OFFICERS' REPORTS TO DEVELOPMENT COMMITTEE - 23 APRIL 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. 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 Minor Development - Target Date: 4 February 2015 Case Officer: Mr G Linder Full Planning Permission CONSTRAINTS Countryside Conservation Area Area of Outstanding Natural Beauty Undeveloped Coast RELEVANT PLANNING HISTORY PF/13/0828 PF - Erection of two and a half storey replacement dwelling - Withdrawn by Applicant 19/09/2013 PF/14/0785 PF Demolition of dwelling and barns and erection of two and a half storey replacement dwelling Refused 04/09/2014 - Appeal lodged - outcome awaited THE APPLICATION Seeks the demolition of a 1950‟s bungalow, associated outbuildings and barn and the erection of a vernacular style two and half storey dwelling. The proposed dwelling which would be “L” shaped in form would be sited some 40 metres to the east of the existing bungalow at its closest point and would have a total floor area of 445.61 sq. metres of habitable accommodation and would comprise 5 bedrooms. In addition there would be an integral double garage comprising a further 44.21 sq. metres of floor space, giving a total floor area of 489.82 sq. metres. It is envisaged that the materials to be used would consist of a mix of soft Norfolk red bricks, flint and horizontal timber cladding to the walls, whilst the roof would be of red Norfolk clay pantiles. As part of the scheme a new driveway is envisaged which would utilise the existing southern access to the site and curve round the south edge of the existing bungalow to the proposed new dwelling. Development Committee 1 23 April 2015 In addition a comprehensive landscaping scheme is proposed both for the holding which runs to some 16 hectares and the proposed curtilage of the dwelling which is shown to be some 0.58 hectares. This would be based on the 20 year vision as expressed in the Integrated Landscape Guidance for the Area of Outstanding Natural Beauty (AONB) and include the removal of a three poplar trees, remediation of the former nursery to managed heathland, and extension of the lowland heath habitat. In addition, the planting of species rich meadows and the management and replanting of hedgerows in order to provide an interconnecting matrix for wildlife are proposed. As part of the scheme, three existing holiday cottages adjacent to the northern boundary of the site would be retained. The application is supported by plans showing the proposed dwelling, a Planning Statement containing a Design and Access Statement and Heritage Statement, a Protected Species Scoping Survey (incorporating a Bat Survey), and Landscape and Visual Impact Appraisal (LVIA). Amended plans have been received which show fenestrational changes. In addition a revised Landscape and Visual Impact Assessment (LVIA) has been received, which shows the proposed dwelling in its landscape context. REASONS FOR REFERRAL TO COMMITTEE Deferred for a site visit. PARISH COUNCIL (Original comments) Wiveton Parish Council - Strongly objects in that the application differs little from the previous scheme and the policies applicable to that refusal still apply. To approve this application would undermine the previous decision. This proposal would replace a modest single storey bungalow with a three storey building, sited in a large open area. At first glance the Glaven Valley might not seem that remarkable, extending a mere 7 miles inland, but the first glance can often be misleading, because running through this small valley is one of the world's rarest rivers, a chalk stream that with its distinctive vegetation and flood plain shapes the landscape around it. Along its short length there are some magnificent viewpoints, but none to equal those at the lower stretch, which is the part that concerns Wiveton PC in respect of this application. Among a number of viewpoints, there are three that stand out. The first is from the public highway of Bridgefoot Lane. The next further to the north is from a public footpath, and the third is from Three Owls Farm, so it is not surprising that the applicants wish to build a house there that would command it, and command it, it most certainly would. Because from most parts of the large stretch of the valley that can be seen from there this house would dominate the landscape. Of particular concern for the people of Wiveton is the impact the development would have on our churches, where it would compete for dominance in the view. This house would seriously compromise the heritage setting of Wiveton and Cley churches. As we understand it English Heritage were initially reluctant to support this application, but then changed their minds based on some rather minor alterations to the design. This suggests to us that they were standing to close, and did not take the time to go out into the landscape and look at the wider implications for the valley churches. If they had they would have noted that the alteration to the scheme would have been too small to be visible across the valley. Development Committee 2 23 April 2015 This is a very important matter for Wiveton, given the separate statutory duties under the Listed Buildings Act 1990 (1) to preserve the setting of these [Grade I] listed buildings and (2) to preserve or enhance the character and appearance of the Glaven Valley Conservation Area of which its churches are a key feature. Our second concern relates to precedent. There have been two applications in the village recently, NNDC required both applicants to confirm to the Countryside policies that apply, one was allowed to incorporate the first floor in the roof space, the other was kept to a single storey. This proposal is for a building many times bigger than both these applications put together. For it to get permission would throw the LDF in the waste bin and set a frightening precedent as so much land banking has been carried out around the Three Owls site. There was considerable dissatisfaction in respect of the planning process for the first application on this site, so it would only be fair to point out that much closer attention will be given to NNDC's handling of this application. The following policies apply and if they are not applied in full explanation should be given. Policies HO8, SS2 and EN1 and EN2 of the North Norfolk Local Development Framework Core Strategy are considered to be applicable. In addition, there is a statutory duty under Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to have a general duty in respect of listed buildings in exercise of the planning function. (1) (2) In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Without prejudice to section 72, in the exercise of the powers of appropriation, disposal and development (including redevelopment) conferred by the provisions of sections 232, 233 and 235(1) of the principal Act, a local authority shall have regard to the desirability of preserving features of special architectural or historic interest, and in particular, listed buildings. Further comments in respect of amended plans and LVIA; We appreciate that the agents acting for the applicants are doing all they can to mitigate the visual appearance of this building, but none of the alterations affect the impact this very large house will have on the Glaven Valley Conservation Area, and many other parts of the surrounding countryside. They are quite simply trying to thread a camel through the eye of a needle. With what is in effect a building of three storeys that is five times bigger than the original house and which makes nonsense out of H08 and all the other policies that apply. A new build 76 metres away from the footprint of the original can hardly be described as a replacement, it is a new separate building. There also seems to be some confusion over just where the so-called curtilage lies, is it the boundary of the property, or the rather vague area define by a few posts and some wire? If a replacement building can be situated so far away from the original how far does it have to be before it is no longer a replacement? At the edge of the property? At the edge of the Parish? Or in Suffolk? Development Committee 3 23 April 2015 Paragraph 55 of the National Planning Policy Framework states that Isolated homes in the countryside should be avoided unless there are special circumstances. There are none in this case. All along Wiveton Parish Council have underlined their concern with respect to the Glaven Valley Churches of Cley and Wiveton. The mock up images contained within the submission from the agents are seriously misleading, showing a small grey house, blending invisibly into the landscape. The house is not small, it is not grey and it will never blend into the landscape and will compete with our Church for dominance in the landscape. The statement made to the Inspector at the recent appeal for the first application deals with this aspect and so applies equally to this application and is therefore, copied below. At first glance the Glaven Valley might not seem that remarkable, extending a mere 7 miles Inland, but a first glance can often be misleading, because running through this small valley is one of the world‟s rarest rivers, a chalk stream that with its distinctive vegetation and flood plain shapes the landscape around it. Many gems glitter in the crown of the North Norfolk AONB, but the Glaven Valley is one of the most important. Along its short length there are several magnificent viewpoints but none to equal those at the lower stretch, which is the part that concerns us today. Among a number of viewpoints but there are three that stand out and show the characteristics of this valley . The first is from the public highway of Bridgefoot Lane, (see location 1 on the display). The next further to the north, and from a public footpath (see location 2.) And the third is from Three Owls Farm, so it is not surprising that the applicants should wish to build a house that commands it. And command it, it most certainly would. Because from every part of the large stretch of the valley that can be seen from there , this house would dominate the landscape. Of particular concern in this respect for the people of Wiveton is the impact it would have on our Churches where it would compete for dominance in the view. This house would seriously compromise the heritage setting of Wiveton and Cley Churches. As we understand it English Heritage were initially reluctant to support this application, but then changed their minds based on some rather minor alterations to the design. This suggests to us that they were standing too close, and did not take the time to go out into the landscape and look at the wider implications for the Valley Churches. Where it would have been clear that those alterations made no difference, as they would have been too small to see. However, this should still be a very important matter for you, given the separate statutory duties under the Listed Buildings Act 1990 (1) to preserve the setting of these [Grade I] listed buildings and (2) to preserve or enhance the character or appearance of the Glaven Valley Conservation Area of which the Churches are a key feature. Our second concern relate to precedent. There have been two applications in the village recently, NNDC required both applicants to confirm to the Countryside policies that apply, one was allowed to incorporate the first floor in the roof space; the other was kept to a single storey. This proposal is for a building many times bigger than both these application pout together. For it to get permission would throw the LDF in the waste bin and set a frightening precedent as so much land banking has been carried out around the Three Owls site. REPRESENTATIONS Seventy four letters of objection have been received which raise the following concerns, (summarised):- Development Committee 4 23 April 2015 1. The application is very similar to the one refused last year and the issues remain the same. 2. The style of architecture and size of development is not appropriate within the Area of Outstanding Natural Beauty (AONB). 3. There is no presumption in the new planning guidelines in favour of development in designated AONB‟s. 4. The proposed development would result in a serious visual intrusion into the Glaven Valley Conservation Area. 5. This prominent isolated residential development is unacceptable in the AONB, and would also fail to preserve or enhance the Conservation Area. 6. The proposed new dwelling would result in a disproportionately large increase in height and scale compared to the existing bungalow. 7. Far from improving on the previous contemporary design the current proposal offers an ugly attempt at pastiche traditional design, which would cause even greater visual damage to the precious landscape of the AONB and Conservation Area. 8. The proposed “Threshing barn” approach to the design has produced a marginally less brutal and industrial appearance but fundamentally the size and siting would result in a large detached “new build” house in open countryside, which is exactly what the Core Strategy Policies are designed to secure against. 9. Views of Blakeney Church from the Wiveton Downs footpath would be compromised by the development. 10. The dwelling is inappropriate in terms of its location, height, scale and appearance. 11. The proposal would materially increase the impact of the dwelling on the appearance of the surrounding countryside. 12. The proposed dwelling would be too large and high and prominent in this part of the north Norfolk coast. 13. The dwelling would be seen from some considerable distance especially from Wiveton and the Glaven Valley with its listed churches. 14. The proposed dwelling would contravene Core Strategy Policy HO8, as the proposal is excessively large in bulk and scale, being three storey high. This is a disproportionately large increase from the original dwelling. 15. The farm barns should not be included as part of the footprint being some 50 metres away. 16. The proposal would contravene both Policies EN1 and EN2 which are expressly designed to prevent this kind of development. 17. The proposal is not a replacement dwelling as it is some 50 metres way from the original dwelling and three storey high. This is a serious misrepresentation which needs to be addressed. 18. The planning statement accompanying the application states that the net increase in floor area is 156 sq. metres whereas the actual net gain based on the gross external areas between the exist bungalow and the proposed new building is approximately 630 sq. metres (that is 790 sq. metres compared to 160 sq. metres, equivalent to five times of the original). 19. The Planning Statement makes reference to a Landscape Visual Impact Assessment (LVIA) but no such document is registered as an accompaniment to this application. 20. At the planning committee meeting for the last application, the case officer bias in favour of the applicant amounted to a mission statement on their behalf and reflected baldy on NNDC planning department. 21. There architectural concept of a “Threshing barn” is now used to justify a large residential building within the open countryside however there are no such buildings within or anywhere near the application site. 22. The Heritage Statement makes no mention of the statutory test under Section 66 and 72 of the Planning (Listed Building and Conservation Areas) Act 1990. The Council would be justified to refuse the application on this basis alone. Development Committee 5 23 April 2015 23. This type of scheme, due to its bulk, height and massing would not have a neutral impact and as such could not be seen to preserve or enhance the area. 24. The proposal would contravene Core Aim 3 of the Core Strategy. 25. This application was submitted close to Christmas when developers knew that most people would be preoccupied with other matters. 26. The only way to assimilate a building of the floor area proposed would be for the building to be spread over a larger area, thus reducing its height. 27. The proposal would set a precedent for further applications in this vulnerable and precious Conservation Area and AONB. 28. Potential noise and light pollution would adversely affect the S.S.S.I Blakeney Esker and Wiveton Downs to which it adjoins. 29. The proposal is totally inappropriate in the context of the mediaeval Glaven Valley villages and its surrounds. 30. Paragraph 115 of the NPPF requires that great weight should be given to conserving the landscape and scenic beauty in AONB‟s, clearly this proposal fails this test. 31. The first views of the Glaven Valley when approaching from the east are from Bridgefoot Lane and the proposed dwelling would sit right in the middle of this view and would become one of its most significant features. 32. The proposal would affect the “heritage setting” of two of the Glaven Valleys most beautiful churches. 33. English Heritage has failed in their responsibility to assess the impact of the development against Section 66 of the Listed Buildings and Conservation Areas Act 1990. An eight page letter has also been received from the Council for the Protection of Rural England, Norfolk, which objects to the application and makes the following comments (summarised):1. 2. 3. 4. 5. 