11 FEBRUARY 2010
Minutes of a meeting of the DEVELOPMENT CONTROL COMMITTEE held in the Council
Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present:
Councillors
H C Cordeaux (Chairman for Minutes 32, 33 and 36)
Mrs C M Wilkins (Chairman for Minutes 26 - 31, 34, 35 and 37 - 48)
S J Partridge (Vice-Chairman (East))
J A Wyatt (Vice-Chairman (West))
M J M Baker
Miss P E Ford
Mrs A R Green
P W High
Mrs B McGoun
J H Perry-Warnes
B Smith
Mrs A C Sweeney
Mrs J Trett
Mrs L Walker
P J Willcox
Mrs P Bevan Jones - Sheringham North Ward
Ms V R Gay - North Walsham West Ward
Mrs H T Nelson - Sheringham South Ward
Mrs A M Tillett - Poppyland Ward
Officers
Mr S Oxenham - Head of Planning and Building Control
Mr P Godwin - Conservation, Design and Landscape Manager
Mr R Howe - Planning Legal and Enforcement Manager
Mrs E Smith - Solicitor
Mr G Linder - Senior Planning Officer (West)
Mr I Thompson - Senior Planning Officer (East)
Mr S Case - Landscape Officer
Mr P Rhymes - Conservation and Design Officer
(26)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors B Cabbell Manners, S C
Mears, J D Savory, Mrs M Seward and Miss C P Sheridan. There were no substitute
Members in attendance.
(27)
MINUTES
The Minutes of a meeting of the Development Control Committee held on 14 January
2010 were approved as a correct record and signed by the Chairman.
(28)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(29)
DECLARATIONS OF INTEREST
Councillors M J M Baker, Mrs B McGoun and J H Perry-Warnes declared interests,
the details of which are given under the minute of the item concerned.
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11 February 2010
(30)
HOLT CONSERVATION AREA: ADOPTION OF CHARACTER APPRAISAL AND
MANAGEMENT PROPOSALS
Councillor M J M Baker declared a personal, non-prejudicial interest in this matter as
his family had paid for the architect’s plans for The Fairstead.
The Committee considered item 1 of the officers’ reports which recommended the
adoption of Holt Conservation Area Character Appraisal and Management Proposals
(February 2010) for statutory planning purposes and as a material consideration in
the planning process.
The Conservation and Design Officer gave an overview of the document. He
outlined the key issues and main amendments to the document following public
consultation.
Councillor P W High reported that the Town Council was pleased that most of its
amendments had been incorporated into the document. He commended the officers
on a very good document and proposed the officer’s recommendation. Councillor M
J M Baker seconded the proposal.
Councillor Mrs H T Nelson considered that the document was very useful. She
stated that there were some very good buildings in Holt. However, a number of
inappropriate shop fronts had been installed recently.
She welcomed the
forthcoming car park to take cars off the streets.
Councillor Mrs B McGoun asked how many people had suggested the removal of
cars from the centre of the town altogether. The Conservation and Design Officer
stated that the issue had been highlighted but there had been no suggestion of
removing cars altogether.
Councillor H C Cordeaux referred to the condition of Shirehall Plain and requested
that the ‘A’ boards be removed.
Councillor Mrs C M Wilkins requested that the modern telephone boxes be replaced
by traditional red boxes.
Councillor P W High stated that pedestrianisation of the Market Place had been
considered but there was very little support from traders. He considered that the
pedestrianisation of Bull Street might be supported. He stated that the LDF
proposals included tidying of Shirehall Plain once the new car park was operational.
Work had been done with the County Council with regard to the ‘A’ boards but it was
difficult to get them removed.
Councillor M J M Baker considered that the pedestrianisation of the Market Place
would be unworkable given the need for deliveries.
Councillor J H Perry-Warnes, County Councillor for Holt, stated that he would take up
the issues regarding the ‘A’ boards and possible replacement of the telephone boxes
with Norfolk County Council.
Councillor Mrs A R Green requested that particular attention be paid to the lighting.
Councillor P W High stated that the street lighting was going to be replaced and the
lighting columns coloured black.
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11 February 2010
Councillor Mrs J Trett referred to the proliferation of road signage and considered
that it should be redesigned.
The Conservation, Design and Landscape Manager stated that it was important to
get the attention to detail right. It was necessary to be realistic about what could be
achieved. Holt residents, the Town Council and local businesses were keen and
interested in Holt’s continuing prosperity. The quality of the town was part of its
unique selling point and its importance to the economy should not be undermined.
