13 DECEMBER 2012
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)
B Cabbell Manners (Vice-Chairman)
M J M Baker
Mrs L M Brettle
Mrs A R Green
R Shepherd
B Smith
Mrs A C Sweeney
Mrs V Uprichard
J A Wyatt
Miss B Palmer – substitute for R Reynolds
E Seward – substitute for P W High
N Smith – substitute for J H Perry-Warnes
Ms V R Gay - North Walsham West Ward
B J Hannah – Sheringham North Ward
Mrs A M Moore – North Walsham West Ward
P W Moore – North Walsham East Ward
R Smith – Sheringham North Ward
Officers
Mr S Oxenham – Head of Development Management
Mr R Howe – Planning Legal Manager
Mr G Lyon – Team Leader (Enforcement and Special Cases)
Mr G Linder - Senior Planning Officer
Miss J Medler – Senior Planning Officer
Mr S Coleman – Development Control Officer (NCC Highways)
Mr D Mortimer - Development Control Officer (NCC Highways)
(142) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillor Mrs P Grove-Jones, P W High,
J H Perry-Warnes and Councillor R Reynolds. Three substitutes were in attendance
as listed above.
(143) MINUTES
The Minutes of a meeting of the Committee held on 8 November 2012 were
approved as a correct record and signed by the Chairman.
(144) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(145) DECLARATIONS OF INTEREST
All Members had received many representations on a number of applications on the
agenda.
Development Committee
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13 December 2012
(146) CROMER – ENF/10/0002 – Unauthorised installation of a shopfront and roller
shutter and display of illuminated advertisements within Cromer Conservation
Area at 57 Church Street by Iceland Foods Ltd
The Committee considered item 1 of the Officers’ reports which gave an update on
the current situation with regard to unauthorised works at the premises and
requested instructions with regard to further action.
The Team Leader (Enforcement and Special Cases) reported that an agent acting for
Iceland Foods Ltd had indicated that a proposal for an amended shopfront design
would be submitted before Christmas. He requested the Committee’s views as to
how it wished to proceed in this matter.
Councillor B Cabbell Manners, the local Member, stated that Iceland had had ample
opportunity to negotiate with regard to the shopfront and had failed to do so. He
considered that prosecution proceedings should be commenced if an amended
scheme had not been submitted by 10 January 2013 and requested that a report be
submitted to the Committee meeting on that date to endorse the action.
The Planning Legal Manager stated that the Council’s Solicitor would be instructed to
commence proceedings but it was then for the Court to decide when the case would
be listed.
The Head of Development Management advised that this matter could be raised as
urgent business at the meeting on 10 January if it were necessary.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor N Smith
and
RESOLVED unanimously
That the Committee is minded to commence prosecution proceedings
for non-compliance with the Enforcement Notice in the event of Iceland
Foods Ltd failing to submit an amended proposal for the shopfront by
10 January 2013.
(147) SHERINGHAM – Enforcement enquiry ENQ/12/0141 – Construction of singlestorey extension in materials not in accordance with planning permission
reference PF/11/0204, 34 Augusta Street
The Committee considered item 2 of the Officers’ reports which sought agreement
not to take action in respect of a breach of conditions in relation to materials used to
construct a two-storey/single-storey extension.
The Senior Planning Officer reported that this matter related to 34 Augusta Street
and not 24 as stated in the report.
Councillor R Shepherd, a local Member, considered that the flints would weather and
be less obtrusive in a short period of time. He expressed concern that Officer time
had been wasted by an unnecessary complaint.
It was proposed by Councillor R Shepherd, seconded by Councillor B Cabbell
Manners and
RESOLVED unanimously
That no further action be taken in this case.
Development Committee
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13 December 2012
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.
(148) HOLT - PF/12/0604 - Erection of side, front and rear extensions; 16 Cromer
Road for Mrs Hill
The Committee considered item 3 of the Officers’ reports.
Public Speaker
Mrs S Hill (supporting)
Councillor M J M Baker stated that both he and Councillor P W High, as local
Members, had been approached by a number of people who were concerned that
the proposal was overdevelopment. However, there were no objectors present at the
meeting. He considered that this was a borderline case. He stated that whilst the
amenity area met current standards for new buildings, this was an older part of Holt.