6. Considers that the proposal should be refused as it fails to meet the requirements of Policies HO 8, EN 1, EN 2 and EN 4; and paragraph 115 of the NPPF While there are some differences between the current and previous applications, on policy grounds and possible precedents that could be set, there is no change at all. The proposal entails an unacceptable increase in the bulk and scale of the dwelling, from a single storey bungalow even taking into account the potential increase allowance for permitted development rights and would not comply with Core Strategy, Policy HO8. Elevationally the north west elevation has a remarkably ugly and disjointed appearance, showing different roof heights and build angles; and most notably the two storey facade of brick on the left, then a gable end of brick and flint, then a further area of flint with a porch below, and then on the right hand side a large area of wood cladding, in which are set two large garage doors. Whilst the north east elevation which seeks to achieve the fantasy of Threshing barn with its overly large amount of glazing sits on an open edge of the site and will be a prominent and unwelcome feature in an open landscape, and visible from much of the coastal arc from west of Blakeney to beyond Cley and Wiveton. The glass will introduce a reflective surface during the daylight hours, and illumination at night The site as viewed from the Saxlingham Road through the two accesses, will change from being hidden and low profile to an open and formal „gardenised‟ area, in which set at the back on the left is a large and ugly façade (on the left hand side, with barn 2 removed, there will be a tennis court). The open and exposed situation of the proposed dwelling is such that it would be seen from many points over a wide area. The height contours fall progressively from the 30 metre contour to the sea in an arc running from west of Blakeney to the Development Committee 6 23 April 2015 7. east beyond Cley and Wiveton (the exception being a rise again in the line to Blakeney Church), and would therefore fail to comply with Core Strategy Policies EN1, EN2 and EN4. This site can only be re-developed in a satisfactory way by the replacement dwelling being on or close to the footprint of the existing bungalow; to a baseline total floor space of 244 sq. metres or little more; any garaging and storage be accommodated some way to the north of this as a separate single story building, where it would be both close to the replacement dwelling and hidden by the high hedge which fronts the site. Preferably barn 1 should be left as it is, see the protected species report for the implications of its removal, and of the ivy-covered trees immediately adjacent north west boundary for bats. The recommendation in the report for restoration of some hedgerow for bats and other wildlife along previous field boundaries in the improved pasture grassland of the wider holding within the ownership should be adopted; this would benefit the ecological network within the area. The letter is reproduced in full at Appendix 1. CONSULTATIONS Blakeney Parish Council – (Original comments) Object to the application on the following grounds:a) The new building is too far from the existing bungalow that it is replacing to be considered as a „replacement dwelling‟. As a new dwelling in the countryside it does not comply with NNDC‟s Core Strategy Policies HO4 and HO5 as it is not for Travellers or Essential Workers in the countryside. b) If considered to be a replacement dwelling it is totally contrary to Policy HO8 as it represents a disproportionately large increase in the height and scale of the original dwelling (the dilapidated outbuilding remote from the existing bungalow cannot be considered as part of the existing dwelling as suggested by the applicant), and will materially increase the impact of the dwelling on the appearance of the surrounding countryside, given its scale and position moved to the rear of the site where it will be very visible in the Glaven Valley Conservation Area. c) It is contrary to Policy EN1 of the Core Strategy, which has been adopted in order to protect the Norfolk Coast AONB. The policy states that proposals that have an adverse effect will not be permitted unless it can be demonstrated that they cannot be located on alternative sites that would cause less harm and the benefits of the development clearly outweigh any adverse impacts. The proposal clearly fails this test as there are no benefits to outweigh the damaging impact the development will have on the appearance of the surrounding countryside, and a house of this size and scale could clearly be accommodated on a less sensitive site. d) It is contrary to Policy EN2 which has been adopted for the protection and enhancement of landscape and settlement character. The policy states that development proposals should demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance; • Visually sensitive skylines, hillsides, seascapes, valley sides and geological features • The setting of, and views from, Conservation Areas. This proposal, because of its height, scale and prominent position within the AONB and the Glaven Valley Conservation Area will have a seriously damaging impact on the landscape, standing out obtrusively within this very sensitive landscape and in no way can be considered to enhance it. Development Committee 7 23 April 2015 This is a highly sensitive site which the above Policies have been designed to protect, and a proposal such as this one cannot be allowed to over-ride them. If approved, it would set a dangerous precedent for further, equally damaging, developments in the North Norfolk countryside. The Norfolk Coast AONB is an important resource for those living in the area and, equally importantly, for the tourism on which so much employment relies and it should be protected with great care and vision. The district Council have had the vision to set out, in their LDF, clear policies to protect the special character of the countryside, and proposals for development within the countryside must follow these policies if this character is to be preserved. Further comments in respect on amended plans and LVIA – Objections as previously detailed still stand. Norfolk Coast Partnership – (Original comments) summarised:- Reiterate their comments in respect of the previous application, which is that a replacement dwelling on this site could be acceptable in principle if of suitable design and scale and where overall environmental benefits result. However, these factors need to be carefully considered given the very sensitive location within the Norfolk Coast Area of Outstanding Natural Beauty (AONB), the Glaven Valley Conservation Area and the Undeveloped Coast policy area of the Local Plan, in open countryside rather than within a settlement. Whilst recognising that there have been changes in the design and location of the proposed replacement dwelling compared to the previous application, concerns regarding key aspects of the scheme remain. From the perspective of the statutory purpose of AONB designation i.e. the conservation and enhancement of the area‟s natural beauty suggest that the interpretation of policies HO8 and EN1 of the Local Plan and of paragraph 115 of the National Planning Policy Framework are key. The interpretation of Policy HO8 is of critical importance for this application and for future applications for which this could set a precedent. Although the policy is not prescriptive about what constitutes a “disproportionately large increase in the height or scale of the original dwelling”, in this case, as in the previous application, a reasonable person would surely consider that replacement of a bungalow with a height of approximately 3.5 metres and a footprint of 160 sq. metres by a two and a half storey building with a height of 9 metres and floor area of 526 sq.metres does not meet this criterion, even allowing for permitted development rights. The inclusion of the barn as part of the area of the existing dwelling is questionable at best. Even if this is accepted, allowing for maximum permitted development rights the increase in area is 42%; if it is not accepted, as it should not be, the increase is 134%. Furthermore although Policy HO8 is not prescriptive about replacing on the position of the existing dwelling, again a reasonable interpretation would be that this should be the case as far as practicable, allowing for a modest increase in size and arrangement. There would need to be good reasons of public interest and/or benefit for a significant displacement, which is not the case here. Because of its height, scale and location the proposed replacement building would clearly have greater impact than the existing development on the surrounding countryside, especially from the sensitive eastern quarter – so failing to meet the second criterion of policy HO8. Interpretation of Policy HO8 in a manner other than this would be likely to give rise to other similar applications in the AONB which would be very difficult to resist and would have incremental damaging impacts on the areas natural beauty. Development Committee 8 23 April 2015 Whilst in terms of Policy EN 1 although the design and position has been amended, would still clearly detract from the special qualities of the landscape in this part of the AONB by virtue of its form and visibility over a wide area to the eastern quarter. It would not be appropriate to, or necessary for, the economic, social and environmental well-being of the area or contribute to the understanding and enjoyment of the area, and it would not contribute to delivery of AONB Management Plan objectives. The development could be located on an alternative site e.g. on the existing footprint, but would still need to demonstrate that the scale and height was not such as to give rise to detriment. They also point to the comprehensive assessment from the CPRE to this application and recognise and support the validity of these points raised. The Norfolk Coast Partnership therefore advise that the impacts and implications of approving this application would greatly outweigh any marginal benefits that might arise from the proposal. (Comments in respect on amended plans and LVIA) Consider that their original comments remain valid. County Council (Highway) - Cromer - No objection subject to conditions. Conservation, Design and Landscape Manager (Landscape) - (Comments in respect on amended plans and LVIA) - Has no objections for the following reasons: Concerns have been raised previously over the scale and siting of the new dwelling within the countryside and the ability of the landscape to absorb the dwelling both visually and in terms of the landscape character. The LVIA recognises the distinctiveness and sensitivity of the landscape, which has a combination of elevated land, long seaward views and a mosaic of heathland landscapes, and notes that it is a „feature‟ landscape of the AONB. However, it also notes that the landholding does not in itself have great intrinsic value. The dwelling has been re-located (from the previous application 14/0785) to inside the curtilage of the existing farmhouse garden, which it could be argued has less of an impact on the wider landscape character due to the closer association with existing buildings. In addition, the application offers a number of landscape mitigation and enhancement opportunities which seek to stitch the proposed dwelling into the wider landscape, softening the impact and re-enforcing the overall landscape character. These include reinstating a mosaic of grassland and heath, regenerating woodland and copses and reinstating former hedgerows. Policy EN1 of the Core Strategy stipulates that development will be permitted where it does not detract from the special qualities of the AONB and seeks to facilitate delivery of the Norfolk Coast AONB Management Plan. Policy EN2 of the Core Strategy is influenced by both the North Norfolk District Council Landscape Character Assessment and the AONB Integrated Landscape Character Guidance, and development proposals should demonstrate that they will protect, conserve and where possible enhance the special qualities and local distinctiveness of the area. The Integrated Landscape Character Guidance produced by the AONB Partnership provides guidance on how to manage change (development) to achieve the overall vision for the AONB. The proposed development has been influenced by this guidance and provides landscape enhancements which will have some minor beneficial improvements for the landscape. As such the development can be seen to accord with Policies EN1 and EN2. Development Committee 9 23 April 2015 With respect to the scale of the building, having a ridge of over 23 metres in length and a height to ridge level of just of 9 metres, the LVIA provides photomontages of key viewpoints and the expected visual impact at 1 and 15 years. The photomontages illustrate that although the height of the building is significant it remains below the landscape horizon, therefore with sympathetic materials the building will not be overly intrusive within the landscape. Furthermore, existing landscape elements (trees, hedging and topography) help screen and integrate the building within the wider landscape setting. It is not therefore considered that the proposed dwelling will have a significantly detrimental visual impact within the landscape. The Landscape Section do not therefore object to the application subject to a condition requiring the provision of a Landscape and Ecological Management plan based on the mitigation and enhancement proposals identified in the LVIA. Conservation, Design and Landscape Manager - (Conservation and Design) – (Comments in respect on amended plans and LVIA) - Has no objections for the following reasons: In terms of siting, locating the building within the existing curtilage is a welcome revision which would obviate any incursion into the wider landscape. Whilst in terms of the building itself, the inspiration for its elevations has come from the threshing barns which populate rural North Norfolk – hence the long ridgeline and the vertically proportioned gables. Although such an approach could be questioned in the absence of an accompanying farmhouse, it is a built form which is familiar within the District and is acceptable in principle. This said, there is an obvious tendency for such buildings to be inherently imposing. That is to some extent reflected in the latest proposals which still incorporate a long unbroken ridgeline and relatively robust elevations. Given the previous concerns over scale and bulk, this is an obvious matter for our consideration. So too is some of the design detailing which, despite the latest revisions made, still does not “faithfully and accurately follow the proportions and detailing that can be found on both farmsteads and in open fields in the area” (6.5.1. of the D&A Statement). Dealing firstly with scale, the main body of the building would sit under a continuous 23 metre long ridge and would provide a floor area of some 526 sq.metres. Given it would also be slightly higher than the core of the previously refused proposal, it would undoubtedly be a substantial proposition and would have a significant presence on site. This said, now armed with the updated photo montages, it becomes clear that this presence would not actually translate into harm being caused to the wider countryside. This is because it would either be seen against a backdrop of trees or ridgelines, or within a much wider layered mosaic of hedging and trees. Certainly it would not be readily visible on the skyline or recurrently viewed at close quarters. No doubt my Landscape colleagues will address these impacts in more detail. In terms of the design, the recent revisions have sought to reinforce the agrarian aesthetic over the domestic. This has resulted in improvements being made to the fenestration and the rear wing which would certainly create a more authentic appearance. This said, the new build can still by no means be billed as a faithful and accurate interpretation of a traditional (converted) threshing barn – this because of its off-centre midstrey, its Juliette balconies and its flat roof staircase (to name but three) which are all features with no real historic precedent. Despite this, however, the combination of the buildings angled siting, and the sort of distances it would generally be viewed from, would largely negate these purist observations. To all intents and Development Committee 10 23 April 2015 purposes it would retain an agricultural outline within the landscape and therefore would not look incongruous. In summary, Conservation & Design remain comfortable with the principle of a replacement dwelling on this site (particularly given its improved siting). We also have no issue with the design of the building moving in a more vernacular direction. Whilst it perhaps remains larger than ideal and still has some contradictions within its elevations, it is not considered that this would result in real harm being caused to the character and appearance of the Glaven Valley Conservation Area. Furthermore, given the large separation distances between the application site and the nearest listed buildings (including Wiveton Church), it cannot be reasonably argued that the new dwelling would harm the setting of any of these heritage assets. English Heritage – No objection on the following grounds - The current proposal is for a new dwelling that is broadly similar to the previously proposal in size, scale and massing, although the ridge line is described as being slightly higher to accord with the proportions of a threshing barn. The footprint of the new building has been moved to within the existing residential curtilage of the property. The most significant change is the architectural approach which takes its inspiration from a traditional threshing barn. This is in contrast to the contemporary approach used in the previous schemes. The design now takes a more traditional approach and uses local vernacular materials. The revised siting of the building brings it closer to the existing built complex. The more traditional architectural approach is less contemporary than earlier versions. However the familiarity of the vernacular language and materials could be said to result in a building which is less assertive in its setting than the previous schemes (although it might be possible to achieve both a contemporary approach and a close affinity with the local context). Environmental Health - No objection to the demolition of the existing dwelling subject to the imposition of appropriate conditions. 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): Rural Residential Conversion Area (HO9) (The site lies within an area where the re-use of an existing good quality building as a dwelling may be permitted). 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 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their Development Committee 11 23 April 2015 setting). 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 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 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. 