24 APRIL 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 T H Moore J H Perry-Warnes J D Savory Mrs A C Sweeney Mrs J Trett - substitute for S C Mears Mrs C M Wilkins - substitute for Mrs P Bevan Jones M J M Baker - Holt Ward Mrs L M Brettle - Glaven Valley Ward Officers Mr S Oxenham - Head of Planning and Building Control Mr G Lyon - Senior Planning Officer (West) Mr G Linder - Senior Planning Officer (West) Mr J Chinnery - Locum Solicitor (1) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors Mrs P Bevan Jones and S C Mears. Two substitute Members attended the meeting as stated above. (2) MINUTES The Minutes of a meeting of the Committee held on 27 March 2008 were approved as a correct record and signed by the Chairman, subject to the fourth paragraph of Minute 296 being amended to read “… He considered that the garden was large enough to allow a building of a more modest design to be sited in a less intrusive position further away from the neighbour to the south”. (3) 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 planning applications at former RAF West Raynham. The reason for urgency was to expedite consideration by undertaking a site inspection. (4) DECLARATIONS OF INTEREST Councillors J D Savory, J H Perry-Warnes and Mrs C M Wilkins declared interests, the details of which are given under the minute of the item concerned. Development Control Committee (West) 1 24 April 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. (5) BACONSTHORPE - 20060360 - Erection of three two-storey dwellings and one single-storey dwelling; land at The Street for C J C Lee (Saxthorpe) Limited Councillor J H Perry-Warnes declared a prejudicial interest in this application as he knew the applicant and left the Council Chamber during consideration of this matter. Councillor Mrs C M Wilkins declared a personal interest in this application as she had been extensively lobbied on this matter over the past two years. The Committee considered item 1 of the officers’ reports. Public Speakers Mrs Cossé (Baconsthorpe Parish Council) Ms Arnold (objecting) The Senior Planning Officer referred to the previous dispute over the accuracy of the plans and reported that the plans now being considered were based on a further survey carried out by the applicant’s agent. The Parish Council continued to object to this application on grounds of insufficient detail and issues related to the water table, waste management, tandem development, character and effect on the walls of the adjacent chapel. Two further letters of objection had been received which continued to dispute the accuracy of the plans and raised concerns regarding visibility, parking and turning, access for fire appliances and highway safety. The Senior Planning Officer reported the detailed comments of the Highway Authority regarding the required visibility splay. There was no indication that the required splay could be achieved and the Highway Authority had recommended refusal. The Senior Planning Officer recommended refusal of this application on grounds that visibility onto The Street would be severely substandard and the development would be contrary to Local Plan Policy 147. The Solicitor referred to the comments that had been made regarding measurements of the site. He stated that it was not the responsibility of the Committee or the Planning Officers to establish ownership. He suggested that in the event of the Committee being minded to approve the application a condition be imposed to prevent works being carried out until the exact boundaries were established. Development Control Committee (West) 2 24 April 2008 Councillor J A Wyatt stated that he had visited the site in 2006 and considered nothing had changed since then. Councillor Mrs C M Wilkins considered that the application should be refused on highway grounds and lack of sufficient detail to assess the impact of this application on the Conservation Area. The Head of Planning and Building Control considered that the illustrative material which had been submitted was sufficient and the application was recommended for refusal on highway grounds only. It was proposed by Councillor J A Wyatt, seconded by Councillor Mrs C M Wilkins and RESOLVED unanimously That this application be refused on grounds that the visibility onto The Street would be severely substandard and the development would be contrary to Local Plan Policy 147. (6) BINHAM - 20080476 - Variation of condition 4 of planning permission 990534 to allow retention of modern agricultural barns until prior to the first occupation of the holiday units; Old Barn Farm Binham Road Wighton for S C and G M Savory and Sons Councillor J D Savory declared a prejudicial interest in this application as he was involved in the applicant company and left the Council Chamber during consideration of this matter. The Committee considered item 2 of the officers’ reports. The Senior Planning Officer reported that the Parish Council and Environmental Health had no objection to this application. He reported the concerns raised in three letters of objection that had been received. He recommended approval of this application subject to the imposition of appropriate conditions. It was proposed by Councillor Mrs J Trett, duly seconded and RESOLVED unanimously That this application