12 NOVEMBER 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 A R Green
P W High
S C Mears
J H Perry-Warnes
J D Savory
Mrs A C Sweeney
Mrs A M Tillett - substitute for B Cabbell Manners
M J M Baker - Holt Ward
Mrs P Bevan Jones - Sheringham North Ward
Officers
Mr G Lyon - Acting Development Control Manager (West)
Mr R Howe - Planning Legal and Enforcement Manager
Mr G Linder - Senior Planning Officer (West)
Miss J Medler - Senior Planning Officer (West)
(125) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors B Cabbell Manners and Mrs J
Trett. There was one substitute Member in attendance as shown above.
(126) MINUTES
The Minutes of a meeting of the Committee held on 15 October 2009 were approved
as a correct record and signed by the Chairman.
(127) 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 legal proceedings in respect of a site at
Langham. The reason for urgency was to update the Committee on recent
developments in this case.
(128) DECLARATIONS OF INTEREST
Councillors H C Cordeaux, Mrs A R Green, P W High and J H Perry-Warnes
declared interests, 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.
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12 November 2009
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) BODHAM - 20090920 - Erection of two-storey dwelling; land off Rectory Road
Lower Bodham for Mr Shrive
Councillor H C Cordeaux declared a personal prejudicial interest in this application as
he knew Mr Shrive. He vacated the Chair and the Council Chamber during
consideration of this application.
Councillors Mrs A R Green and P W High declared a personal interest in this
application as they knew Mr Shrive.
Councillor J H Perry-Warnes declared a personal interest in this application as he
knew Mr Shrive and had spoken to him and his son.
Councillor J A Wyatt (Vice-Chairman) in the Chair.
The Committee considered item 1 of the officers’ reports.
Public Speaker
Mr Shrive (supporting)
Councillor J H Perry-Warnes, the local Member, considered that there was
conclusive evidence that the structure had once been a barn with an attached
dwelling. He referred to cases in the locality where dilapidated buildings had been
restored. He stated that the proposed dwelling was for a local person who was
setting up a business which would create local jobs. He considered that one dwelling
would make little difference to highway safety. He stated that the structure was on
the edge of the village and that the proposal complied with Core Strategy policy. He
proposed approval of this application.
Councillor Mrs A C Sweeney stated that she knew the road and considered that it
was very dangerous. She considered that if the application were approved the
access should be located away from the corner.
Councillor Mrs A R Green seconded the proposal and asked if it would be possible to
incorporate the existing flint walls into the proposal.
The Senior Planning Officer stated that the proposal was not a reuse of an existing
building in the Countryside. The proposal involved the demolition of a ruinous
building and erection of a new building in the Countryside which was totally contrary
to the Core Strategy. He strongly advised the Committee against approval of this
application. He stated that in the cases referred to by the local Member, the
buildings were still in use as dwellings and the proposals had therefore complied with
policy. In this case, if the building had ever been in residential use, such use had
ceased long ago.
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12 November 2009
Councillor S C Mears proposed refusal of this application in accordance with the
officer’s recommendation.
The Planning Legal and Enforcement Manager referred to an appeal against refusal
of permission to convert a ruinous building elsewhere in the District which had been
determined in the Council’s favour. Only buildings of worth could be converted. He
reminded the Committee of its terms of reference and stated that approval of this
application was not a minor departure from planning policy which could be
determined by the Committee. In the opinion of officers there were no sound
planning reasons on which to approve this application.
As an amendment it was proposed by Councillor S C Mears, seconded by Councillor
Mrs A M Tillett
That this application be refused in accordance with the recommendation
of the Head of Planning and Building Control.
On being put to the vote, the amendment was declared carried by 5 votes to 2 with 1
abstention, and on being put as the substantive proposition it was RESOLVED by 6
votes to 2.
(130) FAKENHAM - 20090842 - Erection of front boundary wall, retention of pony
shelter and tree house; 163 Holt Road for Mr Kendle
The Committee considered item 2 of the officers’ reports.
Public Speakers
Mr Bates (objecting)
Mr Kendle (supporting)
The Senior Planning Officer reported the comments of Councillor Mrs G M D Lisher,
a local Member, who had visited the site and also met one of the neighbours. She
had attempted to contact another neighbour but had no response. She had
commented that the pony shelter was not visible from the road, she had detected no
smell or noise from the pony, and the tree house was not visible from the garden of
the dwelling she had been able to visit.
The Chairman stated that he had been lobbied by one of the neighbours.
Councillor S C Mears stated that he had visited the site prior to this meeting. He had
detected no smell and the shelter could not be seen from the road. With regard to
concerns raised by the speaker regarding safety, he considered that this was not an
issue for the Committee. He considered the proposal was acceptable but suggested
a site inspection.
The Planning Legal and Enforcement Manager stated that the welfare of the pony
was not a planning issue. There were no Building Control regulations in respect of
the safety of the tree house.
