DEVELOPMENT COMMITTEE Councillors

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7 APRIL 2016
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 (Chairman)
R Shepherd (Vice-Chairman)
Mrs S Butikofer
Mrs A Claussen-Reynolds
N Coppack
Mrs P Grove-Jones
S Hester
P High
N Pearce
P Rice
B Smith
Mrs V Uprichard
Mrs A Green – substitute for N Smith
Mrs M Prior – substitute for S Shaw
Mrs J English – Briston Ward
A Wells – Glaven Valley Ward
Mrs S Arnold – Portfolio Holder (Planning)
J Rest – Portfolio Holder (Corporate Assets)
Officers
Mrs S Ashurst – Development Manager
Mr G Lyon – Major Projects Manager
Mr R Howe – Planning Legal Manager
Mrs N Turner – Housing Strategy & Community Development Manager
Miss S Hinchcliffe – Major Projects Team Leader
Miss J Medler – Development Management Team Leader
Mr D Watson – Development Management Team Leader
(228) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors S Shaw and N Smith. Two
substitute Members attended the meeting as shown above.
(229) MINUTES
The Minutes of meetings of the Committee held on 25 February and 10 March 2016
were approved as correct records and signed by the Chairman.
(230) ITEMS OF URGENT BUSINESS
The Development Manager recommended that the Committee undertake a site
inspection in respect of the following application in order to expedite the processing
and aid understanding of the application:
CROMER – PF/15/1553 – Erection of two and a half storey detached dwelling;
land at Old Zoo Site, Howards Hill for Swallowtail Properties Ltd.
RESOLVED
That a site inspection be undertaken.
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7 April 2016
(231) DECLARATIONS OF INTEREST
Minute
239
239
Councillor:
Mrs A Claussen-Reynolds
R Reynolds
Interest
Has been approached by the applicant and
objectors (objectors by email only)
Knows applicants but had no dealings with
this application.
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.
(232) BACTON - PF/16/0033 - Erection of front extension; Sunridge, Mill Lane for Mr &
Mrs J Peterson
The Committee considered item 1 of the Officers’ reports.
It was proposed by Councillor B Smith, seconded by Councillor R Shepherd and
RESOLVED unanimously
That this application be approved as amended plans had been received
showing the dormers removed, and subject to the imposition of the
conditions listed in the report.
(233) BLAKENEY - PF/15/1540 - Proposed overflow car parking area for Blakeney
Hotel; Blakeney Hotel, The Quay for Blakeney Hotel
The Committee considered item 2 of the Officers’ reports.
Public Speakers
Mr T Faulkner (Blakeney Parish Council)
Miss E Stannard (supporting)
The Development Management Team Leader reported that the conclusion on page 17
of the report should refer to Policy CT1 instead of EN1. Four further representations
had been received in respect of the amended plans which did not raise additional
issues to those addressed in the report. One of the occupiers of The Pastures had
acknowledged that the amended plans had achieved a better relationship with her
property.
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7 April 2016
The Development Management Team Leader reported in full the comments of
Blakeney Parish Council and the Trustees of The Pastures, both of which objected to
this application.
The Development Management Team Leader reported that Councillor A Wells, the
local Member, considered there could be unproven rights over the land which could
only be judged in Court and that there was no evidence to support claims made by the
applicants that the car park would improve the business or that business had been lost
because of the lack of parking.
The Development Management Team Leader stated that the site was within a
Conservation Area, which was not explicit in the report. He stated that the issues
were finely balanced and recommended approval of this application in accordance
with the recommendation in the report.
Councillor A Wells, the local Member, stated that there was no proven right of access
but the land had been used for walking for over 30 years. He considered that it was
important to protect open spaces. There was no compelling evidence to suggest that
custom had been lost because of the lack of parking or that additional parking would
attract more customers. He referred to the small proportion of reviews on Trip Advisor
which had mentioned parking. The applicants had not demonstrated that parking
need could be addressed in other ways. Contrary to the applicant’s assessment, the
village hall car park was approximately 250 metres away and there was no evidence
that the road was too dangerous for staff and customers to cross. He urged the
Committee to refuse this application as it was contrary to Policy CT1.
