10 MARCH 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 Mrs V Uprichard P High N Pearce S Shaw N Smith Mrs A Green – substitute for P Rice Mrs M Prior – substitute for B Smith Ms V Gay – North Walsham West Ward B Smith – Mundesley Ward R Stevens – Stalham & Sutton Ward Mrs S Arnold – Portfolio Holder Officers Mrs N Baker – Head of Planning Mr R Howe – Planning Legal Manager Mr G Lyon – Major Projects Manager Mrs S Ashurst – Development Manager Mr J Williams – Major Projects Team Leader Miss J Medler – Development Management Team Leader Mr D Watson – Development Management Team Leader (210) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors S Hester and P Rice. Councillor B Smith was present in his capacity as local Member for Minute (216) and had appointed a substitute for the meeting as he had to leave early. Two substitute Members attended the meeting as shown above. (211) MINUTES The Minutes of a meeting of the Committee held on 11 February 2016 were approved as a correct record and signed by the Chairman. (212) ITEMS OF URGENT BUSINESS None. (213) DECLARATIONS OF INTEREST Minute 218 Councillor: R Shepherd Development Committee Interest Knows the applicants very well and had dealt with the neighbours. He spoke on this matter but did not vote. 1 10 March 2016 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. (214) CROMER - PF/15/1365 - Refurbishment of various elements of the Cromer West Promenade, including the Art Deco Cafe, the Anglian Water pumping station and the adjacent Edwardian Chalets.; Sites on West Promenade, Cromer, NR27 9HE for North Norfolk District Council The Committee considered item 1 of the Officers’ reports. Councillor N Pearce considered that the proposed development was good although he was concerned with regard to the materials to be used for the Art Deco café, the maintenance of vegetation and potential to attract rats. He asked if the possibility of land slips had been considered. The Development Management Team Leader stated the design team would have considered land stability and that the existing concrete hardstandings would be used where possible. He would raise Councillor Pearce’s concerns regarding maintenance of vegetation with the appropriate department. In response to questions by Councillors Mrs P Grove-Jones and Mrs A ClaussenReynolds, the Head of Planning explained that the cleansing and maintenance of the proposed toilets was not a planning issue. She undertook to contact the Council’s Property Team with regard to this issue and forward the response to Members. Councillor R Shepherd proposed approval of this application in accordance with the recommendation of the Head of Planning. Councillor N Smith seconded the proposal. In response to a question by Councillor Mrs S Butikofer, the Development Management Team Leader stated that the timescale for the works would be approximately three years. RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions relating to: Development Committee Approved plans and details External materials and colours Railing/balustrade design 2 10 March 2016 Details of proposed play equipment and any above-ground art installations Details of the proposed ramp to the Edwardian chalet building Archaeology (215) NORTH WALSHAM - PF/15/1010 - Hybrid Proposal- Full planning permission for erection of 100 dwellings and outline planning permission for 0.89 ha of commercial space; Land to the East of Norwich Road, North Walsham for Peter Foster Tofts, Annette Patricia Tofts & James Nicholls, Persimmon The Committee considered item 2 of the Officers’ reports. Public Speaker Mr C Spearing (supporting) The Major Projects Team Leader reported that the Highway Authority considered that there was insufficient pedestrian demand to justify a signalled pedestrian crossing and, in the longer term, alternative pedestrian routes would be available through the adjacent development. Certain works would be undertaken to the Yarmouth Road/Norwich Road junction following receipt of Section 106 contributions in association with this development and the Hopkins Homes development. Works would be completed following receipt of a further contribution in association with the remaining part of the allocation. The Major Projects Team Leader reported that further amended plans had very recently been received which included some of the design amendments requested by the Committee and Conservation and Design Officer. He displayed the amended plans and indicated the amendments to the layout and house types. The developer had stated that the affordable housing was ‘tenure blind’ with house types being the same as the market housing. He considered that the scheme had been improved although some issues had not been addressed. The applicant’s agent had indicated that he would be willing to give further consideration to addressing some of the