8 JULY 2010
Minutes of a meeting of the DEVELOPMENT CONTROL COMMITTEE held in the Council
Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present:
Councillors
S J Partridge (Chairman)
J A Wyatt (Vice-Chairman)
H C Cordeaux
Mrs A R Green
P W High
S C Mears
J D Savory
B Smith
Mrs A C Sweeney
Mrs L Walker
M J M Baker - substitute for J H Perry-Warnes
Mrs G M D Lisher - substitute for Mrs M Seward
Mrs P Bevan Jones - Cabinet Member for Strategic Housing
Mrs H T Nelson - Cabinet Member for Conservation, Design and Landscape and
Member for Sheringham South Ward
R Combe - Astley Ward
P W Moore - North Walsham East Ward
Officers
Mr A Mitchell - Development Control Manager (West)
Mr R Howe - Planning Legal and Enforcement Manager
Mr I Thompson - Senior Planning Officer (East)
Mr G Lyon - Senior Planning Officer (West)
Miss J Medler - Senior Planning Officer (West)
Mr C Young - Senior Conservation and Design Officer
Mr S Case - Landscape Officer
Mr D Mortimer - Development Control Officer (NCC Highways)
(1)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors J H Perry-Warnes, Mrs M
Seward and Mrs J Trett. There were two substitute Members in attendance as listed
above.
(2)
MINUTES
The Minutes of a meeting of the Combined Development Control Committee held on
10 June 2010 were approved as a correct record and signed by the Chairman.
(3)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(4)
DECLARATIONS OF INTEREST
Councillors Mrs G M D Lisher and J A Wyatt declared interests, the details of which
are given under the minute of the item concerned.
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8 July 2010
(5)
SHERINGHAM - NNDC TPO (Sheringham) 2010 No. 6, Station Road
The Committee considered item 1 of the officers’ reports in respect of a Tree
Preservation Order (TPO) at the rear of Station Road, Sheringham.
It was proposed by Councillor H C Cordeaux, seconded by Councillor Mrs L Walker
and
RESOLVED unanimously
That North Norfolk District Council
(Sheringham) 2010 No. 6 be confirmed.
(6)
Tree
Preservation
Order
KELLING - NNDC TPO (Kelling) 2010 No. 9, Nos. 3 & 9 Weynor Gardens
The Committee considered item 2 of the officers’ reports in respect of a Tree
Preservation Order (TPO) at Nos 3 & 9 Weynor Gardens, Kelling.
It was proposed by Councillor H C Cordeaux, seconded by Councillor J A Wyatt and
RESOLVED unanimously
That North Norfolk District Council Tree Preservation Order (Kelling)
2010 No. 9 be confirmed.
(7)
HOLT - NNDC TPO (Holt) 2010 No. 4, Woodlands Close
The Committee considered item 3 of the officers’ reports in respect of a Tree
Preservation Order (TPO) at Woodlands Close, Holt.
Public Speaker
Tony Sorenson (objecting)
Councillor M J M Baker stated that tree T1 had deteriorated over a period of years
and he considered that it was dead. He stated that Woodland Close was well used
by heavy vehicles which had compacted the ground close to the tree roots.
Councillor P W High supported Councillor Baker’s views.
In answer to Members’ questions the Landscape Officer commented in respect of the
condition of T1, possible remedial works, biodiversity issues and the TEMPO
assessment.
In answer to a question Mr Sorenson stated that it was not his client’s intention to
pollard the tree and the Council could only require the minimum work to make the
tree safe.
Councillor M J M Baker considered that T1 should be removed and replaced. He
stated that the owners had indicated their willingness to replace the tree with another
oak.
The Landscape Officer stated that if the Order was not confirmed the Council could
not require a replacement tree as a condition. However, if the Order was confirmed
the Committee could give authority to fell and replant.
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8 July 2010
It was proposed by Councillor M J M Baker, seconded by Councillor Mrs A R Green
and
RESOLVED by 8 votes to 2
That Tree Preservation Order (Holt) 2010 No. 4 be confirmed in respect
of T2 and T3 only.
(8)
SHERINGHAM: 10/0143 Land to the rear of 20 Hooks Hill Road
The Committee considered item 4 of the officers’ reports concerning alterations to the
ground level on land to the rear of 20 Hooks Hill Road, Sheringham.
References in the report to 9A Holt Road should refer to 9B Holt Road.
RESOLVED
That consideration of this matter be deferred to allow an inspection of
the site by the Committee and that the Committee also views the site
from other properties including 9B Holt Road, Sheringham.
