16 DECEMBER 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
S J Partridge (Chairman)
J A Wyatt (Vice-Chairman)
H C Cordeaux
Mrs A R Green
S C Mears
J H Perry-Warnes
B Smith
Mrs M Seward
Mrs A C Sweeney
P J Willcox
Mrs S A Arnold - substitute for J D Savory
M J M Baker - substitute for P W High
P W Moore - North Walsham East Ward
E Seward - North Walsham North Ward
Mrs P Bevan Jones - Portfolio Holder for Health
Officers
Mr S Oxenham - Head of Planning and Building Control
Mr A Mitchell - Development Manager
Mr R Howe - Planning Legal Manager
Mr M Ashwell - Planning Policy and Property Information Manager
Mr J Williams - Team Leader (Major Developments)
Mr G Lyon - Team Leader (Enforcement and Special Cases)
Mr G Linder - Senior Planning Officer (West)
Mr P Leared - Development Control Officer (NCC Highways)
(154) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors P W High, J D Savory and Mrs
L Walker. There were two substitute Members in attendance as shown above.
(155) MINUTES
The Minutes of meetings of the Committee held on 18 November were approved as a
correct record and signed by the Chairman.
(156) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which he wished to
bring before the Committee.
(157) DECLARATIONS OF INTEREST
Councillor Mrs M Seward declared an interest, the details of which are given under
the minute of the item concerned.
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16 December 2010
(158) PLANNING PERFORMANCE UPDATE
The Committee noted item 1 of the Officers’ reports in respect of the quarterly
performance report covering the planning service for the period from July to
September 2010. It covers the turnround of planning applications, workload and
appeal outcomes and it provides the latest update on staffing changes which have
taken place through the restructuring of the service.
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.
(159) BACTON - PF/10/0408 - Erection of wind turbine (15m height to hub) and
photovoltaic panels; Village Hall, Coast Road for Bacton-on-Sea Village Hall
Trust
The Committee considered item 2 of the Officers’ reports.
Public Speaker
Mr Corbett (supporting)
The Senior Planning Officer reported that discussions with the applicant’s agent
regarding the possible resiting of the turbines further to the south had been
unsuccessful.
Councillor B Smith, the local Member, was surprised that this application was
recommended for refusal when the Council supported and encouraged renewable
energy. However, he also understood the need for affordable housing. He
considered that a developer could work around the 50m zone to avoid the loss of so
many dwellings from the allocated site. He stated that Councillor W J Northam, also
a local Member, had no objection to this application. He proposed approval of this
application.
Councillor M J M Baker considered that an amendment to the allocated site could
resolve the issues around affordable housing and renewable energy and secure the
long-term sustainability of the village hall.
Councillor S C Mears stated that whilst he was a supporter of renewable energy, the
allocation had already been agreed and the Committee could not overturn it. He
proposed refusal of this application in accordance with the recommendation of the
Head of Planning and Building Control.
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16 December 2010
Councillor J H Perry-Warnes seconded Councillor Smith’s proposal for approval.
In answer to a question the Senior Planning Officer stated that if the proposed wind
turbine were approved it could potentially result in the loss of up to four dwellings,
two of which would be affordable dwellings. The exclusion zone also covered
domestic gardens. Land within the zone could possibly be used as an amenity area
or car parking, but it would be difficult to design a scheme without the loss of some
dwellings.
The Development Manager stated that the allocated site could accommodate 20
dwellings. Approval of this application could render 20% of the site undevelopable.
There was no objection to the principle of the development proposed by the Parish
Council. However, he reminded the Committee that the Site Specific Proposals had
been through a major public consultation exercise. Any proposal to change the
allocation would need to go through a further public consultation exercise. The
current application was contrary to policy. He suggested that the Planning Policy and
Property Information Manager’s advice be sought.