In response to questions by the Chairman, the Development Management Team
Leader stated that all trees were to be retained. The bund would only screen the
bottom of the cars but the Landscape Officer had advised that retention of the open
area would be preferable to dense tree planting.
Councillor R Shepherd considered that seasonal parking for 15 cars as now proposed
was acceptable. He proposed approval of this application as recommended.
Councillor Mrs S Butikofer expressed concern with regard to the impact on the
Conservation Area and AONB.
Councillor S Hester stated that the Village Hall provided a good amount of car parking
and there was a pedestrian crossing nearby. The Pastures was one of the iconic
views of Blakeney and he considered the car parking would detract from the views of
the coast.
Councillor Mrs A Claussen-Reynolds considered that an overspill car park for 15 cars
would not be a problem. It would not be permanently full and would only operate from
April to December with restrictions and passcode entry. She seconded the proposal.
Councillor N Pearce expressed concern regarding the management of the car park as
it was distant from the hotel. He considered that the proposal would be detrimental to
the whole area.
Councillor B Smith considered that it was important to retain open areas within village
centres. He considered that the proposed bund would not enhance the area but
would detract from it.
The proposal to approve this application was put to the vote and declared lost with 4
Members voting in favour and 9 against.
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7 April 2016
It was proposed, seconded and
RESOLVED by 9 votes to 4
That this application be refused on grounds related to Core Strategy
Policies EN1, EN8, CT1 and EN2 and that Officers be authorised to draft
reasons for refusal in respect of those policies.
(234) BRISTON - PF/15/1746 - Erection of 12 shared ownership dwellings and garages;
Holly House, The Lane for Option for Homes Limited
The Committee considered item 3 of the Officers’ reports.
Public Speaker
Mr R Watts (supporting)
The Major Projects Manager reported that a plan indicating the modifications
requested by the Highway Authority was awaited. He requested delegated authority
to approve this application in accordance with the recommendation in the report.
Councillor Mrs J English, the local Member, was pleased that development was taking
place in Briston, particularly for young people. However, she shared the concerns of
the Parish Council and local residents and re quested a site inspection. She was also
concerned regarding higher rents and insufficient affordable housing.
In response to Members’ questions, the Housing Strategy & Community Development
Manager explained that if the dwellings could not be delivered as proposed, the
Section 106 Agreement would ensure that the dwellings were provided as an
alternative form of affordable housing. Priority criteria had been agreed with the
applicants which would require the dwellings to be sold to people with connections to
Briston in the first instance, followed by North Norfolk and then further afield. The
application had been made under the Housing Incentive Scheme which required 20%
of the dwellings to be affordable. If the dwellings were not delivered in accordance
with the schedule, 50% affordable dwellings would be required. She explained that
maintenance issues had been explored with the applicant and the proposed model
would be no more burdensome than shared ownership. The applicants would not be
pursuing the proposed model if the dwellings were not mortgageable. The Section
106 agreement would have safeguards to ensure affordability and if a resident partner
acquired the whole of the dwelling, the applicants would provide a replacement
dwelling under the co-ownership model elsewhere in the District.
It was proposed by Councillor P W High, seconded by Councillor N Coppack and
RESOLVED unanimously
That consideration of this application be deferred to allow the
Committee to undertake a site inspection.
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(235) COLBY - PF/16/0037 - Variation of condition 2 of planning permission ref:
14/0042 to permit flat roof to pitch, insertion of velux windows to facilitate
accommodation in roofspace and revised window and door design; Colby
Wesleyan Reform Chapel, Long Lane for Mr N Andrews
The Committee considered item 4 of the Officers’ reports.
Public Speaker
Mrs C Andrews (supporting)
Councillor Mrs A R Green considered that this was a reasonable proposal and
proposed approval of this application in accordance with the recommendation in the
report. This was seconded by Councillor Mrs P Grove-Jones.
