Development Committee Please contact: Linda Yarham Please email: linda.yarham@north-norfolk.gov.uk Please Direct Dial on: 01263 516019 6 October 2015 A meeting of the Development Committee will be held in the Council Chamber at the Council Offices, Holt Road, Cromer on Thursday 15 October 2015 at 9.30am. Coffee will be available for Members at 9.00am and 11.00am when there will be a short break in the meeting. A break of at least 30 minutes will be taken at 1.00pm if the meeting is still in session. Any site inspections will take place on Thursday 5 November 2015. Members of the public who wish to speak on applications are requested to arrive at least 15 minutes before the start of the meeting. It will not be possible to accommodate requests after that time. This is to allow time for the Committee Chair to rearrange the order of items on the agenda for the convenience of members of the public. For information on the procedure please read the Council’s leaflet ‘Have Your Say on Planning Applications’ available from the Planning Reception, on the Council’s website www.north-norfolk.org or by telephoning 01263 516159/516154. Anyone attending this meeting may take photographs, film or audio-record the proceedings and report on the meeting. Anyone wishing to do so, must inform the Chairman. If you are a member of the public and you wish to speak, please be aware that you may be filmed or photographed. Sheila Oxtoby Chief Executive To: Mrs S Butikofer, Mr N Coppack, Mrs P Grove-Jones, Mr S Hester, Mr P High, Mr N Pearce, Mr R Reynolds, Mr P Rice, Mr S Shaw, Mr R Shepherd, Mr B Smith, Mr N Smith, Mrs V Uprichard, Mr S Ward Substitutes: Mrs A Claussen-Reynolds, Mrs A Green, Mrs B McGoun, Mr P Moore, Ms M Prior, Mr E Seward, Mrs L Walker All other Members of the Council for information. Members of the Management Team, appropriate Officers, Press and Public If you have any special requirements in order to attend this meeting, please let us know in advance If you would like any document in large print, audio, Braille, alternative format or in a different language please contact us Chief Executive: Sheila Oxtoby Corporate Directors: Nick Baker and Steve Blatch Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005 Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org AGENDA PLEASE NOTE: THE ORDER OF BUSINESS MAY BE CHANGED AT THE DISCRETION OF THE CHAIRMAN PUBLIC BUSINESS 1. CHAIRMAN’S INTRODUCTIONS 2. TO RECEIVE APOLOGIES FOR ABSENCE AND DETAILS OF ANY SUBSTITUTE MEMBER(S) 3. MINUTES To approve as a correct record the Minutes of a meeting of the Committee held on 17 September 2015 4. 5. 6. ITEMS OF URGENT BUSINESS (to be taken under items 8 or 10 below) (a) To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972. (b) To consider any objections received to applications which the Head of Planning was authorised to determine at a previous meeting. ORDER OF BUSINESS (a) To consider any requests to defer determination of an application included in this agenda, so as to save any unnecessary waiting by members of the public attending for such applications. (b) To determine the order of business for the meeting. DECLARATIONS OF INTEREST Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest. 7. OFFICERS’ REPORT ITEMS FOR DECISION PLANNING APPLICATIONS (1) ALBY WITH THWAITE - PF/15/0849 - Conversion and extension of former reading rooms to wedding venue; car park for 30 cars with new access off Church Road; pedestrian path between car park and proposed venue; The Old Rectory, Church Road, Alby for Mr S Williams Page 1 (2) ALBY WITH THWAITE - PF/15/1088 - Variation of condition 2 of Planning Permission ref PF/12/0767 to allow adjustment to building position, timber walkway along the south and west elevations and insertion of two windows; Oaklea, Thwaite Common, Erpingham for Mr J Taylor and Mrs M Harris Page 9 (3) FAKENHAM - PF/15/0901 - Erection of two single-storey dwellings; 24a Holt Road for Mr R Whitby Page 12 (Appendix 1 – page 51) (4) LITTLE BARNINGHAM - PF/15/1035 - Demolition of dwelling and erection of two-storey dwelling and garage; Church Cottage, The Street for Mr J Woodeson Page 18 (5) NORTH WALSHAM - PF/15/1137 - Erection of single-storey side and rear extensions and replacement detached garage (re-submission 15/0847) Part retrospective; 3 St Benets Avenue for Mr G Sexton Page 27 (6) WELLS-NEXT-THE-SEA - PF/15/0886 - Variation of conditions 3 & 18 of planning permission ref: 11/0509 to permit retention of revised projecting windows to east elevation; Quayside Court, The Quay for T Gill and Son (Norwich) Ltd Page 31 (7) APPLICATIONS RECOMMENDED FOR A SITE INSPECTION Page 36 (8) APPLICATIONS APPROVED UNDER DELEGATED POWERS Page 37 (9) APPLICATIONS REFUSED UNDER DELEGATED POWERS Page 48 (10) NEW APPEALS Page 49 (11) INQUIRIES AND HEARINGS - PROGRESS Page 49 (12) WRITTEN REPRESENTATIONS APPEALS - IN HAND Page 49 (13) APPEAL DECISIONS – RESULTS AND SUMMARIES Page 50 (14) COURT CASES – PROGRESS AND RESULTS Page 50 8. ANY OTHER URGENT BUSINESS AT THE DISCRETION OF THE CHAIRMAN AND AS PREVIOUSLY DETERMINED UNDER ITEM 4 ABOVE 9. EXCLUSION OF PRESS AND PUBLIC To pass the following resolution, if necessary:“That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A (as amended) to the Act.” PRIVATE BUSINESS 10. ANY OTHER URGENT EXEMPT BUSINESS AT THE DISCRETION OF THE CHAIRMAN AND AS PREVIOUSLY DETERMINED UNDER ITEM 4 ABOVE 11. TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE PUBLIC BUSINESS OF THE AGENDA OFFICERS' REPORTS TO DEVELOPMENT COMMITTEE - 15 OCTOBER 2015 Each report for decision on this Agenda shows the Officer responsible, the recommendation of the Head of Planning and in the case of private business the paragraph(s) of Schedule 12A to the Local Government Act 1972 under which it is considered exempt. None of the reports have financial, legal or policy implications save where indicated. PUBLIC BUSINESS - ITEM FOR DECISION PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. 1. ALBY WITH THWAITE - PF/15/0849 - Conversion and extension of former reading rooms to wedding venue; car park for 30 cars with new access off Church Road; pedestrian path between car park and proposed venue; The Old Rectory, Church Road, Alby for Mr S Williams Minor Development - Target Date: 10 August 2015 Case Officer: Mr D Watson Full Planning Permission CONSTRAINTS Countryside RELEVANT PLANNING HISTORY None. THE APPLICATION It is proposed to convert the church Reading/Meeting Rooms to a wedding venue to be used primarily for civil wedding services and receptions. The applicants have indicated it would also be used for other functions. The proposal also includes the following: A small single storey extension to the north side of the building to provide toilet facilities. This would have a flat roof, vertical cedar board cladding to the walls above a brick plinth to match those of the existing building. The existing small WC building would be demolished. Alterations to the existing building including the insertion of roof lights in the north roof slope, a new window in an existing opening in the north elevation, reinstatement of a first floor window in the east elevation and replacement of modern French doors and window with new glazed entrance doors and new arched head to the opening. Internally openings would be formed in some walls. Construction of a car park with 30 spaces within a triangular parcel of land about 130m to the east of the building fronting Aldborough Road. Vehicle access into it would be at the east end of the road frontage and the existing access to the west would be closed with a hedge reinstated. The car park would have a gravel surface. A pedestrian path running adjacent to the north boundary of the site and through an area of trees would link the car park to the building. Development Committee 1 15 October 2015 The Reading Rooms would have a capacity of 70 people seated for ceremonies and receptions. Additional numbers of evening guests are suggested as being 20. It would be open from 9.00am to allow for setting up. Catering would be done off site and brought in. The existing access to the west side of the church would be used for caterer's and other service vehicles, the wedding car and for disabled access. All guests would be off site by midnight, music would finish at 11.30pm and drinks would not be served after 11.15pm. Fireworks and sky lanterns will not be permitted. Supporting documents: Design & Access Statement, Structural Condition Report and Protected Species Survey. A Tree Survey and Arboricultural Method Statement has been submitted subsequently along with further details and a draft management plan regarding the external lighting, how the premises would be operated, numbers of guests and likely vehicle movements. There is a concurrent application (15/0913) for listed building consent for the physical works to the building. It is anticipated that this will be dealt with under delegated powers as although objections have been received, none relate to the physical works to the building. The Reading Rooms are to the north of the Church of St. Ethelbert off Church Road, Alby. It is within the curtilage of the Old Rectory which is grade II listed and the setting of the Church which is grade II*. The building is constructed of light brickwork with a pan tiled roof. It is vacant and it is not known when it was last regularly in use. It is within an area designated as Countryside in the North Norfolk Core Strategy. The application site includes a triangular parcel of land to the east, which fronts Church Road. There is a high Hawthorn hedge along the roadside boundary and at the west end of it there is an existing vehicle access. There are a number of trees along the boundaries. On the opposite side of the road there is a pair of detached bungalows (Merrywinds and The Birches). The site also includes a strip of land along the adjacent land to the north side of the wall to the garden of the Old Rectory and a strip of land along the north side of the garden itself. Within this area there are also a number of trees. The Old Rectory is in residential use, occupied by the applicants. There is an existing vehicle access off Church Road between the west side of the church and to the east of the graveyard, which serves a number of outbuildings. The immediate surrounding area has a relatively isolated rural character as other that the two properties opposite, the nearest buildings are some distance away. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr N Smith due to concerns about the increase in traffic using the junction with the A140. Members of the Development Committee visited the site on 10 September 2015. PARISH COUNCIL Alby with Thwaite PC: object for the following reasons: Light and noise pollution in a quiet rural area; Disturbance to the listed church and graveyard; Additional traffic arriving and leaving the venue within a short period of time; Dangers of extra traffic pulling out onto A140. Drivers may not be local and unfamiliar with the road that has already seen several accidents in that area; The applicant intends to have 50-60 events per year and may take bookings for other events; Concern over the size of the venue, which may lead to people spilling out of the Development Committee 2 15 October 2015 building into the surrounding grounds, potentially causing disturbance; Although the venue may employ 2 full time staff this is likely to be the applicants; Inappropriate commercial development in a quiet rural area. The PC also note that parishioners already suffer from noise disturbance from another wedding events venue (Muntjac Meadow, Glebe Farm, Hanworth) REPRESENTATIONS Two letters of support. A nearby resident feels the building has a nice setting for the proposed use. The Scarrowbeck Benefice which covers a number of local parishes are pleased the applicants wish to work with the church in developing a symbiotic relationship. This would involve using the church on occasions for weddings and blessings after a civil marriage. This would bring an income to the Church which would help secure its future. It is felt there would be mutual benefit with the added advantage of providing car parking which may, on occasion, be available to the Church. Five letters of objection on the following summarised grounds: Thirty cars could mean 120 people, 200m away from their garden which could spoil the enjoyment of it. Poor access - there will be five accesses on a narrow road which is not speed restricted, the service access is on a bend. Highway safety - as junction with the A140 is already an accident black spot and the venue would have attendees unfamiliar with it, increasing the risk of accidents; Noise - this is a peaceful rural area and the noise normally associated with such uses will disturb near neighbours. Noise, i.e. music, crowd noise, increased traffic and the use of fireworks would be a source of worry and a potential health issue relating to stress for grazing animals; Need - there are several wedding venues in the vicinity e.g. Deer Glades, Chance Farm, Blickling Hall; Possible restrictive covenant - it is a former church property and it used to be their policy to restrict sale/use of intoxicating liquor and for music and dancing etc.; Impact on countryside - site is in a rural area with a strong rural character. Lighting, the car park and commercial operations are contrary to this character and the Council's policies. There would be a suburbanising impact; Effect on trees - the tree survey fails to adequately address the impact of the development. The submission of this information is a new consideration requiring re-consultation with the PC and objectors; Lack of information - with queries including whether the venue is to used solely for weddings, maximum numbers of people, finishing times, whether there would be a bar and music and more than one function per week. If the application is approved what restrictions would be in place re numbers, hours of use and number of events. There need to be controls on the use of pyrotechnics, traffic movements and general noise. The occupiers of the Birches (which faces the proposed car park) are concerned about the loss of peace and quiet. Reference is made to noise and disturbance from a wedding venue in Gresham where they lived previously, which became a problem as the venue became more successful, often going on through to the early hours. The occupiers of the Merrywinds also opposite note that the car park would only be 14m from their boundary and would clearly be a disturbance late at night when people Development Committee 3 15 October 2015 return to their cars with engines starting, doors banging and headlights shining straight into their bedroom window. This would be worse when the hedge was bare. There are queries as to whether the car park would be floodlit, gated and locked when not in use to avoid inappropriate uses; and why a new entrance is required when there are already three others which are much closer. CONSULTATIONS Environmental Protection: had some initial concerns given that the car park and access would be directly opposite the closest neighbours, which could affect their residential amenity, especially when events finish and cars leave the venue. Following the receipt of further information they are satisfied that the management plan and traffic management plan cover the use of the venue, but there are still some concerns about such a venue in a rural area and it will need to be well managed so as not to affect the amenity of neighbouring properties. It is considered that use of the building would not affect residential amenity if it can be managed effectively, which can be aided by conditioning i.e. requiring doors and windows to be closed and for music to stop at 11.30pm. The main concern is the car park noise and people coming and going causing intrusion to the properties opposite. However if the applicant erects a close boarded acoustic fence, and moves the entrance along further away from the properties this would satisfy these concerns. Full details of the fencing would need to be submitted for approval through conditions. Provided the lighting is switched off at midnight it would be acceptable. Alcohol licensing can be done using a Temporary Event Notice or Premises Licence. This would be required for any music beyond 11.00pm. Conservation and Design: no objection. Building makes a significant contribution to the setting of the two adjacent listed buildings and the wider character and appearance of the area. As the building has been vacant for a significant period of time and as a consequence has fallen into a state of disrepair, the proposal represents a significant opportunity to arrest the building's continued decline and secure its long-term conservation. The building has been subject to a number of unsympathetic alterations including to the east elevation, which the proposal would improve upon and reverse. Repairing the historic fabric can only be of benefit to the building. The proposed extension would be sited within the rear courtyard, which is completely enclosed so would not be visible from either listed building, and would tuck in nicely behind the existing brick boundary wall. As the internal spaces would be retained at full height and not subdivided, the building's original scale and character would be retained. As the car park would be sited about 130m east of the building, the separation from heritage assets and lack of inter-visibility means the overall harm to the character and appearance of the area would be relatively minor. Conditions are requested to secure further details on various elements of the proposed works. Historic England: do not object to the principle of the proposals and welcome the positive use for the building. They are broadly satisfied that the proposals would not cause harm to the setting of either heritage asset. Comments are made in respect of the proposed door in the east elevation which it is felt is not of the correct proportions and, the roof light which should be omitted. Development Committee 4 15 October 2015 Landscape Officer (Trees): no objection. The Arboricultural Implications Assessment submitted states the importance of the trees on the site and demonstrates that the development can be accommodated without too much conflict with the trees. Landscape Officer (Nature Conservation): following the receipt of the further information, which clarifies the impact of the proposed development on the local bat population, it is considered that the application would is acceptable with respect to bats subject to appropriate conditions. Highway Authority: no objection given the potential connection between the adjacent church and the proposal, and the fact that a new vehicular access with acceptable visibility would be provided. A number of conditions are requested. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy SS 5: Economy (strategic approach to economic issues). Policy EC 2: The re-use of buildings in the Countryside (specifies criteria for converting buildings for non-residential purposes). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). Policy EN 9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). Policy EN 2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION Whether the proposed development is acceptable in principle; The effect on the living conditions of the occupiers of nearby dwellings Its effect on the character and appearance of the area and setting off nearby listed buildings; The effect on road safety Development Committee 5 15 October 2015 APPRAISAL Principle CS policy SS 2 allows for the reuse and adaptation of buildings in the Countryside for appropriate uses and the preservation of listed buildings. Policy EC 2 has a presumption in favour of the reuse of buildings in the Countryside for economic uses where they are appropriate in scale and nature to the location; it can be demonstrated that the building is sound and suitable for the proposed use without substantial rebuilding/extension; and the proposed alterations protect of enhance the character of the building and its setting. Proposals must also accord with other relevant policies seeking to protect biodiversity and amenity. The policy does not prevent proper consideration being given to the optimum viable use of heritage assets that is compatible with the fabric, interior and setting of such buildings. Although not an economic use per se, the proposal would have some economic benefits as it would be likely to bring additional business to related local businesses such as florists, caterers and B&Bs/hotels for example. The building is considered to be soundly built and only limited alterations and extensions are proposed. The proposed use would secure the reuse of the building and given its location, relationship with surrounding buildings and access to it, a more viable option without greater alteration to the fabric, as would be needed for a residential conversion, would be unlikely. Matters relating to biodiversity are acceptable. Those relating to amenity are the most contentious and considered further below. Living conditions Any noise such as amplified music emanating from the building itself can be effectively controlled through planning conditions requiring sound insulation or the use of noise limiters, which can be set to an appropriate level, and through Environmental Protection and licensing requirements. Other than the Old Rectory, which is occupied by the applicants, the closest dwellings The Birches and Merrywinds are about 175m to the east, with dwellings to the west, southeast and northwest being about 242m, 318m and 260m away respectively. As such it considered unlikely that the proposed use of the building would result in significant harm to living conditions. Having the applicants live close by is a further safeguard, although this must be tempered by the fact they could choose to move elsewhere at a future date. Background noise in the area is likely to be very low in the evenings and noise from the car park in the late evening such as cars being started, engines idling, doors slamming and cars manoeuvring along with general noise from groups of people talking/shouting, cannot be so effectively controlled. The possible impact of such noise on the two dwellings (The Birches and Merrywinds), which face the proposed car park, particularly during warmer months when people sleep with windows open, is a concern. Although the roadside hedge is substantial it would not provide effective mitigation of such noise. Much would depend on how well the business is managed and a condition requiring it to be managed in accordance with an approved management plan is considered essential. The additional information supplied states fireworks would not be permitted for example. Following further discussion with the Environmental Protection officer, the applicants have agreed to erect a 2.5m high close board acoustic fence adjacent to the inner face of the roadside hedge along the length of the car park -(information on a manufacturer's website suggests such a fence would provide a 12.5dB reduction in noise 15m from its source). They have also agreed to move the car park access Development Committee 6 15 October 2015 eastwards, which the Landscape Officer has confirmed can be done without harm to the nearby tree, so it is further away from the dwelling opposite. In addition, the acoustic fence would prevent car headlights shining through the hedge at times when it is not in leaf. On balance, it is considered that with these additional measures there would not be any material harm to living conditions and that the proposal complies with policy EN 4. Concerns have been raised about uses such as this intensifying as they become more popular leading to problems for local residents. Being relatively small, the building's capacity is limited and there is not space around it for large marquees for example. It is likely that the applicants would want to maximise the use of the building so events other than weddings, which would not represent a material change of use, could take place there. For the reasons stated above it is not considered these would cause harm and it would be unreasonable to limit the use to weddings only. Character and appearance The proposed car park would be effectively screened by the roadside hedge, which would also screen the proposed acoustic fence. Conditions can secure its retention and to ensure it is surfaced with materials appropriate for a rural location. Similarly, conditions will ensure the footpath is appropriately surfaced. Additional information has been provided confirming that the lighting to the car park and path would be low level bollards with a green finish and of a type that prevent light spillage upwards. Some would be on sensors and all would be switched off at midnight. Lighting to the patio area next to the building would be similar. The proposal would have little if any effect on the wider landscape and as such complies with CS policy EN 2. On the basis of the advice from the Conservation Officer it is considered the car park would not have a harmful effect on the setting of the nearby listed building because of the separation of it from them. The alterations to the building are considered acceptable and will reverse more recent less sympathetic works. The proposed extension would be small scale and sit to the rear of the building and be screened by the building itself and an existing high brick wall. It would have a contemporary recessive appearance and not detract from the main building. The additional roof lights would be in the rear roof slope and would not be visible other than from the small rear yard. More detailed matters and the proposed internal alterations are subject of the related application for listed building consent, which it is anticipated will be determined under delegated powers. For the reasons stated, the proposal is considered acceptable in terms of CS policies EN 4 and EN 8. Road safety Concerns about the junction with the A140 are noted, but there is no objection from the Highway Authority in this respect. The numbers the proposal would cater for would not result in a significant increase in use of this junction. Traffic generated by weddings is usually in cycles being a short period when people arrive and a reasonably short period when they leave. Weight has also got to be attached the fact that weddings and other services can take place at the Church already. The Highway Authority consider the junction of the A140 and the Aldborough Road is reasonably well positioned with good visibility, but it is accepted that Church Road should not be subject to a measurable increase in traffic. This is however, unlikely as most cars leaving the car park would travel eastwards and the applicants have stated vehicles would be directed this way by signage at the exit. They also feel it is likely Development Committee 7 15 October 2015 that around 35% of guests would travel by taxi. Adequate visibility in both directions would be provided at the car park access and would be better than reusing the current one. Visibility to the west out of the access to be used for deliveries etc. is not so good and has been queried with the Highway Authority. As it is an existing access however there is no objection. The proposal is considered acceptable in terms of policy CT 5. The Highway Authority has been re-consulted on the latest amended plan. With regard car parking provision there are similarly no objections from the Highway Authority. The proposed use would fall within Class D1 but there is no specific reference to this type of use in the adopted parking standards. It is considered the nearest comparable is that for community/village halls as functions are often held at them. Application of that standard would require only 7 spaces. On that basis and as a proportion of guests would arrive by taxi, the 30 spaces proposed would be more than sufficient and is acceptable in terms of policy CT 6. OTHER CONSIDERATIONS Effect on trees - the Landscape Officer is satisfied that there would be no harmful impact on the trees and hedges within the site provided the development is carried out in accordance with an Arboricultural Method Statement which can be secured by conditions. This will need to cover details of the root protection areas of the trees, protection methods and detailed construction methods of the access, car park and footway through the trees. Any works to trees necessary to accommodate delivery vehicles will also need to be covered. It is considered the proposal is acceptable in terms of CS policy EN 4. Effect on bats - the building is used by small numbers of individual pipistrelle bats for roosting (non-maternity) and the development will result in the loss of these roosts and possible disturbance of the bats, therefore mitigation will be required to ensure that the roosts are replaced and disturbance is avoided or minimised to an acceptable level. This will need to be done under licence from Natural England. Initially there were concerns about the impact of the lighting and noise disturbance from the proposed, however the further information submitted indicates that this can be managed to ensure that disturbance to the bats can be controlled to an acceptable level. It is therefore considered critical that the external lighting as proposed in the details submitted is installed as specified with no additional lighting installed. A condition covering this would be included. The details also establishes that the potential impacts on bats roosting at the adjacent church will be negligible. The proposal would comply with CS policy EN 9. In accordance with the Standing Advice issued by Natural England, as part of the decision making process, the Local Planning Authority must consider whether an EPS Licence is likely to be granted by Natural England in order to derogate from the protection afforded by the Habitats Regulations. The Ecological Consultant has provided reasons why they consider that the proposed development is likely to satisfy the three derogation tests set out in Regulation 53 of the Habitats Regulations and that a licence is likely to be granted. The ecological consultant concludes that with appropriate mitigation and compensation the favourable conservation status of the local bat populations affected, would be maintained. With reference to the 'over riding public interest' and 'no satisfactory alternative' elements of Regulation 53, reasons have been provided why it is considered that a Natural England EPS Licence is likely to be granted. This relates to the relatively low ecological cost of the development against the social benefits to the owner and local economy, the benefits for the environment and economic reasons. Based on the evidence provided, it is considered Development Committee 8 15 October 2015 there is no reason why a Natural England EPS Licence would not be forthcoming subject to the provision of appropriate mitigation and compensation measures. Possible covenants - Matters relating to any restrictive covenants that may exist are not material planning considerations. Additional publicity - the additional information supplied by the applicants after the application was submitted was in part to respond to issues that had been raised in representations. There have been no changes to the proposals and it is considered that further publicity, which is not a statutory requirement, was not warranted. Conclusion The proposal provides an opportunity to bring an unused and neglected heritage asset back into use and secure its future. The alterations and extensions to it are considered to be acceptable. There are no unresolved issues relating to highway safety, trees and nature consideration. The proposal would have no material effect on the character and appearance of the area or the setting of nearby listed buildings. The use of the building as proposed is unlikely to result in harm to living conditions. Whilst there are concerns about noise and activity from the car park in the late evening, it is considered that with the mitigation proposed, refusal of the application on this ground could not be sustained. The proposal generally accords with adopted Development Plan policies and is recommended for approval. RECOMMENDATION: Delegated authority to approve subject no objections from the Highway Authority on the amended plan, and to conditions to cover the following matters: Time limit for implementation; Approved plans; Samples of external materials; Large scale details; Tree protection; Retention of roadside hedge; Sound insulation measures including acoustic fence; Hours of use; Operation in accordance with a management plan; Details of external lighting; Protection of bats. 2. ALBY WITH THWAITE - PF/15/1088 - Variation of condition 2 of Planning Permission ref PF/12/0767 to allow adjustment to building position, timber walkway along the south and west elevations and insertion of two windows; Oaklea, Thwaite Common, Erpingham for Mr J Taylor and Mrs M Harris - Target Date: 17 September 2015 Case Officer: Miss C Ketteringham Householder application Development Committee 9 15 October 2015 CONSTRAINTS Countryside Conservation Area RELEVANT PLANNING HISTORY PLA/19881323 PF - Dwelling Approved 19/12/1988 PF/12/0767 HOU - Erection of detached building for use as annexe Approved 30/08/2012 THE APPLICATION Is a retrospective application for variations to an annex approved in 2012. The main variations are; A bathroom and a kitchen window in the west elevation. Resiting the building approximately 7 metres further north away from the dwelling and a metre away from the western boundary. The construction of a raised walkway around the south and the west of the annex. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor N Smith having regard to the following planning issue(s): Overlooking of a neighbouring property. PARISH COUNCIL Objects because the two windows are very close to and overlook the boundary. The applicant has also removed the boundary hedge that has taken away privacy of the neighbouring property. Two rooflights would be more sympathetic than windows. REPRESENTATIONS One letter from an adjacent neighbour objecting on grounds of Overlooking and loss of privacy CONSULTATIONS None. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): SS 2 - Development in the Countryside Development Committee 10 15 October 2015 EN 4 - Design HO 8 - House extensions and replacement dwellings in the Countryside MAIN ISSUES FOR CONSIDERATION The impact of the annex as built and the relationship to the adjacent property. APPRAISAL The annex at Oaklea was granted planning permission in 2012 though work did not commence until earlier this year. However, the annex has not been constructed wholly in accordance with the approved plan and this application seeks to retain the annex as constructed. The main variations are detailed above though the annex is also marginally further away from the boundary than originally proposed. Originally, the proposed plan showed 1.5m to the side boundary whereas the current plan shows approximately 2.2m. There was a well-established hedge along the boundary previously which has been removed. Resiting the annex away from the boundary and the removal of the hedge has facilitated the construction of a walkway around the southern and western areas of the annex to join up with the verandah approved on the north and east sides of the annex. Along the western side the walkway is shown on the submitted plan as 2m wide but is in fact a little less than that. Nevertheless it is of sufficient width to serve as a seating area. Of the two unauthorised windows the bathroom is obscure glazed and the kitchen window is plain glass. The windows overlook the paddocks and riding arena of land that has permission as a riding school though it is understood the business is not currently trading. While there is overlooking into the neighbouring paddocks from the kitchen window and the decking, it does not directly overlook a private garden and the overlooking issue could be easily resolved with the erection of a 2m close boarded fence along the western boundary. Another hedge would be a better alternative solution but given the time this would take to grow and the restricted space between the boundary and the deck this is not considered a practical solution. The amended siting and design are considered acceptable and it is considered that subject to the erection of a 2m fence along the boundary the changes to the annex comply with Policy EN 4 of the Core Strategy. RECOMMENDATION: Approve subject to the conditions listed below. 