20 MAY 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
H C Cordeaux (Chairman for all except Minute 105)
Mrs C M Wilkins (Chairman for Minute 105)
S J Partridge (Vice-Chairman (East))
J A Wyatt (Vice-Chairman (West))
Mrs S A Arnold
M J M Baker
B Cabbell Manners
Mrs A R Green
P W High
J D Savory
B Smith
Mrs A C Sweeney
Mrs J Trett
Mrs L Walker
Officers
Mr S Oxenham - Head of Planning and Building Control
Mr J Williams - Development Control Manager (East)
Mrs E Smith - Solicitor (Standards and Governance)
Mr G Linder - Senior Planning Officer (West)
Mr I Thompson - Senior Planning Officer (East)
Mr D Sutton - Environmental Protection Officer
(94)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors Mrs B McGoun, S C Mears, J
H Perry-Warnes, Mrs M Seward and P J Willcox. There were no substitute Members
in attendance.
(95)
MINUTES
The Minutes of a meeting of the Development Control Committee held on 8 April
2010 were approved as a correct record and signed by the Chairman.
(96)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(97)
DECLARATIONS OF INTEREST
No interests were declared.
(98)
The Graham Allen Award for Conservation and Design
The Committee considered item 1 of the officers’ reports outlining the need to
establish a Judging Panel for this year’s Graham Allen Award for Conservation and
Design and to agree the proposed dates for the judging and presentation of the
awards.
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20 May 2010
RESOLVED
1.
That a total of nine Councillors be nominated from West and East
Development Control Committees to form a judging panel for the
Graham Allen Award, one of whom will be elected Chairman.
2.
That the judging for the Awards take place on Friday 23 July 2010 with
the presentation to take place on Thursday 23 September 2010.
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.
(99)
BARTON TURF - PF/10/0301 - Variation of condition 3 planning permission
reference: 00/1685 to permit continued use of annexe for holiday
accommodation; Beech Cottage, Bittern Crescent for Mr T Ringwood
The Committee considered item 2 of the officers’ reports.
Public Speakers
Irene Thompson (objecting)
Terry Ringwood (supporting)
The Senior Planning Officer read to the Committee the comments of Councillor Mrs B
McGoun, the local Member, who was unable to be present at the meeting. Councillor
Mrs McGoun considered that the application should be refused on grounds that the
proposal was contrary to Core Strategy Policies EC2 and SS2 as the use of the
building was inappropriate in this location.
Councillor Mrs C M Wilkins asked if it would be appropriate to impose a seasonal
occupancy condition on the building given its wooden construction. She also asked if
any enforcement action had been taken in response to complaints made in 2005.
The Senior Planning Officer stated that he had been unable to trace any enforcement
action taken against the unauthorised use of the building. Whilst construction of the
building was not a planning matter there could be a case for a seasonal occupancy
restriction if appropriate.
Councillor B Cabbell Manners proposed approval of this application in accordance
with the officer’s recommendation. This was seconded by Councillor S J Partridge.
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20 May 2010
Councillor Mrs S A Arnold considered that if this were a new application it would not
be approved. She expressed concerns regarding construction of the building and
lack of enforcement action in this case.
Councillor M J M Baker expressed concern that conditions imposed on planning
permissions were not proactively monitored.
The Development Control Manager stated that officers had to be selective with
regard to the monitoring of conditions given the number of permissions that were
issued subject to conditions. Conditions were monitored in cases where the
Committee specifically requested it.
RESOLVED by 9 votes to 2 with 2 abstentions
That this application be approved in accordance with
recommendation of the Head of Planning and Building Control.
the
(100) CROMER - PF/10/0296 - Enclosing of canopy to form entrance lobby and
retention of 3m high screen fence; Buddies Bar and Lounge, Holt Road for G R
Armstrong Ltd
The Committee considered item 3 of the officers’ reports.
