7 FEBRUARY 2008 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) E Seward (Vice-Chairman) Mrs S A Arnold M J M Baker Miss P E Ford Mrs B McGoun B Smith Miss L Walker P J Willcox H C Cordeaux - substitute for Miss C P Sheridan N D Dixon - Hoveton Ward Ms V R Gay - North Walsham West Ward Mrs A M Tillett - Poppyland Ward Officers: Mr J Williams - Development Control Manager (East) Mr J Chinnery - Locum Solicitor Mr I Thompson - Senior Planning Officer (East) Mr P Took - Senior Planning Officer (East) Mr P Cason - Enabling Team Leader Mr S Coleman - Development Control Officer (NCC Highways) (207) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors M R E Birch and Miss C P Sheridan. There was one substitute Member in attendance as shown above. (208) MINUTES The Minutes of a meeting of the Committee held on 10 January 2008 were approved as a correct record and signed by the Chairman. (209) 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 in Hoveton which was to be determined by the Broads Authority. The reason for urgency was enable representations to be made on this application at the request of the local Member. (210) DECLARATIONS OF INTEREST Councillor Mrs B McGoun declared an interest, the details of which are recorded under the minute of the item concerned. Development Control Committee (East) 1 7 February 2008 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. (211) AYLMERTON - 20071981 - Retention of window in north-west elevation; Durian House Beechwood Avenue for Mr J Pitcher The Committee considered item 1 of the officers’ reports. Public Speakers Mr Rampling (Aylmerton Parish Council) Mrs Brittain (objecting) Mrs Pitcher (supporting) Councillor H C Cordeaux queried the likely outcome of an appeal against refusal of this application. The Development Control Manager explained that an Inspector would only consider the impact on the neighbour. He stated that, in his opinion, there would be no overlooking of the neighbour. Councillor M J M Baker was very concerned that the removal of permitted development rights was not final. He was concerned that approval of this application would set a precedent. The Locum Solicitor explained that removal of permitted development rights could not prevent development altogether but it meant that a planning application had to be submitted for the Local Planning Authority’s consideration. Councillor Baker requested that both Development Control Committees be made aware of this explanation. Councillor Miss P E Ford considered that the window was small, overlooked a driveway and its purpose was to allow light into the stairwell. She expressed surprise that this matter had come to Committee. It was proposed by Councillor Miss P E Ford, seconded by Councillor Mrs S A Arnold That this application be approved in accordance with the recommendation of the Head of Planning and Building Control. On being put to the vote, 3 Members voted in favour, 4 against with 2 abstentions. The proposition was declared lost. Development Control Committee (East) 2 7 February 2008 It was proposed by Councillor Miss L Walker, seconded by Councillor M J M Baker That this application be refused on the grounds that the window has an unacceptable impact on the neighbouring property by reason of overlooking. On being put to the vote, 4 Members voted in favour, 4 against with 1 abstention. On the casting vote of the Chairman the proposition was declared lost. RESOLVED That this application be approved in accordance with recommendation of the Head of Planning and Building Control. the (212) BACTON - 20071523 - Formation of overflow car park with earth bund screen; Shell (UK) Ltd Paston Road for Shell UK (Bacton) The Committee considered item 2 of the officers’ reports. Public Speaker Mrs Fletcher (supporting) The Senior Planning Officer recommended amendments to the proposed conditions to allow use of the car park between 7 am and 6 pm, to require details of all lighting to be submitted and approved prior to installation, no buildings or structures to be erected and the car park to be used as a car park and drop-off point only. Councillor B Smith, a local Member, questioned the applicant’s statement that the bund could not be increased in height as it would need to be extended in width over the Interconnector pipeline. He stated that the Interconnector pipeline passed through the countryside and under roadways so he could not understand why it would be a problem. He stated that local residents were concerned at encroachment into Seagulls Field. He considered that the car park, existing police units and any other temporary buildings as requested by the supporting spokesperson to be encroachment of development into the countryside. He questioned the need for the car park when other terminals on the complex did not have a problem. He considered that the suggested landscaping, including trees, was acceptable. Councillor Mrs S A Arnold requested that a condition be imposed to require notice to be given to the Authority in the event of the