18 DECEMBER 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)
S J Partridge (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
Mrs P Bevan Jones - substitute for Miss C P Sheridan
Mrs A M Tillett - substitute for M R E Birch
Ms V R Gay - North Walsham West Ward
Mrs A M Moore - North Walsham North Ward
P W Moore - North Walsham East Ward
E Seward - North Walsham North Ward
E C Stockton - observer
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 P Godwin - Conservation, Design and Landscape Manager
Mrs T Armitage - Senior Planning Officer (East)
Mr I Thompson - Senior Planning Officer (East)
Mr D Sutton - Environmental Protection Officer
Mr D Higgins - Senior Engineer, Major Developments (NCC Highways)
(164) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors M R E Birch and Miss C P
Sheridan. Two substitute Members attended the meeting as shown above.
(165) MINUTES
The Minutes of a meeting of the Committee held on 20 November 2008 were
approved as a correct record and signed by the Chairman.
(166) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(167) DECLARATIONS OF INTEREST
Councillors Mrs S A Arnold, Mrs P Bevan Jones, Mrs A M Moore, Mrs A M Tillett and
Miss L Walker declared interests, the details of which are shown under the minute of
the item concerned.
Development Control Committee (East)
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18 December 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.
(168) BACTON - 20081309 - Erection of two dwellings; land adjoining St Peters Court
Walcott Road for Mr R Shearwood
The Committee considered item 1 of the officers’ reports.
Public Speaker
Mr Shearwood (supporting)
The Senior Planning Officer recommended that this application be approved as set
out in the report subject to the deletion of condition 9.
Councillor B Smith, the local Member, stated that he had spoken to the neighbour on
several occasions regarding loss of privacy.
In response to concerns raised by Councillor Smith the Development Control
Manager explained why the application was recommended for approval despite one
of the dwellings being partly within the 100-year erosion zone and why Core Strategy
Policy HO2 was not being applied in this case.
Councillor Smith expressed concern at the mass of the development in relation to the
adjacent cottage.
Councillor Mrs A M Tillett stated that this application was totally against policy and
proposed refusal of this application, which was not seconded.
It was proposed by Councillor Miss P E Ford, seconded by Councillor Mrs P Bevan
Jones 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 9.
Development Control Committee (East)
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18 December 2008
(169) HOVETON - 20081300 - Erection of two two-storey replacement dwellings; Two
Saints Farm Cottage Tunstead Road for Legislator 1363 Ltd
The Committee considered item 2 of the officers’ reports.
The Senior Planning Officer read to the Committee the comments of Councillor N D
Dixon, the local Member, who supported this application on the grounds that the
proposed development would enhance the existing group of buildings as it would be
much more in keeping with the adjoining barn conversions and farmhouse than the
present cottages, and the new dwellings would meet a need in the village for a more
diverse range of quality accommodation. Councillor Dixon considered that the
application had sufficient merit to allow flexibility in interpreting policy in this location.
It was proposed by Councillor Miss P E Ford, seconded by Councillor S J Partridge
and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include removal of permitted development
rights on the grounds that it would result in visual improvement to this
group of buildings.
(170) NORTH WALSHAM - 20081351 - Erection of sixth form college; Playing Field
Station Road for Paston College
Councillor Mrs P Bevan Jones declared a personal interest in this application as her
granddaughter attended Paston College.
Councillor M J M Baker stated that he owned part of a commercial site with an
access onto Station Road.
Councillor Mrs A M Moore declared a personal interest in this application as she
participated in the Millfield School Park and Stride scheme.
The Chairman stated that Members had received many letters and telephone calls in
respect of this application.
The Committee considered item 3 of the officers’ reports.
Public Speakers
Mr Seward (North Walsham Town Council)
Objecting: Mr Marfleet, Dr Knee and Ms Martin
Supporting: Mr Nicholls, Mr Eldred and Mr Thornberry
The Senior Planning Officer reported that the Highway Authority had confirmed that
the latest revisions addressed its concerns and it now had no objection to this
application subject to the conditions and agreements mentioned in the report. The
Highway Authority considered that there would be no highway safety problem in
Skeyton New Road but had requested an agreement to review traffic controls if
necessary.
