26 NOVEMBER 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
Miss P E Ford
Mrs M Seward
B Smith
P J Willcox
P W High - substitute for Mrs S A Arnold
J A Wyatt - substitute for Mrs B McGoun
Ms V R Gay - North Walsham West Ward
K E Johnson - Cromer Town Ward
W J Northam - Mundesley Ward
Officers:
Mr S Oxenham - Head of Planning and Building Control
Mr R Howe - Planning Legal and Enforcement Manager
Mr P Godwin - Conservation, Design and Landscape Manager
Mr C Young - Senior Conservation and Design Officer
Mr I Thompson - Senior Planning Officer
Mr S Case - Landscape Officer
Mr P Rhymes - Conservation and Design Officer
(76)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
An apology for absence was received from Councillors Mrs S A Arnold, Mrs B
McGoun, Miss C P Sheridan and Mrs L Walker. There were two substitute Members
in attendance as shown above.
(77)
MINUTES
The Minutes of a meeting of the Committee held on 1 October 2009 were approved
as a correct record and signed by the Chairman.
The Head of Planning and Building Control reported Councillor N D Dixon’s
comments on the implied criticism contained in minute 69 regarding his nonattendance at the meeting, reiterating that he had submitted lengthy comments to the
planning officer which were mentioned at the meeting.
Councillor M J M Baker commented that since discussion of the derelict sites in North
Walsham at the previous meeting he was pleased to see that action was now taking
place on the Bullens site.
Development Control Committee (East)
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26 November 2009
(78)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were two items of urgent business which she wished
to bring before the Committee, relating to:
1. A planning application at Cromer, reference 20090929.
2. An application for advertisement consent at Cromer, reference 20090930.
The reason for urgency in both cases was to expedite processing of these
applications, the former of which required an urgent decision in view of unauthorised
alterations which had already taken place.
(79)
DECLARATIONS OF INTEREST
No interests were declared.
(80)
BACTON – Tree Preservation Order (Bacton) 2009 No.5 Yfere, North Walsham
Road
The Committee considered item 1 of the officers’ reports in respect of a Tree
Preservation Order (TPO) to protect a single Oak tree at the above site.
It was proposed by Councillor B Smith, seconded by Councillor Miss P E Ford and
RESOLVED unanimously
That Tree Preservation Order (Bacton) 2009 No.5 Yfere, North Walsham
Road be confirmed.
(81)
MUNDESLEY CONSERVATION AREA: ADOPTION
APPRAISAL AND MANAGEMENT PROPOSALS
OF
CHARACTER
The Committee considered item 2 of the officers’ reports which sought agreement
for the adoption of ‘Mundesley Conservation Area Character Appraisal and
Management Proposals’ (October 2009) for statutory planning purposes and as a
material consideration in the planning process.
The Conservation and Design Officer gave an overview of the Character Appraisal
and Management Proposals for the Mundesley Conservation Area. He outlined the
main amendments that had been made in response to the public consultation. He
stated that a separate report in respect of Article 4 directions would be submitted to
the Committee at a later date.
The Conservation, Design and Landscape Manager stated that there had been very
positive engagement with the public in Mundesley and he was heartened by the
support and interest shown. The Planning Committee of Mundesley Parish Council
had given its support for the document. The full Parish Council had yet to consider
the document.
Councillor W J Northam, a local Member, welcomed the interest that had been
shown in Mundesley and hoped that adoption of the Conservation Area Character
Appraisal & Management Plan would lead to positive action. He asked if grant aid
would be available to encourage property owners to improve their buildings.
Development Control Committee (East)
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26 November 2009
The Head of Planning and Building Control stated that there was no budgetary
assistance at the present time. Such funding was not within the remit of the
Committee.
Councillor B Smith, a local Member, supported the document and congratulated the
officers on their hard work and interest shown in the village.
In response to a question by Councillor Miss P E Ford in respect of windows, the
Conservation, Design and Landscape Manager stated that consideration was being
given to an advice sheet or guidance note in respect of good and bad design which
would supplement the Design Guide.
