8 MAY 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) for minutes (1) to (4) S J Partridge (Vice-Chairman) in the Chair for minutes (5) to (27) Mrs S A Arnold M J M Baker M R E Birch Miss P E Ford Mrs B McGoun Miss C P Sheridan B Smith Miss L Walker P J Willcox N P Ripley - Suffield Park Ward E Seward - North Walsham North Ward The Chairman stated that she had to leave the meeting by 10.30 am to attend a family funeral and would deal with items for which she was local Member at the beginning of the meeting. She requested that the Vice Chairman, Councillor S J Partridge, take the Chair during consideration of those items to allow her to speak as local Member and to chair the remainder of the meeting. Officers: Mr S Oxenham - Head of Planning and Building Control Mr J Chinnery - Locum Solicitor Mrs T Armitage - Senior Planning Officer (East) Mr I Thompson - Senior Planning Officer (East) Mr M Tracey - Highway Engineer (Norfolk County Council) (1) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS There were no apologies for absence or substitute Members in attendance. (2) MINUTES The Minutes of a meeting of the Committee held on 3 April 2008 and of a special combined meeting of the Development Control Committees held on 10 April 2008 were approved as a correct record and signed by the Chairman. (3) 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 for conversion of part of the former RAF Coltishall site to a Category C prison. The reason for urgency was to expedite processing of this application by undertaking an early site inspection. (4) DECLARATIONS OF INTEREST Councillors Mrs S A Arnold, M J M Baker, S J Partridge, Miss C P Sheridan and Miss L Walker declared interests, the details of which are recorded under the minute of the item concerned. Development Control Committee (East) 1 8 May 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. (5) AYLMERTON - 20080300 - Erection of two-storey dwelling; site adjoining Breck Lodge Holt Road for Westcrome Properties Limited The Committee considered item 1 of the officers’ reports. Public Speakers Mr Rampling (Aylmerton Parish Council) Miss Bryan (supporting) The Senior Planning Officer displayed a map showing accident data along this stretch of the A148. There had been no accidents in the immediate vicinity of the site. The Head of Planning and Building Control reported that Councillor V R Saunders, the local Member, considered that the traffic movements likely to be generated by this proposal were unlikely to make much difference to the flow of traffic on the A148. He stated that the road had a good safety record. The Highway Engineer stated that the role of the Highway Authority was to assess risk. This involved assessing the accident record and considering the likelihood and severity of accidents. He stated that the A148 was one of the very few corridors of movement in North Norfolk. He stated that the junction with the A148 was deficient in terms of visibility which was further compounded by the layout of the access. He stated that it was impossible to turn towards Cromer without crossing the centre line of the carriageway. He updated the Committee on the speed limit review which was being carried out along this stretch of the A148 and stated that the Highway Authority’s concerns would remain irrespective of the outcome of the review. It was proposed by Councillor Miss C P Sheridan, seconded by Councillor Mrs C M Wilkins and RESOLVED by 6 votes to 3 That this application be refused in accordance with the recommendation of the Head of Planning and Building Control. Development Control Committee (East) 2 8 May 2008 (6) BACTON - 20080322 - Demolition of dwelling and garage and erection of three dwellings and garages; Hill Top Mill Lane for E Anglian Property/Poppyfields Ltd The Committee considered item 2 of the officers’ reports. Public Speaker Mr Brown (supporting) The Senior Planning Officer amended the recommendation to delete condition 3 and to add a condition to prevent gates being erected on the front boundary without consent. Councillor B Smith, the local Member, referred to the concerns raised by the Parish Council and requested a site inspection. In answer to a question the Senior Planning Officer explained the differences between the current application and application reference 20071617 for three dwellings which was refused previously. It was proposed by Councillor Miss C P Sheridan, seconded by Councillor Miss L Walker and RESOLVED by 5 votes to 3 That this application be approved in accordance with the recommendation of the Head of Planning and Building Control, subject to the deletion of condition 3 and the imposition of a condition to prevent gates being erected on the front boundary without consent. (7) COLBY - 20080167 - Conversion and extension of outbuilding to provide additional living accommodation; Sunnyside Farm Colby Corner