnes and RESOLVED unanimously That this application be approved. (149) HIGH KELLING - PF/11/1074 - Change of use to a spa retreat including single storey extensions to the side and rear, sauna, entrance canopy, new access route from Kelling Heath Holiday Park and formation of car park.; Squirrelwood Farm, Warren Road for Imagine Health & Spa Ltd The Committee considered item 7 of the Officers’ reports. Public Speakers Mrs A Finnegan (objecting) Mr B Boydell (objecting) Mr G Davis (supporting) The Senior Planning Officer reported that an email had been received from the owner of a mobile home on Kelling Heath Holiday Park who had objected to this application confirming that his concerns had been addressed. The Conservation, Design and Landscape Manager (Landscape) had confirmed that there was no evidence of bats on the application site and no further survey was necessary. Councillor D Young, the local Member, stated that there were arguments in favour of this application in respect of employment and tourism. He referred to the points raised by the objectors to this application and considered that some of these had been addressed or were not relevant to the current application. He considered that a condition should be imposed to require the construction of the roadway prior to the commencement of the development and to require construction traffic to use the new roadway. He considered that the address and postcode of the spa should be the same as Kelling Heath Holiday Park. He was concerned that delivery drivers may exit the site via Warren Road once they were through the gate from the car park. However, the house could be used as a large family house or bed and breakfast without the need for planning permission and he considered that the proposed development would create no more traffic than those uses. He requested that a condition be imposed to restrict opening times to those stated. The Senior Planning Officer accepted the suggestion with regard to the construction and use of the roadway. The gate should only be open for delivery vehicles. He stated that a lighting condition would be imposed to ensure that lighting was kept to a minimum. He referred to the applicant’s Design and Access Statement which gave details of the proposed session times and stated that a condition would be imposed if the application were approved. Councillor P W High suggested that a sign be placed at the entrance to Warren Road to prevent access from that direction. He proposed approval of this application subject to conditions. Development Committee 7 10 November 2011 The Development Manager stated that Use Class D2 related to leisure uses, and given the concerns of local residents in respect of noise he suggested that in this case the use be restricted to that applied for. He stated that it was not possible to impose a condition in respect of the postcode of the premises. RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to the imposition of appropriate conditions to include the construction of the roadway prior to commencement of development and routing of construction traffic, lighting, restriction of the use of the premises to that applied for and restriction of opening hours to between 9.30 am and 9 pm. (150) HOLT - AI/11/1066 - Display of illuminated/non illuminated advertisements; Budgens Store, Kerridge Way for Musgrave Retail Partners GB All Members declared that they knew the owner of the premises, who was a fellow Councillor. The Committee considered item 8 of the Officers’ reports. RESOLVED That the Head of Planning and Building Control be authorised to approve this application subject to no objection being received following expiry of the press notice and subject to the imposition of appropriate conditions. (151) NORTHREPPS - PF/10/1453 - Erection of 50 dwellings; The Railway Triangle Site, Norwich Road, Cromer for Hopkins Homes The Committee considered item 9 of the Officers’ reports. Public Speakers Ms L Fish (Northrepps Parish Council) Mr P McSparrow (objecting) Mrs V Callaghan (objecting) Mr R Houghton (supporting) The Team Leader (Major Developments) stated that whilst there were still concerns regarding the design, positive changes had been made from the original submission. He acknowledged the hard work that the Enabling Team Leader had put into analysing the viability report. He outlined the viability considerations and the offer made by the applicants. He stated that the applicants were now not offering a contribution towards upgrading of the footpath along the Norwich Road. Officers considered that there was no further scope for negotiations. The applicants had offered to commence the development within 12 months. The Team Leader (Major Developments) reported that correspondence had been received from the agent acting for the former owners of the site expressing concern at the reference to over-valuation of the land referred to in the report. The agent had explained that an offer had initially been made by the developer which had been Development Committee 8 10 November 2011 accepted without offering the land for