suggested amendments. The Major Projects Team Leader requested delegated authority to approve this application subject to further design amendments in liaison with the Council’s Conservation and Design Officer and subject to the imposition of appropriate conditions and completion of a Section 106 Obligation. The application would be brought back before the Committee if satisfactory amendments could not be achieved. Councillor Ms V R Gay, a local Member, welcomed the Section 106 contributions and appreciated the efforts of the Conservation and Design Officer and developer with regard to the proposal. She had been unable to consider the revisions to the proposal in detail. She was disappointed that some of the Conservation and Design Officer’s suggestions had not been taken up by the developer. She requested that this application be deferred to secure more changes to the proposal and suggested that the Committee visit the site again. Councillor R Shepherd considered that Officers had been quite successful in securing changes to the proposal and had gone almost as far as they could. He proposed delegated authority to approve the application as requested by the Major Projects Team Leader. Councillor Ms M Prior considered that the type and spread of affordable housing across the site was good. She seconded the proposal. Development Committee 3 10 March 2016 In response to a question by Councillor N Smith, the Major Projects Team Leader stated that if approved, a condition would be imposed to require compliance with Policy EN6 with regard to renewable energy. A reasonable number of dwellings in the proposed scheme were oriented with living areas facing south. Councillor Mrs A Claussen-Reynolds considered that it was a pity the developer had not put the current proposal forward to start with. However, what had been achieved demonstrated the strength of the Committee. She considered that this application should be approved provided the Conservation and Design Officer’s comments were taken on board. Councillor P W High supported delegated approval but requested a report outlining any further changes which had been achieved. The Head of Planning advised that the terms of the decision needed to be clear and the Committee should either give delegated approval or defer this application. She suggested that if delegated approval were given an update could be circulated to Members. Councillor High supported this suggestion. RESOLVED by 12 votes to 0 That the Head of Planning be authorised to approve this application subject to further design amendments in liaison with the Council’s Conservation and Design Officer and subject to the imposition of appropriate conditions and completion of a Section 106 Obligation. (216) PASTON - PF/15/1198 - Demolition of accommodation Block B, swimming pool and laundry. Use of land to station 21 holiday lodges, reception building, wardens accommodation together with realignment of internal roads and associated landscaping.; Mundesley Holiday Centre, Paston Road, Mundesley for Mundesley Holiday Village Ltd The Committee considered item 3 of the Officers’ reports. Public Speakers Mr N Bardswell (Paston Parish Council) Mr Smith (supporting) The Major Projects Manager reported that contrary to the statement on page 25 of the report, a small section of the site was within the Coastal Erosion Zone. An updated layout plan had been requested which was anticipated shortly. If approved, an occupancy condition would be required in respect of the warden’s accommodation. Councillor B Smith, the local Member, stated that his concerns regarding landscaping had been addressed. He was concerned regarding the exit from the site onto the C634 in the Mundesley direction. His concerns regarding drainage and sewerage had been addressed. He requested that the chalets should be low key in colour. He welcomed the proposal and considered it would be good for Paston. Councillor R Shepherd considered that most issues had been addressed. proposed approval of this application as recommended. He Councillor Mrs A Claussen-Reynolds considered that the scheme was sympathetic provided neutral colours were used. The development would bring the Development Committee 4 10 March 2016 accommodation up to 21st century standards and meet people’s expectations of holiday accommodation. She requested that landscaping be carried out as soon as possible and that a maintenance condition be imposed. The Major Projects Manager stated that much of the landscaping had been completed. A condition would be imposed to ensure that landscaping was retained and maintained. With regard to highways, the Highway Authority had raised no objection subject to visibility splays being secured and it was not proposed to lower the speed limit. Councillor Mrs A Claussen-Reynolds seconded the proposal to approve this application. RESOLVED