3. Landscape Impact 4. Impact on heritage assets. APPRAISAL The application was deferred at Committee on 26 March 2015 in order to allow Members to visit the site. The site is situated in the Countryside policy area as defined by the North Norfolk Local Development Framework Core Strategy and is also within the Norfolk Coast Area of Outstanding Natural Beauty and Glaven Valley Conservation Area where Policies SS2, HO8, EN1, EN2, EN4, and EN8 are applicable. Policy SS2 relates to development in the Countryside where development requires a rural location and is for one of a number of types of development, including replacement dwellings. Policy HO8 states that proposals to extend or replace existing dwellings within the area designated as Countryside will be permitted provided that the proposal: would not result in a disproportionately large increase in the height or scale of the original dwelling, and 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 extended or could be extended under permitted development rights, and the prevailing character of the area. For the purposes of this policy „original dwelling‟ means the house as it was built, or as existed on the 1st July 1948, whichever is the later. Policy EN1 states that the impact of individual proposals, and their cumulative effect, on the Norfolk Coast AONB, The Broads and their settings, will be carefully assessed. Development will be permitted where it; Development Committee 12 23 April 2015 is appropriate to the economic, social and environmental well-being of the area or is desirable for the understanding and enjoyment of the area; does not detract from the special qualities of the Norfolk Coast AONB or The Broads; and seeks to facilitate delivery of the Norfolk Coast AONB management plan objectives. Opportunities for remediation and improvement of damaged landscapes will be taken as they arise. Development proposals that would be significantly detrimental to the special qualities of the Norfolk Coast AONB or The Broads and their settings will not be permitted. Policy EN2 requires that development proposals be informed by, and be sympathetic to, the distinctive character areas identified in the North Norfolk Landscape Character Assessment and features identified in relevant settlement character studies. Development proposals should demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance: the special qualities and local distinctiveness of the area (including its historical, biodiversity and cultural character) gaps between settlements, and their landscape setting distinctive settlement character the pattern of distinctive landscape features, such as watercourses, woodland, trees and field boundaries, and their function as ecological corridors for dispersal of wildlife visually sensitive skylines, hillsides, seascapes, valley sides and geological features nocturnal character the setting of, and views from, Conservation Areas and Historic Parks and Gardens. Policy EN4 requires that all development will be designed to a high quality, reinforcing local distinctiveness. Innovative and energy efficient design will be particularly encouraged. Design which fails to have regard to local context and does not preserve or enhance the character and quality of an area will not be acceptable. Development proposals, extensions and alterations to existing buildings and structures will be expected to: Have regard to the North Norfolk Design Guide; Incorporate sustainable construction principles contained in policy EN6; Make efficient use of land while respecting the density, character, landscape and biodiversity of the surrounding area; Be suitably designed for the context within which they are set; Retain existing important landscaping and natural features and include landscape enhancement schemes that are compatible with the Landscape Character Assessment and ecological network mapping; Ensure that the scale and massing of buildings relate sympathetically to the surrounding area; Make a clear distinction between public and private spaces and enhance the public realm; Incorporate footpaths, green links and networks to the surrounding area; Ensure that any car parking is discreet and accessible; and Where appropriate, contain a variety and mix of uses, buildings and landscaping. Development Committee 13 23 April 2015 Policy EN8 states that development proposals should preserve or enhance the character and appearance of designated assets, (in this case the Glaven Valley Conservation Area), and other important historic buildings, structures, monuments and landscapes, and their settings through high quality, sensitive design. Development that would have an adverse impact on their special historic or architectural interest will not be permitted. Furthermore, the character and appearance of Conservation Areas will be preserved, and where possible enhanced, and, in consultation with all relevant stakeholders, area appraisals and management plans will be prepared and used to assist this aim and to encourage the highest quality building design, townscape creation and landscaping in keeping with the defined areas. In addition, the following paragraphs of the National Planning Policy Framework, (March 2012) are considered to be relevant. Paragraph 60 - 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 115 - Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are important considerations in all these areas, and should be given great weight in National Parks and the Broads. Paragraph 132 - When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset‟s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional. Paragraph 134 - Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use. Paragraph 137 - Local Planning Authorities should look for opportunities for new development within Conservation Areas and World Heritage Sites and within the setting of heritage assets to enhance or better reveal their significance. Proposals that preserve those elements of the setting that make a positive contribution to or better reveal the significance of the asset should be treated favourably. Principle of development At the present time the site is occupied by the existing bungalow, which has an overall footprint of some 160 sq. metres, including the conservatory and is situated close to the entrance off the Saxlingham Road. Under The Town and Country Planning (General Development Committee 14 23 April 2015 Permitted Development ) Order 2008 a single storey extension of 72 sq. metres (18 metres x 4 metres) could be added to the rear of this property which would give a total footprint of some 232 sq. metres. Whilst adjacent to the northern entrance to the site is a single storey rectangular barn of asbestos and steel sheeting which is used for garaging/storage which has a footprint of 142 sq. metres, giving a total potential domestic footprint of 374 sq. metres. Whilst further east along the north boundary are three holiday cottages, which are to be retained, beyond which is a more modern open fronted barn of asbestos and steel cladding which has a footprint of 246 sq. metres. In addition, there are other buildings within the site including a summer house, and Polly tunnels and greenhouses, which along with the barn would be removed as part of the scheme. In contrast the proposed dwelling would have a footprint of 260.26 sq. metres. Whilst it would have an internal habitable floor area of 445.61 sq. metres spread over a lower, upper ground floors and first floor. In addition, an integral double garage is proposed which has a floor area of 44.21sq. metres giving a total floor area of 489.82 sq. metres. Schedule of floor areas:Existing dwelling including garaging and ancillary storage Existing bungalow (including conservatory) Possible extension under Permitted Development Rights (original dwelling) Detached garaging and ancillary storage within barn closest to dwelling Total Footprint 2 160.0 m 72.0 m 2 142.0 m 2 374.0 m 2 Floor area 2 116.60 m 64.72 m 130.0 m 311.32 m 2 2 2 Proposed dwelling including garaging Footprint 2 260.26 m Proposed dwelling including integral garage Floor area 2 Lower ground floor Upper ground floor (including balcony) First floor Double garage 182.24 m 2 208.73.m 2 54.64 m 2 44.21 m 260.26 m2 Total 489.82m2 Net increase in floor area compared to existing dwelling, including double garage 178.50 m2 As far as Policy HO8 is concerned this makes no reference to the need for the replacement dwelling to either be on the same footprint as the existing property or for it to be in close proximity or indeed within the immediate curtilage. Instead, the policy concentrates on whether the replacement would result in a disproportionately large increase in the height or scale of the original dwelling, and whether it would materially increase the impact of the dwelling on the appearance of the surrounding countryside. In addition, the Policy makes allowances for the fact that the existing dwelling could be extended under Permitted Development Rights. Development Committee 15 23 April 2015 In terms of the increase in scale of the proposed dwelling, based solely on the net increase in floor area of some 178.50 sq. metres, on balance this is not considered to be excessive and would not provide grounds to refuse the application. Whilst in respect of the height of the proposed dwelling, due to variations in levels across the site the intention is that in places the existing ground level would be lowered between 0.46 metres and 1.85 metres. The effects of these site works would mean that the slab of the proposed dwelling would effectively be just over a metre lower than the ground level adjacent to the bungalow. This in turn would mean that the main body of the building, which has a ridgeline some 23 metres in length, and an overall height of 9.26 metres would in effect only be 2.87 metres higher than that of the existing property whilst the rear wing and front projection would be approximately 2.28 metres higher. It is therefore considered that whilst the massing of the building would clearly be greater than that of the bungalow the finished height of the proposed dwelling in the landscape would not be significantly more. Turning to the second criteria although the position chosen for the dwelling would be some 40 metres further to the east than the existing property it would be within its curtilage. Furthermore, the fact that the ground level in this area is slightly lower coupled with the proposed further reduction in ground level would mitigate against any increase in the visual impact of the dwelling. The photomontages submitted as part of the Landscape and Visual Impact Appraisal prepared by Sheils Flynn, Chartered Landscape Architects, illustrate that when viewed from two viewpoints, 1.6 metres above ground level along the Langham Road, referred to as 5 and 6 to the east of Wiveton Downs, the closet point to the site of which is approximately 580 metres, although the upper half of the dwelling would visible it would be seen against the backdrop of woods to the west of the site, or masked by a coppice of trees. Whilst from viewpoint 4, the closest to the site at 402 metres, views of the site through a gateway in the roadside hedge would be masked by the coppice of trees in the middle of the field. However between viewpoints 4 and 5, some 450 metres from the site, it is possible that the upper half of the roof of the main body of the building would be seen against the sky line above the roadside and field hedges. Whilst further to the east towards Wiveton any views of the site would be interrupted by roadside and field hedges. The photomontages therefore illustrate that although the height of the building is significant it remains predominantly below the landscape horizon, therefore with a sympathetic palette of materials, which include red clay Norfolk pantiles to the roof together Norfolk red brick, flint and natural timber boarding to the walls, the building would not be overly intrusive within the landscape. Furthermore, existing landscape elements (trees, hedging and topography) help screen and integrate the building within the wider landscape setting. Therefore in terms of Policy HO8 it is considered that on balance the proposal would not result in a disproportionately large increase in the height or scale of the original dwelling or materially increase the impact of the dwelling on the appearance of the surrounding countryside. Design As far as the design of the dwelling is concerned, the inspiration for its elevations has seemingly come from the threshing barns which populate rural North Norfolk, hence the long ridgeline and the vertically proportioned gables. Although such an approach could be questioned in the absence of an accompanying farmhouse, it is a built form which is familiar within the District and is acceptable in principle. This said, there is an obvious tendency for such buildings to be inherently imposing. That is to some extent reflected Development Committee 16 23 April 2015 in the latest proposals which incorporate a long unbroken ridgeline, 23 metres long and relatively robust elevations. However the new build cannot be seen as a faithful and accurate interpretation of a traditional (converted) threshing barn, because of its off-centre midstrey, Juliette balconies and its flat roof staircase which are all features with no real historic precedent. Despite this, the combination of the buildings angled siting, and the sort of distances it would generally be viewed from would largely negate these features and to all intents and purposes the building would retain an agricultural outline within the landscape and therefore would not look incongruous. This view has been supported by the Council‟s Conservation and Design Section who have indicated that they have no issue with the building‟s design moving in a more vernacular direction and that whilst perhaps remaining larger than ideal the amended scheme is acceptable. Landscape Impact As far as the impact on the wider landscape the Landscape and Visual Impact Appraisal, which has been prepared in accordance with recognised standards and guidelines, suggests that the landscape of the site does not have a particularly significant inherent value; however it is located within a highly distinctive and sensitive landscape, of exceptional visual and ecological value. The combination of elevated land, long seaward views and the mosaic of a heathland landscape makes the site and surrounding landscape one of the feature landscapes of the AONB. However, it also notes that the landholding does not in itself have great intrinsic value. The visual assessment notes that the zone of potential visual impact is restricted to the immediate surrounds of the site on the western, northern and eastern flanks, as views from the south are restricted by the presence of the esker. In general views are limited to those from the public highway and some rights of way, mainly through gaps in hedgerows and field accesses. The majority of views of the proposed building will be seen against the backdrop of land, with the only view of the building above the skyline from the Wiveton/Langham road. The LVIA concludes that many of the visual effects of the development will be absorbed by the complex elements of the landscape – topography, trees, copses and hedgerows, and that views of the development will be transitory as glimpses are gained from field accesses and gaps in hedgerows. It is also proposed that in time, once landscape planting has established, short distance views of the building will be reduced further. Compared to the previous scheme it is proposed that the dwelling would be within the curtilage of the existing farmhouse garden, which due to its closer association with existing buildings, would result in the building having less impact on the wider landscape character. Policy EN1 of the Core Strategy stipulates that development will be permitted where it does not detract from the special qualities of the AONB and seeks to facilitate delivery of the Norfolk Coast AONB Management Plan. Policy EN2 of the Core Strategy is influenced by both the North Norfolk District Council Landscape Character Assessment and the AONB Integrated Landscape Character Guidance, and development proposals should demonstrate that they will protect, conserve and where possible enhance the special qualities and local distinctiveness of the area. The Integrated Landscape Character Guidance produced by the AONB Partnership provides guidance on how to manage change (development) to achieve the overall vision for the AONB. The proposed development has been influenced by this guidance and provides landscape enhancements which seek to stitch the proposed dwelling into the wider landscape, softening the impact and re-enforcing the overall landscape character. These include Development Committee 17 23 April 2015 reinstating a mosaic of grassland and heath, regenerating woodland and copses and reinstating former hedgerows and would it is considered have result in some minor beneficial improvements for the landscape. As such the development can be seen to accord with Policies EN1 and EN2. The Landscape Section therefore do not object to the application subject to a condition requiring the provision of a Landscape and Ecological Management plan based on the mitigation and enhancement proposals identified in the LVIA. Impact on heritage assets In terms of the potential impact on heritage assets, in addition to the site being within the Glaven Valley Conservation Area, the other principle assets in the area are the Parish Churches of, Blakeney, Wiveton and Cley-next-the-Sea, which are grade I listed buildings. St. Nicholas Church, Blakeney is situated on higher ground some 1.0 km to the north east and the upper half of the tower is visible from the site above trees at Howe Hill. Whilst St Mary‟s Church, Wiveton and St. Margaret's Church, Cley-next-the-Sea are set in the valley bottom north north-east of the site approximately 1.35 km and 1.9 km away respectively. In considering the application, the Committee is required by sections 66(1) and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA Act 1990) to pay "special attention" to the "desirability of preserving" the setting of listed buildings, and the character and appearance of conservation areas. This means that the desirability of preserving the settings of listed buildings and the character and appearance of conservation areas are not mere material considerations to which any weight can be attached. When a local authority finds that a proposed development would harm the setting of a listed building or the character or appearance of a conservation area, it must give that harm considerable importance and weight. When approaching the site from the east along Bridgefoot Lane the village of Wiveton and the parish church are seen in the foreground, as indicated from the photomontage, Viewpoint 10, with the site itself some 2.5 km beyond being seen against the backdrop of rising ground and the tree line beyond. Whist the upper half of the tower of Blakeney church is visible in above trees some distance to the northwest. From this direction given the distance involved, together with intervening features and the recessive nature of the proposed materials it is not considered that the proposed dwelling would have a significantly harmful impact on either of the setting of these churches or indeed the wider Glaven Valley Conservation Area. Whilst in respect of the view from Church Lane, Cley-next-the-Sea, some 2.3 km from the site, although the site would be seen in the context of both the