27 MARCH 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
T H Moore
J H Perry-Warnes
J D Savory
Mrs J P Moss - substitute for S C Mears
Mrs J Trett - substitute for Mrs A C Sweeney
M J M Baker - Holt Ward
Mrs L M Brettle - Glaven Valley Ward
Mrs H T Nelson - Portfolio Holder for Tourism and Built Heritage
Ms V R Gay - observer
Officers
Mr A Mitchell - Development Control Manager (West)
Mr R Howe - Planning Legal and Enforcement Manager
Mr G Lyon - Senior Planning Officer (West)
Mr G Linder - Senior Planning Officer (West)
Mrs P Wake - Senior Planning Officer (Policy)
(289) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors S C Mears and Mrs A C
Sweeney. Two substitute Members attended the meeting as stated above.
(290) MINUTES
The Minutes of a meeting of the Committee held on 28 February 2008 were
approved as a correct record and signed by the Chairman.
(291) ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which he wished to
bring before the Committee.
(292) DECLARATIONS OF INTEREST
Councillors H C Cordeaux, T H Moore, Mrs J P Moss, J D Savory, Mrs J Trett and J
A Wyatt declared interests, the details of which are given under the minute of the
item concerned.
Development Control Committee (West)
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27 March 2008
(293) 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
Councillor J D Savory reiterated the declaration he had made previously when he
had stated that he had met the applicant in November 2004. He had not attended
any public meetings that had been held in Langham and did not attend the Parish
Council meeting when its view on this application had been determined. His niece
attended the village school and his sister was a member of the transport group for
the school but he had not spoken to her on this matter. He also owned holiday
properties but these were in excess of four miles from the application site and he had
been advised that this was not a prejudicial interest.
Councillor Mrs J Trett declared a prejudicial interest in this application as her
daughter’s partner worked at the Bluebell Public House in Langham and this
proposal could have a positive or negative effect on the public house. She spoke as
a local Member but left the Council Chamber prior to discussion of this application.
The Planning Legal and Enforcement Manager stated that the above declarations
made by the local Members were consistent with previous declarations.
Councillor B Cabbell Manners stated that he knew Mr Green, Mrs Freeth and Mr
Allen and was a client of Mills and Reeve, the Solicitors acting for the objectors.
The Committee considered item 1 of the officers’ reports.
Public Speakers
Mr Sherriff (Langham Parish Council)
Objecting: Mr Green, Mr Hope, Mr Smith, Mrs Freeth
Supporting: Mr Johnston, Mr Allen
The Senior Planning Officer explained in detail issues regarding enabling
development. Further Counsel’s advice had been submitted by the objectors’
Solicitors and it would be necessary to seek further clarification from Strutt and
Parker in respect of the points raised and to reconsult Counsel acting on behalf of the
Council. He requested delegated authority to approve this application subject to
further satisfactory clarification from Strutt and Parker regarding the points raised in
David Forsdick’s further Advice of 17 March 2008 in consultation with the Council’s
Counsel’s advice, subject to the completion of a Section 106 Agreement to include
tying together the freehold of the cottages with the hotel, a phasing agreement,
agreement on the number of letting days, and to include highway improvements to
include vehicle activated signs, a 20 mph speed limit along North Street and the
imposition of appropriate conditions to include protected species mitigation
measures, all windows facing Langham Hall to be obscure-glazed and fixed, a
requirement to undertake an archaeological survey and the removal of permitted
development rights. The Highway Authority had agreed that a travel plan would be
required by condition rather than a Section 106 Agreement.
Councillor J D Savory, a local Member, welcomed the inclusion of a village shop and
the jobs that would be created in the tourism sector. He considered that there was
much benefit in the hotel proposal and the Committee had to make a balanced
decision as to whether there was a need for the number of cottages included in the
proposal.
Development Control Committee (West)
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27 March 2008
Councillor Mrs J Trett, also a local Member, referred to the facilities that had been
lost in the village. She stated that the proposal would reinstate the village shop,
create jobs locally and help to make the village more vibrant. She urged the
Committee to accept the officer’s recommendation.