Councillor Mrs M Seward expressed concern that whilst it was very difficult to go
against policy, refusal could result in the loss of a key facility and it would be wrong to
move 20 families into a sterile environment. The village hall needed to survive.
Councillor Mears suggested moving the turbine slightly to the west to preserve a
greater part of the allocated site.
The Senior Planning Officer advised that this suggestion could impact on the existing
dwellings to the west of the village hall.
The Planning Policy and Property Information Manager advised the Committee that it
would not be possible to amend the allocated area. The Development Plan was a
formal document which had been through an independent examination process and
would shortly be adopted by the Council. If Members were minded to change the
allocation there would need to be a further formal consultation process. He did not
support that approach. When drawing up the Site Specific Proposals, an alternative
proposal had been put to the landowner which had not been acceptable to him.
In response to suggestions regarding the resiting of the turbine to the west, the
Development Manager advised that if this were acceptable to the applicant it would
be necessary to seek the views of the Environmental Health Manager with regard to
impact on dwellings to the west. It would be necessary to readvertise and reconsult
on an amended scheme.
Councillor Mrs Seward proposed deferral of this application for further discussions
with the applicant in respect of resiting of the proposed wind turbine.
The Development Manager requested delegated authority to approve this application
subject to the applicants agreeing to move the proposed wind turbine between 20m
and 30m to the west, readvertisement and reconsultation of the amended proposal,
no objection being received from the Environmental Health Manager or local
residents and subject to the imposition of appropriate conditions.
Councillors Mears and Smith withdrew their proposals.
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16 December 2010
Councillor Mrs S A Arnold suggested that the proposed photovoltaic panels be
approved. The Development Manager stated that it would not be possible to issue a
split decision.
In response to a question from the Chairman, Mr Corbett stated that the Parish
Council needed both the wind turbine and the photovoltaic panels to qualify for a
grant. He also understood that the landowner did wish to develop the rest of his field
for the benefit of the village but that this was a long term ambition.
It was proposed by Councillor Mrs M Seward, duly seconded and
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to the applicants agreeing to move the
proposed wind turbine between 20m and 30m to the west,
readvertisement and reconsultation of the amended proposal, no
objection being received from the Environmental Health Manager or
local residents and subject to the imposition of appropriate conditions.
(160) BEESTON REGIS - PF/10/1055 - Erection of single-storey dwelling; Land
adjacent 4 Meadow Cottage, Beeston Common for Mr & Mrs Barnes
The Committee considered item 3 of the Officers’ reports.
Public Speakers
Mr Bullimore (Beeston Regis Parish Council)
Mrs McCormack (objecting)
Mr Bond (supporting)
The Senior Planning Officer reported that drawings had been received from the
applicants' agent in respect of an amended roof design. He requested delegated
authority to approve this application subject to the submission of formal amended
plans in respect of the roof and subject to the imposition of appropriate conditions.
Councillor Mrs A C Sweeney, the local Member, considered that the proposal was
overdevelopment, the proposed dwelling was too close to adjacent dwellings, the
modern design was out of character with the area and the roadway was unsuitable.
The Senior Planning Officer stated that modern, innovative design had been
accepted in other parts of the District. A pastiche of the past should not be insisted
upon. He considered that the proposed dwelling would have minimal impact on
neighbouring properties and the Conservation Area and that the site was suitable for
such development.
Councillor M J M Baker queried the removal of soil and movement of construction
vehicles.
The Senior Planning Officer stated that he understood the excavated soil would be
spread over the site rather than removed. This would have little impact on the
ground level on the remainder of the site.
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16 December 2010
The Development Manager stated that the use of the access for the development
was a practical issue for the developer and was relatively short term. He stated that
the Highway Authority had raised no objection in respect of the longer term issue of
vehicles using the access. Referring to an issue raised by the objector and local
Member, he stated that the siting of the proposed dwelling was within the
development boundary and was therefore acceptable in policy terms. Any further
residential development on the remainder of the site would be outside the
development boundary and would therefore be contrary to policy. In respect of
Members' concerns regarding overdevelopment, the site as a whole was quite large
but the development could be considered to be cramped given its proximity to
neighbouring dwellings.