be approved subject to the imposition of appropriate conditions. (7) BLAKENEY - 20071574 - Installation of underground LPG supply tanks; Blakeney Hotel The Quay for Blakeney Hotel The Committee considered item 3 of the officers’ reports. Public Speakers Mrs Wootten (Blakeney Parish Council) Mr Daley (objecting) Development Control Committee (West) 3 24 April 2008 Councillor Mrs L M Brettle, the local Member, questioned the need for the volume of storage proposed by the applicant. She considered that a site visit would help the Committee assess the extent of the neighbours’ concerns. Councillor J H Perry-Warnes expressed concern regarding safety and considered that this application should be refused. The Solicitor reminded the Committee that the Environmental Protection Team were satisfied that the proposal met safety requirements. He stated that there was insufficient evidence of harm to substantiate refusal of this application. Councillor B Cabbell Manners considered that it was wrong to place the tanks so close to residential dwellings and that it would be possible to relocate the tanks elsewhere within the hotel grounds. It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs A R Green and RESOLVED That consideration of this application be deferred to allow negotiations to take place with regard to amended siting for the proposed LPG tanks. (8) BLAKENEY - 20080118 - Retention of dwelling incorporating revised design details; Lost Plot Coronation Lane for Ms B Ward Jones The Committee considered item 4 of the officers’ reports. Public Speakers Mrs Wootten (Blakeney Parish Council) Mr Aikens (objecting) Mr Houlston (supporting) The Senior Planning Officer reported that two further letters of objection had been received from neighbouring residents which raised similar concerns to those previously raised and also raised issues regarding Human Rights. The Senior Planning Officer stated that applicant’s agent considered that the proposal to incorporate two panes of obscured glazing in each elevation was not acceptable and had offered to obscure one pane on each elevation. However, officers considered that two panes of obscured glazing would be more appropriate and the Senior Planning Officer requested delegated authority to approve this application as set out in the report. In response to a question the Senior Planning Officer explained that it was not considered reasonable to require all glazing to be obscured given the previous permission. Councillor Mrs L M Brettle, the local Member, stated that the applicant had not adhered to the previous permission, to the detriment of neighbouring residents. She requested that the Committee have regard to the neighbours’ objections and rights. Councillor B Cabbell Manners stated that it was not satisfactory that the applicant had deviated from the approved plans but the Committee had to be reasonable. He proposed delegated approval as recommended. This was seconded by Councillor Mrs J Trett. Development Control Committee (West) 4 24 April 2008 Councillor J H Perry-Warnes considered that the glazing on three sides of the tower should be obscured or louvred. Councillor J A Wyatt considered that the applicant should adhere to the originally approved plan. The Senior Planning Officer explained that according to the agent the alterations to the tower had been made for technical reasons. There had been other unauthorised alterations to the design of the building which were considered to be acceptable and it appeared that the only controversial alteration was to the tower. In answer to a question the Head of Planning and Building Control explained the issues that would be taken into account by an Inspector in the event of an appeal against refusal. As an amendment, it was proposed by Councillor J A Wyatt, seconded by Councillor P W High that this application be refused and the Head of Planning and Building Control be authorised to commence enforcement action. On being put to the vote, the amendment was declared lost on the Chairman’s casting vote. The original proposition for delegated approval subject to the applicant agreeing the glazing beads and obscure glazing to the north and south elevations of the tower, subject to no new grounds of objection if the need for readvertisement and reconsultation should arise and subject to the imposition of appropriate conditions was put to the vote and declared lost on the Chairman’s casting vote. It was proposed by Councillor B Cabbell Manners, duly seconded and RESOLVED by 8 votes to 1 with 1 abstention That the Head of Planning and Building Control be authorised to approve this application subject to the introduction of glazing beads and to the bottom pane of glass being obscured on all sides and subject to the imposition of appropriate conditions. (9) FIELD DALLING - 20080450 - Erection of two-storey extension, conservatory and detached garage; 90 Holt Road for Mr M Brown The Committee considered item 5 of the officers’ reports. Councillor Mrs L M Brettle, the local Member, stated that she had no objection to this application. Councillor P W High stated that this application was contrary to policy and asked if it would set a precedent. The Head of Planning and Building Control explained that the proposal was contrary to policy in terms