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Planning Regulatory Committee Date: Friday, 22 May 2009 Time: 10.00am Venue: Edwards Room, County Hall, Norwich Persons attending the meeting are requested to turn off mobile phones. Membership Mr C Armes Mr P Hacon Mr D Baxter Mr D Harrison Dr A Boswell Mr C Joyce Mr D Callaby Mrs T Paines Mr S Dorrington Mr J Rogers Mrs J Eells Mr J Shrimplin Mrs I Floering Blackman Mr M Wright Mr A Gunson For further details and general enquiries about this Agenda please contact the Committee Officer: Lesley Rudelhoff Scott on 01603 222963 or email [email protected] Where the County Council have received letters of objection in respect of any application, these are summarised in the report. If you wish to read them in full, Members can do so either at the meeting itself or beforehand in the Department of Planning and Transportation on the 3rd Floor, County Hall, Martineau Lane, Norwich. Planning Regulatory Committee 22 May 2009 A g e n d a 1. To receive apologies and details of any substitute members attending. 2. Minutes: To receive the Minutes of the last meeting held on 24 (Page 1) April 2009 3. Members to Declare any Interests Please indicate whether the interest is a personal one only or one which is prejudicial. A declaration of a personal interest should indicate the nature of the interest and the agenda item to which it relates. In the case of a personal interest, the member may speak and vote on the matter. Please note that if you are exempt from declaring a personal interest because it arises solely from your position on a body to which you were nominated by the County Council or a body exercising functions of a public nature (e.g. another local authority), you need only declare your interest if and when you intend to speak on a matter. If a prejudicial interest is declared, the member should withdraw from the room whilst the matter is discussed unless members of the public are allowed to make representations, give evidence or answer questions about the matter, in which case you may attend the meeting for that purpose. You must immediately leave the room when you have finished or the meeting decides you have finished, if earlier. These declarations apply to all those members present, whether the member is part of the meeting, attending to speak as a local member on an item or simply observing the meeting from the public seating area. 4. To receive any items of business which the Chairman decides should be considered as a matter of urgency 5. Minerals and Waste Applications referred to Committee for Determination Reports by The Director of Environment, Transport and Development a. C/1/2009/1001:Erection of Welfare Facilities Building and Re-use (Page 7) Shelter, Hempton Waste Recycling Centre, Hempton b. C/3/2007/3044: Longham/Beeston with Bittering: Land at Bittering (Page 15) Quarry: Continuation and extension of mineral working; continuation of existing plant site; construction of silt lagoons; restoration of site to agriculture, woodland and nature conservation uses: Tarmac Southern Limited Planning Regulatory Committee 22 May 2009 6. Developments by the County Council a. Y/7/2009/7005: Formation of Timber Framed and Canvassed Roof (Page 47) Covered Outdoor Play Area together with Double Doors from the Classbase to outside, Talconeston Primary School, Norwich Road Report by the Director of Environment, Transport and Development Group Meetings Conservative 9.00am Colman Room Liberal Democrats 9.00am Room 532 Chris Walton Head of Democratic Services County Hall Martineau Lane Norwich NR1 2DH Date Agenda Published: 14 May 2009 If you need this report in large print, audio, Braille, alternative format or in a different language please contact Lesley Rudelhoff Scott on 01603 222963 or Textphone 0844 8008011 and we will do our best to help. Planning Regulatory Committee Minutes of the Meeting Held on 24 April 2009 Present: Mr C Armes Mr D Harrison Mr D Baxter Mr C Joyce Dr A Boswell Mrs T Paines Mr D Callaby Mr J Rogers Mrs J Eells Mr J Shrimplin Mrs I Floering Blackman Mr A Wright - Substitute Mr A Gunson Mr M Wright Also in Attendance: Mr P Crick Planning and Transportation Mr M Dale Planning and Transportation Mr D Higgins Planning and Transportation Ms S Jenkinson Legal Services Mr N Johnson Planning and Transportation Ms N Levett Planning and Transportation 1. Apologies and Substitutions: Apologies were received from Mr Dorrington and Mr A Wright substituted. 2. Minutes The minutes of the meeting held on 20 March 2009 were agreed by the Committee and signed by the Chairman. 3. Declarations of Interest Mr Gunson declared a personal interest in Item 5a as he was the Director of Whitlingham Country Park and whilst the site of the application did not go through the Park, there was a common boundary between the site and the Park. Mr Rogers declared a personal interest in Item 5b as he was a Member of Breckland District Council. Planning Regulator Committee – 24 April 2009 4. To receive any items of business which the Chairman decides should be considered as a matter of urgency There were none. 5.a Minerals and Waste Applications referred to Committee for Determination C/7/2008/7043: Kirby Bedon: Whitlingham WTC The annexed report by The Director of Environment, Transport and Development was received. The Chairman stated that he had received a letter of objection to the application from Able Care but no mention of this was made in the report. The Planning Services Manager was given the letter to read and stated that the comments made in the letter related to other planning applications that had been made by Anglian Water and when these applications were brought before a future meeting of the Committee these comments would be contained within the reports. The officer re-affirmed the fact that the comments definitely did not relate to this application. The following matters were raised: • The map in the report did not show the nearest properties to the site. • A letter had been received by the Cabinet Member from Able Care stating that its offices were in close vicinity of the application site. A 1:5000 scale map was tabled so the Committee could see where the nearest properties were, as it could not usefully be reproduced on A4 or in the PowerPoint presentation. The Committee expressed their concern and disappointment that the application was a retrospective one. The Chairman stated that this situation was not what was expected from Anglia Water and he asked that they be formally informed by the Planning Department that this was not an acceptable situation. The following comments were made in response to questions and concerns raised by the Committee: • South Norfolk District Council had asked for a reduction in tonnage at the site to 60,000 tonnes from 75,000 to deal with odour issues Planning Regulator Committee – 24 April 2009 but there was no need for this reduction to be made as the waste would be dealt with in closed containers and it was not inherently odorous. • The route to the site was a public right of way, with private access. Consultation with Anglian Water was underway to erect 20MPH signs and speed humps. • If there were any problems on the route with the existing site, they would have been brought to the attention of the County Council to be looked into. The County Council had not received any objections regarding this. • The material imported would be predominantly effluent from factory units brought into the site and separated and filtered into existing waste, this could also be leachate from landfill but would not cause odours. • There would be no synergistic effect on the waste that was already in the site by adding new waste to it. • If the process did not take place at this site then it would have to be processed somewhere in the County as it was a necessary process. Officers were not aware of any sites in the country that capable of taking such wastes. In response to concerns the representative from Alpheus Environmental Ltd the applicant said that sewage was imported onto the site by Anglian Water not by them. Sewage would not be going into the application site. The Chairman said to the representatives from Alpheus, who were in attendance at the meeting, that the Committee did not look favourably on retrospective applications and that they needed to look very carefully at odour issues at their site for future applications. In response to a question as to why no punitive action was taken regarding retrospective applications, the Chairman stated that it was the law that each planning application was considered by the Committee on its merit as it was not a criminal offence to develop without planning permission. As such, no action could be taken. In response to the concern raised by various Members of the Committee over odour it was pointed out by the Chairman that there was no odour involved in this particular application, although there were odour problems on the wider site overall. Mr Mitchell objected to the application. He had submitted his reasons in writing to the Committee and made the following points: • The works at the site were getting out of control but the problems could be resolved as long as proper remedial action was taken. Planning Regulator Committee – 24 April 2009 • The odour from the site was unacceptable and amenity around the site was seriously affected. • The staff of Able Care would be adversely affected as they were within 25 metres of the site.

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