for Mr and Mrs Duncan The Committee considered item 3 of the officers’ reports. In response to a concern raised by Councillor P J Willcox, the local Member, the Chairman stated that planning permission would be required to amend the roof covering. It was proposed by Councillor Mrs S A Arnold, seconded by Councillor P J Willcox and RESOLVED That this application be approved subject to a condition requiring a programme of archaeological work. Development Control Committee (East) 3 8 May 2008 (8) CROMER - 20080117 - Erection of thirteen single-storey dwellings; land at Burnt Hills for A G Brown Builders Ltd Councillor M J M Baker declared a personal, non-prejudicial interest in the application as he knew the applicant. The Committee considered item 4 of the officers’ reports. Public Speaker Mr Roper (objecting) The Senior Planning Officer reported that Cromer Town Council had no objection to the revised application. One letter had been received which stated that there was no objection to bungalows but expressed concern regarding traffic. The Senior Planning Officer requested delegated authority to approve this application subject to no new planning objections being raised in respect of the amended scheme and subject to the imposition of appropriate conditions to include the withdrawal of permitted development rights. In response to a comment by the objecting spokesperson, the Locum Solicitor explained that it was necessary to balance the human rights of the applicant against the human rights of the surrounding residents. Councillor N P Ripley, the local Member, stated that the applicant had listened to the residents’ concerns. He supported this application. It was proposed by Councillor Miss C P Sheridan, seconded by Councillor Miss L Walker and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to no new planning objections being raised in respect of the amended scheme and subject to the imposition of appropriate conditions to include the withdrawal of permitted development rights. (9) CROMER - 20080308 - Erection of penthouse apartment; Marine View Promenade for Mr P Mills The Committee considered item 5 of the officers’ reports. Public Speakers Mrs Arscott (objecting) Mr Johnston (supporting) The Senior Planning Officer reported that three further letters of objection had been received on similar grounds to those set out in the report. It was proposed by Councillor Miss C P Sheridan, seconded by Councillor P J Willcox and Development Control Committee (East) 4 8 May 2008 RESOLVED by 7 votes to 1 That this application be approved subject to the imposition of appropriate conditions. (10) CROMER - 20080469 - Conversion of six flats to nine flats; 43 Church Street for Mr J Barron The Committee considered item 6 of the officers’ reports. Public Speaker Mr Clayburn (supporting) The Senior Planning Officer reported that Councillor B Cabbell Manners, a local Member, considered that nine flats was overdevelopment. Councillor Miss L Walker referred to Section 17 of the Crime and Disorder Act 1998 and considered that lighting should be installed in the yard. It was proposed by Councillor Miss L Walker, seconded by Councillor Mrs S A Arnold and RESOLVED unanimously That this application be approved subject to the imposition of a condition to require lighting in the yard area. (11) DILHAM - 20080380 - Erection of one-and-a-half-storey dwelling; Cleavers Broad Fen Lane for Mr and Mrs Cowburn The Committee considered item 7 of the officers’ reports. Public Speaker Mrs Cowburn (supporting) Councillor Miss L Walker, the local Member, considered that this application could give a family the chance to live permanently in the village. She considered that there would be no adverse impact on the character of the countryside, the highway would only be used by residents and visibility splays could be provided. She stated that traffic flowed freely on Broad Fen Lane and there had been no accidents. She proposed approval of this application, which was seconded by Councillor M J M Baker. Councillor Miss C P Sheridan stated that there were clear reasons for refusal and she could not support this application. The Head of Planning and Building Control stated that if the Committee were minded to approve this application it would need to be referred to a combined meeting of the Development Control Committees as there was a fundamental policy objection. The recommendation for approval was put to the vote and declared lost with 3 Members voting in favour and 5 against. Development Control Committee (East) 5 8 May 2008 It was proposed by Councillor Miss C P Sheridan, seconded by Councillor Miss P E Ford and RESOLVED by 6 votes to 2 That this application be refused in accordance with the recommendation of the Head of Planning and Building Control. (12) HAPPISBURGH - 20080484 - Construction of one unit of holiday accommodation; Church Farm