22 MAY 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 S C Mears T H Moore J H Perry-Warnes J D Savory Mrs A C Sweeney Mrs L M Brettle - Glaven Valley Ward R Combe - Astley Ward Mrs H T Nelson - Sheringham South Ward Miss P E Ford - observer Ms V R Gay - observer Officers Mr A Mitchell - Development Control Manager (West) Mr J Chinnery - Locum Solicitor Mr P Godwin - Conservation, Design and Landscape Manager Mr G Linder - Senior Planning Officer (West) Mr A Willard - Norfolk County Council (Highways) (27) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS There were no apologies for absence or substitute Members in attendance. (28) MINUTES The Minutes of a meeting of the Committee held on 24 April 2008 and of a special meeting of the Combined Committees were approved as a correct record and signed by the Chairman. (29) 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 the service of an injunction in respect of land at Bodham. The reason for urgency was to seek the support of the Committee in this matter. (30) DECLARATIONS OF INTEREST Councillors H C Cordeaux and J A Wyatt declared interests, the details of which are given under the minute of the item concerned. Development Control Committee (West) 1 22 May 2008 (31) The Graham Allen Award for Conservation and Design The Committee considered item 1 of the officers’ reports outlining the need to establish a Working Party to act as the judging panel for this year’s Graham Allen Award for Conservation and Design and to agree the proposed dates for the judging and presentation of the awards. The Chairman requested that Members notify their Group Leaders of their interest in serving on the Working Party. RESOLVED 1. That a total of nine Members be nominated to serve on the Graham Allen Award Working Party, to be drawn equally from the two Development Control Committees, one of whom will be elected Chairman. 2. That the judging for the Awards take place on Friday 1 August 2008 with the presentation to take place on Thursday 25 September 2008. 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. (32) BLAKENEY - 20071574 - Installation of underground LPG supply tanks; Blakeney Hotel The Quay for Blakeney Hotel The Committee considered item 2 of the officers’ reports. Public Speaker Mr Taylor (objecting) The Senior Planning Officer reported that an email had been received from the applicant confirming that he was prepared to locate the proposed tanks 18 metres closer to the hotel. An amended plan was awaited. The amended location was considered to be a significant improvement on the original position. Environmental Health had no safety concerns. The amended proposal would have no effect on the Conservation Area. The Senior Planning Officer requested delegated authority to approve this application subject to the receipt of an amended plan. Development Control Committee (West) 2 22 May 2008 Councillor Mrs L M Brettle, the local Member, questioned the need to store such a large volume of LPG. However, she considered that the amended location away from the neighbouring dwelling was a great improvement. It was proposed by Councillor B Cabbell Manners, duly seconded and 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 the receipt of an amended plan in respect of siting and subject to the imposition of appropriate conditions. (33) BRININGHAM - 20080539 - Conversion of redundant barn to one unit of holiday accommodation; Hall Farm Dereham Road for Mr and Mrs E Jones The Committee considered item 3 of the officers’ reports. Public Speakers Mrs Richards (objecting) Victoria Jones (supporting) The Senior Planning Officer reported that the Landscape Officer had no objections to this application subject to the imposition of appropriate conditions. The Highway Authority had no objection subject to the existing accesses being permanently closed. The Senior Planning Officer outlined the points raised in a letter that had been received from the applicant in response to some of the concerns raised by the objectors. He recommended approval subject to the imposition of the conditions set out in the report. Councillor R Combe considered that the closing off of the accesses and relocation of the farmyard would be a planning gain. He supported this application. Members were concerned that the closing of the accesses would prevent pedestrians using the farmyard as a shortcut to the village hall. The Committee was advised that this route was not a public right of way and it was inappropriate to require the applicant to provide pedestrian access or an alternative footpath in connection with this planning application. It was proposed by Councillor J D Savory, seconded by Councillor B Cabbell Manners and RESOLVED unanimously That this application be approved subject to the imposition of the conditions listed in the report. (34) BRININGHAM - 20080540 - Alterations to redundant barn to provide holiday accommodation; Hall Farm Dereham Road for Mr and Mrs E Jones The Committee considered item 4 of the officers’ reports. RESOLVED Development Control Committee (West) 3 22 May 2008 That this application be approved in accordance with recommendation of the Head of Planning and Building Control. (35) the BRININGHAM - 