24 OCTOBER 2013 Minutes of a meeting of the DEVELOPMENT COMMITTEE held at Sheringham Community Centre, Holway Road, Sheringham at 9.30 am when there were present: Councillors Councillor Mrs S A Arnold (Chairman) Councillor R Reynolds (Vice-Chairman) Mrs L M Brettle Mrs P Grove-Jones P W High Miss B Palmer J H Perry-Warnes R Shepherd B Smith Mrs A C Sweeney Mrs V Uprichard J A Wyatt Mrs A Claussen-Reynolds – substitute for Mrs A R Green Officers Mrs N Baker – Head of Planning Mr R Howe – Planning Legal Manager Mr G Lyon – Team Leader (Enforcement and Special Cases) Mr G Linder – Senior Planning Officer Mrs C Batchelar – Landscape Officer (109) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors M J M Baker and Mrs A R Green. There was one substitute Member in attendance. (110) MINUTES The Minutes of the meeting of the Committee held on 26 September 2013 were approved as a correct record and signed by the Chairman. (111) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which she wished to bring before the Committee. (112) DECLARATIONS OF INTEREST All Members declared an interest, the details of which are given under the minute of the item concerned. All Members had received correspondence on a number of issues. 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. Development Committee 1 24 October 2013 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. (113) BODHAM - PF/13/0960 - Installation of 3.6mw solar development; Land at Pond Farm for Genatec Limited Councillor J H Perry-Warnes declared a personal interest in this application as he knew the applicant, his father and other members of his family. The Committee considered item 1 of the Officers’ reports. Public Speakers Mrs B Powell (speaking as an objector and on behalf of Bodham Parish Council) Mr A Presslee (supporting) The Team Leader (Enforcement and Special Cases) displayed plans and photographs, including plans supplied by the applicant indicating zones of visibility. He referred to a question which had been raised at the site inspection regarding the type of trees to be planted and stated that tree planting mitigation could be dealt with by condition. A formal response had been received from the Highway Authority confirming it had no objection to the proposed routing of construction traffic, subject to conditions. The Team Leader (Enforcement and Special Cases) reported that the practice guidance to PPS22 referred to in the report had recently been superseded by Planning Practice Guidance for Low Carbon and Renewable Energy. This new guidance referred mainly to wind turbines, but it also contained some paragraphs relating to solar energy. However, it was considered that the guidance raised no additional issues not already covered within the report. In response to the Environment Agency’s suggestion that cut-off drainage may be required to address flood risk issues, the applicant had stated that as the land was sloping downwards there would be no flooding. The Environment Agency had accepted this view and had raised no objection. Further representations had been received, one of which had been forwarded to the Committee. Issues raised in the representations were similar to those summarised in the report. The Team Leader (Enforcement and Special Cases) stated that in his opinion there were no substantive grounds on which to refuse this application. He recommended approval subject to the imposition of appropriate conditions, including those relating to landscape mitigation, landscape management and biodiversity enhancement. The Chairman referred to concerns raised by the objecting spokesperson regarding noise from the West Beckham sub-station and asked Mr Presslee if it was possible to mitigate the problem. Development Committee 2 24 October 2013 Mr Presslee responded that he did not consider that mitigation was necessary and referred the question to the applicant. The applicant stated that the West Beckham sub-station was run by UK Power Networks and confirmed that there would be no expansion if this application were approved. He suggested that any further issues be referred to UK Power Networks. In response to a question by the Chairman, the Landscape Officer gave details of the planting scheme and explained that standard trees were included in the planting specification but these could include ‘heavy standard’ trees. Councillor J H Perry-Warnes, the local Member, considered that all the aspects of this application had been covered well by the Officer’s report and presentation. He considered that the planting which had been outlined by the Landscape Officer would mitigate to some extent the concerns raised by the objecting spokesperson. He supported the one-way system for construction traffic. He proposed approval of this application subject to the imposition of appropriate conditions. Councillor Mrs A C Sweeney stated that the report erroneously referred to West Beckham Parish Council in addition to East and West Beckham Parish Council. She referred to the High Court challenge in respect of the Planning Inspector’s decision to allow a wind turbine at the site and to a previously-approved solar farm at East Beckham, and expressed concern that the area around West Beckham was being overwhelmed by an industrial landscape. She stated that East and West Beckham Parish Council had not been told of the proposed loop system for traffic. She was concerned that Sheringham Road was a narrow road with residential development and there had been incidents on a number of occasions. She referred to the accident record at the crossroads with the A148 at Upper Sheringham and considered that it was not suitable for construction traffic. She was also concerned that agricultural land would be taken out of production. She requested that the site be landscaped. She proposed deferral of this application pending the outcome of the High Court challenge. The Team Leader (Enforcement and Special Cases) explained