5 APRIL 2012 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) M J M Baker Mrs L M Brettle Mrs A R Green P W High J H Perry-Warnes R Reynolds R Shepherd B Smith Mrs A C Sweeney Mrs V Uprichard J A Wyatt Mrs A Claussen-Reynolds - substitute for B Cabbell Manners E Seward – substitute for Mrs P Grove-Jones B J Hannah – Sheringham North Ward J D Savory - Priory Ward D Young – High Heath Ward K E Johnson - observer Officers Mr A Mitchell – Development Manager Mr R Howe - Planning Legal Manager Mr G Linder - Senior Planning Officer Miss J Medler – Senior Planning Officer Miss K Witton - Landscape Officer (237) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors B Cabbell Manners and Mrs P Grove-Jones. There were two substitute Members in attendance as shown above. (238) MINUTES The Minutes of a meeting of the Committee held on 8 March 2012 were approved as a correct record and signed by the Chairman. (239) ITEMS OF URGENT BUSINESS The Chairman stated that there were two items of urgent business which she wished to bring before the Committee, relating to: 1. A planning application at Wells-next-the-Sea, reference PF/12/0212. 2. A planning application at Worstead, reference PF/12/0356. In both cases the reason for urgency was to expedite processing of the applications by undertaking a site inspection. (240) DECLARATIONS OF INTEREST All Members declared interests, the details of which are given under the minutes of the items concerned. (241) THE TOWN & COUNTRY PLANNING (TREE PRESERVATION) (ENGLAND) REGULATIONS 2012 The Committee considered item 1 of the Officers’ report in respect of new Regulations regarding Tree Preservation Orders. The Landscape Officer answered Members’ questions in respect of the new Regulations. RESOLVED That the report be noted. 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. The Development Manager reported that there was nothing in the new National Planning Policy Framework which would significantly affect any of the applications before the Committee at this meeting. (242) MUNDESLEY - PF/12/0115 - Erection of replacement barn and stables; 35 Trunch Road for Mr Bonham The Planning Legal Manager stated that the applicant was known to Officers and some Members as he was a former colleague. However he was not aware of any prejudicial interests. The Committee considered item 2 of the Officers’ reports. Public Speakers Mr D Vale (objecting) Mr J Bonham (supporting) The Senior Planning Officer reported that Trunch Parish Council had also been consulted and its comments were awaited. She stated that the application site was approximately 0.25 ha and not 0.125 ha as stated in the report (page 5). The Senior Planning Officer reported the contents of two letters which had been received from an agent acting on behalf of the objectors which raised a number of points including the processing of the application, accuracy of the applicant’s submission, statements made in the Officer’s report, lack of response to points made in an objector’s letter and reconsultation on the amended plan. In response, the Senior Planning Officer stated that the site notice had been posted 9 days after registration of the application, which was not considered to be unreasonable, the District Council was not aware of when Parish Council meetings took place, Trunch Parish Council had now been consulted, the amendments were minor in nature and a full response had now been sent to the objector. Officers considered that the application had been dealt with correctly. In addition, the Senior Planning Officer reported that an email had been received from the applicant who considered that the Officer’s report addressed satisfactorily the concerns raised by the objectors. He had requested that there should be no deferral for a site inspection as this would delay the project by a year. The Senior Planning Officer requested delegated authority to approve this application subject to no objection from Trunch Parish Council and subject to the imposition of appropriate conditions. Councillor B Smith stated that the site was outside the village boundary and did not comply fully with adopted Core Strategy Policy SS2. He considered that photographs could be misleading and therefore proposed a site inspection. Councillor M J M Baker considered that the application related to a countryside pursuit and the building was well-designed and compatible with the location. He considered that there was no justification for a site inspection. He proposed approval of this application subject to retention of the hedge which subdivided the site. This was seconded by Councillor R Reynolds. Councillor J A Wyatt seconded Councillor Smith’s proposal for a site inspection. On being put to the vote, the amendment for a site inspection was declared lost with 5 Members voting in favour and 6 against. Councillor Mrs S A Arnold requested a condition in respect of lighting. It was proposed by Councillor M J M Baker, seconded by Councillor R Reynolds and RESOLVED by 8 votes to 4 That the Head of Planning and Building Control be authorised to approve this application subject to no objections being received from Trunch Parish Council and to the imposition of appropriate conditions including that the development should only be used for private purposes ancillary to the use of the land, demolition of