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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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29 July 2010