29 JANUARY 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)
M J M Baker
Mrs L M Brettle
Mrs A R Green
Mrs P Grove-Jones
P W High
J H Perry-Warnes
R Shepherd
B Smith
Mrs A Sweeney
J A Wyatt
Mrs A Claussen-Reynolds – substitute for Miss B Palmer
Mrs B McGoun - substitute for Mrs V Uprichard
T FitzPatrick – Walsingham Ward
R Wright – Astley Ward
N Smith - observer
Officers
Mr A Mitchell – Development Manager
Mr R Howe – Planning Legal Manager
Mr G Linder – Major Projects Team Leader
Miss J Medler – Development Management Team Leader
Mrs C Batchelar – Landscape Officer
Mrs C Bye – Senior Environmental Protection Officer
Mr D Mortimer – Development Control Officer (NCC Highways)
(173) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors Miss B Palmer and Mrs V
Uprichard. Two substitute Members attended the meeting as shown above.
(174) MINUTES
The Minutes of meetings of the Committee held on 18 December 2014 were
approved as a correct record and signed by the Chairman.
(175) ITEMS OF URGENT BUSINESS
There were no items of urgent business.
(176) DECLARATIONS OF INTEREST
Councillors Mrs A Claussen-Reynolds, Mrs A R Green and R Reynolds declared
interests, the details of which are given under the minute of the item concerned.
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29 January 2015
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.
Applications approved include a standard time limit condition as condition number 1
unless otherwise stated.
(177) 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 1 of the Officers’ reports.
Public Speakers
Mr D Lane (objecting)
Mr I Farmer (supporting)
Councillor Mrs L Brettle, the local Member, stated that the original cottage was not
listed and had been significantly altered in the past. She referred to the Conservation
and Design comments. She stated that she had brought this application to
Committee to give the objectors the opportunity to be heard.
It was proposed by Councillor Mrs P Grove-Jones, seconded by Councillor P W High
and
RESOLVED by 10 votes to 2 with 1 abstention
That consideration of this application be deferred to allow the
Committee to visit the site and that the local Member and Chairman of
the Parish Council be invited to attend.
(178) FULMODESTON - PF/14/0956 - Erection of three duck rearing units to house
36,000 birds; Clipstone Farm House, Clipstone for Ralph Harrison & Partners
Councillor R Reynolds, Mrs A Claussen-Reynolds and Councillor Mrs A R Green
declared a non-pecuniary interest in this application as they knew Mr Harrison but
had not discussed the application with him.
All Members had received correspondence from Kettlestone Parish Council.
The Committee considered item 2 of the Officers’ reports.
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29 January 2015
Public Speakers
Mrs C Marshall (Fulmodeston Parish Council)
Mrs G Ashby (Kettlestone Parish Council)
Mr R Cole (objecting)
Mr M Marshall (objecting); also speaking on behalf of Mr J Leversedge (objecting)
Mr R Ives (objecting)
Mr N Gates (supporting)
Mr J Harrison (supporting)
The Development Management Team Leader reported that Environmental Health
officers were satisfied with regard to noise and odour issues, including arrangements
for lorry manoeuvring. A further objection letter had been received from a member of
the public on animal welfare grounds. She stated that the objections to this
application had been considered carefully, together with the responses from the
consultees. She recommended approval of this application subject to the conditions
listed in the report.
Councillor R J Wright, the local Member, stated that if this application were approved
the Authority could impose and control conditions. He considered that the impact
would be kept to a minimum by the proposed landscaping and requested assurance
that the conditions would be adhered to and enforced. He was also keen to ensure
that there would be no disturbance to residents and users of the footpath from noise
and odour. He stated that the Highway Authority had raised no objection and
understood that it would be difficult to apply and enforce conditions as the application
related to an agricultural building in the Countryside. He was, however, concerned
that no archaeological survey had been requested, despite a number of
archaeological finds in the area and requested that the applicants be requested to
take this into account when development commenced. He requested that all
landscaping and environmental conditions be discharged in full and enforced.
The Chairman explained the reactive nature of condition enforcement. Councillor
Wright considered that improvements in dealing with this should be considered as a
policy issue.
Councillor Mrs A R Green considered that this application would help secure the
business as it was currently carried out on land leased by the applicants. She asked
if there would be any outside lighting.