20080548 - Conversion of barn to one unit of holiday accommodation; Bayes Barn Dereham Road for Mr and Mrs E Jones The Committee considered item 5 of the officers’ reports. Public Speakers Mrs Richards (objecting) Victoria Jones (supporting) The Senior Planning Officer reported that the Landscape Officer had no objection. Structural and ecological surveys had been submitted. The Highway Authority had no objection. Councillor R Combe, the local Member, stated that this building was so remote that holiday accommodation was the only possible use. He considered that there was no reason to refuse this application. Councillor P W High stated that Bayes Lane was a through road to Gunthorpe and given the narrowness of the road this application should be refused. Councillor J D Savory supported the views of the local Member and proposed approval of this application, which was seconded by Councillor Mrs A R Green. Councillor Mrs P Bevan Jones stated that she could not support this application and referred to a fatal accident that had occurred to a pedestrian in Bayes Lane. The Locum Solicitor advised the Committee to consider whether one more dwelling would make a difference. RESOLVED by 7 votes to 3 That this application be approved subject to the imposition of the conditions listed in the report. (36) RAYNHAM - 20080506 - Erection of fifty-eight dwellings; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited The Committee considered item 6 of the officers’ reports. Public Speaker Mr Gawn (supporting) The Development Control Manager reported that three further letters of concern had been received from local residents who considered that the demand should be assessed once existing housing is occupied and that a link road should be provided. An indicative master plan had been received, which would be kept with the file and a copy placed in the Members’ Room. Councillor B Cabbell Manners requested that a copy of the master plan be sent to all Committee Members. Development Control Committee (West) 4 22 May 2008 The Development Control Manager reported that Councillor Miss D A Wakefield, the local Member, who welcomed the applicant’s efforts to develop the site in a responsible manner. She shared local concerns regarding traffic but understood the need for a substantial number of dwellings to make the development profitable and sustainable. She considered that the new dwellings might not increase traffic by much more than the refurbishment of the existing dwellings as the provision of employment and community facilities might make the site more self-sustaining. She supported the application subject to an appropriate traffic survey being carried out and provision of a shop and public transport. The Development Control Manager recommended deferral of this application to await consultation responses, additional details in respect of highway issues and the comments of the Environment Agency in respect of the Flood Risk Assessment. Councillor B Cabbell Manners considered that this was an exciting project and stated that he was broadly in favour of this application. Councillor Mrs P Bevan Jones considered that the restoration of the site so far had been superb. She considered that it was an excellent opportunity for further sustainable development of the airbase. She stated that highway safety was of utmost importance. She suggested that it might be possible to provide additional affordable housing in terraces or flats whilst still retaining the open character of the site. Councillor Mrs A R Green asked if the master plan included a school. Councillor T H Moore stated that local schools had the capacity to cope with the likely number of schoolchildren from the site. Councillor J H Perry-Warnes suggested that the gardens of the larger houses could be made smaller in favour of more public open space. In answer to a question regarding precedent, the Development Control Manager explained that although the proposal was contrary to Local Plan policy the unique nature of the proposal was unlikely to set a precedent. He stated that if the dwellings were in separate ownerships and the same amount of housing developed had come forward as infill plots over time it would not have been possible to negotiate affordable housing on the site. Councillor S C Mears considered that this was an excellent development. With regard to highways he stated that the site could be accessed from several directions and considered that this should be taken into account. Councillor J A Wyatt considered that 75% of the existing housing should be sold before any new building took place. He requested that the dome be retained. It was proposed by Councillor Mrs P Bevan Jones, seconded by Councillor J A Wyatt and RESOLVED That this application be deferred to await outstanding consultation responses, additional details in respect of highway issues and the comments of the Environment Agency in respect of the Flood Risk Assessment. Without prejudice, Members felt the principal could be acceptable. Development Control Committee (West) 5 22 May 2008 (37) RAYNHAM - 20080507 - Conversion of hangars to twenty loft style holiday apartments; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited The Committee