1 The annex hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Oaklea, Thwaite Common, Erpingham. Reason: The site lies in an area of Countryside as defined in the North Norfolk Core Strategy whereby proposals for new independent dwellinghouses are not normally permitted, and the restriction is necessary to accord with Policy SS 2 of the adopted North Norfolk Core Strategy. 2 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking, amending or re-enacting that Order with or without modification) no enlargement of or other alteration to the annex hereby permitted (including the insertion or any further Development Committee 11 15 October 2015 windows or rooflights) shall take place unless planning permission has been first granted by the Local Planning Authority. Reason: The development of the site in the manner approved will necessarily result in a close knit group of dwellings where the siting, design and extent of any extensions/alterations must be controlled for the benefit of the residential and the visual amenities of the locality, and in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy. 3 Details of the external colour finish to the walls shall be submitted to and approved in writing by the Local Planning Authority prior to the commencement of development. The development shall be completed in accordance with the approved details. Reason: In order for the Local Planning Authority to be satisfied that the materials to be used will be visually appropriate for the approved development and its surroundings, in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy and Chapter 10 of the North Norfolk Design Guide. 4 Within two months of the date of this planning permission a two metre tall close boarded fence shall be erected along the western boundary for the length of the annex to include the walkways and verandah and thereafter retained while the annex remains in place. Reason: In the interests of privacy for the occupants of the adjoining land and in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy. 3. FAKENHAM - PF/15/0901 - Erection of two single-storey dwellings; 24a Holt Road for Mr R Whitby Minor Development - Target Date: 28 August 2015 Case Officer: Mrs G Lipinski Full Planning Permission CONSTRAINTS Settlement Boundary Residential Area TPO Tree Preservation Order RELEVANT PLANNING HISTORY PLA/20061770 PF Erection of three two-storey dwellings - Withdrawn 12/01/2007 PLA/20070149 PF Erection of three two-storey dwellings - Withdrawn 19/03/2007 PLA/20070673 PF Erection of three two-storey dwellings - Refused 06/12/2007 Dismissed at Appeal 13/06/2008 PLA/20090693 PF Erection of one and a half storey dwelling and garage - Approved 10/09/2009 THE APPLICATION Seeks to erect two single-storey dwellings Development Committee 12 15 October 2015 REASONS FOR REFERRAL TO COMMITTEE The application was deferred for a site visit at the last meeting. At the request of Cllrs. J. Punchard and J. Rest as both members are acquainted with the applicant. Cllr. Punchard believes there is scope at the site for the proposed development. TOWN COUNCIL Comments awaited. REPRESENTATIONS One letter of comment was received. The following points were raised: The tree referred to as T4 in the Arboricultural Method Statement is located within the garden of an adjacent property The garden is within a conservation area, thus the tree (T4) is protected via the conservation area designation The tree has high amenity value No work shall be done to the tree without the consent of the adjacent garden’s owner and the Council The Local Planning Authority received additional information from the applicant's arboriculturist on 15 September 2015 (Appendix 1). The information was in response to comments received from the District Council's Landscape Officer's consultation report. CONSULTATIONS Environmental Health: Comments awaited County Council Highway Authority: The Highway Authority was unable to submit a formal response at this time as additional and more up-to-date information is required. The submitted visibility splay measurements relate to an out of date publication ‘Places Streets and Movement’ measurements should now conform to current guidance ‘Manual for Streets (DfT 2007)’. Given the volume and speed of traffic using Holt Road visibility splays from a setback position of 2.4m should measure 43m northeast and 37m southwest. The Highway Authority also requires clarification as to whether the childminding facility at 24 Holt Road requires planning permission. If the extent of the childminding facility at the premises is such that planning permission is required it is unlikely the two allocated parking spaces, as illustrated on the submitted plans, would be adequate. Conservation, Design and Landscape Manager (Landscape): A dominant feature of the proposed development site is a mature Beech tree which is protected by a Tree Preservation Order (TPO). The Arboricultural Method Statement (AMS) submitted with the application demonstrates the proposed development could be accommodated while protecting the tree. However, the AMS does not take into account the recent illegal and inappropriate works that have damaged the tree. The tree has been badly pruned and the roots have been disturbed by the use of an excavator at the site. The Landscape Officer considers the proposed development would cause further damage to the tree at a time when it needs to be protected from any further works. The officer is of the opinion that the pressure of two dwellings and associated impact form two families living at the site would have a serious negative affect the tree and would be contrary to the TPO. Development Committee 13 15 October 2015 The tree needs time to recover from recent events before further work takes place at the site. The District Council’s Conservation, Design and Landscape section object to the proposal as it is in direct conflict to the TPO. The District Council's Landscape Officer made the following comments in relation to the additional information submitted 15 September from the applicant's arboriculturist (Appendix 1). The pruning works carried out to the tree fell well short of the British Standard and resulted in damage that the tree would find difficult to repair. The works granted permission would have been similar in volume to that removed illegally however the tree would have recovered and repaired the damage easier. The roots of a Beech tree are shallow and can be easily damaged. The disturbance by the excavator will have caused damage to the roots of the Beech tree and therefore the tree will need to repair these as well as the wounds made by the recent cutting. A large tree in a single garden will put pressure on the tree and will have to be managed carefully. Two gardens in the same space will put twice as much pressure on the tree and therefore will be in constant threat from the residents. Any activity under the tree must be carried out in such a way as not to damage it. If the Council considers that an activity has damaged the tree then they can consider legal action. The new owners of the property will be made aware that there is a Tree Preservation Order on the tree when they conduct a local search and therefore will be well aware of any restrictions. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, refusal of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy SS 8: Fakenham (identifies strategic development requirements). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). Development Committee 14 15 October 2015 MAIN ISSUES FOR CONSIDERATION 1) Principle of development 2) Impact of development on a tree subject to a Tree Preservation Order (TPO) 3) Design 4) Impact on Neighbouring Dwellings 5) Highway safety and car parking requirements APPRAISAL Determination of this application was deferred at the last meeting for a Committee site visit. 1) Principle of Development The application site lies in a residential area within the settlement boundary of Fakenham. The North Norfolk Core Strategy defines Fakenham as a Principal Settlement where proposals for the development of market housing are considered acceptable in principle, providing compliance with relevant Core Strategy policies. This site has an extant permission for the erection of a one and a half storey dwelling. 2) Impact of development on a tree subject to a Tree Preservation Order (TPO) The committee will note from the planning history section of this report that applications for multiple dwellings on this site have previously been submitted and refused; with one application (PF/07/0673) dismissed at appeal. The site has also been the subject of numerous pre-planning enquiries for two dwellings to be erected at the site. The planning history is considered to be a material consideration in the determination of this application as proposals for more than one dwelling on this site have been strongly resisted by officers since 2006. The reason being is because of the large mature Beech tree on the site which is subject to a Tree Preservation Order. Whilst the appeal submitted under PF/07/0673 was for three dwellings, not two, the Inspector's comments for that application remain relevant to this application. He stated that the tree makes a valuable contribution to the appearance of the area because of its stature and position, with the tree canopy reaching over a considerable area and that following development the occupiers could request the tree be removed or reduced in size due to perceived risks, damage to property or nuisance from falling leaves. These issues have remained a concern for Officers on schemes for more than one dwelling on this site, as the potential impacts to the tree on the site from such a development have not changed. The District Council’s landscape officer acknowledges that the AMS demonstrates how development can be accommodated while protecting the tree. However, it does not satisfactorily address the issues of liveability impact nor does it offer any measures to mitigate the recent illegal and inappropriate works to the tree. On the contrary the AMS submitted by the applicant highlights the potential liveability problems associated with dwellings in close proximity to mature trees. Section 3.6.2 of the AMS states “The main issues that tend to present with liveability of trees in relation to property are: Shading – direct and indirect light obstruction by trees Overbearing and ‘fear’ of trees failing or being ‘close’ Paragraphs 3.6.3 and 3.6.4 of the AMS states, “The location of the new buildings will Development Committee 15 15 October 2015 experience the following shading and overbearing issues …Both buildings will be significantly affected by the shade and skylight loss occasioned by the tree”. While the report goes on to say how the tree is the main focal point of the development and future occupants will be made aware that the “reduction or removal of the tree is not going to be an option for the residents to pursue in the future” (ibid). Clearly, this statement is not enforceable. The extensive glazing to property A, which faces east, will be shaded from the tree earlier in the day and property B with its heavily glazed front elevation facing north will also be in the shadow. Furthermore, as a result of this orientation property B would not benefit from solar gain. Given the level of shading coupled with the perceived risks associated with living in close proximity to a mature tree it is considered this would inevitably lead to future residence seeking to reduce or remove the tree, an opinion shared by the Planning Inspector when considering a previous application at the site. The Committee will note that the Landscape Officer is objecting to the application in view of the unauthorised works and the liveability pressures on this TPO tree. Additionally, while the AMS makes reference to the difference in ground level across the site the submitted plans do not indicate any change in ground level. This is of particular significance to the proposed dwelling to the south of the site. At the time of writing this report this information had been requested from the agent. 3) Design In terms of design, the proposed dwellings would lie to the west and south of the site and measure 17m W x 7m D x3.5 H (maximum height). Additionally each property would have a covered terrace to their front elevations. The proposed dwellings are acceptable in terms of their contemporary design, size and massing in relation to the overall size of the site. Irrespective of the acceptability of the proposed buildings' design, the Committee will be aware of the Officer's concerns with regard to orientation and glazing in relation to the tree. The proposal is therefore considered contrary to Policy EN4. 4) Impact on Neighbouring Dwellings In terms of impact on neighbouring dwellings, the positioning of windows and the single-story design of the dwellings suggest the development would not significantly negatively impact on the residential / garden amenity of the neighbouring properties. Whilst the proposed development may not impact on the amenity of the neighbouring properties it is considered there would be considerable overlooking between the proposed dwellings. The heavily glazed east and north elevations of the respective properties overlook the site's garden area and with a boundary treatment consisting of a either a 1m high chain link fence on metal / wooden posts or a 1m picket fence on wooden posts, neither would provide an adequate level of screening between the properties. This lack of residential and private garden amenity would inevitably lead to future occupiers either replacing the fence and or planting along the boundary in order to increase their privacy. Given the boundary fence is shown as running through the root protection zone gives cause for concern as to how much damage these changes could inflict upon the tree. Whilst the Local Planning Authority may have control over future fencing, the planting of hedges, shrubs or trees along the boundary would be out of the Local Planning Authority's control. Furthermore, the North Norfolk Framework Supplementary Planning Document: Design Guide states residents have a right to Development Committee 16 15 October 2015 adequate privacy levels and to be kept free from excessive noise and unwanted social contact The infringement upon residential and garden privacy and amenity is contrary to Core Strategy policy EN4 and Paragraph of the National Planning Policy Framework document. 