Mr Gates responded that some outside lighting was necessary in the winter when
people were working or when lorries arrived.
Councillor Mrs Green considered that there were no grounds on which to refuse this
application.
In response to a question by Councillor Mrs B McGoun regarding lorry movements,
Mr Harrison explained the frequency and timing of lorry movements. He stated that
the overall number of lorry movements at the site would be no greater than at present
due to changes in farming practices. In response to a further question from
Councillor Mrs McGoun, Mr Harrison explained current practice with regard to the
ducks’ access to water.
Councillor M J M Baker referred to the objectors’ concerns regarding the industrial
nature of the proposal. He stated that North Norfolk was an agricultural area. He
referred to the evolution of farming and the need to feed an increasing population.
He proposed approval of this application subject to the conditions listed in the report
and requested that effort be made to implement the planting scheme immediately.
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29 January 2015
Councillor R Reynolds stated that animals had previously been reared on the farm.
He stated that traffic movements would be small compared with previously. He
considered that screening of the property would be ideal and stated that the site was
already screened by the contours of the land. He seconded the proposal.
Councillor J Perry-Warnes stated that the planting issue was important but
considered that it was preferable to carry out the work in the Autumn.
Councillor R Shepherd supported Councillor Baker’s views. He considered that all
the issues would be addressed and that if landscaping was not carried out
satisfactorily the local residents would draw this matter to the Council’s attention.
Councillor J A Wyatt expressed concerns with regard to highway issues, and in
particular, lorries using the former railway bridge.
The Development Control Officer (NCC Highways) stated that the bridge was
inspected regularly and had a carrying capacity of 40 tons. The latest inspection had
been carried out in October 2014. It helped to control vehicle speeds and he
considered that there was no reason to prevent traffic accessing the site by that
route.
The Development Manager stated that a detailed landscaping scheme had been
submitted as part of the application. If Members were minded to approve the
application, there would be a need to look at what landscaping could be carried out
straight away without impacting on the construction work. A maintenance plan would
be requested and any issues could be addressed within that agreement.
The Landscape Officer stated that a variety of habitats were being created. The
approved landscape management plan would be in force for 10 years and this would
include specific maintenance arrangements. Any failed planting would need to be
replaced.
Councillor R Wright stated that he was now satisfied with the landscaping issues.
It was proposed by Councillor M J M Baker, seconded by Councillor R Reynolds and
RESOLVED by 12 votes to 2
That this application be approved subject to the imposition of
appropriate conditions to include the development being carried out in
accordance with amended plans and reports, samples of colour finish to
external cladding, fans, louvres, doors and silos, detailed landscaping
plan, future management and maintenance plan for the different
landscape elements, ecology mitigation, external lighting, surface water
drainage, signage, upgrading of vehicular access and other highway
matters.
(179) HORNING - PO/14/1297 - Erection of single-storey dwelling; 2 Clover Hill,
Letheringtons Lane for Mr R Kalynuk
The Committee considered item 3 of the Officers’ reports.
Public Speakers
Mrs D Moore (Horning Parish Council)
Mr A Kalynuk (supporting)
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29 January 2015
The Major Projects Team Leader reported that the applicant intended to install a
private sewage treatment plant. He confirmed that there was sufficient room to install
the plant and that it would appear to be a suitable method of drainage in the
proposed location. An indicative layout had been received in respect of the impact
on trees. He drew attention to the applicant’s justification for this application on
medical grounds.
Councillor Mrs B McGoun, the local Member, stated that the site was in a sustainable
location, within walking and wheelchair distance of the village and local amenities.
She stated that the original intention was that there should be three cottages
whereas only two were built. She referred to three recent appeal decisions which
she considered were relevant to this case and demonstrated compliance with the
National Planning Policy Framework (NPPF). She referred to the support from the
Parish Council, GP and Norman Lamb MP. She considered that refusal of this
application would have a devastating impact on the applicant and his wife, who would
have to leave the village where they had support and which met their needs. She
proposed approval of this application subject to the resolution of the drainage issues
and requested that voting be recorded.
Councillor P W High stated that it was necessary to consider the planning issues in
this case. He stated that there were two bungalows adjacent to the site and one
behind it, and on that basis he seconded the proposal.
