20 AUGUST 2015 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 R Reynolds (Chairman) R Shepherd (Vice-Chairman) Mrs S Butikofer N Coppack Mrs P Grove-Jones P High N Pearce P Rice S Shaw B Smith N Smith Mrs V Uprichard Mrs A Claussen-Reynolds – substitute for S Hester Ms M Prior – substitute for S Ward D Smith – Sheringham North Ward G Williams – Worstead Ward D Young – High Heath Ward Officers Mrs N Baker – Head of Planning Mr R Howe – Planning Legal Manager Mr G Lyon – Major Projects Manager Mrs N Turner – Housing Strategy & Community Development Manager Mr J Williams – Major Projects Team Leader Miss J Medler – Development Management Team Leader Mr D Watson – Development Management Team Leader Mr D Higgins – Principal Highway Engineer (NCC Highways) Mr D Mortimer – Development Management Officer (NCC Highways) (66) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors S Hester and S Ward. Two substitute Members attended the meeting as shown above. (67) MINUTES The Minutes of meetings of the Committee held on 23 July 2015 were approved as a correct record and signed by the Chairman. (68) ITEMS OF URGENT BUSINESS None. (69) DECLARATIONS OF INTEREST The following interests were declared: Minute 74 Councillor: R Shepherd Development Committee Interest Previous involvement with the developer 1 20 August 2015 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 Officers’ report, the Committee reached the decisions as set out below. Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (70) BLAKENEY - PF/15/0762 - Demolition of bungalow and outbuildings and erection of a two-storey dwelling and detached three car garage; Three Owls Farm, Saxlingham Road for Mrs Cargill The Committee considered item 1 of the Officers’ reports. Public Speakers Mr R Hewitt (objecting) Mr T Schofield (supporting) The Major Projects Manager presented the report and drew Members’ attention to planning history, representations received and the main issues for consideration. He stated that page 3 of a letter attached at Appendix 1 to the report from a Solicitor acting on behalf of the Glaven Valley Protection Group and the Friends of North Norfolk had been omitted from the agenda, but had been forwarded to Members in a further email. A further letter had been received from the Glaven Valley Protection Group and Friends of North Norfolk querying the need for screening under Environmental Impact Assessment (EIA) Regulations. The Major Projects Manager stated that, although within the AONB, and irrespective of whether the proposed development falls within the descriptions of development contained in either Schedule 1 or Schedule 2 of the EIA Regulations, the characteristics of development were not considered to be of the magnitude which would result in likely significant effects on the receiving environmentand Officers therefore were of the opinion that an EIA was not required. The Major Projects Manager displayed an aerial photograph and photographs indicating a number of viewpoints. He stated that the Landscape Officer considered that a visual impact assessment was not required and that, subject to the imposition of appropriate conditions in respect of landscaping, which should include the retention of the frontage hedgerow to the Saxlingham Road, Officers considered that the proposed dwelling would not have an adverse impact on the landscape character of the area or AONB Development Committee 2 20 August 2015 In respect of representations received requesting legal agreements to control future development on the site, the Major Projects Manager considered that development could be adequately controlled by conditions and that a legal obligation was unnecessary. He drew attention to proposed condition 3 set out in the report. He recommended approval of this application subject to the conditions set out in the report. Councillor P W High considered that the height and scale of the current proposal was far more compatible than the previous applications and would have no visual impact. He proposed approval of this application as recommended. Councillor Mrs P Grove-Jones referred to the height of the building, which was still considerably taller than the existing bungalow. She asked if approval of this application would affect the current appeal against the previous application. The Planning Legal Manager stated that whilst the decision would be a relevant material consideration, it did not follow that the appeal would be allowed. The Council would defend its previous decision at the appeal. Councillor R Shepherd seconded the proposal. Councillor Ms M Prior referred to a request by Mr Hewitt to defer the application. She stated that the Parish Council had no objection and all necessary consultations had been carried out, therefore she considered that deferral was unnecessary. RESOLVED unanimously That this application be approved subject to the imposition of conditions in accordance with the recommendation of the Head of Planning. (71) CLEY-NEXT-THE-SEA - PF/15/0467 - Conversion of barn to residential dwelling; Green Farm, Holt Road for