Councillor Mrs A M Tillett proposed approval of this application, which was seconded
by Councillor Mrs A R Green.
Councillor J A Wyatt questioned the need to keep the pony in the front garden of the
property. He considered that overlooking of the neighbour’s garden from the tree
house was unacceptable. He referred to a recent case in another District which had
resulted in the removal of an unauthorised tree house.
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12 November 2009
The Acting Development Control Manager stated that a temporary approval for a
period of five years was recommended in this case.
Councillor J H Perry-Warnes considered that overlooking could be avoided if the side
facing the neighbour’s garden was properly boarded.
The Chairman asked the applicant if he would be prepared to put boarding on the
tree house as suggested. The applicant confirmed that he would be willing to do so.
RESOLVED by 7 votes to 1
That this application be approved subject to the imposition of
appropriate conditions to include the erection of boarding to the tree
house, a scheme for the disposal of manure and the removal of the tree
house and pony shelter structures after five years.
(131) HOLT - 20090797 - Erection of single-storey extension to sports and social
complex; Holt Playing Fields Association Kelling Road for Holt Town Council
The Committee considered item 3 of the officers’ reports.
The Senior Planning Officer reported that the Highway Authority had no objection to
this application. He recommended refusal of this application on the grounds that the
proposed extension would be inappropriate in design terms by virtue of its length and
continuous ridge height resulting in an overall building of excessive continuous
length, the overall design of which would be contrary to the aims of Policy EN4 of the
adopted North Norfolk Core Strategy.
Councillor M J M Baker, a local Member, stated that the sports facility was an
example of self-help in Holt. There was a great deal of interest in using the facilities
and there was now a need to expand. He explained that it was not possible to create
an L shaped building as preferred by the officers as there was a covenant on the land
which prevented extension of the building further north, and to extend southwards
would encroach onto the playing field. He added that a linear building would be more
practical in terms of internal design and layout and less costly to build. He
considered that the existing hedges would screen the building and could be improved
if necessary. He referred to the health benefits of the proposal. He stated that local
residents, the Town Council and local District Councillors supported this application
and requested that the scheme be allowed to progress.
Councillor P W High, also a local Member, supported Councillor Baker’s comments.
He proposed approval of this application which was seconded by Councillor Mrs A M
Tillett.
Councillor S C Mears suggested that the roof line could be broken up by erecting a
clock tower or similar structure.
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions on grounds that the community benefits
outweigh the visual impact of the building.
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12 November 2009
(132) SHERINGHAM - 20090861 - Erection of single-storey dwelling; 18 Hadley Road
for Mr Welch
The Committee considered item 4 of the officers’ reports.
The Planning Legal and Enforcement Manager reported that an email had been
received from Councillor Mrs P Bevan Jones explaining that the applicant was in
hospital and requesting that under the circumstances this application be deferred
until such time as the applicant could be present. Councillors B J Hannah and Mrs H
T Nelson had also requested deferral of this application as they were unable to
attend the meeting.
RESOLVED
That consideration of this application be deferred.
(133) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 5 of the officers’ reports.
(134) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 6 of the officers’ reports.
(135) NEW APPEALS
The Committee noted item 7 of the officers’ reports.
(136) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 8 of the officers’ reports.
(137) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 9 of the officers’ reports.
(138) APPEAL DECISIONS
The Committee noted item 10 of the officers’ reports.
(139) LANGHAM – 20060770 - Conversion and extension of buildings to provide
hotel and village shop and erection of twenty-three holiday cottages; Former
Glass Factory North Street for Avada Country Homes
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 updated the Committee on this matter
which was subject to a legal challenge by objectors to the application. A hearing was
due to be held in the High Court in December. However, the objectors had now
decided to withdraw on the basis that each party meets its own costs. Whilst
Counsel considered that the Council had a strong case, following further advice from
Counsel the officers had agreed to the case being withdrawn on the basis that it
would meet its own costs up to a maximum of £5,000. The Planning Legal and
Enforcement Manager asked the Committee to note the situation.
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12 November 2009
It was proposed by Councillor J D Savory, seconded by Councillor S C Mears and
RESOLVED unanimously
That the Committee endorses the action of the officers and notes the
situation.
(140) QUARTERLY PERFORMANCE REPORT
The Acting Development Control Manager presented the quarterly performance
report which had been published in the Members’ Bulletin (issue 521 - 21 October
2009). The Committee noted the report.
(141) 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 6 of Part I of Schedule 12A
(as amended) to the Act.
(142) PLANNING ENFORCEMENT SCHEDULE OF CURRENT CASES
The Committee considered item 11 of the officers’ exempt reports updating the
situation previously reported concerning the schedule of outstanding enforcement
cases and unresolved complaints more than three months old as at 30 September
2009.
RESOLVED
1.
That the contents of the report and the annexed Schedules of Current
Enforcement Cases be noted.
2.
That the cases where compliance has been achieved be removed from
the first Schedule.
The meeting closed at 10.55 am.
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12 November 2009