OFFICERS’ REPORTS TO DEVELOPMENT COMMITTEE – 21 JULY 2011 Each report for decision on this Agenda shows the Officer responsible, the recommendation of the Head of Planning and Building Control 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 1. CROMER – ENF/10/0002 – Update regarding unauthorised installation of a shopfront and roller shutter and display of illuminated advertisements within Cromer Conservation Area at 57 Church Street by Iceland Foods Ltd This report updates the Committee on the current situation with regard to unauthorised works at the premises and requests the Committee’s further instructions with regard to enforcement action. BACKGROUND Planning application 20090929 for “Installation of Replacement Shop Front, Roller Shutter and Air Conditioning System” and advertisement consent application 20090930 for “Display of Illuminated Advertisements” were submitted on 17 September 2009 on behalf of Iceland Foods Ltd, who had bought the former Woolworths premises at 57 Church Street, Cromer. At the same time as submitting the application, work began to replace the shopfront at the premises and the applications were therefore retrospective in nature by the time that the Development Control Committee considered the planning application on 26 November 2009. The planning application was refused by way of decision notice dated 18 December 2009 on the grounds that “the design for the replacement shopfront is damaging to the character and appearance of this highly prominent part of the Conservation Area in that it fails to respect the balance and symmetry of the building, creates a flat and featureless facade, lacking depth and modelling, and includes a deep fascia which bears no relationship to the capitals which define the lateral extent of the shopfront. The proposal therefore fails to preserve or enhance the character and appearance of the Conservation Area and conflicts with the above policies of the Development Plan”. An Enforcement Notice was served on 8 January 2010 which required the applicant to remove the unauthorised shopfront and roller shutter within three months from the effective date of the notice, which was due to take effect on 12 February 2010. On 10 February 2010 appeals were submitted to the Planning Inspectorate in relation to the planning application, advertisement consent and enforcement notice and dealt with by the Planning Inspector by way of Informal Hearing. A copy of the Inspector’s decision is attached at Appendix 1. Whilst the Inspector allowed part of appeal relating to the non-illuminated loading bay door sign, in all other respects the appeals were dismissed and the Enforcement Notice was upheld but with a varied compliance period of 8 months, which took effect from 11 October 2011. The applicant therefore had to comply with the requirements of the notice to remove the unauthorised shopfront and roller shutter by 10 June 2011. Development Committee 1 21 July 2011 Subsequent to receipt of the Inspector’s decision, on 26 January 2011 the applicants put forward their first proposal to try and address the concerns raised by the Inspector. However, the proposals were considered to fall well short of what the Council was expecting or would accept and Officers advised the applicant in very clear terms what was needed to make the proposal acceptable. Further plans were received from the applicants on 8 March 2011 but again, whilst the proposals were an improvement, they still were considered to fall short of what was considered acceptable. On 19 May 2011 further correspondence was submitted from the applicants, who indicated that they “have been working tirelessly with various specialist shopfront designers to try and present to you an acceptable solution but unfortunately have not managed to do this to date.” A request was made by Iceland Foods Ltd for an extension of time before enforcement action is taken to enable new proposals to be produced. The request to defer the enforcement action is considered to be a matter for consideration by the Development Committee. As such the request from Iceland Foods Ltd was declined by Officers but is a matter which the Committee may need to consider further. A meeting took place on 14 June 2011 with the applicants’ newly appointed shopfront designer and again Officers gave clear advice and outlined the steps necessary to produce an acceptable scheme. Plans were prepared and submitted to Iceland Foods Ltd by their appointed shopfront designer but these plans were not acceptable to Iceland with the applicant commenting that “this scheme proves to be a problem with us in terms of expenditure and I would be grateful if you could assess the scheme again”. The applicants were advised to submit a proposal that they would be prepared to accept prior to this Committee meeting and, at the time of writing this report, these plans were still awaited. SUMMARY It will be clear from the above report that every effort has been made to guide the applicants towards producing an acceptable solution. However, it is of concern that to date no acceptable proposals have been formally proposed. It is evident that matters are not progressing in a timely manner and more than one month has passed since the Enforcement Notice should have been complied with and an offence has therefore been committed since that date. The Council therefore has to consider the options open to it including prosecution in the Magistrates Court or, if acceptable plans are submitted, to consider deferring enforcement action pending Committee consideration of any such proposals and subject to remediation works taking place promptly if any subsequent approvals or consents are given. The Committee will be updated orally regarding the latest position. RECOMMENDATION That unless acceptable plans have been submitted as a formal application by the date of the meeting the Committee authorises a prosecution against Iceland Foods Ltd for failure to comply with Enforcement Notice ENF/10/0002 under section 179 of the Town and Country Planning Act 1990 (as amended). (Source: Geoff Lyon, Ext: 6226) Development Committee 2 21 July 2011 PUBLIC BUSINESS – ITEM FOR DECISION 2. CASTAWAYS HOLIDAY PARK, PASTON ROAD, BACTON ALLEGED UNAUTHORISED DEVELOPMENTS A report advising members of alleged unauthorised developments at the Castaways Holiday Park, Paston Road, Bacton Relevant Planning History:PF/76/1537 – Three number touring caravan standings. Registered 25/10/1976, Refused 14/12/1976 PF/83/0094 – Removing and replacing 3 caravans; Removing and replacing 2 caravans. Registered 20/01/1983, Approved 13/05/1983 PF/92/0661 – Variation of holiday occupancy restriction. Registered 14 May 1992, Approved 13/08/1992 PF/93/0716 - Remove 6 obsolete twin units & replace with 9 modern caravans. Registered 25/05/1993, Approved 02/08/1993 PF/93/1251 – Alteration including pitched roof to reception and shop building. Registered 21/09/1993, Approved 19/10/1993 PF/96/0351 - Change of use of first floor storage area to residential and alterations including dormer windows. Registered 22/03/1996, Approved 15/05/1996 PF/96/0352 - Modifications and extension to existing clubroom building. Registered 22/03/1996, Approved 09/05/1996 PF/02/1131 – Installation of steel piling at cliff base. Registered 18/07/2002, Approved 30/08/2002 PF/10/0963 – Removal of Condition 2 of Planning Permission Ref 92/0661 to permit all year occupancy of caravans and lodges. Registered 17/08/2010, Approved 13/10/2010 PF/10/1033 – Construction of replacement sea-defences. Registered 03/09/2010, Approved 26/10/2010 Background:The Castaways Holiday Park site has operated from the clifftop on Paston Road, Bacton since the 1950s and in 2004 was bought by Mr and Mrs Hollis, who own and manage the site. The site lies to the north of the coast road to the north-west of Bacton village and east of the Bacton Gas Terminal site. The site has direct pedestrian access on to the beach. The site comprises 38 pitches for static caravans / park homes, the majority of which are operated by the Hollis’, with up to 10 pitches let to private individuals who provide their own static caravan for placing on the site. In addition at the centre of the site is Development Committee 3 21 July 2011 a large residential property (known as Cliffholm) which provides accommodation for the Hollis family and has five flats – two of which have been let on a long-term basis and three advertised for holiday let. There is then a building on the site which accommodates a reception / shop and two flats advertised for holiday let and a clubhouse type building. There is also a dedicated play area. Since purchasing the site in 2004, the owners have taken forward a programme of investment to upgrade the caravans, flats and communal buildings / facilities. Investment has also been made in the promotion of the site to tourist visitors via the web and printed copy advertising and through participation in the English Tourist Board quality grading scheme, including adaption of some units for people with disabilities. Allegations of unauthorised development at the site:Over the past two years the Council has received two complaints regarding alleged breaches of planning control / site licence requirements at the site – one dating from the summer of 2009, and a second made in early 2011. These complaints have been investigated, with some elements dismissed in part; and others regularised through applications ref: PF/10/0963 approving lifting of holiday occupancy restriction for period of five years from 15th October 2010 and PF/10/1033 approving construction of replacement sea defences; leaving three issues where it is considered that breaches of planning control may have occurred. These three issues are as follows:• • • Western extension to site boundary of club-house building Creation of a holiday let flat (Flat No.6) to rear of reception / shop building Creation of a holiday let flat (Flat No.7) at eastern end of Cliffholm Investigation of the complaints made in respect of these alleged unauthorised developments has involved Enforcement Officers visiting the Holiday Park site and establishing that the buildings do exist as described above and through the issuing of a Planning Contravention Notice asking Mr Hollis, the site owner and operator, a series of questions about when works to the various buildings on the site were undertaken. These responses have been shared with the complainants who maintain that the works were undertaken