26 FEBRUARY 2015 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) R Reynolds (Vice-Chairman) Mrs L M Brettle Mrs A R Green P W High Miss B Palmer J H Perry-Warnes R Shepherd B Smith Mrs A Sweeney Mrs V Uprichard J A Wyatt P Williams – substitute for Mrs P Grove-Jones J Punchard – Lancaster South Ward P Terrington – Priory Ward Officers Mr A Mitchell – Development Manager Mr R Howe – Planning Legal Manager Mr M Ashwell – Planning Policy Manager Mr G Linder – Major Projects Team Leader Mr J Williams – Major Projects Team Leader Miss J Medler – Development Management Team Leader Mr S Case – Landscape Officer (194) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors M J M Baker and Mrs P Grove-Jones. One substitute Member attended the meeting as shown above. (195) MINUTES The Minutes of meetings of the Committee held on 29 January 2015 were approved as a correct record and signed by the Chairman. (196) ITEMS OF URGENT BUSINESS There were no items of urgent business. (197) DECLARATIONS OF INTEREST Councillor P W High declared an interest, the details of which are given under the minute of the item concerned. 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. Development Committee 1 26 February 2015 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. Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (198) CROMER - PF/15/0068 - Variation of condition 2 of planning permission ref: 11/0387 to permit retention of dormer window in revised position; Exton House, 1 Surrey Street for Mr R Price All Members declared they were acquainted with the applicant as a fellow Councillor. The Committee considered items 1 and 2 of the Officers’ reports together as they were related applications. Public Speaker Mr R Price (supporting) The Major Projects Team Leader explained that the dormer had not been constructed in accordance with the approved plans to minimise intrusion into the roof joists and to overcome difficulties with making the structure watertight. The Major Projects Team Leader reported that Cromer Town Council had made no comment on the applications. The Conservation and Design Team had no objection to the proposal. He recommended approval of both applications PF/15/0068 and LA/15/0069. It was proposed by Councillor R Shepherd, seconded by Councillor J Perry-Warnes and RESOLVED unanimously That this application be approved. (199) CROMER - LA/15/0069 - Retention of dormer window to rear roof slope; Exton House, 1 Surrey Street for Mr R Price It was proposed by Councillor J Perry-Warnes, seconded by Councillor Mrs A R Green and RESOLVED unanimously That this application be approved. Development Committee 1 26 February 2015 (200) FAKENHAM - PF/14/1632 - Change of use of A1 (retail) to mixed use A1 (retail) and A3 (restaurant/cafe) and insertion of new shop front; 8-10 Bridge Street for ACCA Ltd All Members had received telephone calls regarding this application. Councillor R Reynolds stated that he had taken legal advice in connection with this application. The Committee considered item 3 of the Officers’ reports. Public Speakers Mr L O’Sullivan (objecting) Mr S Millett (supporting) The Development Management Team Leader explained the policy issues relating to the retail frontage (Policy EC5). This application did not comply with Policy EC5. However, it would be possible to change the use of the premises to A3 (restaurant/café) use for a temporary period of up to two years without the need for planning permission under permitted development rights. Officers considered that the benefits of the proposal outweighed the policy issues in this case and the Development Management Team Leader requested delegated authority to approve the application. Councillor J Punchard, a local Member, expressed concerns in respect of the number of similar outlets in the town which would lead to the degradation of the range of facilities, sustainability issues, impact on vitality and viability of the town centre, erosion of original features by the amendment to the entrance, lack of marketing of the units and additional burden on the drainage system. He referred to the narrowness of Bridge Street at this point and the problems which could be caused by deliveries to the premises and danger to customers exiting the premises. He stated that the proposed seating area would remove the parking space for the flat at the rear. Whilst the proposal would bring two empty shop units back into use, it would also prevent two small businesses from opening in the town. He stated that the premises would not draw people into the town centre due to its edge of centre location. Councillor P W High sympathised with the objectors but stated that the relaxation of the change of use rules meant that the business could be started anyway. He proposed delegated approval of this application as recommended. Councillor R Reynolds stated that competition was not a planning issue. The shops had been empty for several years. There would be an element of A1 retail use within the premises and the proposal would create jobs. Councillor R Shepherd stated that Bridge Street had changed little over the years and had a run-down appearance. Approval would bring in a major business, bring two empty units back into use and have economic benefits in terms of investment and jobs. He considered that this proposal would be welcomed in Sheringham where there were already 56 cafés and other food outlets. He seconded the proposal. Councillor Mrs V Uprichard stated times were tough but coffee shops were thriving and growing. She supported the proposal. Councillor P Williams stated that there were many other places where people could eat and drink, and Fakenham was not a tourist area like Holt or Sheringham. He raised issues regarding what tenancy agreement may be in place for car parking with the flat and removal of the parking space for the flat. Development Committee 1 26 February 2015 The Development Management Team Leader stated that the Highway Authority had raised no objection and the site was adjacent to a public car park. The tenancy agreement was a civil matter. RESOLVED by 11 votes to 0 with 1 abstention That the Head of Planning be authorised to approve this application subject to