21 OCTOBER 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 J A Wyatt (Chairman) H C Cordeaux P W High S C Mears J H Perry-Warnes J D Savory Mrs M Seward B Smith Mrs A C Sweeney Mrs J Trett Mrs L Walker P J Willcox R Combe - substitute for S J Partridge Mrs L M Brettle - Glaven Valley Ward Miss P E Ford - North Walsham East Ward Ms V R Gay - North Walsham West Ward Mrs G M D Lisher - Lancaster South Ward J Lisher - Lancaster South Ward Mrs B McGoun - St Benet Ward Mrs A M Moore - North Walsham North Ward P W Moore - North Walsham East Ward Mrs C M Wilkins - Worstead Ward Mrs H T Nelson - Cabinet Member for Conservation, Design and Landscape Mrs P Bevan Jones - Cabinet Member for Housing Officers Mr S Oxenham - Head of Planning and Building Control Mr A Mitchell - Development Manager Mr R Howe - Planning Legal Manager Mr M Ashwell - Planning Policy Manager Mr P Godwin - Conservation, Design and Landscape Manager Mr G Lyon - Team Leader (Enforcement and Special Cases) Miss J Medler - Senior Planning Officer (West) Mr P Took - Senior Planning Officer (East) Mr S Case - Landscape Officer Mr D Mortimer - Development Control Officer (NCC Highways) (95) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillor S J Partridge. There was one substitute Member in attendance as shown above. (96) APPOINTMENT OF VICE-CHAIRMAN FOR THE MEETING The Vice-Chairman, who was chairing the meeting in the absence of the Chairman, intended to vacate the Chair to speak on matters in his Ward. It was therefore necessary to appoint a Vice-Chairman to take the Chair during consideration of those matters. Development Control Committee 1 21 October 2010 It was proposed by Councillor Mrs J Trett, duly seconded and RESOLVED That Councillor H C Cordeaux be appointed Vice-Chairman for the meeting. (97) MINUTES The Minutes of a meeting of the Committee held on 23 September 2010 were approved as a correct record and signed by the Chairman. (98) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which he wished to bring before the Committee. (99) DECLARATIONS OF INTEREST Councillors Mrs L M Brettle, Ms V R Gay, P W Moore, B Smith and Mrs L Walker declared interests, the details of which are given under the minute of the item concerned. (100) DEVELOPMENT PLAN ADOPTION The Committee considered item 1 of the officers’ reports which advised the Committee of the recommended approach to the adoption of the Site Specific Proposals and Re-use of Rural Buildings as Dwellings Development Plans and to agree the process for determining planning applications which are ‘on hand’ in the period before and after formal plan adoption. It was proposed by Councillor H C Cordeaux, duly seconded and RESOLVED That rural building conversions to dwellings proposals which do not comply with proposed Policy H09 but comply with existing Policy 29, and which are submitted and registered prior to receipt of the Inspector’s report (second version following fact check), will be determined against the provisions of Policy 29, notwithstanding that a final determination of the application may occur following adoption of the revised policies. (101) BLAKENEY – Tree Preservation Order, Westrop, Saxlingham Road The Committee considered item 2 of the officers’ reports in respect of a Tree Preservation Order at the above site. Councillor Mrs L recommendation. M Brettle, the local Member, supported the officer’s It was proposed by Councillor Mrs L Walker, seconded by Councillor Mrs M Seward and Development Control Committee 2 21 October 2010 RESOLVED That North Norfolk District Council Tree Preservation Order (Blakeney) No.18 be confirmed. (102) BLAKENEY Tree Preservation Order 10 818, Pinewood, Saxlingham Road The Committee considered item 3 of the officers’ reports in respect of a Tree Preservation Order at the above site. Public Speaker Mr Cucksey (objecting) Councillor Mrs L M Brettle, the local Member, supported the officer’s recommendation. However, she suggested a site inspection in view of the concerns expressed by Mr Cucksey. Councillor R Combe stated that the Tree Preservation Order would not prevent development. He considered that there would be no problem provided the owner discussed management issues with the Landscape Officer. It was proposed by Councillor R Combe, seconded by Councillor Mrs L Walker and RESOLVED unanimously That North Norfolk District Council Tree Preservation Order (Blakeney) No. 21 be confirmed. (103) NORTH WALSHAM - Enq/10/0187 - The material change of use of former Anglian Water Sewage Works Councillor Mrs L Walker declared a personal interest in this matter as she was acquainted with the owner of the Company. Councillor P W Moore declared a personal interest in this matter as he was a resident of this part of North Walsham. Councillor B Smith declared a personal interest in this matter as he had met the present owner