2 OCTOBER 2014 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 R Reynolds (Vice-Chairman) in the Chair M J M Baker Mrs L M Brettle Mrs A R Green Mrs P Grove-Jones Miss B Palmer J H Perry-Warnes R Shepherd B Smith Mrs A Sweeney Mrs V Uprichard J A Wyatt Mrs A Claussen-Reynolds - substitute for Mrs S A Arnold Mr P Williams - substitute for P W High Officers Mr A Mitchell – Development Manager Mr R Howe – Planning Legal Manager Mr M Ashwell – Planning Policy Manager Mr G Lyon – Team Leader (Enforcement and Special Cases) Mr J Williams – Team Leader (Major Developments) Miss J Medler – Senior Planning Officer Mr C Board – Senior Planning Officer Ms L Poole – Engineer (Major Developments) (NCC Highways) (90) APPOINTMENT OF VICE-CHAIRMAN FOR THE MEETING RESOLVED That Councillor Mrs L Brettle be appointed as Vice-Chairman for the meeting. (91) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors Mrs S A Arnold and P W High. Two substitute Members attended the meeting as shown above. (92) MINUTES The Minutes of meetings of the Committee held on 21 August and 4 September 2014 were approved as a correct record and signed by the Chairman. (93) ITEMS OF URGENT BUSINESS The Chairman stated that there were two items of urgent business which he wished to bring before the Committee, relating to requests for site inspections at Letheringsett and North Walsham. In both cases the reason for urgency was to expedite processing of the applications by undertaking site inspections prior to the consideration of full reports by the Committee. Development Committee 1 2 October 2014 (94) DECLARATIONS OF INTEREST Councillors Mrs A Claussen-Reynolds, R Reynolds and B Smith declared interests, the details of which are given under the minute of the item concerned. 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. (95) BINHAM - PF/14/1035 - Change of use of agricultural building to residential dwelling; Old Barn Farm, Binham Road, Wighton for SC & GM Savory & Sons The Chairman stated that all Members present knew the applicant who is a Member of the Council.. The Committee considered item 1 of the Officers’ reports. The Senior Planning Officer reported that the Landscape Officer had no objection subject to a condition to require development to be carried out in accordance with the mitigation in the protected species report. She reported that Councillor P Terrington, a local Member, supported the Officer’s recommendation. The Senior Planning Officer recommended approval of this application subject to the imposition of appropriate conditions. It was proposed by Councillor R Shepherd, seconded by Councillor M J M Baker and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions. (96) BRINTON - PF/14/0793 - Retention of timber buildings for use as storage; The Hawthorns, Thornage Road, Sharrington for Mr G Riches The Committee considered item 2 of the Officers’ reports. Public Speakers Mr M O’Kane (Brinton Parish Council) Mr R Dubbins (objecting) Mr G Riches (supporting) Development Committee 2 2 October 2014 The Senior Planning Officer recommended additional conditions relating to the function of the land, to prevent other structures and removal of permitted development rights for caravans. Councillor Mrs L Brettle, the local Member, referred to the Parish Council’s concerns that a dangerous precedent would be set for the Glaven Valley if this application were approved. She welcomed the Committee’s comments. Councillor M J M Baker requested clarification with regard to enforcement issues which had been raised in the representations. The Development Manager explained the background to the enforcement issues. He considered that the comments made related to the other plots which had been subdivided from the application site. The application related to relatively small timber buildings which were not subject to an enforcement notice and Officers were satisfied in terms of their impact on the Countryside. Councillor Mrs V Uprichard stated that she had sympathy with the Parish Council and local residents with regard to the neighbouring sites, but the Committee could only consider the current application. She proposed approval of this application as recommended. In response to a question by Councillor P Williams, the Senior Planning Officer stated that the buildings required planning permission as they were in the open countryside and the site was not large enough for permitted development rights to apply. Councillor R Shepherd considered that the application was not compliant with Core Strategy policies EN2 and EN4. In his opinion the proposal did not protect the landscape and was not sustainable. Members raised a number of issues relating to the adjacent sites. The Officers advised the Committee that this application had to be considered on its own merits. Councillor Mrs A Claussen-Reynolds seconded the proposal. Councillor Mrs L Brettle requested a