that the applicant had stated that the land was agricultural grade 3b and 4 and which Government guidance had indicated could be developed. Councillor R Shepherd considered that there were no planning grounds on which to refuse the application. He seconded Councillor Perry-Warnes’ proposal for approval of this application. Councillor R Reynolds requested a condition to require planting to take place immediately. Councillor Mrs P Grove-Jones asked if there was a technical reason for the concentration of such developments in a small area and whether it was likely that there would be more applications. The Team Leader (Enforcement and Special Cases) explained that the link point was the substation at West Beckham. The developments had to link to the grid system. However, UK Power Networks had advised that there were constraints on capacity across Norfolk and it would be for that company to determine whether improvements to grid capacity were possible. Councillor J H Perry-Warnes stated that he had spoken to the applicant and understood that serious consideration was being given to grazing sheep under the solar panels. He requested landscaping conditions. Development Committee 3 24 October 2013 Councillor P W High supported the application in principle, but expressed concern regarding the highway network. He seconded, as an amendment, Councillor Mrs Sweeney’s proposal to defer consideration of this application. In response to a comment by Councillor Mrs A C Sweeney, the Team Leader (Enforcement and Special Cases) stated that management and maintenance of the landscaping would be included as a condition. In response to the amendment to defer this application, the Team Leader (Enforcement and Special Cases) stated that the application had been assessed taking into account the cumulative impact of the proposed development and the wind turbine. Councillor P W High considered that it would be totally wrong to have both developments on the same site. The Planning Legal Manager advised the Committee with regard to the proposal to defer this application. He also advised that as the report had been written on the basis that the turbine development would go ahead, refusal on grounds of cumulative effect would not be supported by the Officers. The Team Leader (Enforcement and Special Cases) stated that if the application were deferred, the applicant could appeal on grounds of non-determination and suggested landscaping conditions might be lost if an Inspector was subsequently minded to approve the scheme. The amendment to defer this application until the outcome of the High Court challenge is known was put to the vote and declared lost with 3 Members voting in favour and 9 against. It was proposed by Councillor J H Perry-Warnes, seconded by Councillor R Shepherd and RESOLVED by 9 votes to 1 with 2 abstentions That this application be approved subject to the imposition of appropriate conditions, to include those relating to landscape mitigation, landscape management and biodiversity enhancement, with a requirement to commence planting immediately, the inclusion of mature trees and regular maintenance, and a one-way system for construction traffic. (114) CORPUSTY AND SAXTHORPE - PF/13/0783 - Variation of Conditions 2 & 3 of planning permission reference: 10/1030 to permit revised layout and appearance including retention of existing lean-to previously indicated as being demolished; The Barn, The Street, Saxthorpe for Mr M Mace The Committee considered item 2 of the Officers’ reports. Councillor J H Perry-Warnes, the local Member, considered that the overlooking issues had now been resolved. He proposed approval of this application which was seconded by Councillor Mrs S A Arnold. RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions including those listed in the report. Development Committee 4 24 October 2013 (115) NORTHREPPS - AI/13/1037 - Display of non-illuminated advertisement; 2 Old Station Yard, Norwich Road for Mr A Oxtoby All Members declared a personal interest in this application as the applicant’s wife was Chief Executive of the Council. The Committee considered item 3 of the Officers’ reports. It was proposed by Councillor J H Perry-Warnes, seconded by Councillor P W High and RESOLVED unanimously That this application be approved subject to the imposition of standard advertisement conditions. (116) SHERINGHAM - PF/13/0851 - Erection of single-storey rear extension to provide self-contained unit of holiday accommodation and installation of roof light; 8 Morris Street for Ms H Wheelen The Committee considered item 4 of the Officers’ reports. Public Speakers Mr P Burns (Sheringham Town Council) Mrs Comper (objecting) Mr M Coe (supporting) The Senior Planning Officer reported that the agent had confirmed that two flats in the existing house would be converted back to a single dwelling. The Senior Planning Officer read to the Committee the comments of Councillor B J Hannah, a local Member, who was unable to attend the meeting. Councillor Hannah was concerned at the lack of residential parking spaces and had asked for a condition that the occupiers of the self-contained unit be required to use the public car park. He also considered that there was inadequate access to the property. The Senior Planning Officer stated that there was no statutory minimum space for the existing dwelling. The Conservation, Design and Landscape Manager had raised no objection on grounds of impact on the Conservation Area. With regard to car parking, the site was within the Conservation Area where a reduction in the normal requirements was acceptable. Given the proximity of the site to the town and a public car park it was not considered that lack of parking was a sufficient ground on which to refuse the application. In response to a question by the Chairman in respect of the amount of garden which would remain following development, the Officers stated that it appeared from the