in 2007 when he had visited the site. The Committee considered item 4 of the officers’ reports appraising the Committee of the material change of use of the former Anglian Water Sewage Works, to H.G.V. operating centre in association with waste transport and the storage and distribution of portable toilets also the stationing of portable buildings for offices in association with the business. The Team Leader (Enforcement and Special Cases) advised that new and conflicting evidence had been received regarding the portable buildings on the site and requested delegated authority to seek removal of these buildings subject to further investigation as to the length of time they had been in situ. Councillor P W Moore, a local Member, emphasised the importance of this matter to residents in the area and along the route through which the HGVs passed. He referred to the planning history of the site and the comments of the appeal Inspector Development Control Committee 3 21 October 2010 regarding highway safety matters and proximity to schools and residential dwellings. He referred to the Company’s stated plans for relocation which had not been realised. He stated that he understood the reason for the officer recommendation of one year for compliance, given the number of jobs at stake and the valuable service provided by the Company. However, he considered that this should not be at the expense of local people’s safety and amenity and that six months would be a more appropriate timescale for compliance. Councillor Miss P E Ford, also a local Member, stated that she had little to add to Councillor Moore’s comments and requested a speedy resolution to this issue. Councillor B Smith supported the local Members’ views regarding highway safety. He stated that this was a well run and well organised site but the surrounding roads were too narrow for large vehicles. He referred to concerns raised by local schools regarding danger to schoolchildren and their parents. Councillor Mrs M Seward stated that she was a resident of North Walsham and did voluntary work at the schools. She stated that the schools were used outside normal school hours. She stated that life was intolerable for local residents. She requested that the Committee balance the concerns regarding jobs against concerns regarding safety of young and elderly people in the area. Councillor Mrs L Walker proposed the service of a Stop Notice and Enforcement Notice, which was seconded by Councillor J H Perry-Warnes. The Development Manager advised the Committee that he did not recommend a Stop Notice in this case and explained his reasoning. Councillor Moore confirmed that he was not requesting a Stop Notice. The Development Manager advised the Committee that he considered that six months, as suggested by Councillor Moore, was a tight timescale for compliance in this case. He suggested that nine months would be an acceptable compromise. He requested delegated authority to seek removal of the existing portable buildings. Councillor Mrs L Walker withdrew her proposal with the agreement of her seconder. It was proposed by Councillor P J Willcox, seconded by Councillor H C Cordeaux and RESOLVED unanimously 1) That the Head of Planning and Building Control be authorised to serve an Enforcement Notice under section 172 of the Town and Country Planning Act 1990, as amended, requiring the mixed use of the site as an HGV operating centre and the B8 use for the storage and distribution of portable toilets to cease and the large waste tanks stored on the site be removed within 9 months of the effective date of the Notice. 2) That the Head of Planning and Building Control be authorised to serve an Enforcement Notice under section 172 of the Town and Country Planning Act 1990, as amended, requiring the one two storey block of portable buildings to be removed from site within 9 months of the effective date of the Notice. Development Control Committee 4 21 October 2010 Reason for the Notice:The unauthorised development is contrary to adopted Core Strategy Policy CT5: The Transport Impact of New Development as the site is incapable of providing safe access to the highway network due to the access being onto a narrow country lane which is a single carriageway, with few passing places and no pedestrian footpath. The surrounding highway network is so unsuitable that any increased usage by vehicles would unacceptably exacerbate the risk of danger to highway users, particularly pedestrians. Furthermore the development is contrary to adopted Core Strategy Policy SS2: Development in the Countryside, since the HGV operating centre and the storage and distribution of portable toilets do not require a rural location and do not fall within development permitted in the Countryside policy area. 3) That the Head of Planning and Building Control explore further the