considered item 7 of the officers’ reports. The Development Control Manager referred to three letters of concern which had been reported under minute (36). He reported that the Building Control Manager did not wish to comment on this application. The Development Control Manager reported that Councillor Miss D A Wakefield, the local Member, objected to this application. She considered that it was dangerous and not well thought out. She considered that accommodation for aircraft owners should be provided elsewhere on the site and the hangars retained as technical buildings. The Development Control Manager suggested that this application be deferred to explore the environmental health issues. RESOLVED unanimously That this application be deferred to explore Environmental Health issues. (38) HELHOUGHTON - 20080508 - Change of use of community centre to site office/sales centre and barrack block 101 as temporary housing for site construction workers; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited The Committee considered item 8 of the officers’ reports. The Development Control Manager referred to three letters of concern which had been reported under minute (36). He stated that Councillor Miss D A Wakefield, the local Member, supported this application. RESOLVED That the Head of Planning and Building Control be authorised to approve this application for a temporary period of two years subject to no new grounds of objection from outstanding consultees, prior resolution of concerns raised by the Highway Authority regarding the impact of the proposals on the surrounding highway network and subject to the imposition of appropriate conditions. (39) HEMPSTEAD - 20080555 - Change of use from public house to residential dwelling; Hare and Hounds Baconsthorpe Road for Mr and Mrs Purkiss The Committee considered item 9 of the officers’ reports. Public Speaker Mrs Purkiss (supporting) The Development Control Manager reported that the Parish Council objected to this application. Four letters of objection had been now been received. A letter had been Development Control Committee (West) 6 22 May 2008 received from the applicants in respect of the difficulties they were experiencing and stating that they did not wish to close the business but wanted to keep their options open. It appeared that some marketing had been carried out but not enough to satisfy the policy requirements. Councillor J H Perry-Warnes, the local Member, stated that he had spoken to the applicants at some length regarding this application and the difficulties in running the business. He sympathised with the applicants but considered that they should reduce the asking price until a buyer could be found. The Committee was informed that the business had been marketed since January 2008. It was proposed by Councillor B Cabbell Manners, seconded by Councillor S C Mears and RESOLVED by 10 votes to 1 That this application be refused in accordance with the recommendation of the Head of Planning and Building Control. (40) HINDOLVESTON - 20080387 - Erection of detached two-storey dwelling; land at Foxboro House 85/87 The Street for Mrs R M Williams Councillor J A Wyatt declared a prejudicial interest in this application as he was related to the applicant. The Committee considered item 10 of the officers’ reports. Public Speaker Mark Howard (Hindolveston Parish Council) The Senior Planning Officer reported that the Highway Authority had confirmed that the amended plan was acceptable. He recommended approval subject to the conditions listed in the report. Councillor R Combe, the local Member, considered that the dwelling should be reduced to one-and-a-half storeys and moved back in line with existing dwellings. Councillor Mrs P Bevan Jones considered that that the dwelling was too large for the plot. She proposed a site inspection which was not seconded. It was proposed by Councillor J D Savory, seconded by Councillor B Cabbell Manners and RESOLVED by 7 votes to 0 with 2 abstentions That this application be approved subject to the imposition of the conditions listed in the report. Development Control Committee (West) 7 22 May 2008 (41) 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. The Committee considered item 11 of the officers’ reports. Public Speakers Jean Corbett-Jarvis (Holt Town Council) Steve Benson (objecting) Andy Rayfield (supporting) The Development Control Manager reported that a further 11 letters of objection had been received in respect of the revised scheme. A letter had been received from the Chamber of Trade objecting on grounds relating to the demolition of the boundary wall, parking issues and stating that the site was not within the residential area. The Development Control Manager reported that Landscape Officer had received a letter from a resident requesting that a Tree Preservation Order be served on some of the trees. The Landscape Officer considered that whilst the two sycamores on the frontage were worthy of a TPO, it was not expedient to serve an order as they were not under threat. Other trees on the site were not of such significance to warrant a TPO. The Landscape Officer had no objection to this application subject to conditions to protect the sycamore