11 SEPTEMBER 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) B Cabbell Manners Mrs A R Green P W High S C Mears T H Moore J H Perry-Warnes J D Savory Mrs A C Sweeney Mrs C M Wilkins - substitute for Mrs P Bevan Jones Mrs L M Brettle - Glaven Valley Ward B J Hannah - Sheringham North Ward Mrs H T Nelson - Sheringham South Ward Officers Mr A Mitchell - Development Control Manager (West) Mr J Chinnery - Locum Solicitor Mr G Linder - Senior Planning Officer (West) Mr G Lyon - Senior Planning Officer (West) (125) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS An apology for absence was received from Councillor Mrs P Bevan Jones. One substitute Member attended the meeting as shown above. (126) MINUTES The Minutes of a meeting of the Committee held on 14 August 2008 were approved as a correct record and signed by the Chairman. (127) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which he wished to bring before the Committee. (128) DECLARATIONS OF INTEREST Councillor J D Savory declared an interest, the details of which are given under the minute of the item concerned. 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. Development Control Committee (West) 1 11 September 2008 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. (129) BEESTON REGIS - 20081157 - Erection of replacement one-and-a-half-storey dwelling; Bramble Cottage Sheringwood for Mr A Bignold The Committee considered item 1 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 request for a site inspection and concerns with regard to the protection of trees and potential light pollution from first floor windows. The Senior Planning Officer reported that the applicant had agreed to remove the doors and balcony from the first floor but wished to retain the triangular window which was of concern to the Parish Council. The amendments would overcome the concerns of the neighbour regarding overlooking. Plans were still awaited in respect of proposed amendments including details of parking provision.. The Senior Planning Officer requested delegated authority to approve this application subject to the receipt of a satisfactory amended plan deleting the first floor doors and balcony in the east elevation and a plan indicating the parking arrangements and subject to the imposition of appropriate conditions. Councillor Mrs A C Sweeney, the local Member, considered that the proposal was overdevelopment and expressed a preference for a bungalow. She was concerned at the removal of trees and lack of screening for the adjacent dwelling. She requested a site inspection. Councillor Mrs C M Wilkins considered that this application was contrary to policy in respect of the increased size of the dwelling and there was a presumption against demolition. The Senior Planning Officer explained that the Core Strategy policy was more permissive than Local Plan Policy 64 in terms of size. Councillor B Cabbell Manners stated that the proposed house would be more energy efficient than a bungalow and result in the loss of fewer trees. It was proposed by Councillor Mrs A C Sweeney, seconded by Councillor S C Mears 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. Development Control Committee (West) 2 11 September 2008 (130) BINHAM - 20081110 - Variation of condition 8 of planning permission 20060688 to allow two pieces of plant to be stored on the wash-down facility at any time; Manor Farm Field Dalling Road for Tracked Dumper Hire UK Councillor J D Savory declared a personal, non-prejudicial interest in this application as he did business with the applicant’s father. The Committee considered item 2 of the officers’ reports. Public Speakers Mrs Case (Binham Parish Council) also speaking in respect of Minute 130. Mrs Alford (objecting) Mr Sture (supporting) The Senior Planning Officer stated that application 20081111 below had implications for this application and he recommended deferral of this application until the following application had been considered. RESOLVED That consideration of this application consideration of application 20081111 below. be deferred pending Following consideration of application 20081111 (see Minute 131 below) it was proposed by Councillor J D Savory, seconded by Councillor T H Moore and RESOLVED That consideration of this application be deferred pending final determination of application 20081111. (131) BINHAM - 20081111 - Use of land for storage of no more than ten items of tracked dumper hire plant; Manor Farm Field Dalling Road for Tracked Dumper Hire UK Councillor J D Savory declared a personal, non-prejudicial interest in this application as he did business with the applicant’s father. The Committee considered item 3 of the officers’ reports. Public Speakers Mrs Alford (objecting) Mr Sture (supporting) The Senior Planning Officer reported that this application sought temporary permission for five years. He stated that in accordance with legal advice the definition of ‘low level’ usage was defined in the Certificate of Lawfulness as a maximum of six vehicles, plant etc. The Planning Authority was aware that there had been consistent breaches of the terms of the Certificate. Details of vehicle movements associated with the proposal had not yet been supplied as requested by the Highway Authority. The Senior Planning Officer recommended deferral of this application to await the response of the Highway Authority in respect of the traffic figures to be submitted. Development Control Committee (West) 3 11 September 2008 Councillor J D Savory, the local Member, stated that he would abstain from voting because he had a personal interest in this application. He stated that Binham was a working village but this was a large scale operation in a Conservation Area. The applicant employed