23 JUNE 2011 Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors Mrs S A Arnold (Chairman) B Cabbell Manners (Vice-Chairman) M J M Baker Mrs L M Brettle Mrs A R Green Mrs P Grove-Jones P W High S J Partridge J H Perry-Warnes R Reynolds B Smith Mrs A C Sweeney E Seward - substitute for Councillor J A Wyatt Officers Mr A Mitchell - Development Manager Mr R Howe - Planning Legal Manager Mr P Godwin - Conservation, Design and Landscape Manager Mr G Lyon - Team Leader (Enforcement and Special Cases) Mr G Linder - Senior Planning Officer (26) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors R Shepherd and J A Wyatt. There was one substitute Member in attendance as shown above. (27) MINUTES The Minutes of a meeting of the Development Control Committee held on 26 May 2011 were approved as a correct record and signed by the Chairman, subject to the following amendment, which had been agreed by the local Member: Minute (10): the decision should refer to the north-east elevation, not the south-west elevation. (28) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which she wished to bring before the Committee. (29) DECLARATIONS OF INTEREST Councillors M J M Baker, P Grove-Jones, R Reynolds, E Seward and P Terrington declared interests, the details of which are given under the minute of the item concerned. 1 (30) 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. RESOLVED 1. That the following nine Councillors from the Development Committee, one of whom will be elected Chairman, should form the Graham Allen Award Judging Panel: Mrs S Arnold, Mr M J M Baker, Mrs A Green, Mr P W High, Mr S Partridge, Mr J H Perry-Warnes, Mr R Reynolds, Mr B Smith and Mrs A C Sweeney. 2. That the date for judging entries be 28 July 2011 and that the date for the presentation, 13 October 2011, be noted pending final confirmation. (31) PLANNING PERFORMANCE UPDATE The Committee considered item 2 of the Officers’ reports in respect of the quarterly report covering that part of the Planning Service which deals with applications and appeals for the period from January to March 2011. It included outturn figures for the financial year 2010/11 and the turnround of planning applications, workload and appeal outcomes. RESOLVED To note the report. (32) PF/09/1270 – Installation of Buried Electrical Cable System in Connection with Off-shore Wind Farm – Land at Weybourne to Great Ryburgh The Committee considered item 3 of the Officers’ reports which recommended that the Committee carry out a site visit on 14 July 2011, prior to meeting to give further consideration to the application submitted seeking permission for the proposed buried cable route in connection with the Dudgeon Off Shore Wind Farm. RESOLVED That the Committee undertakes the above site visit on 14 July 2011, prior to reconsideration of the application at a special meeting of the Committee, at a time and date to be confirmed. PLANNING APPLICATIONS Where appropriate the Planning Officers expanded on the planning applications; updated the meeting on outstanding consultations, letters/petitions received objecting to, or supporting the proposals; referred to any views of local Members and answered Members’ questions. Background papers, including correspondence, petitions, consultation documents, letters of objection and those in support of planning applications were available for inspection at the meeting. 2 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. (33) CLEY NEXT THE SEA - PF/09/0561 - Retention of Three Timber Storage Sheds and LPG Storage Tank; Cley Windmill, The Quay for Dr Godlee The Committee considered item 4 of the Officers’ reports. The Senior Planning Officer reported that the Parish Council originally raised no objection but had changed their view and now raised concerns regarding pedestrian/vehicular conflict. To date no new grounds of objection had been received from residents in respect of the amended plans and no objection from the Conservation, Design and Landscape Manager in respect of the proposed boundary treatments and the amended scheme. Councillor D Young, the local Member, stated that he had no objection to the sheds and approved the partial burial of the tanks, and screening. After some discussion, Members were assured that yew was suitable for screening purposes. Councillor M J M Baker proposed that the application should be approved. He said that in the present economic climate undue difficulties should not be created for businesses. RESOLVED unanimously Delegated approval subject to no new grounds of objection and to the imposition of conditions, including restricting the use of the sheds to storage in association with the use of the mill complex only, erection of the boundary wall and planting of the boundary hedge within three months of the date of permission, planting the replacement tree within the next available planting season and any other conditions required by the Conservation, Design and Landscape Manager. (34) CLEY NEXT THE SEA - PF/10/0945 - Change of use from B1 (office) to a mixed use of A1 (retail)/A3 (cafe) on ground floor and B1 (office) on first floor; Cley Windmill, The Quay for Dr J Godlee The Committee considered item 5 of the Officers’ reports. Letters had been received from neighbours objecting on grounds of potential noise nuisance. Officers did not consider that noise would be a problem but proposed a two year temporary permission so that the situation could be monitored. The local Member, Councillor D Young, had no objection