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.
(9)
BRISTON - PF/10/0497 - Erection of building for processing of shellfish; Land
at New Hall Farm, Mill Road for Mr D Chambers
Councillor J A Wyatt declared a personal interest in this application as he was a
customer of the business.
The Committee considered item 5 of the officers’ reports.
Public Speaker
Mr David Chambers (supporting)
Councillor J A Wyatt, the local Member, stated that there had been no accidents on
the unclassified road. He stated that there was less traffic than there had been in the
past as a nearby motor repair business had ceased trading.
The Highway Development Control Officer explained that there was a historic
objection to development on this site. The concern related to the increase in size of
the building which could result in intensification of the use of the access.
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8 July 2010
Councillor M J M Baker considered that the Council should support local businesses,
village life and local jobs.
It was proposed by Councillor J A Wyatt, seconded by Councillor Mrs L Walker and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include asbestos removal, complete removal
of the existing building prior to the use of the replacement building and
restricting the use of the building to the uses proposed.
Reason: The proposal is for the replacement of an existing building and
the Committee is mindful of the limited amount of additional floorspace
which is not likely to generate significant additional traffic and the
access is onto a lightly used road.
(10)
CROMER - PF/10/0438 - Demolition of dwelling and erection of two one and a
half storey dwellings; 10 Colne Place for Mr & Mrs S Thompson
The Committee considered item 6 of the officers’ reports.
Public Speaker
Nicola Thompson (supporting)
The Senior Planning Officer reported that a further letter had been received from the
Town Council confirming its objection on grounds related to the recent Government
announcement in respect of development on garden land.
The Committee expressed concern that the local Member who had called in the
application was not present at the meeting. Councillor M J M Baker considered that
the Member concerned should be informed of the Committee’s disapproval.
It was proposed by Councillor Mrs L Walker, seconded by Councillor S C Mears and
RESOLVED
That this application be approved in accordance with
recommendation of the Head of Planning and Building Control.
(11)
the
CROMER - PF/10/0490 - Erection of single-storey rear extension to retail units,
infilling of archway and installation of shop front; 53-55, Church Street for
Monument Group Ltd
CROMER - LA/10/0491 - Demolition of rear extension, erection of single-storey
extension, infilling of archway and installation of shop front; 53-55, Church
Street for Monument Group Ltd
The Committee considered items 7 and 8 of the officers’ reports.
Public Speakers
Mrs Candlish (objecting)
Dr John Burgess (supporting)
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8 July 2010
The Senior Planning Officer reported that the Planning Policy Manager had no
objection to these applications. He considered that the removal of the pedestrian
route was not sufficient to justify refusal of these applications.
The Senior Planning Officer recommended approval of these applications subject to
the imposition of appropriate conditions.
The Chairman commented that the local Member who had called in these
applications was not present at the meeting.
Councillor Mrs H T Nelson, Cabinet Member for Conservation, Design and
Landscape, stated that a meeting had been arranged with the Cromer Preservation
Society to discuss issues in the town. She stated that there had been insensitive
redevelopment of shop fronts. Cromer relied heavily on its heritage in terms of
tourism and any infill development had to be carried out very sensitively.
Councillor H C Cordeaux considered that the proposal would improve the street
scene.
Councillor Mrs G M D Lisher supported Councillor Cordeaux. She stated that the
archway was post-World War 2 and did not fit in with the rest of the street scene.
Careful consideration had to be given to any alterations that were carried out.
The Senior Conservation and Design Officer considered that the proposal would not
cause significant harm and the alterations would enhance the street scene.
It was proposed by Councillor P W High, seconded by Councillor Mrs L Walker and
RESOLVED unanimously
That these applications be approved in accordance with
recommendation of the Head of Planning and Building Control.
(12)
the
NORTH WALSHAM - PF/10/0530 - Erection of workshop; 84 Brick Kiln Road for
Mr T Bacon
The Committee considered item 9 of the officers’ reports.
Public Speakers
Mrs Spencer (objecting)
Mr Bacon (supporting)
The Senior Planning Officer reported that Environmental Health had been advised by
the applicant that the workshop would be used mainly for storage.
Councillor P W Moore, a local Member, stated that neighbours had experienced
noise disturbance from motorbikes. He considered that the workshop would be
acceptable with an alternative roof design and that it should be relocated adjacent to
the car parking area, otherwise the application should be refused.
