9 OCTOBER 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
T H Moore
J H Perry-Warnes
J D Savory
Mrs A C Sweeney
S J Partridge - substitute for S C Mears
Mrs L M Brettle - Glaven Valley Ward
B J Hannah - Sheringham North Ward
Mrs G M D Lisher - Lancaster South Ward
Mrs H T Nelson - Sheringham South Ward
Miss C P Sheridan - observer
Officers
Mr S Blatch - Strategic Director (Community Services)
Mr S Oxenham - Head of Planning and Building Control
Mr A Mitchell - Development Control Manager (West)
Mr R Howe - Planning Legal and Enforcement Manager
Mr S Hems - Environmental Health Manager
Mr G Linder - Senior Planning Officer (West)
Mr G Lyon - Senior Planning Officer (West)
Miss K Witton - Landscape Officer
Mr M Rayner - Highway Engineer (Major Developments) - NCC
(147) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
An apology for absence was received from Councillor S C Mears. One substitute
Member attended the meeting as shown above.
(148) MINUTES
The Minutes of a meeting of the Committee held on 11 September 2008 were
approved as a correct record and signed by the Chairman.
(149) 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 a Tree Preservation Order at Cley, which
would be taken under private business. The reason for urgency was because of the
need for a decision prior to a Court hearing on 27 October.
Development Control Committee (West)
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9 October 2008
(150) DECLARATIONS OF INTEREST
Councillor B Cabbell Manners declared an interest, the details of which are given
under the minute of the item concerned.
(151) FAKENHAM – Tree Preservation Order (Fakenham) 2008 35, 37, 39 and 41
Sculthorpe Road, Fakenham
The Committee considered item 1 of the officers’ reports in respect of a Tree
Preservation Order at the above site.
Public Speaker
Mr Burns (objecting)
It was proposed by Councillor B Cabbell Manners, duly seconded and
RESOLVED
That consideration of this matter be deferred to allow a site inspection
by the Committee and that the local Members and Town Mayor be
invited to attend.
(152) 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 a planning
application which had been deferred at a previous meeting pending confirmation from
the Highway Authority regarding the strength of its highway objection.
Public Speakers
Mr Booth (Sheringham Town Council)
Mr Ivins (supporting)
The Senior Planning Officer reported the views of Councillor Mrs J P Moss, a local
Member, who supported the application subject to resolution of design issues.
Councillor B J Hannah, Member for Sheringham North Ward, considered that the
only issue was the difficult access from Hadley Road onto Common Lane. He
suggested that it would be beneficial to restrict access onto Common Lane.
The Head of Planning and Building Control considered that there was merit in this
suggestion and requested delegated authority to approve this application subject to
negotiating restrictions on egress from Hadley Road. He stated that if the Committee
were minded to approve this application as it stood it would be necessary to refer the
application to a combined meeting.
Councillor Mrs H T Nelson, a local Member, considered that there was little problem
with access onto The Rise from Hadley Road. She questioned why development had
been allowed on Knowle Road and Knowle Crescent which exited onto an equally
difficult junction and considered that it would be unfair to refuse this application. She
considered that the combined Committee should visit the site. She considered that it
would be beneficial if the owner of the overhanging hedge could be required to cut it
back.
Development Control Committee (West)
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9 October 2008
The Highway Engineer (Major Developments) confirmed that the Highway Authority
had powers to require hedges to be cut back. However, he was not sure that cutting
back the hedge would result in significant improvements in this case.
It was proposed by Councillor B Cabbell Manners, duly seconded and
RESOLVED unanimously
That consideration of this application be deferred to negotiate a oneway scheme to prevent egress by vehicles from Hadley Road onto
Common Lane.
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.
(153) BEESTON REGIS - 20081157 - Erection of replacement one-and-a-half-storey
dwelling; Bramble Cottage Sheringwood for Mr A Bignold
The Committee considered item 3 of the officers’ reports.
Public Speaker
Mrs Slee (objecting)
The Senior Planning Officer reported that he had received a telephone call on behalf
of the Parish Council reiterating its concerns regarding light pollution, the need for
adequate parking on the site and potential effect on trees. He reported that a letter
had been received from a neighbour who was concerned about the impact of light
pollution from the windows. He requested delegated authority to approve this
application subject to satisfactory resolution of on-site parking provision and subject
to the imposition of appropriate conditions.
Councillor Mrs A C Sweeney, the local Member, stated that Sheringwood was a
beautiful area which should be protected from urban sprawl. She considered that a
bungalow would be more appropriate. She requested that the windows on the
eastern elevation be removed. She stated that there were concerns regarding
asbestos which had to be dealt with carefully.
