25 JUNE 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)
B Cabbell Manners
Mrs A R Green
P W High
S C Mears
J H Perry-Warnes
Mrs A C Sweeney
Mrs J Trett
Mrs L Brettle - substitute for J D Savory
Mrs P Bevan Jones - Sheringham North Ward
Mrs H T Nelson - Sheringham South Ward
Mrs M Seward - observer
Officers
Mr S Oxenham - Head of Planning and Building Control
Mr G Lyon - Acting Development Control Manager (East)
Mr R Howe - Planning Legal and Enforcement Manager
Mr P Godwin - Conservation, Design and Landscape Manager
Mr M Ashwell - Planning Policy Manager
Mr G Linder - Senior Planning Officer (West)
Miss J Medler - Senior Planning Officer (West)
Mrs C Bye - Environmental Protection Officer
Mr S Case - Landscape Officer
Miss K Witton - Landscape Officer
Mr P Rhymes - Conservation and Design Officer
(38)
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.
(39)
MINUTES
The Minutes of a meeting of the Committee held on 28 May 2009 were approved as
a correct record and signed by the Chairman.
(40)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were four items of urgent business which he wished
to bring before the Committee, relating to:
1. A planning application at Briston, reference 20090530. The reason for urgency
was to expedite processing of the application by undertaking a site inspection.
2. The outcome of an enforcement case and appeal against a replanting notice at
Umgeni, Cley-next-the-Sea. The reason for urgency was to inform Members of
recent developments in the case.
Development Control Committee (West)
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25 June 2009
3. A request for a judicial review of the decision in respect of a planning application
at Langham. The reason for urgency was to inform Members of the outcome of a
High Court challenge by an objector.
4. An alleged breach of Hedgerow Regulations at Great Ryburgh. The reason for
urgency was to seek authority to commence prosecution proceedings.
(41)
DECLARATIONS OF INTEREST
Councillor S C Mears declared an interest, the details of which are recorded under
the minute of the item concerned.
(42)
Development Control Action Plan: Practice Note on Pre- and Post-Decision
Amendments to Planning Applications
Questioning of Public Speakers
The Committee considered item 1 of the officers’ reports which sought endorsement
from the Development Control Committees of a Practice Note on pre- and postdecision amendments to planning applications and an amendment to public speaking
arrangements at Committee for a trial period to enable questions to be asked of
public speakers.
RESOLVED unanimously
That the Committee (i) adopts the Practice Note on pre- and postdecision amendments to planning applications with effect from 1 July
2009 and (ii) agrees to allow strictly controlled questioning of public
speakers at meetings for a trial period of three months with effect from 1
September 2009.
(43)
The Graham Allen Award for Conservation and Design
The Committee considered item 2 of the officers’ reports which outlined the need to
establish a 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.
RESOLVED
1.
That a total of nine Councillors be nominated from West and East
Development Control Committees to form a judging panel for the
Graham Allen Award, one of whom will be elected Chairman.
2.
That the judging for the Awards take place on Friday 31 July 2009 with
the presentation to take place on Thursday 15 October 2009.
Development Control Committee (West)
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25 June 2009
(44)
FAKENHAM CONSERVATION AREA: Character Appraisal and Management
Proposals
The Committee considered item 3 of the officers’ reports which sought approval of
the draft Conservation Area Character Appraisal and Management Proposals for
Fakenham for public consultation.
The Conservation, Design and Landscape Manager introduced the report and
explained the background and purpose of the Character Appraisal and Management
Plan. He referred to a recent survey that had been carried out by English Heritage
which had identified threats to Conservation Areas.
The Conservation and Design Officer outlined the key characteristics of the
Fakenham Conservation Area and the key issues that had been identified.
Councillor Mrs H T Nelson, Portfolio Holder for Conservation, Design and
Landscape, stated that she and Councillor Ms V R Gay had attended the launch of
the Conservation Area Campaign. She stated that Conservation Areas were
important but they could not be preserved in aspic. Fakenham had been recognised
as an excellent example of improvements to the public realm. She stated that 200
people had been involved in the Whole Settlement Strategy process and she hoped
that more would become involved in the Conservation Area consultation. She
commended the draft Conservation Area Character Appraisal and Management
Proposals document to the Committee.
Councillor S C Mears, a local Member, stated that some areas were in a poor state,
such as the end of Norwich Road and Benbows.
He requested that the
Conservation, Design and Landscape team work with local pressure groups. He
stated that there were crime and disorder problems in the town. This led to damage
which spoilt the look of the Conservation Area.
