9 FEBRUARY 2012
Minutes of a meeting of the DEVELOPMENT COMMITTEE held in the Council Chamber,
Council Offices, Holt Road, Cromer at 9.30 am when there were present:
Councillors
Mrs S A Arnold (Chairman)
B Cabbell Manners (Vice-Chairman)
Mrs L M Brettle
Mrs A R Green
Mrs P Grove-Jones
P W High
R Reynolds
R Shepherd
B Smith
Mrs A C Sweeney
J A Wyatt
N Smith - substitute for J H Perry-Warnes
P Terrington - substitute for M J M Baker
Mrs V Uprichard - substitute for S J Partridge
T Ivory - Scottow Ward
Mrs A M Moore - North Walsham West Ward
P W Moore - North Walsham East Ward
Miss B Palmer - on behalf of S Ward, Lancaster South Ward
G Williams - Worstead Ward
K E Johnson - observer
Officers
Mr S Oxenham - Head of Planning and Building Control
Mr A Mitchell - Development Manager
Mr R Howe - Planning Legal Manager
Mr G Lyon - Team Leader (Enforcement and Special Cases)
Mr G Linder - Senior Planning Officer
Miss K Witton - Landscape Officer
Mr D Sutton - Environmental Protection Officer
Mr P Rhymes - Conservation and Design Officer
Mr S Coleman - Highway Development Management Officer (NCC)
(201) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors M J M Baker, S J Partridge
and J H Perry-Warnes. There were three substitute Members in attendance as
shown above.
Councillor Miss B Palmer attended the meeting in place of Councillor S Ward who
had intended to speak on application PF/11/1492 as adjoining local Member but had
been unable to attend the meeting.
(202) MINUTES
The Minutes of a meeting of the Committee held on 12 January 2012 were approved
as a correct record and signed by the Chairman.
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(203) ITEMS OF URGENT BUSINESS
The Chairman stated that there was one item of urgent business which she wished to
bring before the Committee, relating to a planning application at North Walsham,
reference PF/11/1503, which would be considered prior to consideration of item 2
given its bearing on the decision in respect of that item.
Reason for urgency: to expedite processing of the application.
(204) DECLARATIONS OF INTEREST
All Members declared interests, the details of which are given under the minutes of
the items concerned.
(205) DEVELOPMENT
UPDATE
MANAGEMENT
AND
LAND
CHARGES
PERFORMANCE
The Committee considered item 1 of the Officers’ reports in respect of the quarterly
report on planning applications and appeals for the period from October to December
2011, which covered the turnround of applications, workload and appeal outcomes.
Figures were also included for land charge searches.
The Head of Planning and Building Control reported that it was not known whether a
decision would be made by the Government on fee setting in the near future. No
response had been received in respect of a letter sent by the Portfolio Holder for
Planning on 12 December 2011. It was agreed that a reminder letter be sent.
Councillor R Shepherd expressed his gratitude to the staff of the Planning Division,
who were always helpful to him, made time for meetings and no matter was too great
or too small. The Committee endorsed this comment.
The Head of Planning and Building Control thanked him for his comments and
referred to the good working relationship the team had with Members which enabled
many applications to be determined under delegated powers.
The Development Manager stated that it was preferable if Members contacted
Officers as soon as they realised that there could be a problem with an application in
order that a way forward could be found if possible without involving the Committee.
The Head of Planning and Building Control and Development Manager considered
that the call-in system was working well at the moment, so that only the more difficult
cases came to Committee.
The Committee noted the report.
(206) NORTH WALSHAM - PF/11/1503 - Use of land for parking of heavy goods
vehicles; 7 Cornish Way Business Park for HFS Property Ltd
The Chairman stated that she had determined that this item be considered as a
matter of urgency pursuant to the powers vested in her by Section 100B(4)(b) of the
Local Government Act 1972.
Councillor Mrs A M Moore, a local Member, declared a personal interest in this
application as she was a resident of Spa Common, which was close to the
applicant’s existing site.
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Public Speaker
Mr Wait (supporting)
The Team Leader (Enforcement and Special Cases) reported that this application
related to the use of an area of land for the parking of HGVs in order to relocate the
applicants’ vehicles from their existing site at Marshgate, which was the subject of an
enforcement case to be reconsidered by the Committee (see minute 207 below).