Public Speaker
Carolyn Candish (objecting)
Councillor B Cabbell Manners, a local Member, stated that the paramount issue was
to prevent noise escaping from the building. However, he considered that the small
glazed panels in the top section of the lobby detracted from the original features. He
considered that plain glazing would be more appropriate as it would not detract from
the original ironwork. He proposed deferral of this application to allow negotiations
for a more appropriate design for the lobby. He had no objection to the screen fence.
Councillor S J Partridge referred to the lack of objection from the Conservation,
Design and Landscape Manager. He proposed approval of this application in
accordance with the officer’s recommendation. This was seconded by Councillor Mrs
C M Wilkins.
Councillor J D Savory seconded Councillor Cabbell Manners’ proposal for deferral of
this application.
The Solicitor explained that this application had been made in response to an
undertaking given as a condition of the applicant’s premises licence.
In answer to a question by the Chairman, Carolyn Candish confirmed that she
considered that clear glazing would be better as it would allow appreciation of the
original structure.
The amendment for deferral of this application was put to the vote and declared lost
with 3 Members voting for the amendment and 10 against.
RESOLVED by 9 votes to 4
That this application be approved subject to the imposition of
conditions relating to materials.
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20 May 2010
(101) EAST RUSTON - PF/10/0236 - Erection of single-storey rear extension; 4 Foxhill
Road, East Ruston for Mr S Fulcher
The Committee considered item 4 of the officers’ reports.
Public Speaker
Mrs Norgate (objecting)
Councillor B Cabbell Manners proposed approval of this application in accordance
with the officer’s recommendation.
In response to concerns raised by Councillor Mrs S A Arnold the Development
Control Manager stated that protection of the neighbour’s oil tank during construction
work was a civil matter.
On being put to the vote, the proposition was declared lost with 4 Members voting in
favour and 6 against with 3 abstentions.
It was proposed by Councillor Mrs C M Wilkins, seconded by Councillor Mrs L Walker
and
RESOLVED by 9 votes to 4
That this application be refused on grounds that this proposal is
contrary to Core Strategy Policy HO8 as it would be a further extension
of the property which would have an overbearing impact on the
neighbour.
(102) GIMINGHAM - PF/10/0203 - Erection of one and a half storey dwelling and
garage; Land Adjacent Treeside, School Lane for Mr S Colbourne
The Committee considered item 5 of the officers’ reports.
Public Speakers
Daniel Gotts (Gimingham Parish Council)
Myra Coe (objecting)
Simon Colbourne (supporting)
All Members had received correspondence in respect of this matter.
The Senior Planning Officer reported that Environmental Health had requested a
further two weeks to comment in respect of contamination. He therefore requested
delegated authority to approve this application subject to no objections from
Environmental Health regarding contamination and subject to the imposition of
conditions to include reference to the amended plans, details of the passing bay and
visibility splay, a reduced implementation time limit to accord with the outline
permission, withdrawal of permitted development rights for windows and extensions
and a materials condition.
Councillor G R Jones, the local Member, stated that this was an important site. He
supported the construction of a dwelling on the site as it was the last opportunity to
build a private dwelling in Gimingham. However, he was concerned with regard to
scale and layout and impact on surrounding dwellings. He requested a full report on
site stability given the sandy subsoil. He expressed concern on the impact of
construction traffic on the road network. He requested a site inspection.
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20 May 2010
It was proposed by Councillor B Smith, seconded by Councillor Mrs C M Wilkins and
RESOLVED by 10 votes to 1 with 2 abstentions
That consideration of this application 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.
Members requested that the applicant peg out the position of the proposed dwelling
and that of the existing permission.
(103) HOLT - PF/09/1059 - Display of Non-Illuminated Banner Advertisements; Holt
Country Park, Norwich Road for North Norfolk District Council
This application had been withdrawn.
(104) PASTON - PF/10/0141 - Construction of on-shore gas processing facilities,
including pipeline connections to off-shore storage and 100m emergency vent
stack; Perenco UK Ltd, Paston Road, Bacton for Bacton Storage Company Ltd
The Committee considered item 7 of the officers’ reports.
