10 DECEMBER 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) P W High S C Mears J H Perry-Warnes J D Savory Mrs A C Sweeney Mrs J Trett M J M Baker - substitute for B Cabbell Manners (for Minutes (148) - (158) only) Mrs H T Nelson - Cabinet Member for Tourism and Member for Sheringham South Ward Mrs P Bevan Jones - Sheringham North Ward B J Hannah - Sheringham North Ward Development Control Committee (East) Members for Minute (147) Miss P E Ford Mrs B McGoun S J Partridge Mrs M Seward B Smith Mrs L Walker P J Willcox Officers Mr S Oxenham - Head of Planning and Building Control Mr G Lyon - Acting Development Control Manager (West) Mr R Howe - Planning Legal and Enforcement Manager Mrs E Smith - Solicitor (Standards & Governance) Mr G Linder - Senior Planning Officer (West) Miss J Medler - Senior Planning Officer (West) (143) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors B Cabbell Manners and Mrs C M Wilkins (East) There was one substitute Member in attendance as shown above. (144) MINUTES The Minutes of a meeting of the Committee held on 12 November 2009 were approved as a correct record and signed by the Chairman. (145) 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 applications 20090777 and 20090818 at Sheringham. The reason for urgency was to enable site inspections to be undertaken by Members of Development Control Committee (East) in advance of these applications being considered under the new Combined Committee arrangements. This matter was considered under item 5 of the officers’ reports (minute 148). Development Control Committee (West) 1 10 December 2009 (146) DECLARATIONS OF INTEREST Councillors H C Cordeaux, P W High, J H Perry-Warnes and S J Partridge declared interests, the details of which are given under the minute of the item concerned. Councillor M J M Baker attended the combined part of the meeting as a member of the public in view of his interest in minute (147). APPLICATION CONSIDERED BY THE COMBINED COMMITTEE Councillor S J Partridge, Vice-Chairman of Development Control Committee (East), chaired the meeting during consideration of this item. (147) HOLT - PF/05/0518 - Change of Use of Land to Car and Coach Park, Formation of Access and Erection of Toilets (Lighting and Drainage Details Plus Off-Site Highways Works to Valley Lane); Land Adjacent to Holt Road, Thornage for Mr G F Chapman Councillor H C Cordeaux declared a personal, non-prejudicial interest in this application as he knew the applicant. Councillor J H Perry-Warnes declared a personal, non-prejudicial interest in this application as he knew and had met with the applicant. Councillor P W High declared a personal, non-prejudicial interest in this application as he knew and had met with the applicant. Councillor S J Partridge declared a personal, non-prejudicial interest in this application he had been lobbied by objectors and supporters in his former role as Leader of the Council. Councillor S C Mears declared a personal, non-prejudicial interest in this application as he had met with an objector some time ago. Councillor Mrs L Walker stated that she had received correspondence both objecting to and supporting this application. Councillor M J M Baker stated that he was attending the meeting as a member of the public for this item. The Planning Legal and Enforcement Manager explained that Councillor Baker had attended previous meetings as a local Member and had declared an interest in view of his involvement with a Company trading in the town. Following representations by a local objector Councillor Baker had been advised in respect of his interests and it had been agreed that he would remain in the room as a member of the public and take no part in the meeting during consideration of this matter. The Combined Committee considered item 1 of the officers’ reports in respect of a planning application for the change of use of land to car park and coach park and associated development. Public Speakers Mr Bruce-Lockhart (Holt Town Council) Dr Jolliffe (objecting) Mr Hill (supporting) Mr Lintott (supporting) Mr Mitchell (supporting) Development Control Committee (West) 2 10 December 2009 The Senior Planning Officer reported the further comments of the Council for the Protection of Rural England in respect of impact on the Glaven Valley Conservation Area and the setting of the town and highway issues. He read in full a letter from Mr Stevenson, a local resident, regarding need for the car park, viability, timing of the application in respect of the Local Development Framework process, highway issues and the consultation process. A further letter had been received from the Highway Authority reiterating that the pedestrian crossing was considered to be adequate for the purpose. The Senior Planning Officer recommended refusal of this application as set out in the report. He stated that if Members were minded to approve this application it would be necessary to refer the matter to the Government Office prior to approval. Councillor P W High, a local Member, referred to the length of time the car park issue had been under consideration and considered that the car park should be developed and in use as soon as possible. He proposed approval of this application. Councillor Mrs L Walker considered that the benefits of the proposal outweighed the biodiversity issues. She referred to the environmental impact of vehicles being driven around the town in search of a parking space. She requested that conditions be imposed to ensure that the lighting did not impact on the environment and that the land should be returned to agriculture if the car park ceased to operate. Councillor H C Cordeaux referred to the difficulty in parking in the town. He considered that the impact of vehicles parked along Letheringsett Hill, Cley Road and Kelling Road was worse than if they were parked in the proposed car park. He considered there were other advantages in respect of pedestrian access to Spout Hills and as a dropping off point for the primary school. Councillor J H Perry-Warnes considered that the advantages of the proposal outweighed the disadvantages. He considered that tree planting was necessary and could eventually screen the car park and improve the landscape. He seconded the proposal. Councillor Mrs B McGoun considered that people were