18 JANUARY 2007 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 J H Perry-Warnes N P Ripley Mrs A C Sweeney Mrs A M Tillett Mrs J Trett Mrs C M Wilkins Mrs S L Willis J A Wyatt R Combe - substitute for Mrs B McGoun B G Crowe - substitute for Mrs S A Arnold Mrs H T Nelson - Portfolio Member Officers: Mr S Oxenham - Head of Planning and Building Control Mr J Williams - Development Control Manager (East) Mr R Howe - Planning Legal and Enforcement Manager Mr M Ashwell - Senior Planning Officer Mrs P Wake - Senior Planning Officer (1) APOLOGIES FOR ABSENCE AND DETAILS OF SUBSTITUTE MEMBERS Apologies for absence were received from Councillors Mrs S A Arnold, Mrs B McGoun, J D Savory, Miss C P Sheridan, Mrs S Stockton, S K Welsh and P J Willcox. Four substitute Members attended the meeting as listed above. (2) ITEMS OF URGENT BUSINESS The Chairman stated that there were no items of urgent business which he wished to bring before the Committee. (3) DECLARATIONS OF INTEREST Councillor B Cabbell Manners declared a personal interest as he owned land in the Cromer area. (4) Local Plan – Saving Local Plan Policies pending the preparation of the Local Development Framework The Committee considered item 3 of the officers’ reports concerning the need to save current Local Plan policies pending their replacement with new policies in the Local Development Framework (LDF). Joint Development Control Committees (East & West) 1 18 January 2007 Councillor Mrs S L Willis referred to a recent application where she had asked for the provision of disabled parking spaces at a public house, to which the applicants had been reluctant to agree. She asked if the deletion of Policy 15: Access for people with disabilities to non-domestic buildings would give the applicants a reason to refuse to provide disabled parking spaces. The Senior Planning Officer stated that he was unsure as to whether the Disability Discrimination Act covered the provision of car parking spaces and suggested that if the issue was not covered elsewhere then Policy 15 be retained. Following discussion on Policy 99: Wind Turbines the Committee agreed that this policy should be retained. Councillor Mrs C M Wilkins considered that Policy 131: Tunstead Railway Halt should be retained to protect the land from development in case railway use increased in the future. The officers answered Members’ questions on issues relating to the current Local Plan policies on the following matters: • • • • • • • • Light pollution Surface water run-off The use of employment land for housing and the supply of employment land Safeguarding of public access to the North Walsham and Dilham Canal Protected species Zoning of areas for motorised water sports Developer contributions for the provision of play space Groundwater protection. The officers explained that it was not possible to amend current policies but any relevant issue could be taken into account when considering policies in the Local Development Framework. Councillor B Cabbell Manners requested clarity from the Highway Authority with regard to the Corridor of Movement policy, particularly with regard to development on roads off the Corridor of Movement. The Head of Planning and Building Control stated that subject to Norfolk County Council agreeing to make resources available, an officer of Norfolk County Council (Highways) would in future attend Development Control Committee meetings when there were highway objections to planning applications. RESOLVED That the officer recommendations contained in Appendix 2 to the report be endorsed except as set out below and that the matter be referred to Cabinet to seek authority to make a submission to the Government Office: Local Plan Policy 15: Access for people with disabilities to nondomestic buildings should be retained unless the provision of disabled parking facilities was covered elsewhere. Local Plan Policy 99: Wind Turbines should be retained. Local Plan Policy 131: Tunstead Railway Halt should be retained. Joint Development Control Committees (East & West) 2 18 January 2007 (5) Planning Policy Statement 3 - Housing The Committee considered item 1 of the officers’ reports which provided an introduction to and outlined the key areas of advice in PPS3, and the implications for the preparation of the Local Development Framework and the determination of planning applications. The Senior Planning Officer informed the Committee that PPS3 placed more emphasis on the delivery of housing. It was necessary for authorities to have five years’ land supply in place and be able to prove deliverability. He considered that prior to adoption of the LDF, speculative developers might put forward proposals for housing developments on the basis that insufficient land had been allocated. Therefore it was necessary to make rapid progress on the LDF to allow the release of land to be managed in a proactive way, rather than in response to planning applications, and to do more work on sites that had been allocated to ensure they were deliverable. Councillor B Cabbell Manners asked the Senior Planning Officer for his view on terraced housing as a way of delivering affordable dwellings. The Senior Planning Officer stated that the LDF Working Party was considering policies for housing mix. There would be a requirement to provide a number of