16 APRIL 2009 DEVELOPMENT CONTROL COMMITTEE (EAST)

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16 APRIL 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:

Mrs S A Arnold

Councillors

Mrs C M Wilkins (Chairman)

Miss C P Sheridan

Mrs L Walker

R Combe - substitute for Miss P E Ford

Mrs A M Tillett - substitute for P J Willcox

J A Wyatt - substitute for Mrs B McGoun

P W Moore - North Walsham East Ward

Officers:

Mr S Oxenham - Head of Planning and Building Control

Mr J Williams - Development Control Manager (East)

Mr R Howe - Planning Legal and Enforcement Manager

Mr C Young - Senior Conservation and Design Officer

Mr S Case - Landscape Officer

Mr D Mortimer - Development Control Officer (NCC Highways)

(223) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS

Apologies for absence were received from Councillors Miss P E Ford, Mrs B McGoun and Mr P Willcox. Three substitute Members attended the meeting as shown above.

(224) MINUTES

The Minutes of a meeting of the Committee held on 19 March 2009 were approved as a correct record and signed by the Chairman.

(225) ITEMS OF URGENT BUSINESS

The Chairman stated that there were no items of urgent business which she wished to bring before the Committee.

(226) DECLARATIONS OF INTEREST

Councillors Mrs S A Arnold, Miss C P Sheridan and Mrs L Walker declared an interest, the details of which are shown under the minute of the item concerned.

Development Control Committee (East) 1 16 April 2009

(227) North Walsham – 20081129 - County Council reference sp/c/1/2007/1011 –

Conversion of former waste water treatment plant to liquid waste transfer station; Site at The Old Works, Marshgate for HFS Liquid Waste

Councillor Mrs L Walker declared a personal interest in this matter as she was acquainted with the applicant.

The Committee considered item 1 of the officers’ reports regarding an appeal against refusal of planning permission by Norfolk County Council on a planning application on which the District Council was consulted and which was previously reported to this

Committee.

Public Speakers

Mr Howell (objecting)

Mr Waite (supporting)

The Development Control Manager reported that following refusal of the planning application the applicants had submitted an application to the County Council for a

Certificate of Lawfulness and had subsequently appealed against non-determination of that application. As a consequence, the Planning Inspectorate would be considering the appeal against non-determination in the first instance and the appeal against refusal of the planning application would be held in abeyance pending the outcome of that appeal.

Councillor P W Moore stated that both he and Councillor Miss P E Ford (local

Members) were of the same opinion on this application. He stated that he lived half a mile from the site and was familiar with heavy traffic using the site and the nearby scrapyard. He stated that the volume of traffic using the application site had been reduced but the site was poorly located in highway terms. He stated that Marshgate was very narrow and in poor condition. Lorries had to pass residential dwellings at either end of Marshgate. Visibility at the junction was very poor. He considered that the site was unsuitable for the use and that its past use as a sewage works was no reason to continue with the current use. He urged the Committee to support the

Norfolk County Council’s view.

Councillor Miss C P Sheridan stated that she was supportive of local businesses but she considered that this use was in the wrong place.

Councillor Mrs A M Tillett stated that the threat to local businesses in the current economic climate was regretted. She suggested that there might be an opportunity to introduce a traffic management scheme. Problems related not only to the site but to the scrapyard and Anglian Water as well. She asked if this Authority could lobby the County Council to help these businesses and regulate the traffic situation. She understood that some of the waste was brought to the site from Bacton Gas Terminal which was a major strategic site and was concerned that the loss of this site could cause problems.

Councillors M J M Baker and B Smith supported Councillor Mrs Tillett’s suggestion.

The Development Control Manager suggested that the recommendation be amended to add that in the event of the Inspector being minded to approve a condition should be included to require a traffic management measures.

Development Control Committee (East) 2 16 April 2009

It was proposed by Councillor Miss C P Sheridan, seconded by Councillor B Smith and

RESOLVED by 5 votes to 1 with 2 abstentions

That the Planning Inspectorate be advised that the District Council has severe reservations over any increase in traffic associated with the operation of this site and the impact it would have on highway safety and the amenities of local residents. In the event of the Planning

Inspector being minded to approve the application this Council requests that traffic management measures be required as a condition of the approval.

(228) North Walsham - Tree Preservation Order (North Walsham East Ward) 2008

No.15 Appledor, Anchor Road, Spa Common North, Walsham

The Committee considered item 2 of the officers’ reports in respect of a Tree

Preservation Order at the above site.

Councillor P W Moore, a local Member, supported the views expressed in the letters from the applicant and the neighbour. He considered that the tree was typical of the oak trees in this part of North Walsham. He requested a site inspection.