No objections had been received from the Highway Authority or Environmental
Health in respect of this application. The proposal was acceptable in principle and in
accordance with Development Plan policy. However, the Environment Agency had
raised concerns in respect of possible contamination entering the ground given the
hardcore surfacing of the site and had requested that the site be hard surfaced and
for drainage proposals to prevent contamination. Given the situation in respect of
Marshgate, the Team Leader (Enforcement and Special Cases) had reconsulted the
Environment Agency requesting it to reconsider its requirements in the light of the
pressing need to relocate the existing business from Marshgate. The applicants had
indicated that they would be willing to hard surface the site as requested, but it would
take time to carry out the required works.
The Team Leader (Enforcement and Special Cases) considered that the applicants
should be allowed to use the site with a hard core surface pending the carrying out of
hard surfacing works. If the Committee were minded to approve this application it
would be necessary to inform the Environment Agency of the decision to allow a
further opportunity for it to comment. He considered that approval of this application
would be a pragmatic approach which was mindful of the residents of Marshgate.
The Team Leader (Enforcement and Special Cases) requested delegated authority
to approve this application following consultation with the North Walsham (West)
Ward Members and the Chairman of the Committee in respect of any further
comments received from the Environment Agency, and subject to the imposition of
appropriate conditions to include hard surfacing works to be completed within 12
months of the date of the decision.
Councillor Mrs A M Moore, a local Member, supported the recommendation.
Councillor R Shepherd proposed delegated approval of this application as
recommended of the Team Leader (Enforcement and Special Cases), which was
seconded by Councillor B Smith.
In response to a question by Councillor P Terrington, the Planning Legal Manager
explained that it was a requirement to refer back to the Environment Agency, giving
reasons for the Committee’s decision.
The Team Leader (Enforcement and Special Cases) stated that VOSA required
planning permission to be in place before it would grant a licence for the site.
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application following consultation with the North Walsham
(West) Ward Members and the Chairman of the Committee in respect of
any further comments received from the Environment Agency, and
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subject to the imposition of appropriate conditions to include hard
surfacing works to be completed within 12 months of the date of the
decision, parking use only, and no maintenance or washing down of
vehicles to be carried out on the site until the required hardstanding and
drainage systems are in place.
Reason: The applicants have indicated that they are willing to install
hard surfacing within the timescale. The proposal would bring forward
environmental benefits through the applicant being able to relocate
from an existing inappropriate site.
(207) NORTH WALSHAM - ENF/10/0187 - Material change of use of former Anglian
Water Sewage Works
Councillor B Smith referred to a personal interest he had declared at the previous
meeting as he knew the proprietor at the time of the original application in 2008.
The Committee considered item 2 of the Officers’ reports which sought the
Committee’s reconsideration of action in respect of an Enforcement Notice relating to
the premises.
The Team Leader (Enforcement and Special Cases) stated that following approval of
the planning application PF/11/1503 (above) in respect of the site at Cornish Way, it
would be only a matter of weeks before Enviroco would be able to remove its HGVs
from the land. However, there was still an issue regarding the buildings on the site.
The buildings were causing less concern locally than the HGVs. He recommended
that a period of time be given following the issue of the decision in respect of
PF/11/1503, either 14 or 28 days, to remove the vehicles. He sought the
Committee’s views regarding the office buildings.
Councillor P W Moore, a local Member, thanked the Committee for taking a
pragmatic approach to solving the problem regarding HGVs. He considered that
there would be no problem with the office use remaining on the site. He expressed
concern that lorry drivers would go to the site to drop off timesheets etc and
requested that there should be no access to the site for HGVs.
Councillor Mrs V Uprichard, a local Member, supported Councillor Moore’s views.
However, she had concerns as to where the vehicles would be maintained and
washed down. She did not wish to see HGVs travelling along Manor Road or past
the school.
At the request of the Chairman, Mr Wait explained that vehicles had to be serviced
by an authorised garage or repairer and he currently used a garage in Norwich. He
confirmed that no cleaning would be carried out on the new site. Drivers would travel
in their cars to the Marshgate site to collect worksheets and deliver their timesheets.
