19 JUNE 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) Mrs P Bevan Jones 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 J Trett - substitute for J A Wyatt M J M Baker - Holt Ward Mrs L M Brettle - Glaven Valley Ward R Combe - Astley Ward Ms V R Gay - observer Officers Mr S Oxenham - Head of Planning and Building Control Mr J Chinnery - Locum Solicitor Mr P Godwin - Conservation, Design and Landscape Manager Mr G Linder - Senior Planning Officer (West) Mr G Lyon - Senior Planning Officer (West) Mrs C Batchelar - Conservation and Design Officer (58) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS An apology for absence was received from Councillor J A Wyatt. One substitute Member attended the meeting as shown above. (59) APPOINTMENT OF VICE-CHAIRMAN FOR THE MEETING The Chairman stated that he wished to vacate the Chair during consideration of an item on the agenda and proposed that Councillor T H Moore be appointed as ViceChairman for the meeting, which was seconded. RESOLVED That Councillor T H Moore be appointed as Vice-Chairman for the meeting. (60) MINUTES The Minutes of a meeting of the Committee held on 22 May 2008 were approved as a correct record and signed by the Chairman. (61) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which he wished to bring before the Committee. Development Control Committee (West) 1 19 June 2008 (62) DECLARATIONS OF INTEREST Councillors H C Cordeaux and Mrs J Trett declared interests, the details of which are given under the minute of the item concerned. (63) MELTON CONSTABLE CONSERVATION AREA: ADOPTION OF CHARACTER APPRAISAL AND MANAGEMENT PLANS Agreement is sought for the adoption of the Melton Constable Conservation Area Character Appraisal and Management Proposals (June 2008) for statutory planning purposes and as a material consideration in the planning process. The Conservation, Design and Landscape Manager explained that the production of Conservation Area Character Appraisal and Management Plans was a corporate aim for the Council. Their purpose was to define the character of the Conservation Areas, provide a basis for planning decisions and to take a proactive approach to the enhancement of the Conservation Area. The Conservation and Design Officer explained the key issues arising from the Appraisal and the Management Proposals which resulted from it. Councillor R Combe, the local Member, stated that the public meeting had had a galvanising effect on the village and had helped the residents appreciate their assets, decide what they wanted to protect and what to do about it. He thanked the Conservation and Design Officer for her report and commended the report to the Committee. In response to a question the Conservation, Design and Landscape Manager stated that there would need to be dialogue between the Council and local residents and the Parish Council with regard to improvement proposals. Budget bids would be made at the appropriate time to assist with enhancement schemes. Guidelines would need to be drawn up as to acceptable works to private property, for example, front enclosures and doors. Councillor H C Cordeaux was concerned at the amount of on-street parking within the Conservation Area. The Conservation, Design and Landscape Manager stated that the Council would be looking to work with the Highway Authority to improve traffic flow in the village in a way that did not detract from the Conservation Area. Councillor J H Perry-Warnes referred to a proposed development close to the Conservation Area and asked if the Character Appraisal and Management Plan could be used to influence the design of the scheme. The Head of Planning and Building Control stated that once the Plan was adopted it could be used to influence how schemes came forward. The Committee thanked the Conservation and Design Officer for her excellent work. RESOLVED unanimously 1. That ‘Melton Constable Conservation Area: Character Appraisal & Management Proposals’ (June 2008) be formally adopted by the Council for statutory planning purposes and as such be a ‘material consideration’ in the planning process. Development Control Committee (West) 2 19 June 2008 2. That the proposed boundary changes as recommended in the draft Appraisal document be adopted and publicised in accordance with the Planning (Listed Buildings & Conservation Areas) Act 1990. 3. That further reports be brought before the Committee relating to specific proposals contained in the above document, eg introduction of Article 4(2) directions. 4. That Officers prepare improvement programmes in respect of the above as appropriate and seek budgetary provision for their implementation. 