without consent in the period 2007 – 2010 and inspection of aerial photos of the site covering this period does suggest that some works were undertaken in the areas of the site occupied by Flats 6 and 7 and through a modest extension to the club-house building. Potential options available to the local planning authority:Whilst the alleged unauthorised developments are of quite modest scale and arguably do not have any significant or direct impact beyond the site boundaries, it is not considered that they are of a ‘de minimis’ scale or fall within the definition of permitted development and the local planning authority therefore needs to consider what action it should take with respect to enforcement or regularising the development through inviting retrospective planning applications for the unauthorised developments. Development Committee 4 21 July 2011 Recommendation:That the owners of the Castaways site, Bacton, be advised that the Council believes that unauthorised development has taken place on the site through the extension of the club-house building and creation of flat nos. 6 & 7 and that retrospective applications for these developments therefore need to be submitted to the authority for consideration. Without prejudice to their determination, such applications should be lodged with the authority within a period of three months from the date of this Committee meeting, failing which a further report will be submitted to the Committee to consider enforcement action to secure the removal of the unauthorised development or to impose appropriate conditions. (Source: Steve Blatch, Strategic Director (Communities), ext 6232) PUBLIC BUSINESS – ITEM FOR DECISION 3. BRISTON – TPO 2011 No.10 Briston Lodge Holt Road To determine whether to confirm a Tree Preservation Order at the above site. Background The Council received several telephone calls from members of public regarding tree works at Briston Lodge, Holt Road Briston. Callers were concerned at the loss of trees and the poor standard of work. A Tree Preservation Order was served to protect amenity and to ensure any work was appropriate to meet the standards set out in BS3998: Tree Work Recommendations. Briston Lodge is a prominent site situated on the crossroads of two busy roads and the wooded area is a feature of the landscape, being clearly seen as you approach or leave the village. Following loss of trees on the opposite side of the road a Woodland TPO was served in 2004 to protect amenity. The two areas of trees provide a major part of the tree line in this part of Briston. Representations One letter of objection has been received, a copy of which is set out in Appendix 2. The objections to the TPO are the heavy-handed methods of applying the Order without consultation or discussion with any of the people affected and the fact it is not a woodland area. Human Rights Implications The serving of the Order may raise issues relevant to Article 8 Human Rights Act: The right to respect for private and family life, and Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individuals human rights, and the general interest of the public, it is anticipated that the confirmation of this Order would be proportionate, justified and in accordance with planning law Appraisal It is considered that it is expedient to serve a TPO to protect amenity. consultation or representation can be accommodated in the process. Development Committee 5 Any 21 July 2011 The area is heavily treed and it is recognised and standard practice to designate areas of this kind as woodland for the purposes of a TPO. Main Issues for Consideration (1) Whether or not the Order was served correctly in accordance with the relevant legislation and the Council's adopted policy? It can be confirmed that the proper procedures were followed when serving the Order. (2) Whether or not the Order has been served on trees of sufficient amenity value to warrant a Preservation Order? The trees contribute significantly to the landscape of Briston and their removal or poor management would be detrimental to amenity value. Recommendation:That the Order be confirmed. (Source: Simon Case Landscape Officer (Ext 6142)) PUBLIC BUSINESS – ITEMS FOR DECISION PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. 4. GREAT SNORING - PF/11/0521 - Erection of first floor rear extension; 101 Fakenham Road for Mr and Mrs Roberts - Target Date: 21 June 2011 Case Officer: Mrs M Moore Householder application CONSTRAINTS Countryside Conservation Area RELEVANT PLANNING HISTORY PLA/20090730 PF - Installation of dormer window and erection of single-storey rear extension and garage Approved 11/09/2009 PF/09/1242 HOU - Erection of single-storey side/rear extension Approved 04/02/2010 PF/11/0341 HOU - First floor side / rear extension Withdrawn by Applicant 21/04/2011 THE APPLICATION Seeks to erect a first floor rear extension. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr FitzPatrick having regard to the following planning issue: Over-development of the area. Development Committee 6 21 July 2011 PARISH COUNCIL No objection although there was a comment that it might be over-development of a Norfolk cottage. REPRESENTATIONS One letter of objection has been sent on behalf of a neighbour on the following grounds: Overbearing form, scale and bulk of the development Design of the development Detrimental impact on neighbour Detrimental impact on the Conservation Area CONSULTATIONS Conservation, Design and Landscape Manager: On the basis that the proposed scheme would not have a detrimental impact upon the appearance and character of the host property and would not harm the significance of the Great Snoring Conservation Area, there can be no Conservation and Design objections to the application. In the event of the scheme being approved, Conservation and Design would require a condition requiring the external facing materials to match the existing as far as is practical. 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 2: 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 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). MAIN ISSUES FOR CONSIDERATION 1. Design 2. Impact on Conservation Area 3. Impact on neighbour's amenities Development Committee 7 21 July 2011 APPRAISAL The property lies within an area designated as Countryside, where proposals for extensions to dwellings are acceptable in principle subject to compliance with relevant Core Strategy policies. The site also lies within the Great Snoring Conservation Area, where proposals should preserve or enhance the character and appearance of the area. The property is a semi-detached property facing onto the Fakenham Road. Permission was granted in 2009 for the erection of a single-storey side/rear extension, which has already been built. The current application follows a previous withdrawn application (PF/11/0341) for a first floor side and rear extension which had a wider north-facing gable. The proposal seeks to provide a new bedroom and en-suite facility at first floor level, which would be built on top of the existing single-storey side/rear extension. The extension would measure approximately 6m wide and with a depth of 4m. Height to ridge would be 6m. The extension would be mainly to the rear of the original property to avoid visual competition with the original cottage and to ensure that there would be a clear break between old and new. The proportions proposed are considered to be acceptable; the ridge height of 6m would be lower than the height of the original cottage. The new gable created would mirror the existing gable whilst being more than a metre narrower. Materials proposed are considered to be compatible with the original dwelling; brick and flint, red clay pantiles and timber windows and doors to match existing. If approved, the increase in floor area from the original property would be approximately 57%. This is considered to be acceptable under the aims of Policy HO8 and would not result in a disproportionately large increase in the height or scale of the original dwelling. The impact would be lessened given that the extension would be to the rear of the property; the extension would not significantly detract from the appearance of the surrounding countryside. It is considered that the design as proposed would preserve the character and appearance of the Conservation Area in accordance with policies EN8 and EN4 of the adopted Core Strategy. In addition, public views of the extension would be partial and only from the road to the west of the property, and given that the design would mirror the existing gable, it is considered to be acceptable. In terms of impact on the adjoining property to the west (which would be approximately 4.1m away from the extension), it is not considered that the proposal would result in a significantly detrimental impact in terms of loss of light or privacy or overbearing impact. The extension would be built onto the western side of the singlestorey rear extension and the elevation would now feature a fairly narrow gable and also a link extension with a roof that would slope away from the neighbour. No east facing windows have been proposed and Permitted Development rights could be removed to protect neighbour privacy. As such, it is not considered that the extension proposed would result in a significantly detrimental impact compared with the current situation. In summary, the proposal is considered to comply with adopted Development Plan policy. Development Committee 8 21 July 2011 RECOMMENDATION: Approve subject to the imposition of appropriate conditions, including the removal of permitted development rights for windows in the eastern elevation of the extension and the requirement for external facing materials to match the existing as far as is practical. 