19 FEBRUARY 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)
Mrs S A Arnold
M J M Baker
Miss P E Ford
Mrs B McGoun
S J Partridge
Miss C P Sheridan
B Smith
P J Willcox
Development Control Committee (West) for Minute (201)
Mrs P Bevan Jones
H C Cordeaux
Mrs A R Green
P W High
J D Savory
Mrs A C Sweeney
J A Wyatt
R Price - substitute for J H Perry-Warnes
Mrs J Trett - substitute for B Cabbell Manners
Ms V R Gay - observer
Officers:
Mr S Oxenham - Head of Planning and Building Control
Mr R Howe - Planning Legal and Enforcement Manager
Mr M Ashwell - Planning Policy Manager
Mrs T Armitage - Senior Planning Officer (East)
(197) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors Miss L Walker, B Cabbell
Manners (West), T H Moore (West) and J H Perry-Warnes (West). Two substitute
Member attended the meeting as shown above.
(198) MINUTES
The Minutes of a meeting of the Committee held on 22 January 2009 were approved
as a correct record and signed by the Chairman.
(199) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(200) DECLARATIONS OF INTEREST
Councillors H C Cordeaux, Miss P E Ford, Mrs A R Green, J D Savory and P J
Willcox declared interests, the details of which are shown under the minute of the
item concerned.
Development Control Committee (East)
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19 February 2009
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.
APPLICATION CONSIDERED BY THE COMBINED COMMITTEE
Councillor H C Cordeaux, Chairman of Development Control Committee (West),
chaired the meeting during consideration of this item.
(201) WALCOTT– 20081662 – Removal of condition 3 of planning application
reference 20021117 to permit residential occupancy; White Farm Barn, North
Walsham Road for Mr Kinsey
The Planning Legal and Enforcement Manager advised the Committee that any
Member who owned, or whose family owned, a barn which may be affected by the
review of Policy 29 should declare a personal interest. Ownership or occupation of a
particular type of property was not considered to be prejudicial. The interest would
only be prejudicial if a Member or a member or his or her family was party to a
current application to lift or vary a holiday occupancy condition on a building.
Councillor H C Cordeaux declared a personal interest as he owned a chapel which
had planning permission for conversion to a holiday unit.
Councillor P J Willcox declared a personal interest as he lived in a barn which had
the benefit of full residential permission. His family also owned barns for which no
application had been made for holiday or other conversion.
Councillor J D Savory declared a personal interest as he owned a number of barns
which were subject to a holiday restriction.
Councillor Mrs A R Green declared a personal interest as she owned barns which
were part of a complex associated with her house and which were partly in
agricultural use.
Councillor Miss P E Ford declared a personal interest as a member of her family
owned a barn.
The Combined Committee considered item 1 of the officers’ reports.
Public Speakers
Mrs Willis (objecting)
Mr Kinsey (supporting)
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19 February 2009
The Senior Planning Officer stated that an appeal decision had been appended in
error to the report and requested that Members disregard it.
She reported that a
total of 20 letters of support had been received including one submitted by Avada
Homes.
Councillor Mrs C M Wilkins read to the Committee an email she had received from
Councillor Miss L Walker, the local Member, reiterating the comments she had made
at the previous meeting (see Minute (188) of 22 January 2009).
Councillor Miss C P Sheridan stated that she had been the only Member to support
the officer’s recommendation at the previous meeting and had not changed her view.
She acknowledged that this was a very difficult decision and the support by the local
Member. However, she considered that the officer’s recommendation was fair and
balanced. She urged the Members of the LDF Working Party to reconsider Policy
29.
It was proposed by Councillor Miss C P Sheridan, seconded by Councillor Mrs C M
Wilkins
1. That this application be refused on grounds that the property is located in an area
of countryside, where permanent residential use would be contrary to the
Council’s Core Strategy policies in relation to the location of new housing
development and re-use of buildings in the Countryside, as referred to specifically
in Policies SS 1, SS 2, EC 2 and saved Local Plan Policy 29.
2. That support for the early review of Saved Local Plan Policy 29 be confirmed.
3. That any enforcement action be deferred for a period of 18 months.
Councillor M J M Baker supported the officer’s recommendation in principle but
considered that enforcement action should be deferred for a longer period.
As an amendment it was proposed by Councillor M J M Baker, seconded by
Councillor P J Willcox
1. That this application be refused on grounds that the property is located in an area
of countryside, where permanent residential use would be contrary to the
Council’s Core Strategy policies in relation to the location of new housing
development and re-use of buildings in the Countryside, as referred to specifically
in Policies SS 1, SS 2, EC 2 and saved Local Plan Policy 29.