5) Highway safety and car parking requirements The County Council Highway Authority raised two areas of concern. Firstly, the visibility splays as illustrated on the plans are considered inadequate, and the submitted details fail to demonstrate how the required distances could be achieved. The issue of inadequate visibility splays was raised by the Planning Inspector with regard to PF/07/0673. Albeit that proposal was for three dwellings, nevertheless highway safety is essential no matter the number of dwellings. At the time the Inspector noted some of the land required for the visibility splays to the southwest was not within the applicant's control and not part of the highway. Without such control, there is a risk that visibility to the southwest could be restricted. Given that Holt Road is a busy through road the Inspector found the restricted visibility contrary to highway safety policies. The comments received from the Highway Officer suggest a similar situation exists with the current proposal. Secondly, within the shared access driveway two parking bays have been allocated for the use of the neighbouring property, 24 Holt Road. The Highway Authority officer noted that a childminding facility operates from that address. Depending on the scale of the childminding facility planning permission may or may not be required. Should the facility require planning permission it is highly likely additional on-site parking bays would be required. Until the officer has additional details regarding the visibility splays and clarification on the parking requirements for 24 Holt Road he is not able to submit a formal response. CONCLUSION The proposed development fails to provide adequate visibility splays, is likely to be detrimental to the health of a significant tree on the site (the subject of a Tree Preservation Order) and will result in a poor relationship between the 2 dwellings. The proposed is therefore contrary to the adopted policies of the Development Plan RECOMMENDATION: To REFUSE for the reasons specified below: The development would result in damage to, and prejudice the retention of, the Beech tree which is subject to a Tree Preservation Order. Furthermore, the future occupation of the proposed dwellings in close proximity to this mature tree would inevitably lead to pressure for felling or pruning as a result of overshadowing of the site or concerns for safety. Due to the layout of the dwellings and the proposed boundary treatment it is considered the proposal would result in an unacceptable relationship between the dwellings on the site to the significant detriment of the privacy of the occupants by way of overlooking. The applicant has failed to demonstrate the required visibility splays would conform to current standards. Additionally, there is a failure to demonstrate the two parking bays allocated to 24 Holt Road would meet the requirements of the childminding facility which operates from that property. Development Committee 17 15 October 2015 4. LITTLE BARNINGHAM - PF/15/1035 - Demolition of dwelling and erection of two-storey dwelling and garage; Church Cottage, The Street for Mr J Woodeson Minor Development - Target Date: 28 September 2015 Case Officer: Miss J Medler Full Planning Permission CONSTRAINTS Conservation Area Countryside RELEVANT PLANNING HISTORY None THE APPLICATION Is seeking permission for the demolition of the existing dwelling and erection of two storey replacement dwelling and garage. The proposed dwelling has an 'L' shaped footprint, and would be constructed along the north and east boundaries of the site. The ground floor level of the proposed dwelling is to be earth sheltered by re-grading of the garden banks to the north and east boundaries. The first floor level would consist of two separate "pavilions". The materials to be used on the external exposed walls at ground floor are brick, flint and pintiles bedded into lime mortar with brick quoins to openings and corners. At first floor the appearance would be more of a lightweight structure clad in Larch timber boarding and allowed to weather grey, with a zinc coated aluminium standing seam roof. External joinery would be Passivhaus standard, triple glazed, powder- coat faced aluminium/timber frames. Thermal storage in conjunction with solar gain and a heat recovery system may result in the house not requiring heating. There are also a number of dilapidated outbuildings and sheds across the site. Amended plans have been submitted reducing the width of the service tower from 5m to 3m, and introduction of a glass box over staircase. A street scene plan has also been submitted. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor G Perry Warnes having regard to the following planning issue(s): 1. Local opposition 2. Impact on skyline next to church PARISH COUNCIL The Parish Council voted unanimously against this planning application for the following reasons: The village is a conservation area and the application is next to the church which is a listed building. The Parish Council has no aversion to modern architecture in the right setting, these plans are alien in relation to other buildings in the village. Development Committee 18 15 October 2015 The planned building in the heart of the village bears no relativity to the context of the village. The situation, next to the church and opposite what will be a new sympathetic build will make this appear even more alien. The lower storey of the building which will not be seen is made from materials sympathetic to the surrounding but the upper storey which will be on view from many parts of the village is made of larch and zinc totally foreign in the surroundings. The amount of glass in the building gives concern for the amount of light pollution this could produce. The building has many glass windows to give views over the village, but we have been told by the architect that the building will be hidden by trees and hedges and the owner 'is not intending to remove these' therefore making the views limited, the more the views are opened up the more on display this building will be. The zinc roof likened to an industrial building will become the dominant feature of the skyline, spoiling views of the village and the church. Current roofing material in the village is Norfolk Pantiles could the plans/slope of the roof be amended to allow the use of local materials rather than zinc. The plans are for a building approximately double the size of the current structure, does this conform with current planning rules? REPRESENTATIONS Four letters of objection and one comment have been received raising the following points: 1. Out of character with area 2. Inappropriate development in village setting next to ancient church 3. Not visually attractive 4. Contrary to NPPF 5. Impact on heritage asset 6. Fails to integrate into the natural, built and historic environment 7. Poor design 8. Fails to improve character and quality of area 9. Out of scale with site 10. Footprint greatly exceeds the property which it is proposed to demolish 11. Design bares no relationship to context of surrounding buildings nor to North Norfolk domestic architecture 12. Roof height is excessive and clad in appropriate industrial material 13. Extensive glazing increasing light pollution 14. Unsympathetic materials 15. Concerns at loss of trees surrounding site 16. Overlooking CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design): Although a longstanding part of the village, Conservation & Design are unable to sustain an objection to the demolition of the existing building for the following reasons: 1. 2. 3. 4. It is not of any particular architectural or historic merit, It has been heavily altered over time, It is in a particularly poor state of repair, and It makes a negligible contribution to the wider Mannington & Wolterton Conservation Area by virtue of its modest size and relatively private setting. In terms of the replacement proposals, the following comments can be offered: Development Committee 19 15 October 2015 Scale & Massing The proposed building would clearly have a much greater footprint than the existing cottage and would thus provide a substantial increase in floorspace. Despite this, however, it is not considered that the new build would be out of scale with its surroundings or its own site. This is largely because it would be broken up three-dimensionally and would affectively consist of a single-storey core sandwiched by a pair of two-storey pavilions. Hence, it would not be viewed as a single monolithic mass. Form Under this heading, an L-shaped plan-form has been proposed specifically in response to the encircling contours of the site. This should ensure that the new dwelling is properly housed on the site rather than appearing as an unsympathetic addition. As regards the mono-pitch roofs, it has always been considered that these would have been better turned through 90˚ so that they slope down into their respective embankments. However, the fact that they would appear to run counter to the levels is not seen as a sustainable ground for objection given the discrete nature of the site. Design & Appearance Although clearly contemporary in its elevational treatment, the new build would be grounded on the site through its solid brick and flint plinth. With this also interlaced with pintiles, the net result should provide an attractive arts & crafts base to the dwelling. At first floor level, meanwhile, the building has been given a more lightweight treatment to further reduce its apparent bulk and to reflect its verdant setting. The net result should be a bespoke composition which provides a level of visual interest way in excess of that provided by the existing cottage. Materials In addition to the vernacular materials mentioned above, the larch cladding proposed will go grey over time and will be relatively recessive material within its treed surrounds. It should also blend well with the zinc proposed for the roofslopes. Whilst accepting that there is no immediate precedent for its use within Little Barningham, zinc is in fact a high quality material which has been used successfully elsewhere within and outside the District in a traditional context (Dragon House, Thornage; Holt Church Extension; Curve House Edgefield; Norwich Cathedral Refectory, etc). There is therefore no reason to believe that it would not produce a similar complimentary (and yet contrasting) appearance here. Conclusion In offering the above comments, C&D are mindful and respectful of the concerns expressed locally about the design and materials proposed. At the same time, however, we do have to give weight to the mix of building styles and materials found locally. We also have to acknowledge that the proposed building would be an honest design which has been informed by its site and which would be distinct to its locality. For these reasons, and because; a) the conservation area designation relates primarily to the wider Mannington & Wolterton estate rather than to the village itself, and b) the new build would not compete with, or impinge upon any of the existing views of, the Grade II* Listed St Andrew’s Church, it is not considered that the proposed scheme would result in any harm being caused to the overall significance of the existing heritage assets. In the event of approval being issued, conditions covering the prior agreement of bricks and zinc samples are requested. Development Committee 20 15 October 2015 County Council Highway Authority: No objection subject to parking and turning be conditioned. Environmental Health: No objection subject to imposition of advisory notes. Environment Agency: No response Conservation, Design and Landscape Manager (Landscape):The proposed dwelling will have a significant visual impact in the local environment. The height of the building (particularly the main north-western element of the dwelling) will be visible from the south-west and from the north-east across the fields (a northern elevation drawing has not been provided). The building will rise up above the existing retained vegetation with limited scope for future screening on the northern elevation. The proposed orchard on the southern elevation is unlikely to reach sufficient height to screen the building completely. The Council therefore has to be confident that the design of the replacement dwelling is suitable and capable of sitting comfortably within the Conservation Area and adjacent to the Church. Colleagues in Conservation and Design are able to provide comment on this subject area. Although the Arboricultural Report illustrates that majority of the trees on the southern boundary will be removed (specifically trees T12, T11 and Group 3), the report does not illustrate trees outside of the boundary of the property. Therefore a number of trees will remain between the church walkway and the site boundary helping screen the building from the south-westerly direction and can be supplemented by replacement planting. With respect to the impact on trees, the Arboricultural Report indicates that one category B tree, seven category C trees and three groups of trees will be removed to facilitate the development. These tree removals are acceptable in association with the construction of the replacement dwelling subject to replacement planting. However, because of the remaining retained trees on the site and the size and position of the replacement dwelling, there will be an impact on the existing trees. The consulting arborist is confident that the dwelling can be constructed without having a detrimental impact but this will require root pruning to some trees, extensive protective barriers and temporary ground protection as well as arboricultural supervision. The construction will be a complicated process and constrained by the trees and from experience it cannot always be guaranteed to be completed according to the methodology. There is likely to be an additional resource placed on the Council to ensure that the development is completed in accordance with the tree protection measures and specified methodology. A tree has been missed off the tree survey, this is a mature holly growing in the hedge on the south boundary. This tree has an approximate diameter of 20cm and should be classified as a tree under the survey and would be protected as part of the Conservation Area regulations. The tree is not part of the holly hedge that delineates the boundary and has not been managed as part of the hedge. The survey and method statement need updating to reflect this omission. In addition Section 6 of the Arboricultural Report indicates that some of the existing hedging will be removed yet this is not clear on the plans? This should be clarified as the existing hedging is important and contributes to screening the proposed dwelling. In addition to the above, an ecological report has been submitted. This has been prepared in accordance with the British Standard for Biodiversity (BS42020:2013) and by Suitably Qualified Ecologists. The survey did not identify any bat roosts or bats within the property although the dwelling did provide some potential roosting Development Committee 21 15 October 2015 opportunities. Bird nests were identified therefore mitigation will be required. The report provides recommendations for mitigation and enhancement which will safeguard ecology at the site, subject to the implementation of these recommendations there is no objection in respect of ecology and policy EN9. Although the Landscape Section does not object to the application, this is subject to conditions and subject to Conservation and Design colleagues being accepting of the design, the site does pose a number of constraints to development which will need to be carefully managed and mitigation measures implemented. In addition, some further clarification is required with respect to the arboricultural report. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy HO 8: House extensions and replacement dwellings in the Countryside (specifies the limits for increases in size and impact on surrounding countryside). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). Policy EN 9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). MAIN ISSUES FOR CONSIDERATION 1. Acceptability of development 2. Design 3. Impact upon Conservation Area and setting of Grade II* listed Church 4. Impact upon neighbouring dwellings 5. Impact upon trees and protected species APPRAISAL 1. Acceptability of development The site is located within the Countryside Policy Area (SS2) as designated in the adopted North Norfolk Core Strategy. In such a location replacement dwellings are permitted. There can therefore be no policy objection to the principle of the proposal. Development Committee 22 15 October 2015 However, such proposals in this location are required to comply with Policy H08 which permits replacement dwellings provided that they: a) would not result in a disproportionately large increase in the height or scale of the original dwelling, and b) would not materially increase the impact of the dwelling on the appearance of the surrounding countryside. In determining what constitutes a 'disproportionately large increase' account will be taken of the size of the existing dwelling, the extent to which it has previously been or could be extended under permitted development rights, and the prevailing character of the area. The existing dwelling is a fairly modest cottage set back into the north east corner of the site, over 35 m from the road. Whilst the overall length of the existing dwelling measures approximately 19m from east to west, it has a low ridge height of some 5m making it no taller than most single storey dwellings. It has a footprint of approximately 116sqm, and total floor area of approximately 217sqm. There are a number of detached and dilapidated outbuildings across the site which are to be demolished as part of the proposal. These structures have a cumulative floorspace of approximately 116sqm, in their own right. The proposed replacement dwelling has a footprint of approximately 364sqm, total floorspace of approximately 522sqm and varying roof heights ranging from approximately 3m to 8.5m. There is also what is referred to as a service tower which is approximately 9.5m in height. The increase in floorspace between existing and proposed is approximately 140%. However, if the existing outbuildings on the site are included in this calculation the increase in total floorspace from all structures is approximately 63%. In terms of comparing these floorspace figures there is no dispute that the proposed replacement dwelling would be significantly larger than the existing dwelling on the site. However, the majority of the overall floorspace of the proposed replacement dwelling is at ground floor level, and utilises the existing topography of the site. This is by partially building the proposed dwelling into the sloping banks to the north and east boundaries and re-grading these areas to create a part earth sheltered house. The proposed dwelling would therefore be partially 'lost' into the existing landscape features on the site minimising the overall visual impact and appearance of scale. At first floor level two separate 'pavilions' are proposed. They would be separated by the newly created roof garden above the ground floor. The floor space of the 'pavilions' constitutes less than half of the floor space proposed at ground floor level (approximately 43%). The height of the 'pavilions' vary which is partly because of slight variations in ground levels across the site, but also because of the mono-pitch roof design ranging from 5m up to 8.5m. This would be up to a 3.5m increase in height when compared to the existing dwelling. However, given that this increase in height is not across the whole of the first floor areas due to the mono-pitch roof design, it is not therefore considered that the height of the proposed dwelling is disproportionate to the existing. Given