to the application. However he had concerns about traffic flow and the opening times of the café and agreed with the temporary permission. Councillor M J M Baker reminded the Committee that this was a retrospective application for an activity that had been taking place for 2 years. The café was for the benefit of residents at Cley Windmill and people walking along the path. Other Members agreed that the facility was used mainly by marsh walkers and birders and 3 that the opening times should coincide with their needs. There was discussion about the need of imposing temporary permission. However, the Development Manager explained that if a permanent permission was granted now it would be attached to the building. He would want to discuss opening times with Environmental Health and the applicants. RESOLVED unanimously To approve subject to the imposition of appropriate conditions including agreeing the opening hours with the applicant and Environmental Health. (35) EDGEFIELD - PF/11/0280 - Erection of single-storey side extension and porch; Dollys Cottage, Holt Road for Mr Major The Committee considered item 6 of the Officers’ reports. Public Speaker Mrs Longe (Objecting) The plan had been amended following concerns by the Conservation, Design and Landscape Manager regarding the proportions of the porch. The Parish Council had objected on the grounds that the extension was too large. The extension would increase the floor area of the existing property by 70% but the Conservation, Design and Landscape Manager considered that it would not harm the character or appearance of the Conservation Area. The Conservation, Design and Landscape Manager was also satisfied with the amendments to the porch. The local Member, Councillor J H Perry-Warnes, told the Committee that he had no objection to the application but he was aware of the Parish Council’s concerns. It was proposed by Councillor B Cabbell Manners, seconded by Councillor P W High and RESOLVED by 11 votes to 1 Approve the amended plan subject to the imposition of appropriate conditions. (36) FAKENHAM - PF/11/0361 - Erection of one and a half storey dwelling; Briar Patch, 8 Sculthorpe Road for Mrs K Harris Councillor R Reynolds declared a prejudicial interest in this application as he had already expressed an opinion in writing prior to his election to the Council. He vacated the Council Chamber during consideration of this application. The Committee considered item 7 of the Officers’ reports. Public Speakers Mr Halliday (objecting) Mr Garner (supporting) 4 Consideration of this application had been deferred from the meeting of 26 May 2011 pending a site visit which had since taken place. Fakenham Town Council had objected on the grounds of overdevelopment and the design not being in keeping with other properties in the area although this part of Fakenham had a varied mix of development. Ten letters of objection had been received from local residents. The architect had sought to address previous concerns. The site was small but the development met the required criteria. The Highways Authority considered the relocation of the access was an improvement. The local Member, Councillor S Ward, told the Committee that although the architect had addressed previous concerns regarding the application, the site was overdeveloped and there were concerns regarding overlooking. Overdevelopment would have a detrimental effect on the surrounding area. Access could be an issue as it was near a mini roundabout. Councillors S Partridge and A Green commended the design but considered the site would be severely overdeveloped. The Development Manager, responding to a comment regarding the Highways Authority’s approval of the relocation of the access, explained that the existing access had limited visibility. He felt that if the Committee were minded to refuse, he felt that Members’ principal concerns were that the development was cramped and poorly related to and out of keeping with other development in the area. It was proposed by Councillor S Partridge, seconded by Councillor B Cabbell Manners and RESOLVED unanimously That this application be refused on the grounds of a cramped form of development out of keeping with the pattern of development in the area and conflict with Policy EN4 of the adopted Core Strategy. (37) NORTH WALSHAM – PF/11/0201 – Installation of Automated Teller Machine; 2 Church Street for Bankmachine Limited Councillor E Seward declared an interest as a Member of North Walsham Town Council and the Town Council Planning Committee. He was not a Member of the Planning Committee when the application was considered. The Committee considered item 8 of the Officers’ reports. Public Speakers Mr Robinson (objecting) The Town Council had objected and a letter of objection had been received from a resident of North Walsham. The main concern was the width of the pavement and the proximity to a busy junction. However the Highways Authority had not raised an objection. The North Norfolk Safer Communities Partnership had raised a number of issues referring to the Crime and Disorder Act 1998 – Section 17. The Conservation, Design and Landscape Manager did not consider that the ATM machine would have an adverse effect on the shop front. 