It was the company’s intention to eventually move all its operations to Cornish Way.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs V
Uprichard and
RESOLVED
That Enforcement action be held in abeyance for a period of 28 days
following the issue of the decision notice in respect of planning
application PF/11/1503 to allow the Company to relocate its HGV
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vehicles to 7 Cornish Way, North Walsham and an application be
invited, without prejudice, for the retention of the office buildings on the
site. In the event of the Company failing to relocate the vehicles within
this timescale, proceedings will be commenced for non-compliance with
the Enforcement Notice.
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.
(208) FAKENHAM - PF/11/1492 - Erection of two two-storey dwellings with cartsheds;
Land rear of 41 Sculthorpe Road for Hall and Woodcraft Construction Ltd
Councillor R Reynolds declared a prejudicial interest in this application as he lived
close to the site. He vacated the Council Chamber during consideration of this
application.
All Members declared a personal interest in this application in respect of their
acquaintance with Councillor Reynolds and Councillor Mrs Claussen-Reynolds.
The Committee considered item 3 of the Officers’ reports.
The Senior Planning Officer stated that the drawings had been amended to correct
an error identified at the site inspection. A rooflight had also been deleted from the
scheme in respect of the proposed dwelling on plot 4.
The Senior Planning Officer reported that the Conservation, Design and Landscape
Manager (Landscape) had no objection. The Building Control Manager was now
satisfied in respect of the turning area for emergency vehicles.
The Senior Planning Officer recommended approval of this application subject to the
imposition of appropriate conditions.
Councillor Miss B Palmer, speaking on behalf of Councillor S Ward, local Member for
Lancaster South Ward, stated that when outline planning permission was granted for
the four plots it had been made clear that one of the dwellings would be 2bedroomed and 70m2 or less. She was concerned that there would be an adverse
impact on traffic and access for emergency vehicles would be difficult.
The Senior Planning Officer explained that the Design and Access Statement
submitted with the outline application for the four plots (20090468) referred to a
dwelling of 70m2, however that application established only the principle of
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development. The current application related to two of the plots and it was not
possible to insist that one of the dwellings meet this criteria. The site had been split
into two at the Officers’ suggestion to allow the developer to move forward given
problems that had been encountered on part of the site. He suggested that the
Committee may wish to express a view that a smaller dwelling should be built on one
of the remaining plots. The majority of the dwellings in the surrounding area were
large family homes and he was not convinced that a small dwelling would be in
keeping with the area. However, if the Committee considered that a smaller dwelling
was appropriate a letter would be sent with the decision notice stating that one of the
remaining plots should comply with the original requirement.
With regard to highway concerns, the Senior Planning Officer stated that the roads
were fairly congested because of parked vehicles which restricted vehicle speeds.
Visibility was adequate in both directions. He considered there was no highway
reason to refuse this application.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor R
Shepherd and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions and that a letter be sent with the decision notice
to inform the developer that proposals for the remaining plots should
include a dwelling of no more than 70m2.
(209) SCOTTOW - PF/11/1426 - Construction of biomass (renewable energy) facility;
Land at Oak Grove, Scottow Road for Oak Grove Renewables
The Committee considered item 4 of the Officers’ reports.
Public Speakers
See minutes of 08.03.12 amendment to include Cllr
Reynolds’ declaration of interest
(personal) as he is an electrician.
Mr Mellors (objecting)
Mr Lucas (supporting)
The Team Leader (Enforcement and Special Cases) reported that three further
comments had been received raising similar issues to those contained in the report.
He recommended that the routing agreement put forward by the applicant be
accepted although it was not required by the Highway Authority. He read to the
Committee a response from the applicant in respect of suggestions that vehicles
should be prevented from using Aylsham Road. The applicant considered that it was
not appropriate, necessary or enforceable to include this in the routing agreement.
The Team Leader (Enforcement and Special Cases) recommended approval of this
application subject to the imposition of appropriate conditions and submission of a
Unilateral Undertaking in respect of the routing agreement.