possibility of removal of the remaining portable buildings from the site. (104) SHERINGHAM : Land to the rear of 20 Hooks Hill Road The Committee considered item 5 of the officers’ report concerning the alterations to the ground level on land to the rear of 20 Hooks Hill Road Sheringham. The Team Leader (Enforcement and Special Cases) referred to a letter sent to Members from the Solicitors acting for the neighbouring property owner and reported that they considered that the recommended action would not repair the injury to their clients’ amenity. The developer had declined to submit a planning application and had stated that he would challenge an Enforcement Notice. Councillor Mrs H T Nelson, a local Member, supported the officer’s recommendation. She considered that landscaping would also be beneficial. It was proposed by Councillor Mrs M Seward, duly seconded and RESOLVED That the Head of Planning and Building Control be authorised to serve an Enforcement Notice under section 172 of the Town and Country Planning Act as amended requiring: 1) within one month of the effective date of the notice the block work wall to be rendered 2) within 2 months of the effective date the one metre fence along the northwest boundary of plot 1 shall be replaced with a 1.8 metre fence 3) A landscaping scheme which includes a hedge along the north west boundary of Plot 2 to be planted within the first available planting season following the effective date of the Notice 4) The hedge along the northwest boundary of plot 2 shall be allowed to grow to a height of 1.8 metres and shall thereafter be retained at the minimum height of 1.8 metres from ground level to the reasonable satisfaction of the Local Planning Authority. 5) No tree, shrub or hedgerow which is indicated on the landscaping scheme shall be uprooted, felled or in any way destroyed. Should the hedgerow, tree or shrub die or in the opinion of the Local Development Control Committee 5 21 October 2010 Planning Authority become seriously damaged or defective within ten years of the effective date of the Notice then another tree, shrub, or hedge shall be planted in its place in accordance with details which shall be submitted to and approved in writing by the Local Planning Authority. Reasons The remodelling of the land represents development for which planning permission is required. Policy EN4: Design requires development not to have a significantly detrimental effect on the residential amenities of nearby occupiers and respect the character and landscape of the surrounding area. The imposition of the above conditions will alleviate the injury to residential amenity and the additional landscaping will reflect the character and landscape of the immediate area. (105) HUNWORTH - 20090415 EF - Application for Certificate of Lawfulness of Existing Use as separate unit of holiday accommodation; 1 Green Farm Barn, The Green All Members had received correspondence in this matter. The Committee considered item 6 of the officers’ reports in respect of an application for a Certificate of Lawfulness. Public Speaker Mr Suffling (objecting) The Planning Legal Manager explained the legal background to this case. He stated that the test to be applied in this case was the civil law balance of probabilities test and not the stricter test of beyond reasonable doubt which was applicable to criminal cases. He stated that issues regarding parking on The Green could not be addressed by the Local Planning Authority. The Planning Legal Manager reported the contents of a letter received yesterday from a local resident which challenged the evidence provided by the applicant and stating that the applicant could not prove 10 years continuous use as a holiday let. The Planning Legal Manager stated that there was a longstanding dispute between the applicant and others into which the Council had been drawn. Some of the issues had little or no relevance to the application. The Enforcement Officer had received a number of telephone calls from local residents but had not stated that a Lawful Development Certificate could not be granted. The Parish Council had disputed the number of weeks per year in which the property had been used for holiday lets. Business rates had not been paid since April 2005 but the reasons for this had been explained by the applicant. However, this was not germane to the application. Whilst there was evidence on both sides of the argument, officers considered that the applicant’s case had been made on the balance of probabilities. The Planning Legal Manager requested delegated authority to grant a Certificate of Lawfulness subject to seeking the applicant’s views on the recently received letter. Councillor Mrs L M Brettle, the local Member, stated that it was difficult for her to comment as she had not seen the letter referred to by the Planning Legal