RESOLVED unanimously
That this application be approved
recommendation of the Head of Planning.
in
accordance
with
the
(236) COLBY - PF/16/0165 - Widening of vehicle access and parking area; Bracora,
Colby Road, Banningham for Mrs L Grice
The Committee considered item 5 of the Officers’ reports.
Councillor Mrs A R Green proposed approval of this application as recommended,
which was seconded by Councillor Mrs P Grove-Jones.
Councillor Mrs Grove-Jones asked if it was possible to trim the lower branches of the
tree to improve visibility, instead of removing it as proposed.
The Development Management Team Leader stated that the tree was not protected
and no objection had been raised by the Landscape Officer to its removal.
It was suggested that an advisory note be attached to the permission regarding the
possible retention of the tree.
RESOLVED unanimously
That this application be approved subject to the imposition of
conditions as listed in the report, and that an advisory note be added to
the permission regarding the possible retention of the tree.
(237) ERPINGHAM - PF/15/1587 - Erection of 10 dwellings and garages with access off
Eagle Road; Land to the south of Eagle Road for Mr Alston
The Committee considered item 6 of the Officers’ reports.
Public Speaker
Mr A Irvine (supporting)
The Major Projects Team Leader reported that three further letters of objection had
been received in respect of the amended plans raising concerns which had been
raised previously and were covered in the report. She read to the Committee the full
comments of the Parish Council raising concerns regarding foul and surface water
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drainage, sustainability and highway safety. She requested delegated authority to
approve this application in accordance with the recommendation in the report.
Councillor Mrs A R Green reported that Councillor N Smith, the local Member,
objected to this application. He considered that the access was dangerous, the
location was unsustainable with no shops and was 4 miles away from the nearest
town, with a bus service which was unsuitable for people travelling to work and the
school was full. There were problems with overflowing sewage.
Councillor Ms M Prior stated that there were proposals to deal with the foul and
surface water sewerage problems. She considered that the mix of housing was good
with 60% affordable housing being proposed. She considered that the Section 106
agreement and proposed conditions covered the concerns which had been raised and
proposed delegated approval as recommended. This was seconded by Councillor P
W High.
Councillor B Smith asked if the water run-off could be dealt with by subterranean tanks
rather than the proposed attenuation basin to allow a play area to be provided.
The Major Projects Team Leader explained that there were more benefits with the
attenuation basin as the area would only provide a very small green space and as
proposed it would allow vegetation to be introduced.
Councillor Mrs A Claussen-Reynolds referred to concerns raised by the Parish Council
regarding the applicant’s pre-application consultation. The Major Projects Team
Leader explained the consultation process which had taken place and stated that
there may have been some confusion as two similar applications were the subject of
consultation on at the same time.
In response to a question by Councillor P Rice, the Major Projects Team Leader
explained that conditions would be imposed to ensure the long term maintenance of
the attenuation basin.
Councillor Mrs P Grove-Jones asked if consent had been obtained from the Internal
Drainage Board. The Major Projects Team Leader explained that consent would be
required if discharge was increased, but the rate of discharge was not expected to be
greater than at present. This was separate from the planning process.
RESOLVED by 11 votes to 1
That the Head of Planning be authorised to approve this application
subject to:
(i)
Prior completion of a Section 106 agreement in accordance with the
terms set out in the report.
(ii) Appropriate conditions relating to; highways construction and
construction worker parking, provision of a visibility splay and offsite highway works, materials of construction and joinery details,
hard and soft landscaping (including surfacing and means of
enclosure), archaeological works, arboricultural and ecological
mitigation, full details of surface and foul water drainage, adoption
and maintenance of drainage features, provision of a fire hydrant,
details of 10% renewable technologies, details of any proposed
external lighting and any other conditions considered to be
appropriate by the Head of Planning.
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7 April 2016
(238) FAKENHAM - PF/15/1529 - Conversion of unused tennis court area to staff carparking area (retrospective); Fakenham Connect, Oak Street for North Norfolk
District Council
The Committee considered item 7 of the Officers’ reports.
