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. Development Committee 1 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. Development Committee 2 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. Development Committee 3 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. Development Committee 4 7 April 2016 (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 Development Committee 5 7 April 2016 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. Development Committee 6 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 Development Committee 7 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. Development Committee 8 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. Development Committee 9 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. Development Committee 10 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 11 7 April 2016