1 OCTOBER 2009 Minutes of a meeting of the DEVELOPMENT CONTROL COMMITTEE (EAST) held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present: Councillors Mrs C M Wilkins (Chairman) S J Partridge (Vice-Chairman) Mrs S Arnold M J M Baker Mrs B McGoun Mrs M Seward B Smith Mrs L Walker P J Willcox Ms V R Gay - North Walsham West Ward E Seward - North Walsham North Ward Officers: Mr J Williams - Development Control Manager (East) Mr R Howe - Planning Legal and Enforcement Manager (64) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS An apology for absence was received from Councillor Miss P E Ford. There were no substitute Members in attendance. (65) MINUTES The Minutes of a meeting of the Committee held on 3 September 2009 were approved as a correct record and signed by the Chairman. (66) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which she wished to bring before the Committee. (67) DECLARATIONS OF INTEREST Councillor Mrs M Seward declared an interest, the details of which are given under the minute of the item concerned. (68) NORTH WALSHAM: Derelict and dormant sites (complaints from North Walsham Town Council) Councillor Mrs M Seward declared a personal interest in the site at 48/50 Bacton Road as she was a resident of Bacton Road. The Committee considered item 1 of the officers’ reports which listed a number of sites in and around North Walsham which are the subject of complaints from the Town Council. Public Speaker Mrs Rose (North Walsham Town Council) Development Control Committee (East) 1 1 October 2009 The Planning Legal and Enforcement Manager referred to publicity regarding this matter and stated that there was no suggestion that the town was an industrial wasteland. Its public spaces were very well maintained. The Planning Legal and Enforcement Manager outlined the legal issues with regard to the service of notices under Section 215 of the Town and Country Planning Act 1990 and stated that both he and the Development Control Manager (East) had inspected the sites in question. Most were secure and surrounded by temporary security fencing. Some of the sites were being reclaimed by nature with weed growth and self-sown buddleia. The Town Council had suggested the use of weedkiller on these sites. However this was not considered to be a sustainable method of control given the benefits to wildlife provided by the plants. The Development Control Manager outlined the planning issues related to these sites. He confirmed that demolition was currently taking place on the HL Foods site as part of a 9-month programme of demolition for the whole site. Councillor E Seward, a local Member, referred to a site at 4 Market Street which had been cleared using Section 215 powers. This had subsequently prompted action on behalf of the developer. He stated that whilst it was sometimes considered that development was not taking place because the Council was reluctant to grant planning permission, it was in fact the case that some of the sites in question had planning permission but no development had taken place. He stated that vegetation on some of the sites caused problems for people with hay fever and asked that the vegetation be pruned back if it was not desirable to use weedkiller. He requested that each site be considered on its own merits and that appropriate powers be used to resolve the issues. In addition to the sites listed in the report he referred to the former General Trailers site on Cromer Road where the steel framework of the former factory buildings remained. The Planning Legal and Enforcement Manager confirmed that a planning application had been submitted for the Market Street site. However in the event of planning permission being granted there was no guarantee that development would take place. He referred to the General Trailers site and explained that the owner did not want to remove the steelwork as it was the intention to re-use the buildings for warehousing in the future. Councillor Mrs M Seward read the comments of Councillor Ms V R Gay, a local Member, who had left the meeting for another appointment. Councillor Ms Gay welcomed any action that could be taken and considered it was unfortunate that most of the sites in question were on gateways into the town. These sites had been discussed with officers on a number of occasions. She supported biodiversity and did not agree with the spraying of poison. With regard to her own views, Councillor Mrs Seward considered that if the image and feel of the town were improved local residents would feel better about the town. Councillor Mrs L Walker stated that the Council’s duty under Section 17 of the Crime and Disorder Act should not be forgotten. There was potential for vandalism and illegal use of such sites. She requested that substantial fences be erected around the sites if they were to be mothballed. The Planning Legal and Enforcement Manager stated that the temporary fencing that had been erected was substantial and designed for security. However, if sufficient clips were not used to connect the mesh panels they became loose. He stated that insecure fencing was a health and safety matter. Section 215 notices could not be used to require secure fencing to be erected. Development Control Committee (East) 2 1 October 2009 Councillor Mrs B McGoun suggested that Community Service could be used to clear some of the sites. Councillor M J M Baker stated that whilst the sites were unsightly the matter had to be approached with a degree of realism in the current economic climate. If action was too heavy handed it could place an unnecessary burden on small developers and result in jobs being lost. He stated that the mesh panels were secure if erected properly and he considered that the site owners should be requested to do so. He suggested that flower seeds could be scattered on the sites as a temporary measure to improve their appearance. He considered that it was not economically feasible to remove rubble from the sites if it was the intention to reuse it on the site at a later date. He stated that sites were not being developed due to the current economic disaster which was beyond the developers’ control and it was unfair to add to the burden. Councillor P J Willcox considered that the sites would remain undeveloped for a number of years. He suggested that developers should be offered incentives to find an alternative use for the sites in the short term, such as temporary car parking or play areas which would be of benefit to the town. The Planning Legal and Enforcement Manager explained that planning permission would be required for a material change of use of the land, although land could be used for certain purposes for 28 days per year without requiring permission. Councillor Mrs C M Wilkins considered that the worst of the sites was the Railway Station Yard and requested that rubbish and a derelict portable building be removed. Councillor B Smith stated that the Youth Offenders Scheme was currently looking for projects. Whilst the scheme could not be used for moving the portakabin it might be able to assist with general clearing and gardening. Councillor S J Partridge considered that clearance should be the responsibility of the landowners. 