applicant wishing to site a temporary welfare cabin on the land. She also requested assurance that the footpath would remain open whilst it was within the applicant’s powers to do so. Councillor H C Cordeaux emphasised the importance of proper management of the wildflower meadow. He suggested that Corsican pine be included in the landscaping scheme. He stated that the footpath was important for both residents and tourists and should be formalised. The Senior Planning Officer stated that the applicant had agreed to a management plan for the meadow. The Landscape Officer was satisfied with the landscaping scheme. The Development Control Manager explained that the informal footpath had been offered by the applicant. However, formalisation of the arrangement would be too restrictive for operational and security reasons. Development Control Committee (East) 3 7 February 2008 Councillor H C Cordeaux requested that an alternative temporary route be provided when the path was closed. Councillor Miss P E Ford asked if an affordable housing contribution could be secured in return for the car park. She requested a Section 106 Agreement to secure the footpath and wildflower meadow. The Development Control Manager explained that any gain had to be directly related to the proposal. He considered that the applicant’s offer of a footpath and landscaping was directly related to the application, but anything further would go beyond what was reasonable in planning terms. He stated that the footpath and wildflower meadow could be secured by conditions. In response to a question the Development Control Manager stated that the mobile police unit was outside the application site. Councillor M J M Baker was concerned at the lack of information regarding the trees. He considered that proposed condition 7 should be reworded. In response to Members’ concerns with regard to possible storage on the site, the Locum Solicitor explained that permission was not being given for any form of storage at the present time, and any storage or dropping off could only be justified if it was so small that it did not become a change of use. The Development Control Manager explained that permitted development rights existed for buildings and plant in association with building work or operations. Planning permission would not be needed for a temporary period. It was proposed by Councillor H C Cordeaux, seconded by Councillor E Seward and RESOLVED That this application be approved in accordance with the recommendation of the Head of Planning and Building Control, subject to condition 3 being amended to allow use between 7.30 am and 6.00 pm, condition 4 being amended to require details of all lighting to be submitted and approved, the landscaping scheme to include holm oak, buckthorn and Corsican pine, the submission of a management scheme for the meadow and bund, and a condition to require the footpath to remain open to the public except in circumstances of emergency or operational need and to require details of an alternative route to be submitted in such cases. (213) BACTON - 20071672 - Erection of first floor extension to provide two flats; Pruners Hairsalon and Village Newsagents Walcott Road for Mr Nursey and Ms Dixon The Committee considered item 3 of the officers’ reports. Councillor B Smith, a local Member, asked if a complete survey had been done to assess the strength of the existing building. The Senior Planning Officer explained that the strength of the buildings would be dealt with under Building Regulations and was not a matter for consideration under the planning application. Development Control Committee (East) 4 7 February 2008 It was proposed by Councillor P J Willcox, duly seconded and RESOLVED unanimously That this application be approved in accordance with recommendation of the Head of Planning and Building Control. the (214) COLBY - 20071583 - Conversion of barn to one unit of holiday accommodation; Barn rear of Poplar Farm North Walsham Road Banningham for Colin Read This application had been withdrawn. (215) COLBY - 20071766 - Erection of agricultural storage building; Colby Hall Church Road for Stratton Streles Estates The Committee considered item 5 of the officers’ reports. Public Speaker Mr Andrews (supporting) The Senior Planning Officer recommended approval of this application subject to conditions to require details of ventilation and extraction equipment to be submitted prior to installation in the building. Councillor P J Willcox, the local Member, stated that buildings of this type tended to shine when painted and requested that consideration be given to this problem. He considered that a 5-metre wide belt of trees would be appropriate to screen the building and help to minimise noise from the farm. He considered that signage of the HGV route should be regularised and highlighted to ensure that vehicles used the correct route. The Development Control Manager stated that the majority of the signage had been erected by the Highway Authority, except for the signs within the