of its size. However, the policy was intended to preserve the visual appearance of the countryside and the proposed extension would not have a significant impact. It was proposed by Councillor B Cabbell Manners, seconded by Councillor T H Moore and Development Control Committee (West) 5 24 April 2008 RESOLVED by 6 votes to 3 with 1 abstention That this application be approved subject to the imposition of appropriate conditions. (10) HIGH KELLING - 20080359 - Erection of single-storey dwelling with accommodation in roofspace; land at 60 Pineheath Road for Mr S R TelferSmith Councillor H C Cordeaux vacated the Chair 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 stated that this was an outline application and not a full application as stated in the report. He reported that the Highway Authority had no objection. The Conservation, Design and Landscape Manager had raised concerns regarding the impact of the development on the Area of Outstanding Natural Beauty and on the basis of those concerns the Senior Planning Officer recommended refusal of this application on grounds that the applicant had failed to demonstrate that the dwelling could be sited without causing harm to the surrounding area and the AONB. Councillor H C Cordeaux, the local Member, supported the officer’s amended recommendation. It was proposed by Councillor H C Cordeaux, seconded by Councillor Mrs C M Wilkins and RESOLVED unanimously That this application be refused on grounds that the applicant had failed to demonstrate that the dwelling could be sited without causing significant detriment to the form and character of the area and without detriment to the conservation of the natural beauty of the landscape and countryside designated as an AONB. (11) HOLT - 20080138 - Erection of single-storey rear extension; 2 Woodfield Road for Mr C N Tai The Committee considered item 7 of the officers’ reports. Councillor M J M Baker, a local Member, stated that he had no objection to this application. He had called in the application as a number of local residents had raised concerns and he considered they should be given an opportunity to voice those concerns. However, they had not taken the opportunity to speak at the meeting. It was proposed by Councillor P W High, duly seconded and RESOLVED That this application be approved in accordance with recommendation of the Head of Planning and Building Control. the One Member abstained from voting on this application. Development Control Committee (West) 6 24 April 2008 (12) HOLT - 20080201 - Erection of dwelling and detached cart lodge; Jenis Barn Thornage Road for Mr S Chapman The Committee considered item 8 of the officers’ reports. Public Speaker Mr Chapman (supporting) Councillor M J M Baker, a local Member, stated that this application was for a local person who wanted to return to his home town and had the support of Town, District and County Councillors for the Holt area. He referred to the 1962 permission for a dwelling on the site. He considered that approval of this application would not set a precedent. Councillor P W High, also a local Member, supported Councillor Baker’s comments. He proposed approval of this application which was seconded. Councillor Mrs C M Wilkins stated that personal circumstances were not a material consideration. She referred to other cases where permission had been refused. As an amendment, she proposed refusal of this application as recommended. Councillor B Cabbell Manners stated that this was a matter for the Local Development Framework to address. With regret, he seconded Councillor Wilkins’ proposal. Councillor J H Perry-Warnes stated that the site was on the edge of the town, close to commercial buildings and other dwellings and considered that it could be an exception site. Councillor J D Savory stated that it was necessary to demonstrate need for a dwelling in the countryside and whilst he had sympathy for the applicant he could not support this application. Councillor M J M Baker stated that he did not want to change policy but considered that this application should be approved as an exception to policy. The Head of Planning and Building Control stated that the Committee should not promote the approval of dwellings in the countryside which were unrelated to need. He strongly recommended that the Committee adhere to the relevant policies. He advised that if the Committee were minded to approve this application it was of such fundamental significance that it would need to be referred to the combined Committee. He stated that personal circumstances were material but the dwelling would continue to exist for many years after the personal circumstances had ceased. On being put to the vote, the amendment was declared carried by 5 votes to 3 with 2 abstentions and on being put as the substantive proposition it was RESOLVED by 5 votes to 3 with 2 abstentions That this application be refused in accordance with the recommendation of the Head of Planning and Building Control. Development Control Committee (West) 7 24 April 2008 (13) HOLT - 20080345 - Retention of pergola; Railway Tavern Public House 2 Station Road for Mr and Mrs R Russell The Committee considered item 9 of the officers’ reports. The Senior Planning Officer reported that Holt Town Council had no objection subject