8 JANUARY 2009
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
T H Moore
J H Perry-Warnes
Mrs A C Sweeney
Mrs J P Moss - substitute for J D Savory
Mrs L M Brettle - Glaven Valley Ward
R Combe - Astley Ward
B J Hannah - Sheringham North Ward
Mrs H T Nelson - Sheringham South Ward
Development Control Committee (East) Members for Minute (214)
Miss P E Ford
Mrs B McGoun
S J Partridge
Miss C P Sheridan
B Smith
Miss L Walker
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)
Miss J Medler - Senior Planning Officer (West)
Mrs P Wake - Senior Planning Officer (Policy)
Mr S Case - Landscape Officer
(210) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors Mrs S Arnold (East), M J M
Baker (East), S C Mears and J D Savory. There was one substitute Member in
attendance.
(211) MINUTES
The Minutes of a meeting of the Committee held on 4 December 2008 were
approved as a correct record and signed by the Chairman.
(212) ITEMS OF URGENT BUSINESS
The Chairman stated that there was one item of urgent business which he wished to
bring before the Committee, relating to the possible service of a replanting notice at
Umgeni, Cley-next-the-Sea. The reason for urgency was to meet the current planting
season requirements.
Development Control Committee (West)
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8 January 2009
(213) DECLARATIONS OF INTEREST
No interests were declared.
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.
(214) 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 1 of the officers’ report in respect of an application
for planning permission for development contrary to the advice of Norfolk County
Council Highways.
Councillor Mrs C M Wilkins stated that all Members had received correspondence in
respect of this application.
Public Speakers
Mr McGinn (Sheringham Town Council)
Mrs Welch (supporting)
Councillor Mrs H T Nelson, a local Member, supported the Town Council’s views in
favour of this application.
She considered that the Highway Authority was
inconsistent as it had not objected to applications for large houses on adjacent roads.
She stated that she was not aware of any accidents. She considered that it was a
shame that late objections had been received. She urged the Committee to make a
decision on this application.
Councillor B J Hannah considered that the unmade road was suitable for traffic and,
whilst the Common Lane exit was unsafe, there was an adequate alternative access
onto The Rise. He stated that the junction with Common Lane was not used to exit
Hadley Road. He stated that he lived near the junction and was not aware of any
problems. He asked the Committee to support this application.
Councillor Mrs J P Moss, a local Member, considered that there were no planning
grounds on which to refuse this application. She stated that there were areas where
the traffic was worse. She considered that there were ways to overcome the
problems without much expenditure by the Highway Authority. She considered that if
this application were refused it would be inconsistent with other decisions.
Councillor Mrs P Bevan Jones suggested that ‘concealed entrance’ signs and traffic
calming measures could be used to improve the highway situation. She supported
this application.
Councillor H C Cordeaux referred to letters of objection that had been received in
respect of covenants on the land to restrict building to one dwelling per plot. He
stated that this was a civil matter which in his opinion could be resolved.
The Planning Legal and Enforcement Manager confirmed that the existence of
covenants was a civil matter and should not be taken into account when considering
planning applications.
Development Control Committee (West)
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8 January 2009
Councillor H C Cordeaux considered that three dwellings would overdevelop the site.
He stated that the Highway Authority’s objection was strong and should be taken into
account. He proposed refusal on overdevelopment and highway safety grounds.
This was seconded by Councillor Mrs B McGoun.
Councillor B Cabbell Manners suggested that the Common Lane exit be closed to
traffic or that road humps be used to reduce traffic speeds. He supported the
application subject to these measures being undertaken.
The Planning Legal and Enforcement Manager stated that the junction was not in the
applicant’s ownership. It was used by residents of Hadley Road to access their
properties and its closure could cause problems for the emergency services.
In answer to a question from Councillor S J Partridge the Acting Development
Control Manager stated that the Highway Authority was aware of one accident close
to the Common Lane junction within the past ten years. He offered to obtain further
details but Councillor Partridge did not consider this to be necessary.
On being put to the vote, 8 Members voted in favour of the proposition and 8 against.
The Chairman exercised her vote in favour of the proposition and it was
RESOLVED by 9 votes to 8
That this application be
overdevelopment grounds.
refused
on
highway
safety
and
ITEMS CONSIDERED BY DEVELOPMENT CONTROL COMMITTEE (WEST)
(215) BLAKENEY - 20081400 - Erection of seven dwellings; land adjacent 1 Pyes
Close for Corepost Ltd
The Committee considered item 2 of the officers’ reports.
Public Speaker
Mr Ivins (supporting)
The Senior Planning Officer reported that Environmental Health had no objection in
respect of noise from the garage subject to the imposition of conditions. No further
comments had been received from the Highway Authority.