Councillor B Cabbell Manners considered that this application would be acceptable
subject to the removal of the six lower windows on the eastern elevation.
Development Control Committee (West)
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9 October 2008
It was proposed by Councillor B Cabbell Manners, seconded by Councillor S J
Partridge and
RESOLVED by 7 votes to 0 with 3 abstentions
That the Head of Planning and Building Control be authorised to
approve this application subject to the deletion of the six lower windows
on the eastern elevation, satisfactory resolution of on-site parking
provision and subject to the imposition of appropriate conditions.
(154) BRISTON - 20081048 - Erection of three two-storey dwellings; land at Burston
Close for Broadland Housing Association
The Committee considered item 4 of the officers’ reports.
Public Speaker
Mr Walker (supporting)
The Senior Planning Officer reported that the applicant was unwilling to amend the
position of the dwellings but had offered to provide a Local Area for Play (LAP) which
accorded with the Council’s requirements. Details of the LAP were to be confirmed.
The objector had expressed a preference for the original position but would still have
preferred to see no development on this site. He requested delegated authority to
approve this application subject to the receipt of satisfactory details of the Local Area
for Play and subject to the imposition of appropriate conditions.
Councillor J A Wyatt, the local Member, supported the proposal subject to the
provision of play equipment.
RESOLVED
That the Head of Planning and Building Control be authorised to
approve this application subject to the receipt of satisfactory details of
the Local Area for Play and subject to the imposition of appropriate
conditions.
(155) BRISTON - 20081177 - Erection of single-storey dwelling and detached garage;
Westview House 36 Church Street for Miss R Grand
The Committee considered item 5 of the officers’ reports.
Public Speaker
Miss Grand (supporting)
The Senior Planning Officer reported that two letters of support had been received
from local residents. One letter of support had been received from solicitors acting
on behalf of the applicant stating that there were insufficient grounds to refuse this
application, the impact on the neighbour would be minimal and precedents had been
set to support this case.
The Senior Planning Officer stated that this application was finely balanced but he
recommended refusal as set out in the report.
Development Control Committee (West)
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9 October 2008
Councillor J A Wyatt, the local Member, considered that this application was
acceptable subject to no vehicular access being allowed onto Gloucester Place. He
considered that the proposed hard surfacing of the drive would reduce the amount of
noise disturbance.
The Head of Planning and Building Control stated that there was an existing
vehicular access onto Gloucester Place and requested delegated authority to
approve this application subject to negotiations to close the access.
RESOLVED by 9 votes to 0 with 1 abstention
That the Head of Planning and Building Control be authorised to
approve this application subject to negotiations to close the vehicular
access onto Gloucester Place and subject to the imposition of
appropriate conditions.
(156) FAKENHAM - 20080810 - Construction of short stay facilities for gypsies and
travellers; land south of A148 Holt Road for North Norfolk District Council
Councillor B Cabbell Manners declared a personal interest in this application as
planning permission had recently been given for short stay facilities for gypsies and
travellers on land in his ownership in Cromer.
The Committee considered item 6 of the officers’ reports.
Public Speakers
Mr Townsin (Kettlestone Parish Council)
Mr Callaby and Mr Curtis (objecting)
Mr Combe, Miss Sheridan and Mr Scales (supporting)
The Development Control Manager reported that a total of six letters of objection had
been received.
One letter had raised additional concerns regarding the
appropriateness of the site and impact on farming practices if the field access were
closed. However, the objector had been assured that the agricultural access would
not be closed.
The Development Control Manager requested delegated authority to approve this
application as set out in the report.
The Highway Engineer (Major Developments) stated that the proposed means of
access to the site accorded with current national design standards and was suitable
for a road such as the A148. The detailed design drawings would be subject to a
safety audit and any problems would need to be addressed.
Councillor Mrs G M Lisher, a local Member, stated that unauthorised encampments
involved many agencies and cost money to deal with. This situation could not
continue and she considered that this application was the best way of resolving the
issue.
In answer to a question the officers explained that the positioning of the barrier as
proposed would prevent unauthorised parking on the roadway and would ensure that
the site remained available for use when needed.
Development Control Committee (West)
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9 October 2008
Councillor T H Moore stated that there had been problems in the past with travellers
in Walsingham when 50-60 vehicles could arrive at a time as part of a pilgrimage. He
stated that the site would not help in this case. He was also concerned regarding the
financing of the site and was disappointed that the District Council was not
purchasing it.
