Appendix 9 4 MARCH 2010 Minutes of a special 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 Mrs C M Wilkins (Chairman) Mrs S A Arnold B Cabbell Manners H C Cordeaux Mrs A R Green P W High Mrs B McGoun S C Mears S J Partridge J H Perry-Warnes Mrs M Seward Miss C P Sheridan B Smith Mrs A C Sweeney Mrs J Trett P J Willcox J A Wyatt Mrs J P Moss - substitute for Miss P E Ford N P Ripley - substitute for J D Savory Mrs P Bevan Jones - Sheringham North Ward Mrs H T Nelson - Sheringham South Ward Ms V R Gay - Leader of the Council Officers Mr S Oxenham - Head of Planning and Building Control Mr G Lyon - Acting Development Control Manager (West) Mr P Godwin - Conservation, Design and Landscape Manager Mr R Howe - Planning Legal and Enforcement Manager Mrs E Smith - Solicitor Mr M Wood - Retail Consultant (49) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors M J M Baker, Miss P E Ford, J D Savory and Mrs L Walker. There were two substitute Members in attendance as shown above. (50) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which she wished to bring before the Committee. (51) DECLARATIONS OF INTEREST On behalf of all Members, the Chairman declared that a large amount of correspondence had been received and some Members had attended pre-application meetings in respect of these applications. The Planning Legal and Enforcement Manager read to the Committee an email from Councillor Baker stating that like everyone else he had received a lot of correspondence regarding the applications and people were expecting him to (9.1) Appendix 9 comment at the meeting. However, if he did attend he would have to declare an interest and withdraw given his involvement with a supermarket business in Holt. He had received advice from the legal department that it would be best if he did not attend the meeting. Councillor Mrs J P Moss declared a personal interest in this matter as she had a café business in Sheringham. She stated that she had been advised through Business Link by Mr David Wood, who may be nominated as principal of the food academy. However, he had severed further contact with her. (52) SHERINGHAM - 20090777 - Erection of A1 (retail Supermarket) and D1 (Norfolk Food Academy) with Associated Kitchen Garden, Parking, Landscaping and Infrastructure at Sheringham Town Allotments, Land South of Weybourne Road, Sheringham for Greenhouse Community Projects SHERINGHAM - 20090818 - Demolish all Buildings Except numbers. 7, 9 and 11 Cromer Road and Erection of A1 (Retail Supermarket), 5 Class A1/A3 Retail Units, 2 Flats and A Class D1/D2 Community Space with Associated Access, Landscaping, Car Parking and Servicing Arrangements at Land at Cromer Road, Sheringham for Tesco Stores Ltd The Committee considered the officer’s report. Public Speakers Weybourne Road Mr Booth (Sheringham Town Council) Objectors: Mr Bass, Mr McEvoy Supporters: Miss Worsdale, Mr Hay-Smith, Mr Harrison, Mr Roderick Cromer Road Mr Booth (Sheringham Town Council) Objectors: Mr Shepherd, Ms Mildmay, Mr Hewitt, Mr Herbert Supporters: Mrs Mold, Mr Gellatly, Mr McGinn, Mr Read The Acting Development Control Manager introduced Mr Mark Wood, the Council’s retail consultant. He stated that the Committee should only consider land use issues as permission would be attached to the land and not to any particular operator. The Acting Development Control Manager outlined the proposals for Weybourne Road. He reported that the operator had stated that 150-155 people would be employed at the store but had not identified whether or not this was the full time equivalent number. A further 25 people would be employed at the food academy and two drivers employed in relation to the proposed electric bus. He reported that National Air Traffic Services had no objection to the proposed wind turbine at Weybourne Road. The Acting Development Control Manager outlined the proposals for Cromer Road. The Acting Development Control Manager reported that 2 further letters of support, 2 further objection letters and one letter commenting on the proposal had been received in respect of the Weybourne Road application. He reported that 10 further letters of support, 10 further objection letters and 2 letters commenting on the (9.2) Appendix 9 proposal had been received in respect of the Cromer Road application. He reported the points made in those letters. Two very late representations had been received which scrutinised the link between the Cromer Road store and the town centre, and in respect of the application of PPS4. Two letters had been received from agents acting for Tesco and one letter had been received from agents acting for Greenhouse. These letters included schedules of draft conditions and had been forwarded to Members. He summarised the issues raised in the agents’ letters. The Council’s response to those letters had also been emailed to Members. The Acting Development Control Manager requested that Members give consideration to the impact of the Weybourne Road site on the open land area. He referred to the comments of the Conservation, Design and Landscape Manager. He stated that, on balance, officers considered that there would not be significant conflict with policy in this respect. A number of