Manager. Development Control Committee 6 21 October 2010 In response to a question by Councillor J H Perry-Warnes, the Planning Legal Manager confirmed that Mr Suffling had not raised any issues that would change his recommendation. It was proposed by Councillor Mrs L Walker, seconded by Councillor Mrs J Trett and RESOLVED by 9 votes to 2 That the Head of Planning and Building Control be authorised to grant a Certificate of Lawfulness subject to seeking the applicant’s written response to the letter referred to by the Planning Legal Manager. (106) WELLS-NEXT-THE-SEA - PF/10/0784 - Erection of 2no. two-storey dwellings and four apartments; Partners, Northfield Lane for Novus Construction (Norfolk) Ltd The Committee considered item 7 of the officers’ reports giving an assessment of possible reasons for refusal advanced at the previous meeting. Public Speakers Mr Ellison (Wells Town Council) Miss Case (objecting) The Senior Planning Officer reported that a letter had been received from a neighbour in respect of overlooking and loss of privacy. Correspondence had also been received in respect of highway issues. A letter had been received from English Heritage reiterating its objection to this proposal. She reported the contents of a letter which had been received from the applicant’s agent stating that his client was open to helpful suggestions to improve the scheme and pointing out that there were no objections in policy terms nor for highway, Conservation Area, density or neighbour impact reasons. Councillor J D Savory, a local Member, stated that he had met one of the neighbours and had received numerous telephone calls from other neighbours in respect of this application. He considered that the proposal was inappropriate in terms of design and lack of local distinctiveness. He considered that this proposal was overdevelopment of the site and would have an overbearing impact on properties to the north and west. In addition he considered that the proposal would be detrimental to highway safety and the wider Conservation Area. Councillor Mrs J Trett, also a local Member, disagreed with the views expressed by Councillor Savory. She stated that there were no planning grounds on which to refuse this application. However, she considered that the roof materials could be amended. In answer to a question the Development Control Officer (NCC Highways) confirmed that the Highway Authority had no objection and the access construction met its requirements. Councillor J D Savory suggested lowering the overall height of the building to reduce the overbearing impact on the neighbours. The Development Manager recommended the removal of permitted development rights for rooms in the roof. Development Control Committee 7 21 October 2010 It was proposed by Councillor Mrs M Seward, duly seconded and RESOLVED by 8 votes to 3 with 1 abstention That the Head of Planning and Building Control be authorised to approve this application subject to further negotiations in respect of materials and subject to the imposition of appropriate conditions to include removal of permitted development rights for rooms in the roof. 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. (107) BLAKENEY - PF/10/0447 - Erection of Storage Barn; Highfield House, 5 Wiveton Road for Mr Langley The Committee considered item 8 of the officers’ reports. Public Speaker Mr Allison (supporting) The Senior Planning Officer reported discussions that had taken place since the application was last considered and that amended plans had been received in respect of amended siting and landscaping. She reported the further comments of the Conservation, Design and Landscape Manager (Landscape) in respect of the amended plans. She recommended approval of this application, as amended, subject to the imposition of appropriate conditions, to include agreement on material details, landscaping, highways, restriction on the uses of the building to those proposed, and the use of the land to remain as agricultural/paddock and not part of the domestic curtilage. Councillor Mrs L M Brettle, the local Member, stated that, whilst she regretted the intrusion into the open countryside, she considered that as much as possible had been done to alleviate the problem. She therefore supported the proposal. It was proposed by Councillor S C Mears, seconded by Councillor H C Cordeaux and Development Control Committee 8 21 October 2010 RESOLVED unanimously That this application, as amended, be approved subject to the imposition of appropriate conditions, to include agreement on material details, landscaping, highways, restriction on the uses of the building to those proposed, and the use of the land to remain as agricultural/paddock and not part of the domestic curtilage. (108) BRISTON - PF/10/0566 - Siting of mobile home for agricultural worker; Land at Brambles Farm, Thurning