Executors of Estates of E W J Watts and Y U Watts The Committee considered item 2 of the Officers’ reports. Public Speaker Mr T Schofield (objecting) The Development Management Team Leader reported that the applicant was willing to widen the access, subject to third party approval. He outlined the highway safety issues relating to this application. The Highway Authority maintained its objection to this application. However, Officers considered that provided that improvements to the access could be achieved, on balance, the proposal was acceptable given the need to secure the future of the barn. Councillor D Young, the local Member, considered that residential use was the best way to secure the future of the building. However, access was the key issue. He considered that installation of kerbing was unlikely to slow traffic speeds. However, he had no objection to kerbing if it satisfied the Highway Authority. He considered that traffic mirrors would help drivers exiting the site. He considered that with only six traffic movements a day it would be relatively rare that drivers would need to slow down for vehicles leaving the site. He considered that widening the access would largely resolve the issues but understood that the owners would not give their permission. He asked if the application would be refused if it was not possible to widen the access. Development Committee 3 20 August 2015 The Development Management Officer (NCC Highways) explained that the shortfall in visibility was in the traffic direction and kerbing would narrow the road and provide a pedestrian refuge. Mirrors were not acceptable as they could give a distorted view and reflect headlights, and could be knocked out of alignment. If the access could not be widened it would lead to traffic waiting in the road. There were other buildings on the site which could possibly come forward for development. The Chairman reminded the Committee that it was dealing with this application only. Councillor R Shepherd considered that there was a need to preserve the barn and storage use would not do so. The entrance wall had a large crack in it and would need to be repaired in any case. He considered that the access in its present form was acceptable. He proposed delegated approval of this application as recommended. He considered that it would be of benefit if the improvements could be secured but if not, the application was acceptable as it stood. Councillor Mrs A Claussen-Reynolds considered that if this application were approved, it should be subject to an accurate protected species survey being carried out prior to commencement of development. Councillor Ms M Prior stated that she travelled this road regularly and considered that it did not need any further narrowing. She referred to ownership of the listed wall and considered that the entrance would not be widened and that it would be difficult to achieve 4.5m width in any case. She questioned why the barn could not be restored and used for storage. She could not support this application unless it met the Highway Authority’s requirements. The Officers advised the Committee with regard to conditions which would be required to secure the access improvements prior to work commencing on the barn. With regard to the kerb, the Development Management Officer (NCC Highways) stated that he understood the Conservation and Design Officer’s concerns regarding provision of a footpath. He explained that The Green was a destination for pedestrians and securing a refuge on the verge would mitigate concerns to a degree. Councillor N Smith considered that storage use could generate a number of traffic movements without issues being raised regarding the access. In his opinion there would little difference between storage and domestic use. If the building were used for livestock the number of movements could be considerable. Councillor P W High considered that further clarification was needed in respect of the access. He proposed deferral of this application to explore the possibility of agreement being reached with the owner of the wall with regard to widening of the access. Councillor P Rice supported Councillor Mrs Claussen-Reynolds’ view regarding the protected species survey. He seconded deferral of this application. The Planning Legal Manager advised the Committee that it would be in order to defer this application. Councillor B Smith considered that the wall should be retained as widening would detract from the attractiveness of the site. He stated that permission had been given elsewhere where access was worse than the current application. He stated that there was a “slow” sign on the road surface. He considered that a sign to draw attention to the concealed entrance would be helpful. Development Committee 4 20 August 2015 Councillor R Shepherd withdrew his proposal. It was proposed by Councillor P W High, seconded by Councillor P Rice and RESOLVED unanimously That consideration of this application be deferred to clarify issues regarding the possible alteration of the wall and whether kerbing would alleviate the