Barns Blacksmiths Lane for Mr and Mrs Munday Councillor Miss C P Sheridan declared a personal, non-prejudicial interest in this application as she knew the applicants. Councillor Miss L Walker declared a personal, non-prejudicial interest in this application as she knew the applicants and the objector. The Committee considered item 8 of the officers’ reports. Public Speaker Mr Munday (supporting) The Senior Planning Officer reported that an objection had been received from a neighbour referring to policy issues and stating that there were already four units on site, one of which had been converted for disabled use. Councillor Miss L Walker, the local Member, stated that this application had been well researched by the applicants. She stated that there was a small number of holiday units available for people with disabilities. She stated that disabled groups provided an important source of income for the tourist industry. She considered that this application would be beneficial to all and proposed approval of this application. In answer to a question the Head of Planning and Building Control stated that there was a fundamental policy objection to this application as there was no building to convert. The Senior Planning Officer stated that the application proposed a new building on the footprint of a former building and Policy 29 did not apply and Policy 126 prohibited new build unserviced accommodation. Councillor Mrs B McGoun disagreed with the view that there was no building to convert. She considered that there was sufficient structure left to show that it was clearly a pigsty. Members were generally supportive of this application. The Head of Planning and Building Control advised the Committee that if it were minded to approve this application it would need to be referred to the Combined Committee. RESOLVED That this application be referred to a Combined meeting of the Development Control Committees with a recommendation for approval on grounds that the proposal would be of benefit to the local economy, would provide a high quality mobility scheme and is on a brownfield site, which are considered to outweigh the policy objections in this case. Development Control Committee (East) 6 8 May 2008 (13) HICKLING - 20080366 - Demolition of garage/workshop and erection of four two-storey dwellings; Andrews Garage/Bay Cottage The Green for Mr J Andrews and Ms S Blaxell The Committee considered item 9 of the officers’ reports. Public Speaker Mr Andrews (supporting) The Senior Planning Officer reported that the Environment Agency had formally removed its objection to this application as the flood risk assessment had demonstrated that that the site was in flood zone 1. However, there were outstanding concerns regarding possible contamination. The Senior Planning Officer reported that the Highway Authority accepted that it would not be practical to make alterations to the access as suggested and had raised no objections. The Senior Planning Officer recommended approval of this application subject to appropriate conditions to include contaminated land and highway conditions including formation of a turning area and visibility splays. Councillor S J Partridge stated that both he and Councillor E C Stockton, the local Members, agreed with the Parish Council that it was unfortunate to lose the business but reluctantly accepted the officer’s recommendation. It was proposed by Councillor Miss C P Sheridan, seconded by Councillor M J M Baker and RESOLVED unanimously That this application be approved subject to appropriate conditions to include contaminated land and highway conditions including formation of a turning area and visibility splays. (14) HONING - 20080209 - Continued siting of polytunnel; land at rear of Millbeck White Horse Lane Briggate for Mr Turner and Miss Bullimore Councillor Mrs C M Wilkins had vacated the Chair during consideration of this application to allow her to speak from the floor. The Committee considered item 10 of the officers’ reports. The Senior Planning Officer confirmed that the proposed use of the polytunnel was for horticultural purposes. He displayed a map showing the proximity of the site to designated wildlife sites and confirmed that neither the polytunnel nor its proposed use would have any effect on the wildlife sites. Councillor Mrs C M Wilkins stated that she had taken the lead as local Member on this application as most of the complainants were within her Ward. She stated that this was a controversial application due to other complex issues which were not related to the planning process. She stated that the polytunnel was visible from a number of vantage points and requested refusal of this application on grounds that the polytunnel had an adverse impact on the Area of High Landscape Value. Development Control Committee (East) 7 8 May 2008 Councillor Miss L Walker, the local Member, stated