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. (64) CLEY-NEXT-THE-SEA - 20080256 - Demolition of summerhouse and erection of replacement detached single-storey residential annexe (retrospective); Umgeni Coast Road for Lady B Rathcavan Councillor H C Cordeaux vacated the Chair to allow him to speak from the floor as local Member. Councillor T H Moore (Vice-Chairman) in the Chair. The Committee considered item 2 of the officer’s report. Public Speakers Mr Parker (objecting) Mrs Spickernell (supporting) Councillor Cordeaux informed the Committee that he had inadvertently stated at the meeting in March 2008 that he had not visited the site except when accompanied by officers. In February 2001 he had been informed that works were being carried out to trees in the applicant’s garden. He had tried to contact the Council’s Countryside Officer but had been unable to do so as it was a Saturday, so he had visited the site without the invitation of the applicant. He had forgotten this incident with the passage of time and because it had been unconnected with the summerhouse. Councillor J H Perry-Warnes stated some time ago he had visited the applicant’s garden at her invitation. Development Control Committee (West) 3 19 June 2008 The Senior Planning Officer summarised the points raised in ten letters of support that had been received in respect of this application. Councillor H C Cordeaux outlined the planning history relating to the summerhouse. He considered that if this application were to be treated as new build the effect on the bungalow to the south should be taken into account. He stated that if the new building would have a seriously detrimental effect on the bungalow this application should be refused. Councillor Mrs P Bevan Jones stated that there were issues she wished to raise under private business. RESOLVED That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 5 of Part I of Schedule 12A (as amended) to the Act. The Officers answered Members’ questions on legal issues relating to this planning application. RESOLVED That the press and public be readmitted to the meeting. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs J Trett and RESOLVED by 8 votes to 0 with 2 abstentions That the Head of Planning and Building Control be authorised (65) 1. To approve this application subject to resolution of issues relating to drainage, guttering and chimneys, the imposition of appropriate conditions and subject to monitoring of the development by the Enforcement Officer. 2. To authorise the Officers to serve Enforcement and Stop Notices if necessary. EDGEFIELD - 20080579 - Erection of one two-storey dwelling and one singlestorey dwelling; Jordans Yard Norwich Road for Cockertons The Committee considered item 3 of the officer’s report. Public Speaker Mr Nicholson (supporting) The Senior Planning Officer reported that the Conservation, Design and Landscape Manager (Landscape) had serious concerns in respect of the impact of the proposal on the character of the Conservation Area, the loss of the hedge, impact on biodiversity and habitat and possible effect of development on the trees to be retained. Development Control Committee (West) 4 19 June 2008 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 the imposition of appropriate conditions. It was proposed by Councillor J H Perry-Warnes, duly seconded 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. (66) FAKENHAM - 20080666 - Erection of 15m high wind turbine; Fakenham High School Field Lane for Fakenham High School and College The Committee considered item 4 of the officer’s report. Public Speaker Mr Plummer (supporting) Councillor H C Cordeaux stated that he had recently visited the school but had not discussed this application. Councillor Mrs A C Sweeney stated that she had visited the school during the past week but had not discussed this application. The Senior Planning Officer reported that Councillor Mrs G M D Lisher, Member for Lancaster South Ward, supported this application subject to no objection from Environmental Health. Councillor S C Mears, a local Member, supported this application. It was proposed by Councillor B Cabbell Manners, duly seconded and RESOLVED That the Head of Planning and Building Control be authorised to approve this application subject to no objections from outstanding consultees, including Environmental Health, and subject to the imposition of appropriate conditions. (67) FIELD DALLING - 20080695 - Demolition of outbuilding; 32 Langham Road for Norfolk Archaeological Trust The Committee considered item 5 of the officer’s report. Public Speaker Mr Smith (Field Dalling Parish Council) The Head of Planning and Building Control informed the Committee that this application related only to the demolition of the outbuilding. He stated that the correct planning process had been followed in respect of the erection of a dwelling on the adjacent land. Development Control Committee (West) 5 19 June 2008 Councillor Mrs L M Brettle, the local Member, stated that she had underestimated the strength of the objections of the Parish Council in respect of the adjacent site and considered that she should not express a view on this application. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs J Trett That this application be approved in accordance with recommendation of the Head of Planning and Building Control. the As an amendment, it was proposed by Councillor Mrs A C Sweeney, seconded by Councillor Mrs P Bevan Jones 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. The amendment was put to the vote and declared lost by 3 votes to 6. The original proposition for approval of this application was put to the vote, with 5 Members voting in favour and 5 against, and RESOLVED on the casting vote of the Chairman. (68) HEMPSTEAD - 20080578 - Erection of a pair of semi-detached two-storey dwellings; 1 Lodge Cottages The Street for Mr and Mrs Fell The Committee considered item 6 of the officer’s report. Public Speaker Mr Cockerton (supporting) It was proposed by Councillor J H Perry-Warnes, seconded by Councillor S C Mears 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. As an amendment, it was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs J Trett That this application be approved in accordance with recommendation of the Head of Planning and Building Control. the On being put to the vote, 5 Members voted in favour of the amendment and 5 against, and it was declared carried on the casting vote of the Chairman. On being put as the substantive proposition it was RESOLVED by 5 votes to 3 with 2 abstentions. Development Control Committee (West) 6 19 June 2008 (69) HINDOLVESTON - 20080752 - Erection of single-storey garden room extension; plot 3, 43 The Street for Mr R Eggleton The Committee considered item 7 of the officer’s report. Public Speaker Mr Eggleton (supporting) Councillor R Combe, the local Member, expressed concern at the impact on the neighbour and the incremental increase in the size of the dwelling. In answer to a question the Senior Planning Officer explained that the applicant owned the hedge between the boundary fence and the neighbour’s fence and the applicant could be requested to maintain the hedge at a certain height. The Head of Planning and Building Control considered that there would be no impact on the neighbour given the single-storey height of the extension. It was proposed by Councillor S C Mears, seconded by Councillor P W High and RESOLVED unanimously That this application be approved. (70) HOLT - 20071747 - Erection of two-storey dwelling; Public Conveniences Church Street for North Norfolk District Council Councillor H C Cordeaux declared a personal interest in this application as he was a member of the Public Conveniences Policy Panel which had made the decision to close the toilets. He stated that he had an open mind on this planning application. Councillor Mrs J Trett declared a personal interest in the application as she was a member of the Council’s Asset Management Board. She stated that she would not take part in the discussion or decision on this matter. The Committee considered item 8 of the officer’s report. Public Speakers Mrs Corbett-Jarvis (Holt Town Council) Mrs Bagnall-Oakeley, Mr Heathfield, Mr Copas (objecting) The Head of Planning and Building Control informed the Committee that the purpose of the meeting was to make a decision on this planning application. The Committee should not discuss whether or not the toilets should be retained, the disposal of assets or alternative schemes. The Committee should consider whether or not the principle and the details of this particular proposal were acceptable. Councillor P W High considered that the planning reasons for refusal that had been put forward by the objectors were valid, and in particular the highway issues. He proposed refusal of this application which was seconded by Councillor J H PerryWarnes. Development Control Committee (West) 7 19 June 2008 Councillor M J M Baker considered that the level of opposition to this application by local democratically appointed bodies and individuals was relevant. Councillor Mrs P Bevan Jones considered that the proposal would overdevelop the site, intrude into the Conservation Area and cause potential highway danger. Councillor B Cabbell Manners considered that the site was unsuitable for a residential dwelling. He stated that there were no other residential dwellings in Church Street. He did not support the demolition of the frontage wall. Councillor J H Perry-Warnes also considered that the site was unsuitable for residential use. He suggested that the site would be more suitable for use in association with the adjacent library. Councillor Mrs A C Sweeney referred to the traffic issues. She considered that the demolition of the wall would be detrimental to the street scene. Councillor High thanked the many members of the public who had attended the meeting and those who had spoken on this application. RESOLVED by 9 votes to 0 with 1 abstention That this application be refused on grounds of unsuitability of the site for residential development, loss of a section of the frontage wall, detrimental impact on the Conservation Area, overdevelopment and highway impact. (71) HOLT - 20080499 - Conversion and extension to provide six units of holiday accommodation; The Tithe Barn Letheringsett Hill for Indigo Touchwood Limited HOLT - 20080552 - Alterations to former barn and outbuilding to form dwellings; The Tithe Barn Letheringsett Hill for Indigo Touchwood Limited The Committee considered items 9 and 10 of the officer’s report. Public Speaker Mr Van Beveren (supporting) The Senior Planning Officer reported that Letheringsett Parish Council and the Building Control Manager had no objection to these applications. The Senior Planning Officer reported that the Highway Authority had objected to these applications on grounds of intensification