highway safety issues. With regard to protected species, the Development Management Team Leader explained that the Landscape Officer was satisfied on this issue and that detailed conditions would be submitted when the application was further considered by the Committee. (72) FAKENHAM - PO/14/1212 - Residential development for a maximum of 78 dwellings, extension to existing allotments, public open space, surface water attenuation pond and foul sewage pumping station; Brick Kiln Farm, Rudham Stile Lane for Mr Picken The Committee considered item 3 of the Officers’ reports. The Major Projects Manager stated that this application formed part of a wider allocation. A development brief had been agreed by Cabinet and, on the basis of the allocation, the principle of development had already been established. An indicative layout had been submitted. Officers considered that it would be possible to satisfactorily accommodate 78 dwellings on the site, although improvements to the layout would be sought at reserved matters stage. The Major Projects Manager presented the report and drew attention to the representations, consultation responses and main issues for consideration including the advice of the Highway Authority. Updated comments had been received from Environmental Health, Environment Agency and Natural England. The comments of Anglian Water were awaited. He requested delegated authority to approve this application subject to (i) prior completion of a Section 106 agreement in accordance with the terms set out in the Development Viability Implications and S.106 Planning Obligations section of the report and including an uplift clause; (ii) no new material issues being raised by Anglian Water following reconsultation on the ASD Engineering report submitted on behalf of Trinity College Cambridge; (iii) the specific conditions set out in the report; and (iv) any other conditions considered to be appropriate by the Head of Planning , possibly including a condition requiring details of sewage disposal from the development to be submitted as part of any reserved matters application. The Chairman stated that this application was in his Ward but he did not intend to speak on it. Councillor Mrs A Claussen-Reynolds declared that this application was in her Ward. She stated that the principle of development had already been established. The proposed allocation was on a privately owned site, and not part of the future 800-900 dwellings on land owned by Trinity College. As a consequence it would be accessed from the existing entrance onto Rudham Stile Lane. She was pleased with the range of dwellings, although it was unfortunate that only 2 affordable homes would be provided and that further negotiations were not possible given the initial outlay for services and financial contributions. However, an excellent Section 106 agreement Development Committee 5 20 August 2015 and uplift clause had been negotiated, including funding towards a new primary school. She hoped that the site would move forward quickly and considered that if the site were tidied up it would be beneficial and possibly encourage movement on the larger site and further affordable housing provision. She stated that the upgrade to Rudham Stile Lane was of utmost importance and that conditions should include access by contractors’ vehicles from the A148 using Water Moor Lane, upgrading of the bridge junction and connection to Rudham Stile Lane, an on-site parking area and unloading area for supply vehicles on site. She was pleased that on-site wheel washing and a scheme for off-site highway improvements in Rudham Stile Lane were included in the conditions. She proposed delegated approval of this application in accordance with the recommendation. The County Council Principal Highway Engineer referred to the anticipated additional traffic movements from the site. In relation to works to Rudham Stile Lane, he stated that it was important to provide safe walking routes to school for children. The Highway Authority’s holding objection related to the principle of the proposal as it could take value away from the site as a whole. However, as a stand-alone site the Highway Authority would not recommend refusal. The Housing Strategy & Community Development Manager explained the viability issues and assessment method. On the evidence available, any more than two affordable dwellings would fail the viability test for this site. In answer to questions by Councillor Mrs P Grove-Jones, the Major Projects Manager stated that Trinity College had not submitted an application at the present time, but there were indications that it would do so. Trinity College would be responsible for the drainage on its own site. Councillor Mrs V Uprichard expressed concern that there was a downward spiral in terms of provision of affordable housing. She considered that the Housing Strategy & Community Development Manager had done very well to achieve 2 affordable dwellings in the current proposal of 78 dwellings. She referred to other sites where there was little or no affordable housing. She