Councillor R Shepherd stated that he could recall a number of similar cases where
the applications had been refused. Whilst the applicants were in a terrible situation, it
was necessary to consider the planning issues.
Councillor B Smith referred to the NPPF. He considered that there were other
material considerations which outweighed policy. He supported this application.
Councillor R Reynolds stated that whilst he was sympathetic, four previous
applications had been refused on Countryside policy grounds and it was not for the
Committee to change the policy. He proposed refusal of this application in
accordance with the Officer’s recommendation.
In response to a question by Councillor M J M Baker regarding precedent in the
event of approval of this application, the Development Manager stated that personal
circumstances could be taken into consideration but they should be given limited
weight. He stated that if approved, the building would remain long after personal
circumstances ceased to be relevant. He advised that if it were minded to approve
this application, the Committee should consider whether the site was in a sustainable
location in terms of the NPPF, rather than personal circumstances, and whether it
outweighed the policy issues outlined by the Officers.
In response to Members’ questions, the Major Projects Team Leader explained that
the case officer had researched the planning records and could find no evidence of
planning permission being given for three plots. Gardens of existing dwellings did
not automatically become building plots. The existing dwelling was outside the
development boundary.
Councillor Mrs B McGoun stated that the applicant would accept an occupancy
condition.
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29 January 2015
The Planning Legal Manager stated that this was a difficult application and
impossible not to feel sympathy for the applicants. The title deeds indicated the
intention for three dwellings but there were currently two and planning permission
had never been granted for three. He stated that it would be legally difficult to
impose an occupancy condition on a permanent dwelling. With regard to precedent,
he advised the Committee that it should consider the development plan before other
material considerations. He advised the Committee to consider whether the location
was sustainable.
It was proposed by Councillor Mrs B McGoun and seconded by Councillor P W High
that the Head of Planning be authorised to approve this application subject to
resolving the drainage issues as the location was considered to be sustainable.
Voting was recorded as follows:
For the proposal
Councillors:
P W High
Mrs B McGoun
B Smith
J A Wyatt
(4)
Against the proposal
Abstentions
Mrs S A Arnold
M J M Baker
Mrs L M Brettle
Mrs A Claussen-Reynolds
Mrs A R Green
Mrs P Grove-Jones
J H Perry-Warnes
R Reynolds
R Shepherd
(9)
Mrs A C Sweeney
(1)
The proposition was declared lost.
It was proposed by Councillor R Reynolds, seconded by Councillor J Perry-Warnes
and
RESOLVED by 9 votes to 4 with 1 abstention
That this application be refused in accordance with the recommendation
of the Head of Planning.
(180) LESSINGHAM - PF/14/1471 - Removal of condition 2 of planning permission
ref: SM10495 and condition 1 of planning permission ref: 12/0511 to permit full
residential occupancy; Sandshell, Church Lane, Bush Estate, Eccles-on-Sea
for Mr Crisp
This application had been withdrawn.
(181) MUNDESLEY - PO/14/1392 - Erection of single-storey dwelling and garage;
Land at rear of 61 Cromer Road for Mr Bazley
The Committee considered item 5 of the Officers’ reports.
Public Speaker
Mr D Thompson (supporting)
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29 January 2015
The Development Management Team Leader reported that a formal response was
awaited from Anglian Water. However, the applicant’s agent had requested
clarification from Anglian Water as to the location of the adopted sewers. Anglian
Water’s maps did not show sewers on Orchard Close and this matter would require
further investigation. The applicant would accept a condition to require investigations
to be carried out prior to development and if it were not possible to connect to the
sewer through Orchard Close, the property would be connected to the existing sewer
for 61 Cromer Road.
Councillor B Smith, a local Member, stated that he had brought this application
before the Committee due to the concerns raised by the Parish Council and local
residents. He stated that there was a good visibility splay at the entrance to Cromer
Road but Orchard Close was narrow, with a bottleneck caused by bollards. The road
was difficult for large vehicles to negotiate, and there were car parking problems
within the estate. He considered that the site access was not in a good position. He
suggested a site inspection.
Councillor Mrs P Grove-Jones proposed a site inspection.