The Conservation, Design and Landscape Manager stated that Councillor Mrs G M D
Lisher had mentioned a number of areas which were in a poor condition. He stated
that buildings had to be in very poor repair before a repairs notice could be served.
However, he intended to write to the owners of the properties concerned to inform
them of their responsibilities, which was the first stage in taking direct action.
Councillor S C Mears stated that some of the Council’s own assets required
attention.
The Chairman thanked the officers for an excellent report.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor S C
Mears and
RESOLVED
1.
That the Draft Character Appraisal and Management Plan incorporating
proposed boundary changes and Article 4(2) directions outlined in the
body of this report be approved for public consultation purposes.
2.
That following consultation, the amended Fakenham Conservation Area
Character Appraisal and Management Proposals be brought back before
Committee for final adoption.
Development Control Committee (West)
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25 June 2009
(45)
SHERINGHAM – Tree Preservation Order (Sheringham) 2009 No.2 Hadley
Morley Road North
The Committee considered item 4 of the officers’ reports in respect of the
confirmation of a Tree Preservation Order (TPO) at the above site subject to a
modification to change the description from Cedar to Monterey Cypress.
Councillor Mrs H T Nelson, a local Member, considered that it was important to retain
the tree. She supported confirmation of the Order as recommended.
Councillor Mrs P Bevan Jones, Member for Sheringham North, also supported the
recommendation.
It was proposed by Councillor B Cabbell Manners, duly seconded and
RESOLVED
That Tree Preservation Order (Sheringham) 2009 No.2 be confirmed
subject to a modification to change the description from Cedar to
Monterey Cypress.
(46)
High Kelling – 20081193 – Extension of Care Home to Provide Four, TwoPerson and Eight One-Person Single-Storey Units; Pineheath Nursing Home,
Cromer Road
The Committee considered item 5 of the officers’ reports which sought reconfirmation
of a decision to approve this application following receipt of further clarification from
the applicant.
The Acting Development Control Manager stated that the applicant’s agent had
confirmed that the applicant would accept a condition limiting access to the main
western access only and not as stated in the report. He reported that an email had
been received from the Clerk to High Kelling Parish Council who was concerned that
there had been insufficient time for the Parish Council to comment on the proposal.
He requested delegated authority to approve this application subject to no new
grounds of objection from High Kelling Parish Council, the completion of a Section
106 Obligation to ensure that the new units remained ancillary to the existing care
home and the imposition of appropriate conditions including restricting vehicular
access to the main western access.
It was proposed by Councillor H C Cordeaux, seconded by Councillor B Cabbell
Manners and
RESOLVED
That consideration of this application be deferred to await a response
from High Kelling Parish Council.
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.
Development Control Committee (West)
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25 June 2009
Background papers, including correspondence, petitions, consultation documents,
letters of objection and those in support of planning applications were available for
inspection at the meeting.
Having regard to the above information and the report of the Head of Planning and
Building Control, the Committee reached the decisions as set out below.
Applications approved include a standard time limit condition as condition number 1
unless otherwise stated.
(47)
FAKENHAM - 20090468 - Erection of four dwellings; rear of 37, 39 and 41
Sculthorpe Road for Mr and Mrs Jackson, Mr and Mrs Konash and Mr and Mrs
Barnes
Councillor S C Mears declared a personal interest in this application as he had
accompanied Councillor Mrs M Fleming when she had visited local residents in
connection with this application.
The Committee considered item 6 of the officers’ reports.
Public Speaker
Mrs Konash (supporting)
The Senior Planning Officer reported that Anglian Water had confirmed that both foul
and surface water systems could cope and the water supply was adequate to serve
the development. A letter had been received from a local resident expressing similar
concerns to those contained in the report. Further details of the visibility splay had
been submitted and the comments of the Highway Authority were awaited. An email
had been received from the Norfolk Wildlife Trust expressing concern that the
removal of the trees could have an impact on protected species and requesting that
an ecological assessment be carried out.
The Development Control Manager requested delegated authority to approve this
application subject to the submission of a satisfactory ecological assessment, no
objections from the Highway Authority and subject to the imposition of appropriate
conditions.
In answer to a question the Landscape Officer confirmed that the trees had the
potential to harbour bats and it was appropriate to carry out an ecological
assessment.
Councillor S C Mears, a local Member, reported the comments of Councillor Mrs M
Fleming, also a local Member, who supported the concerns raised by the objectors to
this application.