telephone calls had been received which suggested that the floor space comparison may be misrepresented. The Acting Development Control Manager stated that the Weybourne Road proposal was considered to be the smaller of the two stores when comparing like with like. Detailed retail issues had been dealt with in the report. He referred to the Inspector’s decision in respect of the appeal against refusal of 20070217, which was a material consideration in this matter, and stated that there was an outstanding High Court challenge to the Inspector’s decision. The Acting Development Control Manager referred to PPS4: Planning for Sustainable Economic Growth and stated that the Council’s retail consultant considered that the guidance in the statement did not change his opinion which had been submitted in November 2009. The Acting Development Control Manager summarised the key issues relating to both applications. He requested delegated authority to approve application 20090818 (Cromer Road) as set out in the report. He recommended refusal of application 20090777 (Weybourne Road) for the reasons set out in the report, amended to read ‘it is considered that the proposed development would not have a positive impact on the vitality and viability of the town centre of Sheringham and would be contrary to Development Plan Policies.’ The Committee then heard the statements of the public speakers and adjourned for a short break. Councillor N P Ripley left the meeting at this point. The Head of Planning and Building Control read to the Committee comments submitted by Councillor B J Hannah, a local Member, who was unable to attend the meeting because of holiday commitments. Councillor Hannah had declared he was a County Councillor sitting on Children’s Services. Councillor Hannah supported the Weybourne Road application as it was a pioneering food focused store, in addition to a food academy giving local access to education, skills and nutritional knowledge on a single site encompassing gardens and allotments, all in a sustainable, environmentally sensitive setting, with outstanding green credentials of which the Authority was very supportive. He had stated that the proposed store would be the greenest store ever built by Waitrose and would deliver over 150 local jobs. The 1250m2 would be smaller than the competition and no more than 10% of the sales floor would be used for comparison goods, which he considered was key to assisting many of the local shops and enable reasonable access to a weekly shop from the store. He considered that the proposal would have a lesser effect on the vitality and viability of the smaller shops in the area. He (9.3) Appendix 9 considered that the free shuttle bus would offset the out of town location. He considered that it was worthy of note that a percentage of the profits would be placed in the Greenhouse Community Fund and would be distributed to local charities. With regard to the food academy, Councillor Hannah considered that this was an unmissable opportunity for North Norfolk at a time of unprecedented budget cuts and increasing demand, which would be privately funded and provided with an annuity to underwrite its ongoing operating costs. It would be accessible to a wide crosssection of the local community including primary, secondary and tertiary learners and would be used for training purposes for the adjoining store and on-the-job experience with the store. The adjacent kitchen gardens would be manned by a full time horticulturalist who would provide training and experience for schools, allotment holders and community organisations. Councillor Hannah had requested that the Committee take into consideration the quality of the supporting bodies and in particular the comments of the Deputy Director of Children’s Services. In respect of the Cromer Road application, Councillor Hannah supported the views of Sheringham Town Council and requested that its comments be given recognition as the Town Council had spent a great deal of time and done a lot of work on this. He had always considered that the Cromer Road site was the wrong location for a store of the size proposed and suggested that the Holway Road site, owned by Tesco, would have been a sensible option. He considered that highway issues were crucially important to this application which was stated to generate 30,000 more vehicle journeys per week along the A149, which was the main artery into the town. He had no doubt that this would have a detrimental effect on the town and had difficulty with the decision of the highway engineers who did not agree. In the event of approving either application, Councillor Hannah had requested that the following Section 17 safety features be installed: CCTV in the car park, appropriate lighting in the car park, numbered car parking spaces, pay trolleys and an entrance barrier when the store closes. Councillor Mrs P Bevan Jones, a local Member, stated that she absolutely upheld the Town Council’s view. She referred to the comments of Mr Roderick, the headmaster of Sheringham High School, in respect of the opportunities offered by the proposed food academy which would be functional, viable, sustainable and provide registered qualifications. She