put off shopping in Holt as there was no confidence in being able to park. Councillor S C Mears considered that the current situation where cars were parked all along the roads was damaging. He expressed concern that the narrowness of the northern boundary and proximity to the railway cutting could encourage fly tipping into the cutting. He considered that there should be more protection for that part of the Glaven Valley. Councillor J A Wyatt suggested that congestion could be improved if the Highway Authority improved the road markings at the roundabout to indicate the left turn from the Holt direction. In answer to Members’ questions the Senior Planning Officer explained the proposals in respect of lighting, surface treatment and opening hours. Councillor P J Willcox expressed concern that only five coach parking spaces were provided. He requested that coaches be routed left out of the car park to avoid using the narrow roads towards East Dereham. Development Control Committee (West) 3 10 December 2009 The Head of Planning and Building Control advised that it was not reasonable to restrict coaches turning towards East Dereham because of the status of this route. In any case, if a left hand turn only restriction were introduced coaches could turn at the roundabout to use the route. He suggested that the applicants be asked to discourage coach drivers from using this route. Councillor Mrs H T Nelson, Portfolio Holder for Tourism, considered that Holt deserved a car park and fully supported this application. The Planning Legal and Enforcement Manager advised the Committee in respect of its duty to take into account development plan policies when determining planning applications. He stated that the Committee could also take into account other material considerations. He considered that the Committee had weighed the issues relating to the proposal and struck a balance which satisfied the legal test. It was proposed by Councillor P W High, seconded by Councillor J H Perry-Warnes and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to the Government Office confirming that the application will not be called in for determination by the Secretary of State and subject to the imposition of appropriate conditions. Reason: The Committee has given careful consideration to the visual impact, biodiversity, Conservation Area and landscape issues and considers that the benefits of the proposed development to the town outweigh these issues. In particular, the benefits of the car park will enhance the vitality and viability of the town of Holt and the construction of the car park will help alleviate the amount of inappropriate parking on entrance roads into and around the town. (148) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION At the suggestion of the Head of Planning and Building Control this item was considered by the Combined Committee Councillor M J M Baker joined the meeting as substitute for Councillor B Cabbell Manners. The Committee considered item 5 of the officers’ reports. RESOLVED That a site inspection be arranged in respect of the following applications for both Development Control Committees and that the local Member and Chairman of the Parish Council be invited to attend: SUSTEAD – PF/09/0974 – Erection of Agricultural Storage Building; Farm Buildings Adjacent Manor House, New Road, Bessingham for Mr I Clark Development Control Committee (West) 4 10 December 2009 SUSTEAD – PF/09/1008 – Extension and Alterations to Agricultural Building; Farm Buildings Adjacent Manor House, New Road, Bessingham for Mr I Clark The Head of Planning and Building Control reported that it would not be possible to consider the Sheringham supermarket applications under the current Committee arrangements. These applications would instead be considered in the New Year under the trial Combined Committee arrangements. Development Control Committee (West) had recently visited both sites and arrangements would now need to be made for Members of Development Control Committee (East) to do so. He suggested that the site visits take place on 7 January 2010. RESOLVED That a site inspection be arranged in respect of the following applications for Members of Development Control Committee (East) and that the local Members and Town Mayor be invited to attend: SHERINGHAM – 20090818 - Demolish all buildings except Nos. 7, 9 and 11 Cromer Road and Erection of A1 (Retail Supermarket), 5 Class A1/A3 Retail Units, 2 Flats and a Class D1/D2 Community Space with Associated Access, Landscaping, Car Parking and Servicing Arrangements SHERINGHAM – 20090777 – Erection of A1 (retail supermarket) and D1 (Norfolk Food Academy) with associated kitchen garden, parking, landscaping and infrastructure; Sheringham Town Allotments, land south of A149 Weybourne Road for Greenhouse Community Projects The Combined Committee noted that Development Control Committee (East) had resolved that the Combined Committee visit the following site. 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 ITEMS CONSIDERED BY DEVELOPMENT CONTROL COMMITTEE (WEST) Councillor H C Cordeaux chaired the remainder of the meeting. 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. Development Control Committee (West) 5 10 December 2009 (149) BEESTON REGIS - PF/09/1022 - Erection of Single-Storey Dwelling with Cellar Beneath; Land adjacent Heath Barn, Britons Lane, Beeston Regis for Mr T Field The Committee considered item 2 of the officers’ reports. Public Speakers Mr Beckley (Beeston Regis Parish Council) Mr Field (supporting) The Senior Planning Officer reported that the Conservation, Design and Landscape Manager (Landscape) objected to this application on grounds related to the impact of the proposed dwelling on the Area of Outstanding Natural Beauty. She recommended refusal of this application on the grounds stated in the report. It was proposed by Councillor Mrs A C Sweeney, seconded by Councillor J A Wyatt and RESOLVED unanimously That consideration of this application be deferred to allow an inspection of the site by the Combined Committee and that the local Member and Chairman of the Parish Council be invited to attend. (150) BRISTON - PF/09/1071 - Formation of Revised Parking Area and Access Road; Plots 73-77 Jewel Close, Briston, Melton Constable, NR24 2SH for Lomax Homes