Councillor Mrs L Walker proposed delegated approval of this application subject to
resiting the workshop nearer to the car parking area. This was seconded by
Councillor H C Cordeaux.
In response to a question Mr Bacon confirmed that he did not intend to use the
workshop for business purposes.
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8 July 2010
The Senior Planning Officer advised the Committee that the top of the workshop
would be only slightly higher than the screen fence. In order to negotiate a revision
the Committee should be convinced that the currently proposed location was
unacceptable in planning terms.
Councillor P W High proposed the officer’s recommendation which was duly
seconded. The original motion was withdrawn by the proposer and seconder.
RESOLVED by 8 votes to 0 with 2 abstentions
That this application be approved subject to a condition restricting the
use of the workshop to domestic use that is incidental to that of the
dwelling.
(13)
SHERINGHAM - PF/10/0536 - Change of use from A1 (retail) to a mixed use of
A1 (retail) and A3 (restaurant) with outside seating area; 2-6 Station Approach
for Mr Morris
The Committee considered item 10 of the officers’ reports.
Public Speaker
Mr McGinn (Sheringham Town Council)
The Committee noted that Councillor B J Hannah, who had called in the application,
was not present at the meeting.
The Senior Planning Officer reported that the Highway Authority had no objection to
the proposal. He requested delegated authority to approve this application subject to
no new grounds of objection from the Town Council and subject to the imposition of
the condition set out in the report.
The Development Control Manager stated that the proposal was for a mixed use and
a further application would be required to use the premises as a restaurant only.
Councillor Mrs P Bevan Jones, a local Member, supported the views of the Town
Council. She expressed concern with regard to highway safety particularly at busy
times.
Councillor Mrs H T Nelson was concerned about the proliferation of restaurants in the
area but she also acknowledged the need to help local businesses.
Councillor Mrs A C Sweeney proposed refusal of this application on grounds related
to the proliferation of food outlets in the town. This was not seconded.
The Senior Planning Officer stated that the shop already sold cakes etc and the
proposal would regularise what had been happening for a number of years, with the
addition of outside seating.
It was proposed by Councillor Mrs L Walker, seconded by Councillor P W High and
RESOLVED by 7 votes to 1 with 2 abstentions
That the Head of Planning and Building Control be authorised to
approve this application in accordance with his recommendation,
subject to no new grounds of objection from the Town Council.
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8 July 2010
(14)
SHERINGHAM - PF/10/0639 - Change of use from A1 retail use to A5 hot food
take-away; 10 Station Approach for Mr Miah
The Committee considered item 11 of the officers’ reports.
Public Speaker
Mr McGinn (Sheringham Town Council)
The Senior Planning Officer stated that this application related to 10 Station
Approach and not 6 Station Approach as stated in the report and had been
readvertised.
The Senior Planning Officer reported that one letter of objection had been received
from a resident of Waterbank Road on grounds of odour, noise and disturbance.
The Senior Planning Officer requested delegated authority to approve this application
subject to no new grounds of objection and subject to the imposition of appropriate
conditions.
Councillor Mrs P Bevan Jones, a local Member, supported the views of the Town
Council. She considered there were too many takeaways and that there was
nowhere for customers to park.
Councillor Mrs H T Nelson, Member for Sheringham South Ward, stated that the
objectors were already suffering from smells from other nearby takeaway
establishments and this application would exacerbate the situation. She was also
concerned that this proposal would take trade away from other businesses which
were struggling to survive.
Members expressed concern at possible noise disturbance and anti-social behaviour,
waste disposal and highway safety issues.
The Development Control Manager stated that the site was outside the primary retail
frontage and there were no policy issues which would justify refusal of this
application. He stated that the Highway Authority had not objected to this
application.
The Senior Planning Officer referred to concerns regarding noise and disturbance
and suggested that discussions be held with the applicant in respect of opening
times. However, Environmental Health had raised no objection.
It was proposed by Councillor Mrs L Walker, seconded by Councillor P W High and
RESOLVED
That consideration of this application be deferred to in order to seek
clarification from the agent in respect of bin storage and litter disposal
arrangements and changes to the proposed opening times on
Saturdays, prior to reconsulting Environmental Health and seeking the
views of the Community Safety Manager.
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8 July 2010
(15)
WEYBOURNE - PF/09/1270 - Installation of buried electrical cable system in
connection with off-shore wind farm; Land from Weybourne to Great Ryburgh
for Dudgeon Offshore Wind Ltd
Councillor Mrs G M D Lisher declared a personal interest as she was a member of
Stibbard Parish Council which had commented on this application.
