25 FEBRUARY 2016 Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors R Reynolds (Chairman) R Shepherd (Vice-Chairman) Mrs S Butikofer Mrs A Claussen-Reynolds N Coppack Mrs P Grove-Jones S Hester P High N Pearce P Rice S Shaw B Smith N Smith Mrs V Uprichard Mrs G Perry-Warnes – Corpusty Ward Mrs S Arnold – Portfolio Holder Mrs A Fitch-Tillett – observer Officers Mrs N Baker – Head of Planning Mr G Lyon – Major Projects Manager Miss S Hinchcliffe – Major Projects Team Leader Mr N Doran – Solicitor Mr D Mortimer – NCC Highways Development Management Officer Mr S Bizley - Consultant (201) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS All Members were in attendance. (202) DECLARATIONS OF INTEREST Minute 206 Councillor: N Smith Interest Lives adjacent to the site. PLANNING APPLICATIONS Where appropriate the Planning Officers expanded on the planning applications; updated the meeting on outstanding consultations, letters/petitions received objecting to, or supporting the proposals; referred to any views of local Members and answered Members’ questions. Background papers, including correspondence, petitions, consultation documents, letters of objection and those in support of planning applications were available for inspection at the meeting. Having regard to the above information and the Officers’ report, the Committee reached the decisions as set out below. Development Committee 1 25 February 2016 Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. The Head of Planning explained the proposed procedure for this meeting. Following receipt of an overarching report which covered issues common to all applications, each application would be presented to the Committee in turn and debated. No proposals would be sought until all applications had been presented and debated. For the benefit of members of the public, the Head of Planning explained that lobbying was a normal part of the planning process but Members of the Committee needed to come to the meeting with an open mind and to listen to the debate before reaching a decision. (203) PLANNING APPLICATIONS ON BEHALF OF BROADLAND ST BENEDICTS FOR RESIDENTIAL DEVELOPMENTS IN BINHAM, EDGEFIELD, ERPINGHAM GREAT RYBURGH & TRUNCH The Major Projects Team Leader presented a report relating to five, full planning applications for residential development which had been submitted by the applicant, Broadland St Benedicts, for separate parcels of land across the North Norfolk District. The report provided an overview of planning policy and financial viability related issues for each of the planning applications under consideration. With the exception of application PF/15/1228 at Great Ryburgh, each application represented a departure from the development plan in that the three sites at Binham, Edgefield and Erpingham lay outside of any defined development boundary, proposed more than 10 dwellings and proposed a mix of market and affordable housing. Application PF/15/1227 at Trunch proposed more than 10 dwellings consisting of 100% affordable housing. The applicant had put forward a case in support of their proposals that a District-wide development strategy would enable the delivery of a greater amount of affordable housing to meet identified local need. This would be brought about through an element of market housing, the proceeds of which would be used to cross subsidise the delivery of affordable housing across all of the sites. The report highlighted a range of material planning considerations that were common to all five proposals, namely: Mechanisms for Delivery of Affordable Housing - The case being put forward in support of the proposal by the applicant; The main planning policy implications of the proposals; Development viability; and Proposed S.106 Obligation – Draft Agreement The Portfolio Holder emphasised that the five applications contained a large number of affordable homes, which was one of the Council’s key corporate objectives, and would go a long way towards addressing housing need. The Major Projects Team Leader presented each of the following applications, displayed plans and photographs of the proposals and outlined the main issues for consideration in each case, which were set out in detail in the Officer’s report. She updated the Committee as shown below. Development Committee 2 25 February 2016 (204) BINHAM - PF/15/1221 - Erection of twenty eight residential units (Class C3) with associated highway, landscape works and a new pumping station; Land off Priory Crescent and Walsingham Road, Binham, Norfolk for Broadland St Benedicts Public Speakers Mr D Frost (Binham Parish Council) Mrs P Alford (objecting) Mr A Savage (supporting) The Major Projects Team Leader read to the Committee the comments of Councillor V FitzPatrick, a local Member, referring to the Parish Council’s comments and views of local residents. Councillor FitzPatrick considered that the proposal appeared to be