two-year temporary approval to enable the development to be reviewed if necessary. The proposer and seconder accepted this request as an addition to their proposal. The Planning Legal Manager referred to the importance of the Glaven Valley to North Norfolk. He advised the Committee that the application had to be considered on its merits. He referred to a comment by the applicant that he was a local person and suggested, if the Committee so wished, that the permission could be made personal to the applicant. This would offer a significant degree of control, over and above the controls an Inspector would impose in the event of an appeal. Councillor M J M Baker supported the suggestion for personal permission and considered that a three-year permission would be more appropriate than two years as the applicant wished to grow fruit trees. The proposer and seconder accepted Councillor Baker’s suggestion. It was proposed by Councillor Mrs V Uprichard, seconded by Councillor Mrs A Claussen-Reynolds and Development Committee 3 2 October 2014 RESOLVED by 10 votes to 2 with 1 abstention That this application be approved for a temporary period of three years, personal to the applicant, subject to the imposition of appropriate conditions as stated in the report and additional conditions relating to the function of the land, to prevent other structures and removal of permitted development rights for caravans. (97) HEMPSTEAD - PF/14/0996 - Conversion of outbuilding to residential annexe; 2 Lodge Cottages, The Street for Miss A Price The Committee considered item 3 of the Officers’ reports. Public Speakers Mr P Quinn (objecting) Mr P Hartree (supporting) The Senior Planning Officer reported that the Parish Council unanimously objected to the proposal on grounds that the building was a unique structure in the Conservation Area and should be preserved, and concerns regarding lack of privacy, impact on neighbours, parking and access. She referred to the lack of objection from consultees. She recommended approval as stated in the report. Councillor J Perry-Warnes, the local Member, stated that he had been approached by the objecting spokesperson and was aware of a right of way issue which was not a planning matter. However, he considered that this application should be refused as the proposal would cause danger to the occupants of the end cottage. Councillor Mrs A R Green stated that this application was for an annexe, comprising only a bedroom and toilet, and could not be let as holiday accommodation. She proposed approval of this application in accordance with the Officer’s recommendation, which was seconded by Councillor P Williams. In response to a question by Councillor M J M Baker, the Senior Planning Officer drew attention to the proposed conditions which required the living accommodation to be incidental to the use of the main dwelling and not occupied at any time as a separate unit of accommodation. The proposed condition would tie the unit to the main dwelling. RESOLVED by 11 votes to 1 with 1 abstention That this application be approved recommendation of the Head of Planning. (98) in accordance with the HOLT - PO/14/0846 - Erection of up to 170 dwellings and associated infrastructure; Land south of Lodge Close, Holt for Gladman Developments Ltd Councillor Mrs A Claussen-Reynolds and Councillor R Reynolds declared a nonpecuniary interest in this application as they owned a holiday let in Holt. The Committee considered item 4 of the Officers’ reports. Development Committee 4 2 October 2014 Public Speakers Mr J Allison (Holt Town Council) Mr Greenwood (objecting) Mr T Ellis (objecting) Ms L Voyias (supporting) The Team Leader (Major Developments) reported that a letter had been received from CPRE (Norfolk) supporting the recommendation for refusal. Norfolk County Council (Minerals and Waste) had withdrawn their objection, subject to the imposition of a condition in respect of investigation and extraction of mineral deposits prior to development. The Team Leader (Major Developments) summarised the points made in representations which had been received from the applicant’s representatives which contested the Council’s five-year supply of housing land and housing need issues. He stated that whilst the methodology used in calculating the five-year housing land supply would be open to challenge, the Council had recently published a 5.48 year supply of housing land and he considered that there was no reason to deviate from that figure. Housing need was a wider issue for the plan review. The Team Leader (Major Developments) recommended refusal of this application on grounds relating to Development Plan policy, encroachment on the Countryside and over-capacity at the local primary school. Councillor M J M Baker, a local Member, stated that over the last 12 months substantial housing developments had been approved in Holt. Many people considered that far