30 APRIL 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
T H Moore
J D Savory
Mrs A C Sweeney
Mrs J Trett
R C Price - substitute for J H Perry-Warnes
Officers
Mr R Howe - Planning Legal and Enforcement Manager
Mr G Lyon - Acting Development Control Manager (West)
Mr G Linder - Senior Planning Officer (West)
Miss J Medler - Senior Planning Officer (West)
Mrs K Steventon - Enforcement Officer
(1)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
An apology for absence was received from Councillor J H Perry-Warnes.
substitute Member attended the meeting as shown above.
(2)
One
MINUTES
The Minutes of a meeting of the Committee held on 2 April 2009 were approved as a
correct record and signed by the Chairman.
(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 a planning application at Cley-next-the-Sea,
reference 20090288. The reason for urgency was to expedite the processing of this
application by undertaking a site inspection.
(4)
DECLARATIONS OF INTEREST
Councillor J D Savory declared an interest, the details of which are recorded under
the minute of the item concerned.
(5)
UPPER SHERINGHAM – 20071615 – Conversion of Former Public House to
Two Dwellings, Demolition of Outbuildings and Erection of Two-Storey
Dwelling; Former Red Lion Public House, The Street Upper Sheringham for
John Ashton’s Children’s Settlement
The Committee considered item 1 of the officers’ reports in respect of an
undetermined planning application which was brought before Members following a
request by the applicant to approve the development without the need to sign a
Section 106 Obligation.
Development Control Committee (West)
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30 April 2009
Public Speaker
Mr Woodrow (supporting)
The Acting Development Control Manager reported in detail the comments received
from the Chairman of Upper Sheringham Parish Council in response to comments
made by the applicant’s agent in his letter dated 7 April which was attached as an
appendix to the report.
The Acting Development Control Manager, having considered the key issues, on
balance recommended refusal of this application on grounds that the applicant had
failed to comply with the requirements of policy CT3 and that the material
considerations put forward by the applicant for not complying with the policy are not
sufficient to justify overriding the policy in this instance.
Councillor Mrs A C Sweeney, the local Member, stated that this was a very difficult
application which was causing a great deal of concern in the village. There was
particular concern that work would not take place on Usher’s Barn before the expiry
of the planning permission for its conversion. The Parish Council did not support the
request to approve the application without a Section 106 Obligation.
Councillor B Cabbell Manners stated that he had only supported the planning
application on the basis that the public house would be replaced.
Councillor Mrs A R Green considered that stalemate had been reached on this
matter. She considered that anyone would be wary about opening a public house
when so many were closing down.
The Acting Development Control Manager confirmed that the planning permission for
the conversion of Usher’s Barn would expire in September 2010. The applicants
could then apply to use Usher’s Barn for another purpose. If the current application
were refused the applicants could appeal against the decision. It would not however
guarantee that Usher’s Barn would be developed.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor J A Wyatt
and
RESOLVED by 8 votes to 1 with 1 abstention
That this application be refused on grounds that the applicant has failed
to comply with the requirements of policy CT3 and that the material
considerations put forward by the applicant for not complying with the
policy are not sufficient to justify overriding the policy in this instance.
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.
Development Control Committee (West)
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30 April 2009
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.
(6)
BINHAM - 20081110 - Variation of condition 8 of planning permission 20060688
to allow two pieces of plant to be stored on the wash-down facility at any time;
Manor Farm Field Dalling Road for Tracked Dumper Hire UK
Councillor J D Savory declared a prejudicial interest in this application as he had
business dealings with the applicant’s father’s business and vacated the Council
Chamber during consideration of this matter.
The Committee considered item 2 of the officers’ reports.
Public Speaker
Darren Cogman (supporting)
The Acting Development Control Manager stated that on the site visit he was
assured that vehicles would be stored with their trailers down which would reduce the
visual impact. He reported that an email had been received from Penny Alford
reiterating her view that the two vehicles on the wash-down area should be counted
towards the six allowed for the site, and requesting that vehicles are stored for one
day only with none over the weekend. He considered that it would be difficult to
place such a condition on this use.
