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V27-742 : PLANNING APPLICATIONS W3362/11 AND W3362/12 - PART OF LAND AT HEATH

LONDON ROAD, KESSINGLAND

The report of the Chief Executive prepared in his capacity as Monitoring Officer, in accordance with Section 5(2) of the Local Government and Housing Act 1989, outlined a complaint received on the grant of the above planning permission in May 1999. The Chief Executive had investigated the complaint, and considered that should the complainant pursue a complaint to the Local Government Ombudsman, a finding of maladministration would almost certainly be made against the Council.

The report also set out information not known by the Development Control Committee when it made its initial decision on the applications, and provided copies of the original and subsequent reports to that Committee and minutes of the meetings. Finally, the report outlined a number of choices available to the Council in dealing with the applications.

During formal consideration of the above, Councillors resolved that standing orders be suspended to allow Councillors to speak for more than five minutes on the report of the Chief Executive and the decisions of Development Control Committee.

The Chief Executive also reminded members about their responsibilities in accordance with the National Code of Conduct and their need to declare whether they had received lobbying material at any time when this application was being considered by the different Committees. Councillor R. Carter, T. Carter, Francis, Gower, Graham, Holzer, Keable, Pitchers, Young and Whitlow declared to the meeting that they had received correspondence from the applicant. Councillor Gower proposed and Councillor Keable seconded the following motion:

`That this Council, having regard to all the facts, upholds the decision taken by the Development Control Committee at its meeting of 19 May 1999 and 21 July 1999 in respect of planning applications W3362/11 and W3362/12.'

Members were given the opportunity to discuss the Chief Executive's Monitoring Officers report and also the merits of the applications before them. In the light of the recommendations contained within the Chief Executive's report, as Monitoring Officer, Councillor Bostock moved and Councillor R. Carter seconded an amendment as follows:

`1. That the decisions of the Development Control Committee at the meeting on 19 May and 21 July 1999 be not implemented.

2. That the recommendation of the Director of Planning and Building Control, as set out in his report to the Development Control Committee of 19 May 1999, be approved, namely:

(a) That application W3362/12 for conversion of existing buildings to a dwelling, subject to a Section 106 Agreement extinguishing all previous builders yard use rights for the entire yard area and removal of all other buildings be approved.

(b) That outline application W3362/11 for a dwelling plot be refused.'

Councillor Bostock's amendments, on being put, were carried by a recorded vote as follows:

For the motion: Councillors Blowers, Bostock, R. Carter, T. Carter, Cherry, Coward, Francis, Graham, Hinton, Holzer, Jermy, Jones, Kelly, McGee, Pitchers, Rodgers, Rouse, Shepherd, Skipper, Spoor, Taylor, Thomson, Walmsley and Whitlow.

Against the amendment: Councillors Gower, Keable, Langley, Parr, Thorne and Young

Abstentions: Councillors Aldous, Austin, Bee, Crisp, Devereux, Goldsmith, Gouldby and Rose.

The substantive motion on being put was carried.

RESOLVED

1. That the decisions of the Development Control Committee at the meeting on 19 May and 21 July 1999 be not implemented.

2. That the recommendation of the Director of Planning and Building Control, as set out in his report to the Development Control Committee of 19 May 1999, be approved, namely:

(a) That application W3362/12 for conversion of existing buildings to a dwelling, subject to a Section 106 Agreement extinguishing all previous builders yard use rights for the entire yard area and removal of all other buildings be approved.

(b) That outline application W3362/11 for a dwelling plot be refused.

The meeting was concluded at 10.45 pm.

Chairman

WAVENEY DISTRICT COUNCIL - 21/10/99

WAVENEY DISTRICT COUNCIL - 21/10/99

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Volume 27 Minute 741

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