Road for Mr M Holden Councillor J A Wyatt vacated the Chair to allow him to speak from the floor as local Member. Councillor H C Cordeaux (Vice-Chairman for the meeting) in the Chair. The Committee considered item 9 of the officers’ reports. Public Speaker Mr Watts (supporting) Councillor J A Wyatt, the local Member, spoke in support of this application and referred to the need for security. He considered that the business was likely to become viable in terms of the policy tests and proposed that this application be approved for a temporary period of two years. This was seconded by Councillor J H Perry-Warnes. Councillor J H Perry-Warnes stated that the applicant had spoken to him. He stated that the nature of the business was not large-scale pig production. Councillor Mrs L Walker proposed the officer’s recommendation for refusal of this application. Councillor B Smith supported the views of the local Member. He referred to the need to support local businesses. In response to comments by Mr Watts, the Development Manager stated that an independent report had been sought as Officers had concerns regarding the submitted information. He advised the Committee to take account of the need to meet the financial and functional tests and stated that security was not a reason to approve this application. He advised that if the Committee were minded to approve this application it should be personal to the applicant, which would allow the matter to be reviewed at the end of the temporary period. Councillor S C Mears asked if a condition could be imposed in respect of the number of livestock. The Development Manager stated that it would be difficult to impose a limit on stock numbers. RESOLVED unanimously That this application be approved for a temporary period of two years, personal to the applicant, subject to the imposition of appropriate conditions. Reason: The Committee recognises the need for the full-time care of the livestock and to allow the applicant the opportunity to develop his business over the two year temporary period. Development Control Committee 9 21 October 2010 (109) BRISTON - PF/10/0813 - Erection of one-and-a-half-storey dwelling and garage; Land at 38 Church Street, Briston, NR24 2LE for Mr B Thompson and Ms M Colley Councillor J A Wyatt vacated the Chair to allow him to speak from the floor as local Member. Councillor H C Cordeaux (Vice-Chairman for the meeting) in the Chair. The Committee considered item 10 of the officers’ reports. Public Speaker Mr Eggleton (Briston Parish Council) Councillor J A Wyatt, the local Member, expressed concern in respect of overlooking of dwellings in Hewitts Close and highway safety issues. He requested a condition to prevent access onto Gloucester Place. The Development Manager explained that there would be no direct overlooking towards Hewitts Close as there were no windows proposed in the elevation facing Hewitts Close. It was proposed by Councillor R Combe, seconded by Councillor B Smith and RESOLVED by 7 votes to 4 with 1 abstention That the Head of Planning and Building Control be authorised to approve this application subject to further consultation with the Fire Officer in respect of a sprinkler system and to the imposition of appropriate conditions. (110) FAKENHAM - PO/10/0898 - Erection of two detached one and a half storey dwellings; Lavengro, Heath Lane for Mr Gilchrist The Committee considered item 11 of the officers’ reports. Public Speakers Mrs Chappell (Fakenham Town Council) Mr Bradley (objecting) Councillor Mrs G M D Lisher, a local Member, expressed concerns regarding highway and pedestrian safety and blocking of the road by delivery vehicles. Councillor J Lisher, also a local Member, stated that Heath Lane was a narrow, unadopted road. He considered that this road was unsuitable for anything other than 4-wheel drive vehicles and pedestrians. He was concerned at damage to the footway by HGVs, narrowness of the access and lack of parking provision. He referred to the vehicle movements associated with the care home opposite the site. He urged refusal of this application. Councillor S C Mears stated that many residential roads were narrow, and he considered that two additional dwellings would make little difference to the use of the lane by HGVs. He considered that parking on the pavement by existing residents was a problem. Development Control Committee 10 21 October 2010 It was proposed by Councillor P W High, seconded by Councillor B Smith and RESOLVED by 8 votes to 2 with 2 abstentions That this application be refused on grounds relating to the unsuitability of the access to cater for the development by reason of its construction and width and detriment to highway safety. (111) ITTERINGHAM - PF/10/1131 - Variation of condition 3 of planning reference: 03/0368 to permit retail use of the studio for three days