29 JULY 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 P W High S C Mears Mrs M Seward B Smith Mrs A C Sweeney P J Willcox M J M Baker - substitute for Mrs J Trett Mrs L M Brettle - substitute for J D Savory Mrs H P Eales - substitute for J H Perry-Warnes Mrs A M Fitch-Tillett - substitute for Mrs L Walker Mrs H T Nelson - Cabinet Member for Tourism and Member for Sheringham South Ward Ms V R Gay - observer Officers Mr S Oxenham - Head of Planning and Building Control Mr A Mitchell - Development Manager Mr I Thompson - Senior Planning Officer (East) Mr G Linder - Senior Planning Officer (West) Mrs E Smith - Solicitor (Standards and Governance) Miss K Witton - Landscape Officer (23) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors J H Perry-Warnes, J D Savory, Mrs J Trett and Mrs L Walker. There were four substitute Members in attendance as listed above. (24) MINUTES The Minutes of a meeting of the Committee held on 8 July 2010 were approved as a correct record and signed by the Chairman. (25) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which she wished to bring before the Committee. (26) DECLARATIONS OF INTEREST Councillors M J M Baker and Mrs H T Nelson (non-voting Member) declared interests, the details of which are given under the minute of the item concerned. Development Control Committee 1 29 July 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. (27) BACTON - PF/10/0557 - Erection of extensions to chalets and pitched roofs with sun terraces; 41-52, Rainbows End Chalet Park, Mill Lane for Tingdene Holiday Parks Ltd The Committee considered item 1 of the officers’ reports. Councillor B Smith, the local Member, stated that the amended plans had addressed his concerns regarding overlooking. It was proposed by Councillor B Smith, seconded by Councillor S C Mears and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to no further planning grounds of objection being raised to the amended plans following readvertisement and subject to the imposition of appropriate conditions. (28) BLAKENEY - PF/10/0447 - Erection of Storage Barn; Highfield House, 5 Wiveton Road for Mr and Mrs Langley The Committee considered item 2 of the officers’ reports. Public Speaker Mr Allebon (supporting) The Senior Planning Officer reported that a letter had been received from the applicants’ agent confirming that his clients would agree to retain the hedge at a minimum height of 3.5m and to paint the building in a dark brown stain. Councillor Mrs L M Brettle, the local Member, supported the views of the Parish Council. She stated that the building would not be screened by the hedge during the winter. She considered that the Highway Authority’s requirements in respect of the access would further impinge on the open countryside and AONB. She expressed concern regarding the size of the barn. Development Control Committee 2 29 July 2010 Councillor J A Wyatt considered that if the barn were relocated close to the garden boundary it would not be visible from the road. The Senior Planning Officer agreed that the position suggested by Councillor Wyatt would be preferable and suggested that this could be explored with the applicant. Councillor Mrs A M Fitch-Tillett considered that it would be more practical to have the barn closer to the house rather than in an isolated location as proposed. Councillor P J Willcox expressed concern at the design of the building. In response to a question Mr Allebon stated that he had suggested the proposed location because of the site gradient. He considered that it would have more impact in the location suggested by Councillor Wyatt. It was proposed by Councillor J A Wyatt and duly seconded that consideration of this application be deferred to consider alternative siting. Councillor Mrs L M Brettle asked if negotiations could take place regarding the design of the building. Councillor Mrs H P Eales supported the local Member’s views and considered that the current design was industrial in nature. Councillor Mrs A R Green proposed a site inspection which was not seconded. RESOLVED That consideration of this application be deferred for negotiations in respect of siting and design. (29) 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 personal interest in this application as his Company owned property to the east of the site. The Committee considered item 3 of the officers’ reports. Public Speakers Mr Williams (objecting) Mr Barnes (supporting) The Senior Planning Officer reported that the neighbour remained concerned regarding vibration from the kitchen area and noise from the bin storage area. A response had been received from the owner of the premises in respect of a further letter from the neighbour, referring to measures already taken to reduce noise disturbance, details of equipment used and waste disposal procedures. The applicant was prepared to install rubberised flooring which should reduce noise by a further 16 decibels. The comments of Environmental Health were awaited. The Senior Planning Officer requested delegated authority to approve this application subject to the Environmental Protection Team having no objection to the proposal and subject to the installation of rubberised flooring and the imposition of appropriate conditions. Development Control Committee 3 29 July 2010 Councillor P W High, a local Member, stated that he had visited the neighbouring dwelling and could hear humming from the refrigerator and footsteps on the stairs of the restaurant premises. He referred to the limited size of the storage area at the rear. Councillor S C Mears suggested that a small area of rubberised flooring be tested under the refrigerator to allow its effectiveness to be assessed. Councillor J A Wyatt considered that a closing time of 10 pm would assist the neighbour. In response to questions Mr Barnes confirmed that he would be willing to explore the suggestion made by Councillor Mears. However he would not be prepared to reduce