Agenda and draft minutes

Venue: Assembly Room, Town Hall, Saturday Market Place, King's Lynn PE30 5DQ. View directions

Contact: Kathy Wagg on 01553 616276  Email: kathy.wagg@west-norfolk.gov.uk

Items
No. Item

PC104:

Welcome

Minutes:

The Chairman, Councillor Mrs Spikings welcomed everyone to the meeting.  She advised that the meeting was being recorded and streamed live to You Tube.

 

She invited the Democratic Services Officer to conduct a roll call to determine attendees.

PC105:

Apologies

To receive any apologies for absence and to note any substitutions.

Minutes:

Apologies for absence had been received from Councillors Holmes, Lawton and Patel (substitute Cllr Rose).

 

The Chairman thanked Councillor Rose for being a substitute at the meeting.

 

PC106:

Minutes

To confirm as a correct record the Minutes of the Meeting held on 6 February 2023 (previously circulated). 

Minutes:

The minutes of the meeting held on 6 February 2023 were agreed as a correct record and signed by the Chairman, Councillor Mrs Spikings.

PC107:

Declarations of Interest

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the Member should withdraw from the room whilst the matter is discussed.

 

These declarations apply to all 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.

 

Councillor appointed representatives on the Internal Drainage Boards are noted.

 

Minutes:

Councillor de Whalley declared an interest in the Update Report – MVV Energy from Waste and would address the Committee under Standing Order 34.

 

Councillor Bone declared that he worked for Sanctuary Supported Living which sublet a building from Flagship which was mentioned in application 9/3(b) – Feltwell.

 

Councillor Howland declared that he had pre-determined the Lidl application and would take no part in the debate and would not vote on the matter.

 

Councillor Storey declared that he was a Member of Feltwell Parish Council.

 

 

PC108:

Urgent Business Under Standing Order 7

To consider any business, which by reason of special circumstances, the Chairman proposes to accept, under Section 100(b)(4)(b) of the Local Government Act, 1972.

Minutes:

There was no urgent business.

 

The Chairman, Councillor Spikings took the opportunity to inform the Committee that she would be taking the Lidl application first.

PC109:

Members attending under Standing Order 34

Members wishing to speak pursuant to Standing Order 34 should inform the Chairman of their intention to do so and on what items they wish to be heard before a decision on that item is taken.

Minutes:

Councillor A Kemp                  -           Medworth

Councillor M de Whalley        -           Medworth

Councillor J Ratcliffe               -           8/1(a) Lidls, Downham Market

PC110:

Chairman's Correspondence

To receive any Chairman’s correspondence.

Minutes:

The Chairman reported that any correspondence received had been read and passed to the appropriate officer.

PC111:

Receipt of Late Correspondence on Applications pdf icon PDF 769 KB

To receive the Schedule of Late Correspondence received since the publication of the agenda.

Minutes:

A copy of late correspondence received after the publication of the agenda, which had been previously circulated, was tabled.  A copy of the agenda would be held for public inspection with a list of background papers.

PC112:

Update report - MVV Energy from Waste Combined Heat and Power Facility - to follow pdf icon PDF 801 KB

Minutes:

Click here to view a recording of this item on You Tube

 

The Principal Planner introduced the report and explained that it was an update to the Medworth Development Consent Order that was submitted to the Planning Inspectorate in July 2022 for a new energy from waste plant in Wisbech.  The plant was located within Fenland District Council and Cambridgeshire County Council’s area, with the underground cabling connecting to a substation in Norfolk.  The application was being assessed by the Planning Inspectorate who were the Examining Authority and were assessing it on behalf of the Secretary of State.  It was a nationally significant infrastructure project, so was going through a development consent order Examination process in accordance with strict procedural guidelines.  This process had a number of deadlines and timescales to meet and was due to conclude in August 2023.

 

The preliminary meeting to discuss the programme and timetable of the Examination took place on 21 February 2023.  Following this one of the issue specific hearings and two open floor hearings had also taken place.

 

In accordance with Standing Order 34, Councillors Kemp and De Whalley addressed the Committee and outlined their concerns.

 

RESOLVED:

 

1.     That the report and update be noted on the examination process.

2.     If any Councillors would like to submit additional comments to be included in the Appendices of the Council’s Written Representation submission, then these need to be sent to either lorna.gilbert@west-norfolk.gov.uk or stuart.ashworth@west-norfolk.gov.uk by Monday 20 March 2023;

3.     That in order to meet the tight deadlines set by the Examining Authority as part of the formal process, it was agreed that any further submission required were to be agreed with the Portfolio Holder for Development and Regeneration.