farmyard which requested drivers to use the designated route. It was proposed by Councillor P J Willcox, seconded by Councillor Miss P E Ford and RESOLVED That this application be approved subject to conditions to require details of ventilation and extraction equipment to be submitted prior to installation in the building, agreement on the external finish and the submission of a landscaping scheme to include trees. (216) CROMER - 20071737 - Display of illuminated advertisements; Homebase Holt Road for Homebase Limited The Committee considered item 6 of the officers’ reports. The Development Control Manager requested delegated authority to approve this application subject to no new objections from Cromer Town Council and subject to conditions clearly specifying the illumination details. Development Control Committee (East) 5 7 February 2008 Members were concerned at the number of signs being proposed on the building. Councillor P J Willcox considered that the sign on the roadside elevation was unnecessary as the landscaping would obscure it from view. It was proposed by Councillor Mrs B McGoun, seconded by Councillor Mrs S A Arnold and RESOLVED That the illuminated sign and ‘garden centre’ sign on the front of the building be approved subject to appropriate conditions, and that the remaining signs be refused on visual amenity grounds. (217) HORNING - 20071734 - Erection of fifteen two-storey houses/flats and two bungalows; Petersfield House Hotel 101 Lower Street for Cripps Development Limited Councillor Mrs B McGoun declared a personal and prejudicial interest as she was a neighbour. She spoke on this application as a local Member and then vacated the Council Chamber during consideration of this matter. The Committee considered item 7 of the officers’ reports. Public Speakers Mr Morrison (Horning Parish Council) Mr Saunders and Mr Pinder (objecting) Mr Cripps (supporting) The Senior Planning Officer reported that revised arboricultural details had been received but there had been insufficient time to consider them in detail. The Landscape Officer had commented that the proposal would require the removal of a number of trees. Further work would be required to safeguard the future of the significant trees on the site. The Senior Planning Officer stated that the internal roadways would remain private because the layout of the site would be affected if they were of adoptable standard and wide roads were considered to be inappropriate in this development. A long term maintenance agreement would be required for the roads and communal areas. There was a slight shortfall in the parking space for the flats but it was not considered sufficient to recommend refusal. The Senior Planning Officer stated that four affordable units were considered appropriate for the development following assessment by the Enabling Officer. The neighbouring residents had raised concerns regarding drainage. However, when addressing the Committee one of the objectors referred to discussions he had had with the developer and it was now proposed to provide drainage for all of the units to a new sewer which would address the neighbours’ concerns. The supporting spokesperson had confirmed that this was the case. The Senior Planning Officer requested delegated authority to approve this application subject to further revisions to the layout to address the concerns of the Landscape Officer. Development Control Committee (East) 6 7 February 2008 Councillor Mrs B McGoun, having declared an interest in this application, addressed the Committee as local Member and requested a site inspection. Councillor M J M Baker expressed concern that Members had not been given full information in respect of the design of the dwellings and the arboricultural report. He proposed deferral to enable the Committee to be provided with full details. Councillor Miss P E Ford requested that play space for young children and grey water recycling be considered as part of the scheme. She was concerned with regard to the loss of trees and wildlife habitat. Councillor Miss L Walker requested clarification in respect of the roadway and its future maintenance. The Senior Planning Officer explained that if a private road was considered to be acceptable it would require a maintenance agreement in perpetuity. Councillor E Seward requested confirmation that the proposed drainage system was acceptable to Anglian Water, clarification in respect of which trees were to be lost and whether or not the proposed parking provision was acceptable to the Highway Authority. He requested clarification on the affordable housing issue. The Enabling Team Leader explained in general terms how the Strategic Housing Section had considered the information provided by the applicant. He considered that the four units being offered reflected the viability of the site. He stated that the flats did not meet the Housing Corporation space standards, which were very generous. Councillor E Seward questioned the acceptability of the affordable units given that they did