6 NOVEMBER 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
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 - substitute for J D Savory
N P Ripley - substitute for B Cabbell Manners
Mrs J Trett - Priory Ward
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)
Mr S Case - Landscape Officer
(169) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors B Cabbell Manners and J D
Savory. Two substitute Members attended the meeting as shown above.
(170) MINUTES
The Minutes of a meeting of the Committee held on 9 October 2008 were approved
as a correct record and signed by the Chairman.
(171) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which he wished to
bring before the Committee.
(172) DECLARATIONS OF INTEREST
No interests were declared.
(173) CLEY-NEXT-THE-SEA – Contravention of Tree Preservation Order TPO664;
Umgeni
The Committee noted item 1 of the officers’ reports which gave details of the
outcome of a prosecution for contravention of a Tree Preservation Order. This had
resulted in the defendant, Lady Rathcavan, signing a formal written caution admitting
to the offence of wilfully damaging by fire a tree protected by a Tree Preservation
Order.
Development Control Committee (West)
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6 November 2008
The Chairman thanked the officers for their work in this matter. The Landscape
Officer thanked the Planning Legal and Enforcement Manager and the Legal
Services Team for their assistance.
In answer to a question the Landscape Officer explained that there were various
strains of honey fungus, all of which could kill poorly trees. It had not been possible
to determine the strain which had affected the damaged sycamore given the time
constraints in this case. Honey fungus was prevalent on the site. Other trees on the
site had succumbed to the fungus and it had been necessary to allow those trees to
be felled. However, given the prominence of the damaged sycamore in the
landscape the defendant would be required to replace the tree with another suitable
specimen. Young healthy trees tended to be resistant to honey fungus and some
species were immune.
(174) FAKENHAM – Tree Preservation Order (Fakenham) 2008 35, 37, 39 and 41
Sculthorpe Road, Fakenham
The Committee considered a supplementary report in respect of a Tree Preservation
Order at the above site.
Public Speaker
Mr Burns (objecting)
The Landscape Officer stated that the service of a Tree Preservation Order did not
prevent development but allowed the Local Planning Authority to insist on mitigation
to protect the landscape.
In response to concerns raised by the objector and Members regarding the condition
of the sycamores numbered T2 and T8, the Landscape Officer stated that they were
young trees and with good management they had the potential to grow into
spectacular specimens. The lime trees were significant as a group but needed work.
It was proposed by Councillor Mrs P Bevan Jones, seconded by Councillor Mrs A C
Sweeney and
RESOLVED by 4 votes to 1 with 4 abstentions
That Tree Preservation Order (Fakenham) 2008 No.6 at 35, 37, 39 and 41
Sculthorpe Road, Fakenham be confirmed with a modification to remove
tree T1 from the Order.
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.
Development Control Committee (West)
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6 November 2008
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.
(175) BLAKENEY - 20080946 - Erection of two-storey dwelling; land at The Habit
Back Lane for Mr R Daley
The Committee considered item 2 of the officer’s reports.
Public Speakers
Mrs Carratu (objecting)
Mr Daley (supporting)
The Senior Planning Officer reported that the Parish Council had no objection or
comment in respect of the latest amendment. He outlined the points raised in two
further letters of objection that had been received from local residents. A letter had
been received from the owners of The Habit in support of this application.
The Senior Planning Officer reported that the Conservation, Design and Landscape
Manager considered that the overall reduction of 850mm overcame his earlier
concerns regarding the height and massing of the dwelling and its impact on the
neighbour. The proposal was now acceptable in Conservation and Design terms.
The Senior Planning Officer recommended approval subject to the imposition of
appropriate conditions to include the removal of permitted development rights for
additions and extensions.
The Landscape Officer explained that the beech tree was an overgrown hedge tree
which would eventually have an adverse impact on the protected lime trees. Its
removal would be permitted in order to protect the lime trees. It was not considered
necessary to insist on replanting as the limes were the main feature and any
additional planting would lessen their impact.
Councillor J A Wyatt considered that the applicant had done everything that had
been asked of him in amending the proposal. He proposed approval of this
application which was seconded by Councillor N P Ripley.