that she was satisfied that the polytunnel was used for horticulture and supported the application. It was proposed by Councillor Miss C P Sheridan, seconded by Councillor P J Willcox and RESOLVED by 8 votes to 1 That this application be approved in accordance with recommendation of the Head of Planning and Building Control. (15) the NORTH WALSHAM - 20080466 - Demolition of garage and erection of dwelling; 21 Rye Close for Mr K Walker The Committee considered item 11 of the officers’ reports. Public Speaker Mr Wexler (North Walsham Town Council) Councillor E Seward, a local Member, considered that the proposed dwelling would be cramped and reiterated the concerns of the neighbours regarding overlooking. It was proposed by Councillor Miss P E Ford, seconded by Councillor Mrs S A Arnold and RESOLVED unanimously That this application be refused on grounds of overdevelopment and cramped appearance of the proposed dwelling in the street scene. (16) RUNTON - 20080127 - Erection of one-and-a-half-storey detached dwelling; Laburnum Caravan Park Water Lane West Runton for Mr and Mrs J Y Randell The Committee considered item 12 of the officers’ reports. Public Speaker Mr Mawdsley (objecting) The Head of Planning and Building Control reported that Councillor V R Saunders, the local Member, considered that this application should be refused as it was outside the development boundary and had questioned why a permanent dwelling was necessary. It was proposed by Councillor M J M Baker, seconded by Councillor Miss P E Ford and RESOLVED by 4 votes to 2 with 2 abstentions That the Head of Planning and Building Control be authorised to approve this application subject to the prior completion of a Section 106 Agreement to require demolition of the dwelling if the caravan site ceases to operate and subject to the imposition of appropriate conditions. Development Control Committee (East) 8 8 May 2008 (17) SOUTHREPPS - 20080588 - 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 Purdy (Southrepps Parish Council) Mrs Hammond (objecting) Mrs Ng (supporting) The Senior Planning Officer reported that two letters of support had been received in respect of this application. Five letters of objection had been received on grounds relating to the impact of the dwelling, effect on neighbours, highway problems and the need to safeguard visibility at the junction. The Highway Authority had confirmed that the existing visibility splay at the junction complied with current standards. The Highway Authority had no objection subject to the creation of a visibility splay on Sandy Lane and the provision of a parking/turning area within the site. The required visibility splay had already been created. The Senior Planning Officer recommended approval of this application subject to the conditions listed in the report and an additional condition to remove permitted development rights for extensions and garages. In answer to a comment made by Mr Purdy, the Chairman explained that the works already carried out on the site did not require planning permission. Councillor Mrs S A Arnold, the local Member, considered that two-storey development was unacceptable on this site. She proposed refusal of this application which was not seconded. It was proposed by Councillor P J Willcox, seconded by Councillor Mrs B McGoun and RESOLVED by 7 votes to 1 That this application be approved in accordance with the recommendation of the Head of Planning and Building Control, subject to the removal of permitted development rights for extensions and garages. (18) SUFFIELD - 20080441 - Variation of condition numbers 2 of planning permissions 20051696 and 20061927 to retain nine holiday units as constructed; Cooks Farm Rectory Road for D and M Hickling Properties Limited Councillor Mrs C M Wilkins had vacated the Chair during consideration of this application to allow her to speak from the floor as local Member. The Committee considered item 14 of the officers’ reports. Public Speakers Mr Hubbard (Suffield Parish Council) Mr Edmonds (objecting) Mrs Hickling (supporting) Development Control Committee (East) 9 8 May 2008 Councillor Mrs C M Wilkins, the local Member, considered that whilst some modifications had been made to the scheme it remained inappropriate. She considered that this scheme was new build in the Countryside. Councillor M J M Baker expressed concern that the development had been allowed to progress uncontrolled. In answer to a question the Senior Planning Officer explained that barn conversions often required additional work as the condition of the buildings could be worse than expected. Officers generally adopted a flexible approach provided that the new work reflected the character of the building. However, this scheme had gone beyond that, but the overall impact was considered to be that of a range of converted barns in the wider landscape. The amendments