4 DECEMBER 2008
Minutes of a meeting of the DEVELOPMENT CONTROL COMMITTEE (WEST) held in the
Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when there were present:
Councillors
H C Cordeaux (Chairman)
J A Wyatt (Vice-Chairman)
Mrs P Bevan Jones
B Cabbell Manners
Mrs A R Green
P W High
S C Mears
T H Moore
J H Perry-Warnes
Mrs A C Sweeney
Mrs L M Brettle - Glaven Valley Ward
Mrs J P Moss - Sheringham South Ward
Development Control Committee (East) Members for Minute (195)
Mrs S A Arnold
Miss P E Ford
Mrs B McGoun
B Smith
Mrs C M Wilkins
P J Willcox
Officers
Mr S Oxenham - Head of Planning and Building Control
Mr R Howe - Planning Legal and Enforcement Manager
Mr G Lyon - Acting Development Control Manager (West)
Mr G Linder - Senior Planning Officer (West)
(191) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors J D Savory, S J Partridge
(East), Miss C P Sheridan (East) and Miss L Walker (East). An apology for absence
was also received from Councillor N P Ripley who had agreed to act as substitute for
Councillor Savory but was unwell. There were no substitute Members in attendance.
(192) MINUTES
The Minutes of a meeting of the Committee held on 6 November 2008 were
approved as a correct record and signed by the Chairman.
(193) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which he wished to
bring before the Committee.
(194) DECLARATIONS OF INTEREST
Councillor B Cabbell Manners declared an interest, the details of which are given
under the minute of the item concerned.
Development Control Committee (West)
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4 December 2008
APPLICATION CONSIDERED BY THE COMBINED COMMITTEE
Councillor Mrs C M Wilkins, Chairman of Development Control Committee (East),
chaired the meeting during consideration of this item.
(195) RAYNHAM – 20081353 - Variation of condition four of 20040018 to permit
residential occupancy personal to the applicant; Wren Cottage, Helhoughton
Road, West Raynham for Mr and Mrs Mason
The Committee considered item 1 of the officer’s reports in respect on an application
for the variation of condition 4 of planning permission 20040018 to permit residential
occupancy personal to the applicant of a holiday unit within the Countryside policy
area.
Public Speaker
Mr Mason (supporting)
The Acting Development Control Manager reported that a further letter of support
had been received from the applicants’ solicitor in respect of material considerations
in this case. He stated that, notwithstanding the further information that had been
submitted, officers considered that there was no policy basis on which to grant
permission.
Councillor Mrs C M Wilkins read to the Committee a statement from Councillor Miss
D A Wakefield, the local Member, in support of this application.
Councillor H C Cordeaux stated that he had lived in tied agricultural accommodation
in the past and understood the applicants’ situation. He understood that Mr Mason
would carry out work for local farmers when necessary after he retired from full-time
employment. He asked if it would be possible to impose an agricultural occupancy
condition on Wren Cottage which would revert back to holiday occupancy when the
applicants ceased to occupy the dwelling.
The Head of Planning and Building Control explained that the applicants had not
applied for agricultural occupancy and it would therefore be necessary to seek their
agreement. Whilst the applicants would meet the criteria for an agricultural
occupancy condition, the dwelling itself would not meet the justification criteria for
applying such a condition.
Councillor B Cabbell Manners stated that farmers were becoming less able to employ
full-time staff and were more reliant on a flexible workforce that could be called upon
when needed. He proposed that the possibility of an agricultural occupancy
restriction be explored with the applicants, with delegated authority to impose such a
condition on the dwelling for as long as it was required by the applicants. This was
seconded by Councillor H C Cordeaux.
Councillor Mrs B McGoun expressed concern that a precedent could be set for
people to convert buildings to holiday accommodation with a view to seeking
permanent occupation, although she did not suggest that it had been the applicants’
intention when converting this building.
The Planning Legal and Enforcement Manager stated that each application had to be
considered on its own merits and applicants’ motives could not be taken into account.
