Planning Regulatory Committee Minutes of the Meeting Held on 29 June 2012 Members Present: Mr N Dixon Mr P Rice Mr P Duigan Mr J Rogers (Chairman) Mr R Hanton Mr J Shrimplin (Vice-Chairman) Mr D Harrison Mr B Stone Mr B Iles (part) Mrs H Thompson Mr J Joyce Ms J Toms (substitute) Mrs J Leggett Mr J Ward (substitute) Mr G Nobbs (substitute) Mr M Wilby Norfolk County Council Officers Present: David Collinson Assistant Director for Public Protection - ETD Dave Higgins Principal Engineer, Major and Estate Developments, ETD Nick Johnson Planning Services Manager - ETD Kristen Jones Committee Officer - Democratic Services Luke Mills Planning Officer - ETD Nick Palmer Principal Planner - ETD Tim Shaw Committee Officer - Democratic Services Chris Skinner Legal support (NPlaw) Simon Smith Planning Officer - ETD Ed Stocker Ecologist - ETD Heidi Thompson Biodiversity and Countryside Manager - ETD Advisors to Norfolk County Council Present: Mark Broomfield AEA Technology Neil Cameron QC Legal support Environment Agency Officers Present: Neil Goudie Environment Agency Kevin Rutherford Environment Agency Planning Regulatory Committee – 29 June 2012 County Councillors Present: Dr A Boswell Mr P Morse Mr M Brindle Mr G Plant Mrs D Irving Mr M Scutter Public Speakers Present (in order of speaking): 1. Henry Bellingham MP 9. Dr Pallavi Devulapalli 2. Mr de Whalley 10. John Dobson 3. Anna Reeves 11. Alistair Beales 4. Richard Burton 12. Mr Marmont 5. Mike Knights 13. Ann Philips 6. Jonah Oliver 14. Jim Elliott 7. Judi Knights 15. Gary McGuiness 8. Ian Findlater 16. June Leamon Statutory Consultee Present: Cllr Vivienne Spikings Cabinet Portfolio Holder for Development at King’s Lynn and West Norfolk Borough Council (KLWN) and Chairman of KLWN Planning Committee Stuart Ashworth Planning Officer (KLWN) Leon Clement KLWN Nicola Leader KLWN Geoff Hall KLWN Parish Council Representatives Present: Elaine Oliver Wiggenhall St Germans PC Adrian Bramwell Leziate PC Judy Close West Wynch PC Richard Morrish North Runcton PC Applicant/Agent: David Archibold RPS Planning and Development John Boldon Planning Director, Cory Environmental Claire Brook Dickenson Dees Paul Green Wheelabrator Julian Harrison Cory Andy Leonard Wheelabrator Roger Miles Planning Consultant Samantha Neck RPS Planning and Development Dan Smyth RPS Planning and Development Max Wade RPS Planning and Development Planning Regulatory Committee – 29 June 2012 Richard Wilkinson Cory Supporters Present: Dr John Burgess Medical professional and local resident of King’s Lynn Pauline Johnson Local resident of King’s Lynn John Boal BAM Nuttall Planning Regulatory Committee – 29 June 2012 1. Apologies and Substitution 1.1 Apologies for absence were received from Mr B Bremner (Mr G Nobbs substituting), Mr A Gunson, Mr M Hemsley (Ms J Toms substituting), and Mr T Tomkinson (Mr J Ward substituting). 2. Minutes 2.1 The minutes of the meeting held on 25 May 2012 were confirmed by the Committee and signed by the Chairman. 3. Declarations of Interests The following Members declared personal interests in Item 5A: Member Reason for declaration 3.1 Member of Thorpe St Andrew Town Council when this topic Mr Ward * was discussed on 4 July 2011. He stated that he had not commented on the matter at the Parish Council and had approached today’s meeting with an open mind. 3.2 Mr Joyce Member of the Waste Project Board. Had attended meetings of Parish Councils in his Division when this matter had been discussed but had not commented on the matter. 3.3 Mr Harrison Member of Aylsham Town Council and was present when this topic was discussed but had not participated in the discussion or in the vote. 3.4 Mr Rice Member of the Environment, Transport and Development Overview and Scrutiny Panel and present when the matter had been discussed at Parish Council meetings in his Division. 3.5 Ms Toms Employee of RSPB but not involved in the consultation process. 3.6 Mr Wilby Member of Cabinet Scrutiny Committee and present when this topic was discussed in April 2011 but had not come to a view on the proposal. * It was agreed that this minute be amended and was corrected at the committee meeting on 27 July 2012. Please view the minutes of that meeting in order to note the correction made. Planning Regulatory Committee – 29 June 2012 3.7 Mrs Thompson County Council Member appointed to Eastern Inshore Fisheries and Conservation Authority. Member of North Norfolk District Council. Had attended the Cabinet Scrutiny Committee meeting when this matter had been discussed. She stated that she approached today’s decision with an open mind. 3.8 Mr Stone Member of Great Yarmouth Borough Council when this matter had been discussed but he had not participated in the discussion or in the decision. 3.9 Mr Hanton Member of Great Yarmouth Borough Council but had not participated in the discussion or in the decision. Member of Cabinet Scrutiny Committee but did not participate in discussions around this topic. 