Councillor B Cabbell Manners considered that the proposal was sensible and that the
indicative layout was attractive.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor J H PerryWarnes and
Development Control Committee (West)
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25 June 2009
RESOLVED by 6 votes to 0 with 3 abstentions
That the Head of Planning and Building Control be authorised to
approve this application subject to the submission of a satisfactory
ecological assessment, no objections from the Highway Authority and
subject to the imposition of appropriate conditions.
(48)
RYBURGH - 20090432 - Conversion and extension of former granary to form
nine affordable residential dwellings; The Granary Station Road Great Ryburgh
for Michael McNamara Associates
The Committee considered item 7 of the officers’ reports.
Public Speaker
Mr McNamara (supporting)
The Senior Planning Officer reported that Great Ryburgh Parish Council supported
this application. The Highway Authority had confirmed that it had no objection and
could not raise a sustainable objection to the slight shortfall in parking provision.
The Senior Planning Officer reported in detail the comments of the Environmental
Protection Officer in respect of the proposed ventilation scheme. The Environmental
Protection Officer objected to the application on noise grounds given the applicant’s
intention to provide opening windows and passive ventilation to the bedrooms and
the possible impact on the adjacent Crisp Maltings business and other businesses in
the event of complaints. She had requested that mechanical purge ventilation be
provided to the bedrooms and non-opening windows which the applicant was
unwilling to accept.
The Planning Legal and Enforcement Manager stated that in all other respects this
was an ideal application to provide an affordable housing scheme which a Housing
Association was willing to take on. However, there was an outstanding issue with
regard to the bedroom ventilation. He explained that in the event of complaints from
the occupiers and a statutory nuisance being found the adjacent businesses could be
jeopardised.
The Environmental Protection Officer was not happy with the
applicant’s ventilation scheme as she considered that it would not prevent such
complaints.
The Senior Planning Officer requested delegated authority to approve this application
subject to further legal advice and further discussions between Legal Services,
Development Control and Environmental Health.
The Environmental Protection Officer referred to her comments as read by the Senior
Planning Officer and emphasised that mechanical ventilation would be required by
Building Control if windows were sealed shut.
Councillor Mrs A R Green, the local Member, supported the applicant’s views
regarding ventilation. She considered that modern windows would shut out noise
when closed and the occupiers should be able to choose whether or not to open
them. She stated that there had been very few complaints regarding the business
from existing residents near to the site. She proposed approval of this application.
Councillor S C Mears considered that the proposed development was a very good
scheme and much needed. He seconded the proposal.
Development Control Committee (West)
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25 June 2009
Councillor B Cabbell Manners suggested that prospective tenants should be made
aware of the proximity of the business and that there could be some noise.
Councillor Mrs A C Sweeney considered that sealed bedroom windows would be a
fire risk.
Councillor Mrs P Bevan Jones, speaking as Cabinet Member for Strategic Housing,
stated that there was a dire need for affordable housing and considered that this
application should not be delayed because of the issue regarding the windows.
The Head of Planning and Building Control stated that if statutory nuisance occurred
it could threaten the Crisp Maltings business. He advised the Committee of the need
to balance the issues and that in officers’ opinion a more precautionary approach
should be taken.
In answer to a question the Environmental Protection Officer explained that
complaints had occurred in the 1990s and had been from residents to the west and
south of the Maltings site.
The Planning Legal and Enforcement Manager considered that as the proposed
dwellings were likely to be let to local people prospective tenants should already be
aware of the issues. He considered that it would not be possible to impose a
condition to prevent complaints. However, it was reasonable to ask that prospective
tenants were advised regarding the proximity of the Maltings.
It was proposed by Councillor Mrs A R Green, seconded by Councillor S C Mears
and
RESOLVED unanimously
(49)
1.
That the Head of Planning and Building Control be authorised to
approve this application to include opening windows and passive purge
ventilation, which are subject to further clarification, and subject to
further legal advice regarding the noise issues and implications for the
adjacent Crisp Maltings, clarification of bin storage proposals,
resolution of issues regarding contaminated land and subject to the
imposition of appropriate conditions.
2.
That the Housing Association be requested to advise all prospective
tenants of the proximity of the Crisp Maltings business and likelihood of
noise.
SHERINGHAM - 20081228 - Conversion of A1 (retail shop) to two-storey
dwelling and relocation of bin-store; Barber's Shop to rear 22 Station Road for
Museum Cottages
The Committee considered item 8 of the officers’ reports.