Parish Churches of Wiveton and Cley-next-the-Sea which are in the foreground, given the distance involved and the fact that the dwelling would be seen against rising ground it is not considered that the proposal significantly affect these listed buildings or their setting. Whilst closer to the site from the Wiveton Road, just to the south of The Old Rectory there would be a fairly open view of the site just to the south of Rubbery Hill. From here the site would be some 700 metres, to the south west with the dwelling itself seen both in its landscape setting and against the backdrop of trees. Whilst it is accepted that the dwelling from this location would be visible in the landscape it is considered that it would not have a significantly adverse impact on the setting of the Glaven Valley Conservation Area and any harm has to be weighed against the general site improvements. The Council‟s Conservation and Design Section have indicated that they consider that the development would result in no real harm being caused to the character and appearance of the Glaven Valley Conservation Area, other heritage assets (including Development Committee 18 23 April 2015 Wiveton church) and the wider countryside and as such would accord with the requirements of Core Strategy Policy EN4, EN8 and NPPF Paragraphs 132 and 134. This view is supported by English Heritage. Summary The application has raised a considerable amount of concern primarily in relation to the proposed re-siting of the dwelling, its scale, massing and design and its impact on the appearance of the Area of Outstanding Natural Beauty and the character and appearance of the Glaven Valley Conservation Area and that it could set a precedent for other similar developments. Whilst these concerns are fully understood they have to be balanced against the relevant Development Plan policies and guidance contained in the National Planning Policy Framework together with responses from statutory and other consultees. Based on these considerations although the proposed dwelling would not be on the same footprint as the dwelling it would replace this is not a policy requirement providing the dwelling would not result in a disproportionately large increase in the height or scale of the original dwelling and materially increase its appearance on the surrounding countryside. When taking into account the size of the existing dwelling, together with garaging and storage and the level of additional accommodation which could be provided under Permitted Development Rights it is not considered that the proposed dwelling would result in a significant increase in scale. Whilst due to its proposed siting on lower ground and a reduction in site levels overall ridge height would not be significantly higher than the dwelling it would replace. Furthermore, whilst it is conceded that from close to the site to the east it is possible that the upper half of the roof of the dwelling might be seen against the skyline, from other vantage points to the east and north east of the site it would be seen again the backdrop of rising ground and trees beyond. As a result, subject to the use of recessive materials on balance it is considered that the dwelling would not detract from the special qualities of the AONB and would not harm the character and appearance of the Glaven Valley Conservation Area or other heritage assets. It is therefore considered that the scheme as proposed would accord with Development Plan policy. RECOMMENDATION: Approve subject to the imposition of appropriate conditions, including the submission of a landscape and ecological management plan, removal of permitted development rights and precise details of the materials to be used in the construction of the dwelling. 2. BLAKENEY - PF/14/1658 - Erection of 3 two-storey detached dwellings and new vehicle access for plot 2; Land Adjacent to Poppyland, Back Lane for Mr and Mrs Crawley Minor Development - Target Date: 11 February 2015 Case Officer: Miss S Tudhope Full Planning Permission CONSTRAINTS Unclassified Road Conservation Area Residential Area Development Committee 19 23 April 2015 Settlement Boundary Tree Preservation Order - Consultation Area Area of Outstanding Natural Beauty RELEVANT PLANNING HISTORY PLA/19791934 HR - Access to plots A, C and D As indicated on plan 361/1 Approved 25/02/1980 PLA/19872408 PF - Erection of detached garage to serve existing dwelling Approved 03/02/1988 (Poppyland) PLA/19781982 PF - Erection of dwelling & garage Approved 18/06/1979 (Poppyland) PLA/19790290 HR - Erection of house and garage Approved 18/06/1979 (Moonraker) PLA/20081212 PF - Erection of two-storey dwelling and garage Refused 10/02/2009 (Plot 3) PF/10/0897 HOU - Erection of ground and first floor extensions Approved 24/09/2010 (Moonraker) THE APPLICATION The proposal seeks the erection of 3 two storey dwellings, each with the first floor accommodated within the roofspace. Two accesses are proposed; one is an existing access, which serves an existing dwelling situated east of plot 2 and south of plot 3, with extant consent to serve the 3 plots. However the proposal seeks to serve plots 1 and 3 from the existing access and proposes a new access to serve plot 2. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr. Brettle for the following planning reasons: Highway safety Neighbour impact PARISH Object – concerns over the lack of visibility due to the splay from the existing road not being good enough for yet more traffic; as per Policy EN4, concerns with the amount of overshadowing Plot 1 will have on the neighbouring property, „Moonrakers‟, which will affect the residential amenity of this property. REPRESENTATIONS 12 objections have been received on the following grounds: 1. Road safety Increased traffic Narrow one-way road on a hill Severe bend where plan proposes making an exit Significant drop in level onto the road further reducing the view line of cars exiting onto the road and of traffic coming up or down the road Back Lane has become a „rat run‟ for traffic trying to avoid the High Street and carries more traffic than it should; cars and lorries Owing to existing infill there are already at least 60 plus properties exiting onto this lane If Back Lane had a one-way system there would be no need for objection The 34 year old consent is hardly appropriate for today‟s conditions and needs to be revisited All plots should use the existing access rather than creating an additional one for plot 2 Increased risk to serious accident occurring (lots of pedestrian traffic but no Development Committee 20 23 April 2015 pavement) I would like it put on record that if the Council allow it [the access to plot 2] to go ahead as presently contemplated, the Council would be negligently contributively responsible for any accidents that results 2. Reduction and disruption of existing wildlife 3. Overdevelopment – realistic approach would involve 2 plots 4. Application may be opportunity to obtain planning gain by an undertaking from the developer to pay for two speed machines which notify speed of vehicles (20 mile an hour largely ignored) 5. Chalet bungalows with velux windows does not conform to the guidance in the Blakeney Village Design Statement 6. Density – proposal substantially increases the housing density in the vicinity and is on close proximity to the neighbours 7. Loss of trees and wild flowers 8. Developers appear to be motivated solely by maximum return on investment to the detriment of more important considerations 9. Plot 3 boundary will sit only 1.5m from the common boundary and approximately only 4.5m from the south boundary of my property (North Lea) 10. Height and proximity (plot 3) will dominate and overlook North Lea 11. Restrict light to south of North Lea including south facing windows 12. Impact noise and loss of privacy to North lea (property and garden) 13. No contribution to affordable housing 14. Woodland should be protected; I have observed in the space where development proposed: greater-spotted woodpecker, tree-creeper, bats, wren, goldcrest, song thrush, dunnock, long-tailed tit, coal tit, sparrow, blue tit, great tit, tawny owl, sparrow hawk, blackbird, black-cap, chiffchaff, snipe, woodcock 15. Plot 1 will block light to my [Moonraker] south facing windows 16. Plot 1 is so close to my fence my privacy will be invaded 17. It is time to stop building large two storey second home for the absent rich 18. Wooden single storey chalets would be preferable – eco-friendly, not block others‟ light, affordable, see Kelling Heath website CONSULTATIONS County Council (Highways): No objection – subject to satisfaction that the 1980 consent is extant and imposition of requested conditions English Heritage: No comments – our specialist staff have considered the information received and English Heritage do not wish to offer any comments on this occasion. Conservation, Design & Landscape Manager (Design) : No objection for the following reasons: It is understood the principle of development was established and implemented back in the 1980s; the scale and design of the three dwellings proposed is considered compatible with the form and character of the immediate area, and my Landscape colleague has confirmed that he dwellings could be slotted in amongst the existing trees without detriment to the wooded setting. Therefore, subject to securing sympathetic, good quality materials/finishes, it is considered that the proposed scheme would not harm this part of the Blakeney Conservation Area. Conditions requested. Conservation, Design & Landscape Manager (Landscape): No objection subject to imposition of requested conditions Historic Environment Service: If planning permission is granted, we ask that this be subject to a condition for a programme of archaeological work in accordance with National Planning Policy Framework (2012), para 141. Development Committee 21 23 April 2015 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 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). Policy EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). 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 9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). Policy HO 2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). 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 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). MAIN ISSUES FOR CONSIDERATION 1. Principle of development 2. Highway safety 3. Neighbour impact APPRAISAL The site is located within the development boundary for Blakeney and is also within the Conservation Area and Norfolk Coast Area of Outstanding Natural Beauty. In principle the erection of new dwellings as proposed is acceptable under Policy SS3 subject to complying with other Core Strategy policies including EN1, EN2, EN4 and EN8. Policy EN1 requires that development does not detract from the special qualities of the Norfolk Coast AONB, Policy EN2 requires development to protect, conserve and where Development Committee 22 23 April 2015 possible enhance the special qualities and local distinctiveness of the area including the pattern of distinctive landscape features such as woodland and trees. Policies EN4 and EN8 require that all development be designed to a high quality, reinforcing local distinctiveness. Innovative and energy efficient design will be particularly encouraged. Developments should preserve or enhance the character and appearance of designated assets, in this case the Blakeney and Glaven Valley Conservation Areas. Furthermore proposals should not have a significantly detrimental effect on the residential amenity of nearby occupiers and new dwellings should provide acceptable residential amenity for future occupiers. The proposal seeks the erection of 3 two storey dwellings, each with the first floor accommodated within the roofspace. Two accesses are proposed; one is an existing access, which serves an existing dwelling situated east of plot 2 and south of plot 3, with extant consent to serve the 3 plots. However the proposal seeks to serve plots 1 and 3 from the existing access and proposes a new access to serve plot 2. The Highway Authority has no objection to the proposal given that there is extant consent for the access to serve the 3 plots. Policy HO2 would previously have required not less than 50% of a development (of 2 or more units) to be affordable housing. However, the Government has subsequently made changes to the National Planning Policy Framework including in respect of the threshold of affordable housing. The national threshold is now 10 or more dwellings. This is a material consideration and this has been adopted by the Council following referral of a report to the Planning Policy & Built Heritage Working Party in January this year. No affordable housing is required therefore in respect of this proposal. The applicant sought pre-application advice in relation to the design of the buildings and in particular the siting of them given the woodland nature of the site. The layout has been designed to accommodate the character of the area and the Council‟s Landscape Officer has advised that although several trees will have to be removed to facilitate development a comprehensive landscape and planting scheme will assist in restoring the character of the tree cover lost. It has been further advised that as the properties would be part of a woodland, in the event of any approval, the developer should market the development as wooded properties. The un-shaded areas of garden are very close to the minimum guidelines but should be acceptable to new residents as they would clearly be wooded properties. Appropriate maintenance of the trees would be acceptable under Conservation Area Guidelines. The Council‟s Conservation & Design Officer provided pre-application advice and has advised that the scale and design of the proposed dwellings is considered compatible with the form and character of the immediate area subject to the imposition of conditions relating to prior agreement of materials, on any approval. The Parish Council has objected to the proposal on highway safety grounds and impact on a neighbouring property. 12 letters of objection have also been received (see above) largely on highway safety grounds and impact on neighbouring properties (Moonraker and North Lea which are situated to the northern boundary of the site) in terms of overshadowing, loss of light and privacy. It is considered that in the absence of an objection from the highway authority any refusal on highway safety grounds would be difficult to reasonably justify. In terms of impact on the neighbouring properties plot 2 (south of the site) is considered to sit comfortably within the site and would meet the basic amenity criteria for separation distances with both existing and proposed dwellings. It is considered that the proposed detached garage for plot 2 would not introduce any significant detriment to the Development Committee 23 23 April 2015 amenities of the neighbouring property to the south. Plot 1 would present to the southern boundary of adjacent property Moonraker a 7m wide gable with a ridge height of approximately 8m, and a ridge line of approximately 6.9m high extending either side of that gable giving a total width of approximately 11.5m (at that 6.9m ridge height). A single storey (ridge height 3.5m) element is also proposed here with a width of 5m. This northern elevation would be situated approximately 1m from the boundary and approximately 9.2m from the southern elevation of Moonraker. Three windows are proposed to this elevation (within the gable element), two at ground floor to serve as secondary kitchen and dining area windows and one at first floor to serve an en-suite. At ground floor there would be an intervening feature of a close boarded fence (approximately 1.8m high) and the en-suite could be obscure glazed. With a separation distance of 9m between the proposed and Moonraker it is considered that in this aspect the proposal meets the basic amenity criteria (BAC) set out in the North Norfolk Design Guide and would not therefore give rise to any significantly detrimental loss of privacy. In terms of overbearing impacts and overshadowing it is considered that currently the majority of the rear garden of Moonraker falls within the shade pattern of significant trees of proposed plot 1 and would largely continue to do so, given the number of trees to be retained. With this in mind and with the design of the proposed dwelling it is considered that the proposed gable and stepped down ridge heights would not result in significantly detrimental loss of light or overbearing impacts. In addition the proposed dwelling would be protected from overlooking from Moonraker and is therefore considered to provide acceptable levels of private amenity space for future occupiers. In respect of Plot 3, a single storey gable would be within approximately 2m of the boundary with North Lea which is a one and a half storey dwelling with a ridge height of approximately 7.3m. North Lea has 3 ground floor, high level windows (one obscure glazed) to its south elevation which is approximately 2m from the boundary. It is therefore considered that in relation to the single storey element of the proposed dwelling the BAC would be met. A two storey gable element would be approximately 6m from North Lea with a small en-suite window proposed at first floor level. This could be obscure glazed and would in any case also meet the BAC. Windows to a stairwell are also proposed which would face towards North Lea, again the separation distance of over 9m more than complies with BAC. In addition in terms of overbearing impacts and overshadowing it is considered that due to the design of the proposed dwelling, with differing ridge heights and gable ends facing North Lea, no significant detrimental impact on the amenities of this neighbour would be introduced by this proposal. A beech hedge runs along the boundary between the site and North Lea and this is proposed to be retained and reinforced. Notwithstanding the objections raised, given the above it is considered that the proposal complies with the policies of the development plan and is therefore recommended for approval. RECOMMENDATION: APPROVE subject to the imposition of specific conditions listed below: And all other conditions considered to be appropriate by the Head of Planning, including obscure glazing to the first floor en-suite windows on plots 1 and 3. 