a week; Fair Meadow House, Wolterton Road for Ms Green The Committee considered item 12 of the officers’ reports. Public Speaker Ms Green (supporting) The Senior Planning Officer reported that the Highway Authority had no objection to this application following the submission of further information. Environmental Health had no further comments. Itteringham Parish Council had no objection but had requested a temporary permission and the imposition of a number of conditions regarding access, signage and operation of the business. Twelve letters of objection had been received in respect of parking issues, possible damage to listed walls, unsustainable location, loss of privacy, noise and disturbance and Human Rights issues. A letter had been received from the occupier of Broomhill Cottage suggesting a number of conditions. The applicant had clarified how access to the premises would be controlled and proposed to erect a sign on the pedestrian access to deter visitors from using the private driveway and adjacent to the carriageway to request drivers not to block the driveway. She had offered to place a rope across the driveway if problems arose. The Senior Planning Officer requested delegated authority to approve this application subject to no new grounds of objection being received following expiry of the press notice and subject to the imposition of appropriate conditions. It was proposed by Councillor J H Perry-Warnes, seconded by Councillor Mrs L Walker and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to no new grounds of objection being received following expiry of the press notice and subject to the imposition of appropriate conditions. (112) LETHERINGSETT WITH GLANDFORD - PF/10/0084 - Conversion of all buildings on the site to form 8 number two and three bedroom dwellings (excluding the malt kilns which are to be secured as a permanent bat roost) including associated hard and soft landscaping; Letheringsett Maltings, Holt Road for Gainsborough Construction Councillor Mrs L M Brettle declared a personal interest in this application as she knew the applicant and was an immediate neighbour to the site. Development Control Committee 11 21 October 2010 The Committee considered item 13 of the officers’ reports. Public Speaker Mr Fynn (supporting) The Development Manager reported that the CPRE supported this application. The Conservation, Design and Landscape Manager stated that he had taken a pragmatic view of this proposal as the benefits of finding a use for the building outweighed his concerns. There were also benefits in terms of contribution to the wider Conservation Area. The loss of the internal horizontal space was a consideration. He referred to PPS5, and in particular its reference to substantial harm. However, he considered that in this case it was necessary to accept some harm for the greater good. Councillor Mrs L M Brettle, the local Member, stated that the Parish Council supported this application and that there was strong local support for the proposals. Councillor Mrs H T Nelson, Heritage Champion, referred to the condition of the building and supported this application. It was proposed by Councillor R Combe, seconded by Councillor H C Cordeaux and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application, subject to reference to the Environment Agency in view of its objection, and subject to the imposition of appropriate conditions. (113) MELTON CONSTABLE - PF/10/0738 - Erection of general purpose agricultural building; Land off Melton Road for G W Harrold & Partners The Committee considered item 14 of the officers’ reports. The Development Manager reported that further comments were awaited from the Parish Council and the Conservation, Design and Landscape Manager (Landscape). Councillor R Combe, the local Member, reported that the Parish Council had agreed to withdraw its objection. It was proposed by Councillor R Combe, seconded by Councillor P W High and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to no new grounds of objection from the Parish Council or the Conservation, Design and Landscape Manager (Landscape) and subject to the imposition of appropriate conditions. Development Control Committee 12 21 October 2010 (114) NORTH WALSHAM - HZ/09/0996 - Hazardous Substances Consent for Storage of Gasoline and Naphthas; Station Yard, Norwich Road for British Pipeline Agency Limited Councillor Ms V R Gay declared a personal interest in this application as she understood that her home was within the evacuation area of the site. The Committee considered item 15 of the officers’ reports. Public Speaker Mr Price (supporting) Councillor Miss P E Ford referred to local concerns regarding safety and the Council’s reluctance to grant planning permission in the area surrounding the site. She stated that the site had been improved in recent years in response