Public Speaker
Mr J Rockett (objecting)
Members expressed their disapproval at the retrospective nature of this application,
particularly given the stance taken with other developers. The Planning Legal
Manager stated that Officers were taking steps to ensure that it did not happen again.
Councillor J Rest, Portfolio Holder for Corporate Assets, explained that this
development was behind the Fakenham Connect building which was owned by the
Council. Works were required to bring unused parts of the building back into use to
rent out to the Department of Work and Pensions and Early Help Centre and the
unused tennis court area was opened up to allow the contractors to use it. It became
obvious that people working in the building would need somewhere to park and other
car parks in the town were well used. It seemed obvious to ask the contractors to do
the work while they were on site as it was more cost effective than bringing them back.
The car park was being rented out to the services which used the building.
Councillor Mrs S A Arnold, Portfolio Holder for Planning, requested that the Committee
support the proposal and request that the Head of Planning present a report to a
future meeting outlining the steps taken to avoid future retrospective applications by
the Authority.
Councillor S Hester considered that this application should be deferred until a report
into this matter was available.
Councillor P Rice referred to the requirement to consider retrospective applications as
though development had not taken place. He proposed that this application be
approved in accordance with the Officer’s recommendation. This was seconded by
Councillor Ms M Prior.
RESOLVED by 10 votes to 1 with 2 abstentions
That this application be approved subject to conditions requiring a
monitoring scheme for the health of the trees, lighting and all other
conditions considered to be appropriate by the Head of Planning.
(239) FAKENHAM - PF/16/0104 - Variation of condition 2 of 06/0738 to allow alterations
to roof, rooflights and windows including installation of 2 gable end windows to
second floor; Land to rear of 16 Queens Road for Mr Rockett
The Committee considered item 8 of the Officers’ reports.
Public Speakers
Mr B Johnson (objecting)
Mr J Rockett (supporting)
The Development Management Team Leader displayed aerial photographs indicating
the location of surrounding buildings, photographs, and plans of the proposed
windows. She considered that the gable end windows would create additional
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7 April 2016
overlooking and recommended that the windows be obscure glazed and nonopenable.
Councillor Mrs A Claussen-Reynolds, a local Member, reported that following
conversations with the applicant she had visited the site. The proposed gable
windows would be high in the gable and used to provide additional light and
ventilation. She considered that they would not cause loss of privacy to the gardens.
She proposed approval of this application with clear glazing and top-hung windows.
This was seconded by Councillor Ms M Prior.
RESOLVED unanimously
That this application be approved with the gable windows being clear
glazed and top hung, and subject to the re-imposition of all conditions
still in force under the original permission.
(240) MORSTON - PF/15/1312 - Demolition of dwelling and erection of replacement
dwelling; Larkfields, 144 Morston Road for Mr & Mrs M Goff
The Committee considered item 9 of the Officers’ reports.
Public Speaker
Mr Bob Delafield (supporting)
The Development Management Team Leader outlined the changes which had been
made to the proposal following the previous meeting. She reported that Morston and
Blakeney Parish Councils had no objection to the amended plans. Objections had
been received from the Landscape Officer, Norfolk Coast Partnership and a local
resident.
The Development Management Team Leader recommended refusal of this application
as set out in the report.
Councillor P W High referred to the reasons for deferral of this application at the
previous meeting and considered that the applicant had met the requirements. He
proposed approval of this application.
Councillor R Shepherd supported the view of the Officers. He expressed concern
regarding the lack of detail regarding the proposed lower ground floor and how visible
it would be from the coast. He considered that the footprint was too large and that
moving the building back by 1 metre was derisory. He proposed refusal of this
application as recommended.
Councillor Mrs A Claussen-Reynolds seconded the proposal by Councillor P W High
to approve this application.
Councillor B Smith referred to the Landscape Officer’s report. He considered that this
application contravened many of the Council’s policies. He expressed concern
regarding the impact on the landscape, scale and massing of the proposed
development.
The Planning Legal Manager advised the Committee that a proposal to refuse this
application would be a direct negative of the original proposal by Councillor P W High,
which had been seconded.