Councillor Mrs L M Brettle, the local Member, read to the Committee the comments
of the Parish Council’s representative who had had to leave the meeting prior to
consideration of this application. She requested that any future detailed proposals
for the site be considered by the Committee. She asked if the two parts of the site
would be united as they appeared to be separate.
Councillor B Cabbell Manners considered that five dwellings would be appropriate for
this site with one access from The Saltings only. He proposed approval on that
basis, which was seconded by Councillor Mrs P Bevan Jones.
The Senior Planning Officer reminded the Committee that the Highway Authority
would not support more than four dwellings to be accessed from The Saltings. He
stated that the indicative layout based on seven dwellings complied with the basic
amenity criteria in respect of garden size and relationship with neighbouring
properties.
Development Control Committee (West)
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8 January 2009
Councillor B Cabbell Manners withdrew his proposal for approval of this application.
It was proposed by Councillor P W High, seconded by Councillor J A Wyatt
That this application be approved.
On being put to the vote the proposition was declared lost with 4 Members voting in
favour and 6 against.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs A C
Sweeney and
RESOLVED by 6 votes to 3 with 1 abstention
That this application be
overdevelopment grounds.
refused
on
highway
safety
and
(216) FAKENHAM - 20081540 - Change of Use from A1 (retail) to A5 (hot food takeaway); 33 Bridge Street for Mr Aygun
The Committee considered item 3 of the officers’ reports.
Public Speakers
Mr Eren (objecting)
Ms Ozlem (supporting)
The Senior Planning Officer reported that the applicant’s agent had confirmed that
the opening hours would be from 8 am to 11 pm on any day.
The Planning Legal and Enforcement Manager advised the Committee that issues
relating to competition which had been referred to by the speakers were not planning
matters and should not be taken into consideration.
Councillor J A Wyatt considered that the premises should remain as A1 given the
number of takeaway outlets already in Fakenham. He proposed refusal of this
application.
In answer to a question the Development Control Manager stated that the site was
not within the primary retail frontage and the A1 use could not therefore be protected.
He considered that there were insufficient policy grounds on which to refuse this
application.
It was proposed by Councillor P W High, seconded by Councillor B Cabbell Manners
and
RESOLVED by 7 votes to 2
That this application be approved subject to the imposition of
appropriate conditions to include hours of opening from 8 am to 11 pm
on any day, and submission of ventilation/extraction and external
lighting details.
Development Control Committee (West)
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8 January 2009
(217) HOLT - 20081526 - Erection of building to provide serviced holiday
accommodation; land at, Jenis Barn Thornage Road for Mr S Chapman
The Committee considered item 4 of the officers’ reports.
Public Speakers
Dr Shepherd (objecting)
Mr Chapman (supporting)
The Senior Planning Officer reported that a letter had been received from the
applicant to explain that the proposal was for a building with a maximum of five
bedrooms of which a minimum of three would be used for serviced accommodation,
a fourth which would be for serviced accommodation or non-paying guests when it
was not let and the remaining bedroom for the use of the owner. The description on
page 9 of the report was incorrect.
The Senior Planning Officer reported that the Conservation, Design and Landscape
Manager objected to this application on grounds that it would have a detrimental
impact on the landscape setting and would be an unacceptable intrusion into the
countryside. An objection had been received from the Campaign to Protect Rural
England on policy grounds.
The Senior Planning Officer recommended refusal of this application on the grounds
stated in the report and unacceptable intrusion into open countryside to the detriment
of the Glaven Valley Conservation Area.
Councillor M J M Baker, a local Member, had submitted a letter expressing
wholehearted support for this application as it was for a local person who wished to
provide a tourist facility which in his opinion outweighed the policy considerations.
The Acting Development Control Manager referred to a paragraph in the applicant’s
supporting statement contained in Appendix 2 to the report regarding the possible
erection and conversion of a garage on the site. He stated that this was a different
approach from the current proposal, would be in association with Jenis Barn and was
therefore irrelevant to the determination of this application.
Councillor P W High, a local Member, supported this application and agreed with
Councillor Baker’s comments. He referred to the buildings on land adjacent to the
site and considered that this proposal would enhance the area. He proposed
approval of this application.
Councillor J H Perry-Warnes stated that he had previously suggested that an annexe
to Jenis Barn be considered. He agreed that the proposal would enhance the area
but stated that unfortunately the current application had to be refused.
In answer to a question the Senior Planning Officer (Policy) advised the Committee
that luxury hotel/spa facilities would be supported in policy terms in the countryside if
they could not be accommodated elsewhere. However, small scale bed and
breakfast accommodation could be accommodated within existing buildings.