1. HL Foods site, Norwich Road The Planning Legal and Enforcement Manager reported that all buildings would be demolished over the next nine months. This would result in piles of rubble which Environmental Health had agreed could remain on the site. Councillor Mrs M Seward expressed concern that the site was not secure and she had witnessed young people entering the site. RESOLVED That the outcome of demolition works be awaited and Environmental Health be requested to ensure that the site is secured. 2. Station Yard site, Norwich Road The Planning Legal and Enforcement Manager requested authority to serve a Section 215 Notice if necessary. However steps would be taken in the first instance to negotiate clearance of the site and removal of the portakabin. Development Control Committee (East) 3 1 October 2009 Councillor Mrs S A Arnold suggested that the site could be owned by Railtrack. She requested that pressure be put on the landowner to sell the site on the open market if this were the case. RESOLVED That the Head of Planning and Building Control be authorised to serve a Notice under Section 215 of the Town and Country Planning Act if necessary to require the clearance of the site and removal of the portakabin. 3. Former Holburn Tyres site, Norwich Road The Planning Legal and Enforcement Manager stated that this site was well fenced, with self-sown vegetation. He suggested that this site be monitored but that no action be taken at this time, subject to checking the security of the fencing. Councillor E Seward considered that this was a good site to sow seeds as suggested by Councillor M J M Baker. RESOLVED That, subject to checking the security of the fencing, the site be monitored but no action be taken at the present time. 4. Former Marricks Ropes site, Cromer Road The Planning Legal and Enforcement Manager considered that there was no evidence of regular trespass. There could possibly be some bat interest in the derelict building and it was understood that there could be lizards on the site. The site was away from residential dwellings and he recommended that no action be taken on this site. RESOLVED That no action be taken on this site. 5. Former Builder’s Yard, Cromer Road The Planning Legal and Enforcement Manager stated that there was a substantial chain link fence at the rear of the site, although the front of the site was not secure. The site would be redeveloped in time. He recommended that pressure be put on the landowner to secure the front of the site and clear the front garden of the dwelling but otherwise no action be taken. RESOLVED That pressure be put on the landowner to secure the front of the site and clear the front garden of the dwelling but otherwise no action be taken. Development Control Committee (East) 4 1 October 2009 6. Site at 48/50 Bacton Road The Planning Legal and Enforcement Manager reported that this site had planning permission for development. Scaffolding was ready to be erected and some work had been carried out. He recommended that this site be monitored but no action be taken at the present time. RESOLVED That this site be monitored but that no action be taken at the present time. 7. Former Howards Coachworks site, Mundesley Road The Planning Legal and Enforcement Manager reported that this site was vacant. Buildings had been demolished and the site had been fenced. He recommended that the site be monitored but no action be taken at the present time. Councillor P J Willcox considered that the developer should be given an incentive to create a temporary public open space, play area or car park rather than sow seeds on the site. In response to a question by Councillor Mrs S A Arnold, the Planning Legal and Enforcement Manager stated that Environmental Health and the Health and Safety Executive required developers to keep sites secure for health and safety reasons. RESOLVED That this site be monitored but that no action be taken at the present time. 8. Former Hall Lane Garage site, Hall Lane The Planning Legal and Enforcement Manager stated that the buildings had been demolished and the site was vacant. He recommended that the site be monitored but that no action be taken. RESOLVED That this site be monitored but that no action be taken at the present time. 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. Development Control Committee (East) 5 1 October 2009 Applications approved include a standard time limit condition as condition number 1 unless otherwise stated. (69) HOVETON - 20090742 - Erection of single-storey dwelling and garage; 32 Stalham Road for Mr Bygrave The Committee considered item 2 of the officers’ reports. The Committee expressed concern that the local Member, who had called in this application, did not attend the meeting or send in his comments. There was an expectation under the Council’s Planning Protocol that Members should attend the Committee meeting at which a called in application was discussed. After discussion of the appropriate action to take on this matter it was agreed to publish an item in the Members’ Bulletin to remind Members of this requirement. The Development Control Manager stated that Councillor Dixon had submitted comments to the case officer when he had called in the application. He read those comments to the Committee. The Development Control Manager reported that an amended plan had been received. He recommended approval of this application subject to the imposition of appropriate conditions. Councillor Mrs S A Arnold considered that permitted development rights for rooms in the roofspace and rooflights should be removed to prevent overlooking of the neighbouring property. It was proposed by Councillor Mrs S A Arnold, seconded by Councillor Mrs L Walker and RESOLVED That this application be approved subject to the imposition of appropriate conditions to include removal of permitted development rights for rooms in the roofspace and rooflights. (70) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 3 of the officers’ reports. (71) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 4 of the officers’ reports. (72) NEW APPEALS The Committee noted item 5 of the officers’ reports. (73) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 6 of the officers’ reports. Development Control Committee (East) 6 1 October 2009 (74) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 7 of the officers’ reports. (75) APPEAL DECISIONS The Committee noted item 8 of the officers’ reports. The meeting closed at 11.15 am. Development Control Committee (East) 7 1 October 2009