sustainable and did not breach any significant planning considerations. The Major Projects Team Leader requested delegated authority to approve this application as set out in the report. Councillor S Hester, a local Member, expressed concern at the proportion of market housing to affordable housing and questioned how it could be interpreted as small. He considered that it would be preferable to relocate some of the proposed market dwellings elsewhere to create more space for the proposed affordable dwellings. At the request of the Chairman, the Major Projects Team Leader explained that the NPPF did not give an interpretation of “small” in relation to the proportion of affordable housing. She also clarified that the proposed green area could not be used for dwellings as it contained soakaways. Councillor R Shepherd stated that the provision of jobs and housing for young people should be foremost in Members’ minds. The cumulative proposals would result in 55 affordable dwellings in the District. The affordable dwellings in this application were concentrated in one small area but it was not possible to move dwellings around to make more space for the affordable dwellings because of the drainage situation. He considered that the proposals were futuristic and deserved to go forward. Councillor P W High expressed concern regarding the proportion of market dwellings. He considered that the application should be deferred to consider the density of the affordable dwellings and possible reduction in the number of market dwellings. Councillor N Smith expressed concern that the affordable dwellings were crammed into one corner of the site. In response to a question by Councillor B Smith, the Major Projects Manager explained that this proposal was an exceptions scheme. The model for delivery of affordable dwellings was new and looked at funding across all the sites. He considered that it was likely that more schemes of this type would come forward as funding from Central Government was reduced. Councillor N Pearce expressed concern regarding parking provision. He considered that if cars were to park on Priory Crescent it would exacerbate problems for large vehicles. The Major Projects Team Leader stated that the scheme met the Council’s parking standards. Additional parking for the affordable dwellings would be provided in a communal parking area. The development had been designed to enable lorries to turn. The Highway Authority had not raised an objection to the scheme. Development Committee 3 25 February 2016 Councillor Mrs A Claussen-Reynolds stated that the issues raised had been explained in the report. The village had good facilities. She referred to the comments by the Major Projects Manager with regard to delivery of affordable dwellings. Councillor Mrs S Butikofer expressed concern with regard to the location of the affordable dwellings. Councillor S Hester raised concerns regarding Human Rights in relation to disturbance during the anticipated 4-year construction period. This was a densely populated area with elderly people in close proximity. Binham was a small village and this proposal represented 17% growth. The Head of Planning stated that Human Rights implications had been considered and taken into account. Councillor N Coppack asked if the proposed bollards were removable as he was concerned with regard to emergency access. The Major Projects Manager stated that the bollards were intended to stop people driving through to Priory Crescent. A condition could be imposed to ensure they were detachable. He added that parking on the roadway was not a planning matter. (205) EDGEFIELD - PF/15/1223 - Erection of twenty two residential units (Class C3) with associated highway and landscape works.; Land off Rectory Road and Holt Road, Edgefield, Norfolk for Broadland St Benedicts Public Speakers Mr J Seymour (Edgefield Parish Council) Mr R Window (objecting) Mr I Hill (supporting) The Major Projects Team Leader reported that a neighbour had raised issues regarding a series of ponds close to his property and recent flooding. It was considered unlikely that the proposal would contribute to flooding but this issue would need to be raised with the Environment Agency. The Major Projects Manager stated that conditions could be included to agree drainage details prior to commencement of the development. Councillor Mrs G Perry-Warnes, the local Member, stated that there was a need for affordable housing and she considered that the benefits to the community outweighed the disadvantages. She stated that she would be grateful if the issue regarding the bus shelter could be resolved. However, she wholeheartedly supported this application. Councillors Mrs P Grove-Jones and P High commended the spread of the affordable units across the site. Councillor S Hester considered that the proportion of market housing to affordable housing was not small. He asked why 28 dwellings