DEVELOPMENT COMMITTEE Councillors

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18 OCTOBER 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)
Mrs L M Brettle
Mrs P Grove-Jones
P W High
R Reynolds
R Shepherd
B Smith
Mrs A C Sweeney
Mrs V Uprichard
J A Wyatt
P Terrington – substitute for Mrs A R Green
Mrs H Eales – The Runtons Ward
N Smith – Erpingham Ward
Officers
Mr S Oxenham – Head of Development Management
Mr R Howe – Planning Legal Manager
Mr P Godwin – Conservation, Design and Landscape Manager
Mr G Linder - Senior Planning Officer
Miss J Medler – Senior Planning Officer
Mr S Case – Landscape Officer
Miss K Witton – Landscape Officer
Mr D Mortimer – Development Control Officer (NCC Highways)
(100) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors M J M Baker, Mrs A R Green
and J H Perry-Warnes. There was one substitute Member in attendance as shown
above.
(101) MINUTES
The Minutes of a meeting of the Committee held on 20 September 2012 were
approved as a correct record and signed by the Chairman.
(102) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(103) DECLARATIONS OF INTEREST
All Members declared interests, the details of which are given under the minute of
the item concerned.
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18 October 2012
(104) Horning - Tree Preservation Order 2012 No 7, Land at rear of Cedar Close,
Lower Street
The Committee considered item 1 of the Officers’ reports in respect of confirmation of
a Tree Preservation Order (TPO) to protect several individual trees and two groups of
trees at the above site.
Public Speaker
Hilary James (objecting)
It was proposed by Councillor R Shepherd, seconded by Councillor P W High and
RESOLVED
That consideration of this matter be deferred to allow an inspection of
the site by the Committee and that the local Member and Chairman of
the Parish Council be invited to attend.
(105) SUTTON – Tree Preservation Order (Sutton) 2012 No.8 at Staithe Road/Old
Yarmouth Road
The Committee considered item 2 of the Officers’ reports in respect of confirmation of
a Tree Preservation Order at the above site.
It was proposed by Councillor Mrs P Grove-Jones, seconded by Councillor R
Shepherd and
RESOLVED unanimously
That Tree Preservation Order (Sutton) 2012 No. 8 be confirmed.
PLANNING APPLICATIONS
Where appropriate the Planning Officers expanded on the planning applications;
updated the meeting on outstanding consultations, letters/petitions received objecting
to, or supporting the proposals; referred to any views of local Members and
answered Members’ questions.
Background papers, including correspondence, petitions, consultation documents,
letters of objection and those in support of planning applications were available for
inspection at the meeting.
Having regard to the above information and the report of the Head of Planning and
Building Control, the Committee reached the decisions as set out below.
Applications approved include a standard time limit condition as condition number 1
unless otherwise stated.
(106) ERPINGHAM - PF/12/0624 - Erection of rear sunlounge; Ash House Barn,
School Road for Mrs L Warner
The Committee considered item 3 of the Officers’ reports.
Public Speaker
Mr T Warner (supporting)
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18 October 2012
Councillor N Smith, the local Member, stated that the proposed sun lounge had been
designed to avoid damage to the barn. The building was not in a Conservation Area,
had been altered over time, and the sun lounge would not be visible except from the
adjacent fields. He supported this application.
Councillor B Cabbell Manners considered that the proposal would not cause any
harm and proposed approval of this application.
In answer to a question by Councillor Mrs P Grove-Jones, the Senior Planning
Officer stated that the design would require good flashing to prevent water ingress
and would require downpipes which were not shown on the illustration. Councillor
Smith stated that he understood that the structure had been designed to cope with
rainwater.
Councillor Mrs V Uprichard expressed concern with regard to the colour of the
structure and asked if it could be coloured to match existing paintwork. Following
comments by the applicants at the invitation of the Chairman, it was agreed that the
colour should be left to the applicants’ discretion.
It was proposed by Councillor B Cabbell Manners, duly seconded and
RESOLVED by 10 votes to 1
That this application be approved.
Reason: The Committee considers that this is a bespoke design which
is acceptable in this location and will not be visible outside the site.