The Planning Legal and Enforcement Manager stated that this application was very
controversial locally and that some of the issues had become personalised. He
stated that the fact that someone had a second home in Langham did not dilute their
objections. He requested that Members disregard whether the speakers were
permanent residents or not.
Councillor Mrs H T Nelson, Portfolio Holder for Tourism and Built Heritage, stated
that one of the Council’s priorities was year-round tourism and a broad spectrum of
tourism was needed. She referred to the importance of heritage to tourism.
Councillor B Cabbell Manners stated that in order for villages to remain vibrant it was
necessary to create jobs in villages and for families to live in them and support local
facilities. He considered that the proposed scheme could add life to the village and
enable residents to have jobs in the village. He considered that North Norfolk was
desperate for more hotel beds. He referred to the Strutt and Parker report and the
views of the officers, and considered that the current ‘credit crunch’ reinforced the
argument in favour of this application.
Councillor Mrs P Bevan Jones supported the views of Councillor Mrs Nelson and
Councillor Cabbell Manners.
Councillor Mrs A R Green supported the views of the objectors. She considered that
the proposal would not conserve or enhance the area and should be refused on
design grounds. She questioned the need for 23 cottages when the Strutt and
Parker report indicated that 15 would be sufficient.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor J H PerryWarnes and
RESOLVED by 7 votes to 1 with 1 abstention
That the Head of Planning and Building Control be authorised to
approve this application subject to further satisfactory clarification from
Strutt and Parker regarding the points raised in David Forsdick’s further
Advice of 17 March 2008 in consultation with the Council’s Counsel’s
advice, subject to the completion of a Section 106 Agreement to include
tying together the freehold of the cottages with the hotel, a phasing
agreement, agreement on the number of letting days, and to include
highway improvements to include vehicle activated signs, a 20 mph
speed limit along North Street and the imposition of appropriate
conditions to include protected species mitigation measures, all
windows facing Langham Hall to be obscure-glazed and fixed, a
requirement to undertake an archaeological survey and the removal of
permitted development rights.
Development Control Committee (West)
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27 March 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.
(294) BLAKENEY - 20080118 - Retention of dwelling incorporating revised design
details; Lost Plot Coronation Lane for Ms B Ward Jones
Councillor T H Moore and Councillor J A Wyatt declared a personal interest in this
application as they knew the applicant in her capacity as a member of the Standards
Committee.
The Committee considered item 2 of the officers’ reports.
Public Speakers
Mr Allen (objecting)
Ms Ward Jones (supporting)
The Senior Planning Officer recommended approval of this application subject to the
imposition of appropriate conditions to include a condition to prevent raising of the
floor level in the tower.
The Planning Legal and Enforcement Manager stated that as the applicant was a coopted member of the Standards Committee he had advised her that she had an
interest and that having spoken, she should vacate the Council Chamber. Having
received the advice she had left the Council Chamber.
Councillor Mrs L M Brettle, the local Member, expressed concern that the details of
the scheme had been altered without permission. She requested that the Committee
consider very seriously any alterations that would impinge any further on the rights of
the neighbours.
Councillor J H Perry-Warnes considered that this application should be refused.
Councillor B Cabbell Manners proposed that a letter of reprimand be sent to the
agent stating that changes of this nature from the approved plans will not be
tolerated. He considered the dwelling as built was acceptable subject to obscured
glazing being installed in the corners of the tower.
Councillor Mrs P Bevan Jones referred to the concerns of the neighbours regarding
their privacy. She suggested that the corners of the tower be blanked off.
Development Control Committee (West)
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27 March 2008
Councillor P W High proposed that the windows should be louvred as originally
approved. This was seconded by Councillor J D Savory.
Following advice from the officers regarding technical aspects of the design and
suggested amendments, it was
RESOLVED
1.
That the Head of Planning and Building Control be authorised to
approve this application subject to negotiating louvred glazing within
the existing casements and subject to the imposition of appropriate
conditions to include a condition to prevent raising of the floor level
within the tower.
2.
That a letter of reprimand be sent to the agent.
