26 AUGUST 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 S J Partridge (Chairman) J A Wyatt (Vice-Chairman) H C Cordeaux Mrs A R Green J H Perry-Warnes Mrs M Seward B Smith Mrs A C Sweeney Mrs J Trett Mrs L Walker P J Willcox B Cabbell Manners - substitute for J D Savory Mrs M L Fleming - substitute for S C Mears Mrs G M D Lisher - substitute for P W High M J M Baker - Holt Ward Mrs P Bevan Jones - Cabinet Member for Strategic Housing and Member for Sheringham North Ward Mrs L M Brettle - Glaven Valley Ward Mrs H T Nelson - Cabinet Member for Conservation, Design and Landscape and Member for Sheringham South Ward R Combe - observer J Lisher - observer Officers Mr S Blatch - Strategic Director - Communities Mr A Mitchell - Development Manager Mr R Howe - Planning Legal and Enforcement Manager Mr P Godwin - Conservation, Design and Landscape Manager Mr G Linder - Senior Planning Officer (West) Mr G Lyon - Senior Planning Officer (West) Miss J Medler - Senior Planning Officer (West) Mr P Rhymes - Conservation Officer Mr R Lewis - Environmental Protection Officer (43) CHAIRMAN’S ANNOUNCEMENT The Chairman stated that a Parish Poll would be held in Sheringham in respect of the supermarket issue. A special meeting of the Development Control Committee to give further consideration to planning applications 20090777 and 20090818 would not now be held on 16 September 2010 as previously notified given the need to await the outcome of the Poll. (44) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors P W High, S C Mears and J D Savory. There were three substitute Members in attendance as listed above. Development Control Committee 1 26 August 2010 (45) MINUTES The Minutes of a meeting of the Committee held on 29 July 2010 were approved as a correct record and signed by the Chairman. (46) ITEMS OF URGENT BUSINESS The Chairman stated that there was one item of urgent business which he wished to bring before the Committee, relating to site inspections at Sheringham. The reason for urgency was to enable Members to remind themselves of the sites prior to further consideration of supermarket applications. (47) DECLARATIONS OF INTEREST Councillors M J M Baker and Mrs J Trett declared interests, the details of which are given under the minute of the item concerned. (48) PROPOSED DESIGNATION OF CONSERVATION AREA AT THE FORMER RAF COLTISHALL The Committee considered item 1 of the officers’ reports seeking approval for the designation of a Conservation Area at the site of the Former RAF Coltishall Airbase and associated residential areas under provisions of the Planning (Listed Buildings and Conservation Areas) Act 1990. The Conservation, Design and Landscape Manager introduced the report. The Conservation and Design Officer outlined the characteristics and issues relating to the site. The Conservation, Design and Landscape Manager drew attention to the main issues for consideration. He referred to concerns raised by the Ministry of Justice in respect of the impact of local listing on the future management and disposal of the site. He considered that local listing would not be a major encumbrance in this respect. It had to be considered in terms of overall planning policy. The purpose of the designation was not to prevent future economic development of the site. It was to ensure that the historic legacy of the former RAF Coltishall was recognised in any future development proposals. There had been a great deal of public support for the designation from historic bodies and this had been exhibited at the public meeting on 4 August 2010. The Conservation, Design and Landscape Manager stated that the site did not tell the whole story of the RAF, but it had been the longest serving operational RAF ‘Fighter base’ in the UK. In respect of the proposed boundary the Conservation, Design and Landscape Manager requested that an additional area be added to the Conservation Area, located to the southern extremity of the proposed boundary within the North Norfolk District area. The inclusion of the additional area for Conservation Area designation had been made by Norfolk County Council in response to the formal consultation undertaken in respect of the proposal. Councillor Mrs H T Nelson, Cabinet Member for Conservation, Design and Landscape, expressed her support for the designation of the site and urged the Committee to approve the recommendations. In answer to a question by Councillor P J Willcox regarding the planting scheme approved under the planning permission for the prison on the site, the Strategic Director explained that changes had been made to the scheme and a planning application to regularise this issue would be submitted. Development Control Committee 2 26 August 2010 Councillor B Smith stated that he was a former member of the RAF and had served at RAF Coltishall. He referred to the tree planting that had been carried out by the RAF and requested that any future scheme should be sympathetic to the original scheme. It was proposed by Councillor Mrs L Walker, seconded by Councillor J H PerryWarnes and RESOLVED by 12 votes to 0 with 1 abstention (49) 1. That the operational areas of the Former RAF Coltishall Air Base and associated residential areas within North Norfolk District be designated as a Conservation Area. 2. That the proposed boundary, as displayed at the meeting and encompassing the ‘southern extension’ be adopted and publicised in accordance with Section 69 of the Planning (Listed Buildings & Conservation Areas) Act 1990. 