the requested hours of opening. Councillor Mrs M Seward considered that this application should be deferred to investigate a solution that would be acceptable to both parties. In answer to a question Mr Williams stated that he would be willing to allow access to his garage in order for works to be undertaken to the floor joists. Councillor M J M Baker stated that he had had a similar situation with his business and the problem had been solved by installing rubber matting under a refrigerator. He proposed temporary approval until the end of August 2011 to allow the effectiveness of rubber matting to be monitored. Mr Barnes indicated that he would be willing to accept a temporary permission. Councillor P J Willcox seconded the proposal on the basis that sound proofing measures were installed prior to the extension of opening hours. Councillor P W High proposed deferral of this application to await the comments of Environmental Health and to seek views in respect of the effectiveness of rubber matting in resolving the noise issue. This was seconded by Councillor Mrs M Seward. RESOLVED by 9 votes to 4 That consideration of this application be deferred to await the comments of Environmental Health and to seek views in respect of the effectiveness of rubber floor covering in resolving the noise issue. (30) NORTHREPPS - PF/10/0419 - Erection of one and a half-storey dwelling; Land rear of former garage, Norwich Road, Cromer for SJD Enterprises The Committee considered item 4 of the officers’ reports. Councillor Mrs A M Fitch-Tillett, the local Member, considered that the neighbouring dwelling in The Ridgeway would suffer loss of light, particularly in the winter months. She requested a site inspection to include viewing the site from The Ridgeway. In answer to a question by Councillor P W High, the Senior Planning Officer stated that it would be difficult to lower the ground level of the site, which was also crossed by Anglian Water sewer pipes. Development Control Committee 4 29 July 2010 It was proposed by Councillor P W High, duly seconded and RESOLVED by 11 votes to 1 That this application be approved subject to the imposition of conditions in respect of amended plans, obscure glazing in the bathroom window, fencing on the east boundary, Code for Sustainable Homes level 2, materials, parking and turning area and the provision of a frontage footway. (31) SHERINGHAM - PF/10/0639 - Change of use from A1 (retail) to A5 (hot food take-away); 10 Station Approach for Mr Miah Councillor Mrs H T Nelson, a local Member, declared a personal interest in this application as she knew objectors who were already affected by odour from other businesses. The Committee considered item 5 of the officers’ reports. The Senior Planning Officer reported the applicant’s response in respect of waste disposal and bin storage. The applicant was also willing to restrict his opening hours to 12 midnight on each day. The Community Safety Manager had made comments in respect of antisocial behaviour in the town and had recommended a closing time of 11 pm. However, the Senior Planning Officer considered that it would be unreasonable to require the business to close at 11pm when similar businesses in the locality traded beyond 11 pm. The comments of Environmental Health in respect of the bin storage arrangements were awaited. The Senior Planning Officer requested delegated authority to approve this application subject to no new grounds of objection from Environmental Health and subject to the imposition of appropriate conditions including opening hours from 12 noon to 12 midnight on any day. Councillor Mrs H T Nelson, a local Member, referred to traffic problems in the locality. She considered that another takeaway business was too much. Councillor S C Mears expressed concern at the waste disposal arrangements proposed by the applicant. Following discussion it was proposed by Councillor P J Willcox, seconded by Councillor S C Mears and RESOLVED by 11 votes to 1 That the Head of Planning and Building Control be authorised to approve this application subject to no objections from Environmental Health and the imposition of appropriate conditions to include a restriction on opening hours from 12 noon to 11 pm on any day. Development Control Committee 5 29 July 2010 (32) WEYBOURNE - PF/10/0577 - Use of land for the stationing of 13 woodland lodges; Weybourne Hall Holiday Park, Sheringham Road for Merton Park Ltd The Committee considered item 6 of the officers’ reports. Public Speakers Mr Wood (Weybourne Parish Council) Mr Torpey (objecting) Mr Hutchison (supporting) The Senior Planning Officer reported the contents of a letter which had been received from the owner of Weybourne Mill objecting to this application. Councillor H C Cordeaux, the local Member, referred to some of the correspondence he had received objecting to this application. He proposed refusal of this application on grounds that the development would be contrary to Core Strategy policy EN1 given the impact of the proposal and its cumulative effect on the North Norfolk Coast Area of Outstanding Natural Beauty, and Core Strategy policy EN2 given the unsympathetic effect of the proposal on landscape character. Councillor Mrs H T Nelson, Portfolio Holder for Tourism, stated that tourism was vital to the wellbeing of the District, together with conservation and biodiversity. She considered that this was a sensitive and delicate location and people wanted uninterrupted views from the coastal footpath. They did not want to see the chalets. Councillor M J M Baker considered that the advice given by the Conservation, Design and Landscape team in this case was inconsistent with that given in respect of other matters considered recently by the Committee. He compared the beech trees on this site with those at Felbrigg Park which were much older. He seconded the proposal. The Development Manager stated that the health of the trees on the site was completely