stated that she would be contacting the Portfolio Holder and Leader of the Council to request a meeting of Development Committee to discuss this matter with a view to reversing the trend. Councillor P W High seconded Councillor Mrs A Claussen-Reynolds’ proposal. Councillor N Smith expressed concern at the lack of affordable housing but understood the situation. He was also concerned with regard to employment issues. RESOLVED unanimously That the Head of Planning be authorised to approve this application subject to: (i) Prior completion of a Section 106 agreement in accordance with the terms set out in the Development Viability Implications and S.106 Planning Obligations section of the report and including an uplift clause; (ii) No new material issues being raised by Anglian Water following reconsultation on the ASD Engineering report submitted on behalf of Trinity College Cambridge; Development Committee 6 20 August 2015 (iii) The specific conditions set out in the report; and (iv) Any other conditions considered to be appropriate by the Head of Planning, possibly including a condition requiring details of sewage disposal from the development to be submitted as part of any reserved matters application. (73) RUNTON - PF/15/0315 - Erection of one and a half-storey rear extension and raise roof to provide habitable accommodation, insertion of first floor balcony and installation of cladding; Apple Tree Cottage, Rosebery Road, West Runton for Mr B Cottam The Committee considered item 4 of the Officers’ reports. Public Speaker Mr Cottam (supporting) The Development Management Team Leader explained the impact issues and displayed photographs of the site and neighbouring dwellings. Councillor Mrs S Butikofer, the local Member, considered that the design would be an improvement on the existing and would be in keeping with the neighbouring dwelling. However, she had concerns regarding impact on the neighbour. In response to a question by Councillor P Rice the Development Management Team Leader explained the proposed materials to be used for the balcony. It was proposed by Councillor R Shepherd, seconded by Councillor Mrs P GroveJones and RESOLVED unanimously That consideration of this application be deferred to allow the Committee to undertake a site inspection. (74) SHERINGHAM - PF/15/0721 - Erection of a detached single-storey building to provide 2 self-contained annexes; Dalmeny House, 2 The Boulevard for Dalmeny House Limited The Committee considered item 5 of the Officers’ reports. Public Speaker Mrs A Smith (Sheringham Town Council) Councillor D Smith, a local Member, explained the nature of the premises and referred to the strict supervision of the patients currently in residence. He expressed concern that the new building was noticeably larger than the shed it replaced, and that the applicants could relocate the existing shed without the need for planning permission. He stated that the mental health patients required space and tranquillity to help with their condition and that the two buildings would result in cramming, to the detriment of their wellbeing. He considered that in the circumstances the proposal would result in overdevelopment and detrimental loss of amenity space. Development Committee 7 20 August 2015 Councillor R Shepherd supported Councillor D Smith’s comments. He stated that amenity space was desperately needed by the patients. He considered that the proposed building was inadequate and would considerably reduce the amount of amenity space. Councillor Mrs P Grove-Jones expressed concern that it was proposed to house the patients in a building which was separated from the main house without supervision. She proposed refusal of this application, which was seconded by Councillor N Smith. Councillor P Rice considered that there was an issue for Social Services to consider. In answer to a question by Councillor Ms M Prior, the Development Management Team Leader explained that this proposal related to annexe accommodation and the floor space requirements were less than an independent dwelling. A condition would be imposed to prevent separate occupation. Councillor Mrs A Claussen-Reynolds suggested deferral of this application. The Major Projects Manager stated that he understood the units would be required to operate under the Care Quality Commission requirements. He suggested that advice be sought from the Commission. Following further advice from the Officers, it was proposed by Councillor Mrs A Claussen-Reynolds, seconded by Councillor N Pearce and RESOLVED unanimously That consideration of this application be deferred to seek the views of the Care Quality Commission. (75) UPPER SHERINGHAM - PF/15/0114 - Erection of 52 dwellings, access, roads, open space, parking areas and associated works; Land off Holway Road/Butts Lane for Norfolk Homes Ltd The Committee considered item 6 of the Officers’ reports. Public Speakers Mr J Horne (Upper Sheringham Parish Council) Mr L McGinn (Sheringham Town Council) Mr A Presslee (supporting) The Major Projects Team Leader explained that this application was in