3. That those buildings in North Norfolk District which have been identified in the Conservation Area Designation Document as Local Buildings of Special Architectural or Historic Interest be designated as such. 4. That Broadland District Council be requested to make a complementary designation for the areas of the Former RAF Coltishall located within its jurisdiction. 5. That the Conservation Area be known as the ‘Former RAF Coltishall Conservation Area’. FIELD DALLING - PF/09/1155 - Erection of Eight Dwellings: Land off Holt Road for Victory Housing Trust The Committee considered item 2 of the officer’s reports. Public Speakers Mr Smith (Field Dalling Parish Council) Professor Mason (objecting) Mr Archibald (supporting) The Senior Planning Officer read to the Committee the comments of the Parish Council, which maintained its objection to this application in respect of drainage, design and failure to comply with Policy HO3. The Building Control Manager had responded to the Parish Council on the drainage issues. The Senior Planning Officer outlined the issues raised in two further letters of objection that had been received. The Senior Planning Officer requested delegated authority to approve this application subject to no further grounds of objection being received following expiry of the readvertisement of the amended plans on site and in the press and subject to the imposition of appropriate conditions. Councillor Mrs L M Brettle, the local Member, referred to the concerns of the Parish Council and local residents. There were ongoing issues regarding drainage, lack of local facilities and infrastructure. These were weighed against the need for affordable homes for local people. Development Control Committee 3 26 August 2010 Councillor Mrs L Walker proposed the officer’s recommendation, which was seconded by Councillor J H Perry-Warnes. The proposer and seconder referred to the need for affordable housing. Councillor H C Cordeaux stated that this was an exceptions site and the dwellings would be offered firstly to residents of Field Dalling and surrounding parishes. Councillor Mrs A R Green considered that development should not proceed given concerns regarding the soundness of the drainage report. She expressed concern regarding the design of the proposed dwellings. RESOLVED by 11 votes to 2 That the Head of Planning and Building Control be authorised to approve this application subject to no further grounds of objection being received following expiry of the readvertisement of the amended plans on site and in the press and subject to the imposition of appropriate conditions. (50) LANGHAM - 20060770 - Conversion and extension of buildings to provide hotel and village shop and erection of twenty-three holiday cottages; Former Glass Factory, North Street for Avada Country Homes Request for variation of terms of a Section 106 Obligation Councillor Mrs J Trett declared a prejudicial interest in this application as her daughter’s partner worked at the Bluebell Public House in Langham and this proposal could have a positive or negative effect on the public house. She spoke as a local Member but left the Council Chamber prior to discussion of this application. The Committee considered item 3 of the officers reports in respect of a request to vary the terms of the obligation (agreement) made on 5 December 2008 and relating to planning application 01 20060770PF. Public Speaker Mr Hope (Langham Parish Council) In answer to a question by the Chairman in response to concerns raised by Mr Hope, the Planning Legal and Enforcement Manager stated that the elements of the development remained inextricably linked. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs L Walker and RESOLVED That the Section 106 obligation be varied in accordance with the request by the developer. (51) HUNWORTH - 20090414 EF - Application for Certificate of Lawfulness of Existing Use as separate unit of holiday accommodation; 1 Green Farm Barn, The Green This application was deferred at the request of the officers. Development Control Committee 4 26 August 2010 PLANNING APPLICATIONS Where appropriate the Planning Officers expanded on the planning applications; updated the meeting on outstanding consultations, letters/petitions received objecting to, or supporting the proposals; referred to any views of local Members and answered Members’ questions. Background papers, including correspondence, petitions, consultation documents, letters of objection and those in support of planning applications were available for inspection at the meeting. Having regard to the above information and the report of the Head of Planning and Building Control, the Committee reached the decisions as set out below. Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (52) BODHAM - PF/09/1269 - Erection of agricultural building; Land at Hart Lane for Mr D Gay The Committee considered item 5 of the officers’ reports. It was proposed by Councillor J H Perry-Warnes, seconded by Councillor H C Cordeaux and RESOLVED unanimously That this application be refused in accordance with the recommendation of the Head of Planning and Building Control. (53) FAKENHAM - AI/10/0686 - Display of internally illuminated window display advertisement and two internally illuminated ATM surrounds; 27 Norwich Street for ISG Cathedral Ltd The Committee considered item 6 of the officers’ reports. Councillor Mrs G M D Lisher, a local Member, stated that she had no objection to the illuminated ATM surrounds. However, she considered that the illuminated advertisement was inappropriate, unnecessary and would set a precedent for similar signage. She considered that the building was mediocre and the proposed signage