a number of local people and the Committee needed to balance the needs of the applicant against any potential detriment to the Conservation Area and amenity of the village. He had concerns that the business had the potential to grow even further. He stated that it was extremely important to place adequate conditions on any permission and to use enforcement powers where necessary. He proposed deferral of this application which was seconded. Councillor B Cabbell Manners stated that he supported farm diversification. However, he considered that this business had outgrown the site and would be more appropriately located on an industrial site. As an amendment he proposed refusal of this application. Councillor Mrs C M Wilkins seconded the amendment and asked if any assistance had been given to relocate the business. The Senior Planning Officer stated that the Company’s vehicle base was approximately 80 units. Most of these vehicles would be on hire but it was understood they would return to the site for cleaning and repair. He had advised the applicant’s planning agent to encourage the business to relocate as it was considered to be getting too large for the site but it was not possible to force the applicant to do so. He suggested that it would be better to defer this application to await the comments of the Highway Authority, which may help the Council defend its position at appeal if Committee were minded to refuse the application. Councillor Mrs C M Wilkins withdrew her seconding of the amendment. Councillor Mrs A R Green seconded the amendment. On the advice of the Development Control Manager and with the support of his seconder, Councillor B Cabbell Manners amended his amendment to delegated refusal subject to support for refusal from the Highway Authority in respect of vehicle movements and on grounds of adverse impact on the Conservation Area and overdevelopment. The amendment was put to the vote and declared carried by 7 votes to 1 with 1 abstention, and on being put as the substantive motion it was RESOLVED by 7 votes to 1 with 1 abstention That the Head of Planning and Building Control be authorised to refuse this application subject to support for refusal from the Highway Authority in respect of vehicle movements, and on grounds of adverse impact on the Conservation Area and overdevelopment. Development Control Committee (West) 4 11 September 2008 (132) BLAKENEY - 20080839 - Erection of four detached dwellings; land at South View 59 New Road for Mr M H Scargill The Committee considered item 4 of the officers’ reports. Public Speakers Mrs Bertelli (objecting) Mr Scargill (supporting) The Senior Planning Officer reported that a letter had been received from the applicant’s agent confirming that his client would be happy to accept a single-storey dwelling on plot 1 and no attic windows in east-facing habitable rooms on plot 2. The Development Control Manager stated that additional conditions would be imposed to cover the above issues and to require the driveway to be hard surfaced. Councillor Mrs L M Brettle, the local Member, stated that the latest amendments overcame her concerns. It was proposed by Councillor B Cabbell Manners, duly seconded and RESOLVED by 9 votes to 0 with 1 abstention That this application be approved in accordance with the recommendation of the Head of Planning and Building Control, subject to additional conditions to require the dwelling on plot 1 to be singlestorey only, no first floor windows facing east on plot 2 and the driveway to be hard surfaced. (133) BLAKENEY - 20080946 - Erection of two-storey dwelling; land at The Habit Back Lane for Mr R Daley The Committee considered item 5 of the officers’ reports. Public Speakers Mr Garland (objecting) Mr Daley (supporting) The Senior Planning Officer reported that an amended plan had been received to indicate levels across the site and the relationship with the adjacent dwellings. A balcony on the east elevation had been removed. He stated that access had formed part of the outline permission granted in 2005 under reference 20050917 but this related to a secondary access for vehicles that could not negotiate the archway at the main entrance. A letter had been received from the owner of a nearby property regarding access arrangements. The Conservation, Design and Landscape Manager had no objection to the amended plans. The Senior Planning Officer requested delegated authority to approve this application subject to no new grounds of objection following readvertisement and reconsultation on the amended plan and subject to the imposition of appropriate conditions. Councillor Mrs L M Brettle, the local Member, stated that she had been contacted in respect of this application. She had concerns regarding the access. She considered that the height of the proposed dwelling was intrusive and that a more sympathetic design could be achieved. Development Control Committee (West) 5 11 September 2008 In response to comments by the objecting spokesperson the Development Control Manager drew attention to the fifth paragraph of the appraisal concerning consideration of the application in respect of the Conservation Area. Councillor Mrs C M Wilkins considered that the design was incongruous with the surrounding building. She proposed refusal of this application on grounds that the dwelling would not preserve or enhance the Conservation Area and was contrary to the Council’s Design Guide. This was seconded by Councillor Mrs A C Sweeney. Councillor J A Wyatt considered that the proposal would be acceptable if the ridge height were lowered. The Senior Planning Officer advised the Committee that it would be difficult to reduce the height by much as the dwelling was already cut into the ground and ceiling