He was concerned that the proposal would set a precedent for similar development in
this area and erode its character.
Councillor B Cabbell Manners considered that there was no reason to refuse this
application and proposed approval in accordance with the Officer’s recommendation.
Councillor R Shepherd stated that the scheme would bring a derelict property back
into use which was an objective of the Council. He seconded the proposal.
RESOLVED by 11 votes to 0 with 1 abstention
That this application be approved subject to the imposition of
appropriate conditions.
(149) HOLT - PF/12/0999 - Siting of freezer and condensing units; 39 Hempstead
Road for Wilson Hotel Group
The Committee considered item 4 of the Officers’ reports.
The Senior Planning Officer reported that the condenser unit would be located away
from the neighbouring property and the freezer itself would not create noise.
Councillor M J M Baker, a local Member, asked if planning permission had ever been
given for change of use from distribution to manufacturing. The current application
now proposed intensification of the manufacturing use. He expressed concern
regarding possible noise disturbance.
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13 December 2012
The Head of Development Management stated that it appeared that no permission
had been granted for change of use. He asked if the Committee wanted to pursue
this matter.
In response to concerns raised by Members regarding noise, the Senior Planning
Officer stated that Environmental Health had no objection subject to the condenser
being installed in accordance with the manufacturer’s details.
In response to a question from Councillor R Shepherd regarding monitoring of noise
by Environmental Health, Councillor Baker considered that it would not be necessary
as noise nuisance would be reported to him or Environmental Health by the local
residents.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor B Smith
and
RESOLVED
That the Committee considers that it is not expedient to take action in
respect of the change of use of the premises.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor R
Shepherd and
RESOLVED by 10 votes to 0 with 2 abstentions
That this application be approved subject to the imposition of a noise
control condition as set out in the report.
(150) HOVETON - PF/12/1166 - Extension to boat building workshop; Landamores,
Tilia Business Park, Tunstead Road for Tilia Business Park
The Committee considered item 5 of the Officers’ reports.
Public Speaker
Mr C Hovey (supporting)
The Senior Planning Officer reported that Environmental Health had no objection
subject to the imposition of conditions in respect of hours of operation of plant and
machinery, delivery times, noise and pollution control measures and external lighting.
The Senior Planning Officer reported that a letter and email had been received from
the agent in response to a request for further information, including clarification of
land ownership issues, confirmation that there is an option to purchase additional
land to enable the creation of an alternative access and information regarding boat
movements and staffing.
The Senior Planning Officer read to the Committee an email received from Councillor
N D Dixon, the local Member, who had no objection to the principle of the
development and had requested the imposition of a number of conditions in respect
of noise, dust and odour control to mitigate the impact of the development on nearby
residents.
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13 December 2012
The Senior Planning Officer summarised the contents of an email which had been
received from the Highway Authority clarifying its objection to the application on the
basis of the number of large vehicle movements into and out of the site. An
alternative access on Belaugh Road would negate these objections and the Highway
Authority had requested that no development take place until an alternative access
was in place.
The Senior Planning Officer recommended that this application be approved subject
to the imposition of appropriate conditions to include those required by the
Environmental Health Officer and the Sustainability Co-ordinator. The reason for this
recommendation was that whilst the views of the Highway Authority had been
carefully considered, the proposed extension would result in a limited number of
supervised boat movements and there would be overwhelming economic
development benefits as a direct result of approval of the application which were
considered to outweigh the Highway Authority’s objection.
Councillor B Cabbell Manners stated that this application would create jobs, was
located in a business park, and only eight additional large vehicles per year would
access the site. He proposed approval of this application as recommended.
Councillor M J M Baker considered that the boat builder should be applauded for
investing during the current recession. He seconded the proposal.
The Planning Legal Manager stated that, in his opinion, there were no Human Rights
issues that would prevent approval of this application as recommended.
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include those required by the Environmental
Health Officer and the Sustainability Co-ordinator.