Development Control Committee (West)
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4 December 2008
The Head of Planning and Building Control stated that there were concerns regarding
precedent. Each exception made on grounds of personal circumstances undermined
the strength of the policy. He considered that a permission based on agricultural
occupancy grounds was preferable to a personal permission.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor H C
Cordeaux and
RESOLVED
That the applicants be asked if they are prepared to consider the
imposition of an agricultural occupancy condition in substitution for the
holiday occupancy condition and, if so, the Head of Planning and
Building Control be authorised to approve this application on the basis
of a clear understanding that the holiday occupancy condition will be
reimposed when the applicants cease to occupy the property.
One Member voted against the proposal.
ITEMS CONSIDERED BY DEVELOPMENT CONTROL COMMITTEE (WEST)
(196) LANGHAM – 20060770 - Conversion and extension of buildings to provide
hotel and village shop and erection of twenty-three holiday cottages; Former
Glass Factory North Street for Avada Country Homes
Councillor B Cabbell Manners declared a personal interest in this application as he
had interests in the tourism industry.
The Committee considered a supplementary report in respect of this application
which it was necessary to consider further in the light of changes to Development
Plan Policy following adoption of the North Norfolk Core Strategy on 24 September
2008, which occurred prior to receiving the further advice from the Council’s
appointed consultants.
Public Speakers
Objecting: Mr Hope, Mr Green, Mrs Freeth
Supporting: Mr Sherriff, Mr Johnston
The Acting Development Control Manager reminded the Committee that the Head of
Planning and Building Control had been authorised to approve this application at the
meeting of the Committee on 17 March 2008. Whilst the outstanding matters had
been substantially completed or addressed, the Development Plan for North Norfolk
had since changed with the adoption of the Core Strategy in September. The Core
Strategy superseded the saved North Norfolk Local Plan under which the application
had previously been considered. The Head of Planning and Building Control had
sought Counsel’s advice as to whether or not he could exercise his delegated powers
in this matter bearing in mind this material change. Counsel had referred to case law
which advised that delegated powers could not be exercised without having first
referred the matter back to the Committee for further consideration in the light of this
change.
The Acting Development Control Manager stated that under the adopted Core
Strategy the site was now located in the Countryside Policy Area, which pointed
more strongly towards refusal than was the case under the saved Local Plan. He
Development Control Committee (West)
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4 December 2008
referred to Policy EC7 of the Core Strategy which acknowledged the need for tourism
accommodation in the District. However, the application site was in a less favourable
location within the Coastal Tourism Asset Zone.
He reminded the Committee that the previous decision had been taken because the
applicant had demonstrated that the holiday cottages were necessary to make the
remainder of the scheme viable and that they were considered to be ‘facilitating
development’. It had been considered that this, together with the creation of jobs and
the provision of a village shop, would be sufficient to outweigh the conflict with
adopted policy. Officers considered that those considerations still applied and were
in fact even more relevant given the worsening economic situation in the UK.
The Acting Development Control Manager recommended approval subject to the
finalisation of the Section 106 agreement and subject to the imposition of appropriate
conditions.
Councillor Mrs A R Green stated that she had spoken to Mr Green, one of the
objectors.
The Head of Planning and Building Control read to the Committee a statement from
Councillor Mrs H T Nelson, the portfolio holder for Tourism and Built Heritage, in
support of this application.
Councillor B Cabbell Manners stated that this application had been before the
Committee several times and a decision had been made. He considered that there
was a desperate need for hotels in North Norfolk, this proposal would bring jobs to
the area and that further delay would be unfair to those seeking jobs and to the
developer. He considered that this proposal would be good for Langham and for
North Norfolk as a whole. He proposed approval of this application.
Councillor Mrs P Bevan Jones supported the application but acknowledged the
concerns of local residents regarding intrusion in the countryside and requested that
the scheme be appropriately designed.
The Head of Planning and Building Control reminded the Committee that design
issues had been discussed previously and were acceptable. There had been no
change in this respect.
Councillor Mrs A R Green did not support the inclusion of so many cottages in the
scheme. She considered that if the hotel itself was not viable then the proposal was
not viable. She referred to the most recent report from Strutt and Parker regarding
viability.