(107) HOVETON - PF/12/0216 - Erection of detached two-storey dwelling; Land
adjacent 28 Waveney Drive for Mr & Mrs A Bryan
The Committee considered item 4 of the Officers’ reports.
Public Speaker
Mr A Bryan (supporting)
Councillor Mrs P Grove-Jones considered that the proposed dwelling would be tight
on the site and expressed concern that approval might set a precedent for other infill
development on this estate. Whilst the development at the entrance to Waveney
Drive was typically small dwellings in small gardens, in this location the prevailing
development mainly consisted of large dwellings in large gardens. She proposed
refusal of this application.
The Senior Planning Officer stated that in her opinion the scope for infill development
was limited.
Councillor Mrs A C Sweeney considered that the proposal would overdevelop the
site. She had observed that the neighbouring dwelling appeared to be dark and
considered that this proposal would exacerbate the problem. She seconded the
proposal.
Councillor Mrs L M Brettle considered that it was preferable for development to be
contained within housing estates rather than in the countryside. At her request, the
Senior Planning Officer confirmed that the immediate neighbour had not objected.
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18 October 2012
Councillor P W High suggested that the applicant be requested to consider a smaller
dwelling on the site.
It was proposed by Councillor Mrs P Grove-Jones, seconded by Councillor Mrs A C
Sweeney and
RESOLVED by 7 votes to 0 with 4 abstentions
That this application be refused on grounds relating to
overdevelopment, since having regard to the space available and in the
context of the area, the proposed dwelling is considered to be excessive
in terms of bulk and massing.
(108) LITTLE SNORING - PF/12/0572 - Formation of car-park and widening of existing
entrance; Bretts (Lings) Wood, Holt Road for Norfolk Wildlife Trust
The Committee considered item 5 of the Officers’ reports.
Public Speaker
Mr R Hewitt (objecting)
Mr J Milton (supporting)
The Senior Planning Officer reported that a further letter had been received from
Solicitors acting for the landowner which had been copied to all Members. A letter
had been received from the applicant countering comments contained in the letter
and giving information regarding the use of the access by the public.
The Senior Planning Officer read to the Committee the comments of Councillor Mrs A
R Green, the local Member, who did not support the formation of a car park but
would support improvements to visibility. Councillor Mrs Green had also requested
monitoring of fly tipping.
The Senior Planning Officer requested deferral of this application to enable the
applicant’s lease to be examined with regard to the terms of public access.
In response to questions by Councillor P Terrington, the Senior Planning Officer
stated that there was no other access available into the site, and the site was not
subject to any other designations.
At the request of the Chairman, and in response to a further question regarding
alternative access by Councillor B Cabbell Manners, Mr Milton explained the extent
of the lease to the Norfolk Wildlife Trust and access to adjoining land by the Forestry
Commission.
Councillor B Cabbell Manners questioned the value of the site for wildlife given the
limited size of the site and unrestricted access to the public. He considered that it
would be preferable to share access via Wallgate Lane with the Forestry
Commission.
The Senior Planning Officer stated that if the lease provided for unrestricted public
access, the applicant could remove the barrier and allow access into the site in its
current condition. He stated that if deferred a plan would be requested to indicate the
extent and dimensions of the area leased by the applicant.
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18 October 2012
The Head of Development Management stated that deferral would also enable the
applicant to be requested to explore the possibility of an agreement with the Forestry
Commission for an alternative access from Wallgate Lane.
Councillor R Reynolds stated that he travelled along the A148 almost daily and very
rarely saw any vehicles parked at the access. He was concerned at the impact of the
proposal on the natural beauty of the site.
Councillor P W High stated that he had witnessed a vehicle reversing out onto the
A148 and considered that the proposal would be safer than the current arrangement.
It was proposed by Councillor Mrs L M Brettle, seconded by Councillor R Reynolds
and
RESOLVED unanimously
That consideration of this application be deferred:
1. To allow sight of the applicant’s lease with regard to provision for
unrestricted public access;
2. To obtain a plan indicating the extent and area of the site;
3. To request the applicant to explore with the Forestry Commission
the possibility of an alternative access from Wallgate Lane.