sale on the open market to ensure that the land was developed by a reputable company. The owner was not prepared to reduce the price. The Team Leader (Major Developments) reported that trial trenches required by Norfolk Landscape Archaeology had been dug and were due to inspected shortly. The Team Leader (Major Developments) recommended approval of this application in accordance with the recommendation in the report and subject to the comments of the County Archaeologist. The Strategy Team Leader informed the Committee that she was generally satisfied with the location of the affordable housing units. To some extent this had been dictated by the constraints of the site, in that the flats are best located in the triangle part of the site. There were two groups, with the second in the middle of the scheme. The Sustainability Assistant stated that whilst full compliance with Policy EN6 would be ideal, in the event of concessions being necessary to secure the affordable housing, compliance with the Code for Sustainable Homes should be sought as a priority over renewable energy. Councillor Mrs A M Fitch-Tillett, the local Member, commended the Officers, applicant and agent for the work they had put into this application. However, she remained concerned about the overbearing appearance of the block at the entrance to the site. This concern was shared by Northrepps Parish Council and Cromer Town Council. She considered that a single-storey unit would be more appropriate. She referred to the difference in ground levels between the site and the adjacent dwellings. She also expressed concern in respect of the design of the scheme and lack of local distinctiveness at the entrance to Cromer. She considered that The Avenue could be used as a rat run and stated that she would pursue the County Council’s suggestion that the entire length of The Avenue be designated as a Quiet Lane with the Parish Council. The Team Leader (Major Developments) stated that the elevation facing properties on The Avenue had only a toilet window at ground floor level. He suggested that permitted development rights be removed in respect of the nearmost dwelling. He considered that there was now no reason to object to the relationship between the dwellings with the existing dwellings on The Avenue. The Chairman requested assurance that the proposal met the Council’s aim to ensure that affordable housing sat comfortably with market housing. The Senior Conservation and Design Officer stated that the affordable housing units had been sited at the far end of the site and others around the open space in the middle of the site. He stated that all materials used were for the most part traditional in appearance and the brick types were consistent throughout the scheme. Whilst sash windows and higher quality bricks were not used on the affordable units, they were not dissimilar in appearance. He suggested that a condition be imposed to require precise window details to be submitted for all units. Councillor B Smith expressed concern that the different road surfaces segregated parts of the site. He was also concerned at the design of the affordable units surrounding the open space and lack of landscaping around the flats. He considered that the large units at the entrance should be located further into the site with smaller properties at the edge. Development Committee 9 10 November 2011 The Senior Conservation and Design Officer explained that the changes in road surface and wall were to break up the roadway. He had no objection to the design of the affordable units. Councillor R Reynolds supported the views of the local Member. He considered that many of the concerns raised at the site inspection had been addressed. However, he considered that the affordable units should be spread across the site. Councillor Mrs L M Brettle suggested that the unit at the entrance be turned round so that the garage was adjacent to the dwellings on The Avenue. The Team Leader (Major Developments) explained that this would raise issues of liveability and reduce the visual interest at the entrance of the site. Councillor J H Perry-Warnes considered that the proposal was acceptable, subject to integrating the affordable units more closely in terms of materials. He proposed approval of this application, which was seconded by Councillor S J Partridge. RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to: 1) The receipt of the final comments of Norfolk Landscape Archaeology; 2) The completion of a Section 106 Obligation to secure the provision and phasing of the 16 units of affordable housing, a payment of £25,000 towards local play facility provision together with payments towards library and fire hydrant provision; 3) A condition requiring the commencement of development within 12 months of the date of approval; 4) Details of materials to be submitted to ensure that the affordable units are integrated with the market housing; and 5) The imposition of appropriate conditions to include materials, landscaping, highway works, open space provision/future maintenance, Code Level 3 compliance, foul