Four of the six issues identified in the executive summary to the Character Appraisal
and Management Plan could be dealt with by NNDC on its own. The other issues
required working with other agencies.
The Conservation, Design and Landscape Manager stated that the document would
be used by the Council’s planning section when dealing with planning applications
affecting the character of Holt. Management issues would include Article 4
directions.
RESOLVED unanimously
(31)
1.
That the Final Draft of the Holt Conservation Area Character Appraisal
and Management Plan (February 2010) be recommended for formal
adoption by the Council for statutory planning purposes and as such be
a ‘material consideration’ in the planning process.
2.
That the proposed boundary changes as recommended in the draft
Appraisal document be adopted and publicised in accordance with the
Planning (Listed Buildings & Conservation Areas) Act 1990.
3.
That a programme of enhancement and improvement schemes is
prepared for the Conservation Area and that appropriate budgetary
provision is sought.
ARTICLE 4 (1)/(2) DIRECTION DRAFT PRACTICE NOTE
The Committee considered item 2 of the officers’ reports which recommended the
adoption of an Article 4 (1)/(2) Direction Practice Note for applications within
Conservation Areas.
In response to a question by Councillor Mrs C M Wilkins, the Conservation, Design
and Landscape Manager stated that members of the public could make a request for
a building to be locally listed. However, local listing offered minimal protection.
The Conservation, Design and Landscape Manager explained that the reason for the
practice note was to ensure that the regulations were applied fairly.
It was proposed by Councillor S J Partridge, seconded by Councillor H C Cordeaux
and
RESOLVED unanimously
That the ‘Article 4 (1)/(2) Direction Practice Note (February 2010)’ be
approved.
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11 February 2010
(32)
NORTH WALSHAM (WEST WARD) - NNDC TPO (North Walsham) 2009 No. 12
The Committee considered item 3 of the officers’ reports in respect of the
confirmation of a Tree Preservation Order to protect two Oak trees at the above site.
The Committee was informed that this site was in North Walsham West Ward and
not the East Ward as stated in the report.
Councillor Miss P E Ford reported that Councillor Ms V R Gay, a local Member,
supported the confirmation of the Tree Preservation Order. She considered that the
trees had significant amenity value, were visible from many directions and formed
part of the entrance to the town.
It was proposed by Councillor Miss P E Ford, seconded by Councillor Mrs C M
Wilkins and
RESOLVED unanimously
That North Norfolk District Council Tree Preservation Order (North
Walsham) 2009 No. 12 be confirmed.
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.
(33)
AYLMERTON - PF/09/1217 - Erection of two-storey dwelling; Land adjacent
Walnut Cottage, The Street, Aylmerton for R J Bacon Builders Ltd
The Committee considered item 4 of the officers’ reports.
Public Speaker
Mr Mickleburgh (Aylmerton Parish Council)
The Senior Planning Officer reported that the Highway Authority had agreed to the
imposition of a condition to protect the route of the surface water drain during
construction of the dwelling. He recommended approval of this application subject to
the imposition of conditions to include restricted time limit, materials, access and
parking details and protection of the surface water drain.
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11 February 2010
Councillor Mrs H P Eales, the local Member, considered that the design would be out
of character with other buildings in The Street and did not accord with Core Strategy
policy. Whilst this was backland development it would be visible from the road. She
stated that local residents were concerned about surface water drainage and possible
flooding if the drain was not protected.
Councillor Miss P E Ford stated that this proposal was supported by the
Conservation, Design and Landscape Manager. With reference to concerns raised
by the Parish Council representative, she stated that the architect had won awards for
contemporary design. She proposed approval of this application which was
seconded by Councillor Mrs J Trett.
Councillors S J Partridge and J H Perry-Warnes expressed concern that this
application conflicted with Core Strategy policy EN1.
The Head of Planning and Building Control explained that there was a conflict
between Core Strategy policies which had to be balanced. Whilst he understood that
some Members considered that the design of the proposed dwelling did not fit with
the essential character of existing development in the village, he considered that it
was acceptable.
As an amendment, it was proposed by Councillor P W High, seconded by Councillor
P J Willcox
That this application be refused on grounds that the proposed design
would be out of character with the village.
On being put to the vote, the amendment was carried by 8 votes to 3 with 2
abstentions and RESOLVED upon being put as the substantive proposition.
(34)
BODHAM - PF/09/1202 - Erection of agricultural building and formation of
access roadway; Land at Hart Lane Bodham for Mr D Knowles
Councillor J H Perry-Warnes declared a personal interest in this application as the
applicant was known to him and he knew the Parish Council representative and the
objecting spokesperson.
The Committee considered item 5 of the officers’ reports.