to the strengthening of HSE requirements. She reminded the Members of their duty of care towards people in the area. She requested assurance that all necessary measures would be implemented. She referred to the recent fire at Bacton Gas Terminal. Councillor Mrs M Seward, a local Member, also requested reassurance for residents of North Walsham and the surrounding area. She stated that if this application were approved Members should take ownership and responsibility for the decision. She requested information regarding the next stage of improvements to the site and the timescale for implementation. The Senior Planning Officer stated that the plan of implementation was an ongoing process and would be agreed with the HSE. Some of the mitigation works may require planning permission, for example, raising of the bunding walls. No work would be started unless the HSE was satisfied. Councillor Mrs Seward requested that local Members were kept informed of activities on the site. Councillor Ms V R Gay, a local Member, reminded the Committee of the issues in this case. She stated that she was inclined to support the recommendation but was mindful of the comments in the report that the works proposed by the applicant would in due course satisfy the HSE. She requested the Committee to seek a further report to ensure that Members were kept appraised of the situation. It was proposed by Councillor Mrs M Seward, duly seconded and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application, subject to the imposition of appropriate conditions and to receipt of confirmation from the Health and Safety Executive that the works proposed by the applicant, if implemented, would enable it to withdraw its objection, and that local Members be kept informed of activities taking place on the site. Development Control Committee 13 21 October 2010 (115) NORTH WALSHAM - PF/10/0817 - Erection of 40-Bed Care Home; Manor House, Skeyton Road for The Manor House (North Walsham Wood) Limited The Committee considered item 16 of the officers’ reports Public Speaker Mr Newbold (supporting) The Senior Planning Officer reported that revised plans had been received in respect of additional parking and passing bays. The Landscape Officer was satisfied that no trees of any importance would be affected. Clarification had been received in respect of room size. Whilst room size and type of accommodation was an issue for Social Services legislation, confirmation had been sought that the rooms would meet the required standard. It had been confirmed that room size was 20% above the required standard. The Senior Planning Officer recommended approval of this application subject to the imposition of appropriate conditions. Councillor Ms V R Gay, a local Member, referred to the concerns of the Town Council. She also had concerns with regard to size of rooms, design of the building, the limited number of bathrooms and issues raised by Norfolk County Council. She requested that consideration be given to possible noise pollution from air conditioning units. She stated that Councillor Mrs M Seward, who had left the meeting, had concerns regarding the design of the building. Councillor Miss P E Ford stated that Councillor Mrs Seward was also concerned with regard to room space, which was a concern she shared. She was also concerned about noise pollution and referred to a similar home in North Walsham where there were noise issues. She stated that she had a smallholding adjacent to the proposed building. She requested a condition in respect of noise insulation so that it did not infringe the Human Rights of people in the surrounding countryside. Councillor J H Perry-Warnes considered that this application should not be approved until Norfolk County Council Community Services was satisfied that its requirements were met. He considered that this application should be refused. The Development Manager explained that the Local Planning Authority was primarily concerned with land use matters. The issues raised by Norfolk County Council in terms of internal layout and the future control of the facility were issues for that Authority. He stated that en-suite facilities were being provided. Noise issues in respect of air conditioning could be dealt with by condition. At the request of the Chairman, Mr Newbold explained the facilities that would be provided and stated that the proposed home would exceed the standards required by the Quality Care Commission. It was proposed by Councillor R Combe, seconded by Councillor P W High and RESOLVED by 6 votes to 3 That this application be approved subject to the imposition of appropriate conditions including in respect of any air conditioning or ventilation to control noise. Development Control Committee 14 21 October 2010 (116) SHERINGHAM - PF/10/0291 - Erection of one and a half-storey extension to