plan that 12 metres of garden would remain. Councillor R Shepherd expressed concern as to how emergency vehicles would access the site as the rear access was very narrow and there would be no access through the main house. He was also concerned at the massing of the proposed development and lack of uniformity. He supported Councillor Hannah’s views regarding lack of parking. He proposed refusal of this application. Development Committee 5 24 October 2013 In response to a question by Councillor Mrs L M Brettle, the Senior Planning Officer stated that Building Control and the Fire Service had not been consulted. Councillor R Reynolds seconded Councillor Shepherd’s proposal to refuse this application. The Head of Planning advised the Committee to bear in mind that the proposal would not result in a net increase in the number of residential units and stated that refusal on grounds related to lack of parking would be difficult to justify. If the Committee were minded to refuse this application it should concentrate on amenity issues. Refusal on scale and massing grounds would also be difficult to justify as the increase was small in comparison with the existing development. If the Committee were minded to approve this application, she suggested that an additional condition be imposed to ensure that the holiday unit was not occupied prior to the conversion of the main house back to a single dwelling unit. The Planning Legal Manager advised the Committee with regard to its reasons for refusal of this application. Councillor J H Perry-Warnes proposed deferral of this application to allow consultation with the emergency services. Councillor Shepherd withdrew his proposal for refusal and seconded Councillor Perry-Warnes’ proposal for deferral. Councillor Mrs L M Brettle asked how building materials would be brought onto the site. The Senior Planning Officer stated that it was likely that most materials would be delivered using the alleyway at the rear of the site. It was proposed by Councillor J H Perry-Warnes, seconded by Councillor R Shepherd and RESOLVED by 8 votes to 4 That consideration of this application be deferred to consult the emergency services and to confirm how materials would be brought onto the site. (117) SHERINGHAM - PF/13/0897 - Variation of Condition 2 and Removal of Condition 9 of planning permission reference 10/0126 to permit installation of render in lieu of timber cladding; 7 Museum Cottages, Station Road for Mr W Jepson Councillor J A Wyatt stated that he had received emailed representations in respect of this application. The Committee considered item 5 of the Officers’ reports. Public Speaker Mr P Burns (Sheringham Town Council) The Senior Planning Officer stated that white render was considered to be inappropriate but cream or off-white was acceptable. There was a mix of materials in the area but Officers considered that timber was incongruous. Development Committee 6 24 October 2013 Councillor R Shepherd considered that the finish had to be in keeping with Museum Cottages. He did not favour a rendered finish and therefore proposed refusal of this application. In response to a question by Councillor Mrs P Grove-Jones, the Senior Planning Officer stated that the architect considered that timber cladding was out of keeping with the area. Officers and Members had considered that cladding was acceptable when the application for conversion of the building was approved. Councillor R Reynolds considered that cladding was not in keeping with the area. He proposed approval of this application as recommended. The Head of Planning drew attention to the comments of the Conservation, Design and Landscape Manager, who had no objection to this application. Councillor Mrs V Uprichard considered that the appearance of cladding would deteriorate over time and that cream render would be more in keeping. She seconded the proposal. In response to a question by a Member, the Senior Planning Officer explained that the proposal included covering the flint face of the building with render. However, permission had already been given under application PF/10/0126 to cover the flint with cladding. RESOLVED by 10 votes to 2 That this application be approved subject to the external colour finish being cream. (118) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 6 of the Officers’ reports. (119) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 7 of the Officers’ reports. (120) NEW APPEALS The Committee noted item 8 of the Officers’ reports. (121) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 9 of the Officers’ reports. (122) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 10 of the Officers’ reports. (123) APPEAL DECISIONS The Committee noted item 11 of the Officers’ reports. The Planning Legal Manager stated that it was the intention in future to provide additional detail in respect of appeal decisions and to report progress on Court cases to the Committee. Development Committee 7 24 October 2013 He stated that the appeal against the High Court decision in respect of Crisp Maltings, Great Ryburgh would be heard in the Court of Appeal on 26 or 27 November 2013. (124) APPLICATIONS CALLED IN BY MEMBERS The Chairman expressed concern that an application on the agenda had been called in by a Member who had not attended the meeting nor forwarded his comments in time for consideration by the Committee. (125) 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. (126) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES The Committee considered item 12 of the report updates the situation previously reported concerning the schedule of outstanding enforcement cases and unresolved complaints more than three months old as at 30 September 2013. RESOLVED That the report and annexed Schedules of cases be noted and that those cases which have been resolved be removed from the Schedules. The meeting closed at 11.25 am. Development Committee 8 24 October 2013