the existing stables concurrently with the first use of the approved stables, those required by the Conservation, Design and Landscape Manager, retention of the dividing hedge, materials and lighting. (243) SALTHOUSE - PF/12/0098 - Erection of side extension; Havelock Barn, 4 Manor Farm Barns, Cross Street for D & M Hickling Properties The Committee considered item 3 of the Officers’ reports. Councillor D Young, the local Member, considered that taken in isolation the proposed extension would be reasonable. However, there had been objections to the proposal and previous applications on grounds of overdevelopment. There had been incremental growth of the development as a whole over a period of time. However, he considered that the development was not dissimilar to that in other villages in terms of its density. He suggested a possible site inspection, although some Members were already familiar with the site. It was proposed by Councillor P W High, seconded by Councillor J A Wyatt and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions including the use of matching materials. (244) SHERINGHAM - PF/12/0079 - Erection of one and a half storey dwelling; Land adjacent 21 Abbey Road for Mr J Perry-Warnes Councillor J H Perry-Warnes declared a prejudicial interest in this application as he was the applicant and left the Council Chamber during consideration of this item. All Members were acquainted with the applicant as he was a fellow Councillor. The Committee considered item 4 of the Officers’ reports. Public Speaker Mrs W Bryan (objecting) Councillor R Shepherd, a local Member, stated that 21 Abbey Road was an iconic building in Sheringham which originally stood in a large plot. He expressed concern at the impact of the proposed development on the amenity of neighbouring properties and overdevelopment of the site. He proposed that this application be refused. Councillor M J M Baker considered that approval would lead to more infilling in this part of Sheringham which would destroy the ambience of the area. He seconded the proposal. Whilst Members expressed concern at the impact on the neighbour to the north of the site, the Development Manager advised the Committee that in his view refusal on grounds related to that impact would be difficult to substantiate. Councillor Mrs A C Sweeney asked whether it would be possible to erect a small bungalow on the site. The Development Manager stated that any application would be considered on its merits. RESOLVED by 11 votes to 0 with 1 abstention That this application be refused on grounds that the proposal would result in a cramped form of development which would be out of keeping with the pattern and form of development; have a poor relationship with the existing dwelling with an unacceptable loss of amenity space to that dwelling; and it would be unduly overbearing and result in a loss of light to the dwelling to the north. (245) SHERINGHAM - PF/12/0160 - Retention of balcony and installation of screening; 31 Beeston Road for Mr H Ahrens The Committee considered item 5 of the Officers’ reports. Public Speaker Mr Baldwin (objecting) Councillor B J Hannah, a local Member, expressed concern at the design of the balcony, loss of privacy and intrusive impact on the neighbour. He considered that Section 17 of the Crime and Disorder Act 1998 should be taken into account. He was concerned that drinking and associated noise could occur near to the neighbour’s bedroom window. He considered that there was ample room in the garden for sitting out without causing blight to the neighbours’ lives. The Development Manager read to the Committee the comments of Councillor R Smith, a local Member, who requested refusal on grounds of non-compliance with adopted Core Strategy Policies EN2, EN4, and EN8 in terms of design, build quality and location. He considered that the design was not sensitive to the local context and did not enhance the surrounding area. Furthermore, the development would infringe on the neighbouring property, and blight the occupants’ outlook and quality and enjoyment of life. He considered that the amended design would not resolve the privacy concerns and would be out of keeping with the area. In answer to a question by Councillor M J M Baker, the Development Manager explained that the proposal now submitted sought to overcome the grounds on which the Inspector had dismissed an appeal against refusal of a previous application to retain the balcony. Councillor R Shepherd expressed concern at the design of the balcony and considered that the amended scheme would not prevent noise disturbance. He proposed refusal of this application. The Planning Legal Manager requested the Committee to authorise enforcement action in the event of refusal of the application. He stated that the applicant would have the right to appeal against both the refusal of the application and the enforcement notice. The Planning Legal Manager referred to comments by Councillor Hannah in respect of Section 17. He advised the Committee against refusal on this ground as there would need to be evidence to support it. It was proposed by Councillor R Shepherd, seconded by Councillor P W High and RESOLVED unanimously That this application be refused on grounds that the design of the balcony is inappropriate in the Conservation Area, has an