30 MAY 2013
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
Miss B Palmer
J H Perry-Warnes
R Shepherd
B Smith
Mrs A C Sweeney
Mrs V Uprichard
J A Wyatt
Ms V R Gay – North Walsham West Ward
Mrs A M Moore – North Walsham West Ward
Mrs A Claussen-Reynolds (observer)
P W Moore (observer)
E Seward (observer)
Officers
Mr S Oxenham – Head of Development Management
Mr R Howe – Planning Legal Manager
Mr G Linder – Senior Planning Officer
Mr C Young – Senior Conservation and Design Officer
Mrs M Moore – Planning Officer
(1)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
All Members were present.
(2)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(3)
DECLARATIONS OF INTEREST
Councillors Mrs A R Green, Mrs P Grove-Jones, J H Perry-Warnes, Miss B Palmer,
R Shepherd, Mrs V Uprichard and J A Wyatt declared interests in Minute 5. The
details are given under that minute.
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.
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30 May 2013
Having regard to the above information and the report of the Head of Development
Management, the Committee reached the decisions as set out below.
Applications approved include a standard time limit condition as condition number 1
unless otherwise stated.
(4)
NORTH WALSHAM - PF/12/1332 - Erection of building comprising eight flats
and one shop; 4 Market Street for MAZdev Ltd
The Committee considered item 1 of the Officers’ reports.
Public Speakers
Mr Robertson (North Walsham Town Council)
Mr Reynolds (supporting)
The Senior Planning Officer outlined the proposal. He emphasised the shortfall in
the basic amenity criteria for window to window distances.
The Head of Development Management reported that a letter had been received
from representatives of the owners of the adjacent building which had permission for
redevelopment. The owners of the building were unable to lease it whilst 4 Market
Street remained an eyesore and had asked to be kept informed as to when the
remains of the building would be removed.
The Senior Conservation and Design Officer explained that there were challenging
conservation and design issues in respect of this site in terms of its scale and impact
on adjacent Listed buildings. In terms of scale, the front of the site would reflect the
original building. The scale of the remainder of the proposal was at the upper limit of
acceptability but Officers did not consider that it was out of scale with the
surroundings. The impact on the Listed buildings would be neutral in terms of what
was there originally and positive in terms of the current situation. There would be
some harm in terms of views towards the Church, but Officers considered that the
benefits of stitching back the development into the streetscape would outweigh that
harm.
The Senior Planning Officer recommended approval of this application subject to the
conditions set out in the report.
Councillor Mrs A M Moore, a local Member, stated that she had received many
representations regarding the proposed development, mainly expressing concern
regarding the block which would face the church. She considered that this element
of the proposal was too tall and that three storeys would be more appropriate. She
was also concerned that a precedent would be set if the basic amenity criteria for
window to window distances were ignored. However, the benefit of tidying the site
was a material consideration.
Councillor Ms V R Gay, a local Member, referred to the history of this site. She had
sympathy with the views of the objectors. However, she supported the application as
the site was currently detrimental to the town. She requested that all conditions
should be monitored and considered that the archaeological conditions were very
important as the site was in a very interesting part of the town. She also requested
that the development should be energy efficient.
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30 May 2013
Councillor Mrs V Uprichard expressed concern that the situation had come about
with the building being allowed to fall into such disrepair. She referred to the
planning history of the site and the lack of progress, and considered that the
economic situation made it less likely that anything would be done. She supported
the views of the local Members. She considered that the proposed red brick would
be out of character with this part of North Walsham. However, there was a need to
resolve this matter and she proposed approval of this application as recommended.
The Senior Conservation and Design Officer stated that there was a mix of materials
in the area. Officers had attempted to negotiate a higher proportion of render, but
considered that the scheme was acceptable.
Councillor R Shepherd seconded the proposal.
RESOLVED unanimously
That this application be approved in accordance
recommendation of the Head of Development Management.
(5)
with
the
NORTH WALSHAM - PF/13/0417 - Removal of Condition 3 of planning
permission reference: 11/0212 (requirement for construction of attenuation
pond); Davenports Magic Kingdom, Cromer Road for Davenports Magic
Kingdom
Councillor Mrs V Uprichard declared a personal, non-prejudicial interest in this
application as Mr Davenport was a friend.
Councillors Mrs A R Green, J H Perry-Warnes, Miss B Palmer, R Shepherd and J A
Wyatt declared personal interests in this application as they were members of the
Norfolk Rivers Internal Drainage Board. Councillor Mrs P Grove-Jones declared that
she was a member of the Broads Internal Drainage Board.
The Planning Legal Manager advised Members that if, as a consequence of their
involvement in the Drainage Boards, they had already made up their minds on the
application they should declare a prejudicial interest and vacate the Council
Chamber, otherwise it was for them to decide as to their involvement in the meeting.
Councillor R Shepherd stated that he had discussed the matter with an IDB engineer
and would speak but not vote on this application.