The Acting Development Control Manager explained the viability issue and the
phasing arrangements for provision of the cottages.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs P
Bevan Jones and
RESOLVED by 8 votes to 1
That this application be approved subject to the finalisation of the
Section 106 agreement and subject to the imposition of appropriate
conditions.
Development Control Committee (West)
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4 December 2008
(197) SHERINGHAM – 20080836 – Demolition of bungalow and erection of three oneand-a-half-storey dwellings; 18 Hadley Road, Sheringham for Mr K Welch
The Committee considered item 2 of the officers’ reports in respect of an
undetermined planning application for the demolition of a bungalow and the erection
of three one-and-a-half-storey dwellings which it was necessary to reconsider in the
light of a strong objection from the Highway Authority and the inability to find an
acceptable compromise regarding improvements to highway safety.
Public Speakers
Mr McGinn (Sheringham Town Council)
Mrs Welch (supporting)
The Acting Development Control Manager reported that the applicant was not
prepared to purchase additional land to provide the visibility splay. There were no
alternatives which were satisfactory to the Highway Authority or acceptable to the
applicants. He recommended refusal of this application as stated in the report.
The Planning Legal and Enforcement Manager reported that a letter had been
received from a neighbour in respect of covenants which prevented more than one
house being built on each plot. He stated that the enforcement of covenants was not
a planning issue and should not be taken into account when determining this
planning application.
The Head of Planning and Building Control reported that an email had been received
from Councillor B J Hannah, Member for Sheringham North Ward, expressing
disappointment at the handling of this application. He had acknowledged that the
Hadley Road/Common Lane junction was not good but he was not aware of any
accidents. Hadley Road was a wide road and he considered that there was an
adequate alternative exit at The Rise which was used by residents of Hadley Road.
He had stated that the Highway Authority had failed in its duty to require hedges to
be cut back.
The Chairman read to the Committee the comments of Councillor Mrs H T Nelson, a
local Member. She was unconvinced by the highway objections, particularly as there
had been other development in the vicinity to which the Highway Authority had not
objected.
Councillor Mrs P Bevan Jones, Member for Sheringham North Ward, stated that
there was a scarcity of land in Sheringham for housing development and she
considered that this was an opportunity to provide new homes. There was no record
of accidents at the junctions of Hadley Road. She stated that the Town Council had
not objected and she considered that it was important to listen to its views. She
considered that it would be helpful if the hedges were cut back. She proposed
approval of this application subject to acceptable design, adequate management of
dust and grime arising from the development and the Highway Authority being
requested to exercise its powers to require the hedges to be trimmed at the junction.
Councillor Mrs J P Moss, a local Member, supported the views expressed by the
Town Council and other Sheringham Members. She considered that the scale of the
development was appropriate for the plot. She considered that the Highway
Authority’s objections were disproportionate as there were two possible exits. She
referred to the width of Hadley Road compared to other unadopted roads in the town.
She considered that this was a perfectly reasonable proposal.
Development Control Committee (West)
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4 December 2008
The Head of Planning and Building Control stated that the visibility at the Common
Lane junction was less than one-fifth of the Highway Authority’s requirements.
Although The Rise was used by local residents it had only one-third of the required
visibility in one direction. He stated that if the Committee was minded to approve this
application it would be necessary to refer the application to a Combined meeting,
with a further site inspection to which a representative of the Highway Authority
should be invited.
It was proposed by Councillor Mrs P Bevan Jones, seconded by Councillor B Cabbell
Manners and
RESOLVED by 7 votes to 2
1.
That this application be referred to a Combined meeting of the
Development Control Committees with a recommendation for approval
on grounds that it is a sustainable development, there is a lack of space
for housing in Sheringham and this application represents an ideal
opportunity for appropriate development, there is alternative access
available at The Rise and the Committee has taken into account the
powers of the Highway Authority to require hedges to be trimmed back
to improve visibility.
2.
That a further site inspection be arranged and that local Members, the
Chairman of the Town Council Planning Committee and a representative
of the Highway Authority be invited to attend.
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.
(198) BLAKENEY - 20081400 - Erection of seven dwellings; land adjacent 1 Pyes
Close for Corepost Ltd
The Committee considered item 3 of the officers’ reports.