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7 April 2016
Councillor P Rice considered that the proposed building should have been moved
back by 5 metres. He liked the design of the house but it needed to be set further
back to reduce the impact on the AONB.
Other Members of the Committee expressed opinions both in favour and against this
application.
The proposal to approve this application was put to the vote and declared lost with 6
Members voting in favour and 7 against.
It was proposed by Councillor B Smith, seconded by Councillor R Shepherd and
RESOLVED by 7 votes to 6
That this application be refused in accordance with the recommendation
of the Head of Planning.
(241) NORTH WALSHAM - PF/15/1819 - Removal of condition 1 of planning permission
reference PF/13/1335 to allow use of land for hand car wash and valeting
services, including retention of canopy and two containers on a permanent
basis; Land at 29 New Road for Mr M Meizeraitis
The Committee considered item 10 of the Officers’ reports.
Public Speakers
Mrs C Seagrave (objecting)
Mr C Purkiss (supporting)
The Development Management Team Leader recommended refusal in accordance
with the recommendation contained in the report and requested authority to
commence enforcement action.
Councillor Mrs V Uprichard, a local Member, referred to comments made by the
supporting speaker as the proposals to address the issues, but considered that it was
too little, too late. The applicant had had 18 months to prove the business could be
operated under the conditions imposed on the temporary permission, but had not
done so. She referred to the impact on the lives of nearby residents. Whilst she did
not like to see a successful business closed down, she considered there was no
choice but to refuse this application. She proposed refusal in accordance with the
Officer’s recommendation, which was seconded by Councillor R Shepherd.
RESOLVED unanimously
That this application be refused in accordance with the recommendation
of the Head of Planning.
It was further
RESOLVED unanimously
That the Head of Planning be authorised to serve an enforcement notice
requiring the unauthorised use to cease and the associated structures
to be removed from the site within 3 months of the effective date of the
notice.
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7 April 2016
(242) WELLS-NEXT-THE-SEA - PF/15/1761 - Erection of single-storey rear extension;
Seal Cottage, 55 High Street for Mr J Rhodes
The Committee considered item 11 of the Officers’ reports.
Public Speaker
Mr A Tuart (objecting)
The Development Management Team Leader read in full the comments of Councillor
V FitzPatrick, a local Member, who had been unable to attend the meeting. Councillor
FitzPatrick had requested refusal of this application.
The Development Management Team Leader recommended approval of this
application subject to the conditions listed in the report.
Councillor S Hester, a local Member, stated that the buildings were not particularly
high, there was plenty of light and he did not consider the proposal would be
detrimental to other residents.
He proposed approval of this application as
recommended, which was seconded by Councillor Mrs A R Green.
RESOLVED unanimously
That this application be approved
recommendation of the Head of Planning.
in
accordance
with
the
(243) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee considered item 12 of the Officers’ reports.
RESOLVED
That the Committee undertakes the following site inspection:
WELLS-NEXT-THE-SEA – PF/15/1892 – Creation of access track from
Freeman Street, relocation of vehicular bridge and installation of
pedestrian footbridge to facilitate use of former pitch and putt land as a
seasonal car park for 60 days per annum; land at Freeman Street for
Holkham Estate
(244) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 13 of the Officers’ reports.
(245) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 14 of the Officers’ reports.
(246) NEW APPEALS
The Committee noted item 15 of the Officers’ reports.
(247) INQUIRIES AND HEARINGS - PROGRESS
The Committee noted item 16 of the Officers’ reports.
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7 April 2016
(248) WRITTEN REPRESENTATIONS APPEALS - IN HAND
The Committee noted item 17 of the Officers’ reports.
(249) APPEAL DECISIONS – RESULTS AND SUMMARIES
The Committee noted item 18 of the Officers’ reports.
(250) COURT CASES – PROGRESS AND RESULTS
The Committee noted item 19 of the Officers’ reports.
The meeting closed at 1.35 pm.
CHAIRMAN
4 May 2016
Development Committee
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7 April 2016
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