and surface water details, and removal of permitted development rights in respect of the dwelling on plot 2. (152) THURSFORD - PF/11/0879 - Siting of mobile home for use of Equestrian Yard Manager; Land at Lime Kiln Farm, Hindringham Road for T F Lee & Son Councillor R Reynolds declared a personal interest in this application as he had known Miss Lee’s parents some years ago, although he did not know Miss Lee. The Committee considered item 10 of the Officers’ reports. Public Speaker Miss A Lee Councillor Mrs A R Green, the local Member, referred to the Government’s support for enterprise. She stated that animals were unpredictable and problems could not be foreseen. She considered that there was no reason to refuse this application. She stated that this was a form of farm diversity. She proposed approval of this application for a temporary period of two years. Councillor R Reynolds considered that this enterprise should be encouraged. He seconded the proposal. Development Committee 10 10 November 2011 In response to a comment from Councillor B Smith, the Development Manager stated that in the view of the Officers, the need for a second person to live full time on the site had not been justified. There was no question that a great deal of work had been put into the business. The Development Manager suggested that if the Committee were minded to approve this application, a condition should be imposed to tie the caravan to someone who is working on the holding and permission should be for a temporary period to allow monitoring. Whilst the current siting of the caravan was relatively unobtrusive, it was intended to relocate it to a more open area to allow connection into the septic tank and therefore a landscaping scheme would be required to reduce its impact. The Planning Legal Manager stated that whilst it could be considered as a diversification of the agricultural business, the livery business itself did not fall within the agricultural classification and therefore an agricultural occupancy condition could not be imposed. Following further discussion it was considered that a three year temporary approval could be justified. It was proposed by Councillor Mrs A R Green, seconded by Councillor R Reynolds and RESOLVED by 11 votes to 0 with 1 abstention That this application be approved for a temporary period of three years subject to the imposition of appropriate conditions to include restriction of occupancy of the caravan to a person who is employed on the holding and landscaping. Reason: The Committee accepts that there is a functional need for a second person working full-time in the livery and has taken into account the economic and employment issues which have been put forward by the applicant. (153) TRIMINGHAM - PF/11/0720 - Extension of caravan site to provide additional touring pitches; Land at Woodlands Holiday Park for Mr E Harrison Councillors Mrs S A Arnold, Mrs A R Green, J H Perry-Warnes and R Reynolds declared a personal interest in this application as they knew the Harrison family. The Committee considered item 11 of the Officers’ reports. Public Speaker Mr J Harrison (supporting) The Senior Planning Officer reported that the applicants would erect signs in respect of the permissive footpath. She reported that the Norfolk Coast Partnership had no objection to the proposal. The Countryside Access Officer was satisfied with the information submitted in respect of the permissive path. In answer to a question by the Chairman in respect of comments by the Open Spaces Society, the Senior Planning Officer stated that the permissive footpath would provide a link which did not currently exist. Development Committee 11 10 November 2011 Councillor Mrs A M Fitch-Tillett, the local Member, commended the application to the Committee. It was proposed by Councillor B Smith, seconded by Councillor J A Wyatt and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions to include details of existing and proposed levels across the site to be submitted and agreed. (154) APPLICATION RECOMMENDED FOR A SITE INSPECTION The Committee considered item 12 of the Officers’ reports. RESOLVED That a site visit be arranged in respect of the following application and that the local Member and Chairman of the Parish Council be invited to attend: BODHAM - PF/11/0983 - Erection of wind turbine maximum hub height 60m, maximum tip height 86.5m, associated infrastructure, single-storey substation building, access tracks and crane hard-standing; Land at Pond Farm for Genatec Ltd (155) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 13 of the Officers’ reports. (156) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 14 of the Officers’ reports. (157) NEW APPEALS The Committee noted item 15 of the Officers’ reports. (158) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 16 of the Officers’ reports. (159) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 17 of the Officers’ reports. (160) APPEAL DECISIONS The Committee noted item 18 of the Officers’ reports. The meeting closed at 1.45 pm. Development Committee 12 10 November 2011