11 MARCH 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 53 - 56, 58, 62, 63, 65)
Mrs C M Wilkins (Chairman for Minutes 57, 59 - 61, 64, 66 - 74)
J A Wyatt (Vice-Chairman (West))
Mrs S A Arnold
B Cabbell Manners
Mrs A R Green
P W High
Mrs B McGoun
S C Mears
J H Perry-Warnes
Mrs M Seward
B Smith
Mrs A C Sweeney
Mrs J Trett
Mrs L Walker
P J Willcox
Mrs L M Brettle - substitute for J D Savory
Mrs G M D Lisher - substitute for S J Partridge
Miss D A Wakefield - The Raynhams Ward
Officers
Mr J Williams - Development Control Manager (East)
Mr G Lyon - Acting Development Control Manager (West)
Mr R Howe - Planning Legal and Enforcement Manager
Mr G Linder - Senior Planning Officer (West)
Miss J Medler - Senior Planning Officer (West)
Mr I Thompson - Senior Planning Officer (East)
Miss K Witton - Landscape Officer
(53)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors M J M Baker, Miss P E Ford,
S J Partridge and J D Savory. There were two substitute Members in attendance as
shown above.
(54)
MINUTES
The Minutes of a meeting of the Development Control Committee held on 11
February 2010 were approved as a correct record and signed by the Chairman.
(55)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(56)
DECLARATIONS OF INTEREST
All Members declared interests, the details of which are given under the minute of the
item concerned.
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11 March 2010
(57)
FAKENHAM (SOUTH WARD) - NNDC TPO (Fakenham) 2009 No. 11
The Committee considered item 1 of the officers’ reports in respect of a Tree
Preservation Order to protect one Group of trees (3 no. Ash and 1 no. Lime) at 73
and 75 Norwich Road, Fakenham.
The Landscape Officer reported that the site was in the South Ward and not as
stated in the report.
Councillor Mrs G M D Lisher, a local Member, stated that she had visited the site.
She considered that the lime tree was an obstacle to further development and asked
if that particular tree had specific merit.
The Landscape Officer explained that the group of trees had amenity value. The
removal of one of the trees would affect the amenity of the group.
It was proposed by Councillor Mrs G M D Lisher, duly seconded and
RESOLVED
That Tree Preservation Order (Fakenham) 2009 No. 11 at 73 and 75
Norwich Road, Fakenham be confirmed.
One Member abstained from voting.
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.
(58)
BACTON - PF/10/0039 - Erection of buildings and construction of water holding
basin; Shell UK Ltd, Paston Road for Shell UK Ltd
The Committee considered item 2 of the officers’ reports.
Public Speakers
Emma Lunt (supporting)
The Development Control Manager reported that Walcott Parish Council had no
objection. An amended Flood Risk Assessment had been forwarded to the
Environment Agency for consideration.
The agent had now submitted two
documents to the Council and to Natural England. An Appropriate Assessment
needed to be undertaken to establish whether there could be a significant effect upon
Paston Great Barn (Special Area of Conservation).
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11 March 2010
The Development Control Manager requested delegated authority to approve this
application subject to the Environment Agency and Natural England removing their
objections to the application; the completion of an ‘appropriate assessment’ pursuant
to Section 48 of the Habitats Regulations which concludes that there will be no
significant effect upon Paston Great Barn (Special Area of Conservation), and
subject to the imposition of appropriate conditions including those recommended by
the Highway Authority and Environmental Health Officer.
Councillor B Smith, a local Member, referred to concerns raised by Bacton Parish
Council as to whether or not the bus stop would be made permanent, and by
Knapton Parish Council in respect of the ability of the electricity substation to cope
with the additional load.
At the request of the Chairman Emma Lunt confirmed that the bus stop would be
temporary for the construction period only. She understood that there would be no
impact on the electricity supply. In answer to a further question she stated that Shell
would use local labour where possible but the contractor would be committed to use
some of its own labour force. The contractor was yet to be appointed.
In answer to Members’ questions the Development Control Manager explained that
the applicant intended to use the Seagulls Field car park area for parking in respect
of the construction of the holding tank, and that the Council would not be responsible
for the cost of the bat survey.