(151) NORTH WALSHAM - PF/12/0931 - Erection of replacement single-storey/twostorey rear extensions and insertion of windows to front elevation; 21 Station
Road for Mr & Mrs N Dyke
Councillor E Seward stated that he was a member of North Walsham Town Council
and had come to the meeting with an open mind.
The Committee considered item 6 of the Officers’ reports.
Public Speaker
Mrs J van Larwick (objecting)
Councillor Mrs A M Moore, a local Member, considered that the proposed extension
would be overbearing on the neighbouring dwellings. She also considered that the
proposed wooden cladding was out of keeping and requested that, if the Committee
were minded to approve the application, negotiations take place on this matter.
The Senior Planning Officer explained that the Local Planning Authority had no
control over the cladding. Whilst it might be possible to negotiate an alternative
finish, the applicant could withdraw the cladding from the scheme and install it under
permitted development rights at a later date.
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13 December 2012
Councillor Ms V R Gay, a local Member, considered that the proposal would be
overbearing and result in loss of light to the neighbouring dwelling. She also
considered that the proposed front elevation was not in keeping with the architecture
of Station Road. She requested refusal of this application, or negotiations in respect
of the cladding to the front elevation and overbearing nature of the proposed
extension.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor B Smith
and
RESOLVED by 9 votes to 1 with 2 abstentions
That the Head of Development Management be authorised to approve
this application subject to negotiations for the removal of the cladding
to the front elevation.
(152) NORTH WALSHAM - PO/12/0962 - Erection of one and a half storey
replacement dwelling and building for storage and repair of plant and
machinery; Land opposite Orchard Farm, Marshgate, Spa Common for Mr &
Mrs Cushion
Councillor E Seward stated that he was a member of North Walsham Town Council
and had come to the meeting with an open mind.
The Committee considered item 7 of the Officers’ reports.
The Senior Planning Officer reported that the applicant would be willing to agree to
restricted hours of work.
Councillor P W Moore, a local Member, stated that he knew the agent and lived close
to the site. He had called in the application as concerns had been raised by a
neighbour. However, he was happy to support the application subject to the
imposition of conditions to restrict the permission to the applicant and his family.
The Head of Development Management explained that the imposition of a personal
condition was possible, although it was unusual. He suggested limiting the
occupancy of the dwelling to the operators of the business. At the request of
Councillor P Moore, he explained that the Environmental Protection Officer was
happy with an hours of use condition and would provide noise control conditions if
required.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor E Seward
and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include restrictions on hours of use and
occupation of the dwelling being limited to the operators of the
business.
Development Committee
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13 December 2012
(153) RYBURGH - PF/12/0904 - Change of use from residential to mixed use of
residential and A5 (hot food takeaway); 19 Station Road, Great Ryburgh, for Mr
Buxton
The Committee considered item 8 of the Officers’ reports.
Public Speaker
Mrs N Felmingham (objecting)
Mr C Buxton (supporting)
The Senior Planning Officer reported that the reference to “unclassified road” in the
report should read “classified road”.
Councillor Mrs A R Green, the local Member, stated that she understood the Parish
Council had withdrawn its objection to this application. She considered that
customers would park on a straight section of the road where there had been
commercial premises. She stated that the main opening hours would be from 4pm to
9.30 pm when there would not be a problem with lorries. She considered that the
business would help the continued sustainability of the village. For these reasons
she proposed approval of this application but requested that the Highway Authority
install zigzag lines on the bend.
The Development Control Officer (Highways) confirmed that there was an opportunity
to introduce waiting restrictions in this area.
In response to a question by the Chairman, Mr Buxton stated that he understood the
Highway Authority would repaint the zigzag lines outside the school.
Councillor B Cabbell Manners seconded the proposal.
In answer to a question by Councillor M J M Baker, the Senior Planning Officer
explained that the applicant had requested flexible opening hours between 11 am
and 9.30 pm on Tuesdays to Sundays.
Mr Buxton clarified that preparation time would be throughout the day, with opening
times being 12 noon to 2pm and 4pm to 9.30 pm.
Councillor E Seward expressed concern that customers would park on the bend.
Councillor Mrs A R Green considered that customers would park on the straight part
of the road.
It was proposed by Councillor Mrs A R Green, seconded by Councillor B Cabbell
Manners and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include opening hours between 11 am and
9.30 pm on Tuesdays to Sundays.