would make it worse. Councillor Mrs M L Fleming considered that the proposed signage would make no difference to the street scene. It was proposed by Councillor Mrs M L Fleming, seconded by Councillor Mrs J Trett and RESOLVED by 10 votes to 1 with 1 abstention That this application be approved subject to the imposition of a condition restricting the level of illumination to a maximum of 600cd/m2. Development Control Committee 5 26 August 2010 (54) GRESHAM - PF/10/0724 - Erection of one and a half-storey dwelling (amended design); Land at 3 Castle Close for Mr & Mrs Khalil The Committee considered item 7 of the officers’ reports. Public Speaker Mrs Khalil (supporting) The Senior Planning Officer reported that a plan showing a section through the site had been received. The applicants had confirmed that they were willing to install obscured glazing in the first floor south facing windows to prevent overlooking. He recommended approval of this application subject to the imposition of appropriate conditions. Councillor Mrs A C Sweeney, the local Member, stated that she had no further concerns in respect of this application. It was proposed by Councillor Mrs A C Sweeney, seconded by Councillor B Cabbell Manners and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions. (55) HOLT - PF/10/0630 - Variation of Condition 3 of 08/0697 to permit increase in opening hours to 8.00 - 23.00; 28 High Street for Mr J Barnes Councillor M J M Baker declared a non-prejudicial interest in this application as his Company owned property to the east of the site. The Committee considered item 8 of the officers’ reports. Public Speaker Mr Williams (objecting) The Senior Planning Officer reported the comments of the Environmental Protection Officer in respect of soundproofing measures. The applicant was willing to carry out the work as requested. However, the neighbour remained concerned, particularly as the applicant had received notice of the Environmental Protection Officer’s visit, and had sought the comments of other authorities on the issues of concern. The Senior Planning Officer recommended approval of this application subject to the imposition of appropriate conditions to include installation of acoustic flooring on the stairs and kitchen, sound block insulation on the party wall and for the inner courtyard not to be used after 10 pm and all windows and doors to the yard to be kept closed after that time.. Councillor M J M Baker, the local Member, commented that he understood that Environmental Health was being asked to comment on whether the measures proposed by the applicant would be successful and he was surprised that the matter had become a big issue. Development Control Committee 6 26 August 2010 The Environmental Protection Officer stated that he was satisfied with the noise mitigation proposals. Approval did not prevent the objector from making a complaint if there was a statutory nuisance and action could be taken if necessary. In response to a question by Councillor Mrs G M D Lisher, the Environmental Protection Officer stated that action could also be taken in the event of the bins being emptied before 7am or windows and doors to the courtyard being open after 10 pm. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs L Walker and RESOLVED by 12 votes to 0 with 1 abstention That this application be approved subject to the imposition of appropriate conditions to include installation of acoustic flooring on the stairs and kitchen, sound block insulation on the party wall and for the inner courtyard not to be used after 10 pm and all windows and doors to the yard to be kept closed after that time. (56) HOLT - PF/10/0709 - Continued use of former garage as hairdressing salon; 6 Swann Grove for Ms A Warnes The Committee considered item 9 of the officers’ reports. Public Speaker Ms Warnes (supporting) The Senior Planning Officer reported that Councillor P W High, a local Member, supported this application. A letter of support from a local resident and a further letter of support signed by seven residents of Swann Grove had been received. The Chairman stated that he had been lobbied by the applicant. Councillor M J M Baker, a local Member, stated that he had received lengthy representations from the objector, who had now sold his property. The Senior Planning Officer recommended approval as set out in the report and subject to a personal condition. It was proposed by Councillor J H Perry-Warnes, seconded by Councillor Mrs L Walker and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions including a personal condition and a note reminding the applicant that any future growth in the business at 6 Swann Grove may be subject to obtaining further planning consent. Development Control Committee 7 26 August 2010 (57) HOVETON - PF/10/0733 - Erection of two-storey side extension and rear conservatory; 32 Stalham Road for Mr Bygrave The Committee considered item 10 of the officers’ reports. The Senior Planning Officer reported Councillor N D Dixon, the local Member, had apologised for being unable to attend the meeting but had submitted comments. Councillor Dixon had expressed concern in respect of the effect of this proposal on the character of the area and this group of cottages. He considered that the current proposal in addition to an existing permission for development in the garden would be over-intensive development of the site. He was also concerned that the proposal would lead to loss of privacy for residents of Waveney Drive. The Senior Planning Officer stated that views of the dwelling tended to be from an oblique angle and considered that the proposal was unlikely to disturb the balance of the group of dwellings. Given the distance from properties in Waveney Drive there would be little impact on privacy. The approved dwelling was to the rear of the site, and did not result in a cramped form of development. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs L Walker and RESOLVED unanimously That this application be approved subject to a materials conditions. (58) ITTERINGHAM - PF/10/0543 - Retention of Detached Annexe; Robin Farm, The Street for Ms Blake The Committee considered item 11 of the officers’ reports. Public Speaker Mr Goodman (supporting) The Senior Planning Officer reported further information regarding the future use of the farmhouse that had been submitted by the applicant. On that basis he recommended approval 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 this application be approved subject to the imposition of appropriate conditions to include external finish and to ensure that the use of the annexe is ancillary to the main dwelling. (59) OVERSTRAND - LE/10/0716 - Demolition of section of boundary wall to facilitate formation of vehicular access and parking area; 8 The Londs for Mrs R Hillary The Committee considered item 12 of the officers’ reports. Public Speaker Mr Witham (Overstrand Parish Council) Development Control Committee 8 26 August 2010 The Senior Planning Officer reported that Councillor Mrs A M Fitch-Tillett, the local Member, had apologised for being unable to attend the meeting but had submitted comments. She considered that the removal of the section of wall would further ruin the special character of The Londs and requested refusal of this application. She was concerned that the Highway Authority was not consulted on this type of application and had referred to an application for an additional dwelling on a garden plot which was refused on appeal on highway grounds. The Senior Planning Officer reported that a letter had been received from two members of Overstrand Parish Council commenting that vehicles would have to reverse into or out of the parking area and, whilst the section of wall to be removed appeared to be a later infill, it would be a retrograde step to demolish it and would result in the loss of an established apple tree. The Senior Planning Officer explained that this was an application for consent for demolition in a Conservation Area. The creation of the parking space did not require planning permission. It was proposed by Councillor B Smith and duly seconded That this application be refused on grounds that the removal of this section of wall would be detrimental to the appearance and character of the Conservation Area and would therefore be contrary to Core Strategy Policy EN8. Councillor B Cabbell Manners stated that the section of wall to be removed was a later infill and its removal would return the wall to its original C17th form. As an amendment, it was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs M L Fleming That consideration of this application be deferred to seek information in respect of the original appearance of the wall. As a further amendment, it was proposed by Councillor Mrs J Trett and duly seconded That this application be approved in accordance with the recommendation of the Head of Planning and Building Control. On being put to the vote, the further amendment for approval was declared lost with 4 Members voting in favour and 7 against with 2 abstentions On being put to the vote, the first amendment for deferral was declared lost with 6 Members voting in favour and 7 against. On being put to the vote, 5 Members voted in favour of the original proposition and 5 against with 3 abstentions. On the casting vote of the Chairman the proposition was declared lost. As the Committee had reached an impasse, the Planning Legal and Enforcement Manager requested a fresh proposal. It was proposed by Councillor B Cabbell Manners, duly seconded and Development Control Committee 9 26 August 2010 RESOLVED by 7 votes to 6 That consideration of this application be deferred to seek information in respect of the original appearance of the wall. (60) SHERINGHAM - PF/10/0692 - Infilling of front elevation arched window; 35B Cremer Street for Age Concern North Norfolk The Committee considered item 13 of the officers’ reports. Councillor Mrs H T Nelson, Member for Sheringham South Ward, stated that she supported the views of Councillor B J Hannah, a local Member, and the Sheringham Preservation Society in opposing this application. Councillor Mrs P Bevan Jones, a local Member, stated that the window was not in a safe condition and the proposal was in the interests of the elderly people served by the premises. It was proposed by Councillor H C Cordeaux, seconded by Councillor B Smith and RESOLVED by 6 votes to 5 with 1 abstention That this application be approved subject to the imposition of appropriate conditions to include the use of matching render. (61) STALHAM - PF/10/0869 - Variation of conditions 2, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 to planning reference: 07/1919 to permit retention and occupation of Phase 1 of development as built; Old Baker's Yard for Victory Housing The Committee considered item 14 of the officers’ reports. Public Speaker Mr Burghall (supporting) The Development Manager reported that the Highway Authority had no objection subject to no encroachment over the highway, provision of the previously approved parking spaces and the imposition of appropriate conditions. An amended plan had been received in respect of design details. He