PC113:

Index of Applications pdf icon PDF 23 KB

The Committee is asked to note the Index of Applications.

Minutes:

The Committee noted the Index of Applications.

PC113:a

Decisions on Applications pdf icon PDF 320 KB

To consider and determine the attached Schedule of Planning Applications submitted by the Executive Director.

Additional documents:

Minutes:

The Committee considered schedules of applications for planning permission submitted by the Executive Director for Planning and Environment (copies of the schedules were published with the agenda).  Any changes to the schedules were recorded in the minutes.

 

RESOLVED:   That the application be determined, as set out at (i) – (vii) below, where appropriate, to the conditions and reasons or grounds of refusal, set out in the schedules signed by the Chairman.

 

(i)            20/01893/FM

Downham Market:  Land east of 160 and west of roundabout, Bexwell Road:  Erection of new Lidl Food store (Use Class E) with associated car parking and landscaping:  Lidl Great Britain Limited

 

Click here to view a recording of this item on You Tube

 

The Principal Planner introduced the report and reminded the Committee that they considered the application on both 4 April 2022 and 9 May 2022.  The application was approved at the 9 May 2022 meeting, subject to a Section 106 agreement.  However, that decision had since been quashed on 27 July 2022 by the High Court.

 

The application returned to the Planning Committee on 9 January 2023 but was subsequently deferred, as additional information was submitted by the applicant prior to determination.  Reference to the ‘eco store’ had been omitted from the application and a further consultation had taken place.  The application had returned to Committee for a decision.

 

Full planning permission was sought for the construction of a Lidl food store with associated car parking and landscaping.  The store would have a gross internal floorspace of 1895 m2 (compared with 2175 m2 previously), and a net sales area of 1251 m2 (originally 1414 m2 was proposed).

 

The site comprised of 0.93 hectares of land on the southern side of Bexwell Road and to the south-west of the roundabout junction with the A10.  The site was in agricultural use.  To the west and north of the site was residential development and to the south and east agricultural fields.

 

Access was proposed off Bexwell Road via a new priority junction that linked to the eastern side of the site.  The scheme would provide 131 car parking spaces (136 car parking spaces were originally proposed) and space for 22 customer bicycles.

 

The site was located outside the development boundary for Downham Market and was classed as countryside with respect to Local Plan policies.  The western boundary of the site abutted the development boundary of Downham Market.

 

The Committee noted the key issues for consideration when determining the application, as set out in the report.

 

In accordance with the adopted public speaking protocol, Richard Guy (supporting) and Kate Bleloch (supporting) addressed the Committee in relation to the application.

 

In accordance with Standing Order 34, Councillor J Ratcliffe (supporting) addressed the Committee in support of the application.

 

Councillor De Whalley stated that this was a finely balanced application. He was mindful that the site was in close proximity to significant development which would be taking place and that it had been claimed that  ...  view the full minutes text for item PC113:a

PC114:

Delegated Decisions pdf icon PDF 199 KB

To receive the Schedule of Planning Applications determined by the Executive Director.

Additional documents:

Minutes:

The Committee received schedules relating to the above.

 

RESOLVED:   That the reports be noted.

PC115:

Planning Enforcement - Quarterly Update report pdf icon PDF 209 KB

The Committee is asked to note the attached report.

Additional documents:

Minutes:

The Committee received a report which provided Members with an update on service performance for planning enforcement during the 4th quarter of 2022 (01 October 2022 – 31 December 2022).

 

It was noted that the total number of current live cases was 523.  It was also noted that 163 cases had been closed during the 4th quarter.  Also 13 formal notices had been served.

 

RESOLVED:     That the reported be noted.

 

PC116:

Exclusion of Press and Public

To consider passing the following resolution:

 

“That under Section 100(A)(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraphs 1 of Part 1 of Schedule 12A to the Act”.

Minutes:

RESOLVED:  That under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 1 of Part 1 of Schedule 12A to the Act.

PC117:

Exempt - Planning Enforcement - Rosemary Way. Downham Market

The Committee is asked to consider the attached report.

Minutes:

The Committee received a report in respect of a continuing breach of planning control and to seek a resolution in respect of what further enforcement action is required, if any, to remedy the breach of planning control.

 

RESOLVED:

 

(1)            That the update be noted in respect of the continuing breach of planning control.

 

(2)            That authority be granted to the Executive Director of Environment & Planning for the implementation and execution of direct action under Section 219 of the Town and Planning Country Planning Act 1990 (as amended) to comply with requirements set out in paragraph 3 of the Section 215 Notice.