It was proposed by Councillor J A Wyatt, seconded by Councillor Mrs A C Sweeney
and
RESOLVED by 7 votes to 1 with 3 abstentions
That this application be refused on grounds that the proposal would
result in a cramped form of development which is out of keeping with
the surrounding development.
(161) BODHAM - PF/10/1098 - Erection of domestic wind turbine; Stone Lodge,
Kelling Road, Lower Bodham for Mr Barron
The Committee considered item 4 of the Officers’ reports.
Public Speakers
Mr Aldridge (objecting)
Mr Barron (supporting)
The Senior Planning Officer reported that the applicant had indicated that the entire
structure would be light grey in colour. He reported that a letter had been received in
support of this application. A further letter of objection had been received in respect
of noise nuisance and wildlife impact. The Environmental Health Manager had
raised no objection to the proposal.
The Senior Planning Officer recommended approval of this application subject to the
imposition of appropriate conditions, including details of the colour finish of the
mounting pole, turbine and blades.
It was proposed by Councillor J H Perry-Warnes, duly seconded and
RESOLVED by 9 votes to 1 with 1 abstention
That this application be approved subject to the imposition of
appropriate conditions, including details of the colour finish of the
mounting pole, turbine and blades.
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16 December 2010
(162) EDGEFIELD - PF/10/1187 - Demolition of dwelling and outbuildings and
erection of 2 one and a half-storey dwellings and associated car ports; Jordans
Yard, Norwich Road for Belcombe Ltd
The Committee considered item 5 of the Officers’ reports.
Public Speaker
Mr Gibbs (supporting)
The Senior Planning Officer reported that the Conservation, Design and Landscape
Manager had no landscape or ecology objections subject to the imposition of
appropriate conditions. He recommended approval of this application subject to the
imposition of appropriate conditions to include a time limitation reflecting the expiry of
the outstanding permission.
It was proposed by Councillor H C Cordeaux, seconded by Councillor J H PerryWarnes and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include a time limitation reflecting the expiry
of the outstanding permission.
(163) HOVETON - PO/10/1012 - Erection of 80 bed high dependency care home and 7
bed neurological unit; Tilia Business Centre, Tunstead Road for Tilia Business
Park Ltd
The Committee considered item 6 of the Officers’ reports.
Public Speakers
Mrs Newey (Hoveton Parish Council)
Mr Amey (objecting)
Mr Heaton, Miss Hovey, Mrs Shelley and Mrs Howe (supporting)
The Team Leader (Major Developments) gave a detailed presentation of the
proposal.
The Chairman stated that there was no doubt that there was a need for the proposed
facility but the Committee had to decide if this was an appropriate site, particularly in
relation to the highway. He asked the Development Control Officer (Highways) if the
Highway Authority would allow the proposed carriageway works to be carried out in
the event of approval of this application.
The Development Control Officer (Highways) stated that the Highway Authority was
not in favour of this application and would have severe reservations in respect of
entering into a legal agreement to allow the works to be constructed. He confirmed
that the Highway Authority could prevent development.
It was noted that the comments of Councillor N D Dixon, the local Member, were
appended to the report.
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16 December 2010
Councillor Mrs S A Arnold referred to the designation of the site for industrial
development, which could potentially generate much heavier traffic than the
proposed care home.
Councillor S C Mears stated that he worked in the mental health care sector. Whilst
dementia care was an important service, he considered that the combination of care
home access, HGV movements and other traffic was unsafe. He stated that people
with dementia often lost their road sense and it would be dangerous to have HGVs
using the access with people who may be unaware of their surroundings. He
supported the Officer’s recommendation.
Councillor J H Perry-Warnes asked if it would be possible to negotiate an alternative
access, rather than refuse this application.