stated that it would be necessary to discuss appropriate boundary treatment given that phase 2 of the development was unlikely to proceed for some time given the current economic climate. He also reported the comments of English Heritage on the original plan. The Development Manager requested delegated authority to approve this application subject to final agreement on the detailing including shop fronts and the plat band with Conservation and Design, no objection following readvertisement and reconsultation on the amended plan, agreement on boundary treatment until phase 2 comes forward and, if necessary, amendment of the Section 106 obligation with Norfolk County Council in respect of access details. Councillor P J Willcox asked if it was intended to continue the plat band along to the listed building. Development Control Committee 10 26 August 2010 The Conservation, Design and Landscape Manager stated that it was not essential to do so but it could be considered, together with a possible dentil course under the eaves, as suggested by English Heritage. It was proposed by Councillor B Cabbell Manners, 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 final agreement on the detailing including shop fronts and the plat band with Conservation and Design, no objection following readvertisement and reconsultation on the amended plan, agreement on boundary treatment until phase 2 comes forward and, if necessary, amendment of the Section 106 obligation with Norfolk County Council in respect of access details. (62) WEYBOURNE - PF/10/0339 - Change of use from A1 (retail) to a mixed use of A1 (retail) and A3 (cafe); Weybourne Stores, 2 Beach Lane for Mr M Joll The Committee considered item 15 of the officers’ reports. The Senior Planning Officer reported that the Conservation, Design and Landscape Manager had no objection to this application. She outlined the points raised in a further letter of objection which had been received from a local resident. She recommended approval of this application subject to the imposition of appropriate conditions. Councillor H C Cordeaux, the local Member, reported that he had received an email from Weybourne Parish Council which now supported the siting of the tables and stating that concerns regarding parking had not materialised. However, the Parish Council had concerns regarding the retrospective nature of the application. He referred to the parking issues associated with a previous approval for conversion of the premises to two dwellings and a reduced retail area, the current application and other businesses in the vicinity. He stated that it was important that the village shop flourished but not at the expense of highway safety. Councillor B Smith stated that he travelled through the village regularly and had never witnessed any major traffic problems. He added that this stretch of road was subject to a 20mph speed limit. He proposed approval of this application which was seconded by Councillor Mrs M L Fleming. Councillor Cordeaux requested that a one-year temporary permission be granted in the first instance to be consistent with other nearby A3 businesses which had opened in recent years. The proposer and seconder accepted this request. RESOLVED by 11 votes to 0 with 1 abstention That this application be approved for a temporary period of one year subject to the imposition of appropriate conditions. Development Control Committee 11 26 August 2010 (63) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION The Committee considered item 16 of the officers’ reports and further site inspections recommended by the officers under urgent business. RESOLVED That a site inspection be arranged in respect of the following applications and that the local Members and Chairmen of the Parish/Town Councils be invited to attend: GREAT RYBURGH - PF/09/0966 – Proposed erection of 2 silos and formation of lorry park; Land at Crisp Maltings, Fakenham Road, Great Ryburgh WELLS-NEXT-THE-SEA – PF/10/0784 – Erection of two, two storey dwellings and four apartments; Partners, Northfield Lane, Wells-nextthe-Sea SHERINGHAM - 20090777 - Erection of A1 (retail Supermarket) and D1 (Norfolk Food Academy) with Associated Kitchen Garden, Parking, Landscaping and Infrastructure at Sheringham Town Allotments, Land South of Weybourne Road, Sheringham for Greenhouse Community Projects SHERINGHAM - 20090818 - Demolish all Buildings Except numbers. 7, 9 and 11 Cromer Road and Erection of A1 (Retail Supermarket), 5 Class A1/A3 Retail Units, 2 Flats and A Class D1/D2 Community Space with Associated Access, Landscaping, Car Parking and Servicing Arrangements at Land at Cromer Road, Sheringham for Tesco Stores Ltd SHERINGHAM - 20100920 - Demolition of all buildings except 7, 9 & 11 Cromer Road and erection of A1 retail food store, 2 A1/A2/A3 retail units, 2 residential units and D1/D2 community space, with associated access, landscaping, car parking and servicing and pedestrian link to Station Road for Tesco Stores Ltd (64) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 17 of the officers’ reports. (65) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 18 of the officers’ reports. (66) NEW APPEALS The Committee noted item 19 of the officers’ reports. (67) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 20 of the officers’ reports. Development Control Committee 12 26 August 2010 (68) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 21 of the officers’ reports. (69) APPEAL DECISIONS The Committee noted item 22 of the officers’ reports. The meeting closed at 12.25 pm. Development Control Committee 13 26 August 2010