Councillor P J Willcox asked if it would be beneficial to owners if buildings were listed
in terms of availability of tax relief for repairs. The Conservation, Design and
Landscape Manager explained that tax relief related to extensions and did not cover
maintenance of listed buildings. Any buildings that were considered to meet the
national criteria would have been put forward for listing.
Councillor Mrs C M Wilkins asked if it would be possible to remove satellite dishes
from the dwellings in Russell Terrace. The Conservation, Design and Landscape
Manager considered that with encouragement and advice owners may be persuaded
to reconsider decisions they had made in the past.
It was proposed by Councillor B Smith, seconded by Councillor S J Partridge and
RESOLVED unanimously
1.
That the Head of Planning
confirm the adoption of the
Appraisal and Management
subject to consideration of
Council and in consultation
Chair.
2.
That following adoption the Mundesley Conservation Area Character
Appraisal and Management Plan be treated as a ‘material consideration’
in the planning process.
3.
That the proposed boundary changes as recommended in the draft
Appraisal document considered at the Committee be approved and
publicised in accordance with the Planning (Listed Buildings and
Conservation Areas) Act 1990.
4.
That further reports be brought before the Committee relating to
specific proposals contained in the above document, eg the
introduction of Article 4 Directions.
5.
That Officers prepare improvement programmes in respect of the
Mundesley Conservation Area as appropriate and accordingly seek
budgetary provision for their implementation during the course of future
Council budgeting rounds.
Development Control Committee (East)
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and Building Control be authorised to
Mundesley Conservation Area Character
Plan for statutory planning purposes,
any further views of Mundesley Parish
with local Members and the Committee
26 November 2009
(82)
STALHAM CONSERVATION
MANAGEMENT PROPOSALS
AREA:
CHARACTER
APPRAISAL
AND
The Committee considered item 3 of the officers’ reports which sought agreement for
the draft Conservation Area Character Appraisal and Management Proposals for
Stalham to be approved for public consultation.
The Conservation and Design Officer outlined the key characteristics of the Stalham
Conservation Area, the key issues that had been identified and the proposals for
managing the Conservation Area.
It was proposed by Councillor S J Partridge, seconded by Councillor Mrs M Seward
and
RESOLVED unanimously
1.
That the Draft Character Appraisal and Management Plan incorporating
proposed boundary changes and Article 4(2) directions be approved for
public consultation purposes.
2.
That following consultation, the amended Stalham Conservation Area
Character Appraisal and Management Proposals be brought back before
Committee for final adoption.
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.
(83)
NORTH WALSHAM - 20090917 - Extension and conversion to provide six flats,
two retail units and replacement public conveniences; 4 Market Street for
Nazpro Ltd
The Committee considered item 4 of the officers’ reports.
The Senior Planning Officer reported that Norfolk Landscape Archaeology
considered that there were no archaeological issues.
The Senior Conservation and Design Officer stated that this was a difficult site
because of its narrowness and changing levels. He supported the proposal.
Councillor Ms V R Gay, a local Member, welcomed the proposal and expressed her
appreciation for the Committee’s previous support in this matter. She stated that it
was important that traditional materials were used and that materials were checked
and approved.
Development Control Committee (East)
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26 November 2009
Councillor Mrs M Seward, a local Member, stated that there was strong support for
this proposal within the community. She proposed approval of this application which
was seconded by Councillor S J Partridge.
Councillor M J M Baker questioned whether the Council’s financial interest in this
matter had been declared as the application site included the freehold site of the
public lavatories owned by the Council.
The Head of Planning and Building Control informed the Committee that the
ownership of the site was not material to the determination of this planning
application. The applicant had served the appropriate notice on the Council as
owners of part of the site. He referred Councillor Baker to the Council’s Corporate
Asset Manager.
RESOLVED unanimously
That this application be approved in accordance with
recommendation of the Head of Planning and Building Control.
(84)
the
NORTH WALSHAM - 20090918 - Alterations and extension to provide 6 flats, 3
retail units and replacement toilets; 4 Market Street for Nazpro Ltd
The Committee considered item 5 of the officers’ reports.
It was proposed by Councillor Mrs M Seward, seconded by Councillor S J Partridge
and
RESOLVED unanimously
That this application be approved in accordance with
recommendation of the Head of Planning and Building Control.