trees and a note in respect of the possible presence of bats. The Development Control Manager explained that the planning application had to be dealt with on its merits. Alternative uses and disposal of the site were for the Council to consider in another capacity. It was proposed by Councillor P W High, seconded by Councillor Mrs A C Sweeney and RESOLVED unanimously That consideration of this application be deferred to allow a site inspection by the Committee and that the local Member, Chairman of the Town Council and a representative of the Highway Authority be invited to attend. (42) HOLT - 20080418 - Removal of condition 5 of planning permission 20061473 to delete requirement for installation of traffic calming measures; land at Meadow Close and Grove Lane for McCarthy & Stone (Developments) Ltd The Committee considered item 12 of the officers’ reports. The Committee was informed that Councillor M J M Baker, a local Member, had been mistaken as to the location of the road humps and had indicated that he would withdraw his objection to this application. It was proposed by Councillor P W High, duly seconded and RESOLVED Development Control Committee (West) 8 22 May 2008 That this application be approved. (43) MELTON CONSTABLE - 20080329 - Erection of thirty-eight dwellings; land off Grove Road for Melton Constable Country Club The Committee considered item 13 of the officers’ reports. Public Speakers Objecting: Catherine Mackenzie-Dodds, Sharon Harvey, Lee Mitchell, Richard Blake Supporting: Adrian Loynes, Alan Irvine, Michael Horn The Senior Planning Officer reported that 154 people had signed the petition referred to in the report and not 54 as stated. Briston Parish Council had reiterated its objection to the amended proposals. A local resident had expressed concern regarding the type and mix of affordable housing. Confirmation had been received that an application for designation of the area as a village green had been submitted to Norfolk County Council. The Environment Agency and Environmental Health were satisfied that the Flood Risk Assessment adequately addressed the flooding issues, subject to the inclusion of an attenuation basin to cope with surface water run off. He reiterated the comments of the Highway Authority as set out in the report. The Senior Planning Officer requested delegated authority to approve this application subject to the receipt of an amended plan in respect of a revised layout to accommodate the attenuation basin, satisfactory resolution of ecological issues, no new grounds of objection from outstanding consultees, the making of Section 106 Obligations concerning education, library and fire service contributions and the imposition of appropriate conditions including affordable housing, or in the absence of such resolution, delegated refusal. Councillor R Combe, the local Member, referred to the need for affordable housing. He stated that the Country Club was the only licensed premises for some distance. He stated that infilling of the pond by the developer of the Lomax site had contributed to the surface flooding. He referred to the parking problems in Melton Constable. He considered that up to sixteen dwellings in the south-east corner of the site would be acceptable but that this application was a step too far. Councillor J A Wyatt supported the views of the local Member. He considered that an area formerly used for parking should be reopened to alleviate on-street parking problems. Councillor B Cabbell Manners considered that the application was acceptable in principle. However, he considered that the open space should be relocated to join up with the Lomax site. The Development Control Manager stated that although this was an outline application, approval was being sought in respect of layout and access at this stage. A change in layout would require significant changes to the plans which would require readvertisement and reconsultation. He advised the Committee that it would better to encourage the applicants to withdraw the current application or to refuse it. The Chairman suggested that this application be deferred. Councillor Mrs H T Nelson, Cabinet Member for Community, stated that she had been approached prior to the meeting by PC Paul Willis and the Council’s Development Control Committee (West) 9 22 May 2008 Community Safety Manager, who were concerned that their comments in respect of Section 17 issues had been passed to the applicant’s agent but the Committee had not been made aware of them. She read to the Committee the comments they had made on this issue. It was proposed by Councillor B Cabbell Manners, seconded by Councillor J H PerryWarnes and RESOLVED unanimously That consideration of this application be deferred for negotiations on the position of the open space, number of units, car parking and the position of the attenuation basin. (44) 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 14 of the officers’ reports. Public Speakers Alan Smith (Ryburgh Parish Council) Michael McNamara (supporting) The Development Control Manager reported that the Parish Council supported this application. Nine letters of support had been received from local residents. He stated that information was required