(295) CLEY-NEXT-THE-SEA - 20071941 - Erection of two-storey dwelling; Hill Top
House Hilltop for Mr W Garfitt
Councillor H C Cordeaux declared an interest in this application due to
acquaintanceship through past employment and left the Council Chamber during
consideration of this matter.
Councillor J A Wyatt (Vice-Chairman) in the Chair.
The Committee considered item 3 of the officers’ reports.
Public Speakers
Mr Kelham (Cley Parish Council)
Mr Fairplay (objecting)
Mr Garfitt (supporting)
The Senior Planning Officer reported that a letter had been received from the
applicant’s agent in respect of highway safety issues, which stated that there had
been no recorded injury accidents at the junction. The 30mph speed limit was not in
force at the time of the appeal and visibility had been improved by removing the
roadside hedge.
Councillor B Cabbell Manners stated that he had met the applicant five years ago.
He considered that the site could accommodate a dwelling but was concerned
regarding visibility at the junction for drivers turning left. He considered that
permission could not be given until the improvements had been carried out and
suggested that the applicant negotiate with the owner of land at the junction.
It was proposed by Councillor Mrs P Bevan Jones, seconded by Councillor P W High
and
RESOLVED by 8 votes to 0 with 1 abstention
That this application be refused in accordance with the recommendation
of the Head of Planning and Building Control.
Development Control Committee (West)
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27 March 2008
(296) CLEY-NEXT-THE-SEA - 20080256 - Demolition of summerhouse and erection of
replacement detached single-storey residential annexe (retrospective); Umgeni
Coast Road for Lady B Rathcaven
Councillor H C Cordeaux vacated the Chair during consideration of this application to
allow him to speak from the floor as local Member.
Councillor J A Wyatt (Vice-Chairman) in the Chair.
The Committee considered item 4 of the officers’ reports.
Public Speakers
Mr Kelham (Cley Parish Council)
Mr Woodcock (objecting)
Mrs Spickernell (supporting)
The Senior Planning Officer reported that 14 additional letters of objection had been
received and outlined the additional grounds of objection that had been raised in
those letters. He recommended approval of this application subject to the imposition
of appropriate conditions including restricting the use of the new building for
purposes ancillary to the residential use of the main dwelling known as Umgeni and
preventing it from being used as a separate dwellinghouse or for commercial use.
The Planning Legal and Enforcement Manager reported that a letter had been
received from a firm of solicitors acting on behalf of the applicant, which had been
addressed to the Legal Services Manager. He summarised the contents of the letter,
which questioned whether it was appropriate for Councillor H C Cordeaux to speak
as local Member when he had previously vacated the Chair and sat amongst the
Committee when the application was previously considered, which indicated that he
had an interest over and above that of a ward councillor. The letter suggested that
Councillor Cordeaux had aligned himself with the objectors to this application. It was
also claimed that Councillor Cordeaux had been on the site without the permission of
the landowner. The letter threatened that a complaint would be made to the
Standards Board.
The Planning Legal and Enforcement Manager explained it was convention of the
Development Control Committees for a Chairman to vacate the Chair to allow him or
her to speak as a local Member. In his opinion, Councillor Cordeaux did not have a
prejudicial interest. If he considered the objectors to be friends this could be a
personal interest. It was up to the Member to decide if he had a closed mind on the
issue, and if not he was entitled to speak and vote. Councillor Cordeaux had
confirmed that he had been on the site when accompanied by officers and had not
gone unaccompanied.
Councillor H C Cordeaux referred to concerns raised regarding possible permanent
residential use of the summerhouse. He stated that it was some distance from the
existing dwelling, had two fireplaces and would be fully fitted out with a kitchen,
bathroom and bedroom. He stated that the old summerhouse had been demolished
without permission, which negated the previous permission. The new building had
been built without permission. 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.
Development Control Committee (West)
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27 March 2008
It was proposed by Councillor H C Cordeaux, seconded by Councillor Mrs P Bevan
Jones and
RESOLVED unanimously
That consideration of this application be deferred to negotiate for a
single-storey building better related to the main dwellinghouse in a
position where it could be classified as an annexe.
(297) HIGH KELLING - 20080067 - Erection of detached garage; Humphries Corner 6
Pineheath Road for Mr and Mrs A Humphries
Councillor H C Cordeaux vacated the Chair during consideration of this application to
allow him to speak from the floor as local Member.