It was proposed by Councillor B Smith, seconded by Councillor Mrs C M Wilkins and
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to the Environment Agency and Natural
England removing their objections; the completion of an ‘appropriate
assessment’ pursuant to Section 48 of the Habitats Regulations which
concludes that there will be no significant effect upon Paston Great
Barn (Special Area of Conservation), and subject to the imposition of
appropriate conditions including those recommended by the Highway
Authority and Environmental Health Officer.
(59)
HELHOUGHTON - PF/10/0029 - Erection of single-storey rear extension; 46 The
Street, Helhoughton for Mrs S Cox
The Committee considered item 3 of the officers’ reports.
Public Speaker
Mrs Freeman (Helhoughton Parish Council)
Councillor Miss D A Wakefield, the local Member, stated that Helhoughton was
largely an unspoilt village with many old buildings. She considered that it should be
protected. She considered that whilst the rear of the cottages could not be seen from
the road it was no less worthy of preservation. There were attractive outhouses at
the rear. She considered that the rear of the cottages had already been spoilt by the
addition of a brick extension on one of the dwellings and cited this as an example of
how an adverse effect could be achieved by the use of inappropriate materials. She
considered that the proposal did not accord with Core Strategy Policy EN4 in that the
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11 March 2010
proposed materials were not locally distinctive, the proposal was not sympathetic to
the surrounding area and the addition of the extension would leave the adjacent
cottage boxed in. She considered that the proposal would not preserve or enhance
the Conservation Area and that any extension should be predominately brick and
flint.
Councillor J H Perry-Warnes proposed refusal of this application on grounds that the
proposed extension was inappropriate in the Conservation Area. This was seconded
by Councillor S C Mears.
The Acting Development Control Manager explained that the applicant could build a
larger extension in brick under permitted development rights, which could be more
harmful than the proposed wooden extension.
Councillor B Cabbell Manners proposed the officer’s recommendation as printed in
the report, which was seconded by Councillor Mrs J Trett.
Following further discussion and advice from the officers on this application,
Councillor J H Perry-Warnes withdrew his proposal for refusal.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs J
Trett and
RESOLVED by 9 votes to 6
That the Head of Planning and Building Control be authorised to
approve this application, subject to no new grounds of objection
following readvertisement and subject to the imposition of appropriate
conditions including one requiring details of the external colour finish
to be applied to the timber cladding to be approved prior to its first
application to the timber.
(60)
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
The Committee considered item 4 of the officers’ reports.
Public Speaker
Mr Wann (supporting)
The Senior Planning Officer reported that a meeting had taken place between the
applicant and the officers with regard to conditions to be imposed. The applicant had
confirmed that the non-optical equipment would be ancillary to the business and that
58m2 of floor space would be used for this equipment.
The Senior Planning Officer recommended approval of this application subject to the
imposition of appropriate conditions limiting the range and floor space of the goods
sold in relation to the business.
It was proposed by Councillor P W High, duly seconded and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions limiting the range and floor space of the goods
sold in relation to the business.
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11 March 2010
(61)
HOLT - PF/10/0080 - Erection of three-storey dwelling; Adjacent 6 Lees Terrace,
New Street for C T Baker Ltd
Councillor P W High declared a personal interest in this application as his wife was a
member of the Holt Housing Association which owned an adjacent property.
All Members declared a personal interest in this application as they were acquainted
with the managing director of the business as he was a fellow Councillor.
The Committee considered item 5 of the officers’ reports.
The Senior Planning Officer reported that the Building Control Manager had no
objection in respect of the amended plans. The Conservation, Design and
Landscape Manager had confirmed that he had no objections subject to the
imposition of conditions to include the detailing of the bay. The concerns of Holt
Town Council had been addressed by the replacement of the lift with a staircase.
The Senior Planning Officer recommended approval of this application subject to the
imposition of appropriate conditions.
Councillor P W High, a local Member, stated that he had spoken to the occupiers of
11 Lees Terrace. Having seen the amended plans they had now withdrawn their
objection. He had been unable to speak to the other objectors. He considered that
the proposed dwelling would cover the rear of Lees Terrace which was unattractive.