to no objection being received from the neighbour. However, the neighbour had raised concerns as set out in the report. Environmental Health had no objection subject to the imposition of conditions to control noise. The Senior Planning Officer recommended approval of this application subject to the imposition of appropriate conditions. Councillor P W High, a local Member, expressed dissatisfaction with the way the matter had been handled by the owners of the property. He stated that the objector had spoken to the previous landlord of the Railway Tavern who had agreed to site the pergola further away from his dwelling. However, the pergola had been sited close to the objector’s windows and had installed loudspeakers. He proposed refusal of this application but stated that he would be prepared to support it if the issue regarding loudspeakers could be resolved. Councillor M J M Baker, a local Member, stated that the loudspeakers were a matter for Environmental Health. He considered that the pergola improved the appearance of the public house. The Solicitor stated that conditions could only be imposed in respect of the structure itself. The playing of music was a matter for Environmental Health and Licensing. It was proposed by Councillor Mrs C M Wilkins, duly seconded and RESOLVED That this application be approved subject to the imposition of appropriate conditions. One Member abstained from voting on this application. (14) HOLT - 20080413 - Erection of seven dwellings; Orchard Piece 8 Kelling Road for Character Homes Limited The Committee considered item 10 of the officers’ reports. Public Speaker Mr Cliffe (supporting) The Senior Planning Officer reported that the Conservation, Design and Landscape Manager (Landscape) had indicated informally that he had no objection to this application. Holt Town Council objected to this application on overdevelopment grounds. Three letters of objection had been received which raised concerns regarding the height of the units, overdevelopment, detriment to amenity of the surrounding properties, noise, loss of privacy, overlooking and overshadowing, number of garages and impact on drainage. The Highway Authority’s response was awaited. Development Control Committee (West) 8 24 April 2008 Councillor M J M Baker, a local Member, referred to the neighbours’ concerns. He considered that the applicant had listened to previous comments regarding the development of this site. He had concerns regarding the junction of Kelling Road with Cromer Road but this was a matter for the Highway Authority. Councillor P W High, a local Member, considered that houses were not suitable for the site. He considered that four bungalows would be appropriate. He proposed refusal of this application, which was not seconded. Councillor B Cabbell Manners stated that this was an outline application and details could be discussed at a later stage. He stated that there was already a house on the site, which was to be demolished, and questioned the view that any development should be single storey. It was proposed by Councillor B Cabbell Manners, duly seconded and RESOLVED by 6 votes to 4 That the Head of Planning and Building Control be authorised to approve this application, subject to no objections from the Highway Authority or the Conservation, Design and Landscape Manager (Landscape) and subject to the imposition of appropriate conditions including those relating to building heights, windows, materials and removal of permitted development rights. (15) SCULTHORPE - 20070398 - Conversion of barn to two units of holiday accommodation; Cranmer Hall Creake Road Cranmer for Robbie Wright Builders SCULTHORPE - 20070399 - Alterations to barns to facilitate conversion to holiday accommodation; Cranmer Hall Creake Road Cranmer for Robbie Wright Builders The Committee considered items 11 and 12 of the officers’ reports. Public Speakers Mr Lane (objecting) Mr Parker (supporting) The Senior Planning Officer reported that a further letter of objection had been received from the owner of Cranmer Hall and two further letters had been received from consultants acting on her behalf. The letters raised additional issues which required further investigation. The Senior Planning Officer recommended that the Committee visit the site prior to an updated report being submitted to the next meeting. It was proposed by Councillor T H Moore, seconded by Councillor B Cabbell Manners and 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. Development Control Committee (West) 9 24 April 2008 (16) STODY - 20080411 - Erection of two-storey front and rear extensions; The Old Inn Brinton Road for Mr J Thomas The Committee considered item 13 of the officers’ reports. Public Speaker Mr Thomas (supporting) The Senior Planning Officer reported that the Conservation, Design and Landscape Manager had no objection to the rear extension. However, he had raised concerns regarding the size of the front extension. Discussions were taking place with the applicant to improve the appearance of the front extension. The Senior Planning Officer requested delegated authority to approve this application subject to satisfactory resolution of the design issues raised by the Conservation, Design and Landscape Manager and subject to the imposition of appropriate