1. The development to which this permission relates shall be undertaken in strict accordance with the submitted and approved plans, drawings and specifications. Development Committee 24 23 April 2015 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. Prior to the first occupation of the development hereby permitted the vehicular access shall be provided and thereafter retained at the position shown on the approved plan (drawing number 14.3379.076/01/F) in accordance with the highway specification (Dwg. No. TRAD5). In addition arrangement shall be made for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway carriageway. Reason: To ensure satisfactory access into the site and avoid carriage of extraneous material or surface water from or onto the highway, in accordance with Policy CT 5 of the adopted North Norfolk Core Strategy. 3. The gradient of the vehicular access shall not exceed 1:12 for the first 5 metres into the site as measured from the near channel edge of the adjacent carriageway. Reason: In the interests of the safety of persons using the access and users of the highway, in accordance with Policy CT 5 of the adopted North Norfolk Core Strategy. 4. Prior to the first occupation of the development hereby permitted a visibility splay shall be provided in full accordance with the details indicated on the approved plan. The splay shall thereafter be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the adjacent highway carriageway. Reason: In the interests of highway safety, in accordance with Policy CT 5 of the adopted North Norfolk Core Strategy. 5. Prior to the first occupation of the development hereby permitted the proposed access, on-site car parking and turning areas shall be laid out, levelled, surfaced and drained in accordance with the approved plan and retained thereafter available for that specific use. Reason: To ensure the permanent availability of the parking manoeuvring area, in the interests of highway safety, in accordance with Policy CT 6 of the adopted North Norfolk Core Strategy. 6. Notwithstanding the details indicated on the submitted drawings no works shall commence on site until a detailed scheme for the off-site highway improvement works, in connection with the existing access, as indicated on drawing number 14.3379.076/01/F have been submitted to and approved in writing by the Local Planning Authority in consultation with the Highway Authority. Reason: To ensure that the highway improvement works are designed to an appropriate standard in the interest of highway safety and to protect the environment of the local highway corridor, in accordance with Policy CT 5 of the adopted North Norfolk Core Strategy. Development Committee 25 23 April 2015 7. Prior to the first occupation of the development hereby permitted the off-site highway improvement works referred to in condition number 6 shall be completed to the written satisfaction of the Local Planning Authority in consultation with the Highway Authority. Reason: To ensure that the highway network is adequate to cater for the development proposed, in accordance with Policy CT 5 of the adopted North Norfolk Core Strategy. 8. The development hereby approved shall be carried out in strict accordance with the Arboricultural Method Statement and Tree Protection Plan prepared by Mike Houldsworth dated 5 December 2014 and received by the Local Planning Authority on 17 December 2014. The planting proposals specified in 5.2 Planting Schedule shall be carried out to the satisfaction of the Local Planning Authority not later than the next available planting season following the commencement of development or such further period as the Local Planning Authority may allow in writing. Reason: In order to protect trees on the site, in accordance with the requirements of Policy EN 4 of the adopted North Norfolk Core Strategy. 9. No tree, shrub or hedgerow which is indicated on the approved plan to be retained shall be topped, lopped, uprooted, felled or in any other way destroyed, within ten years of the date of this permission, without the prior consent of the Local Planning Authority in writing. Reason: To protect and enhance the visual amenities of the area, in accordance with the requirements of Policy EN 4 of the adopted North Norfolk Core Strategy 10. Any new tree or shrub which within a period of ten years from the date of planting dies, is removed or become seriously damaged or diseased, shall be replaced during the next planting season with another of a similar size and species to the Local Planning Authority's satisfaction, unless prior written approval is given to any variation. Reason: To protect and enhance the visual amenities of the area, in accordance with the requirements of Policy EN 4 of the adopted North Norfolk Core Strategy. 11. All new trees shall be planted in strict accordance with BS 8545: trees from nursery to independence in the landscape. The planting scheme should be included in the arboricultural supervision. Reason: To protect and enhance the visual amenities of the area, in accordance with the requirements of Policy EN 4 of the adopted North Norfolk Core Strategy. 12. Prior to their use on site, brick samples shall be submitted to and approved by the Local Planning Authority in writing. The development shall then be constructed in full 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 Development Committee 26 23 April 2015 accordance with Policy EN 4 of the adopted North Norfolk Core Strategy and Chapter 10 of the North Norfolk Design Guide. 13. Prior to commencement of the development hereby permitted a sample panel of flintwork shall be prepared, submitted to and agreed in writing by the local Planning Authority. The panel shall be not less than 1 square metre in size and shall not contain any flints with a diameter of over 125mm when measured in any direction. The development shall then be constructed in full accordance with the approved sample. 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. 14. Prior to their application, a full schedule of colour finishes to be used on the approved windows, doors and boarding shall be submitted to and approved in writing by the Local Planning Authority. The finishes shall then be applied only 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. 15. A) No development shall take place until a Written Scheme of Investigation has been submitted to and approved by the local planning authority in writing. The scheme shall include an assessment of significance and research questions; and 1. The programme and methodology of site investigation and recording 2. The programme for post investigation assessment 3. Provision to be made for analysis of the site investigation and recording 4. Provision to be made for publication and dissemination of the analysis and records of the site investigation 5. Provision to be made for archive deposition of the analysis and records of the site investigation 6. Nomination of a competent person or persons/organisation to undertake the works set out within the Written Scheme of Investigation B) No development shall take place other than in accordance with the Written Scheme of Investigation approved under part (A) of this condition. C) The development shall not be occupied until the site investigation and post investigation assessment has been completed in accordance with the programme set out in the Written Scheme of Investigation approved under part (A) of this condition. and the provision to be made for analysis, publication and dissemination of results and archive deposition has been secured. A brief for the works can be obtained from Norfolk County Council Historic Environment Service on request. Reason: In the interests of recording and preserving items of archaeological interest, in accordance with Policy EN 8 of the adopted North Norfolk Core Strategy. Development Committee 27 23 April 2015 3. BLAKENEY - PF/15/0070 - Conversion of existing detached two-storey dwelling into 2 apartments, including construction of dormer window and erection of 6 two-storey dwellings, creation of new access and installation of air source heat pumps.; Greencroft House, 22 Morston Road for London and Country Homes (Blakeney) Ltd Minor Development - Target Date: 27 March 2015 Case Officer: Miss J Medler Full Planning Permission CONSTRAINTS Residential Area Norfolk Coast Area Outstanding Natural Beauty and The Broads RELEVANT PLANNING HISTORY PLA/19870509 PF - Enclosed swimming pool Approved 22/06/1987 PLA/19950605 PF - Erection of boundary walls and piers at existing drive entrance Approved 26/05/1995 PLA/19970266 PF - Erection of conservatory Approved 04/04/1997 THE APPLICATION Is for the conversion of the existing dwelling into 2no. apartments, including the construction of a dormer window and erection of 6no. two storey dwellings and creation of new access. The proposal would provide 4no. two bedroom houses and 4no. three bedroom dwellings through a mix of dwelling styles that include two pairs of semi-detached houses, two detached one and a half storey dwellings and two apartments. Proposed materials would consist of red brick, flint, clay pantiles and Marley Eternit cladding. A 1.5m high flint and brick wall is also proposed along the roadside frontage. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Brettle having regard to the following planning issue(s): 1. Overdevelopment 2. Impact upon character of area Also deferred at the last meeting for a Committee site visit. PARISH COUNCIL No objection subject to the brickwork to the properties at the rear of the plot being sympathetic and in keeping with the main house and a tree planting scheme should be included in order to replenish the vast amount of trees which were felled ahead of this application being submitted. REPRESENTATIONS Ten letters of objection have been received from local residents raising the following points: 1. Loss of trees Development Committee 28 23 April 2015 2. Risk of flooding 3.Overdevelopment 4. Highway safety issues 5. Increase in traffic 6. Additional strain to the mains sewer system 7. Loss of views 8. Already enough development in this area 9. Existing property would be spoilt by this proposal 10. Overlooking from Plot 7 to neighbour 11. Loss of light 12. Concerns over additional use of access track 13. Increase in noise 14. Design does not contribute to the Area of Outstanding Natural Beauty 15. Concerns over loss of wall to rear of site. 16. Not in keeping with the Blakeney village history and preservation 17. Lack of infrastructure 18. Reduction in pedestrian safety 19. Overbearing 20. Proposal would have a significant adverse visual impact on the character of the neighbourhood 21. Out of scale and character compared with existing developments in the area 22. Would erode sense of place currently provided by visual links to the salt marshes 23. Concerns over height of properties 24. Should comply with affordable housing, sustainability and suitability for disabled living requirements. CONSULTATIONS County Council Highway Authority - The site has been the subject of informal advice regarding the suitability of the existing accesses and the design of the current proposal, which now provides parking and garaging in accordance with current requirements, an improved access onto Morston Road with acceptable visibility splays and notes a frontage footpath/crossing area, which would be subject to a safety audit, to ensure that the scale and extents of the footpath and position of any crossing point is appropriate in relation to road users safety and to the scale of the development. I am able to comment that in relation to highways issues only, that Norfolk County Council has no reason to resist the grant of consent. Conditions would be required regarding improvements to vehicular access, no gates, bollards, chain or other means of obstruction shall be erected across the approved access, visibility splays, access, car parking, off site highway improvement works. Environmental Health - Awaiting comments regarding air source heat pumps. Landscape - It is disappointing that mature trees were felled prior to an application being submitted. The trees had amenity value and could have been incorporated into the development to provide an instant quality landscape that would have financial as well as amenity value. The replacement planting indicated on the plans is considered insufficient to replace the amenity lost. However, subject to an improved landscaping plan the proposal could be acceptable. Should the application be approved conditions are required in relation to submission of a landscaping scheme, retention of existing trees, replacement of new trees and shrubs. 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. Development Committee 29 23 April 2015 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 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy HO 1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). Policy HO 2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). 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 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. Density 3. Dwelling mix and type 4. Design 5. Relationship to neighbouring dwellings 6. Affordable housing 7. Impact on Area of Outstanding Natural Beauty 8. Landscape Impact 9. Highway safety 10. Air source heat pumps APPRAISAL The Committee will be familiar with this application having carried out a recent site visit. 1. Principle of Development The site is located within the Residential Policy Area of Blakeney where new residential development is acceptable in principle providing it accords with other relevant Core Strategy policies. The proposal to retain the existing dwelling on the site and sub-divide it into two dwellings, and erect six new dwellings is therefore acceptable in principle in this location. Development Committee 30 23 April 2015 2. Density Policy HO7: Making the Most Efficient Use of Land (Housing Density) of the Core Strategy states that in Coastal Service Villages the aim of the Council is to seek a density of housing that should be no less than 30 dwellings per hectare. This is provided that the density of any such proposal is developed in a manner that protects or enhances the character of the area. In this case the application site consists of one large three storey property which has been unsympathetically extended, set within large grounds. The existing dwelling is set back into the rear of the site with the gardens primarily to the front. Directly to the west of the site is a row of terraced cottages. There is a footpath between the site and the rear gardens of the terraced cottages providing rear access to these properties. To the north are detached and semi-detached cottages, and to the east and south are a mixture of single storey, one and a half storey and two storey detached dwellings. The plot sizes for the surrounding neighbouring properties varies. The density of the terraced cottages directly to the west is approximately 39 dwellings per hectare which exceeds the 30 dwellings per hectare aim for in the Core Strategy. However, given that they are terrace dwellings a higher density is to be expected. The detached and semi-detached properties to the north west and north of the site equate to approximately 22 dwellings per hectare. To the east, at Pye's Close, the density equates to 14 dwellings per hectare and to the south of the site approximately 8 dwellings per hectare. Given the size of the application site and that the proposal is for eight dwellings this equates to a density of 38 dwellings per hectare being proposed on the site. This is higher than the 30 dwelling per hectare policy aim. However, in applying the District Council's 30 dwellings per hectare density requirement for this location this would equate to 6.3 new dwellings being constructed on the site. Given that six new dwellings are proposed to be constructed and the existing dwelling converted into two dwellings it is not considered that the density proposed for this site would be significantly out of keeping with that of the requirements of the policy or the area. Whilst the density of the site is higher than the aims of the policy this is a minimum figure and given the sites immediate context where density and plot sizes vary it is not considered that the proposal would detract from the character of the area. The density proposed would therefore be in keeping with the character of the area. 3. Dwelling mix and type In terms of dwelling mix and type Policy HO1 of the Core Strategy has two parts. The first part states that on schemes of five or more dwellings at least 40% of the total number of dwellings shall comprise not more than 70sqm internal floorspace and incorporate two bedrooms or fewer. The second part states that at least 20% shall be suitable or easily adaptable for occupation by the elderly, infirm or disabled. Whilst there is an existing dwelling on the site it is proposed to subdivide this into two dwellings. In view of this and the six additional dwellings proposed on the site there are 8 dwellings proposed in total. This policy applies to the total number of dwellings on a site. In order to comply with the first part of the policy 4no. dwellings of the eight proposed should have 70sqm internal floor area and two bedrooms or less. In order to comply with the second part of the policy 2no. dwellings of the eight should be easily adaptable. These figures are rounded upwards as required by the policy. In this case two dwellings comply with the first part of the policy with a third dwelling Development Committee 31 23 April 2015 having 2 bedrooms but with an internal floor area of 76sqm. The agent had received advice from the Planning Policy Manager that provided the units did not exceed 78sqm that we would normally accept this. Therefore, whilst this unit has the required 2 bedrooms the floor area is 6sqm larger than specified in the policy. However, this increase is considered to be minor and following the advice of the Planning Policy Manager considered to be acceptable. It is therefore considered that 3no. dwellings of the eight comply with the first part of Policy HO1. This means that the proposal is one dwelling short of being fully compliant with the first part of Policy HO1. However, there is further 2 bedroom dwelling proposed on the site with an internal floor area of 123sqm, and a 3 bedroom dwelling with an internal floor area of 106sqm. In view of the shortfall in one dwelling, and other accommodation proposed on the site, it is not considered that this provides sufficient grounds to justify a refusal on this ground alone. The proposed development has 2no. one and a half storey dwellings (Plots 5 and 7), both of these dwellings have three bedrooms, one of which is on the ground floor. It is therefore considered that the proposal complies with the second part of Policy HO1. 