However, he was concerned at the small size of the proposed dwelling. He referred
to the parking issues on New Street which it was hoped would be resolved when the
new car park was open. He suggested a site inspection.
Councillor H C Cordeaux considered that a site inspection was unnecessary as the
photographs were very good. He considered that the proposed building was
interesting and cleverly designed.
It was proposed by Councillor P W High, seconded by Councillor H C Cordeaux and
RESOLVED by 12 votes to 0 with 2 abstentions
That this application be approved subject to the imposition of
appropriate conditions.
(62)
HOVETON - PO/09/1244 - Erection of C2 (care home), neurological unit and 24
residential with care apartments; Tilia Business Centre, Tunstead Road,
Hoveton for Tilia Business Park Ltd
This application had been withdrawn.
(63)
NORTH WALSHAM - PF/10/0158 - Erection of front porch; 63 Bacton Road, for
Mr and Mrs E Seward
Councillor Mrs M Seward declared a prejudicial interest in this application as she was
an applicant and vacated the Council Chamber during consideration thereof.
Councillor Mrs C M Wilkins declared a interest on behalf of the Committee as the
applicants were fellow Councillors.
The Committee considered item 6a of the officers’ reports.
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11 March 2010
The Senior Planning Officer reported that the Town Council had no objection to this
application.
It was proposed by Councillor Mrs C M Wilkins, duly seconded and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions.
(64)
SHERINGHAM - PF/10/0126 - Conversion of Redundant Shop to Dwelling;
Barber's Shop to rear of 22 Station Road for Museum Cottages
The Committee considered item 7 of the officers’ reports.
Public Speaker
Mr Booth (Sheringham Town Council)
The Senior Planning Officer reported that the applicants only had control over the
building and would be unable to relocate the bin store. Two further letters of
objection had been received from the occupiers of neighbouring properties and one
letter of support had been received.
The Senior Planning Officer read to the Committee a letter from Councillor Mrs P
Bevan Jones, a local Member, expressing concern with regard to impact on
neighbouring properties, human rights issues, damage to the tree of heaven, bin
storage, overdevelopment, parking and traffic issues.
The Senior Planning Officer recommended approval subject to the imposition of
appropriate conditions.
In response to comments by the Town Council spokesman, the Acting Development
Control Manager explained that this application should not be refused for reasons
related to bin storage as it had not been a reason for refusal of the previous
application. Members should consider whether or not the introduction of obscured
glazing overcame the previous objection.
Councillor B Cabbell Manners proposed refusal of this application on grounds that
the proposal would have an adverse impact on the amenity of neighbouring dwellings
by reason of overlooking. This was seconded by Councillor Mrs L Walker.
The Acting Development Control Manager suggested that the amenity objection
could be overcome if the window were kept shut.
Councillor Mrs B McGoun expressed concern at the living conditions for the
occupants if the bedroom window were sealed shut.
Councillor H C Cordeaux considered that the bin storage adjacent to the front door
may cause environmental issues.
In response to a question by Councillor J A Wyatt, the Landscape Officer stated that
there had been an arboricultural assessment in respect of the tree, which now had
the protection of a Tree Preservation Order. Crown lifting would be required to
facilitate development but this would not affect the health of the tree in the long term.
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11 March 2010
Following discussion, as an amendment it was proposed by Councillor P W High,
seconded by Councillor Mrs J Trett
That the Head of Planning and Building Control be authorised to
approve this application subject to Environmental Health having no
objection to the bin storage area, agreement on window opening issues
and subject to the imposition of appropriate conditions.
On being put to the vote, the amendment was declared carried by 10 votes to 4 with
2 abstentions, and on being put as the substantive proposition it was RESOLVED
accordingly.
(65)
WITTON - PF/10/0019 - Conversion of Redundant Agricultural Buildings to One
Dwelling and Two Units of Holiday Accommodation; Barns at Mill Common
House, Mill Common Road for Mr Pugh
The Committee considered item 8 of the officers’ reports.