5. NORTH WALSHAM - PF/11/0517 - Erection of 36 dwellings; Land off Wood View for Youngs Homes Major Development - Target Date: 26 July 2011 Case Officer: Mr J Williams Full Planning Permission CONSTRAINTS Countryside THE APPLICATION The construction of 36 dwellings which following the submission of amended plans comprises the following :Six 1 bedroom flats Four 2 bedroom flats Twelve 2 bedroom houses Five 3 bedroom houses Three 4 bedroom houses Six 2 bedroom bungalows (one being wheelchair accessible) The development would form a cul-de-sac with access from Woodview. An area of open space is proposed as an extension to an existing open space which currently serves the adjoining housing estate. The northern boundary of the site borders existing housing development. New landscaping is proposed around the western and southern boundaries. Supporting information with the application indicates the intention that the dwellings would be let on a social rented basis under a local lettings policy by a registered social landlord. Amended plans have been submitted proposing minor changes to the mix, layout and some of the house types within the scheme. REASONS FOR REFERRAL TO COMMITTEE At the request on Councillor Gay in view of public concerns expressed on grounds of access and loss of green space particularly when there are many derelict brownfield sites far closer to the town centre. TOWN COUNCIL Objects on highway grounds, infrastructure, greenfield site and countryside. Whilst concerned that there is a large number on the waiting list for affordable housing, with all the derelict sites in North Walsham, the District Council should concentrate on getting funding for affordable housing on these sites rather than approving a greenfield site to the detriment of existing residents in this immediate area. Development Committee 9 21 July 2011 REPRESENTATIONS 113 letters of objection received, the majority being from residents of the adjoining estate served off Wood View and roads served off it. The objections broadly cover issues relating to the inappropriateness of the site for this type of development, highway safety and local amenity. A more detailed summary of these objections is as follows: - Applicants have taken no account of the objections raised by local residents to the proposals first publicised in June 2010 - Road network leading to the site is inadequate. Narrow with poor visibility at road junctions both within and leading to the existing estate. Also unsuitable in the case of emergencies. Refuse and other lorries already have difficulty in accessing the narrow road network. Poor condition of roads particularly for construction traffic. - Direct pedestrian access from Wood View / Brookes Drive should be provided to Buxton Road / South View. - Wrong location for a social housing development. Site is on the edge of the town, distant from local services, shops, community facilities and public transport. Residents will be socially isolated. - Local infrastructure and services already under strain. - Previous planning applications on the edge of North Walsham have been refused on grounds of the distance from the town centre and local services (Wood View is further from the town centre than these sites). - The present balance between social and private housing in the area would be adversely affected. - Problems associated with locating a social housing development at the end of an existing estate (reference made to similar situation at Ashfield Road, North Walsham). - Predominantly elderly population (plus shift workers) who fear noise, disturbance, anti-social behaviour and crime. - Existing close knit community, will lead to loss of community spirit. - Lack of employment opportunities for the new residents. - Will stretch local services (i.e. schools, doctors surgeries, dentists). - Inadequate local play facilities for children. - Loss of amenity to existing properties which adjoin boundary with proposed development. - Opposition to possible footpath link to South Rise. - Will lead to devaluation of property. - Site not identified for development in Local Development Framework for North Walsham. - Proposal contrary to guidance in PPS3 (Housing) in relation to the location of new residential development and its impact upon the character of existing areas. - 'Thin end of the wedge'. Approval of the application will be a precedent for further development. - Loss of open farmland and rural views. Damage to the character and quality of this peaceful area. - Derelict sites within the town should be developed for this type of use in preference to and instead of greenfield sites such as this one. - Preferable location would be on derelict land at Cromer Road next to the Victory Housing offices. - Problems of surface water drainage and sewage disposal in area / instances of localised flooding. - Possibility of archaeological remains on the site. - Possible impact on bat colony and nesting birds. Copy of a petition of objection submitted, signed by approximately 160 local residents. The petition was raised at the time of the public consultation undertaken by the applicants in June 2010. Development Committee 10 21 July 2011 CONSULTATIONS Anglian Water - No objection. recommends a condition regarding surface water drainage. Environment Agency - No objection. Recommends conditions regarding surface water drainage and details of sustainable design and construction. Norfolk Constabulary (Crime Prevention Design Advisor) - Refers to positive discussions which have taken place with the applicants in respect to the principles of designing out crime. Provides further comments and recommends additional amendments with regard to car parking, private space, physical security, landscaping and lighting. Norfolk County Council (Planning Obligations Co-ordinator) - Advises that there is sufficient capacity at local schools to accommodate the expected numbers of children arising from the development. Seeks payments of £802 and £2,160 towards fire hydrant and library provision respectively. Housing Strategy Team Leader - Considers that the proposed development fully complies with the requirements of Core Strategy Policy HO3, and that the amended plans now provide a mix of dwelling types which reflect the needs identified in a recent review of housing required by those households who have a local connection to North Walsham and immediately adjacent parishes. Comments specifically in relation to Policy HO 3 as follows: There is a proven local need in North Walsham which this scheme will meet which has been evidenced through an analysis of the Housing Register. Whilst there has been recent affordable housing provided in North Walsham, these properties were to meet general needs and residents with a local connection to North Walsham and the immediately adjacent civil parishes were not prioritised for these properties. Properties on an Exception Housing Scheme as proposed in this application would be prioritised for households who have a local connection to North Walsham and the immediately adjacent civil parishes. The application site adjoins the settlement boundary of North Walsham. Whilst the application has been submitted by Youngs Homes, the proposal is that, if the scheme is approved, the homes would be owned and managed by Victory Housing Trust. If the scheme was approved the homes would be let in accordance with a nomination agreement between Victory Housing Trust and the Council which would mean that the initial and all subsequent lets would be in accordance with the Council’s Local Letting Agreement which would give priority to households who have a local connection to North Walsham and the immediately adjacent civil parishes. Analysis of the Housing Register showed that 343 households had a local connection by residence to North Walsham. As this only included households who have a local connection through residence in North Walsham, 343 is lower than the actual number of applicants who will have a local connection to North Walsham and the adjoining civil parishes through previous residence, family occupation or employment. This confirms there is a significant local need which this scheme would go someway to address. Additional comments: There is no current identified funding for the scheme proposed by this application and whilst Housing Services is supportive of an Exception Housing Scheme being delivered in North Walsham in principle, such a scheme is not currently a priority in the Council’s Local Investment Programme. Development Committee 11 21 July 2011 Norfolk County Council (Highways) - No objection. Recommends standard conditions in respect of construction details to be submitted of roads, footways and drainage and wheel washing facilities during construction. Conservation, Design & Landscape Manager (Conservation & Design) - Comments that whilst the layout of the proposed development is heavily dictated by the shape of the site, the amended plans have now addressed previous concerns regarding the entrance to the site and the south-eastern corner. With regard to the house types, these are broadly compatible with their surroundings and generally display acceptable proportions and massing. The amended plans in part address previous concerns regarding a lack of visual interest across the elevations. Positive improvements include: • • • A clearer hierarchy across the scheme whereby the most important plots have received improved elevational treatment; i.e. boarding on the first floors which help to break up the mass of brickwork and provide much needed relief to the facades. The introduction of chimney stacks on a number of plots. The deletion of vernacular brick tumbling details However there still remain a number of specific concerns in respect of certain plots in relation to elevational treatments, roof design and the possible prospect of solar panels. Concludes that this is a scheme which continues to inch forward in terms of the quality of the end result. With the implementation of the further suggestions above, it would undoubtedly be improved further. Even with these changes, however, it must be appreciated that the house types are still relatively standard offerings which are not overly blessed with visual interest and innovation. In this sense, they follow the general pattern of 20th century development which forms the south western expansion of the town. Conservation, Design & Landscape Manager (Landscape) - Considers that the landscaping proposals indicated will be adequate subject to conditions to include a detailed planting specification and tree protection measures. Sustainability Officer - Advises that the application as submitted partially complies with the requirements of Core Strategy Policy EN6 in that it is proposed to meet the required code for sustainable homes but the applicants have asked to be able to review at a later date the specific measures to meet the 10% renewable energy provision. Recommends conditions to secure compliance with these policy requirements. Environmental Health Officer - No objection. Provides comments regarding surface water disposal. Norfolk County Council (Planning Archaeologist) - Comments as follows: "The proposed development site comprises a large area (c.1.4ha) located in an area where cropmarks of an undated linear ditches, field boundaries and enclosures have previously been recorded. Consequently there is potential that heritage assets (buried archaeological remains) may be present at the site and that the significance of these will be adversely affected by the proposed development. Development Committee 12 21 July 2011 A heritage statement has not been submitted with the application to address the impact of the proposed development on the historic environment. We therefore ask that the applicant withdraw the application and resubmit with the results of an archaeological evaluation in accordance with Planning Policy Statement 5: Planning for the Historic Environment (2010) Policy HE6.1. Norfolk County Council Historic Environment Service will provide a brief for the archaeological work on request." 