13 APRIL 2006
Minutes of a joint meeting of the DEVELOPMENT CONTROL COMMITTEES (EAST &
WEST) held in the Council Chamber, Council Offices, Holt Road, Cromer at 9.30 am when
there were present:
Councillors
D Corbett (Chairman)
B Cabbell Manners
H C Cordeaux
C A Fenn
Miss P E Ford
Mrs A R Green
Mrs J A Howe
Mrs R R Massingham
J H Perry-Warnes
N P Ripley
Miss C P Sheridan
Mrs S Stockton
Mrs A M Tillett
Mrs J Trett
S K Welsh
Mrs C M Wilkins
S J Wright
J A Wyatt
R Combe - substitute for Mrs S L Willis
B G Crowe - substitute for J D Savory
Ms V R Gay - observer
B J Hannah - observer
P W Moore - observer
Officers:
Mr S Oxenham - Head of Planning and Building Control
Mr P Frew - Head of Democratic, Legal and Property Services
Mrs S Oxtoby - Head of Corporate Finance & Benefits
Mr A Mitchell - Development Control Manager (West)
Mr R Howe - Planning, Legal and Enforcement Manager
Mrs E Duncan - Legal Services Manager
Mr C Young - Senior Conservation and Design Officer
(1)
PROCEDURE FOR THE MEETING
The Chairman requested that it be noted that he had informed the members of the
public of the public speaking procedures for this meeting prior to its commencement.
(2)
APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS
Apologies for absence were received from Councillors Mrs S A Arnold, J D Savory
and Mrs S L Willis. Two substitute Members were in attendance as listed above.
(3)
ITEMS OF URGENT BUSINESS
The Chairman stated that there were no items of urgent business which he wished to
bring before the Committee.
(4)
DECLARATIONS OF INTEREST
Councillor J H Perry-Warnes declared an interest, the details of which are recorded
under the minute of the item concerned.
Joint Development Control Committees (East & West)
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13 April 2006
(5)
SHERINGHAM – 20030991 – Demolition of buildings, including dwellings and
erection of A1 retail foodstore with associated access, car parking, services
and landscaping; Land at Cromer Road for Tesco Stores Limited
Councillor Miss C P Sheridan referred to background information supplied by
Sheringham Chamber of Trade which included a briefing paper in which she had
been quoted as stating that her business in Stalham had reduced by 40% since
Tesco opened. She had made the comment in an interview by Friends of the Earth
in 2004. She wished to make it clear that this was only relevant to Stalham and that
she approached each application including those by Tesco in other towns with an
open mind.
The Chairman stated the Members had received a large amount of information and
correspondence from Sheringham Chamber of Trade, the past and present
Chairmen of the Chamber of Trade, Mr Hewitt and Miss Myers.
Councillor J H Perry-Warnes arrived during consideration of this application and the
Planning, Legal and Enforcement Manager advised him that in accordance with
paragraph 11.5 of the Council’s Planning Protocol he should not take part in the
meeting. Councillor Perry-Warnes apologised for his late arrival, having been
unavoidably delayed, and expressed disappointment that he could not participate.
The Committee considered item 1 of the officers’ report. Following the lodging of an
appeal against non-determination of the application the Committee was asked to
confirm the decision it would have made had it been so empowered.
Public Speakers
Mr McGinn (Sheringham Town Council)
Rev Durand, Mr Hewitt, Mr Treglown, Miss A Myers (objecting)
Mrs Blyth (supporting)
The Head of Planning and Building Control referred to the background to this matter
set out in the report and highlighted the main issues.
The Development Control Manager reported that 10 further letters of objection and
two further letters of support had been received from local residents following the
resolution of the Committee in September. Fourteen letters or copies of letters of
objection had been received since the lodging of the appeal from previous objectors
which had been sent to the Inspector.
A letter had been received from the
Sheringham Chamber of Trade urging the Committee to endorse its previous
decision to refuse this application and to which 22 letters of objection were attached.
The Development Control Manager stated that independent expert advice had been
sought from retail and highway consultants. He reported, in full, the conclusion
sections from each consultant’s report.