no new material issues or grounds of objection being raised following readvertisement and subject to the imposition of appropriate conditions. (201) FIELD DALLING - PF/14/1384 - Erection of 2 storey side extension with glass link; School Lane Cottage, 10-11 School Road, Saxlingham for Mirka McNeill Design The Committee considered item 4 of the Officers’ reports. Public Speaker Mr I Farmer (supporting) The Major Projects Team Leader referred to issues raised regarding impact on trees. He stated that there was not considered to be an amenity issue, and the developer intended to use mini piles to minimise the impact on the root system. The Landscape Officer was satisfied with the proposals. Councillor Mrs L Brettle, the local Member, considered that the conditions would be adhered to and should satisfy the concerns of the neighbour. She had no objection to the application. Councillor J Perry-Warnes considered that the Leylandii trees to the south and west of the cottage had reached maximum height and were too tall. He proposed approval of this application as recommended. The Landscape Officer stated that the trees were not fully mature and could grow up to a further 20 feet in height. They were solid trees with a good, compact root system. He considered that the proposed development would have no impact. Councillor P W High seconded the proposal. Councillor R Shepherd congratulated the architect on the project and considered that it would have no impact on the adjacent property. RESOLVED unanimously That this application be approved recommendation of the Head of Planning. in accordance with the (202) HINDRINGHAM - PF/14/1499 - Erection of detached two-storey dwelling; Lion House, The Street for Mr & Mrs Iles The Committee considered item 5 of the Officers’ reports. Public Speaker Mr Iles (supporting) Development Committee 1 26 February 2015 The Development Management Team Leader reported that an amended plan had been received in respect of parking provision and siting of the proposed building. The Parish Council had confirmed that it had no objection. Following receipt of the amended plan, the Highway Authority had no objection subject to conditions. It also had no objection in principle to a Stopping Up Order being made in respect of the frontage of the site subject to the retention of a minimum width of 2 metres. The Development Management Team Leader reported that in response to Officers’ concerns regarding overlooking, sight lines had been submitted and the agent had had advised that overlooking could be overcome by fixed louvres to first floor windows and obscured glazing to bathroom and dressing room windows. The agent considered that it would be difficult to achieve Code Level 5 if the windows were moved. In support of the application, the agent had referred to the previous planning permission and considered that the Council’s policies were out of date and that the location was sustainable. The Development Management Team Leader recommended refusal as stated in the report. Councillor P Terrington, a local Member, gave apologies on behalf of Councillor J D Savory, the other local Member, who was unable to attend. He referred to localism and stated that there was support in the village for the application, the site was in a sustainable location in terms of access services, it was an infill site and the type of design encouraged by the NPPF. He had not been aware of overlooking issues but considered that this could be overcome. He requested the Committee to approve this application. Councillor R Reynolds stated that Policy EN4 was quite specific and had to be taken into consideration. He considered that further thought needed to be given to the windows. The proposal was also contrary to Policy SS2, although he agreed that it was possibly in keeping with the NPPF. He stated that he was not totally against a building on the site, he supported the Officer’s view. He proposed refusal of this application as recommended. Councillor P Williams considered that if the windows on the upper floor were right hung it would help to address the overlooking issue. Councillor Mrs L Brettle seconded the proposal. In response to a question by Councillor J Perry-Warnes, the Development Management Team Leader stated that permission was given in 1978 and 1986, prior to the current Core Strategy, but these permissions were no longer extant. The Planning Legal Manager added that it was often the case in villages in the Countryside policy area that planning permission had been given in the past. Such proposals may be acceptable in policy terms in the future, but at the present time this proposal was contrary to policy. RESOLVED by 10 votes to 0 with 2 abstentions That this application be refused in accordance with the recommendation of the Head of Planning. Development Committee 1 26 February 2015 (203) HOLT - PO/14/1603 - Erection of up to 170 dwellings and associated infrastructure; Land South of Lodge Close for Gladman Developments Ltd Councillor P W High declared a prejudicial interest in this application as he lived adjacent to the site. He vacated the Council Chamber during consideration of this matter. The Committee considered item 6 of the Officers’ reports. Public Speakers Mr B Payne (Holt Town Council) Mr C Greenwood (objecting) Dr I Shepherd (objecting) The Major Projects Team Leader stated that the previous application on this site had been refused and an appeal had been submitted, the hearing for which would be held in July. The Major Projects Team Leader stated that the applicant’s case was based on the five-year land supply. He referred to the Planning Policy Manager’s comments. Currently, the Council’s published figures demonstrated a 5.4 year supply of housing land for the period from 2014-2019. This would be updated for 2015-2020. He recommended that this application be refused for the reasons stated in the report, with the addition of the words: “The proposed development would result in over-capacity issues at the local primary school without the opportunity for on-site expansion. Accordingly the proposed development would be contrary to the above development plan policies.” Councillor J Perry-Warnes proposed refusal of this