11 JUNE 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)
M J M Baker
R Combe
Miss P E Ford
Mrs B McGoun
B Smith
Mrs L Walker
P J Willcox
W J Northam - Mundesley Ward
Officers:
Mr S Oxenham - Head of Planning and Building Control
Mr J Williams - Development Control Manager (East)
Mr M Ashwell - Planning Policy Manager
Mr M Pettifer - Solicitor
Mrs T Armitage - Senior Planning Officer
(17)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
An apology for absence was received from Councillor Miss C P Sheridan. There
were no substitute Members in attendance.
(18)
MINUTES
The Minutes of a meeting of the Committee held on 14 May 2009 were approved as
a correct record and signed by the Chairman.
(19)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(20)
DECLARATIONS OF INTEREST
No interests were declared.
Development Control Committee (East)
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11 June 2009
(21)
The Graham Allen Award for Conservation and Design
The Committee considered item 1 of the officers’ reports which outlined the need to
establish a judging panel for this year’s Graham Allen Award for Conservation and
Design and to agree the proposed dates for the judging and presentation of the
awards.
RESOLVED
(22)
1.
That a total of nine Councillors be nominated from West and East
Development Control Committees to form a judging panel for the
Graham Allen Award, one of whom will be elected Chairman.
2.
That the judging for the Awards take place on Friday 31 July 2009 with
the presentation to take place on Thursday 15 October 2009.
Development Control Action Plan: Practice Note on Pre- and Post-Decision
Amendments to Planning Applications
Questioning of Public Speakers
The Committee considered item 2 of the officers’ reports which sought endorsement
from the Development Control Committees of a Practice Note on pre- and postdecision amendments to planning applications and an amendment to public speaking
arrangements at Committee for a trial period to enable questions to be asked of
public speakers.
Pre- and Post-Decision Amendments
Councillor M J M Baker expressed concern that Members were sometimes presented
with amendments at the meeting and they were therefore requested to make a
decision on something they had little time to consider. He considered that
Government targets should not take precedence over good planning.
The Head of Planning and Building Control stated that there was nothing in the
practice note which prevented Members asking for more time to consider a proposal.
The purpose of the practice note was to encourage a more business-like approach
when dealing with amendments and to ensure consistency.
Questioning of Public Speakers at Committee
Councillor P J Willcox suggested that speakers should be questioned at the public
speaking desk.
The Chairman suggested that speakers be requested to remain in front of the
Committee during consideration of the relevant item.
It was proposed by Councillor S J Partridge, duly seconded and
RESOLVED unanimously
That the Committee (i) adopts the Practice Note on pre- and postdecision amendments to planning applications with effect from 1 July
2009 and (ii) agrees to allow strictly controlled questioning of public
speakers at meetings for a trial period of three months with effect from 1
September 2009.
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11 June 2009
(23)
CROMER – Unauthorised Use of Building as Single Dwellinghouse; The Bath
House, The Promenade for Dr and Mrs B C Connell
The Committee considered item 3 of the officers’ reports concerning the possibility of
enforcement action following the refusal of an application for a Certificate of
Lawfulness.
All Members had received correspondence in this matter.
The Development Control Manager reported that a planning application to continue
the use of the former hotel as a residential dwelling had arrived on the morning of this
meeting. He therefore recommended that consideration of this matter be deferred
pending determination of the planning application. He advised the Committee that a
decision on the enforcement issues at this stage would pre-empt the decision on the
planning application.
The Development Control Manager reported that Mr Boyce of the Cromer
Preservation Society had expressed concern that deferral of the enforcement issues
could allow a further Lawful Development application to be made. However, a letter
had since been received from Mr Boyce stating that he considered the four-year
period to establish lawful use to have commenced in October 2006.
The Committee was informed that Councillor B Cabbell Manners, a local Member,
had submitted his apologies for not attending the meeting in view of the latest
development in this matter.
It was proposed by Councillor Mrs L Walker, seconded by Councillor M J M Baker
and
RESOLVED unanimously
That consideration of this matter be deferred pending determination of
the planning application (reference 20090584)
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.
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11 June 2009
(24)
MUNDESLEY - 20090309 - Retention of widened door and steel roller shutter
and surround; Mundesley Post Office 15 High Street for Mr Thiruchelvam
The Committee considered item 4 of the officers’ reports.
Public Speakers
Mr West (Mundesley Parish Council)
Cllr G Jones (supporting)
The Development Control Manager read to the Committee a letter from PC Paul
Willis, Architectural Liaison and Crime Reduction Officer, Norfolk Constabulary. He
recognised the need to protect and enhance the historic environment but was
concerned at the message refusal of the application would give. The business had
been the subject of crime in the past and it was essential that crime reduction
measures were implemented.