The Head of Democratic, Legal and Property Services reported that, at its meeting
on 3 April 2006, Cabinet had reconsidered the promotion of retail development on the
Station Car Park and had decided not to proceed with public consultation on the
development brief and that the future use of the land should be considered through
the Local Development Framework Site Specific consultations due to take place in
the Autumn 2006.
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13 April 2006
The Head of Planning and Building Control advised that in the light of the
consultants’ advice and the recent Cabinet decision he had to recommend to the
Committee that it should indicate that it would have approved this application subject
to agreement regarding the provision of a right turning facility if it could be designed
to the satisfaction of the Highway Authority, or if it could not, a T-junction,
agreements in respect of financial contributions, highway works and the footpath link,
to be secured by a Grampian condition, and subject to the imposition of conditions
that had been discussed previously.
The Development Control Manager responded to issues raised by the public
speakers with regard to the impact of the store on the town centre, highway issues
and the retail consultant’s report.
The Chairman reported the comments of Councillor Mrs S M Pointer, a local
Member. She acknowledged the need for an additional food store in the town of the
size already approved, and considered that the current application should be rejected
because of it size, location, traffic impact and effect on local shops. He also reported
that Councillor Mrs H T Nelson had stated that she could not attend because of her
involvement and because she had been disenfranchised by SCAMROD.
Councillor B J Hannah, a local Member, considered that the power to make a
decision had been taken away by delaying tactics. He did not oppose Tesco but
considered that it was the wrong site and would have a severe impact on traffic.
However, he did not consider that the Station Car Park would be an appropriate site
for a store.
Councillor C A Fenn stated that this application had to be considered against
planning policy.
Councillor Miss C P Sheridan stated that she had arrived with an open mind
regarding this application. Whilst Stalham, which already had a Tesco store, could
not be compared to Sheringham she considered that there were lessons which could
be learned from its experience. She stated that Tesco had not complied with
conditions regarding signage, which had resulted in signage being paid for by
residents of Stalham. She proposed that the Committee adhere to its previous
decision and indicate that it would have refused this application.
It was proposed by Councillor D Corbett, seconded by Councillor H C Cordeaux and
RESOLVED
That under Section 100A(4) of the Local Government Act 1972 the press
and public be excluded from the meeting for the following items of
business on the grounds that they involve the likely disclosure of
exempt information as defined in paragraph 5 of Part I of Schedule 12A
(as amended) to the Act.
The Planning, Legal and Enforcement Manager reported the opinion of Counsel on
the three putative reasons for refusal put forward at the meeting on 14 September
2005 and the reports from the retail and highway consultants. He stated that this
opinion had been given on the assumption that the sequentially preferable site at
Station Car Park was still available.
The Legal Services Manager updated the Committee on recent developments in
respect of legal issues which were relevant to the consideration of this matter but
were within the remit of the Cabinet.
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13 April 2006
The Officers advised the Committee on the likely outcome of the appeal and the
possible costs implications.
The officers answered Members questions in respect of the legal and financial
issues.
RESOLVED
That the press and public be readmitted to the meeting.
Councillor Miss C P Sheridan referred to the proposal she had made prior to
receiving advice under private business. She was extremely unhappy following the
advice and information the Joint Committee had received under private business and
as a result the situation was now very different.
It was proposed by Councillor Miss C P Sheridan, seconded by Councillor B Cabbell
Manners
That consideration of this matter be deferred for consideration by Full Council.
Councillor B Cabbell Manners considered that time was needed to reflect on the
advice and information given by the officers and that the decision was so important
that it should be considered by Full Council.
Councillor R Combe stated that he had listened to the arguments in favour and
against and heard the officers’ advice in respect of the Council’s chances on appeal.
He stated that the Committee had a responsibility to the whole of the District and that
the recommendation of the Head of Planning and Building Control should be
accepted.