Limited The Committee considered item 3 of the officers’ reports. Public Speakers Mr Cox (objecting) Mr Lomax (supporting) The Senior Planning Officer stated that the site notice would expire on the day following this meeting. Six letters from local residents, three emails from residents of Melton Constable and a petition signed by a number of residents had been received objecting to this application. He outlined the concerns raised in this correspondence. The Parish Council had objected to this application on grounds of loss of amenity space. The Conservation, Design and Landscape Manager (Landscape) had raised no objection subject to mitigation for the loss of amenity space and protection of the hedge on the northern boundary during construction. The Senior Planning Officer requested delegated authority to approve this application subject to no new planning grounds of objection being received following expiry of the site notice and subject to the imposition of appropriate conditions. Councillor J A Wyatt, the local Member, stated that the access onto Bridge Close was difficult. He considered that this proposal would have an impact on the amenities of residents living opposite the proposed access. He questioned the need for the proposed access as there was already an available access. Councillor S C Mears suggested realigning the proposed access to improve visibility. Development Control Committee (West) 6 10 December 2009 Councillor M J M Baker expressed concern that the Committee was being asked to make a decision on this application before the public consultation period had expired. He considered that this was undemocratic and the Committee was being pushed to meet targets. The Planning Legal and Enforcement Manager explained that the planning system was performance driven and target orientated. He referred to this Council’s success in attracting grant money for planning delivery. He stated that it was not unusual for the Committee to be asked to take decisions on this basis. It was proposed by Councillor J A Wyatt, seconded by Councillor Mrs J Trett and RESOLVED unanimously That this application be refused on grounds that the proposal would have a detrimental impact on the residential amenity of neighbouring dwellings. (151) SHERINGHAM - PF/09/0861 - Erection of Single-Storey Dwelling; 18, Hadley Road, Sheringham for Mr Welch The Committee considered item 4 of the officers’ reports. Public Speaker Mrs Welch (supporting) The Senior Planning Officer reported that a discussion had taken place with the applicant and Landscape Officer with regard to the impact on the trees on the southern boundary and lack of consideration of the effect on those trees. The proposal would require an Arboricultural Implications Assessment and if the trees would be affected by the works a method statement would be required. An email had been received from the applicant offering reassurance regarding the trees. The Senior Planning Officer reported that an email had been received from Councillor Mrs J P Moss, a local Member, in support of this application subject to further work in respect of design. Councillor Mrs Moss had referred to the alternative access onto The Rise and requested that a proportionate view was taken of the traffic impact. The Senior Planning Officer stated that the design was considered to be acceptable. She referred to the Landscape Officer’s comments and the highway concerns referred in the appeal decision. Councillor B J Hannah considered that the proposal was a high quality, contemporary design which conformed to Policy EN4. He considered that the proposed dwelling was not excessive and would not have a detrimental impact on the neighbours. He stated that the exit onto Common Lane was not used, with traffic using the alternative exit onto The Rise. He considered that visibility onto The Rise would be improved by cutting back the vegetation at the junction and requested that the Highway Authority exercise its powers to require the owner to do so. He stated that the increase in traffic would be minimal as a result of one additional dwelling. Development Control Committee (West) 7 10 December 2009 Councillor Mrs H T Nelson, a local Member, referred to the road network in Sheringham and considered that refusal of this application would mean that no development could take place in the town. She agreed that there was a need for tree protection. She considered that a good modern design was better than a pastiche design. She requested that the Committee approve the application. Councillor M J M Baker considered that a condition should be imposed to require the turntable to be installed and operational prior to occupation of the dwelling. In response to a question regarding the previous appeal decision, the Planning Legal and Enforcement Manager stated that in his view it would be difficult to approve this application as the highway problems referred to by the Inspector remained. The Chairman stated that this application would need to be referred to the Combined Committee if the Committee were minded to approve it. It was proposed by Councillor P W High, seconded by Councillor J H Perry-Warnes and RESOLVED by 7 votes to 0 with 1 abstention That this application be referred to the Combined Committee with a recommendation for approval subject to the imposition of appropriate conditions to include the submission of an Arboricultural Implications Assessment and to require the turntable to be installed and operational prior to the occupation of the new dwelling on grounds that there is no perceived danger to traffic exiting from Hadley Road and the reduction in the number of dwellings significantly reduces the number of additional vehicle movements. (152) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 6 of the officers’ reports. (153) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 7 of the officers’ reports. (154) NEW APPEALS The Committee noted item 8 of the officers’ reports. (156) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 9 of the officers’ reports. (157) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 10 of the officers’ reports. (158) APPEAL DECISIONS The Committee noted item 11 of the officers’ reports. The meeting closed at 12.15 pm. Development Control Committee (West) 8 10 December 2009