provide two additional flats; 7 Holt Road for Messrs P and T Jenkins The Committee considered item 17 of the officers’ reports. Public Speaker Mr McGinn (Sheringham Town Council) Councillor Mrs H T Nelson, a local Member, stated that she shared the Town Council’s reservations. She stated that there was a large development taking place to the west of Sheringham, which would use this road to access the town. Congestion on Holway Road would be exacerbated by the Tesco development. Councillor H C Cordeaux considered that vehicles would park on the road. considered that the site would be overcrowded. He Councillor Mrs L Walker proposed refusal on grounds of overdevelopment. Councillor P W High seconded the proposal and suggested further grounds relating to the narrowness of the access and on-street parking. The Head of Planning and Building Control stated that adequate parking was provided for the current proposal. This application could not be used to control a historic situation. He considered that overdevelopment would be difficult to justify. He advised the Committee to visit the site. Councillor Mrs L Walker withdrew her proposal. It was proposed by Councillor H C Cordeaux, seconded by Councillor P J Willcox and RESOLVED That consideration of this application be deferred to allow an inspection of the site by the Committee and that the local Member and Town Mayor be invited to attend. (117) SUFFIELD - PF/10/0618 - Restoration and upgrading of building, erection of replacement workshop and engineering unit and removal of temporary containers; Blacksmith Shop, The Street for North Norfolk Accident Repair Centre The Committee considered item 18 of the officers’ reports. Public Speaker Mr Anderson-Dungar (supporting) The Senior Planning Officer reported that the applicant’s agent had requested that consideration be deferred to address alleged inaccuracies in the report. There had been no indication as to what those inaccuracies were. He suggested that Members could benefit from visiting the site. However, he recommended refusal as set out in the report. Development Control Committee 15 21 October 2010 Councillor Mrs C M Wilkins, the local Member, supported the recommendation for refusal. She stated that she had not called in the application as she had been satisfied with the recommendation. She considered that the business would be more appropriately located on an industrial site. She considered that employment issues did not outweigh planning policy in this case. She expressed concerns regarding residential amenity and highway safety. She requested that action be taken to remove the three containers which did not have the benefit of planning permission. She requested a site visit if the Committee were minded to approve this application. Councillor P J Willcox stated that he had brought this application to Committee. He considered that local businesses should be supported. He stated that this was an established commercial business, with limited opportunity to expand, and the proposal would tidy the site. He stated that five neighbours closest to the site supported this application. The Development Manager suggested that the Highway Authority be invited to attend a site inspection, which would also give the agent the opportunity to discuss any inaccuracies in the report. Councillor Mrs Wilkins requested information on the exact nature of the business to be carried out. It was proposed by Councillor P J Willcox, seconded by Councillor H C Cordeaux and RESOLVED unanimously That consideration of this application be deferred to allow an inspection of the site by the Committee and that the local Member, Chairman of the Parish Council and a representative of the Highway Authority be invited to attend. (118) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 19 of the officers’ reports. (119) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 20 of the officers’ reports. (120) NEW APPEALS The Committee noted item 21 of the officers’ reports. (121) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 22 of the officers’ reports. (122) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 23 of the officers’ reports. (123) APPEAL DECISIONS The Committee noted item 24 of the officers’ reports. Development Control Committee 16 21 October 2010 (124) 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. (125) WEYBOURNE – PF/09/1270 – Installation of buried electrical cable system in connection with off-shore wind farm; Land from Weybourne to Great Ryburgh for Dudgeon Offshore Wind Ltd The Committee considered item 25 of the officers’ exempt reports relating to legal advice in connection with an application which will be the subject of a report to a future meeting of the Committee. RESOLVED That the report be noted. The meeting closed at 2.35 pm. Development Control Committee 17 21 October 2010