considered that whilst the construction of a supermarket adjacent to the AONB contravened the Core Strategy, it would be used to sustain life, support local producers and reduce carbon emissions. She considered that it would be an attraction that people would want to visit. She considered that conversely, it could be argued that the Cromer Road site was closer to the town and would provide a supermarket, but questioned the cost in terms of the future of young lives. She considered that a supermarket on Cromer Road would provide jobs but would be likely to result in the closure of other shops which had been managed over generations by local people. She considered that this would lead to deterioration of the lives of many local families and Sheringham would lose its unique character. She considered that the proposed Cromer Road store would result in diminished footfall into the town and referred to the narrow alleyway which was intended to provide the link to the town. She expressed concern that the Cromer Road proposal would exacerbate rat runs which were a danger to local residents. She stated that there were problems with access for emergency vehicles already as a result of onstreet parking. She considered that there was very little difference in the size of the current Cromer Road proposal and the previous application which had been refused. (9.4) Appendix 9 She expressed concern at the loss of existing trees on the Cromer Road site and also the possible impact on trees in Cremer’s Drift. She expressed concern at the impact of the Cromer Road proposal in respect of loss of housing and considered that scant regard had been given to the Core Strategy in respect of addressing housing need. Whilst the Weybourne Road proposal did not accord with the Core Strategy, she considered that it would co-exist with the town. She suggested that the electric bus service could provide an opportunity for elderly people to socialise as they were often isolated and lonely. She considered that the Weybourne Road store would tidy up the area, provide a landmark building which would enhance the entrance to the town and offer Sheringham, including schools and other educational establishments, a once in many generations opportunity. She urged the Committee to support the best interests of the town and base its decision on the best use of land in and around Sheringham. Councillor Mrs H T Nelson, Member for Sheringham South Ward, urged the Committee to recognise the years of work done by the people of Sheringham to find the best way to take Sheringham ahead. She stated that she remained steadfast in her opposition to Tesco. She referred to the houses and bungalow that had been left derelict and a blot on the landscape of the town. She stated that the Inspector had recognised the harm to the vitality of the town. She considered that the Cromer Road application was in the wrong place and raised appalling highway issues. She considered that this proposal would dumb down the entrance to the town, reduce the viability of the town and result in the loss of pine trees for which Sheringham was renowned. She considered that the Weybourne Road proposal was brilliant in principle although there were still hurdles to overcome. There was a need for a comprehensive business plan to ensure that the proposal would not harm Sheringham. She considered that it would be sensible to defer this application. Councillor S J Partridge referred to the criticism that had been levelled at officers over this matter. He stated that the Council had a dedicated team of very well qualified, professional officers who had worked beyond the call of duty to give the best possible advice, and wished to place on record his thanks for all their work over the past months. He stated that there was a need for a supermarket in Sheringham, the Inspector had found there to be a qualitative need and the Town Council spokesman had also referred to the need. He asked the Retail Consultant if there was a need for two supermarkets. The Retail Consultant referred to his report dated November 2009 and gave technical advice on the impact of the two proposed stores if both were approved. He stated that the two proposed stores could potentially put all three existing convenience stores at risk, and could also impact on stores in Cromer and Holt. He considered that promoting both stores could be highly dangerous. Councillor Partridge referred to comments that the proposed Cromer Road store was the same size as the one previously refused (20070217). The Retail Consultant referred to Appendix 1 of the report and stated that in terms of net sales area the current proposal was 21-22% smaller than the previous application. Councillor Mrs B McGoun referred to the importance of food and food security. She considered that the Weybourne Road proposal was an exciting and innovative way of reconnecting young people with the earth. She questioned the floor space figures put forward by Tesco. She referred to Tesco’s stated policies on growth of its business, particularly in respect of non-food items. She considered that the figure (9.5) Appendix 9 given for comparison goods in the Tesco proposal was contrary to the company’s stated aims She