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. Development Committee 1 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) Development Committee 2 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. Development Committee 3 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. Development Committee 4 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. Development Committee 5 She 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. Development Committee 6 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. Development Committee 7 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 Development Committee 8 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. Development Committee 9 18 October 2012