4. Design The four dwellings along the roadside frontage have varied ridge and eave heights, as well as different detailing through the use of materials which are red brick, flint and pantiles. The design of the roadside frontage dwellings would add visual interest to the street scene along a road where there is already a mix in types and styles of properties, and use of different materials. Whilst these proposed frontage dwellings measure approximately 8m to the ridge there is ample separation between the proposed dwellings and the existing neighbouring dwellings so as not to have a significant detrimental impact upon the streetscene. The design and materials proposed for the dwellings is considered to be acceptable. Two new one and a half storey dwellings are also proposed in the rear of the site either side of the existing house. Both of these proposed dwellings would have a ridge height of approximately 7m, with flat roof single storey elements to the rear of approximately 2.7m in height and single storey wings to the front with pitched roofs measuring some 4.7m to the ridge. On these two units brick and flint is proposed on the southern elevations and those facing the internal access road. The remainder of the elevations are brick and Marley Eternit cladding, with pantile roofs. Given the mix of styles and scale of properties in the immediate area, as well as a mix of materials such as brick, flint, render and timber cladding it is considered that the design and materials proposed for these dwellings is acceptable, and would not have a significant detrimental impact upon the character of the area. 5. Relationship to neighbouring dwellings In terms of relationships between dwellings the proposal complies with the Amenity Criteria guidance set out in the Design Guide apart from in three areas of the site. The first is the relationship between plots 2 and 3 within the site. There is a shortfall of approximately 2m between these properties. However, given that the access runs between the two dwellings, that Plot 3 has one ground floor window facing Plot 2, which is a secondary window to a kitchen/diner it is not considered that this relationship would be significantly detrimental. The second is the relationship between Plot 6/6a and Plot 5, where there is a shortfall of approximately 3.5m. Plot 6/6a has a secondary elevation facing the blank elevation of Plot 5. However, the windows in this secondary elevation to Plot 6/6a are all secondary windows to the rooms they serve and are not the sole windows to those rooms. In view Development Committee 32 23 April 2015 of this it is not considered that the relationship between the two dwellings would be significantly detrimental. The third is the relationship between Plot 7 and the neighbouring dwelling to the north (rear). The shortfall in this relationship is between the single storey rear element of Plot 7 and the neighbour to the north. There is a shortfall of approximately 6m at this point. However, given that there would be a boundary fence between these two properties and an access track it is not considered that this would have significant detrimental impact upon the privacy and amenities of the occupiers of either property. The relationships between the dwellings on the site and to the surrounding neighbouring dwellings is therefore considered to be acceptable. 6. Affordable housing The site is located within a Coastal Service Village. Policy HO2 of the Core Strategy would normally apply and requires that in a Coastal Service Village that if a proposed scheme is for more than 2 units, this would normally require the provision of not less than 50% of the total number of dwellings being proposed as affordable. However, the District Council is currently promoting a Housing Incentives Scheme, which means that should the applicants agree to implement any permission granted within one year of the date of the decision then no affordable housing requirement would apply. Notwithstanding either of the above the Government has made changes to the NPPF in relation to affordable housing and other obligations secured through the planning application process. These have already come into effect and should be taken into account in relation to all new and undetermined planning applications. The Guidance introduces new nationally applied thresholds to the size of developments that can be required to contribute towards such contributions including the introduction of a new development size threshold below which affordable housing contributions should no longer be required. Therefore, affordable housing is no longer sought from developments of 10 units or less and which have a maximum combined gross floor space of 1,000sqm. This change to the NPPF is a material consideration in the determination of this application and supersedes the District Council's affordable housing policy for 10 units or less. This stance has been adopted by the Council following referral of a report to the Planning Policy and Built Heritage Working Party in January this year. No affordable housing is therefore required in relation to this proposal. 7. Impact on AONB Whilst the site is located within the Area of Outstanding Natural Beauty it is located within an already developed area of Blakeney and is not in an isolated position. There are existing dwellings to the west, north, east and to the south on the opposite side of the road. It is not therefore considered that the proposal would have a significant detrimental impact upon the special qualities and setting of the Area of Outstanding Natural Beauty. 8. Landscape The Committee will note the comments of the Landscape Officer in relation to landscaping. Whilst trees have been felled on the site, it is not located within the Conservation Area and there are no Tree Preservation Orders in place on the site. No permission was therefore required in order to fell the trees on the site. The Landscape Officer is seeking an improved planting scheme to that submitted and at the time of writing this report the agent was going to submit an enhanced landscaping scheme for consideration as part of this application. The Landscape Officer has raised no objection to the application and subject to a satisfactory landscaping scheme being submitted Development Committee 33 23 April 2015 Officers would have no objections on landscape grounds. The Committee will be updated at the meeting on this matter. 9. Highways There is an existing vehicular access to the front of the site onto the Coast Road. However, this is narrow and is being improved as part of this proposal to serve the site as the main vehicular access point. There is also an unadopted access track running to the east and north of the site for which the existing dwelling already has an access. This would be relocated further to the west to serve Plots 6/6a. In terms of car parking the proposal accords with the District Council's car parking standards which required 2no. car parking spaces for two bedroom dwellings and 3no. car parking spaces for three bedroom dwellings. Garages can be counted as a car parking space provided the internal dimensions are 3m x 7m. The Highway Authority have been consulted on the application and the Committee will note that they have raised no objection. It is not therefore considered that the proposal would have a significant detrimental impact upon highway safety. 10. Air Source Heat Pumps Air source heat pumps are proposed as part of this application for each dwelling. Amended plans have been received altering the location of the air source heat pumps from that originally submitted, along with specification details and noise levels. The Environmental Protection Team have been consulted on this matter and at the time of writing the report their comments were awaited on the acceptability of air source heat pumps in the locations proposed. The Committee will be updated on this matter at the meeting. The description of the application has also been amended to include the air source heat pumps and the application re-advertised and Parish Council reconsulted. Conclusion The principle of development is acceptable in this location, and whilst the density of the development is greater than that aimed for in the Core Strategy it is not considered that the development would be out of keeping with the character of the area given the varied densities and plot sizes of surrounding properties. It is not therefore considered to constitute overdevelopment of the site. There is a shortfall of one dwelling in terms of full compliance with the first part of Policy HO1. However, this is not considered to be sufficient to warrant a refusal. The design and materials of the proposed dwellings are considered to be acceptable as is the relationship to surrounding neighbouring dwellings, and between the dwellings on the site. No affordable housing is required, and it is not considered there would be a significant detrimental impact on the Area of Outstanding Natural Beauty. There are not considered to be any significant detrimental landscape impacts and the proposal is acceptable in terms of highway safety. Subject to no objection from the Environmental Protection Team regarding air source heat pumps the proposal is therefore considered to be broadly compliant with Development Plan Policy and on balance considered to be acceptable for the reasons explained in this report. RECOMMENDATION: Delegated authority to approve subject to no new grounds of objection following readvertisement of amended plans including the air source heat pumps, no objection from the Environmental Protection Team and the imposition of appropriate conditions including three year commencement period, in accordance with amended and approved plans, materials, Development Committee 34 23 April 2015 landscaping, improvements to vehicular access, no gates, bollards, chain or other means of obstruction shall be erected across the approved access, visibility splays, access, car parking, off site highway improvement works, removal of permitted development for any alterations, extensions, insertion of windows, erection of outbuildings and any other conditions that may be required from Environmental Protection Team. 4. HOLT - PO/14/1509 - Demolition of single-storey dwelling and erection of two detached two-storey dwellings; 59 Hempstead Road for Mr P W High Minor Development - Target Date: 02 February 2015 Case Officer: Miss S Tudhope Outline Planning Permission CONSTRAINTS C Road Settlement Boundary Residential Area Controlled Water Risk - Medium (Ground Water Pollution) RELEVANT PLANNING HISTORY PLA/19901081 PF - Bungalow Refused 31/01/1991 PLA/19890894 PF - To build a tractor shed Approved 30/10/1989 PLA/19850648 PF - Proposed erection of bungalow Approved 17/06/1985 PLA/19880480 PO - Development of part of land for housing Refused 28/04/1988 PLA/19870504 EF - Storage of scrap vehicles prior to dismantling Refused 21/07/1992 PLA/19841501 HR - Erection of bungalow Approved 09/11/1984 PLA/19861447 PF - Garage Approved 06/10/1986 THE APPLICATION The application seeks outline consent for the demolition of a single storey dwelling and the erection of two detached two storey dwellings. The access details only have been submitted for approval. However an indicative layout has been submitted illustrating the possible footprint of the two dwellings and position within the site. The application seeks determination of the proposed access with all other matters reserved. An indicative site layout has been provided which indicates a two bedroom dwelling and a single garage. REASONS FOR REFERRAL TO COMMITTEE Applicant is an elected Member of the District Council and the application was deferred at an earlier Committee to allow Members to visit the site TOWN COUNCIL No objection Development Committee 35 23 April 2015 REPRESENTATIONS 1 letter of objection has been received on the following grounds: Development will not be in keeping with its surrounding area The bungalow next door was built in conjunction with this development and to knock down one bungalow and change the buildings would not be in keeping with the bungalow next door Supporting letter submitted by the applicant in respect of access arrangements (see Appendix 2). CONSULTATIONS County Council (Highways): Initial response – To fully appraise whether an additional dwelling can safely be served from the proposed access position, I would request the provision of a plan detailing the available visibility splays over the applicants and highway land to ensure that suitable visibility splays are available in perpetuity. Response to amended plans: The amended plans details the available visibility splays from the proposed site access. The plan clearly shows that the visibility splays runs over private land outside of the application site and therefore the applicants control, without securing these splays, a change to the frontage area through permitted means (planting) could remove their availability resulting in a development without acceptable visibility splays, which would not be acceptable as it there would be an intensification of use from the additional dwelling and without the security of the visibility splays, the increases would impact upon highway safety. Any visibility splays running over 3rd party land would be required to be ensured in perpetuity through a binding legal agreement (Section 106). As the application currently stands, the visibility is not secured, as such, I would request that this response be considered to be a holding objection until such time that the visibility splays are ensured in perpetuity through a S106 agreement with 57 and 61 Hempstead Road. Environmental Health: Requests imposition of an informative note in respect of demolition. The applicant also needs to provide specific details of the proposed soakaway for managing surface water. 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): CT 5 - The transport impact of new development CT 6 - Parking provision EN 2 - Protection and enhancement of landscape and settlement character EN 4 - Design HO 7 - Making the most efficient use of land (Housing density) SS 1 - Spatial Strategy for North Norfolk SS 3 - Housing Development Committee 36 23 April 2015 MAIN ISSUES FOR CONSIDERATION 1. Highway safety 2. Impact on neighbouring properties. APPRAISAL This application was deferred at the previous meeting to enable Members to visit the site. The site is situated within the designated residential area of Holt as defined by the North Norfolk Local Development Framework Core, where subject to compliance with Policies SS3, HO7, EN2, EN4, CT5 and CT6 the principle of residential development is considered to be acceptable. The proposal seeks to demolish the existing single storey dwelling and to erect two detached two storey dwellings. The proposal is an outline application with only the access for determination at this stage. Indicative plans have been submitted to illustrate a possible layout. Based on the indicative layout it is considered that it would be possible to design two detached two storey dwellings the scale and proportions of which would sit relatively comfortably within the site without introducing significant detriment to the amenities of neighbouring properties. Notwithstanding this Officer‟s consider that the site may be better suited to a proposal for a pair of semi-detached two storey dwellings. The Highway Authority have raised objection to the proposal on the grounds that the proposed visibility splay cannot be provided without the use of third party land. The Highway Authority has advised that the visibility splays would need to be ensured in perpetuity through a S106 agreement with 57 and 61 Hempstead Road in order for the proposal to be acceptable in terms of highway safety. The applicant is aware of this advice and has not provided any indication that such an agreement would be forthcoming. The applicant‟s agent has instead submitted a supporting statement for consideration by the Committee in respect of the proposed access arrangements which is attached at Appendix 2. This refers, amongst other matters, to other existing access arrangements along the Holt Road in the vicinity of the application site that have limited parking to front gardens where vehicles either reverse into or out of those gardens to the highway. It is considered that the information submitted by the applicant has not addressed the concerns of the Highway Authority. Therefore it is considered that the proposal fails to comply with Policy CT5 of the Core Strategy by virtue that the applicant has failed to demonstrate that visibility splays required to support an intensification of use (from an increased number of dwellings at the site) would be ensured in perpetuity. It is therefore considered that the proposal does not provide safe access to the highway network. RECOMMENDATION: To refuse for the reason specified below: The District Council adopted the North Norfolk Core Strategy on 24 September 2008, and subsequently adopted Policy HO9 on 23 February 2011, for all planning purposes. The following policy statements are considered relevant to the proposed development: CT 5 - The transport impact of new development In the opinion of the Local Planning Authority inadequate visibility splays are provided at the junction of the site access with the County highway and this would cause danger Development Committee 37 23 April 2015 and inconvenience to users of the adjoining public highway and as far as can be determined from the submitted plans, the applicant does not appear to control sufficient land to provide adequate visibility at the site access. Accordingly the proposal is considered to be contrary to the objectives of the above Development Plan policy. 5. 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 Minor Development - Target Date: 26 March 2015 Case Officer: Miss J Medler Outline Planning Permission CONSTRAINTS Residential Area RELEVANT PLANNING HISTORY PLA/19880245 PO - Construction of three detached dwellings with garages Approved 28/04/1988 PLA/19891365 PM - Construction of three detached dwellings with garages and ancillary works Approved 13/02/1990 PLA/19891445 PF - Bungalow Approved 06/10/1989 PLA/19931275 PF - Construction of three detached houses with garages Approved 20/12/1993 PLA/19981212 PF - Construction of three detached houses with garages (renewal of approval 01 931275 PF) Approved 27/06/2003 PLA/20011691 PO - Erection of detached two-storey dwelling Withdrawn 30/01/2004 PLA/20080830 PO - Erection of eight two-storey dwellings Approved 08/10/2008 PO/10/0871 PO - Erection of one dwelling Approved 08/11/2010 PF/12/1258 PF - Erection of eight two-storey dwellings and construction of access road Withdrawn by Applicant 19/12/2012 PF/13/1021 PF - Erection of 8 two-storey dwellings Refused 12/11/2013 PM/13/1326 PM - Erection of dwelling and detached double garage Approved 31/01/2014 THE APPLICATION Is seeking outline planning permission for the erection of 4 single storey detached dwellings and 4 two storey detached dwellings. All matters apart from access and layout are reserved for consideration at a later date. The vehicular access would be located off the Happisburgh Road, through the garden of No.45 Happisburgh Road to the application site. Development Committee 38 23 April 2015 The proposal would provide 4no. two bedroom bungalows, 2no. three bedroom houses and 2no. five bedroom houses. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor P Moore having regard to the following planning issue(s): 1. Overdevelopment 2. Impact on neighbouring properties This application was deferred at the last meeting for a Committee site visit. TOWN COUNCIL Object on grounds of access to the site and overdevelopment. REPRESENTATIONS Ten letters of objection have been received from local residents raising the following points: 1. Loss of privacy 2. Loss of light 3. Noise disturbance 4. Lack of parking 5. Bungalows should be built on the site 6. Concerns over loss of neighbouring land to visibility splay 7. Dangerous access a hazard to pedestrians and road users alike 8. Objection to proposal to demolish wall on neighbouring land to create visibility splay 9. Overdevelopment 10. Two storey dwellings inappropriate in this location 11. Access issues due to limited width 12.Concerns over water pressure if this development were to go ahead 13. There is a sewer pipe across site 14. Proposal will spoil the environment 15. Proposal will increase pollution from more cars 16. Proposal would be an eyesore 17. Amenity criteria not complied with for units 6, 7 and 8 18. The position of No.10 Benets Avenue is not shown correctly on the site plan. CONSULTATIONS County Council Highway Authority - No objection in principle. However, amended plan required to clarify ownership of the visibility sightlines and footway location. Landscape Officer - The site is overgrown and the Arboricultural Implications Assessment submitted with the application highlights and protects the most valuable trees on the site. No objection subject to conditions. 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. Development Committee 39 23 April 2015 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). Policy HO 1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). 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 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. Background 2. Principle of development 3. Layout and impact on neighbouring dwellings 4. Dwelling mix and type 5. Design 6. Density 7. Highway safety APPRAISAL The Committee will be familiar with this application having recently carried out a site visit. 1. Background The application site has been the subject of numerous planning applications as can be seen from the planning history. The site area has also altered over time increasing in size to that proposed under this current application. Clearly the planning history demonstrates that the principle of residential development on the site has been assessed as acceptable in the past. However, none of the previous permissions have been implemented, so there are no extant permissions on this site. In 2008 Outline application 08/0830 was approved by the then Development Committee (East) for the erection of eight two storey dwellings. All matters apart from access and layout were reserved. The Committee at that time visited the site. That application was approved at the time when the transition was taking place between the North Norfolk Local Plan and the North Norfolk Core Strategy. In 2012, a Full Planning Application reference 12/1258 was submitted for the erection of eight two storey dwellings on the site. The layout of which was basically the same as approved under outline application 08/0830. However, Officers had concerns regarding relationships to neighbouring dwellings surrounding the site in terms of the scale of the two storey dwellings and positioning of windows. Officers also had concerns in relation to design, amenity, parking and compliance with Policy HO1: Dwelling Mix and Type. That application was withdrawn. Development Committee 40 23 April 2015 A further Full Planning Application reference 13/1021 was submitted again for the erection of eight two storey dwellings. The layout of the site was basically the same as previously shown under application references 08/0830 and 12/1258. However, it was not considered that Officers concerns raised under application 12/1258 had been addressed. That application was refused on the grounds of design, scale and massing of the proposed dwellings, detrimental impact upon privacy and amenities of occupiers of neighbouring dwellings, failure to comply with Policy HO1: Dwelling Mix and Type, insufficient landscaping to mitigate loss of trees, lack of footpath provision, parking and turning. Since the refusal of that application Officers have had informal discussions with the agent who has amended the scheme to that which has now been submitted. 2. Principle of development The site is located within the Residential Policy Area of North Walsham where the principle of residential development is considered to be acceptable providing it accords with other relevant Core Strategy policies including those in relation to design, dwelling mix and type, residential amenity, access, parking and turning. There is no affordable housing requirement in relation to this proposal. The planning history in relation to this site has demonstrated that residential development is acceptable on this site. The principle of this proposed development is therefore considered to be acceptable, and in accordance with Core Strategy policy. 3. Layout and impact upon neighbouring dwellings Whilst this application is only seeking outline permission for layout and access only at this stage it is seeking permission for 4no. two storey detached dwellings and 4no. single storey detached dwellings. This differs to the previous applications for this site where all the dwellings were two storey. Previous schemes have shown a cramped form of development to the north west corner of the site, by trying to accommodate 4no. large detached dwellings. This left little space between dwellings and their boundaries. However the development as now proposed is seeking to locate 3no. dwellings on this part of the site, 1no. single storey and 2no. two storey dwellings. By reducing the number of units on this part of the site, and amending the dwelling type a more spacious layout has been created. It has increased the rear garden depths of these dwellings moving them further away from the north west boundary, improving the relationship to the neighbouring dwellings. There remains a row of Cypress trees within the rear garden of Unit 2 which would screen any views between properties. Subject to careful positioning of windows at reserved matters stage it is considered that this layout and relationship to neighbouring dwellings would be acceptable. Units 4 and 5, in the middle of the site, remain as two storey dwellings. There are no particular concerns regarding the layout of these proposed dwellings on the site. Whilst the rear garden depths are between approximately 6 - 7m, they are some 15 - 16m in width. The neighbouring dwellings to the south west have quite long rear gardens and distances between dwellings would be approximately 33 - 39m. These two units would face north east over a parking and garage court for dwellings located in Fairview Road. Subject to careful consideration in relation to first floor rear windows it is not considered that the layout of the dwellings on this part of the site would have a significant detrimental impact upon the privacy and amenities of surrounding neighbouring dwellings. Development Committee 41 23 April 2015 Units 6, 7 and 8 of the proposed development are located to the south east of the site and are all single storey. Previously two units were proposed in this location but they were for two substantial 4 bedroom two storey dwellings. Whilst these dwellings had rear garden depths of approximately 14m they measured approximately 5m to the eaves and 8.5m to the ridge. These units were close to the boundary of the site with the existing dwellings that are off Fairview Close. The application site is at a higher ground level than Fairview Close, therefore these proposed dwellings would have had an unacceptable overbearing impact on the dwellings in Fairview Close some of which would only have been approximately 7 - 8m away. The scale of those dwellings would also have had a detrimental impact on the dwellings to the south off St Benets Avenue. It is now proposed under the current application that whilst there would be three dwellings located on this part of the site they would be single storey. This would greatly improve the relationships to the surrounding neighbouring dwellings and subject to an acceptable scale would not introduce an unacceptable overbearing impact. The three single storey dwellings have 9m deep rear gardens which falls just under the recommended depth of 10m. However, given that they are single storey units there would be no overlooking or loss of privacy issues, and depending on the internal layout of the units and what windows would be located within the rear elevations they could be designed in such a way to comply with the suggested Amenity Criteria distances. It is not therefore considered that the layout of this part of the site would have a significant detrimental impact upon the privacy and amenities of the occupiers of the neighbouring dwellings. 4. Dwelling mix and type In terms of dwelling mix and type Policy HO1 of the Core Strategy has two parts. The first part states that on schemes of five or more dwellings at least 40% of the total number of dwellings shall comprise not more than 70 sqm internal floor space and incorporate two bedrooms or fewer. The second part states that at least 20% of dwellings shall be suitable or easily adaptable for occupation by the elderly, infirm or disabled. In order for this development to comply with this policy it means that a total of 4no. of the eight dwellings should comply with the first part of the policy and 2no. of the eight dwellings should comply with the second part of the policy. The proposal complies in full with both parts of this policy and is therefore considered to be acceptable in terms of dwelling mix and type. 5. Design Whilst the appearance of the dwellings is not for consideration at this stage, it is considered that they could be designed in such a way that they would be of an appropriate scale for the site and have an acceptable relationship to neighbouring dwellings. In addition with careful consideration of the positioning of windows the proposal could comply with the Amenity Criteria in the Design Guide and the dwellings would not have a significant detrimental impact upon the privacy and amenities of the occupiers of neighbouring dwellings or future occupiers of the dwellings on the site. 6. Density In accordance with Policy HO7: Making the Most Efficient Use of Land (Housing Density) in Principal and Secondary settlements the aim of the Council is to seek a density of housing that should be no less than 40 dwellings per hectare. This is provided that the density of any such proposal is developed in a manner that protects or enhances the character of the area. The precise density is determined by having regard to the sites immediate context, on-site constraints, the type of development proposed and the need to provide an appropriate mix of house types and sizes. Development Committee 42 23 April 2015 In this case given the site area and number of units proposed the development constitutes 25 dwellings per hectare, which is clearly less than the aim of 40 dwellings per hectare in the policy. However, if applying the District Councils aim of 40 dwellings per hectare density requirement to this site it would equate to 12.8 dwellings being constructed on the site. There is a mix of densities in the immediate areas surrounding the site ranging from 8 dwellings per hectare to the west and south, and 30 - 33 dwellings per hectare to the north and east. However, notwithstanding this it is not considered that a higher density would be appropriate for the site. This is because a further 4 or 5 dwellings would be required, and given the unusual shape of the site and the need for additional parking, turning and amenity space it is not considered that these additional dwellings could be satisfactorily accommodated without detriment to the occupiers of the neighbouring properties. It is therefore considered that the density is appropriate for the site and on balance protects the character of the area. 7. Highway Safety In terms of car parking the proposal complies with the District Council's car parking standards which require a minimum of 3 car parking spaces for a 4 bed unit or more, and 2 car parking spaces for a 2 or 3 bed unit. A total of 18 car parking spaces are provided for, including integral garages. For an integral garage to count as a car parking space it needs to have a minimal internal dimensions of 7m x 3m. The Committee will note that the Highway Authority have raised no objection in principle to the proposal, but they do require clarification regarding the ownership of the visibility splay and land for the required frontage footpath. A plan showing these within the red-line of the application site has been received. At the time of writing this report a response was awaited from the Highway Authority. The Committee will therefore be updated on this matter at the meeting. Any work that is required to be carried out to third party land in order to be able to provide the visibility splays required by the Highway Authority is a civil matter not a planning matter as this is a land ownership issue. The applicant will need to address the matter of land ownership for the visibility splay and footpath directly with the neighbouring properties affected. Conclusion Whilst previous proposals to redevelop this site have not been considered acceptable the scheme now proposed has a more spacious layout addressing previous concerns regarding a cramped form of development. The introduction of half of the units being single storey has greatly improved relationships between the proposed dwellings and the surrounding properties. Subject to no objections from the Highway Authority regarding the amended plan showing the visibility splays and land required for the frontage footpath the proposal is now considered to comply with Development Plan policies for the reasons explained in the report. RECOMMENDATION: Delegated authority to approve, subject to no objections from the Highway Authority regarding the amended plan showing the visibility splays and land required for the frontage footpath and the imposition of appropriate conditions including statutory time limit, amended plans, and any other conditions that may be required by the Highway Authority. Development Committee 43 23 April 2015 6. SCOTTOW - PF/14/1396 - Temporary change of use of Hangars 1, 2 and 3 from military storage to storage of processed sugar; Hangars 1, 2 and 3, Former RAF Coltishall for Norfolk County Council - Target Date: 19 December 2014 Case Officer: Mr G Lyon Full Planning Permission CONSTRAINTS Countryside Conservation Area Archaeological Site Contaminated Land RELEVANT PLANNING HISTORY BX/14/0061 BX - Recycling and restoration of runway areas (County reference: C/1/2013/1020) Withdrawn by Applicant 24/11/2014 BX/14/0422 BX - Use of land for fire training purposes including the siting of containers, modular buildings and portable toilets (County ref: Y/1/2014/1003) Approved 19/06/2014 PF/14/0642 PF - Change of use of former munitions stores to B8 storage Approved 18/07/2014 PF/14/0811 PF - Change of use of Hanger 3 and Building 382 for police training and storage purposes Approved 28/08/2014 PF/14/1038 PF - Change of use of hanger to B2 and B1 use (general and light industrial use) and associated outside storage Approved 13/11/2014 PF/14/1365 PF - Change of use from storage associated with former airbase to B8 storage (storage of empty plastic bottles/caps and cardboard packaging only) Approved 12/02/2015 THE APPLICATION The proposal involves the temporary use of three existing hangers (circa 5,500sqm each) at Scottow Enterprise Park to be used for the storage of sugar. The use of the hangers for sugar storage had already commenced shortly after the application was submitted and officers understand this was because there was an immediate need for British Sugar (Cantley) to store processed sugar. In the event of approval of the application, planning conditions will need to reflect that the fact that the use has already commenced. The applicant has indicated that the temporary use of these hangers for sugar storage would only occur for up to three years and other longer-term options are being explored for the use of these buildings. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr Ivory in view of traffic impacts, potential adverse impact on heritage assets and the appropriateness of storage uses at this site PARISH COUNCIL Scottow Parish Council - No response Development Committee 44 23 April 2015 Buxton with Lammas Parish Council - No objection subject to conditions that the application remained temporary whilst a more permanent and appropriate access to the site is secured which takes traffic away from the residential margins of Badersfield. REPRESENTATIONS One letter of objection has been received commenting generally on the wider site in regard to heritage impacts but also commenting specifically that the storage of sugar is likely to lead to damage to the hangers, murals and artefacts. CONSULTATIONS Environmental Health - No objection subject to conditions requesting details of any extractor/ventilation/dehumidifying equipment installed so as to prevent any adverse noise/odour impacts and also agreement on hours of deliveries. County Council (Highways) - No objection subject to conditions - Having regard to the volume of traffic that previously accessed the operational RAF airbase and the fact that traffic to this site has significantly reduced since the base closed, it would not be realistic to recommend refusal of this application on highway grounds. Nevertheless, it is imperative that traffic follows the route indicated within the applicants supporting documents and accordingly I recommend a condition to secure this by way of a Traffic Management Plan. Conservation and Design Officer - No objection by virtue of no harm to significance of heritage assets. Health and Safety Executive - 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 SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy SS 5: Economy (strategic approach to economic issues). Policy SS 6: Access and Infrastructure (strategic approach to access and infrastructure issues). Policy EC 4: Redundant defence establishments (specifies criteria for development at redundant defence establishments). 