The Senior Planning Officer reported that DC Leisure, the operator of the Victory
Swimming Pool, had expressed an interest in operating the sports facilities for public
use.
Development Control Committee (East)
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18 December 2008
The Senior Planning Officer reported that a letter of support had been received from
North East Norfolk Consortium. She summarised the additional concerns raised in
four further letters of objection.
The Senior Planning Officer requested delegated authority to approve this application
subject to submission of evidence that the pedestrian route across the swimming
pool site could be secured, amendment to the red line to include the pedestrian route
with appropriate notice being served on the landowner, no new planning grounds of
objection being received following readvertisement of the amended plans and subject
to the imposition of conditions as listed in the report and the completion of a Section
106 Obligation to include highway issues.
Councillor Ms V R Gay, the local Member, stated that she had met the College
Principal and Dr Knee since the last meeting and had received a large amount of
correspondence. She referred to the amount of public opposition to this application.
Whilst people were supportive of the College they did not want it built on this site.
She expressed concern that the road network would be unable to cope with the
additional traffic that would be generated and considered that there should be an
alternative access that did not use Station Road. She referred to an earlier
agreement in respect of the Victory Swimming Pool regarding the use of Station
Road for access only and asked why there had been a change of opinion. She
stated that future development of the HL Foods site would add to the traffic. She
requested that the pedestrian access be conditioned so that Station Road was not
used. She did not want Skeyton New Road to be used as a dropping-off area. She
considered that it was vital that the traffic and pedestrian impact was reviewed after
one year. She requested that a formal agreement be put in place regarding the
public use of the sports facilities and a biodiversity plan agreed prior to the issue of
permission. She requested conditions regarding materials and to ensure that a
screening belt of English trees was planted on the frontage and protected.
Councillor P W Moore, Member for North Walsham East Ward and County Councillor
for North Walsham West Division, supported Councillor Ms Gay’s views. He
expressed concern that issues had been raised at the meeting which had not yet
been through the consultation process. He had no fundamental objection to this
application but he was concerned at the amount of detail that was yet to be decided.
He requested deferral pending reconsultation in respect of the outstanding issues.
Councillor Mrs A M Moore, Member for North Walsham North Ward, considered that
there had been little regard for the award-winning Millfield School Park and Stride
scheme. She stated that the Park and Stride would be operating at the time when
vehicles were leaving the College.
Councillor E Seward, Member for North Walsham North Ward, stated that he had
had discussions with Councillor Ms Gay, representatives of the College and some of
the objectors. He stated that the reasons for moving the College were based on
changing patterns of further education and he was satisfied that it needed to expand
to survive. He considered that the HL Foods site would have been a preferable
location but the site was not available. He expressed concern at the visual impact of
the building given its mass. He questioned the ability of the road network to take the
number of vehicle movements and asked what changes had to be made to the road.
He considered that this application could not be considered in isolation from the HL
Foods site.
Development Control Committee (East)
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18 December 2008
The Highway Engineer stated that traffic would be routed from the site towards the
Millfield roundabout in the same way as for the adjacent swimming pool and
explained the reasons for doing so. He considered that the capacity of the road was
not an issue given the routing proposal. He explained that coaches were contracted
by the County Council and were therefore under its control. There would not be a
conflict given their staggered arrival and departure times which would not coincide
with service buses on Station Road. He stated that the Park and Stride scheme had
been considered and accounted for in the highway proposals. He stated that the
transport assessment for the HL Foods site added very little traffic to Millfield
Road/Station Road.
Councillor Miss P E Ford considered that it was necessary to make young people
feel valued and she considered that the design of the College did not achieve that
aim. However, if the College were lost it would have a worse impact. She supported
the officer’s recommendation subject to the review of traffic management as a whole
and not just parking controls. She requested that sustainable materials be used and
that improvements to the Weaver’s Way path be completed prior to commencement.
Councillor Miss L Walker considered that if this application were refused North
Walsham would lose its opportunity to have a centre of excellence and young people
would need to travel further to access further education. She proposed delegated
approval of this application.
Councillor Mrs B McGoun expressed concern in respect of highway issues and
design.
Councillor M J M Baker considered that this application had been made because the
College owned the site and not because it was the ideal site. He also expressed
concern regarding highway issues, design, materials and the impact of the College
on a residential area. He considered that the Committee was being encouraged to
act in indecent haste and that the application should be sent back for proper traffic
and site assessments.