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 Refer to the comments from Norfolk Constabulary (above). POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS 2: Development in the Countryside (specifies those types of developments which are acceptable in a rural location) Policy HO 3: Affordable housing in the Countryside (specifies the exceptional circumstances under which affordable housing developments will be allowed in the Countryside policy area). Policy HO 7: Making the most efficient use of land (Housing density) (Proposals should optimise housing density in a manner which protects or enhances the character of the area). 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 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 10: Flood risk (prevents inappropriate development in flood risk areas). Policy CT 2: Development contributions (specifies criteria for requiring developer contributions). 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 / provision of affordable housing 2) Design / layout 3) Residential amenity 4) Landscape impact 5) Highway safety Development Committee 13 21 July 2011 APPRAISAL The application site (1.44 ha) is located adjacent to the south-eastern edge of North Walsham. It is currently used as arable farmland. The site is adjacent to but outside the development boundary for North Walsham, forming part of the Countryside designation which surrounds the town (as indicated on the Proposals Map which accompanies the adopted Core Strategy). Core Strategy Policy SS 2 (Development in the Countryside) is permissive towards proposals for affordable housing in areas of countryside "in accordance with the Council's rural exceptions policy". Policy HO 3 (Affordable Housing in the Countryside) states that for schemes of 10 dwellings or more the site should be situated within 100m of a settlement boundary; that the proposal would help to meet a proven local need for affordable housing; and that the housing provided is made available to people in local housing need at an affordable cost for the lifetime of the property. The policy states that 'local housing need' in the context of the policy means the need within the parish where the site is located in and adjacent parishes. The proposed development complies with these criteria, subject to details of the occupancy and permanency of the affordability being secured by means of an Obligation under Section 106 of the Town and Country Planning Act (1990) as amended. The acceptability of developing this greenfield site has been questioned by the Town Council and local residents, particularly when, as is the case in North Walsham, there are a number of vacant brownfield sites located more centrally within the town, which are closer to most services and facilities. For the most part the sites referred to are ones either with current planning permission or sites allocated for housing or employment development as part of the recently adopted Site Allocations Development Plan Document (DPD). Some of the larger sites with planning permission are subject to their own requirements to provide an element of affordable housing. In the case of the allocated sites there is a policy requirement to provide 45% affordable housing (subject to viability) as part of any future development proposals. Policy HO 3 allows additional opportunities to provide affordable housing in the District over and above those which are negotiated with private housebuilders on sites within settlement boundaries, reflecting the high level of need for affordable housing in the District. The site is located on the south-western periphery of the town. Whilst this location is not ideal in terms of the immediate proximity to local services and facilities, it is comparable in this respect with other outer residential areas of North Walsham. Proposals made under Policy HO 3 will inevitably be on the fringe of a built up area. As proposed both vehicular and pedestrian access to and from the site would be via Wood View and Skeyton Road beyond. The plans do however include the provision of a foot/cycle path at the eastern end of the site which would potentially in the future allow for more convenient access over an adjacent area of private land (in particular to the nearby Millfield Primary School), should the opportunity arise . Access into the proposed development would be in the form of a cul-de-sac, a continuation of Wood View. The road type leading into the site would be of a similar standard to Wood View (same width with footways on either side), changing to a different surface treatment and more informal private drive arrangement at the rear of the site. The principal length of road through the site would have a curved alignment which would help to provide an element of visual interest to the street scene. For the most part bungalows would adjoin the boundaries of existing dwellings. These relationships and those within the new development accord with the amenity criteria for residential developments referred to in the Council's Design Guide. Development Committee 14 21 July 2011 The proposal includes an extension to an existing area of open space which would provide an overall area of approximately 2000 sq.m. This open space should provide a positive amenity benefit for residents of the area and it should also enhance the appearance of the development by providing a visual break between the buildings. The open space would be overlooked by dwellings which is not the case with the existing area. The density of the proposed development equates to 25 dwellings per hectare which is comparable to the existing estate. This is a relatively low density which is considered appropriate for a site on the rural edge of a settlement. Car parking on the site would be in the form of on-plot provision and small communal parking courts (to serve the flats). The numbers of spaces proposed meets with current standard requirements. The proposed development comprises a mix of single storey and two storey properties (predominantly two storey) similar to that of the existing adjacent estate. A variation in building styles is proposed including detached and semi-detached bungalows, semidetached houses, two terraces of houses (3 & 5 units), and three separate blocks of flats. The flats are of a similar scale and appearance to other two storey buildings proposed. In terms of design the buildings incorporate a mix of gable and hipped roofs and many include variations in the appearance of their facades. Several of the properties include chimney features. The proposed materials are red facing brickwork with dark grey brick detailing (string, dentil, soldier courses, quoins and plinths), selective areas of weatherboarding, and anthracite roof tiles. The Committee will note the comments of the Conservation, Design and Landscape Manager who considers that the proposed layout of the development (given the constraints of the shape of the site) is now acceptable. In terms of design, whist improvements have been made since the initial submission of the application, there still remain areas for improvement. These outstanding details are due to be discussed with the applicants and the Committee will be updated at the meeting. The surrounding landscape is flat and open although some mature trees and a hedgerow provide a screen along the eastern boundary of the site. The proposals include hedgerow and tree planting around the southern and western boundaries of the site which, once established, should provide a soft edge to the development, something that does not exist along the boundary of the existing estate. Subject to conditions to agree the precise specification of the planting and to secure its implementation (and subject to a Section 106 Agreement in respect of part of the landscaped area which the applicants have chosen to exclude from the application 'red line' boundary), these landscaping proposals are considered to be satisfactory. The site is classified as Grade 2 agricultural land, a classification which covers large tracts of land to the west of North Walsham as well as elsewhere in the district. PPS 7 (Sustainable Development in Rural Areas) states that the presence of best and most versatile agricultural land (defined as grades 1,2 and 3a) "should be taken into account alongside other sustainability considerations (e.g. biodiversity; the quality and character of the landscape; its amenity value or heritage interest; accessibility to infrastructure, workforce and markets; maintaining viable communities; and the protection of natural resources, including soil quality) when determining planning applications". Bearing in mind these various considerations; the relatively small size of the site; the fact that larger areas of land with the same classification have been allocated for development at North Walsham; and the weight to be given to providing local affordable housing, it is not considered that this issue represents a reason to object to the application. Development Committee 15 21 July 2011 Norfolk County Council (Archaeologist) has requested an archaeological evaluation of the site. It is understood that the applicants have instructed this to be undertaken. Many of the letters of objection received as well as the response from the Town Council refer to concerns relating to highway safety. These concerns relate both to perceived inadequacies of the existing road network to cater for additional traffic both within and leading to the Wood View estate. The Committee will note, however, that the Highway Authority has not raised an objection to the application. In conclusion, the proposed development complies with Policy HO 3 in terms of an 'exceptions scheme' for affordable housing. Notwithstanding the level of public objection to the development there would appear to be no substantive planning reasons to refuse planning permission, subject to the resolution of certain remaining concerns in respect of design details, an archaeological evaluation of the site being undertaken, and completion of a S.106 Planning Obligation to secure, amongst other matters, the provision of the housing as affordable dwellings in perpetuity (a draft version has been submitted). RECOMMENDATION: Delegated authority to approve subject to the following: 1) An archaeological evaluation of the site being undertaken to the satisfaction of Norfolk County Council. 