heights were at the minimum allowed. It might be possible to reduce the pitch of the roof by 5 degrees. As an amendment it was proposed by Councillor J A Wyatt, duly seconded That consideration of this application be deferred for negotiations in respect of the height of the dwelling. On being put to the vote, the amendment was declared carried by 6 votes to 4 and on being put as the substantive proposition it was RESOLVED accordingly. (134) BRISTON - 20081048 - Erection of three two-storey dwellings; land at Burston Close for Broadland Housing Association The Committee considered item 6 of the officers’ reports. Public Speaker Mr Walker (supporting) The Senior Planning Officer reported that the Parish Council had no objection to this application. The Senior Planning Officer explained that if an application had come forward for the entire development it would have triggered a requirement to provide a Local Area for Play (LAP) for young children. The remaining area in Burston Close would be large enough to accommodate a LAP. There was concern locally that there would be insufficient space for children to play football etc. However, there was no policy basis to refuse the application on this ground as the provision of a LAP would comply with policy. He requested delegated authority to approve this application subject to the provision of a LAP and subject to the imposition of appropriate conditions. Councillor J A Wyatt, the local Member, stated that he had been lobbied by local residents. He was concerned at the proximity of the remaining open space to the road. He stated that he was in favour of the provision of affordable housing but was concerned at the loss of the play area. Councillor B Cabbell Manners suggested that two dwellings could be built on the area closest to the road and leave the remaining land as open space. He considered that the scheme as submitted was unacceptable. Development Control Committee (West) 6 11 September 2008 In response to a question raised by Councillor Cabbell Manners regarding re-siting the proposed dwellings, the Senior Planning Officer advised of the need to ensure play space is capable of being suitably overlooked by surrounding residents. The Development Control Manager explained in detail the criteria for open space requirements. Councillor S C Mears considered that although the remaining area would meet the size criteria for a LAP, the shape of the land would limit its usefulness. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs C M Wilkins and RESOLVED by 8 votes to 0 with 1 abstention That consideration of this application be deferred for negotiations in respect of siting, possibly of two units, to seek to achieve a better useable area of open space. (135) HOLT - 20080943 - Erection of detached three storey dwelling; land rear of 58 Grove Lane for Mr and Mrs D Foreman The Committee considered item 7 of the officers’ reports. The Senior Planning Officer reported that an amended plan had been received to show a close boarded fence on the eastern boundary. The Chairman reported that Councillor M J M Baker, a local Member, had no objection to this application. Councillor P W High, a local Member, stated that the neighbour to the east had withdrawn his objection as a fence would be erected on the boundary. It was proposed by Councillor P W High, seconded by Councillor S C Mears and RESOLVED by 8 votes to 1 That this application be approved subject to the imposition of appropriate conditions. (136) HOLT - 20081006 - Erection of detached single-storey dwelling; land adjacent 21 Pearsons Close for Mr P Doy The Committee considered item 8 of the officers’ reports. The Senior Planning Officer reported that the Building Control Manager had requested that a drainage survey be undertaken. The Highway Authority had raised concerns in respect of the access. The Senior Planning Officer recommended refusal of this application on highway safety grounds. The Chairman reported that Councillor M J M Baker, a local Member, had no objection to this application provided that drainage was connected to Pearson’s Close. Development Control Committee (West) 7 11 September 2008 Councillor P W High, also a local Member, supported the Councillor Baker’s views regarding drainage. He had reservations regarding the highway issues. It was proposed by Councillor Mrs C M Wilkins, seconded by Councillor J A Wyatt and RESOLVED by 7 votes to 0 with 2 abstentions That this application be refused on highway safety grounds. (137) LANGHAM - 20080987 - Erection of single-storey dwelling; land adjacent Rowan Cottage Hollow Lane for Isis Builders Limited The Committee considered item 9 of the officers’ reports. Public Speakers Mr Hope (Langham Parish Council) Mr Allen (objecting) Mr Higgins (supporting) Councillor J D Savory, the local Member, stated that the main issue was the relationship of the proposed dwelling with Rowan Cottage. He was concerned that there could be some overshadowing as the site was at a higher level. He referred to the narrow width of the road. He requested that the roadside hedge be reinstated in the event of approval. He proposed a site inspection which was seconded by Councillor Mrs C M Wilkins. Councillor B Cabbell Manners considered that the proposed dwelling would not improve the street scene. He supported the Parish Council’s views. He proposed refusal of this application which was not seconded. RESOLVED unanimously 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. (138) SALTHOUSE - 20081153 - Erection of two-storey dwelling; 15 Sandy Hill Estate Bard Hill for Mr and Mrs N Macknespiey The Committee considered item 10 of the officers’ reports. Councillor H C Cordeaux, the local Member, considered that the highway issue had been resolved