Public Speaker
Mr Dacombe (supporting)
The Development Control Manager reported that Environmental Health had no
objections subject to a number of conditions relating to construction and operation of
the development. The Coast Protection Engineer had no objection following
discussions with the applicant. The applicant’s agent had stated that there were
ongoing negotiations with Shell regarding concerns raised by the Company.
The Development Control Manager reported in detail the contents of a letter which
had been received from the owners of Castaways Holiday Park raising a number of
concerns. He addressed each of the concerns raised.
The Development Control Manager requested delegated authority to approve this
application subject to an amended Flood Risk Assessment and response from the
Environment Agency and subject to the imposition of conditions to include noise
controls as specified by the Environmental Health Officer in respect of construction
and operational stages, lighting, highways, materials, landscaping, details of
temporary construction compound and its layout, a programme of archaeological
works and, subject to the agreement of Natural England, a condition regarding details
of the method of piling.
Councillor B Smith stated that his only concerns related to disturbance to trees and
replacement of those to be removed, whether the transplantation of bee orchids
would be successful, and disposal of waste from the site. He supported the
application subject to minimal disturbance to residents and wildlife.
The Development Control Manager stated that the Landscape Officer was satisfied
that the trees to be removed were not of great quality or importance to the wider
landscape and had requested landscaping conditions. He had no information
regarding the bee orchids. Waste disposal was dealt with in the Environmental
Statement and would be covered by other legislation.
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20 May 2010
Councillor Mrs S A Arnold referred to the requirement to replace trees imposed in
respect of the development of former RAF Coltishall. She considered that any trees
lost should be replaced. She referred to coastal erosion and asked what measures
were being taken to protect the site.
The Development Control Manager explained that the issues regarding trees differed
from those at the former RAF Coltishall as the trees on the application site were not
subject to a Tree Preservation Order.
In answer to a question by the Chairman, Mr Dacombe stated that it was assumed
that as Bacton was a site of national significance the Government would require long
term protection. Whilst Bacton did not have rock armour defences as was the case
with other terminals, the existing revetment was effective.
It was proposed by Councillor S J Partridge, duly seconded and
RESOLVED by 12 votes to 1
That the Head of Planning and Building Control be authorised to
approve this application subject to an amended Flood Risk Assessment
and response from the Environment Agency and subject to the
imposition of conditions to include noise controls as specified by the
Environmental Health Officer in respect of construction and operational
stages, lighting, highways, materials, landscaping, details of temporary
construction compound and its layout, a programme of archaeological
works and, subject to agreement by Natural England, details of the
method of piling.
(105) RYBURGH - PF/10/0123 - Change of Use from Residential to a Mixed Use of
Residential and Children's Nursery; The Old School, Station Road, Great
Ryburgh for Mr Kirby
The Committee considered item 8 of the officers’ reports.
Public Speakers
Natasha Pickwell (objecting)
Trevor Kirby (supporting)
The Senior Planning Officer reported that an amended parking layout plan had been
received. The Parish Council now supported the application based on the revised
parking layout. A letter of objection had been received from a neighbour in respect of
amenity issues.
Councillor Mrs A R Green, the local Member, noted that the Parish Council no longer
objected. She stated that she had requested that the application come before the
Committee to allow the neighbour to put her views.
Councillor Mrs L Walker sympathised with the neighbour’s concerns but she
considered that the proposal was a good use of a potentially redundant building. She
considered that there were no planning reasons to refuse this application. She
proposed approval of this application which was seconded by Councillor Mrs J Trett.
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20 May 2010
Councillor J A Wyatt asked if the parking restriction zone outside the former school
were to be removed. He considered that the opening times were excessive. The
Senior Planning Officer explained that it was the intention to remove the parking
restriction and use the area as the dropping off point. He stated that the opening
times were to allow flexibility to accommodate clients’ working hours.