were being proposed on 1.3 hectares at Binham, whereas only 22 dwellings were being proposed on 1.83 hectares on this site. Development Committee 4 25 February 2016 The Major Projects Team Leader explained that density was based on constraints of the site and local housing needs, which differed on each site. The Solicitor referred to the definition of “rural exception sites” in Annex 2 of the NPPF. It did not specify small numbers had to be in proportion to the number of affordable dwellings although this had not been tested in Court or Inquiry. He considered that 10 or 12 were small numbers. (206) ERPINGHAM - PF/15/1461 - Erection of twenty four residential units (Class C3) with associated highway and landscape works; Land off Eagle Road, Erpingham, Norfolk for Broadland St Benedicts LLP Public Speakers Mr J Compston (objecting) Mr K Harrison (objecting) Mrs L Ryan (objecting) Mr C Chambers (objecting) Mr E Mumford-Smith (supporting) The Major Projects Team Leader summarised the comments of Erpingham Parish Council as no representative of the Parish Council had been able to attend the meeting. The Major Projects Team Leader referred to another application for a related exceptions scheme in Erpingham (PF/15/1587) which would be discussed at a future meeting. She stated that there was a need for housing on both sites. The proposals could help to enhance and maintain existing facilities in the village. Councillor N Smith, the local Member, declared an interest in this application as he lived adjacent to the site. He explained that he had taken legal advice and would speak on the application but would not vote. The Solicitor confirmed that it was acceptable for Councillor Smith to speak and that he would be reporting the comments of those he represented. Councillor N Smith referred to the comments made by speakers concerning impact on tourism and highway issues. He distributed photographs relating to visual impact, landscape and design issues. He referred to the comments of Anglian Water that there was adequate sewerage capacity to cope with flooding, and questioned why there had been so many problems if this were the case. He stated that there was no mention in the report regarding education beyond junior school. Children would have to go to Aylsham where an additional 600 houses were being built and he considered that there would be major problems for the senior school. The Chairman stated that drainage had been explained in depth and that Anglian Water had stated that problems were related to maintenance and not capacity. In response to concerns raised concerning drainage, the Major Projects Team Leader reported that she had contacted Anglian Water with regard to its maintenance programme but had received no further response to date. Environmental Health had no record of flooding since 2007. If there were maintenance issues they needed to be reported to Anglian Water. Councillor R Shepherd stated that affordable houses were desperately needed. He had misgivings regarding Eagle Road but considered that the issues had been addressed as far as possible. Development Committee 5 25 February 2016 In response to concerns raised by Councillor Mrs S Butikofer the Solicitor referred to the Protocol regarding planning applications affecting the Council’s land and stated that this issue had been addressed in the report. (207) RYBURGH - PF/15/1228 - Erection of five residential units (Class C3) with associated highway and landscape works.; Land off Highfield Close, Great Ryburgh for Broadland St Benedicts The Major Projects Team Leader stated that there was no market housing on this site. Councillor R Shepherd considered that this was an ideal proposal. (208) TRUNCH - PF/15/1227 - Erection of twelve residential units (Class C3) with associated highway and landscape works; Land off Cornish Avenue, Trunch for Broadland St Benedicts Public Speakers Mr A Fordham (Trunch Parish Council) Mr A Savage (supporting) Councillor N Coppack welcomed this application and the contributions to be made under the Section 106 Obligation. He stated that it was important to replace the cherry tree which was to be removed. Councillor Mrs V Uprichard referred to infill applications in Trunch which had been refused as the land was designated as Countryside. She was concerned that the Council’s policies were being walked over in this case. The Head of Planning explained that the policy framework made clear provision for affordable housing schemes as an exception where market housing would not normally be promoted. All the schemes which were being considered were compliant with the exceptions policy. Under current policy, infill plots in the Countryside were contrary to policy. Councillor B Smith expressed concerns regarding light pollution from the site. Following the presentations on each of the applications, the Committee took a break for lunch at 1.25 pm and resumed at 2 