The Head of Planning and Building Control referred to the possible presence of bats
and owls on the site which had been raised by an objector. He requested delegated
authority to approve this application subject to consultation with the Landscape
Officer in respect of this matter and subject to any conditions which may be
necessary.
Councillor Mrs P Bevan Jones asked if it was possible to delay the building of the
garage block to allow the beech tree to be retained for a while to soften the impact of
the new building on the objectors.
The Landscape Officer explained that he had no objection to the removal of the
beech tree and whilst he understood the screening issue it would involve the
applicant in additional expense if the garage block were developed at a later date.
Development Control Committee (West)
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6 November 2008
It was proposed by Councillor J A Wyatt, seconded by Councillor N P Ripley and
RESOLVED by 8 votes to 0 with 1 abstention
That the Head of Planning and Building Control be authorised to
approve this application subject to consultation with the Landscape
Officer with regard to the possible presence of bats and owls and
subject to the imposition of appropriate conditions to include the
removal of permitted development rights and any conditions required
by the Landscape Officer.
(176) EDGEFIELD - 20081041 - Erection of two semi-detached two-storey dwellings;
land rear of 8 Rectory Road for Mr M Neale
The Committee considered item 3 of the officer’s reports.
Public Speakers
Mr Cubbon (objecting)
Mr Bonham (supporting)
The Landscape Officer stated that investigations had commenced into the removal of
trees from the site, which was in a Conservation Area, with a view to possible
prosecution.
Councillor J H Perry-Warnes, the local Member, considered that the proposed
development would result in overlooking of neighbouring properties, drainage
problems and have an impact on the delivery of affordable housing on another site
identified as a possible exception site.
It was proposed by Councillor J H Perry-Warnes, seconded by Councillor S C Mears
and
RESOLVED unanimously
That this application be refused in accordance with the recommendation
of the Head of Planning and Building Control.
(177) EDGEFIELD - 20081042 - Erection of four detached dwellings; land rear of
Belmont House Sands Loke for Mr M Neale
The Committee considered item 4 of the officer’s reports.
Public Speakers
Mr Stewart (objecting)
Mr Bonham (supporting)
Councillor J H Perry-Warnes, the local Member, considered that the junction of
Sands Loke with Norwich Road was dangerous.
The Head of Planning and Building Control recommended additional reasons for
refusal relating to noise and disturbance to the occupiers of neighbouring dwellings.
Development Control Committee (West)
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6 November 2008
It was proposed by Councillor J H Perry-Warnes, seconded by Councillor J A Wyatt
and
RESOLVED by 9 votes to 1
That this application be refused in accordance with the recommendation
of the Head of Planning and Building Control and on additional grounds
relating to noise and disturbance to the occupiers of neighbouring
dwellings.
(178) FAKENHAM - 20081239 - Erection of two dwellings and extension of restaurant
to provide toilets; 14 Holt Road for Minara Enterprises
The Committee considered item 5 of the officer’s reports.
The Acting Development Control Manager reported that the Conservation, Design
and Landscape Manager considered that the proposal would have no adverse impact
on the setting of the Listed Building. However, he had concerns regarding materials
and had suggested brick or flint instead of render. The Community Safety Manager
had no objection. The Building Control Manager was satisfied in terms of emergency
access. Access during construction was an issue for the applicant.
The Acting Development Control Manager recommended approval of this application
subject to the imposition of appropriate conditions.
The Acting Development Control Manager reported that Councillor Mrs G M D Lisher,
a local Member, had serious reservations regarding parking, access, possible
change of use of the adjacent DIY store and the suitability of two dwellings on a small
site in a Conservation Area. She had requested more information regarding design
to ensure that the proposal was sympathetic to the character of the area.
Councillor S C Mears stated that one of the entrances to the site was opposite the
school entrance and if cars were parked it would cause problems for people
accessing the school at busy times. He was concerned that the proposal would
make the alley very dark and dangerous. He questioned whether the proposal would
be overdevelopment given the size of the site.
Councillor T H Moore considered that the issues were typical of town centre sites and
he considered that the proposal was acceptable.
Councillor Mrs P Bevan Jones requested a condition to require a reactive light to be
installed.
The Acting Development Control Manager suggested that a lighting scheme be
requested.