Development Committee
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13 December 2012
(154) SHERINGHAM - PF/12/1105 - Variation of Condition 21 of planning permission:
10/0920 to delete reference to 'playing pitch'; Land at Cromer Road for Tesco
Stores Ltd
Councillor B J Hannah, a local Member, declared a personal interest in this
application as he was a governor of Sheringham High School.
The Committee considered item 9 of the Officers’ reports.
Public Speaker
Mr R Hewitt (Sheringham Town Council)
The Team Leader (Enforcement and Special Cases) drew the Committee’s attention
to the options which had been put forward by the applicant. He reported that
Sheringham Town Council had agreed to withdraw its objection subject to the
completion of a Section 106 Obligation to require the sum of £60,000 to be paid to
North Norfolk District Council prior to demolition of the community centre taking
place, which will be passed on to the Town Council for improvements to existing
sports facilities in Sheringham. The Town Council would decide how the money
would be spent.
The Team Leader (Enforcement and Special Cases) requested delegated authority
to approve this application subject to the completion of a Section 106 Obligation to
secure a contribution of £60,000 payable prior to demolition of the community centre.
In response to a question by the Chairman, Mr Hewitt stated that a requirement to
spend the money within a reasonable timescale would be acceptable to the Town
Council.
Councillor R Smith, a local Member, supported the Officer’s recommendation and
urged the Committee to agree.
Councillor B J Hannah, a local Member, supported the proposed approach and
requested a speedy conclusion to this matter.
The Planning Legal Manager advised the Committee that the proposed Section 106
Obligation met the tests in the National Planning Policy Framework. He suggested
that the obligation be worded to provide for the contribution to be used for provision
or improvement of sport or recreation facilities in Sheringham with a three-year time
limit for expenditure following receipt. He stated that, in his opinion, there were no
Human Rights issues that would prevent delegated approval of this application as
recommended.
Councillor M J M Baker expressed concern that the proposed option would result in a
net loss of a significant playing area. He considered that the applicants should
provide a playing area rather than a contribution which could be used for lighting or
equipment.
The Team Leader (Enforcement and Special Cases) explained that the provision of a
play area would place an additional burden of maintenance on the Town Council.
The proposed contribution would widen the Town Council’s scope to improve sports
facilities in the town.
The Planning Legal Manager stated that if the Town Council wished to use the funds
to install floodlighting it would allow the existing facilities to be available for an
extended period.
Development Committee
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13 December 2012
It was proposed by Councillor R Shepherd, seconded by Councillor B Smith and
RESOLVED by 11 votes to 0 with 2 abstentions
That the Head of Development Management be authorised to approve
this application subject to the completion of a Section 106 Obligation to
secure a contribution of £60,000 payable prior to demolition of the
community centre, the funds to be payable to North Norfolk District
Council and transferred to Sheringham Town Council for the provision
or improvement of sport or recreation facilities in Sheringham, subject
to expenditure within three years of receipt.
(155) THORPE MARKET - PF/12/0936 - Retention and conversion of garage/store to
one unit of holiday accommodation; Nursery Farm, Cromer Road for Mr Barr
and Ms Black
The Committee considered item 10 of the Officers’ reports.
The Chairman stated that she had no comment to make as local Member for this
application.
The Senior Planning Officer referred to the Highway Authority’s concerns regarding
the sign and reported that the applicant had stated that the sign had now been set
back, although this had not been confirmed.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor B Smith
and
RESOLVED by 11 votes to 0 with 1 abstention
That this application be approved subject to the imposition of
conditions to include the provision of visibility splays, holiday use only,
the accommodation to be available to let for a minimum of 140 days, the
keeping of a register of lettings, removal of permitted development
rights for extensions, the sign to be set back or removed and conditions
required by the Highway Authority.
(156) WORSTEAD - PF/12/1049 - Erection of replacement garage with games room in
roof space and the retention and conversion of cart shed to one unit of holiday
accommodation; Bengate Barn, Yarmouth Road, Bengate for Mr K Jeffries
The Committee considered item 11 of the Officers’ reports.