unanimously That this application be approved subject to the imposition of conditions including those relating to surface and foul water drainage, highway matters, contamination, landscaping, colour of the lodges, lighting and any other conditions considered appropriate by the Head of Planning. (217) RUNTON - PF/15/1373 - Extensions to annexe; 2 Garden Cottages, Felbrigg Road, East Runton for Mr and Mrs Huish The Committee considered item 4 of the Officers’ reports. Public Speaker Mr Huish (supporting) Councillor Mrs S Butikofer, the local Member, stated that she had spoken to both the applicants’ son and the neighbour and both had made relevant comments. She stated that the property had an existing annexe which could benefit from updating. However, she was concerned that a new dwelling could be created as no link was shown between the annexe and the existing house. She considered that the proposed extensions would have an overbearing impact and cause overshadowing and loss of light to neighbouring dwellings. She considered that the proposal was contrary to Core Strategy Policy EN4. She requested refusal of this application. Councillor R Shepherd considered that there were no planning reasons on which to refuse this application and proposed the Officer’s recommendation. This was seconded by Councillor Ms M Prior. In response to a question by Councillor Mrs S Butikofer, the Development Management Team Leader explained that the proposed extension was approximately 10m from the adjacent dwelling. The Design Guide basic amenity criteria were for guidance and the proposal was not contrary to policy. RESOLVED by 8 votes to 0 with 4 abstentions That this application be approved subject to the conditions listed in the report. Development Committee 5 10 March 2016 (218) SHERINGHAM - PF/15/1767 - Erection of two-storey extension to side and first floor extension to rear of dwelling; 14 Hadley Road for Mr & Mrs Fish Councillor R Shepherd declared that he knew the applicants very well and had dealt with the neighbours. He would speak but not vote on this matter. The Committee considered item 5 of the Officers’ reports. Public Speaker Mr S Howes (supporting) Councillor R Shepherd stated that he was not totally satisfied that the requirements of Policy EN4 had been met. Although the footprint of the extension was not much larger than the existing extension, the mass of the extension was much larger. The proximity of the extension to the fence left little room for maintenance. He considered that the extension would block light to the neighbouring property. Councillor P W High referred to other extensions to dwellings in Hadley Road. He proposed approval of this application which was seconded by Councillor Mrs P GroveJones. RESOLVED That this application be approved subject to the conditions listed in the report. (219) STALHAM - PF/15/1857 - Erection of 2 bungalows and associated works (Revised Scheme 15/1370 refers); Land adjacent to Holly Grove, Yarmouth Road for East Anglian Property Limited The Committee considered item 6 of the Officers’ reports. Public Speaker Mr A Presslee (supporting) The Development Management Team Leader informed the Committee that the proposal did not trigger an affordable housing requirement. The larch tree was no longer relevant as it had been removed. He recommended refusal on grounds as set out in the report with the exception of reasons relating to the larch tree and affordable housing. Councillor R Stevens, a local Member, stated that he had spoken to the neighbours to the north and south of the site who had expressed support for this scheme in preference to the approved scheme. He questioned the Human Rights assessment in the report as the previously approved two-storey house would have a greater impact on the neighbours’ privacy than the current proposal. He had consulted a local estate agent who had confirmed that there was a great demand for bungalows in the Stalham area, which was a popular area for retirement. This proposal would result in two additional bungalows and help to address the housing shortage. The applicant had agreed to plant trees to replace those which had been removed. The Planning Legal Manager advised the Committee that Human Rights were material to the Committee’s decision. Development Committee 6 10 March 2016 Councillor Mrs P Grove-Jones, also a local Member, supported refusal of this application as recommended. Whilst there was a need for bungalows, she supported the Town Council’s view that the development would appear cramped with reduced garden space. She expressed concern regarding the impact on trees on the site. She proposed refusal of this application which was seconded by Councillor Mrs V Uprichard. Councillor P W High stated that he was inclined to agree that bungalows would be preferable. He referred to the existing