Approval of this application would set a very dangerous precedent as there was no
shortage of bed and breakfast accommodation in the area.
It was proposed by Councillor Mrs P Bevan Jones, seconded by Councillor H C
Cordeaux and
Development Control Committee (West)
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8 January 2009
RESOLVED by 7 votes to 2
That this application be refused in accordance with the recommendation
of the Head of Planning and Building Control and on grounds that this
proposal would result in an unacceptable intrusion into open
countryside to the detriment of the Glaven Valley Conservation Area.
(218) WOOD NORTON - 20081646 - Erection of agricultural building; Hall Farm Barn
Lyng Hall Lane for Mr J Clark
The Committee considered item 5 of the officers’ reports.
Public Speakers
Mr Lidstone-Scott (Wood Norton Parish Council)
Mrs Henderson (objecting)
The Senior Planning Officer reported that four further letters of objection had been
received which reiterated the comments listed in the report and raised additional
issues relating to highway safety, noise, pollution and impact on the neighbouring
dwelling. The Parish Council objected strongly to this application and had
recommended an alternative location for the building. The Parish Council had also
forwarded copies of objection letters it had received. The Conservation, Design and
Landscape Manager had no objections to this application.
The Senior Planning Officer recommended approval of this application subject to
appropriate conditions including details to be submitted and agreed to control the use
of any mechanical ventilation, extraction, refrigeration or air conditioning equipment.
Councillor R Combe, the local Member, supported the views of the Parish Council.
He considered that the proposal would have a severe impact on the neighbour and
that there was an acceptable alternative site available.
Councillor T H Moore suggested a site inspection.
The Planning Legal and Enforcement Manager advised the Committee that there
was a time limit attached to this application as it was a reserved matters application
following prior notification and it was preferable to make a decision at this meeting.
He also advised the Committee that if it were minded to refuse the application it
should be on grounds related to the detrimental impact on the neighbour and not
because of a preference for an alternative site. In answer to a question he stated
that the neighbouring dwelling was not protected as it was not proposed to keep
livestock in the barn. However, if the Committee considered that the relationship of
the building to the dwelling was unacceptable it would, in his opinion, be a defensible
ground for refusal.
It was proposed by Councillor J A Wyatt, seconded by Councillor P W High and
RESOLVED by 8 votes to 0 with 1 abstention
That this application be refused on grounds that the siting of the
proposed building would have a significantly detrimental impact upon
the residential amenities of the neighbouring dwelling to the west by
way of noise and disturbance.
Development Control Committee (West)
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8 January 2009
(219) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 6 of the officers’ reports.
(230) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 7 of the officers’ reports.
(231) NEW APPEALS
The Committee noted item 8 of the officers’ reports.
(232) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 9 of the officers’ reports.
(233) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 10 of the officers’ reports.
(234) APPEAL DECISIONS
The Committee noted item 11 of the officers’ reports.
(235) CLEY-NEXT-THE-SEA - Replanting Notice; Umgeni, Coast Road
The Chairman stated that he had determined that this item be considered as a matter
of urgency pursuant to the powers vested in him by Section 100B(4)(b) of the Local
Government Act 1972.
At its meeting in October 2008 the Committee had authorised the service of a formal
caution on the landowner, Lady Rathcavan, for damaging a protected sycamore tree.
It had subsequently been reported that Lady Rathcavan had accepted and signed the
caution.
The Landscape Officer reported that the damaged sycamore tree was unsound and
he had therefore agreed to its removal subject to the planting of a replacement tree.
He had agreed with the applicant’s arborist that a sycamore with a girth of 12-14 cm
would be appropriate in this location. However, Lady Rathcavan did not wish to
replant a sycamore and had instead requested that the Tree Preservation Order be
transferred to one of the smaller lime trees she had previously planted elsewhere on
the site.
The Landscape Officer considered that a sycamore would be more appropriate, in
keeping with the landscape and likely to be more successful in this location than a
lime tree. He recommended that a replanting notice be served to require a
replacement sycamore to be planted to the specification agreed with the arborist.
Councillor H C Cordeaux, the local Member, stated that most of the sycamore trees
had been lost from this site. He supported the officer’s recommendation.
In answer to a question the Landscape Officer confirmed that the replacement tree
would automatically be protected by the existing Tree Preservation Order.
Development Control Committee (West)
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8 January 2009
It was proposed by Councillor J A Wyatt, seconded by Councillor Mrs P Bevan Jones
and
RESOLVED unanimously
That a replanting notice be served to require the planting of a
replacement sycamore tree at Umgeni, Coast Road, Cley-next-the-Sea.
The meeting closed at 12.35 pm.
Development Control Committee (West)
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8 January 2009