Councillor J A Wyatt (Vice-Chairman) in the Chair.
The Committee considered item 5 of the officers’ reports.
Councillor H C Cordeaux, the local Member, explained that he had seen the site and
requested that the Committee consider this application.
However, he now
considered that there was no reason to object further.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor Mrs J
Trett and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions.
(298) HOLT - 20080201 - Erection of dwelling and detached cart lodge; Jenis Barn
Thornage Road for Mr S Chapman
The Committee considered item 6 of the officers’ reports.
The Senior Planning Officer reported that the Conservation, Design and Landscape
Manager (Landscape) considered that the dwelling and garage would have a neutral
impact on the landscape.
Councillor P W High, a local Member, considered that a site inspection would be
appropriate in this case.
Councillor M J M Baker, also a local Member, referred to the personal circumstances
of the applicant and considered that everything possible should be done to assist
him.
Councillor B Cabbell Manners stated that if this application were approved it would
set a precedent for many similar applications. He proposed refusal of this application
in accordance with the officer’s recommendation.
The Development Control Manager explained that there was a straightforward policy
objection to this application. The application had not been made on the basis of an
affordable dwelling and no special justification had been put forward for a dwelling in
the Countryside.
Development Control Committee (West)
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27 March 2008
It was proposed by Councillor P W High, seconded by Councillor Mrs P Bevan Jones
and
RESOLVED by 6 votes to 2 with 2 abstentions
That consideration of this application be deferred to allow a site
inspection by the Committee and that the local Members and Chairman
of the Town Council be invited to attend.
(299) SHERINGHAM - 20071180 - Erection of twenty-two flats; Central Garage 49
High Street for Mr N J Wright
Councillor Mrs J P Moss declared a personal interest in this application as she
owned commercial property on Station Road.
The Committee considered item 7 of the officers’ reports.
The Senior Planning Officer reported that a letter had been received from an objector
in respect of the impact of the development, national policy and prematurity of the
application in terms of the Local Development Framework.
Councillor Mrs H T Nelson, Member for Sheringham South, stated that Councillor B J
Hannah, a local Member, was unable to attend the meeting but was in agreement
with the views of other Sheringham Members. She referred to comments she had
made at a previous meeting regarding the draft Conservation Area appraisal and
LDF. She referred to previous unsympathetic development that had taken place in
the town which in her opinion had desecrated parts of the town. She considered that
options for a mix of retail and residential development should be kept open. She
considered that there was an opportunity to do something very special for
Sheringham and stated that she would welcome a similar development to the
Courtyard development in the town.
Councillor Mrs J P Moss, Member for Sheringham South, supported the comments
made by Councillor Mrs Nelson. She welcomed the fact that the owners were
bringing the site forward for development. She considered that there was an
opportunity to create a superb facility for Sheringham which would also bring a
sustainable profit for the owners. She did not object to residential development but
considered it should be balanced.
Councillor Mrs P Bevan Jones, a local Member, quoted from PPS6 in respect of the
vitality and viability of town centres. She was grateful to the applicants for bringing
the site forward but considered that development should be balanced. She stated
that this site had been identified as a retail opportunity site in the Site Specific
Proposals preferred options report. She stated that Sheringham had an identified
need for 500m2 - 750m2 comparison goods floorspace and considered that the
Central Garage site was the only area in Sheringham which could accommodate it.
She proposed refusal of this application on grounds that it is contrary to Policy SS12
of the emerging Core Strategy, premature to the adoption of the Core Strategy,
contrary to PPS6 and fails to preserve or enhance the Conservation Area. This was
seconded by Councillor B Cabbell Manners.
The Development Control Manager stated that the Core Strategy document carried a
reasonable amount of weight. However, the Inspector’s binding report had not yet
been received and it was not known if Policy SS12 would remain in its current form.
The application should be considered primarily against current Local Plan policy,
Development Control Committee (West)
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27 March 2008
which would allow residential development on its own on the application site. The
Core Strategy set out in broad terms how Sheringham should be developed, but
detailed Site Specific Proposals were some way behind and had yet to be subject to
public consultation and examination.