too many permissions had already been given. He considered that Holt could not take any additional development. He considered that Lodge Close was totally unsuitable to serve the development. He stated that the primary school was already stretched and the Education Authority was considering the application site as a possible location for a new primary school. He proposed refusal of this application in accordance with the Officer’s recommendation, which was seconded by Councillor J A Wyatt. Councillor J Perry-Warnes supported the Town Council’s objections, in particular with regard to the access road and fire risk from the adjacent Holt Country Park. RESOLVED unanimously That this application be refused in accordance with the recommendation of the Head of Planning. (99) HOLT - PF/14/0934 - Conversion and extension of outbuilding to provide residential annexe; 65 Cromer Road for Mr S Darling Councillor Mrs A Claussen-Reynolds and Councillor R Reynolds declared a nonpecuniary interest in this application as they owned a holiday let in Holt. The Committee considered item 5 of the Officers’ reports. Public Speaker Mrs J Worship (supporting) Development Committee 5 2 October 2014 The Senior Planning Officer stated that the Town Council had confirmed that it had no objection to this application. Councillor M J M Baker, a local Member, stated that there was a right of way along the rear of the cottages. He considered that the proposed additional accommodation would detract from the Victorian cottages. He considered that it would be difficult for cars to turn round, which would result in vehicles backing out onto the main road. He considered that the proposal would be overdevelopment, could be used for commercial gain and would not benefit the town. The Development Manager stated that rights of way issues were civil matters. The Highway Authority had been consulted and had raised no objection provided the accommodation was ancillary to the main dwelling. In response to a questions by Councillor M J M Baker, the Development Manager explained that further planning permission would be required for holiday use. The Planning Legal Manager stated that the proposed condition relating to annexe accommodation had been used in previous cases and not overturned on appeal. Annexe use would allow friends and family to stay but it could not be used as a commercial let. An additional condition could be added to specify no commercial lettings. It was proposed by Councillor Mrs L Brettle, seconded by Councillor Mrs A R Green and RESOLVED unanimously That this application be approved in accordance with the recommendation of the Head of Planning subject to a further condition to prevent commercial letting. (100) ITTERINGHAM - PF/14/0786 - Installation of access steps, replacement door, side ramp and rear ramp; Fair Meadow House, Wolterton Road for Mr & Mrs G Applin The Committee considered item 6 of the Officers’ reports. Public Speaker Ms S Wood (objecting) Councillor J Perry-Warnes, a local Member, considered that a much better scheme could be achieved. He expressed concerns as to how the scheme would work internally. He referred to the local objection to the scheme. He considered that it would not be possible for a large tractor to access the field at the rear. He proposed refusal of this application. Following clarification as to the height of the slope by the Senior Planning Officer, Councillor Mrs L Brettle proposed approval of this application in accordance with the Officer’s recommendation, which was seconded by Councillor R Shepherd. In response to a question by Councillor Mrs P Grove-Jones, the Senior Planning Officer stated that this application related only to external works. This application did not relate to internal alterations to the building. Development Committee 6 2 October 2014 Councillor M J M Baker requested further information as to the works to be carried out and the need for the ramp. Given the amount of local opposition he could not support this application. Mr Hilling, the applicant’s agent, stated that there was no disabled access to the premises. There was a set of steps to the premises and another to the unused part of the premises. The proposal would provide access to the level of half of the shop. The Development Manager added that this was an existing retail premises which was not forced to have disabled access, although in his opinion it would be an advantage to have it. Officers considered that there were no planning reasons to refuse on the basis of the physical works proposed. Councillor Mrs A C Sweeney asked how disabled visitors would get out of their cars given the lack of space. The Senior Planning Officer stated that the car parking arrangements for all customers was very informal. Councillor P Williams expressed concern with regard to the height and depth of the ramp and whether it complied with the requirements