Public Speakers
Mr Cubitt (Bodham Parish Council)
Mr Beeson (objecting)
Mr Knowles (supporting)
The Senior Planning Officer reported that the applicant’s agent had confirmed that
the applicant held an agricultural holding certificate but further clarification on this
matter was being sought. The applicant’s intention was to grow fruit trees and soft
fruit and the building would be used to store the crop, packaging and machinery.
The Senior Planning Officer recommended approval subject to the imposition of
appropriate conditions.
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11 February 2010
Councillor J H Perry-Warnes, the local Member, considered that the building was too
large, industrial in nature, with a concrete roadway, and vehicles would exacerbate
the existing problems on Hart Lane. He considered that the area should be retained
as a meadow and stated that it was an area of high landscape value and the source
of the River Glaven. He referred to two enforcement matters on nearby sites and
considered that this application would spread the problem. He considered that the
applicant had the best intentions but that this was an inappropriate location for the
proposed development. He suggested a site visit.
The Head of Planning and Building Control explained that the former Area of High
Landscape Value designation no longer applied under the Core Strategy. He
explained that the concrete roadway into the entrance to the site was a requirement
of the Highway Authority. He advised the Committee that there was no business test
required for the development and there was a presumption towards agricultural
development in the Countryside.
Members expressed concern regarding the need for a building of the size proposed
when it would take some time for the crop to establish and questioned the applicant
as to his intentions.
Mr Knowles outlined his proposals for the fruit trees and explained that the building
was needed for storage, cleaning and maintenance of agricultural machinery. In
answer to a further question he explained that the roadway was intended to be
constructed from rubble with a hardcore surface.
It was proposed by Councillor Mrs A R Green, seconded by Councillor Mrs L Walker
That the Head of Planning and Building Control be authorised to approve this
application subject to negotiations for a smaller building and a five-bar gate to
replace the existing gates.
As an amendment, it was proposed by Councillor J H Perry-Warnes, seconded by
Councillor S J Partridge
That this application be refused on grounds that the scale of the
building is excessive.
On being put to the vote, the amendment was declared carried by 7 votes to 6 with 1
abstention, and on being put as the substantive proposition it was RESOLVED by 8
votes to 5 with 1 abstention.
(35)
HOLT - PF/09/1127 - Change of Use from B1 (Light Industrial) to A1 (Retail); The
Tithe Barn, Letheringsett Hill, Holt, NR25 6RY for Cley Spy Ltd
During discussion and following legal advice, Councillor M J M Baker declared an
interest in this application (see below).
The Committee considered item 6 of the officers’ reports.
Public Speaker
Mr Marriott (supporting)
The Senior Planning Officer reported that Councillor Mrs L M Brettle, Member for
Letheringsett, supported the proposal subject to conditions.
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11 February 2010
Councillor Mrs L Walker considered that this proposal would not impact on Holt town
centre. She proposed approval of this application subject to the applicant also being
allowed to sell auxiliary equipment.
Councillor H C Cordeaux considered that this proposal was a good use of the
building. He considered that it would generate less traffic movements than the
approved holiday units. He asked what controls the Authority had over signage. He
seconded the proposal.
The Head of Planning and Building Control explained that signage may require a
separate application under the Advertisement Regulations.
No signage was
included in the current application. He referred to the applicant’s statement and
requested authority to amend the wording of the condition to ensure that no items
were sold which were unconnected to the optical business.
Councillor M J M Baker, a local Member, expressed concern that the application was
in the open countryside and contrary to policy. He was also concerned that there
could be future applications to alter the exterior of the building which would change
its character. He questioned how auxiliary equipment would be defined and how the
sale of such items would be policed. As an amendment, he proposed that
permission be personal to the applicant which was seconded by Councillor S J
Partridge.
Councillor P W High, a local Member, supported this application.
The Head of Planning and Building Control advised the Committee with regard to
personal permissions.
The amendment was put to the vote and declared lost with 5 Members voting in
favour and 8 against.
The Committee discussed the original proposal for approval subject to an amended
condition regarding auxiliary equipment.
In response to a question Mr Marriott listed the items currently sold by his business,
including specialist clothing.
Councillors Mrs Walker, Mrs McGoun and Mrs Trett questioned Councillor Baker’s
possible interest in this application given the items listed by the applicant.
Councillor Baker explained that he did not sell the listed items. However, he was
concerned that items such as clothing were non-specialised.
The Solicitor stated that she had advised Councillor Baker that on the basis of the
extremely specialised nature of the proposed retail outlet for the sale of optical
equipment for bird watching and nature watching he did not have an interest.