It was proposed by Councillor T H Moore, duly seconded and
RESOLVED by 8 votes to 1 with 1 abstention
That this application be approved subject to the imposition of
appropriate conditions to include materials and the submission of a
lighting scheme.
Development Control Committee (West)
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6 November 2008
(179) HIGH KELLING - 20081357 - Erection of two-storey dwelling; 60 Pineheath
Road for Mr S R Telfer-Smith
Councillor H C Cordeaux vacated the Chair to allow him to speak from the floor as
local Member.
Councillor J A Wyatt (Vice-Chairman) in the Chair.
The Committee considered item 6 of the officer’s reports.
The Acting Development Control Manager reported that the Landscape Officer had
no objection in terms of impact on the Area of Outstanding Natural Beauty. He had
requested an arboricultural implications assessment and conditions to require
mitigation for loss of trees in the event of approval.
Councillor H C Cordeaux, the local Member, proposed that this application be
refused as the development is contrary to the Core Strategy. This was not
seconded.
It was proposed by Councillor P W High, seconded by Councillor N P Ripley and
RESOLVED by 7 votes to 2 with 1 abstention
That the Head of Planning and Building Control be authorised to
approve this application subject to no objections being received from
outstanding consultees on expiry of the site notice and subject to the
imposition of appropriate conditions.
(180) 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 7 of the officer’s reports.
Public Speaker
Mr Mason (supporting)
Councillor Mrs A R Green outlined the views of Councillor Miss D A Wakefield, the
local Member, in support of this application on compassionate grounds. This
application also had the support of Normal Lamb MP. Councillor Mrs Green agreed
with the local Member’s comments. She stated that the applicants had lived in the
area for a long time and Mr Mason would be retiring but would continue to work for
Raynham Estates as and when required. She suggested a possible Section 106
Agreement to allow the applicants to live in the property. She stated that there was a
large number of holiday properties in the area, many of which were under-used and
considered that the proposal would not have a significant impact on tourism. She
considered that there would be less traffic if it were a permanent residence.
The Planning Legal and Enforcement Manager referred to the Human Rights issues
and confirmed that the assessment given in the report was correct in his view. He
reminded the Committee that the dwelling was a holiday home and stated that there
was a very strong policy recommendation for refusal of this application. The
application had been submitted on the basis of special circumstances. If this
application were approved it could result in many more similar cases. He stated that
if the Committee were minded to approve this application it would be necessary to
refer the matter to a Combined Committee meeting.
Development Control Committee (West)
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6 November 2008
Councillor N P Ripley proposed that the application be referred to a Combined
meeting of the Development Control Committees with a recommendation for
approval as the property was the only dwelling owned by the applicants and refusal
would put more strain on already over-burdened social housing.
Councillor P W High considered that personal circumstances were very important
and expressed sympathy for the applicants. He considered that this was a case
where personal circumstances should be taken into account.
The Head of Planning and Building Control stated that approval would set a very
dangerous precedent and strongly recommended refusal of this application. He
reminded the Committee that the issue to consider was the use of the land which, if
approved, would continue long after the need ceased.
Members asked if a Section 106 Agreement could be used to allow the applicants to
remain in the dwelling during their lifetime.
The Head of Planning and Building Control stated that once a Section 106
Agreement was in force it would be difficult to resist a further application to extend it
once residential occupancy had been established. In planning terms the building
was a holiday home. He stated that planning permission to convert the building into
a holiday home had been given only four years previously. There would need to be
strong reasons to justify approval of this application.
The Planning Legal and Enforcement Manager stated that advice from Central
Government was that if the planning issues were finely balanced it would be possible
to take personal circumstances into account.
The Committee had to make a
decision on this application in accordance with policy unless material considerations
suggested otherwise. If this application were referred to the Combined Committee
with a recommendation for approval it had to reflect why the applicants’ personal
circumstances were material considerations which outweighed the policy
considerations.
It was proposed by Councillor N P Ripley, seconded by Councillor Mrs A R Green
and
RESOLVED by 7 votes to 0 with 3 abstentions
That this application be referred to a Combined meeting of the
Development Control Committees with a recommendation for approval
on grounds that the applicants are currently living in tied housing which
they will need to leave when Mr Mason retires and will therefore become
homeless, and Mr Mason is employed in the locality. These reasons are
considered to outweigh the policy considerations in this case.