5 A local Member, Councillor P W Moore, expressed concern regarding the lack of advertisement control. He was concerned about the width of the pavement and the proximity to the junction. The North Norfolk Safer Communities Partnership’s comments were comprehensive and should be taken into consideration. He urged Members to refuse the application. Councillor E Seward, a local Member, proposed that the application should be refused on Section 17 considerations and because the proposed ATM machine was out of keeping with a conservation area. If the viability of North Walsham was to be improved he considered that there should be more control over advertisement signs. The Conservation Design and Landscape Manager said he would take this message back to his team. Councillor Seward also pointed to the Section 17 objections and expressed concern over the Highways Authority’s judgement. He was seconded by Councillor B Smith who considered that the application should be refused on Section 17 considerations. Councillor B Cabbell Manners moved that the application should be approved. He was seconded by Councillor S Partridge. The Development Manager said that whilst the community safety issues needed to be taken into account some of them were for consideration by the applicant and were not planning matters. The Highways Authority was the expert on highway safety and their comments should be also be taken into account. A vote was taken on the proposal to refuse the application. It was lost by 8 votes to 4. A vote was taken on the proposal to approve the application. RESOLVED by 8 votes to 4 To approve. (38) NORTH WALSHAM - PO/11/0393 - Erection of single-storey dwelling with accommodation in roof space; Land adjacent 1 Queensway for Mr & Mrs Burton-Pye Councillor E Seward declared an interest as a Member of North Walsham Town Council and the Town Council Planning Committee. He was not a Member of the Planning Committee when the application was considered. The Committee considered item 9 of the Officers’ reports. There had been objections from North Walsham Town Council and from a neighbour. These were detailed in the officer’s report. Comments had been received from Councillor V Gay, a local Member. She considered that the window and window distance did not comply with the Design Guide and had concerns regarding overcrowding. She asked for the permitted development rights to be removed if the application was removed. Councillor E Seward proposed that the application be refused on grounds of overdevelopment and that it was out of keeping with the character of the surrounding area. He was seconded by Councillor B Cabbell Manners. 6 RESOLVED unanimously to refuse the application on the grounds that it comprised an overdevelopment of the site. It would be a cramped form of development out of keeping with the general character of the area and would conflict with Policy EN4 of the adopted Core Strategy. (39) STALHAM - PF/11/0374 - Increasing roof height and erection of single-storey and first floor rear extensions; Mile Stone, Ingham Road for Mr A Allanson Councillor P Grove-Jones declared an interest. She is a member of Stalham Town Council. The Committee considered item 10 of the Officers’ reports. Councillor P Grove-Jones, a local Member, said that the dwelling already had an extension. It was surrounded by fields with a high hedge that screened it on 3 sides. There had been an objection regarding overlooking but the adjacent property also had a dormer window. Viewed from the road the development would have limited impact and it was possible that a compromise could be reached regarding the roofing materials. She recommended approval and was seconded by Councillor E Seward. Officers, however, expressed concerns about the design although they would be willing to discuss it with the applicant and suggest better ways to achieve the extra accommodation required. Councillors S Partridge, A Green, M Baker, B Smith and J Perry-Warnes expressed support of the officers’ recommendations. The proposal to accept was withdrawn. It was proposed by Councillor S Partridge, seconded by Councillor P Grove-Jones and RESOLVED unanimously To refuse for the following reasons: The positioning of the dormer on the roof slope and its massing would materially increase the impact of the dwelling on the surrounding countryside contrary to the aims of policy HO8 of the Core Strategy. Furthermore the proposed dormer by virtue of its position on the roof slope at the ridge line, box form and width, would result in an extension which would be ill-proportioned and whose bulk, mass and scale would be inappropriate for its host building and context, contrary to the aims of policy EN4 of the Core Strategy. In addition, by virtue of its projection and shallow mono-pitch roof coupled with the use of inappropriate materials, the proposed single storey extension would be incongruous in relation to the host dwelling, contrary to policy EN4 of the Core Strategy. In addition, the proposed dormer would result in overlooking of the private patio garden area of the adjacent dwelling to the east which would be significantly detrimental to its occupiers’ amenities, contrary to policy EN4 of the Core Strategy. 