Agenda and minutes

Councillor Klute welcomed everyone to the meeting. Members of the Committee and officers introduced themselves.

Apologies were received from Councillor Clarke.

There were no declarations of substitute members.

If you have a Disclosable Pecuniary Interest* in an item of business:

§  if it is not yet on the council’s register, you must declare both the existence and details of it at the start of the meeting or when it becomes apparent;

§  you may choose to declare a Disclosable Pecuniary Interest that is already in the register in the interests of openness and transparency. 

In both the above cases, you must leave the room without participating in discussion of the item.

If you have a personal interest in an item of business and you intend to speak or vote on the item you must declare both the existence and details of it at the start of the meeting or when it becomes apparent but you may participate in the discussion and vote on the item.

*(a)  Employment, etc - Any employment, office, trade, profession or vocation carried on for profit or gain.

(b)    Sponsorship - Any payment or other financial benefit in respect of  your expenses in carrying out duties as a member, or of your election; including from a trade union.

(c)    Contracts - Any current contract for goods, services or works,    between you or your partner (or a body in which one of you has a beneficial interest) and the council.

(d)     Land - Any beneficial interest in land which is within the council’s area.

(e)     Licences- Any licence to occupy land in the council’s area for a month or longer.

(f)      Corporate tenancies - Any tenancy between the council and a body in which you or your partner have a beneficial interest.

 (g)    Securities - Any beneficial interest in securities of a body which has a place of business or land in the council’s area, if the total nominal value of the securities exceeds £25,000 or one hundredth of the total issued share capital of that body or of any one class of its issued share capital. 

This applies to all members present at the meeting.

There were no declarations of interest.

The order of business would be as per the agenda.

RESOLVED:

That the minutes of the meeting held on 5 November 2020 be confirmed as an accurate record of proceedings and the Chair be authorised to sign them.

Proposed use of mezzanine floor for food and drink uses in association with the retention of Ground Floor Market use (Sui Generis), with associated first floor access door and staircase (emergency escape) to south elevation, and creation of covered first floor terrace to the west elevation, together with the retention of first floor central glazing and built up brickwork to south elevation, retention of north flank first floor central glazing and brick wall enclosure and retention of alterations to rear extractor/plant equipment, louveredhed screen and associated works.

(Planning application number: P2020/0079/FUL)

In the discussion the following points were made:

·    The Planning Officer advised that the meeting that a further representation was received after the agenda was published, however the issues raised had already been addressed in the report.

·    Meeting was informed that officers would like to amend recommendation in condition 3 of the report, to read – ‘The ground floor of the market use hereby approved shall only be laid out and operated in accordance with the approved Use Class Plan – 21/01/21 ref: NHM2001. No less than 60% of the total ground floor units shall be in retail use at any one time. With the exception of a change to a non-retail use to a retail use, the units identified on the approved Use Class Plan – 21/01/21 ref: NHM2001 shall remain in the approved use only, unless otherwise agreed in writing by the Local Planning Authority.

·    Site is not listed nor is it located within a conservation area, however it is sited within the Nag’s Head Town Centre and with a Primary Retail Frontage.

·   The proposal seeks to regularise the use of the ground floor space which given the mix of retail, café/restaurant and hot food takeaway units together with the mezzanine uses would comprise a Sui Generis use.

·   The Planning Officer acknowledged that there are currently 45 units in total at ground floor level with a number of formerly separate units being amalgamated, it has a potential of increasing up to 65 units.

·    Members were informed that the mezzanine on the first floor is subject to a certificate of lawful development for the physical structure. The proposed use of the mezzanine although laid out and fitted out is not operational.

·    The planning officer reminded the meeting that a previous Certificate of Lawful Use application to demonstrate the existing lawful use of the site was for Sui Generis at the site  had been refused on the basis that insufficient evidence was submitted with the application.

·   Main issues for consideration are land use, it’s design, the impact of the scheme on the amenity of neighbouring residents, delivery and servicing, and highway and transport impacts.

·   Members were advised that although the entire use of the site is considered unauthorised at the moment it is operating as a Sui Generis use. The proposed mix of uses ensures that no less than 60% of the total ground floor units shall be in retail use at any time and any change to  ...  view the full minutes text for item 217.

Part retrospective application for the retention of storage containers, meter access door, and a ventilation flue to the south east elevation of the existing building, plus cladding of the containers and ventilation flue.

(Planning application number: P2020/0584/FUL)

In the discussion the following points were made:

·       The Chair reminded members that the application relates to the physical works and not to the uses on the site which is the case with item B1 and it should be dealt with independently.

·       Site is not listed and the property is not located within a Conservation Area and situated within the Nag’s Head Town Centre and Nags Head Primary Retail Frontage

·       The Planning Officer advised that the key issues for consideration relate to its design appearance and impact on the amenity of neighbouring residents.

·       Members were advised that the application addresses the reasons for the previous refusal and officers are now of the view that this is now considered an acceptable form of development.

·       The Planning Officer advised that the ventilation flue as amended, projects upwards at first floor level above the storage container. Members were advised that the flue as proposed would terminate at the eaves of the existing roof and would be reduced in height compared with the flue installed at the site.

·       Members were informed that the differences between the application and the refused application is the removal of the first floor container, a reduction in scale of the flue and the cladding of the containers.

·       To address concerns about the visual appearance, the Planning Officer advised that the proposal will now include the cladding of the containers with painted brick slips to be painted green to match the colour of the consented proposal for the renovation of the North and West entrances.

·       With regard to the impact of the proposal on the amenity of residents, meeting was advised that conditions have been included to address noise and odour concerns from the ventilation flue.

·       With regards to the location of the flue and its impact on neighbouring residents, the Planning Officer acknowledged that a noise assessment report was submitted with the application reviewed by the Council’s Environmental Team, that condition 4 in the report recommends noise levels ,while conditions 5 and 6  ensures that issues such as odour and air quality are addressed.

·       Reasons for refusal of a previous application for works as installed were its incongruous design and unsympathetic appearance of the containers and the scale and location of the storage containers. The decision was appealed and subsequently dismissed by the Inspector.

·       With regard to the external alterations and development to be retained, members were advised that the proposal is considered acceptable in design and this would not harm the character and appearance of the area. terms a

·       In response to concerns about the ventilation flue on the well being of residents, the agent informed the meeting that it is located at the south elevation and in close proximity to Hertslet Road and is 22metres further from neighbouring  ...  view the full minutes text for item 218.