3.10 Mr Dixon Member of North Norfolk District Council but did not take part in any discussions around this topic. Member of Cabinet Scrutiny Committee but did not take part in any discussions around this topic. Member of Environment, Transport and Development Overview and Scrutiny Panel but did not take part in any discussions around this topic. 3.11 Mr Nobbs Member of Cabinet Scrutiny Committee which heard the call- in of the Cabinet decision in March 2011 within the report ‘Waste PFI Award of Contract’ and also a signatory of the call- in. 3.12 Mr Shrimplin Member of Great Yarmouth Borough Council but when this topic was raised he did not participate in discussions. Member of Ormesby St Margaret Parish Council and had answered factual questions but did not discuss the topic further. Member of Cabinet Scrutiny Committee when this topic was discussed but did not comment. 3.13 Mr Duigan Member of Cabinet Scrutiny Committee but did not comment on this topic. Member of Environment, Transport and Development Overview and Scrutiny Committee but did not comment on this topic. 3.14 Mr Rogers Member of Breckland Council but did not comment on this topic. Planning Regulatory Committee – 29 June 2012 Member of Watton Town Council but did not comment on this topic. Member of Carbrooke Parish Council but did not comment on this topic. The following Members were attending the meeting but were not Members of the Planning Regulatory Committee. They declared the following personal interests in Item 5A: 3.15 Mr Dobson Conservative Group Lead on Cabinet Scrutiny Committee at the time and signatory of call-in of the Cabinet decision in March 2011 within the report ‘Waste PFI Award of Contract’. Chairman of Old Hunstanton Parish Council but did not comment on this topic. 3.16 Mr Morse Chair of Cabinet Scrutiny Committee when the Committee heard the call-in of the Cabinet decision in March 2011 within the report ‘Waste PFI Award of Contract’. 3.17 Dr Boswell Signatory of the call-in of the Cabinet decision in March 2011 within the report ‘Waste PFI Award of Contract’ and was present at the Cabinet Scrutiny Committee meeting in April 2011. 3.18 Mr Plant Cabinet Member for Planning and Transportation. 3.19 Mrs Irving Member of Breckland Council. Served as a substitute Member on Cabinet Scrutiny Committee. 4. Urgent Business 4.1 There were no items of urgent business. 5. Applications Referred to Committee for Determination: Borough Council of King’s Lynn and West Norfolk: C/2/2011/2020 The Willows Business Park, High (Saddlebow) Road, King’s Lynn Proposed Energy from Waste facility, integrated steam turbine generator plant, grid connection cables, infrastructure to enable Combined Heat and Power, incinerator Bottom Ash recycling area, visitor centre, offices, ancillary development including weighbridges, access and internal roads and parking facilities, landscape and biodiversity enhancement areas: Cory Environmental Management Ltd and Wheelabrator Technologies Inc. 5.1 The representative from NPlaw updated Members on recent developments Planning Regulatory Committee – 29 June 2012 regarding the above mentioned planning application. He stated that because of an intervention the previous day by the Secretary of State for Communities and Local Government, a decision notice in respect of this planning application could not be issued until the Secretary of State had decided whether to “call in” the decision for his own determination (and lift what was known as a direction under Article 25 of the Town and Country Planning (Development Management Procedure) Order 2010. It was clarified that the meeting should go ahead and the Committee should reach its decision. He stated that should the committee resolve that planning permission be granted the Committee’s decision would need to be amended to reflect the fact that a direction was in force. 5.2 Officer Presentation and Member Questions 5.2.1 The Principal Planner made the following points during his presentation: Members had an addendum report on the above application, which included details of the responses received after the publication of the original officers’ report. The Principal Planner identified the documents which make up the development plan, namely the East of England Plan, the King’s Lynn and West Norfolk Core Strategy, the saved policies of the King’s Lynn and West Norfolk Local Plan and the Norfolk Minerals and Waste Core Strategy, as referred to in the officers’ report. The Principal Planner reminded Members that they must take into account the environmental information including the environmental statement. The Principal Planner described the site and presented maps and photos of the Saddlebow site to show the application area relative to King’s Lynn town centre. The Principal Planner referred to the fact that regard must be had to local finance considerations, and outlined the process whereby the County Council would receive substantial PFI credits from the Government that would assist in achieving certainty that the proposal would be developed but which was not essential, and without which the application could still proceed.