The Environmental Health Manager explained that the Walsingham pilgrimage was a
unique event and was dealt with by a multi-agency approach. It was not possible to
provide a site that would cope with such a high number of travellers.
Councillor Mrs A R Green considered that vehicles should only turn left out of the site
and that a 50 mph speed limit should be enforced between the roundabout and
Alethorpe Cottages.
Councillor J A Wyatt considered that a 50 mph limit should be imposed from the
roundabout to the Kettlestone junction.
The Highway Engineer (Major Developments) stated that he could investigate the
possibility of a 50 mph restriction but he was unsure if the criteria would be met.
Councillor B Cabbell Manners proposed delegated approval as recommended by the
officers, which was seconded by Councillor Mrs P Bevan Jones. He did not support
the imposition of a speed restriction.
As an amendment, Councillor J A Wyatt proposed delegated approval as
recommended by the officers, subject to investigations into the possibility of a 50 mph
speed limit and left turn only from the site. This was seconded by Councillor T H
Moore.
The Highway Engineer (Major Developments) stated that the suggested left turn only
would be impossible to police and Councillors Wyatt and Moore agreed to delete this
suggestion from their amendment.
The amendment was put to the vote, carried by 8 votes to 0 with 2 abstentions. On
being put as the substantive motion, it was
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to no new grounds of objection
following the expiry of the reconsultation and readvertisement period on
the amended plan, inclusion of the suggested rumble strip, further
consideration of movement-sensitive lighting, investigations into the
possibility of a 50 mph speed limit, and subject to the imposition of
appropriate conditions to include details of the proposed access
barriers to the footpath/cycleway and a maximum stay period of three
months.
(157) FAKENHAM - 20081239 - Erection of two dwellings and extension of restaurant
to provide toilets; 14 Holt Road for Minara Enterprises
The Committee considered item 7 of the officers’ reports.
Public Speaker
Mr Hobden (supporting)
Development Control Committee (West)
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9 October 2008
The Senior Planning Officer reported that the comments of the Conservation, Design
and Landscape Manager were awaited. The Highway Authority had concerns
regarding emergency access and access for construction traffic. These concerns
were matters upon which it would be necessary to consult the Building Control
Manager. Environmental Health had no objection subject to conditions.
The Senior Planning Officer requested delegated authority to approve this application
subject to satisfactory resolution of Building Control issues, no objection from the
Conservation, Design and Landscape Manager and subject to the imposition of
appropriate conditions.
It was proposed by Councillor T H Moore, seconded by Councillor Mrs A R Green
and
RESOLVED
That consideration of this application be deferred to allow a site
inspection by the Committee and that the local Member and Chairman of
the Parish Council be invited to attend.
(158) LANGHAM - 20080987 - Erection of single-storey dwelling; land adjacent
Rowan Cottage Hollow Lane for Isis Builders Limited
All Members had received a letter from the applicant.
The Committee considered item 8 of the officers’ reports.
The Senior Planning Officer reported that a letter and amended plan had been
received from the applicant’s agent. The agent had stated that historical maps had
shown that the land had never formed part of the curtilage of Rowan Cottage. It had
been suggested that the impact on Rowan Cottage could be reduced by lowering the
site levels and provision of a flint wall on the boundary. The Senior Planning Officer
recommended approval as set out in the report subject to additional conditions in
respect of a reduction in site levels and provision of a flint wall.
Councillor J D Savory, a local Member, stated that he had received a telephone call
from the owners of Rowan Cottage when the application was first submitted. He
noted their concerns. However, he considered that their privacy and the setting of
Rowan Cottage would not be affected if the boundary treatment were improved. He
supported the provision of a flint wall. He considered that the proposed dwelling
accorded with the Langham Village Design Statement.
Councillor P W High was concerned that the proposal would reduce the amount of
light to the neighbour’s conservatory and suggested that the proposed building be
moved further back on the site. He was also concerned at the height of the wall.
Councillor J A Wyatt suggested that the building be moved back one metre.
The Senior Planning Officer stated that if the building were moved further back the
basic amenity criteria for rear gardens would not be met. The applicant was willing to
offer whatever boundary treatment would satisfy the owners of Rowan Cottage.
It was proposed by Councillor T H Moore, duly seconded and
Development Control Committee (West)
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9 October 2008
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to moving the dwelling back by one
metre, further negotiations in respect of the height of the boundary wall
and subject to the imposition of appropriate conditions.