2) The submission of satisfactory amendments in respect of design details; 3) The completion of a Section 106 Obligation to include securing the provision of the affordable housing in accordance with the requirements of Core Strategy Policy HO 3, payments towards library and fire hydrant provision to Norfolk County Council, and the provision of landscaping which is not shown within the application site. 4) The imposition of appropriate conditions to include road construction details, landscaping, tree protection, materials, minimum code level 3 construction, details of 10% renewable energy provision, surface water drainage and a scheme for future maintenance of the open space, together with any other conditions considered necessary by the Head of Planning and Building Control. 6. NORTH WALSHAM - PF/11/0748 - Erection of single-storey rear extension; 30 Bacton Road for Mr Inder-Grey & Ms Sullivan - Target Date: 10 August 2011 Case Officer: Mrs K Brumpton Householder application CONSTRAINTS Residential Area RELEVANT PLANNING HISTORY PLA/20051723 PF - Erection of single-storey side extension Approved 02/12/2005 THE APPLICATION Is for a rear single storey extension at the dwelling, on the back of an existing single storey extension. REASONS FOR REFERRAL TO COMMITTEE One of the applicants is a member of staff. Development Committee 16 21 July 2011 TOWN COUNCIL Comments awaited. 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 EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). MAIN ISSUES FOR CONSIDERATION 1. Design of rear extension 2. Impact upon neighbours APPRAISAL The dwelling is a semi-detached dwelling house within the residential area of North Walsham. Extensions to dwellings are permitted here in principle, subject to the normal considerations of character, amenity and design. The original house appears to be a two-storey pitched roof dwelling with a catslide two storey rear section across both the applicants’ house and the neighbours. The applicants’ property has an existing side/rear extension that wraps around the south corner. The proposal is to extend from the rear of this into the rear garden. The proposed extension is 4.3m by 3.6m and would be flat-roofed, with a lantern. There would be glazed doors on the south-west elevation and a window on the southeast elevation. The materials would all match the existing house, although no flints are proposed. However flints only occur on the rear of the original house and on a small section of extension. The impact upon the neighbours is considered minimal. At this point the southern boundary is treated with a 1.8m fence, which borders the garden of the bungalow. However the bungalow also has a timber shed at this side of their garden, minimising the impact further. The extension would lie between 4.3m and 6.3m from this boundary. The northern boundary, with the adjacent neighbour, is treated with several bushes. In addition the neighbour has an extension and an outbuilding that lie close/on this boundary, both of which are blank walls on this side. The proposal is considered to be a suitable form of development in this location and to comply with Core Strategy policies. RECOMMENDATION: Approve. Development Committee 17 21 July 2011 7. SHERINGHAM - PF/11/0713 - Retention of partially constructed dwelling and increase in fence height along northern boundary; The Low House, Campion Way for Mr & Mrs Mash Minor Development - Target Date: 28 July 2011 Case Officer: Miss T Lincoln Full Planning Permission CONSTRAINTS Residential Area RELEVANT PLANNING HISTORY PLA/20070068 PO - Erection of single-storey dwelling and garage Approved 05/03/2007 PLA/20071947 PF - Erection of one and a half storey dwelling Approved 08/02/2008 PLA/20081678 PF - Erection of single-storey dwelling Approved 06/02/2009 THE APPLICATION Is for the retention of a single storey dwelling as constructed. Whilst the dwelling is largely complete and occupied, thee are items to finish on the site, principally the vehicular access to the site. The application also includes a proposal to install a fence of increased height along the northern boundary of the site. The fence proposed would add an additional 0.45m on top of the existing 1.8m fence and so would sit at 1.8m above the finished floor level of the erected dwelling and approx 2.25m above the ground level. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillors Shepherd and Oliver having regard to the following planning issues: Impact of the dwelling on the amenities of the adjacent dwelling. TOWN COUNCIL No objection to the height of the fence to reach the top of the ground floor windows of the Low House. REPRESENTATIONS At the time of writing the report, 16 letters of objection have been received on the following grounds: 1. The applicant has not complied with the conditions of the original permission in terms of provision of access on to the highway and details of the garage doors. These should be enforced if this application is approved. 2. There is no kerb drop or properly constructed driveway. 3. The dwelling is out of keeping with the area and an eyesore. 4. The dwelling is oversized for the plot. 5. Due to the slope of the land there is a large cavity half way along the property which is ideal for harbouring vermin. This should be filled in. 6. How will the fence be increased in height without infringing on the neighbouring property? 7. Concern if there is a fire to the rear that there is only access from the front. 8. Suggest Councillor's visit the site to assess the visual impact for themselves. 9. Access for the maintenance of large sections of the building and dividing fence would appear impossible. Development Committee 18 21 July 2011 10. When the original permission was granted a traditional brick built dwelling was expected. 11. Close proximity to neighbouring property. 12. Overlooking of property to the north. 13. Property to the north is floodlit by all of the windows in the evening. 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 SS 3: Housing (strategic approach to housing issues). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). MAIN ISSUES FOR CONSIDERATION 1. Whether the increased height of the building would harm the visual amenity of the area. 2. Whether the increased height of the building and fence would result in a significantly detrimental loss of light and overlooking of the dwelling to the north and whether the proposed fence of increased height would reduce these potential impacts. APPRAISAL Permission was granted for a single storey dwelling on the site in February 2009 (application reference 2008/1678). The approved dwelling is of a contemporary flatroofed design with a mix of dark ply membrane roof to the atrium and sedum roof to the main sections of the building and has a white render finish and timber windows. It has an unconventional layout with the outdoor amenity area in courtyards in the middle of the site rather than at the rear. The current application relates to the increased height of the building as constructed at one end of the site (max height 4.5m) compared to the approved height (max height 4.1m) The site is slightly sloping, decreasing in height from south to north and also from the back to the front of the site. As a result of the sloping site, the approved building has been erected on a plinth of varying heights to provide a level base for the building. This plinth is approximately 0.4m - 0.45m on the northern eastern corner of the building at its greatest depth and reduces in depth towards the southern end of the building to nothing and towards the rear of the building (west). The plinth is of a timber construction. As a result, the finished floor level of the accommodation internally and the height of the building is approx 0.4m higher than that approved. The roof of the main section of the main building is as constructed, 3.3m high for the main section of the dwelling and 4.5m high for the atrium section of the building. Development Committee 19 21 July 2011 Neither the principle of the dwelling, nor its general appearance, design, scale or materials are for consideration in the determination of this application. These matters have already been considered under the original planning permission. As the building has not been built in accordance with the approved plan in terms of its height, the application is to solely consider whether the dwelling as constructed at the increased height is acceptable. The application also includes a proposal to install a fence of increased height along the northern boundary of the site. The fence proposed would add an additional 0.45m on top of the existing 1.8m fence and so would sit at 1.8m above the finished floor level of the erected dwelling and 2.25m above the ground level. Whether the increased fence height is acceptable is also for consideration. In terms of its visual impact, although the design approach differs from the existing traditional built dwellings, in terms of its scale, massing and general design it was not considered that the building would adversely affect the appearance and character of the area. Accordingly permission for the dwelling was granted. This application for the revised design incorporates an increased height of the building by virtue of the addition of a plinth. Whilst the increased height of the building makes it appear slightly more prominent in the street scene, it is not considered that the additional height results in any significantly detrimental impact on the character of the area or the appearance of the street scene. In terms of neighbouring amenity, the addition of the plinth to the building has resulted