2. That support for the early review of Saved Local Plan Policy 29 be confirmed.
3. That any enforcement action be deferred for a period of 24 months.
Councillor Mrs C M Wilkins stated that she had been lobbied on this application and
had watched the television programme in which the building had been featured. She
stated that this was a retrospective application and the applicant had been aware of
the restriction when he bought the building. She considered that approval of this
application would result in a flood of similar applications. She considered that there
were no valid reasons to approve this application. She stated that deferral of
enforcement action for 24 months would effectively result in approval of this
application given the time limit for taking such action.
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19 February 2009
The Head of Planning and Building Control confirmed that the occupation of this
building would become exempt from enforcement action in July 2011. Whilst 24
months would be within the time limit for commencing enforcement action it would
leave officers with very little leeway. He considered that 18 months was a
reasonable compromise.
The Planning Policy Manager outlined the possible timetable for carrying out the
review of Policy 29. He considered that it would be possible to carry out the
necessary work if additional resources were made available. However, the Council
had no control over the timetable for examination and the policy could not be adopted
until the Inspector had issued a decision. He stated that the review could not be
prejudged and it should not be assumed that there would be a change in the policy.
Councillor Mrs B McGoun considered that estate agents should be made aware of
the issues and that they could not lead the authority.
Councillor R C Price referred to a case in his ward which had been refused. He
considered that approval of this application would be unfair to others. He supported
the officer’s recommendation.
In answer to a question the Head of Planning and Building Control explained that in
the event of Local Government reorganisation going ahead in Norfolk the
Development Plan in force at the time would still apply to the original area until such
time as it was reviewed by the successor authority.
Councillor Mrs P Bevan Jones stated that she understood that this application could
not be approved against policy and asked what guarantees could be given to the
family pending a review of Policy 29.
The Planning Legal and Enforcement Manager explained that the recommendation to
defer the commencement of enforcement action for 18 months had been balanced
against the precedent argument. However, there was no guarantee that the policy
would be reviewed in the applicant’s favour.
Councillor M J M Baker considered that deferral for 24 months would not affect the
policy and would show that the Local Planning Authority had a human face as it
would put the time pressure on the officers rather than the applicant.
Councillor Mrs C M Wilkins stated that the owners of other listed barns had been
required to undertake marketing exercises and provide evidence before being given
permission for residential conversion. She referred to a current appeal case in her
ward and to a case in Potter Heigham and questioned the impact of approval of this
application on those cases. She considered that an inconsistent approach was being
taken in this case.
The amendment, which was proposed by Councillor M J M Baker and seconded by
Councillor P J Willcox, was put to the vote and declared lost with 5 Members voting
in favour and 11 against.
The original proposal by Councillor Miss C P Sheridan, seconded by Councillor Mrs
C M Wilkins was put to the vote, whereupon it was
RESOLVED by 14 votes to 3
1.
That this application be refused on grounds that the property is located
in an area of countryside, where permanent residential use would be
contrary to the Council’s Core Strategy policies in relation to the
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19 February 2009
location of new housing development and re-use of buildings in the
Countryside, as referred to specifically in Policies SS 1, SS 2, EC 2 and
saved Local Plan Policy 29.
2.
That support for the early review of Saved Local Plan Policy 29 be
confirmed.
3.
That any enforcement action be deferred for a period of 18 months.
ITEMS CONSIDERED BY THE DEVELOPMENT CONTROL COMMITTEE (EAST)
(202) STALHAM - 20081644 - Erection of extensions to store, replacement filling
station and construction of roundabout and revised access and parking
arrangements; Tesco Stores Limited Old Market Road for Tesco Stores Limited
This application had been withdrawn.
The Committee asked questions in respect of the roundabout that had been
proposed as part of this application, to which the Head of Planning and Building
Control responded.
(203) STALHAM - 20081666 - Extension and conversion of two flats to provide three
flats; 116 High Street for Mr Woolsey
This application had been withdrawn.
(204) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 4 of the officers’ reports.
(205) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 5 of the officers’ reports.
(206) NEW APPEALS
The Committee noted item 6 of the officers’ reports.
(207) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 7 of the officers’ reports.
(208) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 8 of the officers’ reports.
(209) APPEAL DECISIONS
The Committee noted item 9 of the officers’ reports.
The meeting closed at 10.50 am.
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19 February 2009