Councillor Mrs J Trett, a local Member, supported this application provided that the
applicant adhered to all the conditions.
It was proposed by Councillor Mrs J Trett, seconded by Councillor B Cabbell
Manners and
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions.
(7)
BINHAM - 20081111 - Use of land for storage of no more than ten items of
tracked dumper hire plant; Manor Farm Field Dalling Road for Tracked Dumper
Hire UK
Councillor J D Savory declared a prejudicial interest in this application as he had
business dealings with the applicant’s father’s business and vacated the Council
Chamber during consideration of this matter.
The Committee considered item 3 of the officers’ reports.
Public Speaker
Juliet Case (Binham Parish Council)
Darren Cogman (supporting)
Development Control Committee (West)
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30 April 2009
The Acting Development Control Manager read to the Committee the full comments
of the Highway Authority, which objected to this application on highway safety
grounds. The applicants had failed to satisfy the Highway Authority in respect of
highway safety issues.
In response to claims by the supporting speaker regarding workshop use at the site,
the Acting Development Control Manager stated that the existing lawful use
certificate related to storage use only. There was no lawful use for workshops in
connection with the Tracked Dumper Hire business. He referred to enforcement
issues in respect of this site.
The Enforcement Officer explained that the Certificate of Lawfulness related to
storage use only. Whilst there was no objection to ancillary work such as cleaning,
topping up of fluids etc, the supporting speaker had stated that the site was operating
as a full maintenance workshop, which could no longer be considered ancillary and
would need to be addressed by the Council.
Councillor Mrs J Trett, a local Member, supported the Highway Authority’s
comments.
Councillor B Cabbell Manners stated that the business had been very successful and
was an example of farm diversification that had worked. However, he considered
that the business needed to relocate to a site with access to a main road.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor J A Wyatt
and
RESOLVED unanimously
That this application be refused on highway safety grounds.
(8)
BINHAM - 20090145 - Formation of hard standing for agricultural equipment;
Manor Farm Field Dalling Road for Taylor Farm Partnership
Councillor J D Savory declared a prejudicial interest in this application as he had
business dealings with the applicant’s father’s business and vacated the Council
Chamber during consideration of this matter.
The Committee considered item 4 of the officers’ reports.
Public Speaker
Paul Bothamley (supporting)
The Senior Planning Officer reported that a letter had been received from the
applicant’s agent confirming that the hard standing was intended to be used for
agricultural equipment. It was not intended for parking of Tracked Dumper Hire
vehicles.
Environmental Health had no objection to this application. The
Conservation, Design and Landscape Manager had no objection subject to a
condition in respect of planting.
The Senior Planning Officer recommended approval subject to the imposition of
appropriate conditions to include landscaping of the southern boundary.
It was proposed by Councillor B Cabbell Manners, seconded by Councillor T H
Moore and
Development Control Committee (West)
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30 April 2009
RESOLVED unanimously
That this application be approved subject to the imposition of
appropriate conditions to include landscaping of the southern
boundary.
(9)
THORNAGE - 20090081 - Continued siting of oil storage tank; Pen Cottage
Thornage Road Little Thornage for Mr Das Gupta
The Committee considered item 5 of the officers’ reports.
The Senior Planning Officer reported the comments of Councillor Mrs L M Brettle, the
local Member. Councillor Brettle had referred to concerns raised by Letheringsett
Parish Council and residents of Letheringsett, the neighbouring parish. She
supported this application.
The Senior Planning Officer stated that whilst the concerns of local residents and
Letheringsett Parish Council had been taken into account, it was considered that the
trellis and planting had helped to screen the tank.
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 retention of the trellis and appropriate
landscaping.
(10)
WALSINGHAM - 20090181 - Erection of garages and boat store; 45a
Scarborough Road for Mrs J Wilson
The Committee considered item 6 of the officers’ reports.