Members raised a number of questions which were put to the applicant. In response,
the applicant confirmed that there would only be 10 to 12 children playing outside at
any one time. An outside playing facility was an Ofsted requirement. The nursery
would not be part of the Sure Start scheme. There was such a scheme at Stibbard
but this did not cater for babies, unlike the current proposal.
RESOLVED unanimously
That this application be approved in accordance with the
recommendation of the Head of Planning and Building Control with the
added restriction that no more than 40 children shall attend the nursery
at any one time.
(106) SCOTTOW - PF/10/0172 - Erection of 70 metre high wind monitoring mast; Land
at Coltishall Airfield for Partnership for Renewables
The Committee considered item 9 of the officers’ reports.
Councillor Mrs C M Wilkins stated that this application was not being considered in
conjunction with the masterplan for the entire site, contrary to the request by the
Committee at the last meeting. She stated that she had been assured when the
airfield was decommissioned that it would remain licensed. Therefore the airfield
was not unlicensed as claimed by the applicant and the Civil Aviation Authority’s
separation distances would apply.
Councillor Mrs Wilkins stated that the masterplan was due to be published
imminently. She proposed that consideration of this application be deferred to allow
this application to be considered in conjunction with the masterplan. This was
seconded by Councillor M J M Baker.
As an amendment it was proposed by Councillor S J Partridge, seconded by
Councillor B Cabbell Manners that this application be approved for a temporary
period of two years.
In answer to a question by Councillor Mrs S A Arnold regarding ground source heat
pumps as an alternative to wind energy, the Development Control Manager
explained that the Sustainability Co-ordinator considered that there was no
alternative to a wind turbine in this case. However, this application was not for a
wind turbine. If the site proved unsuitable the applicants would look elsewhere for a
site. He explained the Ministry of Justice’s obligations with regard to renewable
energy for HMP Bure under its planning permission. The applicants did not intend to
install the mast until June 2011 and would require it to be operational for one year.
The timescale would fall outside the two year period suggested by Councillor
Partridge. Therefore a three-year temporary period was recommended to cover this
period.
In view of this advice, Councillor Partridge, with the support of his seconder amended
his amendment to approve this application until the end of July 2012.
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20 May 2010
On being put to the vote, the amendment was declared carried with 9 Members
voting in favour and 4 against, and on being put as the substantive proposition it was
RESOLVED by 9 votes to 4
That this application be approved for a temporary period until the end of
July 2012.
(107) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee considered item 10 of the officers’ reports.
RESOLVED
That a site inspection be arranged in respect of the following application
and that the local Member and Chairman of the Parish Council be
invited to attend:
FAKENHAM - PO/10/0343 - Erection of Community healthcare facilities
including 48 bed care home, Gym/Healthclub, children's day nursery
and B1 (office accommodation) with pedestrian plaza, associated
landscaping and ancillary parking; Land adjacent Morrisons, Clipbush
Lane for Medcentres
FAKENHAM - PF/10/0344 - Erection of Medical Centre and pharmacy
with ancillary parking and new road access; Morrisons, Clipbush Lane
for Fakenham Medical Practice
HEMPTON - PF/10/0329 - Erection of 5 two-storey dwellings and flats;
Abbey Cottage, 19 Dereham Road for Flagship Housing Group
(108) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 8 of the officers’ reports.
(109) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 9 of the officers’ reports.
(110) NEW APPEALS
The Committee noted item 10 of the officers’ reports.
(111) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 11 of the officers’ reports.
(112) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 12 of the officers’ reports.
(113) APPEAL DECISIONS
The Committee noted item 13 of the officers’ reports.
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(114) 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.
(115) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 14 of the officers’ exempt reports updating the
situation previously reported concerning the schedule of outstanding enforcement
cases and unresolved complaints more than three months old as at 31 March 2010.
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, including case
reference 01/071/DEV6/09/002 (Mundesley), be removed from the first
Schedule.
The meeting closed at 1.05 pm.
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20 May 2010