conditions. Councillor Mrs L recommendation. M Brettle, the local Member, supported the officer’s It was proposed by Councillor J A Wyatt, seconded by Councillor P W High and RESOLVED That the Head of Planning and Building Control be authorised to approve this application subject to satisfactory resolution of the design issues raised by the Conservation, Design and Landscape Manager and subject to the imposition of appropriate conditions. (17) 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 14 of the officers’ reports. The Senior Planning Officer reported that the applicant was not prepared to enter into a Section 106 Agreement as suggested. The Parish Council had requested the reimposition of earlier conditions. The Senior Planning Officer stated that the Section 106 Agreement as suggested would incentivise the applicant to develop Usher’s Barn. He requested delegated authority to approve this application as set out in the report. The Solicitor advised the Committee in respect of the Section 106 Agreement and a possible appeal. Councillor Mrs A C Sweeney, the local Member, stated that the Parish Council was very concerned as it appeared that nothing would happen and the village would not get a replacement public house. Following discussion it was proposed by Councillor B Cabbell Manners, duly seconded and RESOLVED unanimously That consideration of this application be deferred to negotiate with the applicants in respect of the Section 106 agreement. Development Control Committee (West) 10 24 April 2008 (18) WALSINGHAM - 20080050 - Change of use and conversion from hostel/cafe/chapel to C2 (religious retreat), including construction of covered walkway, new shop front, residential flat, additional dormer windows, bell cotte and fenestrational changes; 47, 47a and 49 High Street for Mr P Hoye The Committee considered item 15 of the officers’ reports. The Senior Planning Officer confirmed that the second floor was self-contained and formed part of the application but would not be altered. Councillor T H Moore, the local Member, requested that the works be monitored closely. He stated that this was a significant application for the village and it was necessary to ensure that it was carried out properly. He stated that car parking was a problem but this was an issue anywhere in Walsingham. It was proposed by Councillor T H Moore, seconded by Councillor J A Wyatt and RESOLVED That the Head of Planning and Building Control be authorised to approve this application subject to no objections from the Conservation, Design and Landscape Manager on the amended plans, no objections being received following readvertisement of the amended application and subject to the imposition and monitoring of appropriate conditions. (19) WALSINGHAM - 20080051 - Demolition of single-storey extensions, internal alterations and construction of covered walkway, additional dormer windows, new shopfront and fenestrational changes; 47, 47a and 49 High Street for Mr P Hoye The Committee considered item 16 of the officers’ reports. It was proposed by Councillor T H Moore, seconded by Councillor J A Wyatt and RESOLVED That the Head of Planning and Building Control be authorised to approve this application subject to no objections from the Conservation, Design and Landscape Manager on the amended plans, no objections from outstanding consultees or the Government Office for the East of England and subject to the imposition and monitoring of appropriate conditions. (20) APPLICATIONS APPROVED UNDER DELEGATED POWERS The Committee noted item 17 of the officers’ reports. (21) APPLICATIONS REFUSED UNDER DELEGATED POWERS The Committee noted item 18 of the officers’ reports. (22) NEW APPEALS The Committee noted item 19 of the officers’ reports. Development Control Committee (West) 11 24 April 2008 (23) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS The Committee noted item 20 of the officers’ reports. (24) WRITTEN REPRESENTATIONS APPEALS - PROGRESS The Committee noted item 21 of the officers’ reports. (25) APPEAL DECISIONS The Committee noted item 22 of the officers’ reports. (26) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION 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. RESOLVED That the Committee undertakes a site inspection in respect of the following applications and that the local Member and Chairmen of the Parish Councils be invited to attend: RAYNHAM - 20080506 - Erection of fifty-eight dwellings; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited RAYNHAM - 20080507 - Conversion of hangers to twenty loft style holiday apartments; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited 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 RAYNHAM - 20080509 - Change of use of former mod buildings to community centre, creche health care clinic aviation museum and church; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited HELHOUGHTON - 20080510 - Use of building 28 as A1 (retail shop); RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited RAYNHAM - 20080511 - Use of former mod buildings as squash court and gymnasium and area 23 as tennis courts; RAF West Raynham Massingham Road West Raynham for Tamarix Investments Limited The meeting closed at 12.35 pm. Development Control Committee (West) 12 24 April 2008