The Landscape Officer stated that a Tree Preservation Order did not prevent appropriate development. He stated that the Landscape Team had not been consulted on the application referred to by the applicant in his letter of 13 January.

He explained that the applicant had indicated that no trees were to be lopped, topped or felled. He stated that the tree was a typical landscape tree of the area which was why it was considered to be worthy of protection.

In response to a question from Councillor Mrs L Walker regarding prevention of damage to properties, the Landscape Officer explained that there were many ways to prevent future damage to the new property.

It was proposed by Councillor Miss C P Sheridan, duly seconded and

RESOLVED by 6 votes to 0 with 1 abstention

That Tree Preservation Order (North Walsham East Ward) 2008 No. 15 in respect of an oak tree at Appledor, Anchor Road, Spa Common, North

Walsham be confirmed.

(229) WEST RUNTON – Tree Preservation Order 82/784 Renwick Park West

The Committee considered item 3 of the officers’ reports in respect of a Tree

Preservation Order at the above site.

The Planning Legal and Enforcement Manager reported that a letter had been received from a firm of surveyors acting for the owner in respect of legal issues relating to the planning permissions. He recommended deferral to consider the legal issues and suggested that Members may wish to visit the site.

Members considered that a site visit was unnecessary.

It was proposed by Councillor Mrs A M Tillett, duly seconded and

Development Control Committee (East) 3 16 April 2009

RESOLVED

That consideration of this matter be deferred to allow consideration of the legal issues raised by the owner’s agent.

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.

(230) SKEYTON - 20081047 - Erection of 4 semi-detached two-storey dwellings and 2 single-storey semi-detached dwellings; land adjacent Highview Felmingham

Road for Broadland Housing Association

Councillor Mrs C M Wilkins stated that in the absence of the Vice-Chairman she would speak from the Chair as local Member but would not participate in the discussion on this matter.

The Committee considered item 4 of the officers’ reports.

Public Speaker

Mr Walker (supporting)

The Development Control Manager reported that the Parish Council supported this application but remained concerned in respect of traffic speeds. The Sustainability

Officer had no objection subject to the dwellings meeting level 2 of the Code for

Sustainable Homes. The Highway Authority remained opposed to this application and had recommended refusal on grounds related to the unsustainable location of the site and highway safety.

The Development Control Manager stated that the recommendation for refusal should refer to the adopted Core Strategy and not the Inspector’s binding report. The house designs were now considered to be acceptable and should be deleted as a reason for refusal.

Councillor Mrs C M Wilkins referred to the reluctance of the Highway Authority to introduce speed restrictions in Skeyton. She stated that the Parish Council generally supported the application and the revised design of the dwellings. She requested that consideration be given to locating the bungalow next to the existing dwellings.

Development Control Committee (East) 4 16 April 2009

Councillor R Combe referred to the comments of the Highway Authority. He considered that insistence on sustainable locations would rule out many exception schemes. He considered that the need for affordable dwellings outweighed the highway concerns. He wholeheartedly supported this proposal.

Councillor Miss C P Sheridan considered that the applicant had worked very hard to resolve the outstanding issues. She supported the request to relocate the bungalow.

The Development Control Manager stated that in his opinion it would be preferable to site the two-storey dwellings next to the existing two-storey development. However,

Members expressed a contrary view.

The Head of Planning and Building Control stated that if the bungalow were relocated it would be necessary to amend its design.

It was proposed by Councillor R Combe, seconded by Councillor Miss C P Sheridan and

RESOLVED unanimously

That the Head of Planning and Building Control be authorised to approve this application subject to the receipt of an amended plan showing the bungalow relocated adjacent to the existing dwellings and an amended bungalow design, and subject to the imposition of appropriate conditions.

Reason: There is a pressing need for affordable housing and the applicant has secured an improvement in visibility at the nearby junction which would benefit all road users.

(231) STALHAM - 20090206 - Erection of four terraced dwellings and two flats; The

Old Cinema site Brumstead Road for Mrs King

Councillor Miss C P Sheridan declared a personal interest as she knew the owner of the site and her family. However, she had not discussed this application with them.

She was also a former leaseholder of the building

The Committee considered item 5 of the officers’ reports.

Public Speaker

Mr Hale-Sutton (supporting)

The Development Control Manager reported that the Highway Authority had no objection subject to the imposition of conditions. English Heritage had not seen the illustrations submitted by the applicant showing the relationship with the church.

However, there were design concerns notwithstanding the amendments that had been made.

The Senior Conservation and Design Officer stated that the existing building was of local interest but had no architectural or historic interest. He had no objection to the demolition of the existing building and redevelopment of the site. He considered that the siting of the scheme had a good relationship with Brumstead Road. He explained that a case could be made for a traditional or contemporary approach to the design.