not meet the space standards required by the Housing Corporation. He did not understand the viability issue and requested that information be provided to show how officers had made their assessment. It was proposed by Councillor Miss P E Ford, seconded by Councillor H C Cordeaux and RESOLVED unanimously That consideration of this application be deferred to allow a site inspection by the Committee and that the local Member and Chairman of the Parish Council be invited to attend. (218) NEATISHEAD - 20071814 - Erection of village hall; land at The Street for Neatishead Parish Council The Committee considered item 8 of the officers’ reports. Public Speaker Mr McFadyen (Neatishead Parish Council) The Senior Planning Officer reported that an amended plan had been received in respect of a more modest scheme which largely addressed the design concerns. The Conservation, Design and Landscape Manager now supported this application. The Senior Planning Officer recommended approval of this application, as amended, subject to the imposition of appropriate conditions. Development Control Committee (East) 7 7 February 2008 Councillor Mrs B McGoun, the local Member, stated that a new village hall was long overdue. She referred to the eco-friendly design of the building which would put Neatishead and the surrounding area in the forefront of community eco-design and become a flagship for North Norfolk’s green design. Councillor Mrs S A Arnold commented that whilst some of the flat roofed elements had grass roofs, the element which had been reduced from two-storey to singlestorey did not and asked if consideration had been given to this. Councillor B Smith considered that solar panels should be included. It was proposed by Councillor Mrs B McGoun, seconded by Councillor Mrs S A Arnold and RESOLVED unanimously That this application, as amended, be approved subject to the imposition of appropriate conditions. (219) NORTHREPPS - 20071711 - Demolition of single-storey dwelling and erection of five dwellings; Sunnyside Norwich Road Cromer for Glaramara Estates Limited The Committee considered item 9 of the officers’ reports. Public Speakers Mrs Callaghan (Northrepps Parish Council) Mr Jones (supporting) All Members had received information from the applicant. The Senior Planning Officer reported that amended plans had been received in respect of the access and a proposed pedestrian crossing point on the Norwich Road. The Highway Authority now had no objection to this application subject to conditions. He recommended approval of this application subject to the imposition of appropriate conditions to include those required by the Highway Authority. Councillor Mrs A M Tillett, the local Member, complimented the applicant on the design of the proposed development. However, she was very concerned with regard to road safety. She referred to the new development on the opposite side of Norwich Road which would increase the amount of traffic movements. She considered that the proposed crossing point which the applicant had agreed to provide at the request of the Highway Authority would encourage pedestrians to cross the busy road. She requested refusal of this application. Councillor H C Cordeaux supported the concerns of the local Member and Parish Council in respect of road safety. He stated that although the development was very well designed, he considered that it was inappropriate for the site. He considered that three units would be more appropriate. He proposed refusal on overdevelopment and highway safety grounds. The Development Control Officer (NCC Highways) explained why the views of the Highway Authority had been changed in the light of the amendments being proposed by the applicant. He stated that the visibility splays met the required standards and there was no objection in policy terms. Development Control Committee (East) 8 7 February 2008 Councillor Miss L Walker considered that the crossing point was inadequate and that pedestrians would take the shortest route. It was proposed by Councillor Miss P E Ford, seconded by Councillor Mrs S A Arnold and RESOLVED by 6 votes to 2 That this application be approved subject to the imposition of appropriate conditions to include those required by the Highway Authority. (220) NORTH WALSHAM - 20071764 - Erection of seventeen flats and one singlestorey dwelling; 48-50 Bacton Road for P and N Developments Limited The Committee considered item 10 of the officers’ reports. Public Speaker Mr East (supporting) The Senior Planning Officer reported that an amended plan had been received which reduced the height of one of the blocks to prevent overlooking. The Highway Authority had no objection in respect of the proposal. The Countryside Officer had requested an arboricultural assessment. The Senior Planning Officer requested delegated authority to approve this application subject to the receipt of satisfactory details to resolve the interrelationship between the trees and the living units on the north side of the site. The Chairman reported the