23 JULY 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 Mrs A C Sweeney N P Ripley - substitute for J D Savory Mrs P Bevan Jones - Sheringham North Ward Mrs H T Nelson - Sheringham South Ward Officers Mr G Lyon - Acting Development Control Manager (East) Mr R Howe - Planning Legal and Enforcement Manager Miss J Medler - Senior Planning Officer (West) Miss T Lincoln - Planning Officer (West) (63) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS An apology for absence was received from Councillor J Savory. There was one substitute Member in attendance as shown above. (64) MINUTES The Minutes of a meeting of the Committee held on 25 June 2009 were approved as a correct record and signed by the Chairman. (65) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which he wished to bring before the Committee. (66) DECLARATIONS OF INTEREST All Members declared an interest, the details of which are recorded under the minute of the item concerned. (67) High Kelling – 20081193 – Extension of Care Home to Provide Four, TwoPerson and Eight One-Person Single-Storey Units; Pineheath Nursing Home, Cromer Road Councillor H C Cordeaux vacated the Chair during consideration of this item to allow him to speak from the floor as local Member. Councillor J A Wyatt (Vice-Chairman) in the Chair. Development Control Committee (West) 1 23 July 2009 The Committee considered item 1 of the officers’ reports which sought reconfirmation of a decision to approve this application following receipt of further clarification from the applicant. Public Speakers Mrs Otty (High Kelling Parish Council) Mr Bedford (objecting) The Acting Development Control Manager reported that High Kelling Parish Council had objected to this application on grounds related to Core Strategy Policies SS2 and EN2. The Parish Council considered that this proposal was new housing in the Countryside, had no substantial link with the existing care home and would set a precedent for other development in the area. An additional letter had been received from a local resident objecting on similar grounds. Whilst the concerns of the Parish Council were noted, officers considered that there was a clear link between the units and the care home. Councillor H C Cordeaux, the local Member, expressed concerns with regard to the tenure of the units, their link with the existing home and lack of clarity over the proposal as this was an outline application. The Acting Development Control Manager stated that the units would be covered by Use Class C2 (Residential Institutions) and the entrant criteria for users of the site was not a matter the Local Planning Authority could control. He explained that a legal agreement would be required to ensure that the units were ancillary to the care home. He referred to the indicative drawing supplied with the application and stated that it would be possible to attach a condition to ensure that the units were physically attached to the existing building. The Planning Legal and Enforcement Manager added that the type of service offered by the facility was a licensing matter. Officers had discussed the concerns and there were, in his opinion, no cogent planning reasons for refusal that could be defended in the event of an appeal. Councillor S C Mears stated that from his professional point of view this was a very good scheme. From his experience of facilities elsewhere in the country he considered that physical attachment of the units was not relevant from a care perspective. It was proposed by Councillor N P Ripley, seconded by Councillor S C Mears and RESOLVED by 4 votes to 3 That the Committee reconfirms its decision to approve this application subject to the completion of a Section 106 Obligation to ensure that the new units remain ancillary to the existing care home and subject to the imposition of appropriate conditions to include restricting the vehicular access to the main western access and a requirement for the units to be physically attached to the existing care home. Development Control Committee (West) 2 23 July 2009 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. (68) BRISTON - 20090530 - Construction of revised parking area and access road; plots 73 to 77 Jewel Close for Lomax Homes Ltd The Committee considered item 2 of the officers’ reports. Public Speaker Mr Cox (objecting) The Senior Planning Officer reported that a letter had been received from a local resident concerning non-compliance with conditions imposed on planning permission reference 20031575 in respect of filling in a disused pond. However, it was not considered to be relevant to this application. Councillor J A Wyatt, the local Member, expressed concern at the loss of amenity space, impact on the residential amenities of 73 - 75 Bridge Close and considered that the access would be dangerous. He considered there was no reason for moving the access to the parking spaces. He proposed refusal of this application. The Planning Legal and Enforcement Manager advised the Committee that in his opinion the loss of residential amenity of the adjacent dwellings was a valid reason on which to refuse this application. However, the Highway Authority had not raised a highway safety objection. It was proposed by Councillor J A Wyatt, seconded by Councillor P W High and RESOLVED unanimously That this application be refused on grounds that the proposal would be detrimental to the reasonable amenities of the adjacent neighbours. (69) CORPUSTY - 20090467 - Erection of agricultural/horticultural buildings and wind turbine and construction of roads, terraces and soil bund; Woodfruits Locks Farm Road for Woodfruits CORPUSTY - 20090398 - Siting of timber dwelling for supervisor of agricultural/horticultural/agro-forestry unit; land at Locks Farm Road for Mr A Den Engelse These applications had been withdrawn. Development Control Committee (West) 3 23 July 2009 (70) FAKENHAM - 20090364 - Erection of four three-storey dwellings; 25 Nelson Road for Nelson Grove Development Limited The Committee considered item 5 of the officers’ reports. Public Speaker Mr Gordon (objecting) The