the position of the existing dwelling on the site there is limited scope for alterations under permitted development rights. This is due to the site constraint of steep sloping banks to the north and east boundaries and that the site is located within Development Committee 23 15 October 2015 the Conservation Area, where there are restrictions in terms of extending a dwelling without planning permission. In terms of prevailing character of the area there is a mix of dwelling type, scale, design and use of materials. It is not an area where one character prevails over another. There are disused barns opposite the site to the south, the church to the east on significantly higher ground than the application site and surrounding properties, and to the west are two storey dwellings which although 'modern' have a traditional appearance in the sense that they have pitched roofs. The ridge height of these immediate neighbouring dwellings is approximately 8.5m, across the whole roadside frontage, and approximately 9.5m to the top of the chimneys. The proposed replacement dwelling is no taller than this at its highest points. The proposed service tower is approximately 9.5m in height which is again no different to the neighbouring dwellings including the their chimneys. The ground levels between the site and the neighbouring dwellings differs, as the levels drop the further west you are from the site. This means that the dwellings all gradually step down from the application site by approximately 1m. Whilst there is a significant increase in floorspace and the scale is greater than the existing dwelling it is in part mitigated by the use of topography on the site, design and materials. There is also a clear increase in height, but given the mix and scale of dwellings in the immediate area it is not considered to be disproportionate. The site is of more than ample size to accommodate the proposed dwelling. There is therefore no objection to a replacement dwelling on this site which is larger in scale than the existing. Notwithstanding the comments of the Landscape Officer the site would not be visible from the east until you are directly outside the site. Views approaching from the west would also be limited until in closer proximity. Whilst there are steep banks with vegetation to the north and east the upper levels of the proposed dwelling would be visible from the north, but no more so than a traditional style two storey dwelling. Given that the site is located within an already developed settlement and is not in an isolated location there are dwellings to the west and south east, disused barns to the south and the church to the east, it is not therefore considered that the proposed dwelling would materially increase the impact on the appearance of the surrounding countryside. 2. Design The design of the proposed dwelling is "unashamedly contemporary", as stated by the applicant's agent in the Design and Access Statement submitted with the application. This is in contrast to the traditional and modest appearance of the existing dwelling which is fairly inconspicuous in the street scene, and is considered to be of no architectural merit, contributing little to the character of the area. The Committee will note the objections received from local residents in the Representations section of this report and from the Parish Council. A number of issues have been raised regarding the design, materials and appropriateness of such a proposal in this location, given that the site is in the Mannington and Wolterton Conservation Area and adjacent to the Grade II* listed St Andrews Church. However, in this case it is considered that the site is capable of accommodating a dwelling of a contemporary design. Whilst the proposed dwelling is significantly larger than the existing dwelling it has been designed in such a way to minimise the visual impact by using the topography of the site, and re-grading the existing sloping banks within the site boundaries, as well as breaking up the scale and mass of the first floor Development Committee 24 15 October 2015 by creation of two separate 'pavilions'. The height and proportions of the two storey elements of the proposal are not out of keeping with the scale and massing of the neighbouring dwellings. The use of differing materials and fenestration has also been used to break up the elevations and create visual interest. Given the mix of architectural styles in the immediate area a contemporary design is supported. The design includes Passivhaus standard, triple glazed, powder-coat faced aluminium/timber frames. Thermal storage in conjunction with solar gain and a heat recovery system is also proposed and may result in the house not requiring heating. The orientation and glazing would help to maximise solar gain from the site. Policy EN4 of the Core Strategy positively encourages high quality, innovative and energy efficient design. In addition paragraph 60 of the NPPF states that "Planning policies and decisions should not attempt to impose architectural styles or particular tastes and they should not stifle innovation, originality or initiative through unsubstantiated requirements to conform to certain development forms or styles. It is, however, proper to seek to promote or reinforce local distinctiveness". Paragraph 63 of the NPPF states that "In determining applications, great weight should be given to outstanding or innovative designs which help raise the standard of design more generally in the area". The North Norfolk Design Guide also provides a number of guiding principles when considering a contemporary and locally distinctive building under paragraph 2.3.1. It refers to successful architecture having less to do with a particular style and more to do with the successful co-ordination of proportions, materials, colour and detail, and how it also creates its own sense of place and character. It also refers to a development relating well to their context by making the most of existing landscape features and topography, and that developments should respond to the scale and massing of their neighbours and to the overall rhythm of the street scene. In terms of materials a solid brick and flint plinth, interlaced with pintiles is proposed at ground floor. It is considered that this would ground the development on the site, and use the more traditional materials found in North Norfolk. The timber cladding is proposed at first floor along with areas of glazing, which would provide a more lightweight treatment creating visual interest. The cladding would be larch which would be allowed to weather naturally to a silver/grey creating a more recessive appearance. Concerns have been raised regarding the use of zinc on the roof. However, Officers have no objections to the use of this material. While it is accepted that there is no immediate precedent for its use within Little Barningham, zinc is a high quality material which has been used successfully elsewhere within and outside the District in traditional context. The Design Guide advises that in terms of materials it is not necessary to slavishly copy existing materials. It can involve creating interesting contrasts and textures between complementary materials creating a richness and variety not sameness and uniformity. The Committee will note the comments of the Conservation and Design Officer who has raised no objection to the proposal. The proposal is therefore considered to be acceptable in terms of design in accordance with Policy EN4. 3.Impact upon Conservation Area and setting of Grade II* listed church The site is located within the Mannington and Wolterton Conservation Area, and is located to the west of the Grade II* listed St Andrews church. The Conservation and Development Committee 25 15 October 2015 Design Officer has been consulted on this matter and has raised no objection. He considers that weight has to be given to the fact that there is a mix of building styles and materials locally, and that it is acknowledged that the proposed dwelling would be an honest design which has been informed by the site and would be distinct to its locality. He also states that for those reasons and because the conservation area designation relates primarily to the wider Mannington and Wolterton estate rather than to the village of Little Barningham itself and that the new building would not compete with or impinge on any of the existing views of the Grade II* listed St Andrews Church. it is not therefore considered that the proposed scheme would result in any harm being caused to the overall significance of the existing heritage assets, including the character and appearance of the Conservation Area. The proposal is considered to be acceptable in terms of compliance with Policy EN8. 4. Impact upon neighbouring dwellings The nearest neighbouring dwelling is Pound House, a 'modern' dwelling, to the west of the site. There is a field access track in between Pound House and the application site. The eastern gable of Pound House would face the application site, and has no first floor windows. There would be approximately 37m between Pound House and south projecting wing of the proposed dwelling. Whilst there is a first floor window to a small kitchen area and glazing to a studio, these face the gable of Pound House, and given the positioning, distance and boundary treatments it is not considered that this would constitute any significant overlooking or loss of privacy to Pound House. There is also a window at first floor to a bedroom facing the north west corner of the application site. However, this is a secondary window, and is some 20m away from the boundary with Pound House. It is not therefore considered that this would result in any significant overlooking or loss of privacy. The first floor terrace garden would also have views to the west, but again due to distances between dwellings and boundary treatments it is not considered that this would result in an unacceptable relationship between dwellings. The main grassed garden area still remains at ground floor in a central position to the site. There is a terrace on the first floor garden area but this screened to the west preventing any possible overlooking. 5. Impact upon trees and protected species. An Arboricultural Impact Assessment has been submitted with the application. It states that "the design has been developed with the benefit of arboricultural advice sought at an early stage in order to retain screening and keep the most prominent mature trees". One Category B tree and seven Category C trees are to be removed for development purposes along with three groups of conifers. They are to be replaced with seventeen new heavy standard trees which will include large native species such as Oak and Beech to maintain long term mature tree cover, a new orchard and new native hedging approximately 30m in length supplemented by ornamental tree planting. All retained trees will be properly protected in accordance with the appropriate BS during construction. The Committee will note that the Landscape Officer has raised no objection to the application but has requested additional information in terms of an updated tree survey as a Holly tree appears to have been missed and what hedge removal is proposed. At the time of writing this report this information was awaited. The Committee will be updated at the meeting. In terms of protected species a survey has been submitted with the application and Development Committee 26 15 October 2015 concludes that no bat roosts were found. Bird nests were identified and mitigation is therefore required and can be addressed by way of condition. The Landscape Officer has confirmed that there are no objections in terms of ecology on the site. The proposal is therefore considered to be in accordance with Policy EN9. Conclusion The Committee will note that no response has been received from the Environment Agency and that no other consultees have raised an objection. Notwithstanding the objections of the Parish Council and local residents the proposed replacement dwelling is considered to be acceptable in this location. Whilst the dwelling would be significantly larger than the existing dwelling it is not considered that this would have a significant detrimental impact upon the character and quality of the area or on the character and appearance of the Conservation Area or setting of the Grade II* listed Church. The relationship to neighbouring dwellings is also considered to be acceptable. The proposal does not significantly conflict with adopted Development Plan policies. The application is currently being re-advertised as affecting the setting of a listed building. Therefore subject to no new material grounds of objection being raised following this re-advertisement and subject to the Landscape Officer being satisfied with the additional information requested the recommendation is one of approval. RECOMMENDATION: Delegated authority to approve subject to no new grounds of objection following re-advertisement, no objections from the Landscape Officer following receipt of the requested additional information and imposition of appropriate conditions including statutory time limit, in accordance with approved and amended plans as well as Arboricultural Impact Assessment and Protected Species mitigation, materials, landscaping, and any other conditions deemed necessary by the Landscape Officer. 5. NORTH WALSHAM - PF/15/1137 - Erection of single-storey side and rear extensions and replacement detached garage (re-submission 15/0847) Part retrospective; 3 St Benets Avenue for Mr G Sexton - Target Date: 25 September 2015 Case Officer: Mrs L Starling Householder application CONSTRAINTS Residential Area Settlement Boundary Tree Preservation Order RELEVANT PLANNING HISTORY PF/15/0847 HOU - Proposed single-storey side and rear extensions and replacement detached garage - Withdrawn by Applicant on 22nd July 2015. PF/14/0728 PF - Erection of one and a half-storey dwelling and detached garage Refused on 4th September 2014 Dismissed on Appeal on 2nd February 2015. THE APPLICATION Seeks full planning permission to carry out extension and alteration works to a detached bungalow on St Benets Way in North Walsham. The scheme would comprise of the construction of a side porch extension measuring 1.8 metres by 4 Development Committee 27 15 October 2015 metres, and a single-storey garden room extension to the rear of the property measuring approximately 3.9 metres by 3.6 metres. Both extensions would be constructed in horizontal imitation timber cladding (known as hardiplank) in a greyish/blue colour finish (boothbay blue), set on a cream painted render plinth. Planning permission is also sought to construct a pitched roof above the existing single-storey rear extension (including replacing the existing hipped roof with a gable and the installation of rooflights to provide accommodation in the roofspace. The application is part retrospective as some works including the changes to the roof have already been undertaken. An existing garage would be demolished on the site and replaced with a detached single-storey pitched roof detached garage located to the south-east of the existing bungalow. The garage would be constructed in cream painted render walls and red clay pantiles, and would measure approximately 4.5 metres by 8 metres with a height to the ridgeline of 4 metres. The scheme also involves the cladding of the existing bungalow in hardiplank cladding set on a cream rendered plinth to improve insulation. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Peter Moore, due to concerns in respect of the previous site history and visual impact. TOWN COUNCIL No objections. REPRESENTATIONS Six letters of objection have been received from local residents on the following grounds; Works commenced prior to permission being granted. Use of cladding being inappropriate in this location, with the colour (boothbay blue) also being inappropriate. Concerns relating to maintaining hedges and fences on adjoining properties, and the impact of an unauthorized shed (which does not form part of this application). Plans not showing dimensions of proposed garage etc. CONSULTATIONS None HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Development Committee 28 15 October 2015 Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of development 2. Design and visual impact 3. Impact upon residential amenity 4. Highway safety APPRAISAL Principle of development The site lies within the settlement boundary for North Walsham as defined in the adopted North Norfolk Core Strategy where the principle of residential extensions, alterations and the construction of domestic outbuildings is considered acceptable, subject to the compliance with Policies SS1, EN4, CT5 and CT6 of the adopted North Norfolk Core Strategy. Design and visual impact Policy EN4 of the adopted North Norfolk Core Strategy supports the principle of extensions to dwellings providing that they are acceptable in terms of their design, scale, siting and materials, and would protect the appearance and character of the surrounding area. Concerns have been raised locally that the alterations and extensions proposed, particularly in respect of the use of coloured hardiplank cladding, would result in a development which would be out of keeping with the appearance of the neighbouring properties, and cause detriment to the character and appearance of the surrounding area. Members will note that recent planning application (ref: PF/15/0847) was withdrawn due to concerns raised by officers in respect of the scale and materials to be used in the construction of the proposed garage, and in order to allow alterations to the roof and other amendments to be included as part of the application. Following discussions with the agent, the design of the proposed garage was subsequently amended, resulting in a reduction in the overall length from 10 metres to 8 metres, with the materials to be used on the garage changed from cladding to cream painted render. Furthermore, the use of hardiplank cladding on the main property as proposed, whilst not reflecting the character of the surrounding development, could be carried out as 'permitted development' and therefore not require planning permission in its own right. Therefore, given the amendments which have been made in respect of the proposed garage, the modest scale of the extensions proposed, and the fact that the alterations to the external appearance of the existing property could be carried out under 'permitted development', on balance, it is considered that the scheme would be broadly acceptable and would not be significantly detrimental to the appearance and character of the wider area, in accordance with the requirements of Policy EN4. Impact upon residential amenity The property is situated in a predominantly residential area, with existing properties situated to the east and west. Notwithstanding this, it is considered that the Development Committee 29 15 October 2015 extensions proposed, including the alterations to the roof and the proposed garage, have been designed in manner which would minimise any impacts on the residential amenities of the occupants of the adjoining neighbouring properties in terms of overshadowing, loss of light, privacy or disturbance. It is therefore considered that the scheme would adequately protect residential amenity, and would accord with the requirements of Policy EN4 of the North Norfolk Core Strategy. The issue raised in respect of access to maintain hedges and fences on adjoining properties is a civil matter. Highway safety Whilst the proposal involves a larger replacement garage to that being demolished, along with the construction of an extension to the side of the property, the new garage would be set further back into the site, with the scheme not having any implications in respect of traffic generation or result in the unacceptable loss of onsite parking. It is therefore considered that the proposal would safeguard highway safety, and accord with Policies CT5 and CT6 of the Core Strategy. Conclusion In conclusion, it is considered that the proposals would be acceptable in terms of their design, scale, materials and siting, and would not have a significantly harmful impact on either the character and appearance of surrounding area or on the residential amenities of the occupants of the neighbouring properties in respect of loss of light, privacy and noise and disturbance. Furthermore, the scheme would not have any implications in respect of highway safety. The application accords with adopted Development Plan Policy and is recommended for approval subject to the imposition of conditions. RECOMMENDATION: Approve subject to the imposition of the following conditions; 1. The development to which this permission relates shall be undertaken in strict accordance with the submitted and approved plans, drawings and specifications. Reason: To ensure the development is carried out in accordance with the expressed intentions of the applicant and to ensure the satisfactory development of the site, in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy. 2. The external materials to be used on the development hereby permitted shall be in full accordance with the details submitted in the planning application, unless otherwise approved in writing by the Local Planning Authority. Reason: To accord with the expressed intentions of the applicant, in the interests of the visual amenities of the area and because the Local Planning Authority wishes to retain control over the type of possible alternative materials to be used in the approved development, to ensure the acceptable appearance of the building in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy and Chapter 10 of the North Norfolk Design Guide. Development Committee 30 15 October 2015 6. WELLS-NEXT-THE-SEA - PF/15/0886 - Variation of conditions 3 & 18 of planning permission ref: 11/0509 to permit retention of revised projecting windows to east elevation; Quayside Court, The Quay for T Gill and Son (Norwich) Ltd Minor Development - Target Date: 13 August 2015 Case Officer: Mr D Watson Full Planning Permission CONSTRAINTS None relevant to the consideration of this proposal. RELEVANT PLANNING HISTORY Planning permission (11/0509) for the erection of 2 A1 retail units, 1 A1 retail unit with ancillary first floor office/store and 9 flats was granted on 7 September 2011. The approved plans (PL01/A and PL02/A) showed a number of projecting windows to the east elevation at first and second floor levels. Condition 3 required the development to be carried out in accordance with the approved plans except where further details were required by other conditions. Condition 18 required further details through the submission of 1:10 scaled drawings of the projecting windows for approval prior to their installation, and then for them to be constructed in accordance with the approved details. The reason given for the condition was to ensure the windows were complementary to the appearance of the building, in accordance with policy EN 4 of the NN Core Strategy. The Highway Authority raised no objections to that application subject to the inclusion of a number of conditions. Nearby residents did however raise concerns about the proposed projecting windows and the report to the meeting of the Development Committee on 23 June 2011 states: "the concerns of residents regarding projecting windows on the eastern elevation have been brought to the applicant's attention but, in view of the lack of objection on highway safety grounds from the statutory consultee, it is not considered that refusal on highway safety grounds could be substantiated or supported by officers, particularly as the windows are understood not to overhang the highway. The applicant has indicated that vehicles striking the building in the manner described in the representations would be highly unlikely and have submitted plans to support this opinion". Two non-material amendments to the approved scheme have subsequently been approved as follows: 1. Changes to the design of the third floor roof, installation of a privacy screen and to change a door to a window for flat 7 - November 2013. 2. Revisions to the ground floor front elevation windows increasing the glazed area to the shop windows whilst not increasing the area of the openings themselves December 2013. These amendments did not allow for any changes to the projecting windows and relate solely to the changes applied for. Details of the proposed projecting windows were received in March 2013 and were approved on 26 April 2013. The approved drawing (WD24) and an updated site Development Committee 31 15 October 2015 layout plan showed the windows projecting 590mm plus the thickness of the external cladding from the east wall of the building and them sitting back slightly from the line of the kerb. In April 2014 shortly after the development was completed a complaint was received from a resident of Croft Yard on the grounds that the projecting windows projected further and sat lower than indicated on the approved plans, which restricted access to Croft Yard for larger vehicles. Further complaints from other residents followed referring to difficulties delivery and bin lorries had negotiating Croft Yard. Initial investigation concluded that there was a breach of planning control as the windows sat lower than shown on the approved plans and projected over the kerb line. Following this measurements were taken at the site and compared with those on the approved plans as follows: Projection of windows from east wall - 0.71m (approved plans - approx. 0.63m) Height above road level to underside of windows 2.48m (northern window) and 2.49m (southern window) (approved plans - approx. 2.58m) Distance between front face of windows and west facing wall of The Granary opposite - 3.76m (approved plans - 3.84m) There was no difference in the wall-to-wall distance between facing walls across Croft Yard (4.47m) The projection of the kerb from the east wall was less 0.58m (approved plans approx. 0.67m) It was acknowledged that there was a technical breach of planning control, but following the receipt of no grounds for objection from the Highway Authority and Building Control Manager, it was agreed in consultation with the then Chair and Vice-Chair of the Development Committee and the local ward councillors that it would not be expedient to take formal enforcement action to secure compliance and that the developer be invited to submit an application to vary relevant conditions on the original planning permission. THE APPLICATION Seeks to vary the following conditions attached to planning permission 11/0509: Condition 3 which lists the approved plans, drawings and specifications except as where may be required by other conditions, for example those requiring further details; and Condition 18, which required the submission of large-scale details of the windows to be installed on the east side elevation. This is to enable the windows to be retained as built. (It should be noted than publicity for the application stated variations of conditions 2 and 3. Whilst this was an error it is not considered this has resulted in any prejudice to either the applicant or objectors). The submitted plans show the following: Overall projection the windows from the east wall of the building - 0.710mm Height above surface of Croft Yard - 2.470m Distance from front face of windows to west flank wall of The Granary - 3.760m Projection over the kerb line. Development Committee 32 15 October 2015 Quayside Court is a mixed-use retail and residential development that was completed in 2014. It occupies the site of the former Grays Amusements, fronting The Quay, Wells and is within the Wells Conservation Area. The east side of the development adjoins Croft Yard, which provides vehicle access to a number of properties. There are three projecting box bay windows on the east elevation. These are clad in zinc with windows in their north and south sides. The northernmost bay is at first and second floor level, the middle to the first floor level and southernmost to the second floor. There is a narrow margin with upstand kerbs along its edge running adjacent to the east wall of the building. On the opposite side of Croft Yard is The Granary, an older building of similar scale that is in residential use above offices. REASONS FOR REFERRAL TO COMMITTEE The application is brought to committee at the request of Cllr V Fitzpatrick because of the contentious issues involved and the level of objections. TOWN COUNCIL Wells Town Council: object as the windows have been built in contravention of the planning permission and obstruct vehicular access for the residents of Croft Yard. REPRESENTATIONS Objections have been received from nine separate nearby residents some of whom have sent in a number of letters. The summarised grounds are as follows: The windows should not have been approved; Access for large vehicles is now restricted. The most northerly window has been damaged twice by vehicles attempting to access Croft Yard; Refuse vehicle can no longer access the yard and now a smaller vehicle has to be sent. Removal vans similarly have difficulty accessing it; Major safety concern about access for fire service vehicles; Windows are a monstrosity, ugly, not in keeping and serve no functional purpose; Only a matter of time before there is more serious damage to the windows, a high-sided vehicle or both; It is development through the back door; Latest example of the developer pushing the planning boundaries to beyond the limit to the detriment of the residents of nearby properties; Windows project over a public footpath and vehicular right of way for about 35 dwellings in Croft Yard; Windows have built over the property of others; Croft Yard has been narrowed at the harbour end and the east elevation has been extended over it, in addition to the windows projecting further than approved; The pediment of The Granary projects out by 200mm reducing the width of the access at the point of entry to 3.55m not 3.7m as measured; Land has been taken from Croft Yard along its full length. CONSULTATIONS Consultations carried out at time of investigation of complaint in 2014: Building Control: Approved Document B states 3.7m is required between kerbs which due to the projection of the bay windows is not achieved; however as this is a small reduction in width, a minimum of 3.1m is still achieved which would be acceptable if the developer had closed the opening with a gate. It is therefore considered that as built the development does not adversely affect access for fire service vehicles. Development Committee 33 15 October 2015 Highway Authority: there is no dispute that Croft Yard is a public highway but it is specifically recorded within the definitive map and statement as a public highway on foot only (Wells FP9). There are no existing public rights to drive a vehicle along it. It has not been shown that a public vehicular use has become established. Use by residents and delivery vehicles are not examples of public use, but rather individuals exercising a private right of access. Neither the reduction in width nor the lower height causes an impediment to the public use of Croft Yard on foot. It is not a matter for the highway authority to comment on any restriction that may be caused to private rights of access with or without vehicles. The reduced width of 0.06m does not cause an additional highway safety concern on the adjacent highway, for example from manoeuvring vehicles. Access for fire appliances is an issue that needs to be raised with building control. In the circumstances, the Highway Authority has no objection to the windows as built. It is suggested that whilst not a highway issue, if there remains a perception of the window causing a problem to motorists the developer could be asked to consider making the presence of the window more conspicuous. This could be achieved through the use of either a bollard or signage. Further consultation Norfolk Fire Service (Western Area): have had the site checked by their crew and have no objections. Norfolk County Council Public Rights of Way: the Highway Research team have investigated the PROW width, which is between the walls of the two properties either side of it. From a PROW perspective the windows are 2.4m (minimum) above the public right of way and as such do not present a problem to users of it. Norfolk County Council Highways Research: Croft Yard is a Public Right of Way on foot only and the buildings have always formed the boundary to the highway at its north end. Copies of detailed correspondence between the developer's surveyors and the Highway Research Team have been supplied. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): As the development has been completed and given the matters subject of this application, it is considered only the following policies are relevant: Development Committee 34 15 October 2015 Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). National Planning Practice Guidance Provides advice on how a proposal that has planning permission be can be amended: New issues may arise after planning permission has been granted, which require modification of the approved proposals. Where these modifications are fundamental or substantial, a new planning application under section 70 of the Town and Country Planning Act 1990 will need to be submitted. Where less substantial changes are proposed, the options for amending a proposal that has planning permission are either making a non-material amendment or, an application can be made under section 73 of the Town and Country Planning Act 1990 to vary or remove conditions associated with a planning permission. One of the uses of a section 73 application is to seek a minor material amendment, where there is a relevant condition that can be varied, as is the case here. There is no statutory definition of a 'minor material amendment' but it is likely to include any amendment where its scale and/or nature results in a development which is not substantially different from the one which has been approved. MAIN ISSUES FOR CONSIDERATION Whether the proposal can reasonably be described as being a 'minor material amendment' The reason why the condition was imposed on the original planning permission Whether there are any other implications likely to arise from varying the condition APPRAISAL Comparison of the as built measurements with those from the approved plans clearly illustrates that the changes are minimal particularly when taken in the context of the development as a whole. Whilst there are accepted construction tolerances these are very small and the windows, as built, would exceed these albeit by only a small amount (at a maximum the changes are only 100mm different from what was approved). Whilst there is no statutory definition, it is considered the proposal does not conflict with the advice in the National Planning Practice Guidance noted above. The reason why condition 18 was imposed was to ensure the appearance of the windows was satisfactory. It did not relate to highway safety or any other related matter such as access. Details submitted subsequently in this respect were considered acceptable and approved. Whilst objections also relate to the appearance of the windows, the very minor changes to their dimensions has not resulted in any material change to their design and appearance and the change would not result in harm to the character and appearance of the Conservation