Councillor Mrs B McGoun stated that the plot could be accessed directly from the
road and appeared to complete the development. She proposed delegated approval
of this application as recommended, which was seconded by Councillor Mrs A R
Green.
Councillor B Smith seconded, as an amendment, the proposal for a site inspection.
The amendment for a site inspection was put to the vote. 7 Members voted in favour
and 7 against and on the casting vote of the Chairman, the amendment was declared
lost.
RESOLVED by 8 votes to 6
That the Head of Planning be authorised to approve this application
subject to no overriding objection being received from the outstanding
consultees and subject to the conditions listed in the report and all
other conditions considered to be appropriate by the Head of Planning.
(182) SCULTHORPE - PF/14/1186 - Change of use from
shed/garage/store to retail unit; 51 Sandy Lane for Mr C Smith
existing
cart
The Committee considered item 6 of the Officers’ reports.
Public Speaker
Mr C Smith (supporting)
Councillor T FitzPatrick, the local Member, stated that issues relating to opening
hours and the flue had been resolved. Four car parking spaces were now being
provided. He considered that the proposal would enhance the existing business.
Councillor R Reynolds, whose Ward adjoined the site, supported Councillor
FitzPatrick’s comments. His main concerns were parking, narrowness of the road
and damage to the grass verges. He had concerns regarding deliveries and use of
articulated lorries. However, the applicant had since indicated that goods could be
delivered to his builder’s yard and transferred to the site using a smaller vehicle.
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29 January 2015
The Major Projects Team Leader considered that deliveries could be restricted to
vehicles with a maximum 7.5 ton axle weight.
At the invitation of the Chairman, Mr Smith confirmed that the suggested restriction
would be acceptable.
It was proposed by Councillor R Reynolds, seconded by Councillor Mrs A ClaussenReynolds and
RESOLVED unanimously
That the Head of Planning be authorised to approve this application
subject to no new material issues being raised by Fakenham Town
Council following expiry of the consultation period, and subject to the
imposition of the conditions listed in the report and an additional
condition to restrict delivery vehicles to a maximum axle weight of 7.5
tons.
(183) SHERINGHAM - PF/14/1254 - Erection of front single-storey extension; Beeston
Hills Lodge, 64 Cliff Road for Mr H Slomka
The Committee considered item 7 of the Officers’ reports.
The Major Projects Team Leader read to the Committee the comments of Councillor
R Smith, a local Member. Councillor Smith considered that the proposal was not in
keeping with the existing building and would be overpowering to adjacent properties.
Further details had been received from the applicant’s building consultant which
indicated that the proposal was to provide a sheltered drying area for the occupants
of the building.
It was proposed by Councillor M J M Baker, seconded by Councillor R Shepherd and
RESOLVED unanimously
That this application be approved
recommendation of the Head of Planning.
(184) DEVELOPMENT
UPDATE
MANAGEMENT
AND
LAND
in
accordance
CHARGES
with
the
PERFORMANCE
The Committee considered the quarterly report on planning applications and appeals
for the period from October to December 2014, covering the turnaround of
applications, workload and appeal outcomes and Land Charges searches received.
(185) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 9 of the Officers’ reports.
(186) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 10 of the Officers’ reports.
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29 January 2015
(187) NEW APPEALS
The Committee noted item 11 of the Officers’ reports.
The Planning Legal Manager reported that the hearing in respect of Blakeney
PF/14/0785 would take place on 17 and 18 March at Sheringham Community Centre.
(188) INQUIRIES AND HEARINGS - PROGRESS
The Committee noted item 12 of the Officers’ reports.
(189) WRITTEN REPRESENTATIONS APPEALS - IN HAND
The Committee noted item 13 of the Officers’ reports.
(190) APPEAL DECISIONS – RESULTS AND SUMMARIES
The Committee noted item 14 of the Officers’ reports.
(191) COURT CASES – PROGRESS AND RESULTS
The Committee noted item 15 of the Officers’ reports.
(192) 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 Part I of paragraph 6 of Schedule 12A
(as amended) to the Act.
(193) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 16 of the Officers’ exempt reports updating the
situation previously reported concerning the schedule of outstanding enforcement
cases and unresolved complaints more than three months old as at 31 December
2014.
Officers updated the Committee on a number of cases.
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 1.05 pm.
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29 January 2015