the parish of Upper Sheringham, although it was geographically located close to the town of Sheringham. He presented the report and displayed photographs and plans of the site and a fly-through presentation of the proposed development. He stated that most of the outstanding issues relating to affordable housing had now been resolved, with the exception of the methodology for calculating the price of the shared ownership dwellings. There was a willingness to resolve this issue and he requested that this matter be delegated to Officers if the Committee was minded to approve the application. The Major Projects Team Leader reported that a further letter had been received from Upper Sheringham Parish Council in relation to the amended plans. The Parish Council strongly objected to the application on grounds relating to the need to protect Development Committee 8 20 August 2015 the Area of Outstanding Natural Beauty, covenants on the site, loss of valuable open space, effect on infrastructure and highway safety on Holway Road. The Parish Council also considered that Section 106 monies should be used in the parish. In response to the Parish Council’s concerns, the Major Projects Team Leader stated that the AONB issues had been addressed by the Inspector on examination of the Core Strategy. Covenants were not relevant to the consideration of the planning application. Anglian Water and the Environment Agency had no objections, schools had sufficient capacity and no response had been received from the NHS regarding health services. He explained the tests which were required for Section 106 contributions and the proposed contributions which related to this development. The Major Projects Team Leader requested delegated authority to approve this application subject to (i) agreement on details in relation to affordable housing provision; (ii) expiry of the period of re-advertisement (revised plans) and no new grounds of objection received; (iii) final approval of the Highway Authority on the technical specifications of the adopted road; (iv) completion of a Section 106 Planning Obligation (to include details relating to the provision of affordable housing, securing early delivery in accordance with the Council’s Housing Delivery Scheme, financial contributions towards libraries and SAC/SPA visitor pressure mitigation and £18,000 towards play equipment); and (v) the imposition of appropriate conditions. The Housing Strategy & Community Development Manager explained that the only outstanding issue relating to the proposed shared equity dwellings was the mechanism by which the Section 106 agreement could ensure that they were affordable. She was confident that agreement could be reached. The Principal Highway Engineer explained that there would be adequate visibility from the proposed access. The creation of a street scene by access onto the road would encourage drivers to respect the speed limit. In response to a comment made by a speaker, the Chairman stated that any further extension to the site was not for consideration at this meeting. Councillor Mrs V Uprichard considered that the design of the development was good and she was pleased that affordable housing would be provided. However, she considered that if this development was proposed elsewhere in Upper Sheringham it would have been recommended for refusal on policy grounds. She therefore proposed refusal of this application. Councillor N Coppack stated that it had been made clear on the site inspection that the site was within Upper Sheringham. He considered that the design of the development was good and proposed delegated approval of this application as recommended. Councillor R Shepherd stated that Butts Lane was within his Ward, but not the application site. He was pleased that Butts Lane would not be altered, but expressed concern that the fence could be damaged to create a shortcut to the school. He asked where the contribution towards play equipment would be used. The Major Projects Team Leader stated that the Parks and Recreation Manager would normally decide how the contribution towards play equipment would be used but accepted that there was an argument that it should be used in Upper Sheringham rather than Sheringham. The contribution was being sought as there would be children living on the site and it should be used in areas which would Development Committee 9 20 August 2015 benefit the residents, possibly to provide additional equipment on a nearby playground. Councillor Shepherd referred to Sheringham Town Council’s concerns regarding loss of open space and building up to the adjacent woodland. However, this had also happened on the opposite side of Holway Road. He expressed concern regarding drainage but Anglian Water had raised no concerns. He seconded Councillor Coppack’s proposal for delegated approval. In response to a question by Councillor P Rice, the Planning Legal Manager explained that approval of this application would not breach the Council’s policies. Councillor Ms M Prior expressed concern at the distribution of affordable housing on the