Public Speaker
Mr Ivins (supporting)
The Senior Planning Officer reported that the Highway Authority had objected to this
application on grounds of substandard visibility at the junction of Pyes Close and
Morston Road. The Highway Authority had indicated that the alternative access
Development Control Committee (West)
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4 December 2008
would be acceptable for four additional dwellings only. A further letter of objection
had been received from a resident of Pyes Close in respect of the width of the
access and drainage issues.
The Senior Planning Officer recommended refusal on highway safety grounds.
The Planning Legal and Enforcement Manager reported that he had received an
email from the applicant’s agent in respect of the late receipt of consultee responses.
He had replied explaining that late receipt did not invalidate the consultees’
comments or mean that the Committee could disregard them.
Councillor B Cabbell Manners reported the comments of Councillor Mrs L M Brettle,
the local Member, in respect of affordable housing and concerns raised by the
neighbour. Councillor Mrs Brettle had had to leave the meeting prior to this
application being considered.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs P
Bevan Jones and
RESOLVED unanimously
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.
(199) FAKENHAM - 20081342 - Erection of sixteen flats; 107-109 Holt Road for
Fairstead Homes
The Committee considered item 4 of the officers’ reports.
The Acting Development Control Manager requested delegated authority to approve
this application in consultation with the Chairman and Vice-Chairman of the
Committee if objections were received following readvertisement and reconsultation
in respect of the amended plans and subject to the imposition of appropriate
conditions.
It was proposed by Councillor S C Mears, seconded by Councillor Mrs A R Green
and
RESOLVED by 7 votes to 1 with 1 abstention
That the Head of Planning and Building Control be authorised to
approve this application following readvertisement and reconsultation
in respect of the amended plans, subject to consultation with the
Chairman and Vice-Chairman of the Committee if objections are
received, and subject to the imposition of appropriate conditions.
(200) LITTLE SNORING - 20081435 - Erection of shed/car port; Jex Farm Thursford
Road for Mr Harvey
Councillors Mrs A R Green and T H Moore stated that they had spoken to the
applicant.
The Committee considered item 5 of the officers’ reports.
Development Control Committee (West)
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4 December 2008
Public Speaker
Mr Harvey (supporting)
Councillor Mrs A R Green, the local Member, supported this application. She
considered that there was no alternative site available and the building would be
hidden by a tree.
Councillor T H Moore considered that the garage would be more visible if it were
sited elsewhere.
Members discussed the siting of the building. The Head of Planning and Building
Control suggested that it might be possible to move the building slightly further back
on the site.
Members requested that reclaimed tiles be used on the building.
It was proposed by Councillor P W High, seconded by Councillor Mrs P Bevan Jones
and
RESOLVED unanimously
That this application be approved subject to minor repositioning if
possible and the use of reclaimed tiles.
(201) SHERINGHAM - 20081367 - Removal of conditions 7 and 8 of 20070288 to
delete requirement for additional section of footpath; land at 1 Robertson
Close for Sheringham Development Co Ltd
The Committee considered item 6 of the officers’ reports.
Public Speaker
Mr McGinn (Sheringham Town Council)
It was proposed by Councillor B Cabbell Manners, seconded by Councillor T H
Moore and
RESOLVED by 8 votes to 0 with 1 abstention
That this application be approved.
(202) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 7 of the officers’ reports.
(203) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 8 of the officers’ reports.
(204) NEW APPEALS
The Committee noted item 9 of the officers’ reports.
Development Control Committee (West)
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4 December 2008
(205) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 10 of the officers’ reports.
(206) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 11 of the officers’ reports.
(207) APPEAL DECISIONS
The Committee noted item 12 of the officers’ reports.
(208) 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.
(209) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 13 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.
3.
That the Head of Planning and Building Control be authorised to
determine the undetermined planning application associated with cases
01/049/DEV6/99/007,
01/049/DEV6/99/008
and
01/049/DEV6/02/002
subject to restrictions on the range of goods to be sold from the
premises.
The meeting closed at 12.35 pm.
Development Control Committee (West)
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4 December 2008