The Team Leader (Major Developments) stated that the applicants wished to use the
proposed access and the application should be determined as submitted.
Councillor Mrs P Bevan Jones, Portfolio Holder for Health, spoke in support of the
application and requested deferral. She stated that there was an identified need for
this facility.
It was proposed by Councillor Mrs M Seward, seconded by Councillor S C Mears and
RESOLVED by 9 votes to 1 with 1 abstention
That this application be refused in accordance with the recommendation
of the Head of Planning and Building Control.
(164) NORTH WALSHAM - PF/10/0799 - Erection of single-storey rear extension; 13
Debenne Road for Mrs J Potter
Councillor Mrs M Seward declared an interest in this application and vacated the
Council Chamber during consideration thereof.
The Committee considered item 7 of the Officers’ reports.
Councillor E Seward, a local Member, considered that the proposed extension was
overdevelopment, would result in overshadowing and loss of light to the neighbouring
dwelling and would be out of character with surrounding area.
It was proposed by Councillor J A Wyatt, seconded by Councillor S C Mears and
RESOLVED
That this application be refused on grounds that the proposed
extension would overdevelop the site and result in a reduction in the
available amenity space and, given its length and orientation, would
have an overbearing effect on and result in loss of light/overshadowing
to the neighbouring properties.
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16 December 2010
(165) NORTH WALSHAM - PF/10/0957 - Erection of one and a half storey side
extension and car port; 18 Litester Close for Mr S Fairweather
The Committee considered item 8 of the Officers’ reports.
Public Speaker
Miss Bell (objecting)
The Senior Planning Officer reported that the applicant had agreed that the lift shaft
would be constructed in facing brick to match the existing. If the Committee was
minded to approve this application, an Arboricultural Method Statement would be
submitted prior to the issue of the permission. He requested delegated authority to
approve this application subject to the submission of a satisfactory Arboricultural
Method Statement in respect of the leylandii tree and subject to the imposition of
appropriate conditions.
Councillor P W Moore, a local Member, stated that he had had particular concerns
regarding the render and the neighbour’s tree and the changes he had requested
had now been achieved.
Councillor J A Wyatt considered that the lift shaft could have been internal. He was
concerned that the store room was very close to the boundary.
The Senior Planning Officer stated that the fourth bedroom would be compromised if
the lift shaft were internal. The store room element did not require planning
permission and the Local Planning Authority had no control over its relationship with
the tree.
It was proposed by Councillor B Smith, seconded by Councillor J H Perry-Warnes
and
RESOLVED by 5 votes to 2 with 4 abstentions
That the Head of Planning and Building Control be authorised to
approve this application subject to the submission of a satisfactory
Arboricultural Method Statement in respect of the leylandii tree and
subject to the imposition of appropriate conditions.
(166) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee noted item 9 of the Officers’ reports.
(167) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 10 of the Officers’ reports.
(168) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 11 of the Officers’ reports.
(169) NEW APPEALS
The Committee noted item 12 of the Officers’ reports.
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16 December 2010
(170) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 13 of the Officers’ reports.
(171) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 14 of the Officers’ reports.
(172) APPEAL DECISIONS
The Committee noted item 15 of the Officers’ reports.
(173) 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.
(174) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 16 of the Officers’ reports updating the situation
previously reported concerning the schedule of outstanding enforcement cases and
unresolved complaints more than three months old as at 30 September 2010.
Officers updated the Committee on the current situation in respect of a number of
cases.
The Team Leader (Enforcement and Special Cases) stated that further breaches had
occurred in respect of case 01/013/DEV6/05/003. He requested authority to take
appropriate action to clear the site.
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 Schedules.
3.
That the Head of Planning and Building Control be authorised to take
any further appropriate action to clear the site in respect of case
01/13/DEV6/05/003.
The meeting closed at 12.30 pm.
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16 December 2010