site. Councillor Mrs A Claussen-Reynolds considered that the layout of the site was good. Councillor Mrs P Grove-Jones expressed concern at possible future extension of the site given its location. She referred to allocated site SH06 which was closer to the town and its services. Councillor P W High suggested that the Section 106 contribution for play equipment should be directed at the parish of Upper Sheringham. This was supported by Councillors Mrs S Butikofer and P Rice. Councillor Mrs S Butikofer expressed concern that there was already pressure on the doctors’ surgery and this issue needed to be addressed if further development were to take place. The Planning Legal Manager advised the Committee that it was in order to resolve that the Section 106 contribution be used to benefit Upper Sheringham. It was proposed by Councillor N Coppack, seconded by Councillor R Shepherd and RESOLVED by 11 votes to 2 That the Head of Planning be authorised to approve this application subject to: (i) Agreement on details in relation to affordable housing provision; (ii) Expiry of the period of re-advertisement (revised plans) and no new grounds of objection received; (iii) Final approval of the Highway Authority on the technical specifications of the adopted road; (iv) Completion of a Section 106 Planning Obligation (to include details relating to the provision of affordable housing, securing early delivery in accordance with the Council’s Housing Delivery Scheme, financial contributions towards libraries and SAC/SPA visitor pressure mitigation and £18,000 towards play equipment to benefit Upper Sheringham); and (v) The imposition of appropriate conditions. Development Committee 10 20 August 2015 (76) WORSTEAD - PF/15/0936 - Development of ground mounted solar voltaic panels and associated works; Land at Bunn's Hill, North Walsham for Solarcentury The Committee considered item 7 of the Officers’ reports. The Major Projects Manager stated that the site was on grade 3b and 4 agricultural land. The applicant was keen to remove as many pre-commencement conditions as possible. The applicant proposed to use metal poles for the mounting of CCTV cameras but Officers considered that timber poles would sit better in the landscape but acknowledged that this may require additional cameras and poles. There were a number of landscaping issues still to be considered and he requested delegated authority to approve this application subject to no new grounds of objection from outstanding consultees and subject to the imposition of appropriate conditions. Councillor G Williams, the local Member, stated that his comments related to both this application and PF/15/0938 below. He had attending meetings with regard to these applications. He considered that lessons had been learned from the adjacent scheme which had been the first one in the District. He referred to discussions held on site and subsequent confirmation by the applicants which had satisfied most of his concerns. He considered that local residents would be satisfied provided the conditions were imposed and adhered to. RESOLVED unanimously That the Head of Planning be authorised to approve this application subject to no new grounds of objection from outstanding consultees and subject to the imposition of appropriate conditions. (77) WORSTEAD - PF/15/0938 - Proposed development of ground mounted solar photovoltaic panels and associated works; Land at Frog's Loke, North Walsham for Frog's Loke Solar Ltd The Committee considered item 8 of the Officers’ reports. RESOLVED unanimously That the Head of Planning be authorised to approve this application subject to no new grounds of objection from outstanding consultees and subject to the imposition of appropriate conditions to include those listed in the report. (78) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION The Committee considered item 9 of the Officers’ reports. RESOLVED That the Committee undertakes the following site inspection: ALBY – PF/15/0849 – Conversion of former reading rooms to wedding venue; car park for 30 cars with new access off Church Road; The Old Rectory, Church Road for Mr S Williams Development Committee 11 20 August 2015 (79) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 10 of the Officers’ reports. (80) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 11 of the Officers’ reports. (81) NEW APPEALS The Committee noted item 12 of the Officers’ reports. (82) INQUIRIES AND HEARINGS - PROGRESS The Committee noted item 13 of the Officers’ reports. (83) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 14 of the Officers’ reports. The Planning Legal Manager updated the Committee on current appeal cases. (84) APPEAL DECISIONS – RESULTS AND SUMMARIES The Committee noted item 17 of the Officers’ reports. The Planning Legal Manager updated the Committee in respect of Cromer PF/13/1521, erection of crematorium. (85) COURT CASES – PROGRESS AND RESULTS The Committee noted item 18 of the Officers’ reports. The meeting closed at 1.38 pm. CHAIRMAN 17 September 2015 Development Committee 12 20 August 2015