(85)
the
STALHAM - 20090908 - Erection of operational deployment base and 15m
communications mast; land adjacent Clippons Rond Yarmouth Road for
Norfolk Constabulary
The Committee considered item 6 of the officers’ reports.
Public Speaker
Superintendent Marshall (supporting)
The Senior Planning Officer reported that the proposed facility was for Norfolk
Constabulary only and references in the report to Norfolk Ambulance Services should
be disregarded.
The Senior Planning Officer read to the Committee an email that had been received
from Councillor Miss C P Sheridan, a local Member, who was unable to attend the
meeting. She had been supportive of the original intention to site the facility at the
other end of the town. However, she considered that there were highway issues in
respect of this site and it was the wrong location for such a facility. She had
questioned whether a proper traffic assessment had been carried out in association
with the school run.
Development Control Committee (East)
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26 November 2009
The Senior Planning Officer stated that the Highway Authority had raised no
objection to this application.
Councillor Miss P E Ford proposed a site inspection to allow both local Members to
make their comments, which was not seconded. She asked if the proposed facility
was as sustainable as the facility that had been built at Aylsham.
The Senior Planning Officer explained that whilst electricity would not be generated
at the site, the design of the building met current sustainable standards.
Councillor M J M Baker expressed his disappointment that neither local Member had
attended the meeting. He asked that Members be reminded that if they call in an
application they should attend the meeting at which the application is discussed.
It was noted that Councillor G W Barran had called in the application. Councillor
Miss Sheridan had not been involved in the call-in procedure but had submitted her
comments. Councillor Ms V R Gay, the Leader of the Council, stated that this issue
had been discussed on numerous occasions and she would pursue the matter.
At the request of Councillor M J M Baker, the Chairman asked Superintendent
Marshall if the proposed facility would include a front desk for public enquiries.
Superintendent Marshall stated that there would not be a front desk but facilities
would be provided for the public to be met in the front office.
The Senior Planning Officer answered Members’ questions regarding the policy
issues relating to this application.
It was proposed by Councillor S J Partridge, seconded by Councillor M J M Baker
and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions relating to highways, sustainable construction
specification, materials and landscaping details.
(86)
TRIMINGHAM - 20090447 - Erection of single-storey side extension; 33
Mundesley Road for Mr D Harrison
Councillor Mrs C M Wilkins stated that she was a member of Trimingham Parish
Council but had taken no part in the consideration of this application.
The Committee considered item 7 of the officers’ reports.
The Senior Planning Officer reported the comments of Councillor Mrs A M Tillett, the
local Member, who was unable to attend the meeting. She supported the Parish
Council’s objections. In addition, she requested that if the Committee were minded
to approve this application the extension be lowered to the height of the fence.
In response to the local Member’s comments, the Senior Planning Officer stated that
officers considered that the existing fence and gable already had an impact on light
to the neighbouring property.
It was proposed by Councillor Miss P E Ford, seconded by Councillor S J Partridge
and
Development Control Committee (East)
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26 November 2009
RESOLVED unanimously
That this application be approved subject to the imposition of a
materials condition.
(87)
APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee considered item 8 of the officers’ reports.
RESOLVED
That a site inspection be arranged in respect of the following application
for both Development Control Committees and that the local Member
and Chairman of the Parish Council be invited to attend:
BRUMSTEAD - 20091060 - Erection of two 130m wind turbines with
associated hard standings, access tracks and substation compound;
Grove Farm, Ingham for Meridian Wind Power Limited
The Head of Planning and Building Control stated that this site inspection was likely
to take place on 7 January 2010.
(88)
APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 9 of the officers’ reports.
(89)
APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 10 of the officers’ reports.
(90)
NEW APPEALS
The Committee noted item 11 of the officers’ reports.
(91)
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 12 of the officers’ reports.
(92)
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 13 of the officers’ reports.
(93)
APPEAL DECISIONS
The Committee noted item 14 of the officers’ reports.