Councillor Mrs A M Tillett was concerned at the loss of open space and considered
that this application was contrary to Policy CT1. She considered that light pollution
from the floodlit pitches would be intrusive. She asked why other sites had not been
assessed.
The Head of Planning and Building Control explained that the Committee had
considered the issues on which it required further information at the last meeting.
Councillor Tillett’s concerns were additional issues that had not been raised at that
meeting. He explained that it was not necessary to consider sequentially preferable
sites for this proposal.
Councillor P J Willcox welcomed the concept of a 21st Century Paston College.
However, many of the issues did not allay the fears of the local residents. He
considered that it was not sufficient to move the building back by only three metres
and that it should be built as far back on the site as possible, as had been the case
with the Victory Swimming Pool.
Councillor Mrs P Bevan Jones asked if it would be possible to introduce a 20mph
speed limit or traffic calming measures, possibly including traffic lights operating at
busy times. She requested that any floodlighting be turned off at a given time.
Development Control Committee (East)
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18 December 2008
The Highway Engineer explained that traffic calming measures and a speed limit
reduction could be considered. However, it was likely to be necessary to install road
humps to enforce the lower speed limit which would be detrimental to buses and
lorries.
Councillor S J Partridge stated that this was a strategic application for the whole of
North Norfolk. It was nonsense to suggest that the application should wait until the
future of the HL Foods site was decided as it could be several years before it came
forward. He seconded Councillor Miss Walker’s proposal.
As an amendment, Councillor Baker proposed that whilst the Committee totally
supported Paston College and its expansion, the application be refused on grounds
that the current design and setting was inappropriate and there had been insufficient
background work undertaken. The Planning Legal and Enforcement Manager
advised the Committee that this was a direct negative of the original proposal and
could not be accepted.
It was proposed by Councillor Miss L Walker, seconded by Councillor S J Partridge
and
RESOLVED
That the Head of Planning and Building Control be authorised to
approve this application subject to:
1.
The submission of evidence to demonstrate that the pedestrian
route across the swimming pool site can be secured.
2.
The application red line being amended to include the pedestrian
route and appropriate notice being served on the landowner.
3.
No planning grounds of objection being received following
readvertisement and reconsultation on the amended plans.
4.
The imposition of appropriate conditions to include:
Provision of footpath route to the site across the Victory
Swimming Pool site.
Landscaping/biodiversity enhancements/management.
Tree protection.
Provision of Public/Student Art.
Those required by the Highway Authority relating to; access,
parking; drainage; off-site highway improvements; Travel Plan.
Those required by the Environment Agency.
Those required by Sport England; including community use of
the sports facilities.
Those required by Environmental Health in relation to noise,
contamination and lighting.
5.
Section 106 Obligation to include:
Commuted sum for Travel Plan, highway contributions,
investigation if necessary for up to one year after opening of the
college of parking controls and/or Traffic Regulation Orders on
local streets and implementation thereafter.
At the request of Councillor Mrs A M Tillett voting was recorded as follows:
Development Control Committee (East)
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18 December 2008
For the proposition
Against the proposition
Abstentions
Mrs S A Arnold
Miss P E Ford
Mrs B McGoun
Mrs P Bevan Jones
S J Partridge
B Smith
Miss L Walker
M J M Baker
Mrs A M Tillett
P J Willcox
Mrs C M Wilkins
(7)
(3)
(1)
(171) NORTHREPPS - 20081434 - Change of use of land to aerodrome; Winspurs
Farm North Walsham Road for Mr C Gurney
Councillor Miss L Walker declared a personal interest in this application as Mr Smith
was a former work colleague.
Councillor Mrs S A Arnold declared a personal interest in this application as she
knew Mr McKay.
Councillor Mrs A M Tillett declared a personal interest as the applicant was a friend
and stated that she would not vote on this application.
The Committee considered item 4 of the officers’ reports.
Public Speakers
Mr Smith and Mr McKay (supporting)
The Senior Planning Officer reported that the Landscape Officer accepted the
findings of the landscape assessment and considered that there would be minimal
effect on the wider landscape setting and the Area of Outstanding Natural Beauty.