in the finished floor level of the accommodation internally sitting at approx 0.4m above the ground level of the neighbouring property to the north. Officers have visited the new dwelling and the existing boundary fence at 1.8m above ground level and the close proximity of the windows to the fence already ensures that the occupants of the partially constructed dwelling cannot see into the windows or garden of that dwelling to the north. However it is appreciated that there is a perception of being overlooked with the large amount of glazing visible above the existing height of the fence. The application proposes to increase the height of the fence along the northern boundary by 0.45m so that it is 1.8m above the finished floor level of the approved dwelling. It is considered that this would help lessen the perception of being overlooked from the occupants of the dwelling to the north. The proposed increase in the height of the fence is therefore considered acceptable and to overcome concerns of overlooking of the residential property to the north. As a result of the increased height of the fence, given that this fence would sit at a lower height than the dwelling to be retained, it is not considered that the additional section of fence would result in any adverse loss of light or overshadowing to the occupiers of the dwelling to the north. In the light of the above the development is considered acceptable under Policy EN4 of the adopted Core Strategy. Previous permission 08/1678 was conditional upon details of the garage door being submitted to and approved by the Local Planning Authority prior to commencement of development. Whilst these details were never submitted prior to the commencement of the building, this revised application has confirmed that the doors installed are white sectional insulated overhead doors operated by remote control. Comments are awaited from County Highways as to whether these are acceptable and would affect the ability of the occupants to pull safely off the road on to the drive. Development Committee 20 21 July 2011 Permission 08/1678 was also conditional upon construction of the vehicular access from the highway and the provision of a visibility splay prior to the first occupation of the development. The vehicular access from the highway has not to date been constructed and the applicant has been advised that this needs to be completed. Conditions relating to the construction of the access from the highway and other highways conditions relating to visibility splays imposed on the original permission would therefore need to be re-imposed. The dwelling as erected at its increased height and the proposal of a higher fence to screen the development from the dwelling to the north are considered acceptable and to accord with the Development Plan, subject to the imposition of conditions. RECOMMENDATION: Delegated authority to approve subject to no objection from County Highways in respect of the garage door details and subject to the imposition of conditions, including the erection of a fence to 1.8m above internal finished floor level of the dwelling in accordance with the submitted plans and details and the reimposition of highways conditions relating to the construction of an access from the highway and provision of visibility splays. PUBLIC BUSINESS - ITEM FOR DECISION 9. JUDICIAL REVIEW - PRE-ACTION PROTOCOL LETTER RE CONTINUED USE OF AIRFIELD AT WINSPURS FARM, NORTHREPPS Report seeking the Committee’s response to a letter warning of the potential judicial review of the Council’s alleged failure to take enforcement action following expiration of temporary planning permission in respect of continued use of an airfield. Background Under application PF/09/1082 planning permission was granted on 14 May 2010 for removal of conditions 1 and 3 of planning permission 20081434 and variation of conditions 4, 5 and 8 to continue use of land as an aerodrome with an increase in aircraft movement from 1,780 to 2,100 per annum and to permit take-off and landing at any time in an emergency and limited banner towing at Northrepps Aerodrome, North Walsham Road, Northrepps. Permission PF/09/1082 was temporary and expired on 31 May 2011. Condition 1 stated that unless on or before that date application is made for an extension of the period of permission and such application is approved by the Local Planning Authority the use of the site as an airfield shall cease and that all ancillary buildings and structures on the site shall be removed. On 17 March 2011 application PF/11/0232 was submitted seeking planning permission for continued use of the land at Winspurs Farm as an airfield on a permanent basis. This is a complex application and has required extensive consultation. Many representations have been received, both in support and objecting to the application. It is hoped to prepare a report for the Committee’s consideration in the near future. Development Committee 21 21 July 2011 On 8 July 2011, Solicitors acting on behalf of local residents and others affected by the airfield submitted a letter seeking a response within seven days prior to initiating action for judicial review in respect of the Council’s failure to take enforcement action following expiry of the temporary permission on 31 May. The details of this proposed legal action are set out in the letter which is attached in full at Appendix 3. Paragraph 4 on page 2 summarises their contention that the Council’s failure to take enforcement action amounted to the giving of development consent for the project without following the requirements of the EIA Directive and Regulations and agreeing to the project without first adopting an Appropriate Assessment as required under the Habitats Directive and Regulations. It is submitted that the Council is bound to ensure that the aviation use of Winspurs Farm must cease immediately. Paragraph 8 (page 2) explains that Orders will be sought from the Court as follows: a) A mandatory Order requiring the Council to take, or alternatively lawfully to consider taking, enforcement action (which is likely to include service of a Breach of Condition Notice and meanwhile a temporary Stop Notice); b) If necessary pending consideration of a) above, an Interim Injunction against the operators of the airfield; and c) Costs. Paragraphs 12, 13 and 14 of the appended letter rehearse previous correspondence between Council Officers and the Solicitors, but the Committee will note that their clients’ position is that the Council’s stance in relation to the use of enforcement powers is unlawful and that by not taking enforcement action the Council is in effect granting development consent without compliance with the process for doing so. It is asserted that the Council does not have the discretion to wait until the current planning application matter is considered by Committee, which is normal practice in the case of the renewal of an extant temporary permission and accords with the Council’s Planning Enforcement Policy. The appended letter was received very shortly before the closing date for submission of reports to this meeting and Officers will be giving further consideration to the legal and procedural matters set out in that letter prior to the meeting on 21 July. These matters will be the subject of oral reports and at the meeting the Committee will be asked whether it wishes to take enforcement action as set out in paragraph 24 of the appended letter (some of which are not covered by the approved Scheme of Delegation to Officers). In considering this matter the Committee will need to have regard to the following issues: 1. The requirements of the EIA Directive 85/337/EEC and the relevant High Court and Court of Appeal decisions (further advice will be given upon these legal issues). 2. The nature and significance of any breach of conditions of planning permission PF/09/1082 and evidence in respect of such breaches. 3. The requirements of the Habitats Directive and the requirement for an Appropriate Assessment in relation to the continued use of the airfield beyond 31 May 2011. Development Committee 22 21 July 2011 In respect of these three matters, the following comments are made: The Council’s use of statutory enforcement powers is also guided by the advice given to Planning Authorities by the Government in Planning Policy Guidance Note (PPG) 18 “Enforcing Planning Control”. The general approach to enforcement is stated to include the following (PPG18, paragraph 5). “Nothing in this Note should be taken as condoning a wilful breach of planning law. LPAs have a general discretion to take enforcement action, when they regard it as expedient. They should be guided by the following considerations:(1) Parliament has given LPAs the primary responsibility for taking whatever enforcement action may be necessary, in the public interest, in their administrative area (the private citizen cannot initiate planning enforcement action); (2) the Commissioner for Local Administration (the local ombudsman) has held, in a number of investigated cases, that there is “maladministration” if the authority fail to take effective enforcement action which was plainly necessary and has occasionally recommended a compensatory payment to the complainant for the consequent injustice; (3) in considering any enforcement action, the decisive issue for the LPA should be whether the breach of control would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest; (4) enforcement action should always be commensurate with the breach of planning control to which it relates (for example, it is usually inappropriate to take formal enforcement action against a trivial or technical breach of control which causes no harm to amenity in the locality of the site).” An issue of concern to a number of local residents is the noise resulting from aircraft, including microlights, using the airfield. The Environmental Protection team has been consulted in respect of the Solicitors’ letter and has commented as follows: “We have received 8 complaints since the last application in 2009, 6 of these complainants never returned log sheets so cases were not progressed. The others provided historic information that could not be used to monitor current activity. A visit was made in November and the log book was checked and the aerodrome was meeting planning conditions also a discussion was had with the operator regarding the introduction of a complaints procedure, which resulted in this being introduced and a website page being created. We have received 6 complaints since the date of new application, 3 of these are objections to the new application on noise grounds, 2 from local businesses and 1 from a local resident. One of the other complaints has again provided limited information which could not be used effectively to monitor noise issues. The other 2 have been received more recently and are being dealt with via the proposed monitoring on 23rd July as part of the new application.” It is understood that Environmental Protection Officers are currently monitoring the site and an Officer from that team will attend the Committee meeting when the application will be considered. Development Committee 23 21 July 2011 RECOMMENDATION: An oral recommendation will be made at the Committee meeting subject to further consideration of the legal, procedural and other matters referred to in the report. (Source: Steve Oxenham, Head of Planning and Building Control (ext 6135) and Roger Howe, Planning Legal Manager (ext 6016)). 