However, as it now appeared that, if granted, the application would allow for the sale
of clothing, he should declare an interest.
Following the Solicitor’s advice, Councillor Baker declared an interest and took no
further part in the meeting.
Following concerns raised with regard to delegation of conditions in this matter, the
Head of Planning and Building Control suggested that this application be deferred to
allow a full list of items to be obtained and further consideration given to the wording
of the conditions.
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11 February 2010
It was proposed by Councillor H C Cordeaux, seconded by Councillor P J Willcox
and
RESOLVED by 9 votes to 4
That consideration of this application be deferred to allow a full list of
items to be obtained and further consideration given to the wording of
the conditions.
(36)
OVERSTRAND - PF/09/1074 - Erection of One-and-a-Half-Storey Dwelling; 20
Cromer Road Overstrand for Ms J Parkin
The Committee considered item 7 of the officers’ reports.
The Senior Planning Officer reported that the Coast Protection Engineer had no
objection to the loss of trees and had confirmed that there would be minimal impact
on cliff erosion. However, he had suggested that surface water be discharged to a
series of small soakaways or to the public sewer.
The Senior Planning Officer requested delegated authority to approve this application
subject to no new points of objection being raised to the amended siting and subject
to the imposition of appropriate conditions in respect of visibility splays, access and
parking area, tree protection, landscaping and sustainability issues.
Councillor Mrs A M Tillett, the local Member, emphasised the importance of trees to
Overstrand and in particular to the stability of the cliffs. She stated that cliff falls in
this area were caused by rotational slump because of excess groundwater, rather
than wave action. Trees on the cliff top helped absorb the excess water. She
considered that it was imperative that every tree was retained. She requested a
proper discussion about trees on the coastal strip.
Councillor M J M Baker questioned the need for two accesses. He suggested that
the new dwelling be accessed from the existing access which he considered would
result in minimal loss of trees.
The Senior Planning Officer stated that the use of the existing driveway would require
improvements to visibility which would affect the tree belt.
Councillor Mrs L Walker supported Councillor Mrs Tillett’s views.
refusal of this application.
She proposed
It was proposed by Councillor M J M Baker, seconded by Councillor Mrs C M Wilkins
that this application be approved subject to the use of the existing access drive and
subject to the imposition of appropriate conditions.
Councillor Mrs Walker withdrew her proposal.
The Head of Planning and Building Control advised the Committee that if it were
minded to refuse this application because of the loss of trees it should be for reasons
of amenity. The Coastal Engineer had no objection in respect of loss of trees.
In response to a question by Councillor Miss P E Ford, the Landscape Officer stated
that there would have been no objection to the removal of the trees had an
application been made under the Tree Preservation Order. He stated that better
quality trees would need to be removed to improve visibility at the entrance to the
existing drive than those to be removed under the current proposal. He referred to
the replanting scheme and methodology statement submitted with the application.
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11 February 2010
Councillor Mrs C M Wilkins withdrew her seconding of Councillor Baker’s proposal
It was proposed by Councillor Miss P E Ford, seconded by Councillor S J Partridge
and
RESOLVED by 11 votes to 0 with 3 abstentions
That the Head of Planning and Building Control be authorised to
approve this application subject to no new points of objection being
raised to the amended siting and subject to the imposition of
appropriate conditions in respect of visibility splays, access and
parking area, tree protection, landscaping and sustainability issues.
(37)
SHERINGHAM - PF/09/1105 - Erection of Single-storey Dwelling with
Accommodation in Roofspace; Land at 7 Norfolk Road Sheringham for F W
Smith (Builders) Ltd
The Committee considered item 8 of the officers’ reports.
Councillor Mrs H T Nelson, a local Member, stated that she had asked for this
application to be referred to the Committee because of the proximity to the
neighbouring property and inconsistency in the Highway Authority’s views. She was
concerned with regard to the amount of backland development that had taken place
in this part of Sheringham.
It was proposed by Councillor S J Partridge, seconded by Councillor H C Cordeaux
and
RESOLVED by 11 votes to 3 with 1 abstention
That this application be approved subject to the imposition of
conditions including those requested by the Highway Authority, the
Sustainability Co-ordinator and the removal of permitted development
rights.
(38)
SHERINGHAM - PF/09/1165 - Change of use from residential to B1 (office); 1
Huntley Crescent, Sheringham, NR26 8QQ for Victory Housing Trust
Councillor Mrs B McGoun declared a personal interest in this application as she was
a former trustee of the Victory Housing Trust. The Solicitor confirmed that there was
no conflict of interest.