and there was no reason to refuse this application. It was proposed by Councillor B Cabbell Manners, duly seconded and RESOLVED That this application be approved subject to the imposition of appropriate conditions. Development Control Committee (West) 8 11 September 2008 (139) SHERINGHAM - 20080836 - Demolition of bungalow and erection of three, oneand-a-half-storey dwellings; 18 Hadley Road for Mr K Welch The Committee considered item 11 of the officers’ reports. Public Speaker Mr Ivins (supporting) The Senior Planning Officer advised the Committee that if it were minded to approve this application it should be subject to an amended design, the principle of which had been agreed by the applicant. However, he recommended that this application be refused on the grounds stated in the report. The Committee was informed that Councillor B J Hannah, Member for Sheringham North, had had to leave the meeting prior to consideration of this application but had left his comments in support of this application. He had referred to the width of the unmade road, the fact that residents tended to access Hadley Road from the Common Lane direction and stated that views were obstructed by overhanging vegetation which the Highway Authority could require to be cut back. The Committee was informed that Councillor Mrs H T Nelson, a local Member, had also had to leave the meeting. She considered that there were no highway problems and understood that the applicant was willing to negotiate further on design. She had requested that the Committee give delegated authority to approve this application. Councillor S C Mears considered that the road network was better than in some areas and proposed approval of this application. This was seconded by Councillor P W High. The Development Control Manager requested delegated authority to approve this application subject to negotiations in respect of design and subject to the Highway Authority confirming that it did not have a strong objection to this application. He stated that if the Highway Authority’s objection was strong the application would need to be referred to a combined Committee meeting. The Senior Planning Officer considered the design of the dwellings to be unacceptable but asked Members for their views and whether they considered further amendments to be necessary. The proposer and seconder considered that the proposed design was acceptable. RESOLVED by 7 votes to 1 with 1 abstention That the Head of Planning and Building Control be authorised to approve this application subject to the Highway Authority confirming that it does not have a strong objection to this application and subject to the imposition of appropriate conditions. Development Control Committee (West) 9 11 September 2008 (140) STODY - 20081064 - Conversion of agricultural buildings to offices (amended proposal); Stody Hall Farm Brinton Road for Stody Estate Limited Councillor J A Wyatt declared a personal interest in this application as he knew Mr Morrissey (the builder) quite well. Councillor T H Moore declared a personal interest in this application as he knew the builder and had spoken to him. The Committee considered item 12 of the officers’ reports. Public Speakers Mr Chesterman (objecting) Mrs McNicol (supporting) The Senior Planning Officer read to the Committee the points raised in a letter that had been received from the Vice-Chairman of Stody Parish Council, in respect of concerns raised by Stody representatives on the Parish Council. He reported the points raised in two further letters of objection that had been received in respect of this application. The Chairman stated that the applicants had spoken to him and he had received several letters of objection. He stated that he had a completely open mind on this application and had brought the application to Committee because of the number of objections. Councillor Mrs L M Brettle, the local Member, stated that she had spoken to Mr Rawlinson, Mrs McNicol and the Chairman of the Parish Council. She considered that this application should be approved. Councillor J H Perry-Warnes stated that he had spoken to Mrs McNicol and her manager, Mr Haddow. It was proposed by Councillor J A Wyatt, seconded by Councillor J H Perry-Warnes and RESOLVED That this application be approved subject to appropriate conditions including a condition requiring submission and approval of the precise details of the timber columns prior to installation. (141) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 13 of the officers’ reports. (142) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 14 of the officers’ reports. (143) NEW APPEALS The Committee noted item 15 of the officers’ reports. Development Control Committee (West) 10 11 September 2008 (144) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 16 of the officers’ reports. (145) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 17 of the officers’ reports. (146) APPEAL DECISIONS The Committee noted item 18 of the officers’ reports. Members referred to the successful outcome of the appeal in respect of the refusal of applications by Tesco Stores Limited at Sheringham. The Committee thanked the officers, and in particular the Planning Legal and Enforcement Manager, for their hard work in this matter. Councillor Mrs C M Wilkins thanked the Development Control Committee (West) and the combined Committees for refusing these applications. Councillor S C Mears considered that it was a shame that the television reports had not mentioned the efforts of the officers and the amount of work, time and money that had been spent in defending the appeals. The Committee concurred with this view. The meeting closed at 12.45 pm. Development Control Committee (West) 11 11 September 2008