Area. They are acceptable in this respect and accord with Policies EN 4 and EN 8. Condition 3 listed the approved plans with the reason to ensure the satisfactory layout and appearance of the development. The wording of the condition is such that any details approved to comply with other conditions would supersede the details on the approved plans. Development Committee 35 15 October 2015 On the basis of the information supplied by NCC's Highway Research Team (that was not available at the time the original planning application was being considered), that the public highway extends up to the wall of the building and prior to that, the amusement arcade building, it is clear that the windows as originally approved would have overhung the public highway. Whilst the local residents’ concerns are acknowledged and reflected in the fact that the lower part of the northernmost window has been damaged, presumably by a larger vehicle, it is considered that in this respect the slight increase in their projection and being slightly lower than approved as built, has not had any material effect. There is no conflict with policy CT 5. Any structure overhanging the public highway requires licensing and as such this is a matter to be dealt with under the Highways Acts. If a licence cannot be issued, as this would restrict the private rights of people to drive along Croft Yard as could be the case in this instance, it is considered it could result in an unlicensed structure overhanging the public highway. Again this would be a matter for the Highway Authority to deal with. Similarly if the development impedes private rights to drive along Croft Yard this is a civil matter between the developer and users of Croft Yard. Approval of this application would not override any other requirements in this respect or the private rights of people to drive along Croft Yard, in the same way as it would not override any restrictive covenants for example. In conclusion, it is accepted there are outstanding issues but these are either civil matters or ones that need to be dealt with under other legislation. On the basis of the Government's Planning Practice Guidance regarding modifications to planning permissions it is considered the windows as built have not resulted in a development which is substantially different from the one which has been approved previously. Consideration also needs to be given to whether it would be expedient to take formal enforcement action to secure compliance with the originally approved plans, which it has been concluded previously it would not. The application is therefore recommended for approval. RECOMMENDATION: Approve subject to conditions. As the development has been completed only those conditions attached to the original permission which remain relevant would be included. The conditions subject of this application would refer to the plans submitted with it. 7. APPLICATIONS RECOMMENDED FOR A SITE INSPECTION A site inspection by the Committee is recommended by Officers prior to the consideration of a full report at a future meeting in respect of the following applications. The applications will not be debated at this meeting. Please note that additional site inspections may be recommended by Officers at the meeting or agreed during consideration of report items on this agenda. BLAKENEY - PF/15/1208 - Installation of 30 metre high shared telecommunications base station tower with six antennas and associated ground-based equipment cabinets at Friary Farm Caravan Park, Cley Road for Arqiva REASON FOR REFERRAL TO COMMITTEE At the request of the Head of Planning in order to assess the landscape and heritage implications of the proposal. Development Committee 36 15 October 2015 HINDRINGHAM - PF/15/1191 - Erection of detached two-storey dwelling (re-submission PF/14/1499); Land adjacent Lion House, 6 The Street, Hindringham, NR21 0AA for Mr & Mrs P Iles REASON FOR REFERRAL TO COMMITTEE At the request of Councillor V FitzPatrick to enable the Committee to appreciate the location of the site. ITTERINGHAM - PF/15/1204 - Installation of 30 metre high shared telecommunications base station with six antennas and associated ground-based equipment, land to the rear of Stulps Plantation, Wolterton Road for Arqiva REASON FOR REFERRAL TO COMMITTEE At the request of the Head of Planning in order to assess the landscape and heritage implications of the proposal. RECOMMENDATION:The Committee is recommended to undertake the above site visit. 8. APPLICATIONS APPROVED UNDER DELEGATED POWERS ALDBOROUGH - PF/15/1162 - Removal of shop-front and demolition of single story side and rear extensions and erection of two-storey side and single-storey rear extensions; Village Antiques, The Green for Mr & Mrs Holdgate (Full Planning Permission) AYLMERTON - PF/15/1011 - Erection of 1.95 metre fence to part of front boundary; Broad Acre, Holt Road for Mr & Mrs Sadler (Householder application) BACTON - PF/15/0225 - Demolition of existing outbuildings and erection of two-storey dwelling; Wrights, Coast Road for Mr & Mrs Shepherd (Full Planning Permission) BACTON - PF/15/1131 - Erection of porch to side and conservatory to rear of dwelling.; The Granary, Church Road for Mr B Reeve (Householder application) BEESTON REGIS - NMA1/15/0254 - Non-material amendment request for alterations to internal layout and fenestration; Field Fare, Church Close, West Runton, Cromer for Mr S Dallimore (Non-Material Amendment Request) BEESTON REGIS - PF/15/1097 - Erection of detached garage with study and games room above; Fox Hill, Sheringwood for Mr E Denny (Householder application) BEESTON REGIS - PF/15/0959 - Erection of two-storey triple garage; Closewood, Sheringwood, Beeston Regis for Mr A Burton (Householder application) Development Committee 37 15 October 2015 BLAKENEY - PF/15/0814 - Erection of single-storey side extension with balcony above.; Watermark, Langham Road, Blakeney, Holt for Dr P Franklin (Householder application) BLAKENEY - PF/15/1071 - Erection of two-storey extension to side of dwelling and boat store extension to annexe; 50 High Street for Mr & Mrs Archer (Householder application) BLAKENEY - LA/15/1072 - Boat store extension to annexe; 50 High Street, Blakeney for Mr & Mrs Archer (Listed Building Alterations) BRINTON - PF/15/0908 - Erection of single and two-storey extensions to dwelling; Grange Cottage, Old Hall Lane for Ocean Rock Companies (Householder application) BRISTON - PF/15/1044 - Conversion of barn to create artist studio and residential annexe and detached former dog kennel building to hobbies/store room (Resubmission 14/1313 refers); Frogmoor Farm, Tithe Barn Lane for Mr M Hearn (Full Planning Permission) BRISTON - NMA1/13/0598 - Non material amendment for additional velux window, boiler flue, vent pipe,extractor fan outlets, hall door and canopy, and ground level (french drains); Highfield, Craymere Road for Mr Babbage (Non-Material Amendment Request) BRISTON - PF/15/1098 - Erection of detached double garage; The Pig Pen, 104A Hall Street for Mr N Banks (Householder application) BRISTON - PF/15/1175 - Removal of conditions 3 and 6 of PF/10/0550; Westview House, 36 Church Street, Briston, Melton Constable for Mrs R Grand (Full Planning Permission) CLEY-NEXT-THE-SEA - PF/15/0975 - Erection of single storey extension to rear of dwelling, extension and increase in roof height to outbuilding and erection of replacement shed; Porticus, High Street for Mr & Mrs Read (Householder application) CLEY-NEXT-THE-SEA - LA/15/0858 - Internal and external works including removal of partition wall, relocation of stair, additional rooflights and increase in size of ground floor window to rear elevation; 3 Old Hall Farm Barns, Coast Road, Cley-next-the-Sea for Mr R Cross (Listed Building Alterations) COLBY - PF/15/0998 - Erection of detached garage to front of dwelling; Spring Meadow, Bridge Road, Colby for Mr and Mrs R Hall (Householder application) CROMER - PF/15/1070 - Erection of shed to front of dwelling; 27A Norwich Road, Cromer for Mrs E Baron (Householder application) Development Committee 38 15 October 2015 CROMER - NMA1/14/0802 - Non material amendment request to permit alterations to roof, insertion of larger rooflights, omission of bay window and raise height of bay window; 27 Cabbell Road, Cromer for Mr R Smart (Non-Material Amendment Request) CROMER - PF/15/0914 - Change of use of vacant first floor to antiques centre; 8 Louden Road for Mr Harvey (Full Planning Permission) CROMER - PF/15/1060 - Creation of one 1 bedroom flat to second floor of building.; 8 Louden Road, Cromer for Mr Harvey (Full Planning Permission) EAST RUSTON - PF/15/0218 - Conversion of barn to a dwelling, including part demolition, and erection of front and side extensions; Holly Farm, Chapel Road, East Ruston, Norwich for Mr Brookes (Full Planning Permission) EAST RUSTON - PF/15/0946 - Erection of garage/outbuilding and creation of new access; Simms Cottage, Back Lane for Miss Leslie (Householder application) EDGEFIELD - PF/15/1148 - Single Storey extension to rear of West wing; The Mount, Hunworth Road, Edgefield, Melton Constable for Mr Buckman (Householder application) EDGEFIELD - LA/15/1149 - Single Storey extension to rear of West wing; The Mount, Hunworth Road, Edgefield, Melton Constable for Mr Buckman (Listed Building Alterations) ERPINGHAM - PF/15/1056 - Erection of single-storey side and rear extensions; Eastend, The Street, Erpingham, Norwich for Mr and Mrs S Hawkes (Householder application) FAKENHAM - PM/15/1027 - Erection of two detached two-storey dwellings (approval of reserved matters); 14 Sculthorpe Road for VJS Developments Ltd (Reserved Matters) FAKENHAM - HN/15/1169 - Notification of intention to erect single-storey rear extension which would project from the original rear wall by 4.3 metres, which would have a maximum height of 3.7 metres and an eaves height of 2.3 metres; 82 Wells Road, Fakenham for Mr & Mrs Dixon (Householder Prior Notification) FAKENHAM - PF/15/0977 - Erection of first floor extension and two-storey extension to side of dwelling; 63 Oak Street, Fakenham for Mr Page (Householder application) FAKENHAM - PF/15/1078 - Change of use of swimming pool area to provide 2 treatment rooms in association with beauty salon; 61 Greenway Lane, Fakenham for Mr and Mrs A Ficarra (Full Planning Permission) Development Committee 39 15 October 2015 FAKENHAM - PF/15/1109 - Single storey extension to rear; 18 North Drive, Fakenham for Mr Tagg (Householder application) FAKENHAM - PF/15/1076 - Erection of single-storey rear extension, front porch and detached garage; 2 Greenway Lane, Fakenham for Mr G Stratton (Householder application) FAKENHAM - AN/15/0853 - Display of non-illuminated signs; Sue Ryder, Fakenham Superstore, Greenway Lane, Fakenham for Sue Ryder (Advertisement Non-Illuminated) FELMINGHAM - NMA1/12/0666 - Non-material amendment request to permit installation of separate septic tank; The Farmhouse, Aylsham Road, Felmingham, North Walsham for Mr D Yuasa (Non-Material Amendment Request) GIMINGHAM - PF/15/1155 - Erection of detached cart shed/garage; The Retreat, Gimingham Road, Trimingham for Mr M Kelly (Householder application) GRESHAM - PF/15/1079 - Erection of two-storey and single-storey rear/side extension and single-storey front extension; 17 Cromer Road, Lower Gresham, Norwich for Mrs C Dennis (Householder application) HAPPISBURGH - PF/15/0707 - Demolition of existing dwelling and erection of a replacement dwelling.; Yenga, 1 Barton Lane for Mr Spencer (Full Planning Permission) HELHOUGHTON - PF/14/1470 - Conversion of agricultural building to residential and erection of single-storey front extensions; Home Farm House, The Street, Helhoughton, Fakenham for Mr Townshend (Full Planning Permission) HEMPTON - PF/15/0986 - Electricity substation in fenced compound; Land off, Shereford Road, Hempton for Lightsource SPV 148 Ltd (Full Planning Permission) HIGH KELLING - PF/15/1064 - Erection of outbuilding following removal of existing sheds; Coach House at, Voewood, Cromer Road for Mrs Ackling (Householder application) HIGH KELLING - LA/15/1065 - Insertion of window to rear elevation of dwelling. Listed Building Consent.; Coach House at, Voewood, Cromer Road for Mrs Ackling (Listed Building Alterations) HIGH KELLING - PF/15/1150 - Installation of bay window to front elevation; Nutwood, Bernard Close, High Kelling, Holt for Mr & Mrs Fish (Householder application) Development Committee 40 15 October 2015 HINDOLVESTON - PF/15/1158 - Erection of garden room to side of dwelling.; 1 Station Road, Hindolveston, Dereham for Mr & Mrs Johnson (Householder application) HOLKHAM - PF/15/0651 - Conversion of agricultural barn to dwelling; Field Barn, Wells Road, Quarles, Holkham for Coke Estates Ltd (Full Planning Permission) HOLKHAM - PF/15/0823 - Variation of condition 2 of planning permission ref: 14/0754 to allow louvred timber screens to west facade and removal of condition 5; Holkham Estate Office, Holkham Estate, Wells-next-the-Sea for Holkham Hall Estate (Full Planning Permission) HOLKHAM - LA/15/0824 - Variation of condition 2 of listed building consent ref: 14/0755 to allow louvred timber screens to west facade and removal of condition 5; Holkham Estate Office, Holkham Estate, Wells-next-the-Sea for Holkham Hall Estate (Listed Building Alterations) HOLT - PF/15/1039 - Formation of bay window to front of dwelling; Aralia House, 3 Laurel Drive, Holt for Mr and Mrs Lidgett (Householder application) HOLT - PF/15/1075 - Erection of extension to rear of dwelling.; 12 Town Close, Holt for Mr & Mrs Gardner (Householder application) HOLT - PF/15/0889 - Demolition of outbuildings and erection of 3 shop units and change of use of existing dwelling to shop on ground floor with flat above and alterations to car park boundary wall; Franklyns Yard, Bull Street, Holt for Solar Palaestra Ltd (Full Planning Permission) HOLT - PF/15/1156 - Erection of extension to side, increase in roof height and erection of dormer extensions to front and rear of dwelling; 22A Cromer Road, Holt for Mr & Mrs J Donnellan (Householder application) HOLT - PF/15/0604 - Conversion and extension of detached single-storey outbuilding to create ancillary annexe; 76 Grove Lane for Mr Fields (Householder application) HORNING - PF/15/1160 - Variation of condition 2 of planning permission ref: 12/1201 to permit revised fenestration and door design, roof cladding, insertion of rooflights to east elevation, PV panels and wood burner flue to south elevation; Tithe Barn, Norwich Road, Horning, Norwich for Mr Baker (Full Planning Permission) HOVETON - PF/15/1046 - Erection of extension to Police station.; 12 Stalham Road, Hoveton, Norwich, NR12 8DG for Norfolk Constabulary (Full Planning Permission) Development Committee 41 15 October 2015 INGWORTH - NMA2/14/0684 - Non-material amendment for addition of external flue pipe and addition of flat square sunpipes; West End Cottage, West End, Ingworth for Mr Farrow (Non-Material Amendment Request-Household) ITTERINGHAM - PF/15/1047 - Erection of one and a half storey side extension; Peter Smith's Cottage, The Common for Mr Busby (Householder application) KNAPTON - PF/15/0966 - Erection of two-storey extension to front and side of dwelling; Brambles, The Street for Mr & Mrs D Jackson (Householder application) LESSINGHAM - PF/14/1426 - Erection of replacement washroom facilities and bin store; Eccles Beach Caravan Park, Beach Road, Eccles-on-sea for Mr Claxton (Full Planning Permission) MELTON CONSTABLE - PF/15/1116 - Erection of extensions to 2 industrial units; 1, 2, 3 and 4 Tower Bank Industrial Estate, Hindolveston Road for Daubeney Investments (Full Planning Permission) MELTON CONSTABLE - PF/15/1002 - Change of use of former signal box to self-contained holiday let; Lavender Cottage, Culpits Farm, Hindolveston Road, Melton Constable for Mrs P Wake (Full Planning Permission) MUNDESLEY - PF/15/0735 - Erection of first floor side/rear extension; 52 Sea View Road, Mundesley, Norwich for Mr & Mrs R Taylor (Householder application) NEATISHEAD - PF/15/1173 - Relocation of 20m monopole within compound area, replacement of headframe and 3 antennas, removal of 1 equipment cabinet and ancillary work.; Ivy Farm, Butchers Common for CTIL and Telefonica Ltd (Full Planning Permission) NORTH WALSHAM - PM/15/1141 - Erection of two detached single-storey dwellings (Revised scheme PM/15/0450 refers); 1 - 3 Oak Road for M & R Whiting Developments Ltd (Reserved Matters) NORTH WALSHAM - PF/15/1058 - Erection of two-storey side and single-storey rear extensions; 83 Lynfield Road, North Walsham for Mr Thorne (Householder application) NORTH WALSHAM - LA/15/1093 - Internal and external alterations to facilitate insertion of pine stair-case, re-painting exterior front and side elevations and external joinery; 20 Kings Arms Street for Mrs T Guest (Listed Building Alterations) NORTHREPPS - PF/15/0759 - Demolition of single and two-storey extensions and erection of two-storey side and front extension and relocation of access to north/east of site; 34 Bulls Row for Coastline Property Services (Householder application) Development Committee 42 15 October 2015 NORTHREPPS - PF/15/1183 - Erection of detached garage; Sally Beans House, Cromer Road, Northrepps for Mr & Mrs Skey (Householder application) OVERSTRAND - PF/15/1041 - Conversion of outbuildings to habitable accommodation and erection of single-storey link extensions (Revised scheme PF/14/0831 refers); 8 The Londs, Overstrand, Cromer for Mr T Bagnell (Householder application) OVERSTRAND - PF/15/0811 - Variation of condition 3 of planning permission ref: 15/0300 to permit occupation of detached ancillary annexe as short-term holiday accommodation; Greenway, 12A Pauls Lane for Mrs L Gepp (Householder application) POTTER HEIGHAM - PF/15/0999 - Erection of log cabin to