Public Speaker
Mr McGinn (Sheringham Town Council)
The Acting Development Control Manager requested delegated authority to approve
this application subject to resolution of bin storage issues and subject to the
imposition of appropriate conditions.
Development Control Committee (West)
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25 June 2009
Councillor Mrs P Bevan Jones, a local Member, considered that the materials were
not in keeping and referred to the concerns expressed by the Town Council. She
requested a site inspection. Councillor Mrs H T Nelson, Member for Sheringham
South Ward, supported her comments.
Councillor B Cabbell Manners considered that the proposed dwelling would be too
small with no amenity space and that the application should be refused.
The Acting Development Control Manager explained that the building met the
relevant criteria and the adjacent museum cottages had no amenity space.
It was proposed by Councillor B Cabbell Manners, 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.
(50)
SHERINGHAM - 20090203 - Erection of two semi-detached two-storey
dwellings; Garage Court Lawson Way for Flagship Housing Group
The Committee considered item 9 of the officers’ reports.
Public Speaker
Mr McGinn (Sheringham Town Council)
The Senior Planning Officer reported that an amended plan had been received which
indicated a wider footpath. The Community Safety Manager had confirmed that she
had no objection to the application as there were 18 dwellings with rear windows
overlooking the playing field. The Highway Authority had no objection. He
recommended approval of this application subject to the imposition of appropriate
conditions to include the use of obscured glazing in the ground and first floor
windows to each gable.
Councillor Mrs P Bevan Jones, a local Member, stated that part of the site was used
informally by children as a skateboard park. She considered that the Flagship
Housing Group should be requested to provide compensatory facilities on the playing
field.
Councillor Mrs H T Nelson, Member for Sheringham South Ward, supported this
application.
It was proposed by Councillor S C Mears, seconded by Councillor B Cabbell
Manners and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include the use of obscured glazing in the
ground and first floor windows to each gable.
Development Control Committee (West)
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25 June 2009
(51)
WELLS-NEXT-THE-SEA - 20090333 - Erection of single-storey dwelling with
accommodation in roofspace; Wingate Two Furlong Hill for Mrs Richards
The Committee considered item 10 of the officers’ reports.
Public Speaker
Mrs Price (objecting)
The Senior Planning Officer reported that the Highway Authority considered that the
application would only be acceptable subject to a legal agreement between the
applicant and her neighbour at “Beechbank” to ensure the implementation and
maintenance of the required visibility splays. In the absence of such an agreement
the Highway Authority would maintain its objection to this application. An email had
been received from the owners of the neighbouring property raising concerns that the
widening of the access would possibly cause damage to the boundary of their
property and compromise their security, and also concerns regarding a tree at the
gateway. A plan had been received from the applicant’s agent indicating the
relationship between the proposed dwelling and adjacent dwellings.
The Senior Planning Officer requested delegated authority to approve this application
subject to the completion of a Section 106 Agreement between the applicant and the
neighbour at “Beechbank” for the satisfactory provision and maintenance of the
visibility splay at the access and subject to the imposition of appropriate conditions.
Councillor Mrs J Trett, a local Member, expressed concern that the proposed
dwelling would have an adverse impact on the conservatory to “Shingles” and that
the proposed sewage treatment plant would be close to the neighbouring garden.
The Senior Planning Officer stated that the Environment Agency had no objection to
the sewage treatment plant. Building Control had no objection in principle subject to
submission of details.
It was proposed by Councillor P W High, duly seconded and
RESOLVED unanimously
That this application be refused on grounds of overdevelopment by
reason of excessive size and height which will cause detriment to
neighbouring properties by loss of light, overshadowing and
overbearing impact.
(52)
APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
RESOLVED
That consideration of the following applications be deferred to allow site
inspections by the Committee and that the local Members and
Chairmen/Town Mayor of the Parish/Town Councils be invited to attend:
CORPUSTY - 20090398 - Siting of timber dwelling for supervisor of
agricultural/horticultural /agro-forestry unit; Land at Lock Farm Road for
Mr A Den Engelse
Development Control Committee (West)
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25 June 2009
CORPUSTY - 20090467 - Erection of agricultural/horticultural buildings
and wind turbine and construction of roads, terraces and soil bund;
Woodfruits Lock Farm Road for Woodfruits
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
THORNAGE – 20090454 – Conversion redundant farm buildings to A1
(Retail), B1 (Business) and D2 (Leisure) Breck Farm Barns Fakenham
Road for Mr D Astley
BRISTON - 20090530 - Construction of revised parking area and access
road; Plots 73 to 77 Jewel Close for Lomax Homes Ltd (This application
was deferred for a site inspection under the urgent business provisions)
(53)
APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 12 of the officers’ reports.