now proposed were considered to minimise the impact on the landscape and local residents. Members were unhappy with the amount of new build in the scheme. It was proposed by Councillor Mrs C M Wilkins, seconded by Councillor Miss C P Sheridan and RESOLVED by 8 votes to 0 with 1 abstention That this application be refused on grounds of non-compliance with Local Plan Policy 29 in that it involves substantial rebuilding to an inappropriate design which is harmful to the character of the area. (19) SUTTON - 20080297 - Erection of three dwellings and garages; Rustic House The Street for Mr and Mrs P Cutting Councillor S J Partridge declared a personal interest in this application as he knew the applicant family. The Committee considered item 15 of the officers’ reports. Public Speaker Mr Grimes (Sutton Parish Council) The Senior Planning Officer reported that the Water Management Alliance was now satisfied with the proposals subject to appropriate conditions. She recommended approval of this application subject to the imposition of appropriate conditions to include water and flood management. Councillor Miss C P Sheridan, a local Member, referred to comments made by the Parish Council spokesperson with regard to flooding. She considered that it was important to listen to local knowledge in this respect. She considered that the proposal was overdevelopment and that two dwellings moved further back on the site would be more appropriate. She was unhappy that the existing dwelling would lose its garden. The Head of Planning and Building Control advised the Committee that it would be difficult to argue against the technical advice given by experts. However, character was more subjective. He referred to the character of nearby development. Development Control Committee (East) 10 8 May 2008 The Locum Solicitor stated that if this application were to be refused on flood risk grounds it would be necessary to obtain documentary evidence to support the refusal. Councillor Mrs S A Arnold suggested that the Parish Council may be able to provide evidence of flooding. It was proposed by Councillor Mrs S A Arnold, seconded by Councillor M J M Baker That consideration of this application be deferred to seek evidence of flooding. On being put to the vote, 3 Members voted in favour of deferral and 3 against, and on the casting vote of the Chairman it was RESOLVED. (20) THORPE MARKET - 20080285 - Erection of two-storey dwelling; land adjacent Italska Cromer Road for Mrs J Hunter Councillor Mrs S A Arnold declared a personal interest in this application as she knew Mrs Hunter’s mother. The Committee considered item 16 of the officers’ reports. Public Speaker Mrs Hunter (supporting) The Senior Planning Officer reported that three letters of support had been received from local residents stating that they had lived on Cromer Road for a long time and had never experienced any problems accessing their properties. The Head of Planning and Building Control added that a further letter of support had been received on the morning of the meeting. Councillor Mrs S A Arnold, the local Member, stated that there were many accesses onto Cromer Road and there had been no recorded accidents from the junction to the application site. She stated that there was a 30 mph speed limit in place. The Chairman stated that he often travelled along this road and there were flashing speed limit signs and speed checks were carried out frequently. It was proposed by Councillor Mrs S A Arnold, seconded by Councillor M J M Baker and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions. Reason: The visibility requirement is very close to meeting the standard and experience of this road is that traffic generally conforms to the 30 mph speed limit. (21) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 17 of the officers’ reports. Development Control Committee (East) 11 8 May 2008 (22) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 18 of the officers’ reports. (23) NEW APPEALS The Committee noted item 19 of the officers’ reports. (24) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 20 of the officers’ reports. (25) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 21 of the officers’ reports. (26) APPEAL DECISIONS The Committee noted item 22 of the officers’ reports. (27) PLANNING APPLICATION 20080708 - RAF COLTISHALL The Chairman stated that s/he had determined that this item be considered as a matter of urgency pursuant to the powers vested in him/her by Section 100B(4)(b) of the Local Government Act 1972. The Head of Planning and Building Control recommended that the Committee visit the site in advance of consideration of a planning application to convert part of former RAF Coltishall to a Category C prison. 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. The meeting closed at 1.13 pm. Development Control Committee (East) 12 8 May 2008