Public Speakers
Susan Stanley (objecting)
Janet Wilson (supporting)
The Senior Planning Officer reported that six further letters and emails had been
received from local residents in respect of the amended plan which had reiterated
their previous concerns, particularly in respect of the access and relationship of the
garage with the house and the effect on neighbouring properties. The Parish Council
had considered the amended plans and had been split in its view on this matter with
four members voting in favour and four against. The Highway Authority had no
objection as the proposal would use an existing access, provided that use of the
garage and boat store remained ancillary to the main dwelling.
The Senior Planning Officer stated that the applicant had a legal right to bring boats
onto the site which could be stored in the garden without the need for planning
permission. Conversion of the building to a holiday home would require further
planning permission.
Following comments made by the speakers, the Senior Planning Officer stated that
the access was not relevant to this application given the applicant’s existing rights.
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30 April 2009
Councillor T H Moore, the local Member, stated that he had spoken to the applicant
and some of the objectors. He understood the Senior Planning Officer’s comments
regarding the access. However, he commented on the narrowness of the road.
Councillor J D Savory stated that he used the road regularly and it was very narrow
at the access to this site which was on the brow of a hill. He proposed a site
inspection to consider the siting of the garage in relation to the dwelling.
Councillor S C Mears considered that the applicant had taken the trouble to ensure
that the siting of the building would not result in the loss of any trees and that the
building would be visually preferable to open storage. He considered that the access
was an insufficient ground on which to refuse this application. He proposed approval
of this application which was seconded by Councillor B Cabbell Manners.
Councillor J A Wyatt seconded Councillor Savory’s proposal for a site inspection as
an amendment.
Councillor T H Moore stated that in his opinion the site should be viewed.
On being put to the vote, the amendment was declared carried by 6 votes to 4 and
on being put as the substantive proposition it was
RESOLVED by 6 votes to 4
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.
(11)
WEYBOURNE - 20090029 - Conversion of games room to one unit of holiday
accommodation; The Stables Bolding Way for Mr Harrison
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 7 of the officers’ reports.
Public Speakers
Mr Harrison (supporting)
The Senior Planning Officer reported that an amended plan had been received in
response to concerns raised at the site inspection to delete the smaller bedroom. No
change was proposed to the elevations. Further information had been received from
the agent regarding water usage on the site. The Sustainability Officer was satisfied
that the proposal would comply with Policy EN6 subject to conditions to require the
measures to be implemented. The Highway Authority continued to object to the
proposal.
Councillor H C Cordeaux, the local Member, stated that the access was within the
20mph limit and was possibly one of the best accesses onto the A149 on this stretch
of road. He stated that permission had recently been given to convert one building
into three separate units.
Development Control Committee (West)
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30 April 2009
It was proposed by Councillor H C Cordeaux, seconded by Councillor S C Mears and
RESOLVED by 8 votes to 0 with 2 abstentions
That this application be approved subject to the imposition of
appropriate conditions.
Reason: Following a site inspection the Committee is aware of the
20mph speed restriction in the village and has taken the view that the
visibility at the access is acceptable and the access is adequate to serve
the unit.
(12)
APPLICATIONS APPROVED UNDER DELEGATED POWERS
The Committee noted item 8 of the officers’ reports.
(13)
APPLICATIONS REFUSED UNDER DELEGATED POWERS
The Committee noted item 9 of the officers’ reports.
(14)
NEW APPEALS
The Committee noted item 10 of the officers’ reports.
(15)
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
The Committee noted item 11 of the officers’ reports.
(16)
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
The Committee noted item 12 of the officers’ reports.
(17)
APPEAL DECISIONS
The Committee noted item 13 of the officers’ reports.
(18)
CLEY-NEXT-THE-SEA - 20090288 - Installation of first and second floor
windows and balconies; 1 Beau Rivage for Mr Johnson-Watts
The Chairman stated that he had determined that this item be considered as a matter
of urgency pursuant to the powers vested in him by Section 100B(4)(b) of the Local
Government Act 1972.
The Chairman stated that he had requested a site inspection because the building
was part of an iconic view of Cley-next-the-Sea.
RESOLVED
That consideration of this application be deferred to allow a site
inspection by the Committee and that the local Member and Chairman of
the Parish Council be invited to attend.
The meeting closed at 11.00 am.
Development Control Committee (West)
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30 April 2009