The Committee considered item 12 of the officers’ reports.
Public Speakers
Mr John Hobson QC (representing the Parish Councils of Letheringsett, Gunthorpe,
Pudding Norton, Salthouse, Ryburgh, Kelling, Fulmodeston, Stibbard and Cley)
Mr Duncan Ross, Mrs Runciman and Mr Boesen (objecting)
Mr Evans (supporting)
The Senior Planning Officer reported that an email had been received from
Gunthorpe Parish Council correcting an error in their reported comments, which
should refer to ‘scrubby area’ and not ‘scrubby grass area’. An email had been
received from an agent acting for a number of landowners stating that there was no
licence from Crown Estates to undertake the second phase of the works. The Senior
Planning Officer read to the Committee an email that had been received from the
applicant’s agent in response to the latter comments.
The Senior Planning Officer reported that Environmental Health had received
confirmation that subject to the cable being buried and constructed to UK standards
and meeting ICNIRP guidelines there should be no health risk, although there was
still some risk to people with pacemakers who walked across it.
The Senior Planning Officer recommended deferral of this application to enable
discussions to take place with the applicants regarding the possible time delay
between phases 1 and 2, to discuss how visual and landscaping issues would be
addressed and to seek information regarding electromagnetic field levels.
The Development Control Manager stated whilst it was recommended that this
application be deferred, the presentations by the public speakers had been useful in
highlighting some of the outstanding issues prior to a report to the next meeting. This
was a significant project which had to be weighed against the impact on local people.
Councillor Mrs L Walker considered the scheme would damage the environment.
She proposed refusal of this application on grounds of loss of amenity, detrimental
effect on the environment and the health of local people who walk in the area and
lack of mitigation measures. This was seconded by Councillor M J M Baker.
Councillor Mrs A R Green expressed concern at the long term damage to the land
which would take many years to recover. She stated that there had been no
consultation with agricultural bodies. She considered that there was an alternative
offshore route and proposed deferral of this application to allow a public meeting to
be arranged between the concerned parties and Warwick Energy Limited.
Councillor M J M Baker referred to Mr Boesen’s comments that his land was still
suffering 40 years after the Bacton Gas Terminal development. He reiterated his
seconding of the proposal.
Councillor H C Cordeaux stated that a cable of the size and length of the one
proposed had not been constructed before. He stated that the comments of Kelling
Parish Council should refer to a 40 metre trench and not 20-25 metres as stated.
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8 July 2010
Councillor Mrs G M D Lisher stated that Stibbard suffered from power cuts and she
hoped that this proposal would rectify the problem. She seconded Councillor Mrs
Green’s proposal for deferral.
Councillor J D Savory considered that there was insufficient detail of this proposal
and he supported refusal.
Councillor Mrs A R Green withdrew her proposal for deferral.
As an amendment, Councillor Mrs G M D Lisher proposed deferral of this application
which was seconded by Councillor J A Wyatt. On being put to the vote the
amendment was declared lost by 2 votes to 9.
The Planning Legal and Enforcement Manager urged caution with regard to refusal.
He stated that this was a significant national project and refusal could have an impact
on Government policy and the country’s relationship with Europe. He recommended
that the Committee resolves that it is minded to refuse as the application presently
stands. The reasons for refusal were likely to be tested on appeal and each had to
be justified. He considered that there was a need for external legal advice and a
further report.
It was proposed by Councillor Mrs L Walker, seconded by Councillor M J M Baker
and
RESOLVED by 9 votes to 2
That the Committee is minded to refuse this application on grounds of
loss of amenity, possible risk to health, inadequate mitigation measures
to address all of the environmental impacts which have been identified,
significant adverse impact on the landscape and environment and longterm adverse impact on a significant amount of agricultural land,
subject to seeking expert legal and other advice on the reasons for
refusal and also to explore with the applicants the possibility of an
alternative offshore route.
(16)
APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee noted item 13 of the officers’ reports.
(17)
APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 14 of the officers’ reports.
(18)
APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 15 of the officers’ reports.
(19)
NEW APPEALS
The Committee noted item 16 of the officers’ reports.
(20)
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 17 of the officers’ reports.
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8 July 2010
(21)
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 18 of the officers’ reports.
(22)
APPEAL DECISIONS
The Committee noted item 19 of the officers’ reports.
The meeting closed at 12.50 pm.
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8 July 2010