pm. (209) DETERMINATION OF ABOVE PLANNING APPLICATIONS The Committee determined the applications as follows: Binham PF/15/1221 Councillor R Shepherd proposed delegated approval in accordance with the Officer’s recommendation. Councillor P Rice stated that his main concern related to the density of the affordable housing and considered that it should be reconsidered. He proposed deferral of this application. Development Committee 6 25 February 2016 Councillor Mrs A Claussen-Reynolds emphasised the need for affordable homes and considered that the proposed schemes were an excellent way of achieving them. She referred to the Corporate Plan objectives regarding affordable housing. Councillor P W High seconded the proposal by Councillor Rice to defer this application. Councillor S Hester reiterated his concerns regarding the interpretation of “small”. He was also concerned that if the land were used for open market housing it could not be used for affordable housing. He considered that the developer should reconsider this proposal. Councillor N Coppack expressed concern that the affordable units were pushed into a tight corner. He referred to the other proposals where affordable housing was mixed in with the market housing. Councillor R Reynolds seconded, as an amendment, the proposal by Councillor R Shepherd for delegated approval. The amendment was put to the vote and declared lost with 5 Members voting in favour and 6 against. The proposal to defer this application was put to the vote and RESOLVED by 6 votes to 5 That consideration of this application be deferred to request the applicant to reconsider the design of the site in terms of density and distribution of affordable housing. Edgefield PF/15/1223 It was proposed by Councillor P W High, seconded by Councillor R Shepherd and RESOLVED unanimously That the Head of Planning be authorised to approve this application subject to: (i) Prior completion of a Section 106 agreement in accordance with the terms set out in the report. (ii) Appropriate conditions relating to; highways construction and construction worker parking and wheel cleaning, provision of a visibility splay and Traffic Regulation Order, securing appropriate design details and materials, hard and soft landscaping, arboricultural and ecological mitigation, surface and foul water drainage, provision of a fire hydrant, contamination site investigation, details of use of renewable technologies and any other conditions considered to be appropriate by the Head of Planning. Development Committee 7 25 February 2016 Erpingham PF/15/1461 Councillors P W High, Mrs P Grove-Jones and P Rice expressed concerns regarding drainage. Councillor Mrs S Butikofer expressed concern regarding highway safety. It was proposed by Councillor Mrs A Claussen-Reynolds, seconded by Councillor R Shepherd and RESOLVED by 9 votes to 0 with 2 abstentions That the Head of Planning be authorised to approve this application subject to: (i) Prior completion of a Section 106 agreement in accordance with the terms set out in the report. (ii) Appropriate conditions relating to; highways construction and construction worker parking, provision of a visibility splay, offsite highway works and Traffic Regulation Order, securing appropriate materials, hard and soft landscaping, arboricultural and ecological mitigation, surface water drainage, provision of a fire hydrant, contamination site investigation, details of use of renewable technologies and any other conditions considered to be appropriate by the Head of Planning. Great Ryburgh PF/15/1228 It was proposed by Councillor N Coppack, seconded by Councillor Mrs S Butikofer and RESOLVED unanimously That the Head of Planning be authorised to approve this application subject to: (i) Prior completion of a Section 106 agreement in accordance with the terms set out in the report. (ii) Appropriate conditions relating to; highways access and parking, construction traffic management plan, materials of construction, hard and soft landscaping, arboricultural and ecological mitigation, surface water drainage, contamination site investigation and any other conditions considered to be appropriate by the Head of Planning. Trunch PF/15/1227 It was proposed by Councillor R Shepherd, seconded by Councillor N Coppack and RESOLVED unanimously That the Head of Planning be authorised to approve this application subject to: Development Committee 8 25 February 2016 (i) Prior completion of a Section 106 agreement in accordance with the terms set out in the report. (ii) Appropriate conditions relating to; highways access and parking, materials of construction, hard and soft landscaping, arboricultural and ecological mitigation, surface water drainage, contamination site investigation and any other conditions considered to be appropriate by the Head of Planning. The meeting closed at 2.20 pm. CHAIRMAN 7 April 2016 Development Committee 9 25 February 2016