23 DECEMBER 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
Miss P E Ford
Mrs B McGoun
Mrs M Seward
Ms V R Gay - North Walsham West Ward
Officers:
Mr J Williams - Development Control Manager (East)
Mr R Howe - Planning Legal and Enforcement Manager
Mr P Godwin - Conservation, Design and Landscape Manager
Mr P Took - Senior Planning Officer (East)
Mr P Rhymes - Conservation and Design Officer
(98)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors M J M Baker, B Smith, Mrs L
Walker and P J Willcox. There were no substitute Members in attendance.
(99)
MINUTES
The Minutes of a meeting of the Committee held on 26 November 2009 were
approved as a correct record and signed by the Chairman.
(100) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which she wished
to bring before the Committee.
(101) DECLARATIONS OF INTEREST
Councillor Mrs M Seward declared an interest, the details of which are given under
the minute of the item concerned.
(102) NORTH WALSHAM CONSERVATION AREA: ADOPTION OF CHARACTER
APPRAISAL AND MANAGEMENT PROPOSALS
The Committee considered item 1 of the officers’ reports which sought agreement to
the adoption of North Walsham Conservation Area Character Appraisal and
Management Proposals (December 2009) for statutory planning purposes and as a
material consideration in the planning process.
The Conservation, Design and Landscape Manager introduced the report and stated
that the production of Character Appraisals and Management Proposals for
Conservation Areas was a key target in the Council's Corporate Plan.
Development Control Committee (East)
1
23 December 2009
The Conservation and Design Officer gave an overview of the document. He
outlined the key issues and main amendments to the document following public
consultation.
Councillor Ms V R Gay, Member for North Walsham West, thanked the Conservation
Team and Andy Boyce who had assisted in producing the document. She
wholeheartedly supported the management proposals, and particularly the proposed
Article 4 Direction. She stated that she remained distressed at the demolition of an
Edwardian villa in the town and in particular the development of gardens. She
considered that whilst the document should be adopted, there was further work
needed prior to publication. She referred to a public meeting, which had been
chaired by Councillor P W Moore, at which support was given for more protection for
the town.
Councillor Miss P E Ford, Member for North Walsham East, supported Councillor Ms
Gay's views.
Councillor Mrs M Seward, Member for North Walsham West (check) welcomed the
proposals.
Councillor Mrs S A Arnold stated that she had been appalled by some of the shop
fronts and questioned how they could have been allowed. She asked how much
strength the document would have in controlling development.
The Conservation, Design and Landscape Manager explained that the document
would have a positive impact. He stated that whilst control of changes to dwellings
was contentious as it impinged on people's rights, it was important to ensure that the
overall character of the town was preserved. The introduction of Article 4 directions
provided additional control, but it would require sufficient staff resources. He stated
that all the changes made through ‘permitted development’ should not be seen as a
minor issue. Collectively, these changes could be disastrous and the Authority had a
duty to protect important buildings and groups of buildings. The town’s built heritage
was part of North Norfolk's ‘offer’ as a place to live and a place for tourism. Permitted
development was a planning loophole and Article 4 provided an opportunity for the
Council to deal with it.
The Planning Legal and Enforcement Manager explained that enforcement was
reactive rather than proactive. He considered that mixed messages were being sent
by the Government as it had extended permitted development rights for
householders. There was a need to think carefully before removing those rights and
the use of such powers should be targeted.
In response to questions by Councillor Mrs Arnold regarding contractors'
responsibility for breaches of planning control, particularly with regard to replacement
windows, Councillor Ms Gay explained that agents, architects and sometimes
builders were kept informed of changes in legislation and policy through regular
agents' meetings. The Conservation, Design and Landscape Manager explained
that leaflets were produced regarding alterations to windows and companies were
kept informed. The Planning Legal and Enforcement Manager explained that in the
case of listed buildings the window installer would be liable in addition to the owner of
the building. If a building was unlisted the onus was on the contractor to check with
the local planning authority but in some cases they did not. He stated that the
primary action would be against the owner of the property.
Development Control Committee (East)
2
23 December 2009
The Development Control Manager stated that the windows in Aylsham Road which
had been referred to in the document had been installed under permitted
development rights. These rights would be removed under an Article 4 direction and
affected owners would be informed.
Councillor Mrs Arnold suggested that an article be published in Outlook regarding
replacement windows.
Councillor Mrs B McGoun referred to parking in the Market Place. She considered
that the removal of road markings as part of the enhancement scheme had added to
the problems. The Conservation, Design and Landscape Manager stated that there
was a parking management issue within the Market Place, but that it could not be
tackled through physical changes alone. It was important that sufficient resources
were employed by appropriate authorities to deal with day to day management
issues occurring.
Councillor Mrs C M Wilkins considered that the site of the former town pump should
be marked as this had been a historic feature.
Councillor Mrs Wilkins asked if the Article 4 direction would be flagged up on the land
charges register. The Planning Legal and Enforcement Manager undertook to check
if this would be done.
In answer to a question by Councillor Ms Gay, the Conservation, Design and
Landscape Manager stated that a meeting had already taken place with the
manufacturer of the original benches in the Market Place regarding their repair. He
stated that it was very important for the Council to manage and maintain its assets
properly, since not only did infrastructure such as the seating provide a quality facility
for the public but the Council’s reputation was also under threat without appropriate
maintenance arrangements.