considered that 1000m2 was unaccounted for, which she believed was in respect of the mezzanine level which was currently void space. She referred to a retrospective application which was being considered by Shropshire Council and considered that this Authority could find itself in the same situation. She referred to the Inspector’s report and expressed concern that, rather than a period of readjustment, there would be continued decline and the town centre would be diminished. She considered that it would be a dereliction of duty to do anything other than refuse the Cromer Road application on the basis that it would affect Sheringham’s vibrancy, vitality and viability. The Retail Consultant referred to the figures given in Appendix 1 to the report and in Tesco’s design and access statement. He stated that conditions could be imposed which could restrict the area of both convenience and comparison goods. Such conditions would be easier to enforce if based on the Competition Commission’s definition. He considered that the difference in floor space referred to by Councillor Mrs McGoun related to areas which were not within the store itself. Councillor H C Cordeaux considered there was no doubt that a supermarket was needed or that both applications could harm the vitality of the town centre. He considered that the proposed Weybourne Road store would attract shoppers from beyond the immediate area, the majority of whom would arrive by car and would not visit the town, particularly if there was a café on site. He stated that the Weybourne Road site was further from the town than the site on Holway Road which was owned by Tesco. The Cromer Road site was within walking distance of the town centre. However, he was concerned with regard to the additional retail units proposed with the Cromer Road application as they would be owned by Tesco and would be used to make the Tesco store more attractive. He asked if affordable housing could be built on the Holway Road site in the event of refusal of the Weybourne Road proposal. He requested comments in respect of total retail area. The Retail Consultant stated that he had considered the small retail units in terms of potential turnover. They were separate units which were not related to Tesco. He understood that Tesco had given an undertaking that would prevent the company running its business within those units, but irrespective of this, the Core Strategy was supportive of additional retail units within Sheringham. This element of the proposal complied with the Core Strategy in terms of the sequential approach and scale. The potential for these units to be occupied by comparison retailers had been tested. There was a substantial need for retail floor space within the town. The units would function as part of the town centre and offset the negative aspects of the proposal. The Head of Planning and Building Control explained that planning permission had been granted for housing on the Holway Road site, which included an element of affordable housing. However, this would be required of any developer. By way of further explanation he referred to a payment of £1.2 million which had been accepted by Cabinet from the applicants for the Cromer Road site in lieu of a previous requirement to construct bungalows. Councillor B Cabbell Manners referred to the Inspector’s decision in respect of 20070217 and the reasons given for dismissing the appeal. He stated that the Core Strategy had identified a need for a range of retail shops. Both proposals being considered now were over the 500m2 - 780m2 floor space identified by the Inspector. He agreed with the officers’ view that the Weybourne Road proposal would harm the vitality and viability of Sheringham, but considered that it would do less harm than the Cromer Road proposal given its smaller size and lower turnover. He proposed (9.6) Appendix 9 refusal of both applications on grounds of impact on the vitality, viability and retail function of Sheringham town centre. He considered that both applicants should be encouraged to come forward with a store of a suitable size. This was seconded by Councillor P J Willcox. Councillor Miss C P Sheridan questioned whether officers had given sufficient weight to the material gains offered by the Weybourne Road application. She considered that the main obstacle was the distance of the proposed store from the town. She expressed concern as to how the small retail units in the Cromer Road proposal would be secured by a Section 106 obligation. She stated that Tesco would set the rents and the length of the leases. She referred to applications for change of use where business premises could not be sold or let. With regard to the walkway, she considered that, in functional terms, it failed to provide effective pedestrian links. She was not aware of any walkway provided by Tesco which had worked. She requested the comments of the Conservation, Design and Landscape Manager in respect of design. The Retail Consultant explained that the small retail units would be in Tesco’s control. However, the company had offered to enter into a legal agreement that the units would not be operated by Tesco. Tesco had committed itself to build the units and they