Councillor T Ivory, the local Member, referred to the divided local opinion on this
issue. He considered that development of this type should be encouraged as it was
diversification of agriculture. However there were issues relating to this application
which needed to be addressed. He stated that Scottow Parish Council objected to
this application. He referred to highway concerns which had been raised by local
residents and welcomed the offer of a routing agreement which sought to address
these problems. However, he understood that the entire length of Scottow Row
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would be included in the agreement. The general concerns locally were in respect of
traffic along the Scottow Road which travelled at high speeds and problems that
could arise because of turning lorries. With regard to the landscaping proposals, he
asked the Committee to ensure that the screening would be adequate. However, he
considered that the screening itself would have an impact on the open vista which
currently existed.
Councillor G Williams, Member for the adjacent Worstead Ward, disputed the figures
contained in the traffic report and considered that the number of traffic movements
would be double the number quoted. He was particularly concerned in respect of
Aylsham Road which was likely to be used to deliver crops from the north of the site.
He stated that there was a chicane in Swanton Abbott which was difficult to
negotiate. He requested that, if the Committee were minded to approve this
application, the routing agreement be revisited, in particular with regard to a possible
one-way routing system to avoid the need for tractors to pass each other.
Councillor B Cabbell Manners stated that he was a farmer but he would not benefit
from this facility because of the distance from his land. He stated that the agricultural
industry was looking into such facilities as it provided somewhere to take crops and
would produce much-needed humus to enrich the soil which would reduce reliance
on fertilizers, in addition to renewable energy production. In terms of the highway
network, he considered that the site was in an ideal position with good connections to
the main road. He considered that there would be no noise, the site would be
screened by woodland and high hedges. He proposed approval of this application as
recommended.
Councillor N Smith expressed concern regarding possible odour from the site. He
referred to another site in Taverham which had resulted in complaints by residents.
The Environmental Protection Officer reported that because of the location of the site
it was considered that there would be no problem. There would be some odour
release on filling of the silage clamps and hoppers but not at other times.
Councillor R Reynolds seconded the proposal.
Councillor P W High stated that he was a regular user of Aylsham Road and
considered that traffic management was needed in Swanton Abbott.
The Highway Development Management Officer suggested that signage could be
erected.
The Team Leader (Enforcement and Special Cases) stated that the agreement of the
applicant would be needed to include signage in the routing agreement.
At the request of the Chairman, Mr Lucas stated that the suggestion of a one-way
system would be worthy of investigation and this was common practice in the
agricultural industry. It would not be feasible to prevent vehicles using Aylsham
Road as agricultural vehicles currently used the road.
In answer to a question by Councillor B Smith, the Landscape Officer explained that
there had been concerns about the industrial nature of the tanks. Painting the tanks
to help blend in with the background could reduce the impact. Whilst the proposed
planting would not completely screen the tanks, it would integrate them into the
surrounding area.
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Councillor P Terrington expressed concern that odour from silage would spread over
a wide distance. He requested conditions to prevent the introduction of animal slurry.
The Environmental Protection Officer stated that the odour assessment had been
robust and explained the measures to prevent nuisance.
The Development Manager suggested a condition to restrict the materials to
vegetable matter only.
In answer to a question by Councillor Mrs A C Sweeney, the Team Leader
(Enforcement and Special Cases) stated that there would be one or two staff based
at the site. He considered that it was unlikely that an agricultural dwelling could be
justified.
At the request of the Chairman, and in response to a question by Councillor R
Shepherd, Mr Lucas explained that it was proposed to sink the tanks 1.5 metres into
the ground. There would be operational difficulties if they were any deeper.
In response to questions by Councillor Mrs P Grove-Jones, the Environmental
Protection Officer confirmed that the only lighting would be pathway lighting. The site
would be operational during normal working hours and a condition would be imposed
to this effect.
The Planning Legal Manager stated that the routing agreement was the applicant’s
initiative and, following legal scrutiny, he considered that it was fit for purpose.
However, he considered that it would need further consideration in respect of
signage and construction traffic. He suggested that the document be published on
the Council’s website and that local Members be requested to feed back their views
on whether it covered the right routes.