different from those at Felbrigg because of the location they were in and the effect of the wind in this position. A practical view had been given based on this particular case. The Landscape Officer explained that the trees on this site had very few lower branches because of the salt laden winds and did not have the same longevity as those at Felbrigg. The trees would show signs of deterioration and could become a health and safety issue. If the wood was left unmanaged there would be a change in the species as the beech trees died off. Long term management was necessary to ensure the retention of the woodland feature. In response to a question by Councillor Mrs A M Fitch-Tillett regarding the survival of new planting, the Landscape Officer explained that the management plan and conditions attached to any permission would ensure that any trees which died within five years would be replaced. Members expressed concerns regarding the life expectancy of the trees and possible danger. The Landscape Officer explained that it was difficult to assess the life expectancy of the trees. Those in better physiological condition would have a longer life expectancy but if some trees were felled the wind could have a greater impact on the remaining trees. Development Control Committee 6 29 July 2010 Councillor Mrs H P Eales stated that Councillor J H Perry-Warnes, for whom she was substitute, supported Councillor Cordeaux’s objections and considered that the woodland was a lovely and special copse of trees. She considered that if the trees had adapted to their location any changes to the surrounding area would affect the trees. Councillor M J M Baker expressed concern at the effectiveness of conditions proposed to protect the site given the reactive nature of enforcement in the District. Councillor S C Mears asked if it was possible to have a management plan for the site if planning permission were not granted. The Landscape Officer explained that there was no requirement for a management plan on the basis that the site was within the AONB. The site was not within the Site of Special Scientific Interest (SSSI) which in any case was based on its geological character. A woodland Tree Preservation Order could require a management plan but in this case the trees were not covered by such an order. A management plan could not be strictly enforced. It was proposed by Councillor H C Cordeaux, seconded by Councillor M J M Baker and RESOLVED unanimously That this application be refused on grounds of the potential adverse visual impact of the development from the coastal footpath, and the effects on a significant landscape feature and related Core Strategy policies. (33) SHERINGHAM: 10/0143 Land to the rear of 20 Hooks Hill, Road The Committee considered item 7 of the officers’ reports concerning the alterations to ground level on land to the rear of 20 Hooks Hill Road, Sheringham. The Development Manager reported in detail the contents of a letter which had been received from Solicitors acting for a neighbour. The Development Manager considered that it was unlikely that planting along the wall would be successful. However, the blockwork wall could be made more recessive by the use of through-colour render and a fence erected along the entire boundaries of both plots. He recommended that the Committee be minded to serve an Enforcement Notice to require the ground levels to be restored to their former level unless the developer is prepared to render the wall and erect a 1.8m fence along the boundaries of both plots. Councillor Mrs H T Nelson, a local Member, supported the recommendation. Councillor H C Cordeaux questioned whether the wall had adequate footings and considered that this should be investigated. Councillor M J M Baker considered that the suggested remedial works did not go far enough and requested that the retaining wall should be continued along the entire length of the boundary and brick faced and a 1.8m fence erected along the entire length of both plots. Development Control Committee 7 29 July 2010 It was proposed by Councillor M J M Baker, seconded by Councillor H C Cordeaux and RESOLVED unanimously That the Committee is minded to serve an Enforcement Notice to require the previous ground levels to be restored along the boundary unless successful negotiations take place for the continuation of the retaining wall along both plots, the wall to be brick faced with appropriate red bricks and a 1.8m fence erected along the entire length of both plots within 3 months of the date of this decision. (34) PLANNING PERFORMANCE UPDATE The Committee noted item 8 of the officers’ reports updating Members on the quarterly performance statistics covering the planning service for the period from April to June 2010. (35) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 9 of the officers’ reports. (36) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 10 of the officers’ reports. (37) NEW APPEALS The Committee noted item 11 of the officers’ reports. (38) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 12 of the officers’ reports. (39) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 13 of the officers’ reports. (40) APPEAL DECISIONS The Committee noted item 14 of the officers’ reports. (41) 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. Development Control Committee 8 29 July 2010 (42) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES The Committee considered item 15 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 30 June 2010. Councillor B Smith stated that he 01/071/DEV6/09/002 had been resolved. had previously reported that case RESOLVED 1. That the contents of the report and the annexed Schedules of Current Enforcement Cases be noted. 2. That the cases where compliance has been achieved, including case reference 01/071/DEV6/09/002 (Mundesley), be removed from the first Schedule. The meeting closed at 12.25 pm. Development Control Committee 9 29 July 2010