smaller dwellings within developments of 10-15 dwellings. However, smaller market dwellings were not within the definition of affordable housing. To be affordable, the dwellings would have to be offered for sale below market value or at rents below the market rent. Councillor Mrs A M Tillett was concerned that development should not take place adjacent to Clifton Park and on the former Golf Practice Ground which would join Cromer with East Runton and Overstrand. She asked how the green space between the settlements could be defended. The Senior Planning Officer explained that additional flexibility did not mean lack of control unless insufficient land allocations were made. He emphasised the need to allocate sites as soon as possible so that such applications could be resisted. Councillor H C Cordeaux referred to the Housing Market Assessment and asked if account was being taken of vulnerable groups, such as frail elderly, when developing housing policies. The Senior Planning Officer stated that this matter would be considered at the meeting of the LDF Working Party on 29 January. It was intended that issues identified in the Housing Market Assessment would be reflected in the LDF policies. Councillor Mrs S L Willis expressed concern that mixed developments of elderly and young people could sometimes lead to social problems. The Senior Planning Officer explained that the new policies would give people a choice as to whether they wished to live in mixed or single-tenure developments. Councillor R Combe considered that the best method of providing affordable housing was through exceptions sites. RESOLVED That the report be noted. Joint Development Control Committees (East & West) 3 18 January 2007 (6) Planning Policy Statement 25 – Development and Flood Risk The Committee considered item 2 of the officers’ reports which outlined the key areas of advice in PPS25 and the implications for the preparation of the Local Development Framework and for determining planning applications. In response to a question the Senior Planning Officer stated that representations had been made to the Government in respect of coastal erosion but no greater emphasis had been placed on this issue in the new PPS25. Councillor Mrs S L Willis stated that coastal erosion and flooding was more likely than fluvial flooding in this area. She expressed concern that extensions to existing buildings were allowed in areas at high risk from flooding and asked if the Council would be at risk from litigation. She asked if the current flood maps were up to date. The Development Control Manager reported that at a recent Agents’ meeting an Environment Agency representative stated that the Agency was continually updating its maps but accepted that they were not perfect. He stated that Strategic Flood Risk Assessments would give a more detailed assessment of flood risk but would concentrate on settlements. PPS25 specifies that the sequential test does not apply to extensions but it is still a requirement to submit a Flood Risk Assessment. The Planning Legal and Enforcement Manager stated that the Authority had a duty of care which was discharged by referring applications to the Environment Agency. It was possible to mitigate the risk by asking for a comprehensive Flood Risk Assessment in cases where the Environment Agency objected to an application but the Committee wished to approve it. The Head of Planning and Building Control stated that coastal erosion was not covered by PPS25 but it was covered by other guidance. The Senior Planning Officer added that this issue would also be covered in the Coastal Area Action Plan which was being prepared as part of the LDF. Councillor Mrs Willis asked if the Internal Drainage Board could be of assistance. The Head of Planning and Building Control stated that a presentation by the Internal Drainage Board would be arranged after the forthcoming election. Councillor D Corbett expressed concern with regard to ‘dry islands’ within flood risk zone 3. He stated that these areas had poor infrastructure and in the event of flooding of the surrounding area water supplies could become contaminated and rescue could be difficult. He requested that LDF policy addresses dry islands. The Senior Planning Officer explained that the Environment Agency were in agreement with this view and had advised that dry islands should be considered in the same way as the surrounding area. Councillor Mrs C M Wilkins considered that the Council had to rely on its own policies to prevent the replacement of small dwellings in vulnerable areas with larger dwellings. Councillor D Corbett stated that current policy allowed the Authority to refuse applications for extension if they increased risk to life and property. He considered that this should be included in the new policies if the development would increase the number of people a dwelling could accommodate. Joint Development Control Committees (East & West) 4 18 January 2007 The Senior Planning Officer explained that in flood risk areas a flood risk assessment would be sought to indicate mitigation measures that would make the property safe. The Environment Agency would consider evacuation issues. RESOLVED That the report be noted. The meeting closed at 11.55 am. Joint Development Control Committees (East & West) 5 18 January 2007