The Development Manager requested delegated authority to approve this application
subject to a Unilateral Undertaking by the applicant in respect of the routing
agreement, to be amended to include a one-way system and construction traffic in
consultation with the local Members, and subject to the imposition of appropriate
conditions to include signage in respect of traffic, landscaping and painting of the
tanks.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor R
Reynolds and
RESOLVED by 12 votes to 0 with 1 abstention
That the Head of Planning and Building Control be authorised to
approve this application subject to a Unilateral Undertaking by the
applicant in respect of the routing agreement, (to be amended to include
a one-way system and construction traffic) in consultation with the local
Members, and subject to the imposition of appropriate conditions to
include signage in respect of traffic, landscaping and external finish of
the tanks.
(210) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 5 of the Officers’ reports.
(211) APPLICATIONS REFUSED UNDER DELEGATED POWERS
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The Committee noted item 6 of the Officers’ reports.
(212) NEW APPEALS
The Committee noted item 7 of the Officers’ reports.
(213) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 8 of the Officers’ reports.
(214) WRITTEN REPRESENTATIONS APPEALS - IN HAND
The Committee noted item 9 of the Officers’ reports.
(215) APPEAL DECISIONS
The Committee noted item 10 of the Officers’ reports.
(216) EXCLUSION OF PRESS AND PUBLIC
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press
and public be excluded from the meeting for the following items of
business on the grounds that they involve the likely disclosure of
exempt information as defined in paragraph 6 of Part I of Schedule 12A
(as amended) to the Act.
(217) PROPOSED DIRECTION UNDER ARTICLE 4(1) OF THE TOWN AND COUNTRY
PLANNING ACT (GENERAL PERMITTED DEVELOPMENT) ORDER 1995 (AS
AMENDED) FOR LAND AT SHERINGHAM
The Head of Planning and Building Control stated that he lived very close to the land
in question and many of the residents who would be affected by the Order were
neighbours. He therefore left the meeting during consideration of this matter.
The Committee considered item 11 of the Officers’ exempt reports which sought
authority to serve an Article (4)1 Direction on land at Sheringham.
The Conservation and Design Officer reported that an area of land at the rear of 7-29
Nelson Road and 1-3 Hillside, Sheringham had been sold to the owners of those
properties. In order to prevent subdivision of this open area of land by means of
enclosure he recommended:
1.
That a Direction under Article (4)1 of the Town and Country Planning Act
(General Permitted Development) Order 1995 be served immediately in
respect of permitted development rights for means of enclosure on the land at
the rear of 7-29 Nelson Road and 1-3 Hillside, Sheringham.
2.
That the owners of the properties be formally notified of the making of the
Direction.
3.
That the Direction be brought before Committee within six months for
confirmation.
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It was proposed by Councillor B Smith, seconded by Councillor R Reynolds and
RESOLVED unanimously
1.
That a Direction under Article (4)1 of the Town and Country
Planning Act (General Permitted Development) Order 1995 be
served immediately in respect of permitted development rights for
means of enclosure on the land at the rear of 7-29 Nelson Road and
1-3 Hillside, Sheringham.
2.
That the owners of the properties be formally notified of the making
of the Direction.
3.
That the Direction be brought before Committee within six months
for confirmation.
(218) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 12 of the Officers’ exempt reports which updated the
situation previously reported concerning the schedule of outstanding enforcement
cases and unresolved complaints more than three months old as at 31 December
2011.
The Head of Planning and Building Control reported that initiatives had been put in
place to reduce the backlog of cases. Higher priority was being given to enforcement
and one of the Planning Officers was helping with the work. A programme of site
inspections was to be arranged and the Team Leader (Enforcement and Special
Cases) would contact the local Members to agree courses of action. A revised
Enforcement Policy was being drafted and would be brought to the Committee at a
future meeting for consideration.
Councillor Mrs A R Green suggested that an article be published in the press to
inform the public of the need to check if planning permission were needed.
The Head of Planning and Building Control stated that a charging scheme was being
drawn up for informal enquiries and it would be appropriate to include Councillor Mrs
Green’s suggestion in the publicity at that time.
RESOLVED
1. That the contents of the report and the annexed Schedules of
Current Enforcement Cases be noted.
2. That the cases where compliance has been achieved be removed
from the Schedules.
The meeting closed at 12.15 pm.
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