overbearing and intrusive impact on the neighbouring dwellings, has potential for noise and disturbance and loss of privacy and related policy grounds. It was further RESOLVED unanimously That the Head of Planning and Building Control be authorised to serve an Enforcement Notice to require the removal of the unauthorised structure within three months of the effective date of the Notice for the reasons stated in the decision notice. (246) STIFFKEY - PF/11/1257 - Erection of ancillary holiday accommodation; Red Lion, 44 Wells Road for Stiffkey Red Lion Ltd The Committee considered item 6 of the Officers’ reports. Public Speaker Mr Lawrence (supporting) The Senior Planning Officer reported that the amended plans had been mislabelled and the proposal remained as six units. The agent had confirmed that air source heat pumps would not be used. The Senior Planning Officer reported that the Conservation, Design and Landscape Manager still had some reservations regarding the design, however significant improvements had been made and on balance he considered that the proposal was acceptable in design terms. However, he maintained his objection in respect of impact on the Conservation Area, AONB and landscape character. The Highway Authority’s objection also remained. The Senior Planning Officer recommended refusal on grounds related to the impact of the proposal on the Conservation Area, Area of Outstanding Natural Beauty and landscape character and on the highway grounds stated in the report. In response to a comment, the Development Manager stated that he was unsure at this stage whether it would be possible to mitigate the concerns regarding the scale of the building, such as lowering the ground level. Councillor J D Savory, a local Member, stated that the height of the building was a concern, however the adjacent bungalow already set a precedent. He stated that public houses had to diversify to survive. The Red Lion had already established a good reputation and there was potential to attract additional business through the letting of the proposed accommodation. He considered that the business was an asset to the local economy. He considered that the design was acceptable. Although he acknowledged the comments of the Highway Authority he was not aware of any accidents, a 20mph speed limit was in force and the narrowness of the road provided natural traffic calming. Regarding the shortfall in parking spaces, car parking at the site was self-regulating and there was no on-street parking in the village. Guests were likely to leave their vehicles at the site and use the coastal paths and local transport. He requested that the Committee consider whether, on balance, the economic benefits outweighed the landscape concerns in this case. Councillor M J M Baker stated that he was concerned about the environment but this was a tourist area and local businesses needed trade to survive. He considered that the visual intrusion would be minimal and would be outweighed by the economic and tourism benefits. He proposed approval of this application. Councillor R Reynolds stated that he had previously lived in the village for many years but did not know the proprietors of the business. Whilst he supported the application, he was concerned that the view from the public right of way could be compromised. He asked if it would be possible to lower the roof line so that it was level with that of the adjacent bungalow. He considered that traffic was selfregulating and it would not be possible to speed through the village. He stated that the occasional accident had occurred in the village but, as far as he was aware, none had occurred at this site. He seconded Councillor Baker’s proposal subject to amendment to reducing the height of the roof. Councillor Baker accepted the amendment to his proposal. The Development Manager considered that any delegated authority to approve this application should be subject to the applicant agreeing to amend the roof height. In response to a question by Councillor E Seward, the Senior Planning Officer explained the shortfall in parking spaces. Councillor Seward did not support the Highway Authority’s view with regard to safety as the road was self-regulating, there was a 20mph speed limit in force and he considered that there were no issues with regard to the access. He considered that the economic benefits outweighed any highway concerns and a sustainable business would help towards maintaining a sustainable community. The Planning Legal Manager gave advice on the wording of the reasons for approval of this application if the Committee was minded to do so. RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to reduction in the height of the building to the approximate height of the adjacent bungalow and subject to the imposition of appropriate conditions. Reason: The Committee considered the economic benefits which would flow from the development as it would sustain a well-established local business which is an asset to the village, the District and the tourism industry, and is mindful of existing jobs and the prospect of additional employment. The Committee is conscious of the highway objection but is aware that there is a 20mph speed limit in force and that the narrow roads are self-regulating in terms of speed. Weighing all these issues, the