for disabled access. The Planning Legal Manager stated that owners of public premises were required to make reasonable provision for disabled access. According to local information there was a change in levels within the shop premises. Less able people were currently served in their cars which appeared to work well at the moment. The Senior Planning Officer stated that the height of the proposed ramp was controllable by planning condition. He suggested that clarification be sought with regard to the ramp with the Access Officer. It was proposed by Councillor Mrs L Brettle, seconded by Councillor R Shepherd and RESOLVED by 9 votes to 4 That this application be approved subject to clarification with regard to the ramp and subject to the imposition of appropriate conditions. (101) MUNDESLEY - PF/14/0626 - Use of land for siting six mobile units (4 caravans, 2 pods) for residential accommodation for family and friends and use of the existing dwelling for shared facilities (amended description); 67 Cromer Road for Mr & Mrs G Malone Councillor B Smith declared a non-pecuniary interest in this application as he was acquainted with Mrs Malone, although she was not a personal friend. The Committee considered item 7 of the Officers’ reports. Public Speakers Mrs L Curry (objecting) Mr G Malone (supporting) The Senior Planning Officer read to the Committee a further letter of objection had been received from a local resident. Development Committee 7 2 October 2014 Councillor B Smith, a local Member, considered that the current application was similar to the one previously refused. He supported the Parish Council’s objections and referred to the concerns of the local residents. He was concerned that there was a lack of clarity over the proposals. He considered that the buildings did not comply with Policy EN4, and the proposal was not compliant with Core Strategy policies SS3 and SS5 as it did not meet a housing need or encourage tourism and provide jobs. He considered that the application failed to comply with Policy EN2 as it did not enhance the character of the surrounding area of bungalows and family homes. He expressed concern regarding noise and light pollution. He proposed refusal of this application, which was seconded by Councillor J A Wyatt. Councillor J A Wyatt stated that the plan did not show any car parking for up to 12 cars and expressed concern regarding the appearance of the camping pods. The Senior Planning Officer and Planning Legal Manager advised the Committee with regard to the policy issues referred to by the local Member. The Planning Legal Manager advised the Committee that, if it were minded to refuse this application, the reasons for refusal of application PF/12/1441 would be appropriate, given the substantial overlap between the two applications. Councillor Mrs A C Sweeney expressed concern at the effect of fires on the health of children and requested a restriction could be placed on when and how often the occupants could have fires. She considered that the reinstatement of the hedge which had been removed would reduce the noise impact on nearby residents. The Development Manager stated that the previous application had included commercial elements, whereas this proposal was much more residential in nature with fewer units. The previous application had been refused on grounds of noise and disturbance to the amenities of neighbouring dwellings. Issues regarding design and appearance in the landscape had not been included. The Senior Planning Officer stated that Environmental Health had raised no objection but if nuisance arose from noise or pollution it would be dealt with under Environmental Health legislation. There was adequate car parking on site and the driveway was in the same ownership as the site. In response to a question by Councillor Mrs P Grove-Jones, the Senior Planning Officer stated that foul drainage would be by means of a treatment plant or connection to the sewer, but this would be dealt with under Building Regulations. It was proposed by Councillor B Smith, seconded by Councillor J A Wyatt and RESOLVED by 9 votes to 3 That this application be refused on grounds that the use could potentially cause noise and disturbance and would therefore be detrimental to the residential amenities of neighbouring dwellings. (102) RYBURGH - PF/14/0579 - Erection of four barley storage silos; Crisp Malting Group Ltd, Fakenham Road for Crisp Malting Group Ltd Councillor R Reynolds and Councillor Mrs A Claussen-Reynolds declared a nonpecuniary interest in this application as their electrical firm carried out work for Crisp Maltings from time to time. They had not discussed this application with the applicants. Development Committee 8 2 October 2014 The Committee considered item 8 of the Officers’ reports. The Team Leader (Enforcement and Special Cases) stated that there was a need to consider application PF/09/0966 