(54)
APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 13 of the officers’ reports.
(55)
NEW APPEALS
The Committee noted item 14 of the officers’ reports.
(56)
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 15 of the officers’ reports.
(57)
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 16 of the officers’ reports.
(58)
APPEAL DECISIONS
The Committee noted item 17 of the officers’ reports.
(59)
BRIEFING - PROGRESS ON THE REVIEW OF RURAL BUILDINGS AS
DWELLINGS POLICY
The Planning Policy Manager updated the Committee on progress on the review of
the Rural Buildings as Dwellings policy, answered Members’ questions and received
feedback on the proposals to be put forward for public consultation.
ITEMS OF URGENT BUSINESS
The Chairman stated that he had determined that the following items be considered
as a matters of urgency pursuant to the powers vested in him by Section 100B(4)(b)
of the Local Government Act 1972.
Development Control Committee (West)
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25 June 2009
(60)
CLEY-NEXT-THE-SEA - Appeals against an Enforcement Notice and Replanting
Notice at Umgeni, Coast Road
The Planning Legal and Enforcement Manager reminded the Committee that
following refusal against the officer’s recommendation of permission to retain a partly
reconstructed summerhouse which had not been built in accordance with a previous
planning permission, an Enforcement Notice had been served on the owner. The
owner had appealed against both the refusal of planning permission and the
Enforcement Notice. Subsequent to this the applicant submitted a further planning
application to retain the summerhouse, which was approved in accordance with the
officer’s recommendation, following which the Enforcement Notice was withdrawn. A
costs application had been made by the applicant’s solicitors and an award of costs
made against the Local Planning Authority for unreasonable behaviour. Following
negotiations by the Planning Legal and Enforcement Manager a figure of
approximately £8,000 was agreed, reduced from £12,000. The Planning Legal and
Enforcement Manager stated that whilst this was regrettable it was only the second
award of costs on a planning case against the Authority in the life of the current or
previous Council.
The Planning Legal and Enforcement Manager stated that a further dispute with the
same landowner in respect of a sycamore tree subject to a Tree Preservation Order
which had been deliberately damaged by her had been more successful.
The Countryside Officer explained that the landowner had requested permission to
remove the damaged tree, which was agreed subject to a suitable replacement being
planted, and the Committee had authorised the serving of a Replanting Notice. The
landowner had appealed against the Replanting Notice on the basis that the
replanting scheme was inappropriate for the site and it was poor arboricultural
practice to plant another sycamore. The Inspector had ruled in favour of the
Authority and the landowner will be required to plant another tree by March 2010.
The Committee noted the outcome of both cases.
(61)
LANGHAM – 20060770 - Conversion and extension of buildings to provide
hotel and village shop and erection of twenty-three holiday cottages; Former
Glass Factory North Street for Avada Country Homes
The Planning Legal and Enforcement Manager reported that an objector had applied
to the High Court for a judicial review of the decision to approve this application on
grounds relating to the enabling development issue, impact of the development on
the Area of Outstanding Natural Beauty and Conservation Area, and policy issues.
The Council had submitted a comprehensive rebuttal document. However, the
Judge had agreed there was an arguable case and granted permission for a full
Judicial Review of the decision.
The Planning Legal and Enforcement Manager stated that it was likely to be four to
five months before the Judicial Review took place. The Planning Legal and
Enforcement Manager considered that the Council should defend this case. Whilst it
would be necessary to employ a Barrister, costs would be recoverable in the event of
the case being determined in the Council’s favour. The Committee will be updated
as to progress on this case.
The Committee noted the situation.
Development Control Committee (West)
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25 June 2009
(62)
GREAT RYBURGH - Breach of Hedgerow Regulations
The Countryside Officer reported that part of an important hedge had been removed
adjacent to the old railway line in Great Ryburgh. He explained the circumstances of
this case and requested authority to investigate the matter and, if appropriate, to
commence prosecution proceedings under the Hedgerow Regulations and
Conservation Area Regulations for the removal of the hedge.
RESOLVED
That the Head of Planning and Building Control be authorised to
investigate and, if appropriate, to commence prosecution proceedings
under the Hedgerow Regulations and Conservation Area Regulations
for the removal of the hedge.
The meeting closed at 12.45 pm.
Development Control Committee (West)
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25 June 2009