It was proposed by Councillor S J Partridge, seconded by Councillor Mrs B McGoun
and
RESOLVED unanimously
1.
2.
3.
That the Final Draft of the North Walsham Conservation Area Character
Appraisal and Management Plan (December 2009) be recommended for
formal adoption by the Council for statutory planning purposes and as
such be a ‘material consideration’ in the planning process.
That the proposed boundary changes as recommended in the draft
Appraisal document be adopted and publicised in accordance with the
Planning (Listed Buildings & Conservation Areas) Act 1990.
That a programme of enhancement and improvement schemes is
prepared for the Conservation Area and that appropriate budgetary
provision is sought.
(103) RUSSELL TERRACE MUNDESLEY ARTICLE 4(2) DIRECTION
The Committee considered item 2 of the officers’ reports in respect of a proposed
direction under Article 4(1) and 4(2) of The Town and Country Planning Act General
Permitted Development Order 1995 for Russell Terrace numbers 1-23.
It was proposed by Councillor Mrs B McGoun, duly seconded and
Development Control Committee (East)
3
23 December 2009
RESOLVED unanimously
1.
That a Direction be made under Articles 4(1) and 4(2) of the Town and
Country Planning (General Permitted Development) Order 1995 and
covering the following matters:
•
•
•
•
•
•
•
Alterations to elevations
Satellite dishes
Roofs and chimneys
Roof windows
Doors and windows
Painting facades
Hardstandings and curtilage walls
and that formal notification of affected households be carried out.
2.
That the Secretary of State for Communities and Local Government be
informed of the Council's intention to serve an Article 4(1) Direction
covering hardstandings and curtilage walls.
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.
(104) NORTH WALSHAM - PF/09/1036 - Erection of Sixteen Dwellings; Land adjacent
1 Ketts Road North Walsham for Orbit Housing Group
Councillor Mrs M Seward declared a personal interest in this application as her
husband was speaking as a representative of the Town Council. The Planning Legal
and Enforcement Manager confirmed that this was a personal interest and Councillor
Mrs Seward could speak and vote on this application.
The Committee considered item 3 of the officers’ reports.
Public Speakers
Mr E Seward (North Walsham Town Council)
Mr Mumford-Smith (supporting)
Development Control Committee (East)
4
23 December 2009
The Senior Planning Officer reported that the Sustainability Co-ordinator had no
objections to this application. The Landscape Officer had raised issues regarding the
location of play space, some of the landscape details and ecology. He read to the
Committee the response from the agents regarding relocation of the play space
expressing concern at the impact any revisions would have on the delivery of the
scheme.
Councillor Ms V R Gay, a local Member, stated that she had called in this application
because of the loss of green open space and wished to ensure that this was the best
possible development. She supported the application. She welcomed the use of
solar panels and environmentally sustainable development. She had requested that
hedges be planted on some of the boundaries. She favoured the retention of the oak
tree in preference to changes in the layout to provide more open space. She asked if
water barrels would be provided, which was confirmed by Mr Mumford-Smith.
Councillor Mrs M Seward, a local Member, welcomed the provision of affordable
housing provided that landscaping was provided which would enhance people's lives.
She requested that the Section 106 contribution towards allotment provision be ringfenced.
Councillor Miss P E Ford referred to the loss of other open space in North Walsham.
She stated that children from the area had a long journey to reach available play
space, and tended to play on the green space in the centre of the roundabout on
Ketts Road. She considered that there was a compelling argument for affordable
housing but this should not be the only consideration. She asked where it was
proposed to provide the allotments and considered that the play space was
inadequate. She proposed delegated authority to approve the application in order to
secure the funding for affordable housing subject to the agreement of the local
Members in respect of open space and allotment provision. She requested further
consultation on the provision of green space.
The Development Control Manager stated that he was not aware if a site had been
allocated for allotment provision. However, there was a shortfall in allotment
provision. The applicant was willing to contribute towards a fund for the provision of
allotments which would hopefully be supplemented by other developers in the future.
Councillor Mrs C M Wilkins considered that the Section 106 contribution should be
retained by the District Council as it had compulsory purchase powers which the
Town Council did not have.
Councillor Mrs B McGoun referred to the desperate need for affordable housing. She
referred to the situation in her Ward where despite a large play area children
preferred to play in the road. She supported the retention of the oak tree.
The Senior Planning Officer read to the Committee the comments of the Countryside
and Parks Manager in respect of the play space.
He stated that the Countryside
and Parks Manager and Police Liaison Advisor were satisfied with the location of the
play space. The Senior Planning Officer recommended approval of the application
as submitted.
It was proposed by Councillor Mrs M Seward, seconded by Councillor Mrs B McGoun
and
Development Control Committee (East)
5
23 December 2009
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to the imposition of appropriate
conditions to include landscaping and the retention of the oak tree, and
subject to the prior completion of a Section 106 obligation in respect of
contributions to walking and cycling and to allotment provision, with the
contribution towards allotment provision to be ring-fenced.
(105) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 4 of the officers’ reports.
(106) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 5 of the officers’ reports.
(107) NEW APPEALS
The Committee noted item 6 of the officers’ reports.
(108) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 7 of the officers’ reports.
(109) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 8 of the officers’ reports.
(110) APPEAL DECISIONS
The Committee noted item 9 of the officers’ reports.
The meeting closed at 11.05 am.
Development Control Committee (East)
6
23 December 2009