However, the Design and Access Statement made reference to a traditional

Development Control Committee (East) 5 16 April 2009

approach. He expressed concern regarding the deep plan form of some of the units, ground floor cloakrooms on the front elevation, porch canopies, fascia boards and lack of chimneys. He considered that there was little to tie the development with

Stalham or provide visual interest.

Councillor Miss C P Sheridan, a local Member, stated that there was a desperate need for housing in Stalham. She considered that the proposed development reflected development in St John’s Road and a scheme near the Tesco supermarket.

She considered that the site was unsuitable for an iconic modern building. She stated this was a very busy site and she considered that it was preferable to have cloakroom windows on the front elevation rather than living accommodation. She considered that this proposal would put life back into the street and was an appropriate mix of housing.

Councillor Mrs C M Wilkins referred to the lack of a street scene plan.

Councillor Mrs L Walker supported the design and considered that it would be good for Stalham. She stated that residents could walk into town and to the school. She did not support the views of English Heritage.

Councillor Mrs C M Wilkins considered that comments should be sought from Norfolk

Landscape Archaeology.

It was proposed by Councillor Mrs L Walker, seconded by Councillor Miss C P

Sheridan and

RESOLVED by 6 votes to 0 with 1 abstention

That this application be approved subject to the imposition of appropriate conditions.

Reason: The Committee considers that the design of the development and its relationship with the church are acceptable.

(232) THORPE MARKET - 20090166 - Continued use of land for siting of marquee;

Elderton Lodge Hotel Cromer Road for Mr P W Roofe

Councillor Mrs S A Arnold declared a personal interest in this application as she had received approaches from both the applicant and the objectors and had a friend who lived on the Gunton Estate.

The Committee considered item 6 of the officers’ reports.

Public Speakers

Mrs Thaxton (Hanworth Parish Council)

Mr Covey (objecting)

Mr Roofe (supporting)

The Development Control Manager reported that the applicant had agreed to play amplified music within the hotel building only. Background music only would be played within the marquee. The Environmental Protection Officer had no objection subject to no amplified music being played in the marquee until a noise limiter had been approved and installed.

Development Control Committee (East) 6 16 April 2009

Councillor Mrs S A Arnold, the local Member, stated that in the current economic situation it was of great concern to support businesses in any way possible. The tourism industry was an important sector. Elderton Lodge was a quality establishment and there was a need to ensure it remained viable. However, the marquee was sited within the setting of Gunton Park. There was a problem with noise levels but it was possible to mitigate this with the appropriate equipment.

Accidents had occurred on the Cromer Road but not in the vicinity of the entrance to

Elderton Lodge. She considered that a site inspection would be appropriate.

The Development Control Officer (NCC Highways) stated that there had in fact been two confirmed personal injury accidents in 2006 at the entrance to Elderton Lodge.

Councillor Mrs L Walker considered that this application should be approved for a temporary period subject to the installation of noise limiting equipment.

The Head of Planning and Building Control strongly recommended a site inspection if the Committee were minded to approve this application in view of the highway safety issues.

It was proposed by Councillor Mrs S A Arnold, seconded by Councillor Mrs A M Tillett and

RESOLVED by 6 votes to 1 with 1 abstention

That consideration of this application be deferred to allow a site inspection by the Committee and that the local Member, Chairman of the

Parish Council and a representative of the Highway Authority be invited to attend.

(233) APPLICATIONS APPROVED UNDER DELEGATED POWERS

The Committee noted item 7 of the officers’ reports.

Councillor M J M Baker asked for an explanation as to why planning application

20090136 for the removal of an occupancy condition to permit permanent residential occupancy of a property in Northrepps was approved, given the controversy in respect of an application for removal of an occupancy condition on a property in

Happisburgh.

Councillor Mrs A M Tillett explained that the property was Grade II Listed and in this case a full marketing exercise had been undertaken at a valuation which was considered by District Valuer to reflect the occupancy condition.

(234) APPLICATIONS REFUSED UNDER DELEGATED POWERS

The Committee noted item 8 of the officers’ reports.

(235) NEW APPEALS

The Committee noted item 9 of the officers’ reports.

(236) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS

The Committee noted item 10 of the officers’ reports.

Development Control Committee (East) 7 16 April 2009

(237) WRITTEN REPRESENTATIONS APPEALS - PROGRESS

The Committee noted item 11 of the officers’ reports.

(238) APPEAL DECISIONS

The Committee noted item 12 of the officers’ reports.

The meeting closed at 12.20 pm.

Development Control Committee (East) 8 16 April 2009

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