would be available when the store opened. It could be possible for the Council to set the rents of the units, provided Tesco would agree to this. In respect of the walkway, the Retail Consultant stated that his report dated February 2010 (Appendix 6 to the report) addressed this issue. He pointed out that people walked into the town from the Station Road car park. Tesco offered free parking regardless of whether or not people used the store. Although a relatively small proportion of the link was narrow, it was considered that the walkway would generate a significant number of linked trips. The Conservation, Design and Landscape Manager stated that design was a matter of opinion. He stated that design issues included not only architectural style but also layout and relationship with the town and the town centre. He referred to his comments on design and landscape in the report. He considered that the proposed Cromer Road scheme was well related to the overall built form of Sheringham. The architect had carried out a proper assessment of the impact of the proposal on the town centre in terms of built form. He stated that the store would be an attraction in terms of Cromer Road with the town centre as the other attraction, linked by the walkway. The store had been brought closer to Station Road and he considered that the proposal worked well from that perspective. He stated that supermarkets were difficult to design and referred to the elements needed for inclusion in their design. He considered that in the case of the Cromer Road proposal, the architects had made every effort to make the front of the store facing the railway interesting, and to create attractive elevations on the remaining sides. He considered that both the Cromer Road and Weybourne Road schemes were excellent, although in the case of Weybourne Road there were issues in respect of impact on the edge of town, not only in respect of retail but also in landscape terms. Whilst it would be difficult to justify refusal in terms of landscape impact, this was an issue which could be taken into account. He considered that in terms of design, good planning and urban planning the Cromer Road site was the preferable scheme. Councillor Miss C P Sheridan considered that the design of the Cromer Road store was appalling. She considered that the draining of turnover from smaller stores, which one of the objecting speakers had raised, was unacceptable. She proposed refusal of application 20090818 (Cromer Road) and approval of application (9.7) Appendix 9 20090777 (Weybourne Road). Councillor Miss Sheridan considered that more weight should be given to the ethos of the Weybourne Road proposal. This was seconded by Councillor Mrs B McGoun. The Head of Planning and Building Control requested clarification of the reasons for refusal of the Cromer Road application. Councillor Miss C P Sheridan stated that her proposal for refusal of application 20090818 (Cromer Road) was on the grounds that the proposal was contrary to Core Strategy policies EC5 and EN4 and Government guidance contained in PPS4. Councillor J H Perry-Warnes referred to the few small village shops in the surrounding area. He considered that shoppers who used them would not readily change their habits. He considered that both of the proposed stores had good arrangements to support them and that both applications should be approved. Whilst Greenhouse offered the food academy and allotments, Tesco would provide a new fire station and other facilities with money for affordable housing. He stated that the walkway between Budgens in Holt and Holt town centre was well-used. He considered that traffic would be divided between the two stores which would result in less congestion than one store. Councillor S J Partridge stated that the retrospective application in Shropshire which had been referred to by Councillor Mrs B McGoun was not relevant to this matter. He stated that Sheringham needed one supermarket. He stated that the Norfolk Food Academy was very impressive but questioned its location. He referred to comments regarding the reduction in carbon footprint. Whilst the proposed academy would benefit Sheringham High School, he questioned whether it would be of benefit to other parts of the District. He referred to PPS4 and the sequential approach. He stated that the Cromer Road proposal would score highly over Weybourne Road with regard to the sequential test. He urged the Committee to make a firm, sensible decision. As an amendment, he proposed approval of application 20090818 (Cromer Road) and refusal of application 2009077 (Weybourne Road) in accordance with the recommendation of the Head of Planning and Building Control. This was seconded by Councillor Mrs J Trett. Councillor Mrs M Seward questioned if there was a proven need for the additional retail units included in the Cromer Road application, and if all current retail units in the town were occupied. The Retail Consultant stated that the need for additional units had been identified by a retail study. Significant comparison goods expenditure was being lost from Sheringham and the proposed units would help to claw back some of this expenditure. There were a number of vacant units in