(109) RUNTON - PF/12/0138 - Change of use from residential to a mixed use of
residential/A1 (retail); Ceres, 16 High Street, East Runton for Mrs Mc Knespiey
The Committee considered item 6 of the Officers’ reports.
Public Speaker
Mrs C McKnespiey (supporting)
The Senior Planning Officer reported that revised drawings had been received
indicating the arrangement of the proposed ice-cream parlour, which would allow
customers to stand inside the building. He considered that the issues of concern
relating to the width of the footpath had been resolved.
Councillor Mrs H P Eales, the local Member, stated that she had called in the
application because of concerns raised by the Parish Council. She was fully
supportive of businesses in the village. However, she had concerns regarding the
traffic congestion in the village and referred to a number of recent accidents which
had occurred nearby. The footpath on the north side of the road was narrow.
Councillor B Cabbell Manners considered that the proposal was acceptable as
customers would be able to step inside. He proposed approval of this application.
Councillor Mrs A C Sweeney supported the Officer’s recommendation.
considered that most customers would approach from the car park.
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18 October 2012
Councillor R Shepherd considered that the location was dangerous as traffic calming
measures on the south side of the highway meant that some vehicles were almost
forced onto the pavement on the north side.
Councillor P Terrington suggested that the applicant be requested to use the side
entrance into the building instead of siting the entrance at the front of the building.
The Senior Planning Officer stated that this option had been explored but it was
considered marginally worse for people to exit between the two buildings.
In response to a question by the Chairman, the Development Control Officer
(Highways) stated that it was questionable as to whether a barrier along the
pavement at this location would be appropriate as it would need to be set in from the
kerb and would narrow the pavement even more.
The Chairman asked the applicant if she would consider increasing the depth of the
shop to allow more space for customers. Mrs McKnespiey confirmed that there was
sufficient space within the building and that she willing to do so. She further
confirmed that there would be level access into the shop.
It was proposed by Councillor Mrs S A Arnold, seconded by Councillor Mrs L M
Brettle and
RESOLVED by 10 votes to 1
That the Head of Development Management be authorised to approve
this application subject to an increase in the depth of the shop to
provide a larger area for customers, and subject to the imposition of
appropriate conditions.
(110) STALHAM - PF/12/0787 - Retention of solar panels; 129 High Street for Mr J
Dace
Councillor Mrs P Grove-Jones stated that she had discussed this application with the
applicant.
The Committee considered item 7 of the Officers’ reports.
Public Speaker
Mr J Dace (supporting)
The Conservation, Design and Landscape Manager referred to the need for a
balance between design, heritage and conservation issues. Whilst it was necessary
to encourage the use of sustainable energy, this should not be at the expense of the
character of towns and historic buildings. In this case, the proposal had an impact on
an important building in Stalham Conservation Area. He referred to the Stalham
Conservation Area Appraisal and Management Plan and the importance of retaining
the character and setting of the Conservation Area. He considered that the panels
were very prominent, not only from the walkway from Tesco but also along the High
Street.
Councillor Mrs P Grove-Jones, a local Member, referred to the policy conflict
between energy conservation and conservation and design issues. She requested a
site inspection.
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18 October 2012
Councillor B Cabbell Manners considered that the panels were not visible from the
High Street and could only be seen from the Tesco direction. He considered that the
applicant should be allowed to make a contribution to sustainable energy. He
proposed approval of this application, which was seconded by Councillor R
Shepherd.
Members expressed concern regarding the signage on the neighbouring shop.
However, the Head of Development Management considered that the sign in
question did not require consent.
In response to a question by Councillor P Terrington, the Senior Planning Officer
explained the planning criteria with regard to whether or not planning permission was
required for solar panels.
Following further debate, Councillor J A Wyatt seconded Councillor Mrs GroveJones’ proposal for a site inspection as an amendment.
The amendment was put to the vote, declared carried by 6 votes to 5 and on being
put as the substantive motion it was
RESOLVED by 6 votes to 5
That consideration of this application be deferred to allow an inspection
of the site by the Committee and that the local Members and Chairman
of the Town Council be invited to attend.
(111) WALSINGHAM - PF/12/0877 - Conversion of outbuilding to residential annexe;
16-18 Todds Yard, off Bridewell Street for Mr T & Mr V Fitzpatrick
All Members declared a personal interest in this application as Mr FitzPatrick was a
fellow Councillor.