9. APPLICATIONS APPROVED UNDER DELEGATED POWERS ALBY WITH THWAITE - NMA1/11/0237 - Non-material amendment request for revised roofs to dormer windows; Sloe Cottage, Alby Hill for Miss S Hogg (Non-Material Amendment Request-Household) AYLMERTON - NMA1/09/0582 - Non-material amendment request for alterations to fenestration and drive layout and change of wall finish; The Canadas, Roman Camp, West Runton for Mr & Mrs P Tatum (Non-Material Amendment Request-Household) AYLMERTON - PO/11/0543 - Erection of replacement single-storey dwelling (extension of period for submission of reserved matters on permission reference: 08/0919); One Acre, Sandy Lane, West Runton for Mr D Oliver (Outline Planning Permission) BINHAM - PF/11/0550 - Erection of single-storey side extension; Keys Cottage, The Street, Cockthorpe for Mr Vernon (Householder application) BLAKENEY - PF/11/0406 - Erection of side extension, pitched roof to side extension, installation of bay window, dormer windows and construction of verandah; Staplewood, Back Lane for Mr Scott (Householder application) BLAKENEY - LA/11/0547 - Internal alterations to provide bathrooms; 127 & 129 High Street for Blakeney Neighbourhood Housing Soc. (Listed Building Alterations) BLAKENEY - PF/11/0554 - Conversion of bus shelter to public toilet, parish council store and shelter; Village Hall car park, Langham Road for Blakeney Parish Council (Full Planning Permission) BLAKENEY - PF/11/0642 - Erection of replacement rear extension with attached car port; Richmond, Morston Road for Mr and Mrs Feerick (Householder application) BRISTON - PF/11/0059 - Change of use from A1 (retail) to D1 (drop-in centre) (Retrospective); 179 Fakenham Road for Mr R Allen (Full Planning Permission) BRISTON - PF/11/0535 - Variation of Conditions 2 & 3 of permission reference: 10/0143 to permit increased size of caravans; Seven Acres, Thurning Road for Mrs T Kidd (Full Planning Permission) Development Committee 24 21 July 2011 BRISTON - NMA1/10/1466 - Non-material amendment request for revised front elevation of extension; 130B Hall Street for Mr & Mrs I Shaw (Non-Material Amendment Request-Household) CLEY NEXT THE SEA - PF/11/0566 - Construction of dormer window to facilitate conversion of roofspace to habitable accommodation; 4 The Old Maltings, High Street for Mr M Rigby (Householder application) COLBY - NMA1/10/1252 - Non-material amendment request for wideneing of building and revised front window sizes; The Old Cottage, Colby Corner for Mr S Clarke (Non-Material Amendment Request-Household) COLBY - NMA1/07/1104 - Non-material amendment request for re-siting of dwelling; Holmlea, Colby Road, Banningham for Mr M Howarth (Non-Material Amendment Request) CORPUSTY AND SAXTHORPE - PF/11/0632 - Variation of condition 3 of planning permission reference 08/1684 to permit replacement of render with fibre-cement sheet cladding and change door and window frames to timber; Salween, Norwich Road, Corpusty for Mr D Green (Full Planning Permission) CROMER - PF/11/0462 - Alterations and change of use of ground floor amusement arcade to residential flat and amusement arcade; Home House, High Street for Mr R Parkin (Full Planning Permission) EAST RUSTON - PF/11/0131 - Alterations to barn to facilitate conversion to holiday accommodation, installation of solar panels and erection of double garage with home office above; Poplar Farm, Chequers Street for Ms D Hopton (Full Planning Permission) EDGEFIELD - PF/11/0486 - Erection of two-storey side extension; 10 Rectory Road for Victory Housing Trust (Householder application) EDGEFIELD - LA/11/0533 - Demolition of side and rear extensions and erection of replacement extensions (revised internal layout); Lowes Farm House, Hunworth Road for Stody Estate (Listed Building Alterations) FAKENHAM - PF/11/0111 - Erection of two storey dwelling; 111 Queens Road for Mr Grocott (Full Planning Permission) FAKENHAM - PF/11/0444 - Conversion of first and second floors from office/storage to 2 residential flats; 11a Bridge Street for Mr K Leonard (Full Planning Permission) FAKENHAM - LA/11/0445 - Internal alterations to facilitate conversion to 2 flats; 11a Bridge Street for Mr K Leonard (Listed Building Alterations) Development Committee 25 21 July 2011 FAKENHAM - PF/11/0561 - Installation of metal louvres; Telephone Exchange, Queens Road for British Telecom (Full Planning Permission) FELBRIGG - PF/11/0501 - Erection of double garage (revised design & siting); Raptor House, Metton Road for Mr Husar (Householder application) FIELD DALLING - LA/11/0505 - Installation of replacement windows; Sidney Farm, Field Dalling Road, Saxlingham for Albanwise Limited (Listed Building Alterations) GIMINGHAM - PF/11/0356 - Erection of replacement football clubhouse/changing room; 1 Harvey Estate, Gimingham for Gimingham Parish Council (Full Planning Permission) GRESHAM - NMA1/10/0277 - Non-material amendment request for alterations to French doors and windows, installation of timber cladding to dormer cheeks and erection of boundary fence; Plot 2, The Loke for Mr G Last (Non-Material Amendment Request) GUNTHORPE - PF/11/0582 - Erection of Garden Room; The Old Forge, Bale Road for Mr & Mrs R Kelly (Householder application) GUNTHORPE - PF/11/0667 - Alterations to outbuilding to provide cart-shed garages; Church House, Gunthorpe Road, Bale for Mr & Mrs M Moore (Householder application) GUNTHORPE - LA/11/0668 - Alterations to outbuilding; Church House, Gunthorpe Road, Bale for Mr & Mrs M Moore (Listed Building Alterations) HAPPISBURGH - NMA1/07/1881 - Non-material amendment request to amend roof tiles to Norfolk Red pantiles and cladding to wooden feather edge boarding left as a natural colouring; Glenhern, Short Lane for Mr D Horsnell (Non-Material Amendment Request-Household) HELHOUGHTON - PF/11/0576 - Erection of detached dwelling; 38 Park Lane for Mrs R Freeman (Full Planning Permission) HICKLING - NMA1/10/1060 - Non-material amendment request for revised door and window arrangements; Eastfield Farm, Eastfield Road for Mr S Ellis (Non-Material Amendment Request) HINDRINGHAM - PF/11/0598 - Erection of detached shed; Coldham House, Wells Road for Mr and Mrs R Green (Householder application) HOLT - AI/11/0549 - Display of illuminated and non-illuminated advertisements; Associated Tyre Specialists Ltd, Hempstead Road Inudstrial Estate, Glaven Road for ATS Euromaster (Advertisement Illuminated) Development Committee 26 21 July 2011 HOLT - PF/11/0617 - Erection of single-storey rear extension; 19 Peacock Lane for Mrs Perrett (Householder application) HONING - NMA1/11/0139 - Non-material amendment request for increase in width of patio doors; 2 Fairview, The Street for Mrs D Chowns (Non-Material Amendment Request-Household) HORNING - PF/11/0519 - Conversion of Gospel Hall to single-storey dwelling; Broadland Gospel Hall, 65 Leeds Way for Mr A Byford (Full Planning Permission) HOVETON - PF/11/0439 - Erection of conservatory; 6 Three Acre Close for Mr Barnett (Householder application) HOVETON - BX/11/0494 - Removal of existing corridor link and erection of extension to sports hall to include changing rooms, ICT suite and facilities (County Council Ref: Y/1/2011/1003); Broadland High School, Tunstead Road for Norfolk County Council (County General Reg 3) HOVETON - PF/11/0589 - Erection of covered swimming pool; 9 Grange Close for Mr D Risby (Householder application) INGHAM - PF/11/0560 - Erection of single-storey extension to holiday annexe; Brickle Barn, Brick Kiln Lane for Mr B Weeks (Householder application) LANGHAM - NMA1/10/0637 - Non material amendment request for revised door opening on south elevation and installation of door on north elevation; Home Close, North Street for Mr Allen (Non-Material Amendment Request) LETHERINGSETT WITH GLANDFORD - PF/11/0453 - Conversion of garage to habitable accommodation; Lowes Barn, Riverside Road, Letheringsett for Mr O Haynes (Full Planning Permission) LETHERINGSETT WITH GLANDFORD - PF/11/0536 - Erection of toilet block (revised design); Manor Farm Barns, Wiveton Road, Glandford for Bayfield Farms Ltd (Full Planning Permission) LETHERINGSETT WITH GLANDFORD - PF/11/0601 - Change of use from A1 (retail) to mixed use A1 (retail shop) and A3 (restaurant/cafe); Units 3 & 4, Manor Farm Barns, Blakeney Road, Glandford for Dragon Hall Enterprises Ltd t/a Art Cafe (Full Planning Permission) LUDHAM - LA/10/1296 - Removal of fireplace to reveal original fireplace and installation of wood burner; Ludham Hall, Hall Road for Mrs A Ritchie (Listed Building Alterations) Development Committee 27 21 July 2011 LUDHAM - PF/11/0407 - Erection of single-storey dwelling; Land adjacent Oakleigh, Malthouse Lane for Mr N Franklin (Full Planning Permission) MATLASKE - NMA1/10/1283 - Non-material amendment request for changes to doors and windows, addition of dormer window and revised porch details; Garden Cottage, Watery Lane for Mr G Salmond & Miss M Hodgkinson (Non-Material Amendment Request) MELTON CONSTABLE - PF/11/0542 - Erection of rear sunroom extension; Markshall Game Farm, Craymere Beck for Mr J Daniels (Householder application) MUNDESLEY - NMA1/09/1193 - Request for non-material amendment for construction of pitched roof to front extension and flat to rear extension; 59 Cromer Road for Mr & Mrs Keast (Non-Material Amendment Request-Household) NEATISHEAD - PF/11/0470 - Erection of two-storey/single-storey rear extension; Cangate Cottage, Cangate Road, Cangate for Mr M Claxton (Householder application) NORTH