(181) SHERINGHAM - 20081283 - Erection of single-storey dwelling with
accommodation in roofspace; land at 7 Norfolk Road for F W Smith (Builders)
Ltd
The Committee considered item 8 of the officer’s reports.
The Acting Development Control Manager reported that Councillor Mrs H T Nelson, a
local Member, objected to this application as it was a sensitive area which had
recently lost trees and was threatened with overdevelopment and loss of character.
Development Control Committee (West)
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6 November 2008
He read to the Committee the comments of Councillor Mrs J P Moss, also a local
Member, who objected to this application on grounds relating to the impact on the
form and character of the area, inadequate parking provision and potential impact on
neighbouring dwellings.
It was proposed by Councillor Mrs P Bevan Jones, duly seconded and
RESOLVED unanimously
That this application be refused on grounds of overdevelopment,
adverse impact on the form and character of the area and any further
grounds of refusal put forward by the Highway Authority.
(182) SUSTEAD - 20081174 - Change of use of land to extend scaffolding yard; ACS
Scaffolding The Street for A C S Scaffolding
The Committee considered item 9 of the officer’s reports.
Mr Atkins (supporting)
The Acting Development Control Manager reported that a plan had been received
from the applicant in respect of vehicle parking as requested by the Highway
Authority.
The Highway Authority’s comments on the plan were awaited. He
requested delegated authority to approve this application subject to no objections
from the Highway Authority in respect of the latest plan and subject to the imposition
of appropriate conditions.
The Chairman stated that he had called in this application but having seen the
photographs which had been displayed at the meeting he considered that the
proposal would be an improvement.
Councillor Mrs A C Sweeney, the local Member, supported this application.
It was proposed by Councillor H C Cordeaux, seconded by Councillor S C Mears and
RESOLVED
That the Head of Planning and Building Control be authorised to
approve this application subject to no objections from the Highway
Authority in respect of the latest plan and subject to the imposition of
appropriate conditions.
(183) WELLS-NEXT-THE-SEA - 20081196 - Erection of single-storey dwelling; land at
Sunnyside Jolly Sailors Yard for Mrs S J Warner
The Committee considered item 10 of the officer’s reports.
Public Speaker
Commander Woodroffe (supporting)
Councillor Mrs J Trett, a local Member, referred to a similar application nearby which
had been approved and considered that there was little difference between the two
applications. She considered that the proposal would not be out of character with the
area and could possibly enhance it. She requested a site inspection if the Committee
were minded to refuse this application in accordance with the recommendation.
Development Control Committee (West)
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6 November 2008
It was proposed by Councillor N P Ripley, seconded by Councillor Mrs P Bevan
Jones and unanimously
RESOLVED
That this application be approved subject to the imposition of
appropriate conditions including the removal of permitted development
rights.
Reason: The Committee considers that the proposed dwelling would be
in keeping with the form and character of the surrounding area.
(184) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 11 of the officer’s reports.
(185) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 12 of the officer’s reports.
(186) NEW APPEALS
The Committee noted item 13 of the officer’s reports.
(187) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 14 of the officer’s reports.
(188) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 15 of the officer’s reports.
(189) APPEAL DECISIONS
The Committee noted item 16 of the officer’s reports.
(190) QUARTERLY PERFORMANCE REPORT
The Head of Planning and Building Control presented the quarterly performance
report.
He stated that the high number of deferrals by the Development Control Committees
was having an impact on performance. Development Control Committee (West)
deferred substantially more applications than Development Control Committee
(East). The overall deferral rate was 40%.
The Chairman stated that some applications were deferred to await consultees’
responses. He asked if it would be better to refuse applications where advice from
consultees had not been received.
The Head of Planning and Building Control stated that protracted negotiations often
took place but it would perhaps be better to deal with applications as submitted.
Applicants could then submit revised applications.
Development Control Committee (West)
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6 November 2008
The Head of Planning and Building Control referred to staff changes outlined in the
performance report and added that Miss Jo Medler would be acting as a Senior
Planning Officer whilst the Development Control Manager was working on the
PROBASS project.
The meeting closed at 12.30 pm.
Development Control Committee (West)
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6 November 2008