permission for one house on the plot. Councillor Ms M Prior expressed concern that the interpretation of policy appeared to differ depending on the situation and that guidelines were blurred. She expressed concern at the incremental rise in the number of dwellings on the site as a whole and the lack of affordable housing provision. A number of Members expressed a view in favour of bungalows but it was recognised that the proposal was contrary to policy. It was proposed by Councillor Mrs P Grove-Jones, seconded by Councillor Mrs V Uprichard and RESOLVED by 9 votes to 2 with 1 abstention That this application be refused in accordance with the recommendation of the Head of Planning with the exception of reasons related to the larch tree and affordable housing provision. (220) 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 7 of the Officers’ reports. Public Speaker Mr Tuart (objecting) The Development Management Team Leader read to the Committee the views of Councillor V FitzPatrick, a local Member, who was unable to attend the meeting. Councillor FitzPatrick considered that this application should be refused on grounds related to loss of amenity for neighbouring properties and adverse impact on properties within a Conservation Area. Councillor Mrs P Grove-Jones considered that the proposal would appear out of place and set a precedent for further infilling around the courtyard. She expressed concern that the extension could be used as an additional bedroom. Councillor R Shepherd considered that there appeared to be a good deal of separation between the proposed extension and the neighbour’s fence. The courtyard was not, strictly speaking, an open courtyard and the proposal would infill a private recreation area. Councillor P W High considered that there were no planning reasons on which to refuse this application and proposed approval as recommended by the Head of Planning. This proposal was not seconded. It was proposed by Councillor N Coppack, seconded by Councillor N Pearce and Development Committee 7 10 March 2016 RESOLVED by 9 votes to 2 That consideration of this application be deferred to allow the Committee to undertake a site inspection. (221) PLANNING APPEAL DECISIONS The Committee considered item 8 of the Officers’ reports. The Planning Legal Manager referred to a number of recent appeal decisions in the Council’s favour, summaries of which were appended to the report. He stated that the Council had not been successfully challenged on the five-year housing land supply. The Planning Legal Manager referred to the forthcoming review of the Local Plan. There had been a number of applications for infill development which the Committee had refused on policy grounds, albeit reluctantly in some cases. In the event of a change in policy some of the applications were likely to come forward again. He urged the Committee not to try to change policy through the consideration of applications. The Planning Legal Manager reported that the summary relating to Beeston Regis PF/14/1515 contained an error in that the Highway Authority’s consultation response had not requested refusal. The Highway Authority had requested that modifications be made and it was on that basis that the Inspector did not find the propsal harmful to highway safety. Councillor R Shepherd, speaking on behalf of Councillor Mrs S A Arnold, the Portfolio Holder, who had left the meeting, stated that the appeal decisions endorsed the consistent approach of the Planning Team and Development Committee. The Committee should be confident in its future decision making knowing that its decisions had been upheld. The Head of Planning reported a Court decision in respect of a prosecution brought by the Council for the removal of protected trees at Beech House, Hayes Lane, Fakenham. The developer had received a heavy fine which should act as a deterrent to other developers. Councillor Shepherd reported that Councillor Mrs Arnold considered that the Court’s decision showed developers that flouting planning and TPOs would not be tolerated. She wished to congratulate the Landscape Officer and everyone else involved in the successful prosecution. The Committee noted the report. (222) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 9 of the Officers’ reports. (223) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 10 of the Officers’ reports. (224) NEW APPEALS The Committee noted item 11 of the Officers’ reports. Development Committee 8 10 March 2016 (225) INQUIRIES AND HEARINGS - PROGRESS The Committee noted item 12 of the Officers’ reports. (226) WRITTEN REPRESENTATIONS APPEALS - IN HAND The Committee noted item 13 of the Officers’ reports. (227) COURT CASES – PROGRESS AND RESULTS The Committee noted item 14 of the Officers’ reports. The meeting closed at 12.50 pm. CHAIRMAN 7 April 2016 Development Committee 9 10 March 2016