in terms of cumulative impact. The Committee had carried out a site inspection. There had been a great deal of concern raised by objectors that insufficient information had been supplied to allow a decision to be made. A letter had been included in the Appendix to the report which answered some of the objectors’ questions. He referred to the issues which were set out in the appraisal section of the report. He requested delegated authority to approve this application as set out in the report. The Team Leader (Enforcement and Special Cases) referred to an email which had been received from Ryburgh Village Amenity Group and which had been circulated to all Members, criticising the handling of this application. He stated that he had advised the applicant that it would be necessary to submit a further planning application if they wished to increase the output tonnage of malt. He advised the Committee that, in his opinion, the issues raised in the letter would not prevent the Committee making a decision on the current application. Councillor J A Wyatt requested advice as to whether members of internal drainage boards could vote on this application. The Planning Legal Manager confirmed that this was not a disclosable pecuniary interest. Councillor Mrs A R Green, the local Member, stated that she did not object to four more silos but she was concerned with regard to creeping stealth development. She was happy with the proposed restrictions but considered that the site should not be allowed to get any larger. In response to a question by Councillor M J M Baker with regard to noise, the Team Leader (Enforcement and Special Cases) stated that noise arose when grain was moved. The Chairman added that the conveyor serving the silos was quiet when the silos were full, but noisy when empty. It was proposed by Councillor R Shepherd, seconded by Councillor J A Wyatt and RESOLVED by 12 votes to 0 with 1 abstention That the Head of Planning be authorised to approve this application subject to no objections from the Environmental Protection Officer following the receipt of additional noise details, and subject to the imposition of the conditions contained in the report. (103) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 9 of the Officers’ reports. (104) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 10 of the Officers’ reports. (105) NEW APPEALS The Committee noted item 11 of the Officers’ reports. Development Committee 9 2 October 2014 (106) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 12 of the Officers’ reports. (107) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 13 of the Officers’ reports. (108) APPEAL DECISIONS – RESULTS AND SUMMARIES The Committee noted item 14 of the Officers’ reports. (109) COURT CASES – PROGRESS AND RESULTS The Committee noted item 15 of the Officers’ reports. (110) APPLICATION RECOMMENDED FOR A SITE INSPECTION The Committee considered item 16 of the Officer’s reports and the following two items of urgent business. The Development Manager reported that three related applications for the conversion of buildings at Home Farm House, Blakeney Road, Letheringsett, references PF/14/1085, PF/14/1086 and PF/14/1087 had been called in by the local Member. He recommended that the Committee visit the site prior to consideration of a full report at a future meeting. The Development Manager reported that a local Member had requested a site inspection in respect of a planning application for a subterranean dwelling at Scarborough Hill, North Walsham, reference PF/14/0952. RESOLVED That the Committee undertakes the following site inspection and that the local Members and Town mayor or Chairman of the Parish Council be invited to attend: BRISTON - PF/14/0992- Erection of twelve shared ownership dwellings and garages; Holly House, The Lane for Options for Homes Limited OVERSTRAND - PM/14/0854 - Erection of ten dwellings; land at Hillingdon Park for A G Brown Ltd LETHERINGSETT – PF/14/1085 – Conversion of stables to dwelling; The Stables, Home Farm House, Blakeney Road for Mr R Garnett LETHERINGSETT – PF/14/1086 – Conversion of former dairy to dwelling; The Dairy, Home Farm House, Blakeney Road for Mr R Garnett LETHERINGSETT – PF/14/1087 – Conversion of coach house and stable to dwelling; The Coach House, Home Farm House, Blakeney Road for Mr R Garnett NORTH WALSHAM – PF/14/0952 – Erection of subterranean dwelling; land off Field Lane, Scarborough Hill for Mr & Mrs R Bird Development Committee 10 2 October 2014 (111) STAFFING The Chairman stated that Chris Board, the Senior Planning Officer, was attending his last meeting before leaving the authority. He expressed appreciation for the work he had done for the authority during his employment. He also introduced Lee Askew, who had recently commenced employment as a Trainee Planning Assistant. The meeting closed at 12.25 pm. Development Committee 11 2 October 2014