views of Councillor E Seward, a local Member, who had left the meeting prior to consideration of this application. Councillor Seward had requested a site inspection. It was proposed by Councillor Miss P E Ford, duly seconded and RESOLVED unanimously That consideration of this application be deferred to allow a site inspection by the Committee and that the local Members and Town Mayor be invited to attend. (221) NORTH WALSHAM - 20071817 - Erection of six two-storey terraced dwellings; site at Avenue Road for Stapletons (Tyre Services) Limited The Committee considered item 11 of the officers’ reports. The Senior Planning Officer reported that the Highway Authority had no objection to the amended access details. He stated that two-thirds of the site was within 140 metres of condensate tanks and it was therefore necessary to consult the Health and Safety Executive. He requested delegated authority to approve this application, as amended, subject to no objection being raised by the Health and Safety Executive in respect of the proximity of new housing to the condensate tanks. Development Control Committee (East) 9 7 February 2008 Councillor Ms V R Gay, a local Member, requested a site inspection. It was proposed by Councillor Miss P E Ford, duly seconded and RESOLVED unanimously That consideration of this application be deferred to allow a site inspection by the Committee and that the local Members and Town Mayor be invited to attend. (222) NORTH WALSHAM - 20071818 - Erection of replacement B2 tyre and mot centre; 7 Norwich Road for Stapletons (Tyre Services) Limited The Committee considered item 12 of the officers’ reports. It was proposed by Councillor Miss P E Ford, seconded by Councillor Miss L Walker and RESOLVED That consideration of this application be deferred to allow a site inspection by the Committee and that the local Members and Town Mayor be invited to attend. (223) SOUTHREPPS - 20071894 - Erection of two-storey detached dwelling; adjacent The Rodings Sandy Lane for Mrs P L Green and Mrs A J Ng The Committee considered item 13 of the officers’ reports. Public Speakers Mr Hammond (objecting) Mrs Ng (supporting) Councillor Mrs S A Arnold, the local Member, stated that the application site was part of a modest sized garden which was a valuable open space in the village, the proposed access would come out onto a very narrow road, increased hard surfaces would exacerbate an existing problem with run-off and the proposed two-storey building would be intrusive. She proposed refusal of this application on grounds related to the massing and loss of open space. Councillor P J Willcox considered that the design should incorporate chimneys. It was proposed by Councillor P J Willcox, seconded by Councillor Miss L Walker That consideration of this application be deferred to allow a site inspection by the Committee and that the local Member and Chairman of the Parish Council be invited to attend. As an amendment, it was proposed by Councillor Miss P E Ford, seconded by Councillor Mrs B McGoun That this application be approved in accordance with the recommendation of the Head of Planning and Building Control, subject to a condition to require grey water recycling. Development Control Committee (East) 10 7 February 2008 On being put to the vote, the amendment was declared lost with 2 Members voting in favour, 4 against. The original proposal was put to the vote and RESOLVED unanimously. (224) SUTTON - 20071982 - Erection of part two-storey, part first floor side extension; Lindisfarne The Street for Mr and Mrs B Carne The Committee considered item 14 of the officers’ reports. It was proposed by Councillor Mrs S A Arnold, seconded by Councillor P J Willcox and RESOLVED unanimously That this application be approved in accordance with recommendation of the Head of Planning and Building Control. the (225) WORSTEAD - 20071967 - Erection of dwelling; land adjacent to Ivy Cottage Honing Row for Mr and Mrs R Bates Councillor Mrs C M Wilkins vacated the Chair for this item to allow her to speak from the floor as local Member. Councillor E Seward (Vice-Chairman) in the Chair. The Committee considered item 15 of the officers’ reports. Public Speaker Mr Gray (objecting) The Senior Planning Officer reported that the Highway Authority was not satisfied with the proposed access details. He recommended refusal of this application on highway grounds. Councillor Mrs C M Wilkins, the local Member, stated that she had been lobbied on this application. She expressed concern in respect of the subdivision of gardens and infill development in the village. She considered that this application would not preserve or enhance the Conservation Area. It was proposed by Councillor Mrs C M Wilkins, seconded by Councillor H C Cordeaux and RESOLVED That this application be refused on highway safety grounds. Development Control Committee (East) 11 7 February 2008 (226) WORSTEAD - 20080029 - Erection of two-storey dwelling; land rear of 30 and 32 Honing Row for Worstead Farms Limited Councillor Mrs C M