WALSHAM - PF/11/0485 - Erection of two-storey side extension; 54 Wharton Drive for Mr & Mrs Taylor (Householder application) NORTH WALSHAM - PF/11/0562 - Raising of ridge height and erection of singlestorey rear extension; 35 Bradfield Road for Mr B Duker (Householder application) NORTH WALSHAM - LA/11/0607 - Internal alterations and installation of windows to facilitate conversion of first and second floors into one maisonette and one flat; 10 Church Street for R G W Portugal Limited (Listed Building Alterations) NORTHREPPS - PF/11/0389 - Installation of extractor flue; Foundry Arms, Church Street for Mr I Humphrey (Full Planning Permission) OVERSTRAND - PF/11/0483 - Erection of single-storey front and rear extensions with accommodation in roofspace; 9 Pauls Lane for Mr & Mrs Holyoak (Householder application) RUNTON - PF/11/0497 - Refurbishment of two toilet block buildings and construction of access ramps; Ingleborough Fields Caravan Site, Station Close, West Runton for The Caravan Club (Full Planning Permission) RUNTON - PF/11/0572 - Erection of replacement single-storey front extension; 1 Orchard Cottages, The Common, West Runton for Mrs M Osborne (Householder application) SCULTHORPE - PF/11/0578 - Erection of garage; 62 Moor Lane for Mr G Saunders (Householder application) Development Committee 28 21 July 2011 SEA PALLING - PF/11/0552 - Change of use from holiday accommodation to residential/bed and breakfast business; Willow Barn, Stalham Road for Mr Clark (Full Planning Permission) SHERINGHAM - PF/11/0252 - Installation of replacement doors and windows; 12A St Peters Road for Mr A Dolan (Householder application) SHERINGHAM - PF/11/0287 - Change of use from B8 (storage) to A1 (auction rooms); The Granary, 51 Station Road for Mr G Hare (Full Planning Permission) SHERINGHAM - PF/11/0491 - Erection of single-storey rear extensions; 6 Woodland Rise West for Mrs Waple (Householder application) SHERINGHAM - PF/11/0575 - Installation of facade to side extension and addition of fire door; 36 Cromer Road for Sheringham Masonic Association (Full Planning Permission) SHERINGHAM - PF/11/0669 - Formation of vehicle access and car-parking space; 84 Cromer Road for Mr Marling (Householder application) SHERINGHAM - NMA2/09/0903 - Non-material amendment request for revised door and window details; 56 Cooper Road for Mr N Dawson (Non-Material Amendment Request-Household) SIDESTRAND - BX/11/0573 - County Council Reference Y/1/2011/1007 Change of use of former school staff houses to provide for residential institutional units for students with specific learning and educational needs; Staff Houses, Sidestrand Hall, Cromer Road for Norfolk County Council (County General Reg 3) SLOLEY - PF/11/0088 - Conversion of agricultural buildings to 3 residential dwellings; Sloley Farm, High Street for Mr & Mrs A Jones (Full Planning Permission) SMALLBURGH - PF/10/1019 - Change of use of land from agricultural to churchyard; Land adjacent St Peter's Church, Hall Road for Mr G Dixon (Full Planning Permission) STALHAM - NMA1/10/0754 - Non-material amendment request for omission of front window and gable window, repositioning of side window, new window in side elevation and installation of side door; Gleedale, Camping Field Lane for Mr P Frizell (Non-Material Amendment Request-Household) THORNAGE - PF/11/0538 - Conversion of garage/outbuilding to residential annexe; Whitehouse, Stody Road for Mr & Mrs N Andrew (Householder application) THORNAGE - LA/11/0539 - Alterations to garage/outbuilding to facilitate conversion to residential annexe; Whitehouse, Stody Road for Mr and Mrs N Andrew (Listed Building Alterations) Development Committee 29 21 July 2011 THURNING - PF/11/0564 - Erection of detached car port; Craymere Beck House, Craymere Beck Road for Mr S Garner (Householder application) THURSFORD - PF/11/0574 - Erection of link extension to convert two dwellings to one dwelling; Walnut Tree Cottage, The Street for Mr and Mrs Bramwell (Householder application) TRIMINGHAM - PF/11/0527 - Erection of two-storey rear extension; First and Last, Middle Street for Ms D Hiatt (Householder application) TRUNCH - PF/11/0318 - Removal of Condition 3 of planning ref: 04/0087 to permit permanent residential occupancy; Rooster Barn, Mundesley Road for Mr & Mrs R Jelliff (Full Planning Permission) TRUNCH - LA/11/0500 - Removal of internal wall of barn and infilling of doorway; Ivy Farmhouse, Mundesley Road for Mrs A Binny (Listed Building Alterations) TUNSTEAD - PF/11/0565 - Erection of first floor side extension and single-storey side and rear extensions; Hawthorn Cottage, Market Street for Mr & Mrs Badger (Householder application) WALCOTT - PF/11/0468 - Retention of garden shed; White Horses, Poplar Drive for Mr & Mrs Hardy (Householder application) WALSINGHAM - PF/11/0579 - Erection of single-storey front extension, installation of dormer window and alterations to access; 45 Scarborough Road for Mr J A H Clark (Householder application) WELLS-NEXT-THE-SEA - PF/11/0399 - Erection of single-storey rear extension; 45 High Street for Mr & Mrs Goode (Householder application) WELLS-NEXT-THE-SEA - LA/11/0400 - Removal of conservatory, erection of single-storey rear extension and internal alterations; 45 High Street for Mr & Mrs Goode (Listed Building Alterations) WELLS-NEXT-THE-SEA - PF/11/0464 - Erection of two-storey rear extension; Little Rosa, 18 Dogger Lane for Mr and Mrs Potter (Householder application) WELLS-NEXT-THE-SEA - LA/11/0504 - Re-siting of staff cottages, formation of veranda, installation of first floor window, revisions to internal layout and installation of replacement windows; Blenheim House, Theatre Road for Mr & Mrs Lewthwaite (Listed Building Alterations) Development Committee 30 21 July 2011 WELLS-NEXT-THE-SEA - PF/11/0590 - Subdivision of dwelling into two dwellings; 11 Mindhams Yard for Mr A Styman (Full Planning Permission) WELLS-NEXT-THE-SEA - PF/11/0591 - Formation of parking area; 6 Masseys Yard for Mr P De La Grange (Householder application) WELLS-NEXT-THE-SEA - LE/11/0599 - Demolition of wall to facilitate formation of parking area; 6 Masseys Yard for Mr P De La Grange (Conservation Area Demolition) WEYBOURNE - NMA1/10/1400 - Non-material amendment request for change of windows to glazed doors, erection of brick and flint section to dwelling, installation of WC in porch and relocation of front door.; South Cottage, The Street for Mrs G Atkinson (Non-Material Amendment Request-Household) WICKMERE - NP/11/0685 - Prior notification of intention to erect agricultural storage building; Hall Farm, Itteringham Road, Mannington for Mr K Pigott (Prior Notification (Agricultural)) WITTON - LA/11/0080 - Internal alterations, re-thatching and installation of replacement doors and windows; Dairy Farm, The Street, Ridlington for Mr & Mrs J Grier (Listed Building Alterations) WITTON - PF/11/0431 - Conversion of barns to one residential dwelling and two units of holiday accommodation; Manor Farm, Manor Farm Road, Witton Bridge for Mr A Cuss (Full Planning Permission) WORSTEAD - PF/11/0633 - Construction of manège; Land at Windy Ridge, Meeting Hill for Mr T Nash (Full Planning Permission) WORSTEAD - NMA1/10/1077 - Non-material amendment request for revised roof profile; White House, Meeting Hill for Mr & Mrs Holland (Non-Material Amendment Request-Household) 10. APPLICATIONS REFUSED UNDER DELEGATED POWERS AYLMERTON - PF/10/1476 - Erection of garden equipment store; Land adjacent Indarra, Beechwood Avenue for Mr Howell (Full Planning Permission) BACONSTHORPE - PF/11/0362 - Erection of two 15m wind turbines; Hall Farm Piggeries, Hall Lane for Miss Rhatigan (Full Planning Permission) BLAKENEY - PF/11/0403 - Erection of single-storey dwelling; Land off Back Lane, 4 The Quay for Derek Foreman House Builders Ltd (Full Planning Permission) Development Committee 31 21 July 2011 HAPPISBURGH - PF/11/0530 - Erection of 15m wind turbine; Moat Farm, School Common Road for Mr N Popay (Full Planning Permission) STALHAM - PF/11/0551 - Use of land for siting seasonal marquee for the sale of mix of clothes/summer beach products from 1 March to 31 October each year; Tesco Stores Limited, Old Market Road for Tesco Stores Ltd (Full Planning Permission) STODY - PF/11/0526 - Erection of carpentry and joinery workshop; Green Cottage, The Green, Hunworth for Mr L Saunders (Full Planning Permission) STODY - NMA1/07/0046 - Non-material amendment request for revised fenestration and layout; Stody Hall, Brinton Lane for Mr & Mrs M Baker (Non-Material Amendment Request) WALSINGHAM - PF/11/0382 - Erection of single-storey extension; 3 The Old Vicarage, Scarborough Road for Mr J Barnes (Full Planning Permission) APPEALS SECTION 11. NEW APPEALS No items 12. PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS SOUTHREPPS - PF/10/0205 - Retention of one temporary storage building and erection of two further temporary storage buildings; Land at Church Farm, Church Street for Mr Codling INFORMAL HEARING 6 July 2011 13. WRITTEN REPRESENTATIONS APPEALS - IN HAND FAKENHAM - PO/10/0898 - Erection of two detached one and a half storey dwellings; Lavengro, Heath Lane for Mr Gilchrist FAKENHAM - PO/10/1111 - Erection of single-storey dwelling; Land rear of 43 Sculthorpe Road for Mr Patrick & J Brady NORTH WALSHAM - LD/10/0916 - Demolition of building; Rear of 25 Market Place for Stonefield Estates Ltd NORTH WALSHAM - PF/10/0942 - Erection of two-storey dwelling; Land rear of 25 Market Place for Stonefield Estates Ltd SHERINGHAM - PO/11/0161 - Erection of detached two-storey dwelling and garage; 5 Meadow Way for Mr James Development Committee 32 21 July 2011 14. APPEAL DECISIONS BINHAM - PF/09/0870 - Retention of Single-Storey Building Used for Saw-Milling and Storage/Distribution of Logs; Land adjacent to Langham Road for Mr Taylor APPEAL DECISION:- DISMISSED BODHAM - PF/10/1469 - Continued siting of caravan for agricultural purposes and 4 mobile animal shelters and erection of polytunnel; Windrush Farm, Hart Lane for Mr D Gay APPEAL DECISION:- WITHDRAWN BODHAM - PF/09/1269 - Erection of agricultural building; Land at Hart Lane for Mr D Gay APPEAL DECISION:- WITHDRAWN GREAT SNORING - PF/10/1411 - Erection of single-storey extension; 5 The Sheltons, Barsham Road for Mr G M Grimwade APPEAL DECISION:- DISMISSED PASTON - PO/10/1058 - Erection of single-storey dwelling to replace demolished dwelling; Spyglass Hill, North Walsham Road for Mr D Briggs APPEAL DECISION:- DISMISSED Development Committee 33 21 July 2011