7 (40) WELLS-NEXT-THE-SEA - PF/11/0456 - Erection of A1 (retail)/A3 (cafe) unit, three flats and one maisonette; Gifts Galore, The Quay for Mr C Isaac WELLS-NEXT-THE-SEA - LE/11/0458 - Demolition of remains of fire-damaged building; Gifts Galore, The Quay for Mr C Isaac WELLS-NEXT-THE-SEA - PF/11/0509 - Erection of 2 A1 retail units, 1 A1 retail unit with ancillary first floor office/store and 9 flats; Festival Amusements, The Quay for Novus Homes (Norfolk) Ltd WELLS-NEXT-THE-SEA - PF/11/0509 - Erection of 2 A1 retail units, 1 A1 retail unit with ancillary first floor office/store and 9 flats; Festival Amusements, The Quay for Novus Homes (Norfolk) Ltd WELLS-NEXT-THE-SEA - LA/11/0510 - Partial demolition and internal and external works of repair and reinstatement to facilitate redevelopment of the site; Festival Amusements, The Quay for Novus Homes (Norfolk) Ltd WELLS-NEXT-THE-SEA - LE/11/0513 - Demolition of fire damaged buildings; Festival Amusements, The Quay for Novus Homes (Norfolk) Ltd Councillor P Terrington declared an interest. He was a Member for Priory Ward but was speaking as a local resident. The Committee considered items 11 to 15 of the Officers’ reports together. The Development Manager explained the differences between the type of applications on each site. Public Speaker Mr Terrington (objecting) The applications had been the subject of a site visit in the previous week. The existing buildings had been damaged by fire in 2005. The Granary was the dominant building in the area adjacent to the site. Applications PF/11/0456 and LE/11/0458 were discussed: The Team Leader (Enforcement and Special Cases) presented the applications and indicated the height and scale of the proposal. He indicated that the principle of the development was acceptable. The key issue was how to get the best scheme possible. The Team Leader (Enforcement and Special Cases) advised that further comments had been received from the Environment Agency. In summary the Environment Agency wanted to be sure that the Emergency Planning Officer had all the necessary facts to make an informed decision regarding flood risk. The key issue was to ensure that the property would be safe in the event of a flood. The Emergency Planning Officer had considered the proposal and raised no objection subject to the imposition of conditions. The Team Leader (Enforcement and Special Cases) advised that there had been no highways safety objections. 8 The Team Leader (Enforcement and Special Cases) advised committee that The Conservation, Design and Landscape Manager had raised no objection to the scheme and that the applicant had made it clear that he wanted to provide a scheme which would be a credit to Wells-next-the-Sea. He also advised that there had been a suggestion from Norfolk Landscape Archaeology that the application be withdrawn pending a desk-based archaeology assessment. However officers did not recommend committee to request withdrawal. Officers advised that they considered there to be no impact on the Area of Outstanding Natural Beauty and the scheme complied with the Sustainability Policy. Councillor J D Savory, a local Member, said that it was an iconic site which had been an eyesore for too long. Any development should enhance the area. He considered this scheme was too high by one storey and wanted assurance that the ground floor would not be used for residential purposes. The Conservation, Design and Landscape Manager said that the site must be considered in context with the whole quayside and the prevailing character of the Conservation Area which was one of the most important sites in the District. He referred Members to his full comments on the application. Buildings in Wells had varied in height due to organic development. The Granary was the tallest building. Nothing should compete with the Granary but designers must be allowed some freedom of expression. With this form of infill development scale, form and mass were the key design criteria. The viability of the developments was vital and development management must take this into account. If the height was reduced it would severely affect the viability of the scheme. He said that whilst there was some concern regarding the use of timber in the design there was a need for some variance on the materials used in the facing elements. The Conservation, Design and Landscape Manager was satisfied that the height of both proposals was compatible with the general scene and townscape of Wells and the Quay. Councillor M J M Baker expressed concern that the street scene north elevation gave the impression of a straight roof line, out of keeping with ancient towns and settlements. The Committee had been asked to consider both developments separately but one would influence the other. Councillor Baker suggested that one development should be built according to the plan and the other lowered to provide variation. Councillor B Cabbell Manners said that he didn’t approve of the proposed weatherboarding and screeding. Councillor J Perry-Warnes supported this and suggested making a condition regarding the material on the fascia. He proposed approval of the scheme and was seconded by Councillor P W High. However, Members asked to discuss the second scheme before voting on the first. Having visited the site Members felt it was important to consider the proposals separately but alongside each other. Applications PF/11/0509, LA/11/510 and LE/11/0513 were discussed: The Team Leader (Enforcement and Special Cases) advised committee that one additional letter of objection had been received. He also advised the committee that the Emergency Planning Officer had raised no objection to the proposal subject to conditions. In respect of application LE/11/0510 the Team Leader (Enforcement and Special Cases) advised committee that the applicant was concerned that proposed conditions requiring a contract to be let before demolition commenced could slow the redevelopment of the site and alternative wording may need to be considered. 