application as recommended. Councillor R Reynolds considered that very little had changed since the previous application, except that the applicants were making an issue of the five year land supply. The Council was able to demonstrate a five year land supply. Core Strategy Policy SS2 still applied. He had concerns with regard to access. He seconded the proposal. Councillor R Shepherd referred to the comments made by Natural England in respect of the proximity of the site to the Site of Special Scientific Interest (SSSI) and by Dr Shepherd on behalf of the Campaign to Protect Rural England (CPRE). He supported the Officer’s recommendation. Councillor P Williams stated that the SSSI was very important and should be protected. He expressed concern regarding the access. He questioned whether the provision of 45% affordable housing would be viable. Councillor Mrs V Uprichard stated that she had grave concerns with regard to the access. She considered there was insufficient room on the site to provide the number of dwellings envisaged by the applicants. Development Committee 1 26 February 2015 The Development Manager stated that Officers did not recommend refusal on highway grounds and it had not been a reason for refusal on the previous application. The Planning Inspector would have to consider highway and SSSI issues when determining the appeal as they had been raised locally. It was not possible to guarantee that 45% affordable housing would be provided and the applicants had offered it subject to viability. Affordable housing would be considered at reserved matters stage if the application were approved on appeal. Councillor Mrs A C Sweeney expressed concerns regarding the impact on the doctors’ surgery, and with regard to the amount of traffic emanating from the development and its effect on existing residents. The Major Projects Team Leader referred to other major applications in Holt on which NHS England had been consulted. NHS England had produced a formula to assess the impact of those developments and contributions which would be required. Comments were awaited with regard to this application. With regard to the comments by Natural England, the applicants would be willing to contribute to the upkeep of footpaths in Holt Country Park. Councillor R Reynolds stated that he would withdraw his concerns regarding access but stood by his comments regarding SS2 and the five year land supply. Councillor Mrs L Brettle emphasised that the proposal would have an impact on the SSSI and the Glaven Valley. It was proposed by Councillor J Perry-Warnes, seconded by Councillor R Reynolds and RESOLVED unanimously That this application be refused in accordance with the recommendation of the Head of Planning (Policy SS2 and impact on the primary school). (204) WELLS-NEXT-THE-SEA - PF/14/1583 - Alterations to dwelling including erection of two-storey front and rear extensions and the installation of front balcony; East Quay House, East End for Mr S Howe The Committee considered item 7 of the Officers’ reports. Public Speaker Mr G Hewitt (Wells Town Council) In response to questions by Councillor P Terrington, a local Member, regarding tertiary windows and the extension of the building towards the rear, the Development Management Team Leader explained that the windows in question were bathroom windows and the relationship was not considered to be an issue. No objection had been received from the neighbour at the rear. There was already a close relationship between the buildings and there was unlikely to be a significant additional loss of light. Councillor P Terrington referred to the Town Council’s objections on grounds of design. He considered that the proposed design was not in keeping with the Conservation Area with its theme of pitched roofs or with the East Quay. He Development Committee 1 26 February 2015 considered that pitched roofs provided harmony in the area and the proposed flat roof would introduce discord. He requested a site inspection. Councillor R Shepherd supported the local Member and Town Council’s views with regard to design. Councillor Mrs V Uprichard considered that the design was good but it was not appropriate for Wells and out of keeping with the street scene. She proposed refusal of this application, which was not seconded. It was proposed by Councillor R Reynolds, seconded by Councillor J Perry-Warnes and RESOLVED by 10 votes to 2 That consideration of this application be deferred to allow an inspection of the site by the Committee, and that the local Members and Chairman of the Town Council be invited to attend (to be held on 12 March 2015). (205) APPLICATION RECOMMENDED FOR A SITE INSPECTION The Committee considered item 8 of the Officers’ reports. RESOLVED That the Committee undertakes the following site inspection and that the local Member and Town Mayor be invited to attend: SHERINGHAM – PF/15/0001 – Demolition of existing buildings, erection of 32 no. dwellings, accesses, roads, open space and associated works; Hilbre, Holway Road for Norfolk Homes (to be held on 16 April 2015). (206) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 9 of the Officers’ reports. (207) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 10 of the Officers’ reports. (208) NEW APPEALS The Committee noted item 11 of the Officers’ reports. (209) INQUIRIES AND HEARINGS - PROGRESS The Committee noted item 12 of the Officers’ reports. The Planning Legal Manager reported that the Inquiry in respect of Bodham PF/11/0983 (wind turbine) would take place on 9 June 2015. (210) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 13 of the Officers’ reports. Development Committee 1 26 February 2015 (211) APPEAL DECISIONS – RESULTS AND SUMMARIES The Committee noted item 14 of the Officers’ reports. The Planning Legal Manager stated that the appeal decision in respect of Cromer PF/13/0979 had been allowed and not dismissed as stated. (212) COURT CASES – PROGRESS AND RESULTS The Committee noted item 15 of the Officers’ reports. The Planning Legal Manager reported that the Supreme Court hearing in respect of the Ryburgh Maltings case would take place on 23 June 2015. The meeting closed at 11.53 am. Development Committee 1 26 February 2015