view of the Committee is that there are significant material considerations which outweigh the landscape and highway issues. (247) STODY - PF/11/1442 - Erection of two-storey/single-storey rear extensions and first floor side extension; Sunnyside Cottage, The Green, Hunworth for Mr Tollett The Committee considered item 7 of the Officers’ reports. Public Speaker Mrs Crawley (objecting) The Senior Planning Officer reported that an amended plan had been received which showed a hipped roof at the rear. A letter had been received from Stody Estate Limited withdrawing its previous objection on grounds that the amendment had helped to reduce the loss of light and overbearing impact on the neighbouring dwelling. The letter also suggested that significant improvements in the appearance of Sunnyside Cottage would be achieved by improvements to the front porch; however this did not form part of the proposed scheme. The Development Manager stated that whilst this application could not be linked to improvements to the porch, a letter could be sent to the applicant in support of the representations and inviting discussion on the matter. Councillor Mrs L M Brettle, the local Member, maintained her view that the proposal was overdevelopment of the site. Whilst the amendment had improved the scheme, she considered that there was scope for further improvement. She asked if it was necessary to build up to the boundary. Councillor P W High considered that the amended design was satisfactory. proposed approval of the application. He Councillor R Shepherd supported the local Member’s view. He considered that the extension would result in loss of light to the dwelling to the west. He considered that the design had to be right for the village and on balance was minded to refuse the application. Councillor Mrs Brettle proposed refusal of this application on grounds that the proposal was overdevelopment in a Conservation Area. Councillor B Smith considered that the footprint of the extension was far larger than the original building and did not fit in with the surrounding development. The Senior Planning Officer referred to Policy EN4. He stated that the extension could not be seen from any public vantage points. Councillor R Shepherd seconded Councillor Brettle’s proposal. Councillor Mrs A R Green considered that the proposal bore no resemblance to the Council’s Design Guide. The Development Manager referred to the comments of the Conservation, Design and Landscape Manager in respect of the existing extensions. If approved, the only part of the scheme which would be visible to the public would be the reconstruction at the front. RESOLVED by 10 votes to 1 with 1 abstention That this application be refused on grounds that the scale of the development is excessive and would have an adverse impact on the neighbouring dwelling by reason of loss of light and overbearing impact. (248) THURSFORD - LA/12/0126 - Internal alterations to first floor to provide en-suite bathrooms; Old Coach House, Fakenham Road for Mrs A Green Councillor Mrs A R Green declared a prejudicial interest in this application as she was the applicant and left the Council Chamber during consideration of this item. Councillor R Reynolds declared a personal interest as he had recently carried out work for the applicant. All Members were acquainted with the applicant as she was a fellow Councillor. The Committee considered item 8 of the Officers’ reports. It was proposed by Councillor J A Wyatt, seconded by Councillor R Shepherd and RESOLVED unanimously That this application be approved. (249) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION The Committee considered item 9 of the Officers’ reports. The Chairman stated that she also had determined that two site inspections be considered as a matter of urgency pursuant to the powers vested in her by Section 100B(4)(b) of the Local Government Act 1972 in order to expedite processing of the planning applications to which they related. RESOLVED That site visits be arranged in respect of the following applications and that the local Members and Chairmen of the Parish/Town Councils be invited to attend: LANGHAM - PF/12/0181 & LA/12/0182 - Conversion and extension of barns to provide hotel with swimming pool, restaurant and bar facilities, conversion of barn to four residential dwellings and erection of five holiday dwellings; land at Glass Barn, North Street for Avada Ltd WELLS-NEXT-THE-SEA – PF/12/0212 – Erection of dwelling and conversion of outbuilding to annexe; The Crown Hotel, The Buttlands for Mr P Parker WORSTEAD – PF/12/0356 - Variation of Condition 2 of planning permission reference: 11/0418 to permit retention of re-sited buildings, CCTV cameras and fencing; Solar Farm, Heath Road for Renpower Investments UK Ltd (250) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 10 of the Officers’ reports. (251) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 11 of the Officers’ reports. (252) NEW APPEALS The Committee noted item 12 of the Officers’ reports. (253) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 13 of the Officers’ reports. (254) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 14 of the Officers’ reports. (255) APPEAL DECISION The Committee noted item 15 of the Officers’ reports. The meeting closed at 12.05 pm. CHAIRMAN 3 May 2012