from the Economic and Tourism Development Manager in respect of the letting of the property for commercial purposes. He recommended deferral of this application pending the receipt of outstanding consultation responses, to consult the Economic and Tourism Development Manager and to explore the affordable housing issues. Councillor Mrs A R Green, the local Member, spoke in favour of this application and suggested a site inspection. Councillor B Cabbell Manners considered there was insufficient information to assess the application. He considered that a site inspection was not necessary. It was proposed by Councillor B Cabbell Manners, seconded by Councillor J H PerryWarnes and RESOLVED by 9 votes to 0 with 2 abstentions That consideration of this application be deferred to await the receipt of outstanding consultation responses, to consult the Economic and Tourism Development Manager and to explore the affordable housing issues. (45) SCULTHORPE - 20070398 - Conversion of barn to two units of holiday accommodation; Cranmer Hall Creake Road Cranmer for Robbie Wright Builders The Committee considered item 15 of the officers’ reports. Public Speakers Development Control Committee (West) 10 22 May 2008 Geoffrey Lane (objecting) Adrian Parker (supporting) This application was considered in conjunction with 20070399 below. The Senior Planning Officer reported that an email had been received from the applicant’s agent confirming that an ecological survey had been carried out. It appeared that three species of bat were using the barn but there was limited evidence in the single-storey building. The applicant’s agent considered that it would be possible to provide mitigation measures. The Senior Planning Officer read to the Committee a further letter that had been received from the owner of the Hall stating that the owner of the Coach House would like to purchase the barn for the storage of biofuels. A letter had been received from the owner of the Coach House confirming his interest in purchasing the barn, referring to covenants, and access rights. The Senior Planning Officer recommended deferral of this application to allow the applicant time to comment in the issues raised in the recent letters from the owners of the Hall and the Coach House and to await the receipt of the ecological survey. In response to comments by Mr Lane the Development Control Manager stated that if third party ownership was involved it was necessary to serve notice on those parties. It would be necessary to ensure that the correct notices had been served. He stated that civil rights were separate from the planning issues. Councillor T H Moore, the local Member, referred to representations made by the owner of Cranmer Hall and enquired as to the possibility of High Court action. The Development Control Manager stated that it was always a possibility that a decision could be referred to the High Court and it was necessary to ensure that applications were handled correctly. In response to comments by the objector he considered that more advice was needed from English Heritage on the listing issues. The Locum Solicitor stated that there were many issues involved in this matter. He considered that the officer’s report was a good précis of the issues to be considered by the Committee. He considered that there was no reason why the application could not be determined as a valid application, although this had been questioned by the objector. He considered that the representation referred to by Councillor Moore was misleading and referred to the Inspector’s report. He stated that the listing issue had been muddied rather than clarified. The application was being considered in terms of the building’s listing in association with other buildings. There was no reason why PPG15 could not be taken into account and the officer’s report dealt with this matter competently and correctly. The Conservation, Design and Landscape Manager stated that he considered that the barn was listed by association. Councillor B Cabbell Manners considered that this application should be approved rather than deferred. It was proposed by Councillor B Cabbell Manners, seconded by Councillor P W High and RESOLVED by 8 votes to 0 with 2 abstentions Development Control Committee (West) 11 22 May 2008 That the Head of Planning and Building Control be authorised to approve this application subject to the receipt of an ecological survey, investigation as to whether or not the appropriate notices have been served on third parties and subject to the imposition of appropriate conditions. (46) SCULTHORPE - 20070399 - Alterations to barns to facilitate conversion to holiday accommodation; Cranmer Hall Creake Road Cranmer for Robbie Wright Builders The Committee considered item 16 of the officers’ reports. Public Speakers Geoffrey Lane (objecting) Adrian Parker (supporting) This application was considered in conjunction with 20070398 below. RESOLVED That this application be approved subject to the imposition of appropriate conditions. (47) SHERINGHAM - 20080526 - Demolition of public house and erection of four three-storey terraced dwellings; Sherry 'N' Ham 18 Beech Avenue for Homan Property Investments The Committee considered