The Committee considered item 8 of the Officers’ reports.
In response to concerns raised by Councillor Mrs A C Sweeney regarding parking,
the Senior Planning Officer stated that the Highway Authority had no objection on the
basis that the accommodation was to be used as an annexe. The Head of
Development Management recommended a condition to restrict the annexe to
ancillary use only.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor R
Reynolds and
RESOLVED by 9 votes to 0 with 2 abstentions
That this application be approved subject to the imposition of
appropriate conditions to include a restriction to ancillary use in
connection with the existing dwelling.
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18 October 2012
(112) WALSINGHAM - LA/12/0878 - Internal and External Alterations to facilitate
conversion of outbuildings to residential annexe; 16-18 Todds Yard, off
Bridewell Street for Mr T & Mr V Fitzpatrick
All Members declared a personal interest in this application as Mr FitzPatrick was a
fellow Councillor.
The Committee considered item 9 of the Officers’ reports.
RESOLVED
That this application be approved subject to the imposition of
appropriate conditions.
(113) APPLICATION RECOMMENDED FOR A SITE INSPECTION
The Planning Legal Manager read to the Committee the comments of Councillor Ms
V R Gay, a local Member, who supported the recommendation for a site inspection.
RESOLVED
That site visit be arranged in respect of the following applications and
that the local Members and Town Mayor be invited to attend:
NORTH WALSHAM – PF/12/0887 – Conversion of bed and breakfast
lodges to veterinary surgery; Toll Barn, Heath Road for Toll Barn
Veterinary Practice
(114) WIND TURBINE APPLICATIONS AND SCHEME OF DELEGATION
The Committee considered item 11 of the Officers’ reports which sought the
Committee’s view as to a possible change to the Scheme of Delegation involving the
determination of wind turbine applications.
Councillor P Terrington expressed concern that Norfolk County Council had no policy
on wind turbines and that this Authority was a consultee for those applications on
County Council land. He considered that the Committee required an overall picture
of how many wind turbines were being erected in the District. He was particularly
concerned about the cumulative effect of wind turbines. He requested that the scope
of the proposed change to the Scheme of Delegation be widened to include solar
farms.
The Head of Development Management referred to the number of applications which
had been considered over the past two years and stated that, although he did not
have the exact figures, approvals and refusals were fairly even. Many had been
refused under delegated powers. He supported the suggestion to include solar
farms. The Landscape Officer took the cumulative effect of wind turbines into
account when making her recommendations. Local Members knew their local area
better than Officers and could call in applications if they were concerned. If his
recommendation were approved the Chairman or Vice-Chairman of the Committee
would also be consulted.
Councillor Mrs P Grove-Jones stated that the request to call-in all applications had
arisen as a result of a site visit at East Ruston, where a wind turbine had already
been erected without the Committee being aware of it. A number of objections had
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18 October 2012
been received subsequent to its erection. She considered that there was concern
that a local Member may not be concerned about an application, whereas the
Committee may consider there were legitimate reasons for objection.
Councillor R Shepherd considered that small turbines raised little concern and
suggested that the scheme be applied to those above 15m in height.
The Chairman considered that the approach recommended in the Head of
Development Management’s report was a sensible one and could be reviewed after
six months.
It was proposed by Councillor B Smith, seconded by Councillor P W High and
RESOLVED unanimously
That Full Council be recommended to amend the Scheme of Delegation
to allow all applications for wind turbines and solar farms to be
determined under delegated powers with the agreement of the local
Member(s) and Chairman (or Vice-Chairman) of the Development
Committee, and that this be reviewed after six months.
(115) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 12 of the Officers’ reports.
(116) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 13 of the Officers’ reports.
(117) NEW APPEALS
The Committee noted item 14 of the Officers’ reports.
(118) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 15 of the Officers’ reports.
(119) WRITTEN REPRESENTATIONS APPEALS - IN HAND
The Committee noted item 16 of the Officers’ reports.
(120) APPEAL DECISIONS
The Committee noted item 17 of the Officers’ reports.
The meeting closed at 12.30 pm.
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