The Committee considered item 9 of the officers’ reports.
Public Speaker
Mr Archibald (supporting)
Councillor Mrs P Bevan Jones, a local Member, considered that a three-bedroomed
home would be inappropriate in this location given its proximity to the sheltered units.
She considered that the proposal would be compatible with the area and supported
the officer’s recommendation.
Councillor Mrs H T Nelson, Member for Sheringham South, supported this
application.
Development Control Committee
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11 February 2010
Councillor Mrs L Walker expressed concern that the Member who had called in the
application had not attended the meeting.
She proposed the officer’s
recommendation which was seconded by Councillor Miss P E Ford.
In response to a question, Mr Archibald explained that Victory Housing Trust did not
provide the equipment itself. It had a partnership with the County Council’s Assistive
Technology Service. Equipment was supplied where there was a proven need.
Councillor M J M Baker questioned if the proposal was for B2 office use or whether it
was in fact a retail use.
The Head of Planning and Building Control stated that technically the ground floor
could be classed as A2 and requested delegated authority to consider this matter
further.
Councillor J A Wyatt expressed concern with regard to parking.
Mr Archibald confirmed that there would not be a large number of visitors and staff
would also go out to visit potential users.
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to further consideration of the
appropriate use class and subject to the imposition of appropriate
conditions, including one limiting the occupation of the office to staff
employed in association with the Assistive Technology Initiative.
(39)
APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee considered item 10 of the officers’ reports.
RESOLVED
That a site inspection be arranged in respect of the following
applications and that the local Members and Chairmen of the Parish
Councils be invited to attend:
HOVETON - PO/09/1244 - Erection of C2 (care home), neurological unit
and 24 residential with care apartments; Tilia Business Centre,
Tunstead Road, Hoveton, Norwich, NR12 8QN for Tilia Business Park
Ltd
NORTHREPPS – PF/09/1082 – Removal of conditions 1 and 3 of planning
permission ref: 20081434 and variation of conditions 4, 5 and 8 to
continue use of land as aerodrome with a phased increase in aircraft
movement from 1,780 to 3,500 per annum and to permit take-off and
landing at any time in an emergency and limited banner towing;
Northrepps Aerodrome, North Walsham Road, Northrepps, Cromer,
NR27 9LF for Gurney
The Committee noted that the rearranged visit to Brumstead would take place on the
same day.
Development Control Committee
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11 February 2010
(40)
APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 11 of the officers’ reports.
(41)
APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 12 of the officers’ reports.
(42)
NEW APPEALS
The Committee noted item 13 of the officers’ reports.
(43)
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 14 of the officers’ reports.
(44)
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 15 of the officers’ reports.
(45)
APPEAL DECISIONS
The Committee noted item 16 of the officers’ reports.
(46)
QUARTERLY PERFORMANCE REPORT
The Head of Planning and Building Control presented the quarterly performance
report which has been published in the Members’ Bulletin (issue 533 - 20 January
2010). The Committee noted the report.
(47)
EXCLUSION OF PRESS AND PUBLIC
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press
and public be excluded from the meeting for the following items of
business on the grounds that they involve the likely disclosure of
exempt information as defined in paragraph 6 of Part I of Schedule 12A
(as amended) to the Act.
(48)
POTTER HEIGHAM: ENFORCEMENT CASE
UNUATHORISED BUILDING RED ROOF FARM, LUDHAM ROAD
The Committee considered item 17 of the officers’ exempt reports in respect of an
existing enforcement case.
The Planning Legal and Enforcement Manager updated the Committee in respect of
this case.
Councillor Miss P E Ford considered that in this case it would be appropriate to allow
the building to remain subject to the owner being required to provide some form of
public benefit in return, such as a contribution towards affordable housing.
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11 February 2010
It was proposed by Councillor J A Wyatt, seconded by Councillor M J M Baker
That the Head of Planning and Building Control be authorised to
commence further criminal proceedings pursuant to Section 179 of the
Town and Country Planning Act 1990 as amended for non-compliance
with the Enforcement Notice and also to make an application for an
injunction under Section 187 of the Town and Country Planning Act
1990, such injunction proceedings to be subject to further legal advice
from the Legal Services team and/or reference to Counsel.
As an amendment, it was proposed by Councillor Miss P E Ford, seconded by
Councillor Mrs B McGoun
That an alternative method be explored to resolve this matter to include public
benefit.
On being put to the vote the amendment was declared lost by 2 votes to 11.
The original proposition was put to the vote and RESOLVED by 11 votes to 2.
The meeting closed at 1.15 pm.
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11 February 2010