Planning Officer reported that an amended site location plan was awaited. She requested delegated authority to approve this application subject to the receipt of a satisfactory amended site plan and imposition of appropriate conditions. The Chairman expressed concern that the plans did not show the neighbouring dwellings. It was proposed by Councillor S C Mears, duly seconded and RESOLVED 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. (71) SALTHOUSE - 20090434 - Erection of two-storey front extension, single- storey side extension and dormer window; The Patch Coast Road for Mr Colman Councillor H C Cordeaux vacated the Chair during consideration of this item to allow him to speak from the floor as local Member. Councillor J A Wyatt (Vice-Chairman) in the Chair. The Committee considered item 6 of the officers’ reports. The Senior Planning Officer reported that the agent had advised that revisions to the scheme had reduced the amount of glazing by 20%. Councillor H C Cordeaux, the local Member, referred to an email he had received from a local resident objecting to this application on grounds of light pollution and failure to comply with Core Strategy Policies EN13 and EN3. He stated that light pollution was incremental, even if the amount of light from one property was insignificant. The site was in a dark landscape and within the Area of Outstanding Natural Beauty (AONB). He considered that this application should be refused, but requested that the comments of the Conservation, Design and Landscape Manager, Norfolk Coast Partnership and the Campaign to Protect Rural England (CPRE) be sought prior to a decision being made. Councillor N P Ripley stated that conservatories were also light polluters. He considered that the design was innovative and proposed approval of this application, which was seconded by Councillor P W High. Councillor J H Perry-Warnes considered that a large window would be preferable to the proposed design. He supported the local Member’s views. Development Control Committee (West) 4 23 July 2009 Councillor Mrs H T Nelson, as Cabinet Member for Tourism and Built Heritage, considered that it would be a tragedy to introduce any more light into the area as the dark landscape was an attraction for visitors. As an amendment, Councillor H C Cordeaux proposed deferral of this application to consult the Conservation, Design and Landscape Manager, Norfolk Coast Partnership and CPRE. This was seconded by Councillor S C Mears. Councillor N P Ripley withdrew his proposal. The Acting Development Control Manager suggested that the Environmental Protection Officer be consulted in respect of light pollution. RESOLVED unanimously That consideration of this application be deferred to consult the Conservation, Design and Landscape Manager, Environmental Protection Officer, Norfolk Coast Partnership and Campaign to Protect Rural England (CPRE). (72) SHERINGHAM - 20081228 - Conversion of A1 (retail shop) to two-storey dwelling and re-location of bin-store; Barber's Shop to rear 22 Station Road for Museum Cottages The Committee considered item 7 of the officers’ reports. Councillor Mrs P Bevan Jones, a local Member, referred to the Town Council’s objection. She objected to this application on grounds of overdevelopment and impact on the tree of heaven. Councillor Mrs H T Nelson, Member for Sheringham South Ward, supported the Town Council’s comments regarding overdevelopment. She stated that the site was located in a very special area and she did not support any further development. The Acting Development Control Manager stated that there were other onebedroomed cottages with no amenity space in the vicinity. The building would comply with the criteria regarding internal space. He stated that overdevelopment grounds would be difficult to defend on appeal. Members expressed concerns in respect of loss of light, overlooking, inappropriate materials and design and loss of bin storage. The Planning Legal and Enforcement Manager advised the Committee on possible grounds of refusal. It was proposed by Councillor J H Perry-Warnes, duly seconded and RESOLVED unanimously That this application be refused on grounds that the proposal would have an adverse impact on the amenity of neighbouring dwellings by reason of overlooking and, subject to the agreement of the Conservation, Design and Landscape Manager, on grounds of inappropriate design and materials. Development Control Committee (West) 5 23 July 2009 (73) SHERINGHAM - 20090533 - Change of use from dwelling to bed and breakfast establishment and erection of retaining wall to provide five parking spaces (renewal of planning permission: 20040949); The Heights 1 Vicarage Road for Mr and Mrs Moss All Members declared a personal interest in this application as Mrs Moss was a fellow Councillor. The Committee considered item 8 of the officers’ reports. The Planning Officer reported that the applicants’ agent had advised that a structural engineer had confirmed that the formation of the parking area would not affect the structural integrity of the property. Councillor Mrs H T Nelson, a local Member, expressed concern at the gradual erosion of the area although she had no objection to this application. It was proposed by Councillor S C Mears, duly seconded and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions to include those requested by the Highway Authority, approval of brick type, approval of a landscaping scheme and a requirement that no more than five rooms must be let at any one time. (74) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 9 of the officers’ reports. (75) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 10 of the officers’ reports. (76) NEW APPEALS The Committee noted item 11 of the officers’ reports. (77) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 12 of the officers’ reports. (78) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 13 of the officers’ reports. (79) APPEAL DECISIONS The Committee noted item 14 of the officers’ reports. The meeting closed at 10.50 am. Development Control Committee (West) 6 23 July 2009