of use. The applicant had written to the Highway Authority stating that there would be less traffic and the Highway Authority’s further comments were awaited. The Senior Planning Officer requested delegated authority to approve this application subject to no adverse comments from the Highway Authority following reconsultation on this application and subject to the imposition of appropriate conditions. Councillor M J M Baker, a local Member, considered that the highway objection was unsustainable. It was proposed by Councillor P W High, seconded by Councillor T H Moore and Development Control Committee (West) 8 19 June 2008 RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve these applications subject to no objection from the Highway Authority following reconsultation and subject to the imposition of appropriate conditions. (72) RAYNHAM - 20080506 - Erection of fifty-eight dwellings; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited The Committee considered item 11 of the officer’s report. The Senior Planning Officer reported that an email had been received from the Highway Authority confirming that the applicant had demonstrated that the proposals would not create more traffic than the previous use by the RAF. Passing places were required on the HGV route. The Highway Authority had withdrawn its objection subject to the imposition of appropriate conditions. The Senior Planning Officer reported that the applicants had confirmed that the community buildings would be open prior to development, and whilst it was hoped to open the health centre and church at the same time, this would be dependent on the health and church authorities. The Senior Planning Officer requested delegated authority to approve this application subject to no new grounds of objection from outstanding consultees and subject to the imposition of appropriate conditions. Councillor B Cabbell Manners stated that whilst he was in favour of this application he would not support any further development on the site until the infrastructure was improved. He did not consider that it was the right location for an eco-town. The Head of Planning and Building Control stated that any further applications had to be judged on their own merits. Any future applications would be considered under the Core Strategy. The applicant was not proposing any further development at this stage. However, Members’ views could be communicated to him. Councillor Mrs A R Green asked if any tests had been carried out on the water as anti-freeze had been used to wash down the runways. The Head of Planning and Building Control stated that this was not a planning issue but it would be dealt with elsewhere. It was proposed by Councillor Mrs P Bevan Jones, duly seconded and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to no new grounds of objection from outstanding consultees and subject to the imposition of appropriate conditions. Development Control Committee (West) 9 19 June 2008 (73) RAYNHAM - 20080507 - Conversion of hangers to twenty loft style holiday apartments; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited The Committee considered item 12 of the officer’s report. The Senior Planning Officer recommended approval of this application subject to the imposition of appropriate conditions. Councillor B Cabbell Manners expressed concern that this scheme would prevent the buildings being used to provide employment in the future. The Head of Planning and Building Control explained that approval of this application did not prevent alternative schemes being put forward for the use of the hangars. RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions. (74) RYBURGH - 20080619 - Change of use from office/storage to ten residential dwellings, one residential flat and A1 (post office/store); The Granary Station Road Great Ryburgh for Michael McNamara Associates The Committee considered item 13 of the officer’s report. Public Speakers Mr Smith (Ryburgh Parish Council) Mr McNamara (supporting) The Senior Planning Officer reported that a further letter had been received from the applicant in respect of justification for the number of market dwellings on the site. However, it was unclear and insufficient at this stage to answer the Committee’s questions. A letter had been received from the applicant’s agent in respect of window to window distances. The comments of the Planning Policy Manager and Economic and Tourism Development Manager were awaited. The Senior Planning Officer requested delegated authority to refuse this application subject to receiving the comments of the Economic and Tourism Development Manager on the basis of lack of information to justify this application. He stated that the applicant could be invited to resubmit the application if the Committee considered that the scheme could be justified. Councillor Mrs A R Green, the local Member, considered that the scheme would be of benefit. She considered that taking into account the shop and flat above which were being offered by the applicant, in addition to the affordable housing already included in the scheme, the applicant could not be expected to offer any more. She considered that it was a