The Senior Planning Officer (Policy) stated that the Site Specific Proposals were
some way off being afforded much weight. The Core Strategy could be taken into
account but it would not be formally adopted until July. She stated that the key issue
was whether the loss of this site would prejudice the aspirations for Sheringham or
whether an alternative site could be developed. She stated that the site was one of
the sequentially preferable sites for retail development and had been identified in the
Site Specific Proposals preferred options document.
Councillor P W High asked if it would be possible to defer this application pending
adoption of the Core Strategy, and whether the Core Strategy would give guidance
prior to the Site Specific Proposals.
The Development Control Manager explained that there was a risk that an appeal
would be lodged against non-determination of this application. Officers agreed with
Members that the site was suitable for a mixed-use development but the Council was
in a difficult situation in policy terms.
The Senior Planning Officer advised on possible reasons for refusal of the
application.
Councillor B Cabbell Manners considered that a development similar to Appleyard in
Holt would enhance the town.
Having considered the officers’ advice, it was proposed by Councillor Mrs P Bevan
Jones, seconded by Councillor B Cabbell Manners and
RESOLVED unanimously
That this application be refused on grounds that it would be prejudicial
to emerging Core Strategy Policy SS12, contrary to Planning Policy
Statement 6, the indicative details have failed to demonstrate that the
site could be developed in a way which will preserve or enhance the
character of the Conservation Area and the proposal could be
prejudicial to future Site Specific Proposals.
(300) WALSINGHAM - 20080050 - Change of use and conversion from
hostel/cafe/chapel to C2 (religious retreat), including construction of covered
walkway, new shopfront, additional dormer windows, bell cotte and
fenestrational changes; 47, 47a and 49 High Street for Mr P Hoye
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 items 8 and 9 of the officers’ reports.
The Senior Planning Officer reported that amended plans had been received. He
requested delegated authority to approve this application subject to no new planning
objections being received from the Parish Council in respect of the amended plans
and subject to the imposition of appropriate conditions.
Development Control Committee (West)
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27 March 2008
Councillor T H Moore, the local Member, expressed concern with regard to car
parking provision. He referred to the sensitive nature of the building and the need to
monitor very carefully any alterations that were carried out.
The Development Control Manager suggested that it might be better to defer
consideration of this application to await the further comments of the Parish Council
on the amended plan. With regard to car parking, he stated the number required
under the existing use could be higher than the proposed use.
RESOLVED
That consideration of these applications be deferred to await the further
comments of the Parish Council on the amended plan.
(301) WIGHTON - 20080021 - Erection of water treatment buildings; Wighton WTW
Wells Road for Anglian Water Services Limited
The Committee considered item 10 of the officers’ reports.
The Senior Planning Officer reported that an amended plan had been received. He
requested delegated authority to approve this application subject to no objection
being received from the Conservation, Design and Landscape Manager.
Councillor T H Moore, the local Member, had no objection to this application but
requested that the building should be screened by trees.
RESOLVED unanimously
That the Head of Planning and Building Control be authorised to
approve this application subject to no objection from the Conservation,
Design and Landscape Manager, negotiations in respect of landscaping
subject to the agreement of the local Member and subject to the
imposition of appropriate conditions.
(302) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION
The Committee noted item 11 of the officers’ reports.
RESOLVED
That consideration of the following application be deferred to allow an
inspection of the site by the Committee and that the local Member and
Chairman of the Parish Council be invited to attend:
MELTON CONSTABLE - 20080329 - Erection of forty dwellings; land off
Grove Road for Melton Constable Country Club
(303) APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 12 of the officers’ reports.
(304) APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 13 of the officers’ reports.
Development Control Committee (West)
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27 March 2008
(305) NEW APPEALS
The Committee noted item 14 of the officers’ reports.
(306) PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 15 of the officers’ reports.
(307) WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 16 of the officers’ reports.
(308) APPEAL DECISIONS
The Committee noted item 17 of the officers’ reports.
The meeting closed at 12.55 pm.
Development Control Committee (West)
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27 March 2008