As an amendment, it was proposed by Councillor R Combe, seconded by Councillor
C A Fenn
That the Planning Inspectorate be informed that if it had the power to do
so the Joint Committee would have approved this application, subject to
agreement in respect of the provision of a right turning facility if it could
be designed to the satisfaction of the Highway Authority, or if it could
not, a T-junction; finalisation of highway issues including a ‘rat run’
study and a Section 106 Agreement in respect of off-site highway works
to be funded by the applicant; provision of a footpath link prior to the
commencement of works on site to be secured by a Grampian
condition; and agreement on design and signage of the footpath link,
and subject to the imposition of appropriate conditions, to include
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highway matters;
landscaping;
materials;
3-hour parking and management plan;
cycle provision;
Environmental Health conditions;
replacement of fire station and community facilities prior to
demolition of the existing facilities;
restriction on total retail floor space to 1500 m2;
20% restriction on non-convenience floor space;
no mezzanine;
no external retail area;
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13 April 2006
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further details of lighting;
details of CCTV;
trolley management details;
pedestrian link and entrance details/provision;
no café;
control of advertisements;
after hours car park barrier to be provided on site; and
reuse of materials where possible and practical.
Councillor S J Wright questioned the legitimacy of referring this application to Full
Council for decision. He stated that Members of the Committee were fully trained
and had dealt with this application over a long period of time.
The Legal Services Manager stated that there was technically no reason why Full
Council could not make a decision on this application. However, not all Members
would know the history or be fully briefed on this matter. She also advised that the
Council would become increasingly vulnerable in terms of costs the longer a decision
were delayed. There was no provision in the budget for any costs in this matter,
which could be substantial, and the burden would fall on the Council taxpayers
throughout the District.
The amendment was put to the vote, and at the request of a Member, voting was
recorded as follows:
For the amendment
Councillors:
R Combe
D Corbett
B G Crowe
H C Cordeaux
C A Fenn
Mrs J A Howe
N P Ripley
Mrs J Trett
Mrs C M Wilkins
S J Wright
Against the amendment
Councillors:
B Cabbell Manners
Miss P E Ford
Miss C P Sheridan
(3)
Abstentions
Councillors:
Mrs A R Green
Mrs R R Massingham
Mrs S Stockton
Mrs A M Tillett
S K Welsh
J A Wyatt
(6)
(10)
The amendment was declared carried, and on being put as the substantive
proposition it was RESOLVED by 10 votes to 2 with 7 abstentions. At the request of
a Member, voting was recorded as follows:
For the amendment
Councillors:
R Combe
D Corbett
B G Crowe
H C Cordeaux
C A Fenn
Mrs J A Howe
N P Ripley
Mrs J Trett
Mrs C M Wilkins
S J Wright
Against the amendment
Councillors:
B Cabbell Manners
Miss C P Sheridan
(2)
Abstentions
Councillors:
Miss P E Ford
Mrs A R Green
Mrs R R Massingham
Mrs S Stockton
Mrs A M Tillett
S K Welsh
J A Wyatt
(7)
(10)
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13 April 2006
(6)
TETRA MAST AT NORTH WALSHAM POLICE STATION, YARMOUTH ROAD,
NORTH WALSHAM
HIGH COURT CASE
PENNINGTON –v1) THE FIRST SECRETARY OF STATE
2) NORTH NORFOLK DISTRICT COUNCIL
3) AIRWAVE MM02 LIMITED
Councillor J H Perry-Warnes declared a personal interest in this application as he
was a member of the Norfolk Police Authority.
The Committee considered item 2 of the officers’ reports updating the Committee on
recent developments in the High Court case relating to the Tetra mast at North
Walsham Police Station and explaining why the Council cannot prevent the
equipment being used.
RESOLVED
That the report be noted.
(7)
The Graham Allen Award for Conservation and Design
The Committee considered item 3 of the officers’ reports outlining the need to
establish a Working Party to act as the 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 the inspection and judging of the entries for the Graham Allen
Award for Conservation and Design take place on 21 July 2006 and the
Award Presentation take place on 28 September 2006.
2.
That the following Members be appointed to serve on the Graham Allen
Awards Working Party:
D Corbett
H C Cordeaux
Mrs A R Green
J H Perry-Warnes
Mrs A M Tillett
Mrs J Trett
Mrs C M Wilkins
Mrs S L Willis
J A Wyatt
Mrs H T Nelson (Portfolio Holder for Tourism, Arts, Built Heritage and
Licensing)
The meeting closed at 12.20 pm.
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13 April 2006