Public Speaker
Alexandra Haswell (supporting)
The Senior Planning Officer emphasised the strength of the recommendation for
refusal.
Councillor Mrs L Walker, the local Member, stated that she had received letters of
support in respect of this application and had met the agents and applicant prior to
the meeting. She considered that this application would enhance the tourist facilities
and provide high quality facilities for disabled people. She considered that the
benefits to the local area outweighed the objections as it would help local business,
create work for local people and improve the building.
Councillor Mrs C M Wilkins expressed concern as the proposal would result in a new
dwelling in the countryside. She considered that the applicant should consider
adapting the existing dwelling. She referred to the emerging policy in respect of the
conversion of buildings in the countryside which had not yet been examined by the
Inspector. She stated that the proposal did not comply with existing Policy 29 and
considered that it would be dangerous to undermine the emerging policy at a critical
time.
Councillor H C Cordeaux suggested swapping the residential permission on the
existing dwelling with the agricultural building. The Senior Planning Officer stated
that this had been suggested to the applicant’s agent at an early stage, but had not
been accepted as it was necessary for the applicant to sell the existing dwelling to
fund the conversion.
Councillor P J Willcox asked if such buildings would be worthy of local listing. The
Development Control Manager explained that this was a matter which would have to
be considered by the Conservation, Design and Landscape Manager. He stated that
little weight could be given to emerging policy as it had not been examined by the
Inspector. Buildings would need to be put forward and approved for local listing
before any application for conversion could be considered as an exception to the
policy.
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11 March 2010
It was proposed by Councillor Mrs L Walker, seconded by Councillor P J Willcox that
this application be approved.
The Development Control Manager stated that, in his opinion, approval of this
application would be a significant departure from the development plan and the
application would therefore need to be deferred to the next meeting under the
Committee’s terms of reference. The Planning Legal and Enforcement Manager
supported this view.
Councillor S C Mears referred to cases where temporary permission for permanent
residential use of holiday dwellings had been given on the basis that the buildings
would revert to holiday use when they were no longer needed for permanent
residential.
The question was put to the applicant’s agent who confirmed that she would be
prepared to consider this suggestion.
Councillor Mrs Walker amended her proposal to authorise the Head of Planning and
Building Control to approve this application for a temporary period subject to
negotiations in respect of a Section 106 Agreement to revert to holiday occupancy
when no longer required.
On being put to the vote, the proposal was declared lost with 2 Members voting in
favour, 11 against with 4 abstentions.
It was proposed by Councillor Mrs C M Wilkins, seconded by Councillor J H PerryWarnes and
RESOLVED by 10 votes to 2 with 5 abstentions
That this application be refused on grounds that the proposal conflicts
with saved Policy 29, with Policy EC2 and with the emerging
replacement Policy HO9 by reason of the proposed permanent
residential use of a barn in an unsustainable rural location.
(66)
APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee considered item 9 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:
CORPUSTY - PF/09/0906 - Use of Land for Siting Timber Dwelling for
Supervisor of Agricultural/Horticultural/Agro-Forestry Unit; Woodfruits,
Locks Farm Road, Corpusty for Mr Den Engelse
WEYBOURNE - PF/09/1270 - Installation of buried electrical cable
system in connection with off-shore wind farm; Land from Weybourne
to Great Ryburgh for Dudgeon Offshore Wind Ltd
(67)
APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 10 of the officers’ reports.
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11 March 2010
(68)
APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 11 of the officers’ reports.
(69)
NEW APPEALS
The Committee noted item 12 of the officers’ reports.
(70)
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 13 of the officers’ reports.
(71)
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 14 of the officers’ reports.
(72)
APPEAL DECISIONS
The Committee noted item 15 of the officers’ reports.
(73)
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.
(74)
PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 16 of the officers’ exempt reports updating the
situation previously reported concerning the schedule of outstanding enforcement
cases and unresolved complaints more than three months old as at 31 December
2009.
RESOLVED
1.
That the contents of the report and the annexed Schedules of Current
Enforcement Cases be noted.
2.
That the cases where compliance has been achieved be removed from
the first Schedule.
The meeting closed at 12.25 pm.
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