Wilkins vacated the Chair for this item to allow her to speak from the floor as local Member. Councillor E Seward (Vice-Chairman) in the Chair. The Committee considered item 16 of the officers’ reports. Public Speakers Mrs Harris (Worstead Parish Council) Mr Gray (objecting) Mr Paterson (supporting) The Senior Planning Officer reported that the Highway Authority had no objection to this application. He stated that the applicants had confirmed that the proposal would not make the access track narrower. He recommended approval of this application subject to appropriate conditions. Councillor Mrs C M Wilkins, the local Member, considered that this proposal was overdevelopment which bore no relationship with the existing cottages and would not enhance the Conservation Area. She considered that the impact on the neighbouring cottages would be significant. She was concerned that an archaeological survey had not been requested. She stated that there was a problem with the access to the site. She considered that a street scene should have been submitted with this application. She proposed refusal of this application on grounds related to access, impact on the Conservation Area, design and bulk. This was seconded by Councillor Miss L Walker. Councillor Miss P E Ford proposed a site inspection, which was seconded by Councillor P J Willcox. Councillor Mrs Wilkins withdrew her proposal for refusal. RESOLVED That consideration of this application be deferred to allow a site inspection by the Committee and that the local Member and Chairman of the Parish Council be invited to attend. (227) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee considered item 17 of the officers’ reports. (228) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee considered item 18 of the officers’ reports. (229) NEW APPEALS The Committee considered item 19 of the officers’ reports. (230) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee considered item 20 of the officers’ reports. Development Control Committee (East) 12 7 February 2008 (231) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee considered item 21 of the officers’ reports. (232) APPEAL DECISIONS The Committee considered item 22 of the officers’ reports. (233) HOVETON - BA/2007/0310/FUL - Demolition of existing building and erection of mixed use development comprising of residential units, wine bar and retail with ancillary car parking; Broads Hotel Station Road for Mr J R Herbert 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. The Development Control Manager reported that a planning application had been made to the Broads Authority for a development on Station Road, Hoveton. The application was related to one which had been refused by the Committee in October 2007 for the demolition of the Broads Hotel and erection of twenty-four apartments on grounds related to the loss of the hotel and the design of the development. The site now being considered by the Broads Authority was directly opposite the Broads Hotel and in the same ownership. The building and car park had been used in association with the hotel. The refusal was currently subject to an appeal. The Conservation, Design and Landscape Manager had commented on the application and had raised no objection subject to comments regarding the roof materials. The Development Control Manager reported that an email had been received from Councillor N D Dixon, the local Member, which raised concerns that in the event of the Inspector supporting the Council’s refusal of the application for redevelopment of the hotel, approval of the current application by the Broads Authority could have an impact on the future viability of the hotel. He had also raised concerns regarding the design of the proposal. Councillor N D Dixon considered the scale and massing of the proposed building was substantial and would be out of keeping with the surrounding area. He stated that if the appeal against this Council’s refusal of the earlier application were upheld it could result in two very large buildings which would create a tunnel effect. He was very concerned that the two proposals were in possible conflict and if it were within the Council’s remit to do so they would be considered together. He stated that the hotel’s viability could be prejudiced if the Broads Authority gave approval to the current application. Councillor Dixon stated that he would also be making his own comments on this application to the Broads Authority. The Development Control Manager answered Members’ questions on this matter. He stated that issues such as flood risk would be the subject of consultation by the Broads Authority. Development Control Committee (East) 13 7 February 2008 RESOLVED That the Broads Authority be informed of the Committee’s concerns in respect of the redevelopment of the site given the situation with the Broads Hotel and issues relating to design. The meeting adjourned for lunch at 1.15 pm, resumed at 1.50 pm and closed at 3.50 pm. Development Control Committee (East) 14 7 February 2008