item 17 of the officers’ reports. Public Speaker Mr Booth (Sheringham Town Council) The Development Control Manager reported that an amended plan had been received. Sheringham Town Council had reiterated its objection to this application. Sixteen letters of objection had now been received. The Highway Authority had raised no objection. He requested delegated authority to approve this application subject to no new grounds of objection being received in respect of the amended plans following re-advertisement and subject to the imposition of appropriate conditions. Councillor Mrs H T Nelson, a local Member, stated that the proposed demolition of the public house had caused distress to the community. She stated that it had been a valuable community facility for the predominantly elderly population of Sunway Park until recently when changes to opening times had made it less convenient. Councillor Mrs P Bevan Jones considered that the scheme would be out of keeping with the surrounding area, be detrimental to the street scene and overlook the neighbouring dwellings to the rear. She considered that parking provision was inadequate and could lead to highway danger. She referred to the benefits of the public house to the elderly residents. Development Control Committee (West) 12 22 May 2008 The Development Control Manager explained that there was no policy requirement to retain the public house or to require marketing as it was not in a rural area. It was proposed by Councillor Mrs P Bevan Jones, seconded by Councillor B Cabbell Manners and RESOLVED unanimously That the Head of Planning and Building Control be authorised to refuse this application on grounds that the proposal is out of scale and keeping with the surrounding development and would have a poor relationship with neighbouring dwellings. (48) 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 18 of the officers’ reports. Public Speaker Bernard Smith (supporting) The Senior Planning Officer reported that the Highway Authority did not wish to comment on this application as a previous application had been approved on this site against its recommendation. Councillor Mrs A C Sweeney, the local Member, referred to the Parish Council’s objections. She stated that a neighbour had made representations to her regarding the size and scale of the building and its effect on his property. It was proposed by Councillor Mrs A C Sweeney, seconded by Councillor J H PerryWarnes 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. (49) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 19 of the officers’ reports. (50) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 20 of the officers’ reports. (51) NEW APPEALS The Committee noted item 21 of the officers’ reports. (52) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 22 of the officers’ reports. Development Control Committee (West) 13 22 May 2008 (53) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 23 of the officers’ reports. (54) APPEAL DECISIONS The Committee noted item 24 of the officers’ reports. (55) BODHAM - Land at Windrush Farm, Hart Lane 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 Development Control Manager reported background to the injunction and that two Enforcement Notices and a Stop Notice had been served in respect of various items of equipment and caravans which had been placed on the site. Since then two substantial mobile homes had appeared on the site. The Head of Planning and Building Control was able to commence injunction proceedings against the owner/occupier of the land but in this case it was considered expedient to seek the Committee’s support for taking such action. The Locum Solicitor advised that in Human Rights terms the Committee had to be satisfied that an injunction was warranted in the circumstances. RESOLVED That the commencement of injunction proceedings against the owner/occupier of land at Windrush Farm, Hart Lane, Bodham be endorsed. (56) 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 item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 6 of Part I of Schedule 12A (as amended) to the Act. (57) EDGEFIELD – 01/027/DEV6/04/002 – Standing of mobile home for residential use land adjacent Sands Loke The Committee considered item 25 of the officers’ exempt reports requesting authorisation of Court proceedings in an enforcement case. It was proposed by Councillor J H Perry-Warnes, duly seconded and RESOLVED That the Head of Planning and Building Control be authorised to commence criminal proceedings pursuant to Section 179 of the Town and Country Planning Act 1990 as amended for non-compliance with the Enforcement Notice in the event that: Development Control Committee (West) 14 22 May 2008 1. A planning application for the proposed annexe is not received within the next twenty-eight days. 2. In the event that any such application is refused, the mobile home is not removed within three months of the date of the refusal or dismissal of any subsequent appeal. 3. In the event of approval of an application for the annexe, the mobile home is not removed from the site within six months of the date of that approval. The meeting closed at 1.35 pm. Development Control Committee (West) 15 22 May 2008