wonderful opportunity to provide a shop and homes in a building which would otherwise become redundant. She proposed approval of this application. Councillor J D Savory considered that the benefits of this scheme outweighed the disadvantages. He seconded the proposal. Development Control Committee (West) 10 19 June 2008 The Head of Planning and Building Control stated that sufficient financial evidence had not been received. He referred to other schemes for which detailed evidence had been required and stated that in this case there was a lack of evidence to justify a recommendation to override policy. Councillor B Cabbell Manners considered that the way forward was to delegate authority to approve this application subject to the receipt of the necessary information. The Head of Planning and Building Control stated that it might be necessary to seek professional advice on the financial information. Councillor Mrs A R Green accepted this suggestion and withdrew her proposal. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs J Trett and RESOLVED unanimously That the Head of Planning and Building Control be authorised to approve this application subject to receipt of satisfactory financial justification, no objections being received from outstanding consultees and subject to the imposition of appropriate conditions. (75) SHERINGHAM - 20080550 - Erection of dwelling and erection of garage and new vehicular access to serve 23 Holt Road; The Studio 23 Holt Road for Mr and Mrs Graham-Cameron The Committee considered item 14 of the officer’s report. Councillor Mrs P Bevan Jones reported that Councillor Mrs H T Nelson, a local Member, had requested a site inspection in view of the neighbours’ objections. It was proposed by Councillor Mrs P Bevan Jones, seconded by Councillor P W High That consideration of this application be deferred to allow a site inspection by the Committee and that the local Members and Town Mayor be invited to attend. As an amendment, it was proposed by Councillor J D Savory, seconded by Councillor Mrs J Trett That this application be approved in accordance with recommendation of the Head of Planning and Building Control. the On being put to the vote, the amendment was declared carried by 6 votes to 3 and on being put as the substantive proposition, RESOLVED by 7 votes to 1 with 1 abstention. (76) UPPER SHERINGHAM - 20080473 - Erection of two-storey linked dwelling and single-storey rear extensions (including to existing dwelling); 3 Blowlands Lane for Mr and Mrs A Smith and Mr I Ash The Committee considered item 15 of the officer’s report. Public Speaker Mr Smith (supporting) Development Control Committee (West) 11 19 June 2008 It was proposed by Councillor Mrs A C Sweeney, seconded by Councillor S C Mears and RESOLVED That this application be approved subject to the imposition of appropriate conditions. (77) UPPER SHERINGHAM - 20080492 - Erection of detached two-storey dwelling; land at The Green The Street for John Ashton's Children's Settlement The Committee considered item 16 of the officer’s report. The Locum Solicitor advised the Committee that it had to decide whether the application was acceptable in principle and consider the link between this application and the public house. Councillor Mrs A C Sweeney, the local Member, informed the Committee that the Parish Council was unhappy about this application and considered that the Section 106 Agreement should stand. She suggested deferral of this application. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs P Bevan Jones and RESOLVED by 9 votes to 0 with 1 abstention That this application be refused as the redevelopment of part of the former public house is unacceptable in the absence of a Section 106 Agreement to prevent occupation of the dwelling until a contract for Usher’s Barn has been let. (78) WELLS-NEXT-THE-SEA - 20080467 - Alterations to barn and removal of condition 2 of planning permission 20021709 to enable full residential occupancy; The Merchant House 48 High Street for Ms S Keynejad WELLS-NEXT-THE-SEA - 20080468 - Alterations to barn and dwelling to facilitate use as two separate dwellings; The Merchant House 48 High Street for Ms S Keynejad The Committee considered items 17 and 18 of the officer’s report. Public Speaker Mr Williams (supporting) It was proposed by Councillor Mrs J Trett, seconded by Councillor J D Savory and RESOLVED That consideration of this application be deferred to allow a site inspection by the Committee and that the local Members and Chairman of the Town Council be invited to attend. Development Control Committee (West) 12 19 June 2008 (79) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 19 of the officer’s report. (80) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 20 of the officer’s report. (81) NEW APPEALS The Committee noted item 21 of the officer’s report. (82) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 22 of the officer’s report. (83) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 23 of the officer’s report. (84) APPEAL DECISIONS The Committee noted item 24 of the officer’s report. The meeting closed at 1.35 pm. Development Control Committee (West) 13 19 June 2008