OFFICERS REPORTS TO
JOINT MEETING OF DEVELOPMENT CONTROL COMMITTEE (EAST & WEST)
13 APRIL 2006
Each report for decision on this Agenda shows the Officer responsible, the recommendation
of the Head of Planning and Building Control and in the case of private business the
paragraph(s) of Schedule 12A to the Local Government Act 1972 under which it is
considered exempt. None of the reports have financial, legal or policy implications save
where indicated.
PUBLIC BUSINESS - ITEM FOR DECISION
1.
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
Following the lodging of an appeal against non-determination of the application the
Committee is asked to confirm the decision it would have made had it been so
empowered.
Background
This application was last considered by the Joint Development Control Committee on
14 September 2005. This was one of four applications for retail development within
the District considered at that meeting.
At that time the Committee resolved:“That the Head of Planning and Building Control be authorised to refuse this
application:
1) On the grounds that a store of this size is not needed for the town of Sheringham.
It is an inappropriate site as there is considered to be a sequentially preferable
site, it is likely to have a serious adverse impact on the vitality and viability of the
primary shopping area and raises issues of highway safety and traffic
management.
2) Subject to the Cabinet considering the promotion of retail development on the
Station Car Park in accordance with the planning permission granted on appeal
on the 4 December 2003.
3) Subject to Officers referring to Counsel for advice on the reasons for refusal,
including the highway reason since the Highway Authority does not oppose this
application.”
Following that resolution Officers sought advice from Counsel who advised that
independent expert advice should be obtained from retail and highway specialists,
bearing in mind that the County Council’s Highway and Retail specialists had not
objected to the application. Appropriate consultants were subsequently appointed;
their advice has been referred to Counsel as required by the Committee.
With regard to the promotion of retail development on the Station Car Park, (referred
to in paragraph 2 of the Council’s resolution), this matter was referred to the
Council’s Cabinet on the 7 November 2005. At that meeting the Cabinet resolved:“That the land at Station Car Park, Sheringham be developed and that a
development brief addressing the issues including car parking provision, the
development of a retail store, arrangements for a market and the provision of a rail
link be produced and reported to the Cabinet for consideration as soon as possible.”
Joint Development Control Committees (East & West)
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13 April 2006
Following that resolution a draft brief was prepared which was considered on 6
February 2006, when Cabinet agreed:1) As owner of the Station Road Car Park, to approve the Draft Development Brief
for purposes of public consultation.
2) To agree that consultation is undertaken as detailed in the report including the
following amendment to the wording of the question contained in the leaflet
(amendment show in italics)
“……. the development of a supermarket up to 1400m2 ……”
On 15 February 2006 agents acting on behalf of Tesco Stores Limited submitted a
planning appeal against non-determination of the application to the Planning
Inspectorate.
The lodging of the appeal against non-determination removes the ability of the
District Council to determine the application. In accordance with the timescales
operated by the Planning Inspectorate the Joint Committee is requested to indicate
the decision it would have made on the application had it been in a position to do so.
The Committee will be updated orally on the three putative reasons for refusal
previously advanced in the light of the consultants’ and Counsel’s advice and any
further consideration by Cabinet of the situation concerning the promotion of retail
development on the Station Road car park.
RECOMMENDATION:The Committee will be updated, following which an oral recommendation will
be made.
Source: (Andy Mitchell, Extn 6149 - File Reference: 20030991 tesco)
PUBLIC BUSINESS - ITEM FOR INFORMATION
2.
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
This report updates the Committee on recent developments in the High Court case
relating to the Tetra mast at North Walsham Police Station and explains why the
Council cannot prevent the equipment being used.
The Joint Committee will be aware that the legal challenge against the Inspector’s
decision to allow appeals and grant planning permission for the equipment mounted
on the mast at North Walsham Police Station was due to be heard in the High Court
on 3 April. This matter was last reported to the Joint committee on 16 March when it
was resolved:-
Joint Development Control Committees (East & West)
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13 April 2006
“1.
That the report and the recent developments in the High Court case be noted.
2.
That the officers be instructed to seek a written assurance from Airwave’s
Solicitors on behalf of their clients that upon issue of the Court Order and
remission of the appeals to the Secretary of State for re-determination, the
equipment mounted on the mast will be switched off as required by the Stop
Notice previously served.”
Following consideration by the Joint Committee, a letter was sent to Airwave’s
Solicitors in accordance with the above resolution. However, on 30 March the
Council was served with an Order of the High Court which “stays” the Stop Notice,
such that the Council is unable to prosecute Airwave O2 Limited for not complying
with that Notice and turning off the equipment. Copies of the formal Court order and
a press release issued by the Council on 31 March are appended for Members’
information (Appendix 1).
RECOMMENDATION:That the Committee notes the current position upon this matter.
Source: (Roger Howe, Extn 6016 – File Reference: Tetra-1)
PUBLIC BUSINESS – ITEM FOR DECISION
3.
The Graham Allen Award for Conservation and Design
This report outlines 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.
The Graham Allen Award for Conservation and Design was inaugurated in 1982 as a
memorial to the late Councillor G.S. Allen, first Chairman of North Norfolk District
Council. Since then it has been presented annually by the Council to the scheme
considered to make the most significant contribution to the built environment within
the District. Eligible projects can involve the conservation and restoration of historic
properties as well as new buildings which, through their design, make innovative use
of traditional building forms and detailing.
Under the NNDC Constitution, a Working Party has to be set up to consider, evaluate
and judge submissions under the award scheme, and make awards accordingly.
Membership of this Working Party is usually drawn equally from the East and West
Committees with the addition of a Chairman (who may be a member of either
Committee) agreed between them. The Working Party has generally comprised nine
Members, the relevant Portfolio Member, and a permanent representative from the
Allen family. It is proposed that this structure be repeated again with Mr Edward Allen
once again agreeing to be the permanent member following Mrs Blanche Allen’s
decision to step down two years ago. The closing date for entries is 30th June 2006.
It is suggested that the Working Party convenes on 21st July 2006 at the Council
Offices to consider and judge the entries. As in previous years, the day will
commence with a short presentation of all entries in the Council Chamber followed by
a tour of those short-listed. There will then be a brief plenary session back in the
Council Chamber on the merits of each scheme. The day will conclude with members
of the Working Party voting on the entries. The awards will then be presented at a
ceremony in September – suggested date 28th September 2006.
Joint Development Control Committees (East & West)
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13 April 2006
RECOMMENDATION:1.
That Members nominate a total of nine Councillors from the Joint
Development Control Committee to form the Graham Allen Award
Working Party, one of whom will be elected Chairman.
2.
That the dates for judging of entries and presentation of the awards be
accepted.
(Source: Chris Young, Extn: 6138 – File Reference: GA Award)
Joint Development Control Committees (East & West)
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13 April 2006