The Committee considered item 2 of the Officers’ reports.
Public Speakers
Mr Robertson (North Walsham Town Council)
Mr Wagstaff (objecting)
Mr Griggs (supporting)
The Senior Planning Officer explained the flooding issues relating to this site and at
Bradmoor Farm and the existing attenuation measures. He understood that
agreement had yet to be reached between the owner of the site and the owner of
Bradmoor Farm regarding the second attenuation pond, and in the meantime the
entertainment centre had opened in breach of condition 3 of planning permission
11/0212. However, as an interim measure a swale had been constructed, with a
vortex system to regulate the amount of water being discharged to the existing pond.
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30 May 2013
Norfolk County Council Flood and Water Management had indicated that they would
not be opposed to varying condition 3 to allow the centre to open for 12 months. A
second attenuation pond was still required.
The Senior Planning Officer recommended approval of this application to amend
condition 3 of planning approval 11/0212 to require the entertainments centre to
cease operation on 31 May 2014, unless the attenuation pond approved under
planning permission 12/0871 has been constructed and linked to the surface water
drainage system from the Cromer Road site to the satisfaction of the Local Planning
Authority or it has been demonstrated to the satisfaction of the Local Planning
Authority in consultation with the Environment Agency, Norfolk County Council Water
Management team and Internal Drainage Board that the risk of surface water
flooding has been alleviated through on-site measures.
Councillor Ms V R Gay, a local Member, stated that she knew both the objector and
the applicant. She considered that they had both acted in good faith and it was
unfortunate that they had become embroiled in a situation which was not their fault.
She considered that the proposed amendment to the condition was the only
compromise possible, but that it was important to monitor the on-site flood measures
and that the Committee should be kept informed.
Councillor Mrs A M Moore, a local Member, considered that Grampian conditions
were always unsatisfactory. The applicant had no way of expediting the work
required to be done by his landlord. The applicant had proposed a solution to the
problem. However, the same amount of rain would fall whether the Magic Kingdom
was operating or not. She considered that there was no alternative but to allow the
centre to operate for a year and put pressure on the landlord to resolve the situation.
In response to a question by Councillor M J M Baker, Mr Griggs stated that he did not
know the capacity of the swale.
Councillor M J M Baker considered that it was unfair that the dismay over this
situation was being poured on the applicant, when there were other developments on
the same site. He considered that the Officer’s recommendation was good, but
expressed concern that should enforcement be necessary, it could be considerably
longer than 12 months before anything would happen.
The Head of Development Management explained that in the event of flooding or
agreement not being reached at the end of 12 months, the Committee would have
the ability to refuse to renew the permission and serve an enforcement notice to
require the business to close. In the event of an appeal any enforcement action
would be suspended until the appeal was heard. The recommendation was
designed to give the operator and other parties an incentive to resolve the matter
within 12 months.
Councillor M J M Baker stated that closure of the business would not prevent flooding
of Mr Wagstaff’s land.
Councillor R Shepherd considered that the Magic Kingdom needed to be open and
flooding needed to be addressed. He referred to the amount of concrete on the site
which was likely to increase with the development of a supermarket. He considered
that both the swale and a second attenuation pond would be necessary.
Councillor R Reynolds stated that he was satisfied with the interim measures.
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In answer to a question by Councillor Mrs A R Green, Mr Wagstaff explained that the
original pond had been built by Crane Fruehauf, the previous owner of the site.
Attempts had been made to alleviate flooding by soakaways and swales, but the
ground was not suitable.
Councillor Mrs V Uprichard strongly urged Officers to do whatever they could to
make the landlord take responsibility for the site. It was a very important site for
North Walsham, the Magic Kingdom was the only tourist attraction of its kind in the
world and visitors were expected from the continent as well as locally. She
supported Councillor Baker’s comments, and also the motion by Councillor
Shepherd.
Councillor P W High supported Councillor Ms Gay’s comments and requested threemonthly updates on how the measures were working.
The Planning Legal Manager suggested that an informative note be added to the
permission to ensure that the applicant liaises with the Environmental Health team.
The Committee supported this suggestion.
Councillor J H Perry-Warnes asked if there were any controls over the flow into
Skeyton Beck. The Senior Planning Officer explained that water would only be
discharged into Skeyton Beck if it reached a certain level.
It was proposed, seconded and
RESOLVED by 12 votes to 0 with 1 abstention
That Condition 3 of planning approval 11/0212 be amended to require
the entertainments centre to cease operation on 31 May 2014, unless
the attenuation pond approved under planning permission 12/0871 has
been constructed and linked to the surface water drainage system from
the Cromer Road site to the satisfaction of the Local Planning Authority
or it has been demonstrated to the satisfaction of the Local Planning
Authority in consultation with the Environment Agency, Norfolk County
Council Water Management team and Internal Drainage Board that the
risk of surface water flooding has been alleviated through on-site
measures.
The meeting closed at 10.40 am.
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30 May 2013