the town but the vacancy rate was relatively low. The Core Strategy recognised that notwithstanding the vacancy level new units should be supported. Councillor P J Willcox referred to the Core Strategy and the retail floor space figures included in it. He considered that the proposals were contrary to the adopted Core Strategy and any store should have no more than 750-780m2 retail floor space. The Acting Development Control Manager explained that the Core Strategy Policy EC5 did not set a maximum limit but that any retail development in excess of 750m2 would need to be clearly justified in accordance with the policy. (9.8) Appendix 9 Councillor J H Perry-Warnes considered that the retention of mature trees should be reconsidered and further planting carried out. The Head of Planning and Building Control explained that landscaping issues had been considered by the Landscape Officer and referred to the report of the Conservation, Design and Landscape Manager. Councillor B Cabbell Manners requested that the Committee move to the vote. Councillor Mrs J P Moss stated that she was neither for nor against Waitrose or Tesco, or Cromer Road or Weybourne Road. She considered that size was the main issue and it was necessary to err on the side of caution. She referred to the vision in the Weybourne Road application and the concerns that had been dealt with through the various Tesco applications. She stated that there was no other site for the Greenhouse proposal as other sites had been taken. She stated that her personal view was to refuse the Cromer Road proposal on the grounds of size and requested further consideration of the Weybourne Road proposal. Councillor Miss C P Sheridan requested assistance with the grounds for refusal. The Planning Legal and Enforcement Manager explained that he was unable to assist as he considered that the officer’s recommendation contained in the report was correct. He was not prepared to speculate on reasons that may not stand up to inquiry. He reminded the Committee that there was outstanding litigation directed at the Secretary of State in respect of the appeal against application 20090818. Councillor Mrs S A Arnold suggested that the meeting be adjourned to allow the proposer and seconder to consider their reasons for refusal. This was not accepted. Councillor Miss C P Sheridan stated that in respect of the Cromer Road application there were concerns regarding the sustainability and viability of the town and design issues, contrary to Core Strategy policies EC5, EN4 and failure to meet the tests of PPS4. She considered that there had been insufficient weight given to the ethos, design and sustainability of the Weybourne Road proposal and its connection with the town, and insufficient weight given to the electric bus service and the food academy. The Head of Planning and Building Control stated that it was vital that the decisions were defensible and he had serious doubts about the soundness of the decisions at the moment. He requested that if the Committee were minded to support Councillor Sheridan’s proposal it should be subject to delegated authority to allow him to seek specialist legal advice on the soundness of the decisions and his subsequent consideration of that advice in light of the terms of reference of the Committee. In the event of the advice leading to the conclusion that the decisions were potentially sound, he would follow the procedures delegated to him in respect of the decisions, otherwise a further report would be brought to the Committee. The first amendment, proposed by Councillor S J Partridge and seconded by Councillor Mrs J Trett to authorise the Head of Planning and Building Control to approve application 20090818 in accordance with his recommendation and to refuse application 20090777 for the reasons given in the report, as amended, was put to the vote and declared lost with 4 Members voting in favour and 13 against. As a further amendment, it was proposed by Councillor Miss C P Sheridan, seconded by Councillor Mrs B McGoun (9.9) Appendix 9 That subject to seeking legal advice and consideration of that advice, the Head of Planning and Building Control be authorised to: a) refuse application 20090818 for the following reasons: • • • • Failure to comply with Core Strategy policy EC5 on grounds that the proposed store will have a detrimental impact on the sustainability and viability of the town by reason of its size. Contrary to the appeal decision in respect of 20070217 in terms of size. The design is incompatible with the town and conflicts with Policy EN4. Failure to meet the tests of PPS4; and b) approve application 20090777 as the Committee considers that insufficient weight has been given to the ethos, design and sustainability of the Weybourne Road proposal and its connection with the town, and to benefits of the electric bus service and the food academy, subject to the imposition of appropriate conditions. On being put to the vote, the amendment was declared carried by 11 votes to 6, and on being put as the substantive motion it was RESOLVED by 10 votes to 6 (Councillor Cabbell Manners had left the meeting prior to the substantive vote being taken.) The meeting closed at 1.40 pm. (9.10)