She had requested conditions to retain hedgerows on the site at 3 metres in height.
The Environmental Protection Officer had no objection subject to the imposition of
conditions but had requested a temporary permission for one year.
In response to the concerns of the Highway Authority, the applicant had confirmed
that the agricultural contracting business operated from land under his control and
had submitted details of vehicle movements. He was prepared to accept a condition
to require the use of the agricultural contracting business to cease if permission were
granted.
The Senior Planning Officer requested delegated authority to approve this application
for a temporary period of one year subject to the receipt of information to
demonstrate the existence of the agricultural contracting business and subject to
conditions required by Environmental Health and the Conservation, Design and
Landscape Manager (Landscape) and a condition to require the agricultural
contracting business to cease. If evidence of the agricultural contracting business
was not forthcoming the application should be refused as originally recommended in
the report.
Development Control Committee (East)
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18 December 2008
Councillor Mrs A M Tillett, the local Member, stated that there had been an airstrip
within the parish boundary for many years. The number of aircraft movements given
in the report had been exaggerated to allow for extraordinary circumstances. She
considered that there would be a highway benefit as the proposed access was on a
quieter section of road than the access to the existing airfield. She stated that the
Parish Council supported the application, there would be no detrimental visual impact
on the AONB and there were few objections. No accidents had been reported on this
section of the A149. She proposed temporary approval of this application which was
seconded by Councillor P J Willcox.
Councillor M J M Baker did not support temporary approval and considered that the
application should be approved on a permanent basis.
The Senior Planning Officer explained that temporary approval was recommended to
ensure that the conditions would be adhered to and were effective in resolving any
noise impact.
The Environmental Protection Officer explained that he had discussed the proposed
conditions with the applicant’s agent and believed the applicant was supportive of the
conditions. The conditions were designed to allow flexibility for the business to
expand whilst allowing an opportunity to monitor it and ensure that it would not have
an adverse impact on residential dwellings.
The Highway Engineer confirmed that if the evidence had been available the
Highway Authority would have revised its recommendation. He supported temporary
approval subject to evidence regarding the reduced traffic movements.
Councillor B Smith expressed concern at possible distraction to drivers from low
flying aircraft and requested low aircraft warning signs on the A149. He asked if it
would be possible to reduce the speed limit to 50mph along this stretch of road.
The Highway Engineer supported the suggestion in respect of warning signs and
stated that he would investigate the matter. He explained that speed limits had
recently been reviewed and this stretch of road met national criteria. It would not be
possible to ask the applicant to promote a lower speed limit as part of this
application.
It was proposed by Councillor Mrs A M Tillett, seconded by Councillor P J Willcox
and
RESOLVED by 8 votes to 0 with 2 abstentions
That the Head of Planning and Building Control be authorised to
approve this application for a temporary period of one year subject to
the receipt of information to demonstrate the existence of the
agricultural contracting business and subject to conditions required by
Environmental Health and the Conservation, Design and Landscape
Manager (Landscape) and a condition to require the agricultural
contracting business to cease.
(172) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 5 of the officers’ reports.
Development Control Committee (East)
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18 December 2008
(173) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 6 of the officers’ reports.
(174) NEW APPEALS
The Committee noted item 7 of the officers’ reports.
(175) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 8 of the officers’ reports.
(176) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 9 of the officers’ reports.
(177) APPEAL DECISIONS
The Committee noted item 10 of the officers’ reports.
(178) EXCLUSION OF PRESS AND PUBLIC
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press
and public be excluded from the meeting for the following items of
business on the grounds that they involve the likely disclosure of
exempt information as defined in paragraph 6 of Part I of Schedule 12A
(as amended) to the Act.
(179) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 11 of the officers’ exempt reports updating the
situation previously reported concerning the schedule of outstanding enforcement
cases and unresolved complaints more than three months old as at 30 September
2008.
The Planning Legal and Enforcement Manager updated the Committee on further
progress in respect of a number of cases on the schedule.
RESOLVED
1.
That the contents of the report and the annexed Schedules of Current
Enforcement Cases be noted.
2.
That the cases where compliance has been achieved be removed from
the first Schedule.
The meeting closed at 1.00 pm.
Development Control Committee (East)
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18 December 2008