A further letter had been received from
Superintendent Dave Marshall giving full support to the retention of the security
shutters. A petition containing 167 signatures in support of the application had been
received.
The Development Control Manager reported the further comments of the
Conservation, Design and Landscape Manager, who considered that there were
alternative security measures available which were not as harmful to the
Conservation Area as the shutter. He also considered that the applicant’s offer to
paint the shutter was unacceptable.
The Development Control Manager stated that if this application were refused it
would be necessary to consider enforcement action. He recommended that an
enforcement notice be served to require the removal of the shutter within six months,
which would allow the applicant to consider alternative measures and submit a
further application.
The Community Safety Manager stated that she was fully supportive of security
measures. However, the flat style of the shutter was not supported by Government
guidelines because of its appearance, it had the potential to attract graffiti and
prevented detection of intruders who might break in through the rear of the premises.
An open mesh shutter was preferred as intruders could be seen which acted as a
further deterrent.
Councillor W J Northam, a local Member, referred to the concerns of the
Conservation, Design and Landscape Manager that the shutter provided a dead
frontage to the High Street. He considered that the shutter was unobtrusive when
raised. He supported this application subject to the shutter being painted in an
appropriate colour.
Councillor B Smith, also a local Member, referred to previous break-ins at the
premises which had been through the roof and side of the building. He stated that
there were no windows through which intruders could be seen. He did not support
this application.
Councillor Mrs L Walker proposed that this application be refused in accordance with
the recommendation of the Head of Planning and Building Control.
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11 June 2009
Councillor M J M Baker expressed concern that the officer’s presentation showed the
worst case scenario and stated that the number of daylight hours during which the
shutter would be closed was low. He referred to concerns raised by the Police
regarding break-ins at the rear of the premises and stated that there was no access
at the rear which would allow intruders to enter. He was concerned at the impact
refusal would have on the viability of the business and referred to the desire to retain
Post Offices. He considered that the shutter could be painted in a more acceptable
colour. He suggested that the applicant be offered a grant if the Committee required
a more architecturally acceptable solution.
Councillor P J Willcox supported the application and suggested that a canopy be
erected over the top of the shutter box to disguise it.
It was proposed by Councillor Mrs L Walker, seconded by Councillor Miss P E Ford
and
RESOLVED by 5 votes to 3
That this application be refused in accordance with the recommendation
of the Head of Planning and Building Control.
The Committee discussed the enforcement issues and the length of time that should
be allowed for compliance.
The Solicitor advised the Committee that Human Rights considerations had to be
applied proportionately and the Committee had to weigh the detriment to amenity as
a result of allowing a longer enforcement period against the security threat to the
applicant. He considered that this would suggest that a longer period for compliance
would be appropriate in this case as it would allow the applicant to remain safe from
crime whilst an appropriate solution was achieved.
In response to Councillor Baker’s comments regarding grant funding, the Head of
Planning and Building Control stated that if required the possibility of grant funding
for security and combating crime could be explored. However, he could not promise
that funding would be available.
It was proposed by Councillor Mrs B McGoun, seconded by Councillor S J Partridge
and
RESOLVED unanimously
1.
That the Head of Planning and Building Control be authorised to serve
an Enforcement Notice to require the removal of the unauthorised
shutter within 12 months of the effective date of the Notice for the
reasons given in the decision notice.
2.
That the Head of Planning and Building Control be requested to
investigate the possibility of grant funding for a suitable security
solution.
Councillor P J Willcox requested that the applicant also be encouraged to reinstate
the windows in the front elevation which had been boarded over.
Development Control Committee (East)
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11 June 2009
(25)
APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 5 of the officers’ reports.
(26)
APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 6 of the officers’ reports.
(27)
NEW APPEALS
The Committee noted item 7 of the officers’ reports.
(28)
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 8 of the officers’ reports.
(29)
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 9 of the officers’ reports.
(30)
APPEAL DECISIONS
The Committee noted item 10 of the officers’ reports.
Councillor S J Partridge asked what progress was being made in respect of the
demolition of an unauthorised building at Potter Heigham. The Head of Planning and
Building Control stated that a report in respect of outstanding enforcement matters
would be submitted to the next meeting.
(31)
BRIEFING - PROGRESS ON THE REVIEW OF RURAL BUILDINGS AS
DWELLINGS POLICY
Councillor Mrs C M Wilkins, Councillor P J Willcox and Councillor M J M Baker stated
that they were Members of the Local Development Framework Working Party.
The Planning Policy Manager and Senior Planning Officer updated the Committee on
progress on the review of the Rural Buildings as Dwellings policy, answered
Members’ questions and received feedback on the proposals to be put forward for
public consultation.
The meeting closed at 12.10 pm.
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11 June 2009