(94)
QUARTERLY PERFORMANCE REPORT
The Head of Planning and Building Control presented the quarterly performance
report which had been published in the Members’ Bulletin (issue 521 - 21 October
2009). The Committee noted the report.
Development Control Committee (East)
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26 November 2009
(95)
CROMER - 20090929 - Installation of replacement shop front, roller shutter and
air conditioning system; 57 Church Street for Iceland Foods Ltd
The Chairman stated that she had determined that this item be considered as a
matter of urgency pursuant to the powers vested in her by Section 100B(4)(b) of the
Local Government Act 1972.
Public Speaker
Caroline Candish (objecting)
The Senior Planning Officer presented plans and photographs of the alterations to
the shopfront to illustrate the proposal in detail. He reported that the replacement
shop front did not have the symmetry and balance of the former shop front, and that
concerns had been raised in respect of the air handling unit given its proximity to
residential dwellings. He reported that a letter had been received fro the applicant’s
architects, but that no amendments had been made to address any concerns.
The Town Council had objected to the roller shutters in the Conservation Area. The
Council also had concerns regarding the advertisements (see below, application
20090930) if they were to be illuminated after the store closed. The applicants had
confirmed that the illumination would be switched off at closing time. Cromer
Preservation Society had objected on grounds that the shop front was uninspiring
and no attempt had been made to enhance the Conservation Area. Three local
objections had been received on grounds related to design and noise.
The Senior Conservation and Design Officer stated that the former shop front,
although not original to the building, was at least well balanced, had depth, was
recessive in the street scene and was visually lightweight. These qualities were
lacking in the new shop front, which was flat, featureless and lacking in depth,
resulting in a very bland, uninspiring and featureless façade. The deepened fascia
was disproportionately large and not related to the building. The roller shutter was
considered to be injurious to the Conservation Area. However, the reuse of the
building was welcome and a vital new use of a flagship building.
The Senior Planning Officer recommended refusal of this application on grounds that
the design was damaging to the Conservation Area.
Councillor K E Johnson, a local Member, considered that the applicant’s actions
showed lack of respect for the community. He urged refusal of this application as
recommended.
Councillor Miss P E Ford considered that the shop front was ugly and would have an
impact on the environment and the street. She was also concerned that the
proposals regarding the air conditioning units had no regard for the neighbouring
residential dwellings.
It was proposed by Councillor Miss P E Ford, seconded by Councillor M J M Baker
and
RESOLVED unanimously
That this application be refused on grounds that the design is damaging
to the Conservation Area.
Development Control Committee (East)
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26 November 2009
The Head of Planning and Building Control requested authority to commence
enforcement action for the removal of the unauthorised shop front within 3 months.
In response to a question the Planning Legal and Enforcement Manager stated that
Environmental Health powers would deal with any statutory nuisance arising from the
air conditioning unit.
It was proposed by Councillor S J Partridge, seconded by Councillor B Smith and
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to serve
an Enforcement Notice to require the removal of the unauthorised shop
front within 3 months of the effective date of the notice.
Reason: the design of the shop front is damaging to the Conservation
Area.
(96)
CROMER - 20090930 - Display of illuminated advertisements; 57 Church Street
for Iceland Foods Ltd
The Chairman stated that she had determined that this item be considered as a
matter of urgency pursuant to the powers vested in her by Section 100B(4)(b) of the
Local Government Act 1972.
The Senior Planning Officer recommended approval of this application subject to the
imposition of a condition to require the illumination to be switched off outside shop
opening hours.
Councillor Mrs M Seward considered that the signs would be designed to fit the
deeper fascia. She proposed deferral of this application which was seconded by
Councillor S J Partridge.
RESOLVED unanimously
That consideration of this application be deferred given the refusal of
application 20090929.
(96)
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.
Development Control Committee (East)
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26 November 2009
(97)
PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 15 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
2009.
RESOLVED
1.
That the contents of the report and the annexed Schedules of Current
Enforcement Cases be noted.
2.
That further action in respect of 01/78/DEV6/02/004 be taken as soon as
possible.
3.
That the cases where compliance has been achieved be removed from
the first Schedule.
The meeting closed at 12.20 pm.
Development Control Committee (East)
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26 November 2009