Public Speaker
Mrs D Wilkinson (supporting)
Councillor E Seward considered that this proposal was a legitimate use of a building
for a holiday business. The building had to be fit for purpose if it were to be let. He
proposed approval of this application.
The Head of Development Management explained that the original cart shed had
been rebuilt, which required planning permission which this application sought to
address. However, the adopted policy in respect of conversion of buildings in the
Countryside required that buildings had to be suitable for conversion without
substantial rebuilding.
Development Committee
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13 December 2012
In answer to a question by the Chairman, the Head of Development Management
stated that there was no defined period of time before a building could be considered
for conversion. However, there was an assumption that the policy related to
traditional buildings which had stood for at least 50 years. In this case the
Committee was being asked to consider a building which had recently been rebuilt.
Councillor M J M Baker seconded the proposal for approval. He considered that this
type of development was needed in North Norfolk.
Councillor B Cabbell Manners considered that, whilst the sequence of events had
been wrong and policy was not therefore complied with, permission would have been
given for conversion of the original building.
At the request of Councillor Mrs A R Green, a photograph of the original building was
displayed.
Councillor Mrs L M Brettle referred to a recent case where planning permission had
been refused. She supported the Officer’s recommendation for refusal.
Councillor R Shepherd also supported the Officer’s recommendation.
Councillor N Smith considered that there was no reason to refuse this application as
the replacement building was no larger than the original.
The Planning Legal Manager advised the Committee with regard to its reasons for
departing from policy.
It was proposed by Councillor E Seward, seconded by Councillor M J M Baker and
RESOLVED by 9 votes to 3
That this application be approved subject to the imposition of
appropriate conditions.
Reason: It is considered that the original traditional cart shed building
would have been considered suitable for conversion to holiday use and
that the economic benefits which flow from this application would
contribute to the economic enhancement of the District and outweigh
the policy issues in this case.
(157) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee considered item 12 of the Officers’ reports.
RESOLVED
That site visits be arranged in respect of the following applications and
that the local Members and Chairmen of the Parish/Town Councils be
invited to attend:
CORPUSTY AND SAXTHORPE – PF/12/1113 – Installation of a 5.7mw
solar farm; land at Strawberry Lane, Saxthorpe for Saxthorpe Solar
Farm Limited
Development Committee
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13 December 2012
HOLT – PF/12/0929 - Demolition of existing timber merchant buildings
and erection of A1 (retail) food store, associated accesses, car parking
and servicing area; Thaxters of Holt Ltd, Old Station Way for Norwood
Homes (Westgate) LLP
HOVETON – PF/12/1142 – Installation of 12mw solar farm; land at
Belaugh Road for Trafford Estate Solar Park Ltd
NORTH WALSHAM – PF/12/1046 – Change of use from B1 (business) to
D1 (place of worship/church hall) at 1A St Nicholas Court, Vicarage
Street for New Life Church North Walsham
POTTER HEIGHAM – PF/12/1141 – Change of use of building to B2
(General Industrial) and B8 (Storage) at Rose Farm, Green Lane for Mr S
Hill
SCOTTOW – PF/12/1094 – Installation of a 12.7mw solar farm; land off
Scottow Road for Shaw Coltishall Solar Park Limited
WALSINGHAM – PF/12/1256 - Construction of biomass renewable
energy facility with associated landscaping and vehicular access; North
Creake Airfield, Holkham Estate, Egmere for Egmere Energy Ltd
WALSINGHAM – PF/12/1318 - Construction of 22 MW solar photovoltaic
farm and associated works including inverter housing, landscaping and
security measures; Land at North Creake Airfield, Egmere for Solar
Power Generation Limited
(158) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 13 of the Officers’ reports.
(159) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 14 of the Officers’ reports.
(160) NEW APPEALS
The Committee noted item 15 of the Officers’ reports.
(161) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 16 of the Officers’ reports.
(162) WRITTEN REPRESENTATIONS APPEALS - IN HAND
The Committee noted item 17 of the Officers’ reports.
(163) APPEAL DECISIONS
The Committee noted item 18 of the Officers’ reports.
The meeting closed at 12.25 pm.
Development Committee
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13 December 2012