9 Councillor J Savory told the Committee that his comments were the same as for the other application. He considered the scheme to be too high and overbearing for Wells and asked Members to consider this. Councillor M J M Baker also expressed concern about the height but Councillor S Partridge did not consider it overbearing in comparison with the Granary. Councillor S Partridge felt that car parking provision was an issue for this development - the car parking spaces were very small and may not be practical to use. Councillor J H Perry-Warnes proposed acceptance of the scheme. He was seconded by Councillor P W High. Councillor B Cabbell Manners expressed concern about the screeding at the bottom of the building. The Conservation, Design and Landscape Manager said he was convinced that the height, scale and form of the development were compatible with the surroundings but that, if the scheme was approved, there should be a condition added about the materials. There was a discussion about the materials. Timber was suggested but concern was expressed that it would not be suitable. Members preferred the use of different types of brick. In respect of the two sites the Team Leader (Enforcement and Special Cases) advised that the Environment Agency would be advised of the Committee’s decision and invited to make any further comment in relation to flood risk. Separate decisions were taken on the applications: WELLS-NEXT-THE-SEA - PF/11/0456 - Erection of A1 (retail)/A3 (cafe) unit, three flats and one maisonette; Gifts Galore, The Quay for Mr C Isaac It was proposed by Councillor J Perry-Warnes, seconded by Councillor P W High and RESOLVED 11 to 1 Delegated approval subject to no further objection from the Environment Agency, replacement of timber on the front elevation with brickwork and agreement on the way forward in respect of the archaeological concerns raised by Norfolk Landscape Archaeology and subject to the imposition of appropriate conditions, including those relating to external materials. WELLS-NEXT-THE-SEA - LE/11/0458 - Demolition of remains of fire-damaged building; Gifts Galore, The Quay for Mr C Isaac It was proposed by Councillor J H Perry-Warnes, seconded by Councillor B Smith and RESOLVED by 11 votes with 1 abstention Approval subject to conditions including one requiring that demolition should not begin until a contract has been let for re-development works. 10 WELLS-NEXT-THE-SEA - PF/11/0509 - Erection of 2 A1 retail units, 1 A1 retail unit with ancillary first floor office/store and 9 flats; Festival Amusements, The Quay for Novus Homes (Norfolk) Ltd It was proposed by Councillor J Perry-Warnes, seconded by Councillor P W High and RESOLVED by 11 to 1 Delegated approval subject to final agreement of design details highlighted by the Conservation, Design and Landscape Manager, deletion of ground floor render and replacement with brickwork, no further objection from the Environment Agency, and agreement on the way forward in respect of the archaeological concerns raised by Norfolk Landscape Archaeology and subject to the imposition of appropriate conditions. WELLS-NEXT-THE-SEA - LA/11/0510 - Partial demolition and internal and external works of repair and reinstatement to facilitate redevelopment of the site; Festival Amusements, The Quay for Novus Homes (Norfolk) Ltd It was proposed by Councillor J H Perry-Warnes, seconded by Councillor B Smith and RESOLVED unanimously Approval subject to the imposition of conditions including archaeological recording of the demolition of the building and any relevant conditions as may be required by the Planning Archaeologist in relation to application PF/11/0509. WELLS-NEXT-THE-SEA - LE/11/0513 - Demolition of fire damaged buildings; Festival Amusements, The Quay for Novus Homes (Norfolk) Ltd It was proposed by Councillor J Perry-Warnes, seconded by Councillor P W High and RESOLVED by 11 votes with 1 abstention Approval subject to conditions including one requiring that demolition should not begin until an agreed timescale for demolition was in place. (41) REQUEST FOR COMMITTEE TO UNDERTAKE A SITE INSPECTION P & A PLANT SUPPLIES/UNIQUE BUILDING SUPPLIES, THE STREET, SUTTON Mr M J M Baker declared a prejudicial interest and withdrew from the meeting. The Committee considered item 16 of the Officers’ reports. Although Officers had recommended a site visit they recognised that local knowledge might provide more clarity on the situation. Mrs P Grove-Jones, a local Member said that there had been a number of complaints to the Parish Council regarding the number and size of lorries associated with the premises. Over the years the site had gradually decreased as a garden centre and increased in the sale of building materials. Councillor S Partridge and other Members concurred that building materials had been sold from the site for more than 10 years. Further information was required. 11 RESOLVED That an inspection of the site should be deferred pending further investigation. (42) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 17 of the Officers’ reports. (43) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 18 of the Officers’ reports. (44) NEW APPEALS The Committee noted item 19 of the Officers’ reports. (45) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 20 of the Officers’ reports. (46) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 21 of the Officers’ reports. (47) APPEAL DECISIONS The Committee noted item 22 of the Officers’ reports. The meeting closed at 13.05 pm. 12