provide residential annexe; Farm View, Green Lane for Mr D Fenn (Householder application) ROUGHTON - PF/15/0987 - Erection of single storey front and rear extensions and detached carport; The Woodlands, Felbrigg Road for Mr Gower-Smith (Householder application) ROUGHTON - PF/15/0931 - Erection of detached bungalow and associated access; Adjacent Keepers Retreat, Old Turnpike Road for Mr and Mrs D Williams (Full Planning Permission) ROUGHTON - PF/15/0524 - Demolition of existing detached three-storey dwelling and erection of 3 storey detached dwelling with basement; Hill House Farm, Norwich Road, Roughton, Norwich for D & M Hickling Properties Limited (Full Planning Permission) SALTHOUSE - NMA1/13/1245 - Non material amendment to change pitch of roof to suit roof tile; Lor Cot, Cross Street, Salthouse for Mrs Johnson (Non-Material Amendment Request) SALTHOUSE - NMA2/13/1245 - Non material amendment for addition of solar panels; Lor Cot, Cross Street, Salthouse, Holt for Mrs Johnson (Non-Material Amendment Request) SALTHOUSE - PF/15/1139 - Erection of summer house to rear of property; The Cow Shed, Purdy Street, Salthouse for Mr K Waters (Householder application) SCULTHORPE - PF/15/1054 - Retention of flue to detached outbuilding; The Pightle, Moor Lane, Sculthorpe, Fakenham for Mr Pape (Householder application) SCULTHORPE - PF/15/0116 - Conversion of former cattle/agricultural pens to holiday let accommodation; Cranmer Hall Barn, Cranmer Hall, Creake Road, Cranmer, Fakenham for Mr Garvin (Full Planning Permission) SCULTHORPE - LA/15/0117 - Conversion of cattle/agricultural pens to holiday accommodation; Cranmer Hall Barn, Cranmer Hall, Creake Road, Cranmer, Development Committee 43 15 October 2015 Fakenham for Mr Garvin (Listed Building Alterations) SEA PALLING - PF/14/1195 - Erection of replacement dwelling; Dolphins, The Marrams, Sea Palling, Norwich for Mr Dunn (Full Planning Permission) SHERINGHAM - PF/15/0960 - Erection of single-storey extension to rear of dwelling; 41 Beeston Common, Sheringham for Mrs A Hancock (Householder application) SHERINGHAM - PF/15/0948 - Erection of single storey and first floor extensions to dwelling; 22A Hooks Hill Road, Sheringham for Mr Kerr (Householder application) SHERINGHAM - NMA1/10/0704 - Non material amendment request to allow conversion of attached garage to fitness room, omission of proposed staircase and revised design; Cottage At, Burlington Lodge, 5 St Nicholas Place, Sheringham for Dr R McDermott (Non-Material Amendment Request-Household) SHERINGHAM - PF/15/1117 - Erection of two-storey extension to side with balcony to rear of dwelling; 17 Lawson Way for Mr & Mrs Ketteringham (Householder application) SHERINGHAM - PF/15/0588 - Variation of condition 2 of planning permission ref: 13/1101 to permit parapet walls to south, part west and north elevations; Westcliffe House, 17 Victoria Street for Mr & Mrs Kirkham (Full Planning Permission) SHERINGHAM - PF/15/0961 - Erection of two two-storey dwellings; Land rear of 15 Weybourne Road, Sheringham for Blaber Builders Ltd (Reserved Matters) SHERINGHAM - NMA2/14/0850 - Non material amendment request to omission of attic window to west gable and addition of attic window to south gable and rooflight to main south-facing roof to Plot 3; Land to rear of 15 Weybourne Road, Sheringham for Blaber Builders Ltd (Non-Material Amendment Request) SHERINGHAM - NMA1/14/1414 - Non material amendment to add 4 velux windows to new pitched roof; 6-7 Lifeboat Plain for Mr Platt (Non-Material Amendment Request-Household) SMALLBURGH - PF/15/1087 - Upgrade to telecommunications installation by replacement of 15m monopole with 15m mini macro pole, replacement of 2 equipment cabinets and ancillary works.; Grange Farm Barns, Gunns Corner, Norwich Road, Smallburgh for CTIL and Telefonica UK Ltd (Full Planning Permission) SOUTHREPPS - PF/15/1188 - Erection of single storey extension to side of dwelling; Yorkdale Cottage, 18 Pit Street for Mr and Mrs Seekings (Householder application) Development Committee 44 15 October 2015 STALHAM - NMA1/15/0840 - Non-material amendment request to alter materials from render to brick; Lancaster House, 7 Whiley Lane for Mrs S Palmer (Non-Material Amendment Request) STALHAM - PF/15/1180 - Erection of single-storey front & rear extension; 6 Sutton Terrace, High Street, Stalham for Mr & Mrs Bramble (Householder application) STALHAM - PF/15/1154 - Erection of single-storey dwelling; Greenacre, Camping Field Lane for Mrs L E Walters (Full Planning Permission) STIFFKEY - LA/15/1118 - Internal alterations and external soil vent pipe; Apple Cottage, 26 Bridge Street, Stiffkey, Wells-next-the-Sea for Mr Mills (Listed Building Alterations) STIFFKEY - PF/15/1025 - Erection of cartshed, replacement garage and greenhouses; Mill Pightle House, Hollow Lane for Ms Husain (Householder application) SUFFIELD - PF/15/1147 - Removal of condition 5 of planning permission ref. PF/08/0874 to permit permanent residential occupancy; Barn 2, Cooks Farm, Rectory Road, Suffield for Mr J Landreth (Full Planning Permission) SUFFIELD - PF/15/1151 - Removal of condition 5 of planning permission ref: 08/0874 to permit residential occupation; Barn 6, Cooks Farm Barns, Rectory Road, Suffield for Mrs D Gelder (Full Planning Permission) SUTTON - PF/15/1091 - Erection of single storey extension with entrance ramp to rear of dwelling; 21 Ingham Road, Sutton for Mr G Baird (Householder application) TATTERSETT - PF/15/1105 - Retention of access and parking area to front of dwelling.; 9 Towerside, Tattersett Road, Syderstone for Mr M Vertigan (Householder application) THORPE MARKET - PF/15/1034 - Relocation of storage shed, re-siting of park railings and re-siting car park entrance; The Gunton Arms, Cromer Road, Thorpe Market for The Gunton Arms (Full Planning Permission) THURSFORD - PF/15/0797 - Change of use of land from agriculture to part of residential curtilage to Cottage Farm. Creation of new access across the land from Walsingham Road to serve Cottage Farm and two barns to replace existing access; Cottage Farm, Walsingham Road for Mr C Rheinberg (Full Planning Permission) TRUNCH - LA/15/1081 - Internal and External alterations and repairs; White House Farm, Mundesley Road for Mr Birkbeck & Ms Cornish (Listed Building Alterations) Development Committee 45 15 October 2015 TUNSTEAD - PF/15/1125 - Erection of shed; 11 Laurel Farm Barns, Market Street, Tunstead, Norwich for Mr V Scarff (Householder application) UPPER SHERINGHAM - PF/15/1062 - Erection of storm porch to front and extensions to rear; 1 Heath Farm Cottage, Cranfield Road, Upper Sheringham, Sheringham for Ron Wiebe and Jan Grieve (Householder application) WALCOTT - PF/15/0386 - Conversion of barns to six residential dwellings; Barns at Walcott Hall, Walcott Hall, Walcott Green for D & J Love (Full Planning Permission) WALCOTT - PF/15/1096 - Erection of single-storey side and rear extensions, first floor rear extension, pitched roof to conservatory and first floor side window; Sealand, Coast Road for Mr Peatfield and Ms French (Householder application) WALSINGHAM - PF/15/0616 - Demolition of existing rear & side extensions and erection of single-storey side extension and two-storey rear extension; 27 Wells Road, Walsingham for Ms Wood (Householder application) WARHAM - PF/15/0636 - Conversion of barn and outbuilding to two residential dwellings with associated access, parking and landscaping; Field Barn, Grove Farm, Wells Road, Warham, Wells-next-the-Sea, NR23 1NF for Coke Estates Ltd (Full Planning Permission) WELLS-NEXT-THE-SEA - PF/15/0779 - Installation of cladding to front elevation and up to 1.2m brick wall to rear; 16 The Glebe for Mr Stovin (Householder application) WELLS-NEXT-THE-SEA - PF/15/0955 - Variation of condition 2 of planning permission PF/12/0907 to vary design details (part retrospective); Plattens Fish And Chips, 13 The Quay, Wells-next-the-Sea for Plattens Fish & Chips (Full Planning Permission) WELLS-NEXT-THE-SEA - LA/15/1084 - Variation of condition 2 of Listed Building Consent LA/12/0906 to vary design details (part retrospective); Plattens Fish And Chips, 13 The Quay, Wells-next-the-Sea for Mr P Platten (Listed Building Alterations) WELLS-NEXT-THE-SEA - PF/15/0867 - Installation of external insulation; 8 Park Road, Wells-next-the-Sea for Aran Services Ltd (Householder application) WELLS-NEXT-THE-SEA - PF/15/0868 - Installation of external insulation; 12 Park Road, Wells-next-the-Sea for Aran Services Ltd (Householder application) WELLS-NEXT-THE-SEA - PF/15/0870 - Installation of external insulation; 14 Park Road, Wells-next-the-Sea for Aran Services Ltd (Householder application) Development Committee 46 15 October 2015 WELLS-NEXT-THE-SEA - LA/15/0712 - Demolish and rebuild southern boundary wall using bricks/masonry reclaimed from the current wall and to include additional strengthening works; The Crown Hotel, The Buttlands, Wells-next-the-Sea for Flying Kiwi Inns (Listed Building Alterations) WELLS-NEXT-THE-SEA - PF/15/0703 - Variation of condition 2 of planning permission ref: 13/1338 to permit alterations to the design of the approved development and increase size of garden store and boiler house; The Crown Hotel, The Buttlands, Wells-next-the-Sea for Flying Kiwi Inns (Full Planning Permission) WELLS-NEXT-THE-SEA - LA/15/1066 - Variation of condition 2 of Listed Building Consent LA/13/1339 to allow alterations to original plans.; Crown Hotel, The Buttlands, Wells-next-the-Sea for Flying Kiwi Inns (Listed Building Alterations) WELLS-NEXT-THE-SEA - PF/15/0871 - Installation of external insulation; 20 Park Road, Wells-next-the-Sea for Aran Services Ltd (Householder application) WELLS-NEXT-THE-SEA - PF/15/0872 - Installation of external insulation; 1 Gales Road, Wells-next-the-Sea for Aran Services Ltd (Householder application) WELLS-NEXT-THE-SEA - PF/15/0874 - Installation of external insulation; 5 Gales Road, Wells-next-the-Sea for Aran Services Ltd (Householder application) WELLS-NEXT-THE-SEA - PF/15/0875 - Installation of external insulation; 11 Gales Road, Wells-next-the-Sea for Aran Services Ltd (Householder application) WELLS-NEXT-THE-SEA - PF/15/0876 - Installation of external insulation; 17 Gales Road, Wells-next-the-Sea, NR23 1DL for Aran Services Ltd (Householder application) WELLS-NEXT-THE-SEA - PF/15/0881 - Installation of external insulation; 18 Gales Road, Wells-next-the-Sea, NR23 1DL for Aran Services Ltd (Householder application) WEYBOURNE - PF/15/1127 - Erection of single storey extension to side and rear, dormer extension to rear and rooflights to front and rear of dwelling.; 27 Beck Close, Weybourne for Mr Bishop (Householder application) WICKMERE - PF/15/0898 - Erection of part two-storey and single-storey extension; 33 Church Road, Wickmere, Norwich,for Mr N Watchhorn (Householder application) WITTON - PF/15/1122 - Erection of shepherds hut, summerhouse and replacement garage and alterations to dormer extension, installation of leaded windows and addition of rooflight.; Meadow View Cottage, Mill Common Road, Ridlington for Mr and Mrs Ashmore (Householder application) Development Committee 47 15 October 2015 WORSTEAD - PF/15/1015 - Retention of detached bar/serving building; The White Lady, Front Street, Worstead, North Walsham for Mr Gilligan (Full Planning Permission) WORSTEAD - LA/15/1038 - Erection of canopy; Bengate House, Tucks Road, Bengate, Worstead, North Walsham for Mr Rogowski (Listed Building Alterations) 9. APPLICATIONS REFUSED UNDER DELEGATED POWERS BLAKENEY - PF/15/0483 - Erection of detached two-storey dwelling; Land at Little Lane, Blakeney for Mr Lindop (Full Planning Permission) BODHAM - PF/15/0792 - Extension to swimming pool building and change of use of area of land from agriculture to use in association with holiday accommodation; Manor Farm, Manor House Road, Lower Bodham for W Cubitt & Sons (Full Planning Permission) BRISTON - PF/15/1037 - Erection of extension to side and rear of dwelling (Revised scheme PF/14/1605 refers); 7 Jewel Close for Mr J Willimot (Householder application) CLEY-NEXT-THE-SEA - PF/14/0983 - Conversion and extension of outbuilding to provide three residential dwellings; Building to rear of George Hotel, High Street, Cley-next-the-Sea, Holt for Hi-Brow Leisure LLP (Full Planning Permission) COLBY - PU/15/1129 - Prior notification of intention to change of use of agricultural buildings to two (C3) dwellinghouses; Pond Farm, North Walsham Road, Banningham, Norwich for R W Randell Trust (Change of Use Prior Notification) EDGEFIELD - LA/15/1120 - Removal of section of internal wall; The Mount, Hunworth Road, Edgefield, Melton Constable for Buck Estate Ltd (Listed Building Alterations) PASTON - PF/15/1073 - Retention of retaining wall; Meadow View, Bears Road, Paston, North Walsham for Mr Gwynn (Householder application) RAYNHAM - PF/15/1144 - Change of use from holiday let to permanent residential occupation.; Lavender Lodge, Church Lane, South Raynham for Wensum Pools Ltd (Full Planning Permission) SHERINGHAM - PF/15/0770 - Demolition of garage and erection of two-storey side/rear, part first floor and two-storey side and two-storey east elevation extensions to facilitate creation of semi-detached dwelling, alterations to vehicle access and car-parking arrangements; Fairway, 2 Links Road for Mr and Mrs Greene (Full Planning Permission) Development Committee 48 15 October 2015 STALHAM - PF/15/0882 - Removal of condition 3 of planning permission ref: 08/0313 to permit change of two holiday units to two residential dwellings; Chapelfield Cottage, Chapel Field, Chapel Field Road for Mr P Davies (Full Planning Permission) STALHAM - PF/15/1142 - Conversion of existing shop and office accommodation to ground floor flat and single-storey front extension; Broadside Chalet Park, Stalham, Norwich, NR12 9PN for Tingdene Holiday Parks Ltd (Full Planning Permission) APPEALS SECTION 10. NEW APPEALS CROMER - PF/15/0533 - Installation of front elevation first and second floor PVCU bay windows to replace existing timber bays; 28 High Street for Mrs Russell FAST TRACK - HOUSEHOLDER HORNING - PO/14/1297 - Erection of single-storey dwelling; 2 Clover Hill, Letheringtons Lane for Mr R Kalynuk WRITTEN REPRESENTATIONS 11. INQUIRIES AND HEARINGS - PROGRESS None 12. WRITTEN REPRESENTATIONS APPEALS - IN HAND BLAKENEY - PF/14/1566 - Demolition of dwelling, barns and outbuildings and erection of two and a half storey dwelling; Three Owls Farm, Saxlingham Road for Mrs Cargill BRINTON - PF/14/1174 - Change of use of agricultural land to the keeping of horses and retention and conversion of barn to stables and tack room; Primrose Grove, Thornage Road, Sharrington for Mr L Kidd CLEY-NEXT-THE-SEA - PF/14/1541 - Insertion of two dormer windows to west elevation roof slope and glazing to north elevation gable and installation of access stairs and dormer window to existing detached double garage; Cley House, The Fairstead for Mr & Mrs Everett EDGEFIELD - PF/15/0419 - Erection of single and two-storey rear extensions; Annandale Cottage, Ramsgate Street for Mr and Mrs S Smith HINDRINGHAM - PU/15/0274 - Prior notification of intention of change of use from agricultural building to dwelling (C3); Row Hill Barn, Walsingham Road for Norfolk County Council HOLT - PF/14/1139 - Erection of 2 pairs of semi-detached and 1 detached two-storey dwellings; Land Adjacent to 8 and 9 The Fairstead for Primrose Developments (Anglia) Ltd Development Committee 49 15 October 2015 NORTH WALSHAM - PO/14/1668 - Erection of 4 single-storey detached dwellings and 4 detached two-storey dwellings; 45 Happisburgh Road for Ashford Commercial Ltd. SUTTON - PF/14/1382 - Erection of detached single-storey dwelling; The Horseshoe, The Street, Sutton, NR12 9RF for Mr Cutting TATTERSETT - PF/15/0240 - Erection of two-storey/single-storey rear and side extension; Heath Cottage, The Street, Tattersett for Ms J Skinner FAKENHAM - ENF/14/0241 - Installation of advertisements and covers to marble shopfront (see LA/13/0068); 2 Market Place, Fakenham HAPPISBURGH - ENF/14/0009 - Siting of residential caravan; Beach Road, Happisburgh TATTERSETT - ENF/14/0248 - Unauthorised storage of tyres, following refusal of planning permission ref. PF/13/0941; Land At, Flag Street, Tattersett Busn And Leisure Pk 13. APPEAL DECISIONS - RESULTS AND SUMMARIES HOLT - PO/14/0846 - Erection of up to 170 dwellings and associated infrastructure; Land south of Lodge Close, Holt for Gladman Developments Ltd APPEAL DECISION:- DISMISSED EAST RUNTON – PF/15/0273 – Proposed extension (dormer/rooflight) to dwelling at 6 Victoria Terrace High Street East Runton NR27 9NY for Mr Gould APPEAL DECISION:- DISMISSED 6 Victoria Terrace is located off the High Street and within the East Runton Conservation Area. Planning permission was refused for a dormer/rooflight extension at the dwelling. In a relatively short decision, the Inspector found the main issue to be whether the proposed extension would preserve or enhance the character or appearance of the Conservation Area. After describing the extension and the context of the building the Inspector concluded that the character or appearance of the Conservation Area would not be preserved or enhanced. As such the development would be contrary to policies EN4 and EN8 of the Council’s adopted Core Strategy. The appeal was therefore dismissed. As well as being relatively brief, the appeal decision is also worthy of note as containing no specific reference to the National Planning Policy Framework (NPPF). 14. COURT CASES - PROGRESS AND RESULTS No change from previous report. Development Committee 50 15 October 2015 APPENDIX 1 Development Committee 51 15 October 2015 Development Committee 52 15 October 2015 Development Committee 53 15 October 2015 Development Committee 54 15 October 2015 Development Committee 55 15 October 2015