(159) SHERINGHAM - 20081257 - Alterations (including front bay window) and
change of use from D1 (osteopath) A3 (tea-room) to A3 (tea-rooms) with bed
and breakfast accommodation above; 44c and 44d Station Road for Mr and Mrs
Moss
Mrs Moss, one of the applicants, was a serving Member of the Council and therefore
known to the Committee.
The Committee considered item 9 of the officers’ reports.
Public Speaker
Mr Booth (Sheringham Town Council)
The Senior Planning Officer reported that the Highway Authority had requested
confirmation regarding traffic movements from additional staff on the site. However,
he considered that it was unreasonable to request additional parking for staff given
the site’s location within the town centre. The applicant had confirmed that three
spaces would be provided for the bed and breakfast rooms.
The Senior Planning Officer recommended approval subject to the imposition of
appropriate conditions.
Councillor Mrs H T Nelson, Member for Sheringham South Ward, stated that there
was ample parking available and considered that there would be no problems. She
referred to the Town Council’s concerns regarding the bed and breakfast rooms and
requested that a restriction be placed on their use.
It was proposed by Councillor Mrs P Bevan Jones, seconded by Councillor B Cabbell
Manners and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include restriction of the use of the first floor
above 44C Station Road to bed and breakfast only.
(160) STODY - 20071823 - Continued use of part of dwelling as one unit of holiday
accommodation; 1 Green Farm Barn The Green Hunworth for Mrs P A
Hoskison
The Committee considered item 10 of the officers’ reports.
Public Speaker
Mr Spruce (supporting)
The Senior Planning Officer reported that the views of the Highway Authority were
awaited. He recommended either deferral to await the views of the Highway
Authority or delegated approval subject to no objection from the Highway Authority.
Development Control Committee (West)
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9 October 2008
The Planning Legal and Enforcement Manager explained that if the application were
refused the applicant could possibly apply for a Certificate of Lawful Use to regularise
the use of the units. In that case it would not be possible to impose conditions.
Planning permission would enable conditions to be imposed.
Councillor Mrs L M Brettle, the local Member, stated that the buildings had been in
use as holiday units for ten years but it did not mean it was right. She stated that she
would leave the Committee to decide on this application.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor S J
Partridge and
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to no objections from the Highway
Authority and subject to the imposition of appropriate conditions.
The Planning Legal and Enforcement Manager stated that in his opinion there were
no Human Rights issues that would prevent approval of this application.
(161) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 11 of the officers’ reports.
(162) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 12 of the officers’ reports.
(163) NEW APPEALS
The Committee noted item 13 of the officers’ reports.
(164) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 14 of the officers’ reports.
(165) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 15 of the officers’ reports.
(166) APPEAL DECISIONS
The Committee noted item 16 of the officers’ reports.
(167) 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 7 of Part I of Schedule 12A
(as amended) to the Act.”
Development Control Committee (West)
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9 October 2008
(168) CLEY-NEXT-THE-SEA - Tree Preservation Order - 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.
The Planning Legal and Enforcement Manager outlined the damage that had been
caused to sycamore trees that were protected by a Tree Preservation Order. He
reported that the defendant and her gardener had been interviewed under caution.
Prosecution had been commenced and adjourned to 27 October 2008 at the request
of the defendant to enable her to obtain an arboricultural report. The Planning Legal
and Enforcement Manager outlined the contents of the report, which suggested that
the trees were affected by honey fungus.
The Planning Legal and Enforcement Manager stated that there were two possible
courses of action; either to continue with prosecution or issue a formal caution to be
signed by the defendant. It had been indicated that the defendant would request trial
in the Crown Court if the prosecution were continued. In the event of a formal
caution being signed by the defendant the prosecution would be withdrawn. The
Planning Legal and Enforcement Manager explained the implications of both courses
of action. He recommended that a formal caution be issued for signature by the
defendant, followed by a report to Committee under public business.
Councillor B Cabbell Manners expressed doubt that all five trees would have been
affected by honey fungus at the same time and considered that the Council should
obtain an expert report of its own. He considered that the prosecution should
continue if the report did not support the findings of the defendant’s report.
The Planning Legal and Enforcement Manager stated that the Council had its own inhouse expert and the author of the defendant’s report was reputable. He stated that
the author’s primary duty in this case was to the Court, and not to the defendant.
RESOLVED unanimously
That a formal caution be issued for signature by the defendant, to be
followed by a report to this Committee.
The meeting closed at 12.45 pm.
Development Control Committee (West)
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9 October 2008