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 Development Committee 45 23 April 2015 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). 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 Principle Highway Impact Impact on Residential Amenity Other Safety Considerations Heritage Impacts APPRAISAL Principle The re-use of Hangars 1, 2 and 3 for storage purposes is considered acceptable in principle under Core Strategy Policy EC 4 subject to the proposals protecting the surrounding environment and resulting in no degradation of the site itself. Highway Impact In respect of traffic movements the applicant had indicated within their supporting statement that up to fifteen 40ft (30 tonne) lorries will arrive and depart daily from the site and each hanger will be filled in turn and that lorries will also arrive with one tonne bags packed on pallets and unloaded using forklift trucks. The hangars are now full and the applicant has subsequently confirmed that during filling between November 2014 and Feb 2015 there were 64 lorry movements per day. The applicant has indicated that there will be no lorry movements until the sugar is required to be removed in circa 12 months‟ time at which point this will be approximately 10 vehicle movements per day (the applicant previously suggested 4-8 vehicle movements per day). In respect of the originally stated traffic movements the Highway Authority had raised no objection subject to a condition to secure a Traffic Management Plan. Buxton with Lamas Parish Council have requested that traffic be diverted away from Badersfield through the construction of a new access. Whilst the proposal is to use the existing access, it is understood by Officers that an alternative access route into the site from the north east is being investigated/negotiated and this will form the focus for further development on the site. The temporary permission for the proposal will enable the access matters to be reviewed in the future. In light of the material increase in traffic movements the Highway Authority have been reconsulted and have confirmed once again no objection to the proposal. Therefore, whilst Officers and the Highway Authority acknowledge the local concerns about traffic movements during the fill period, without objection from the Highway Authority, Officers consider there would be no substantive basis for refusal in relation to highway impacts. Impact on Residential Amenity Given the distances, the physical storage of sugar in the hangers is unlikely to result per Development Committee 46 23 April 2015 se in harm to residential amenity. The Environmental Protection Team have requested details of the extractor/ventilation/dehumidifier equipment to be installed and these details can be requested by condition requiring their submission within two months of the date of the decision (if the Committee are minded to approve). However, it is the vehicle movements associated with the transporting of the processed sugar that has the potential to affect nearby residents in Badersfield based on the current access arrangements. The applicant had indicated that delivery times would be restricted between 8am to 5pm Monday to Friday (March to September) and had requested that during the initial fill period there be no delivery restrictions. During the fill period (which commenced without the benefit of planning permission) the Council did receive a number of calls from local residents about vehicle movements taking place at all hours of the day disturbing sleep. Officer opinion at that time was that an unlimited delivery window would not be acceptable and, with the support of Environmental Protection Officer, insisted that the County Council and applicant restrict initial delivery movements to between 7am to 10pm on any one day. Officers understand the County Council did enforce this restriction and, as a result, complaints stopped. Officers remain of the opinion that, if the Committee are minded to support approval of the proposal, delivery vehicle movements would need to be the subject of a planning condition. Officers understand that the County Council are seeking a site wide delivery receipt/dispatch restriction and have informally requested this be 7am to 10pm Mon to Fri, 7am to 4pm on Saturdays and no deliveries on Sundays or Bank or Public Holidays. Officers consider this would be a reasonable restriction which would protect the amenity of nearby residents whilst still allowing business to operate successfully. Given the temporary nature of the proposal, if the Committee are minded to support approval Officers would recommend the suggested restrictions be imposed by way of condition. Other Safety Considerations In respect of issue of safety, sugar is known to pose a risk of explosion, particularly if the size of sugar particles are below 500 micrometres (sugar dust) which has a larger surface area to react with oxygen in air. The applicant has confirmed that sugar particles will be larger than 500 micrometres and not in a dust format and that spark retarders will be used when loading and unloading so that any risks are reduced even further. Officers consider that this approach would seem reasonable by the applicant and, if the particle size of the sugar is as stated by the applicant, then the risk of explosion will be significantly reduced. However, confirmation of the views of the Health and Safety Executive have been sought on the applications and at the time of writing this report their comments are awaited. Heritage Impacts In respect of impacts on heritage assets, the site lies within a Conservation Area and the hangers have 'local listing' status (ref: LL/84/02, LL/84/03, and LL/84/04). Whilst not specifically mentioned in the local list descriptions, some of the hangers include murals. The murals themselves are, in the main, located internally within the hangers and so play a limited role in the appreciation of the wider character of the area but nonetheless contribute to the historical context of the site. English Heritage (now Heritage England) undertook a „Photographic Characterisation‟ of the RAF Coltishall site prior to its closure and this included photographic records within the hangers capturing the murals. In considering the application, the Committee is required by sections 66(1) and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA Act 1990) to pay “special attention” to the “desirability of preserving” the setting of listed buildings, and Development Committee 47 23 April 2015 the character and appearance of conservation areas. This means that the desirability of preserving the settings of listed buildings and the character and appearance of conservation areas are not mere material considerations to which any weight can be attached. When a local authority finds that a proposed development would harm the setting of a listed building or the character or appearance of a conservation area, it must give that harm considerable importance and weight. There is effectively a statutory presumption against planning permission being granted. That presumption can, however, be outweighed by material considerations powerful enough to do so, including the public benefits of a proposal. In considering what weight to afford to any impacts to heritage assets, the Committee needs to be mindful of the fact that Locally Listed Buildings are not afforded the same level of statutory protection as listed buildings and therefore the powers available to the Local Planning Authority in the event that harm was being caused to the internal fabric (including the murals) would be limited. The Council's Conservation Officer is of the opinion that the proposal will not harm the significance of these designated and non-designated heritage assets. When the doors of the hangers are closed, there is no discernible visual impact on the character and appearance of the wider Conservation Area. In respect of the impact on the hangers themselves, Committee will note the representation received raising concerns about impact heritage impacts and concerns that the storage of sugar is likely to lead to damage to the hangers, murals and artefacts. The applicant has indicated that the murals within the hangers have been covered/protected and the stored sugar is not in direct contact with the hanger building such that, once the sugar has been removed, there would be no significant adverse impacts. On balance, having regard to the likely impacts it is considered that the proposal would not result in harm to the character and appearance of the Conservation Area and there are no substantive heritage impact grounds upon which to oppose the application. Summary Whilst the application is retrospective in nature and the unrestricted transporting of processed sugar to the site has had some adverse impacts on residential amenity, the Committee needs to satisfy itself that the proposed development is acceptable or can be made acceptable in planning terms. The application is proposed on a temporary basis and, subject to the imposition of conditions limiting delivery/despatch times is likely to be considered generally acceptable and would not adversely affect heritage assets. In respect of the number of vehicle movements, the Highway Authority have been asked for further comment on the basis of updated traffic figures received and the Committee will be updated orally. Subject to no objections being received from the Highway Authority and subject to the imposition of conditions the proposal would generally accord with Development Plan Policy. RECOMMENDATION: Approval subject to no objections being received from the Health & Safety Executive and subject to the imposition of conditions to include restrictions on delivery/dispatch times to 7am to 10pm Mon to Fri, 7am to 4pm on Saturdays and no deliveries on Sundays or Bank or Public Holidays and any other conditions considered to be necessary by the Head of Planning. Development Committee 48 23 April 2015 7. SCULTHORPE - PF/14/0680 - Erection of wind turbine with a hub height of 49m and a blade tip height of 78m; Land at Manor Farm, Cranmer for Ogden Renewable Energy Minor Development - Target Date: 22 September 2014 Case Officer: Mr G Lyon Full Planning Permission CONSTRAINTS Countryside Historic Park and Gardens (Ungraded) RELEVANT PLANNING HISTORY None THE APPLICATION Seeks the erection of a single wind turbine with a maximum hub height of 49m and a height to blade tip of 78m with a rotor diameter of 58m. The turbine would be located at Easting: 589600, Northing: 332550. The base of the turbine would be at approximately 47m AOD. The proposal also includes associated infrastructure to support the turbine including access tracks, crane hard-standing and turning areas. The applicant has indicated that the turbine likely to be used is a Gamesa G58 500kW model. Details submitted by the applicant indicate that the 49m high steel turbine column would have a diameter of approximately 3.32m at its base tapering to approximately 2.1m at hub height. The applicant has indicated that the associated substation would be housed within the base of the turbine. The proposed access track would be approximately 4m wide with a gravel finish. Under the proposed turbine, a crane hard standing and turning area would be created which will enable construction and decommissioning of the turbine. The applicant has submitted a number of reports to support their view that the proposal complies with relevant Development Plan policies. REASONS FOR REFERRAL TO COMMITTEE All turbine applications are required to be determined by the Development Committee PARISH COUNCIL – Sculthorpe Parish Council object for the following reasons: 1. The wind turbine would be sited in an inappropriate position - it is close to Sculthorpe Parish Church and when standing in certain positions in Sculthorpe Village it will be seen extending above the church roof. The church is a listed heritage building so this scenario is not acceptable - even more so if aviation lights are fitted to the rotor tips as requested by the MOD. · 2. The proposed turbine tips would stand 3.5 times higher than Sculthorpe Church and 7 times higher than Cranmer Hall. This is unacceptable in a heritage area. 3. The wind turbine is sited in Cranmer Park which in itself is a heritage area. It is close to Cranmer Hall which is listed as are its surrounding buildings. From a heritage viewpoint, Development Committee 49 23 April 2015 with its Roman history, the site is unacceptable. Other listed buildings are situated close the church 4. It is known that bats inhabit Cranmer Hall and frequent areas of the church as well as buildings in Sculthorpe. 5. The road passing only metres away from the proposed turbine, the B1355, is relatively straight and for that reason is known for the fast speed of traffic - especially by drivers from the London area travelling to Burnham Market and beyond. There are corners at either end of the straight stretch of road so drivers will be suddenly exposed to a distracting view of the turbine when they round the corners. This is a road safety issue which local people fully understand. 6. The proposed wind turbine site is close to Sculthorpe Airfield extensively used by the Osprey Helicopters and other aircraft. The helicopters are frequently seen by Sculthorpe villagers in both daylight and darkness flying at low levels and not conforming to runway flight paths. They pass over, and close to, village buildings and therefore would be in danger of flying over, or into, the proposed turbine. We are advised that the staff at Lakenheath/Mildenhall have not been made aware of this significant danger. 7. Sculthorpe houses in the vicinity of the proposed turbine would be unacceptably exposed to noise and vibrations - especially when wind is from the north. 8. There are a substantial number of holiday cottages in the surrounding area of the proposed site and it is most probable that many tourists who enjoy the peace and tranquillity of the North Norfolk countryside would not choose to be with in close proximity to a wind turbine. 9. Flicker caused by the sun on wind turbines has been associated with epilepsy, migraine, nausea and psychological distress at distances of one kilometre. Sculthorpe village is inside this distance. 10. Sculthorpe Parish Council called a consultation meeting of parishioners on Wednesday 17 September 2015 at which the overwhelming majority voted that we object to the planning application. REPRESENTATIONS To date 62 representations have been received, all in objection to the proposal. Summary of comments in objection: 1. Object to the destruction of our beautiful countryside; 2. Have concerns about noise (high and low frequency); 3. Have concerns about vibration; 4. Have concerns about the effect of shadow flicker; 5. Have concerns about impact to wildlife including bats and migrating birds; 6. Have concerns about aircraft safety as there are a lot of low-flying aircraft in the area; 7. The turbine will be an eyesore; 8. Will adversely affect the setting of the church; 9. Will adversely change the character of this part of the village 10. Will adversely affect the local school; 11. Will be visually obtrusive, especially with lighting; 12. Trees will not screen the turbine; 13. There is no benefit to local residents; 14. Sculthorpe has a Conservation Area which should be protected; 15. The turbine will be a distraction to drivers and will adversely affect highway safety; 16. There surely isn’t enough wind to make this viable; 17. There has been no proper consultation with local residents; 18. The turbine would detract from this relatively unspoilt landscape; 19. Turbines should be off-shore; 20. The turbine blade diameter is equivalent to the wingspan of a 747 jet; 21. The proposal will adversely impact upon numerous listed buildings in the area; Development Committee 50 23 April 2015 22. Solar would be better; 23. Turbines just aren’t efficient at producing electricity; 24. Will adversely affect tourism in the area. CONSULTATIONS Council’s appointed Heritage Consultant (Beacon Planning) Objection - Beacon Planning were appointed to assist the Council by providing heritage advice on the application. They formed their own independent view of the application. Beacon Planning identified harm to the setting of the Church of St Mary and All Saints, Sculthorpe (Grade II*), Cranmer Hall (Grade II*) and its locally designated park and garden and Manor Farm (Grade II). The harm to the setting of these assets is of greatest concern to Beacon Planning, as those are assets of the highest heritage value and the desirability of the preservation of their settings must be given special regard. This refers to section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, which requires the local planning authority, in considering whether to grant planning permission for development which affects a listed building or its setting, to have “special regard to the desirability of preserving the building or its setting”. Beacon Planning conclude in respect of the Church of St Mary and All Saints: „..whilst the turbine is not visible in the viewpoints from the green to the front [selected by the applicant], as one moves around the green and churchyard itself, it is likely to come in to view. The approach from the south along Moor Lane is an important one, comprising one of two historic roads linking the church to the core of the village to the south‟. In the case of Cranmer Hall and its parkland setting: „The turbine, rising above the historic tree planting, would comprise a particularly alien feature within this historic landscape that would distract and detract from the landscape design intentions. As an integral part of how the hall is experienced, harm to the parkland would cause harm to the setting of the listed building‟. In the case of Manor Farm: „The house has a dense tree screen on its northern boundary which will filter views to the turbine when looking towards the front elevation, however it will be visible from within the farmland associated with the asset which forms part of its setting. Furthermore, the construction of the turbine itself will erode part of the historic farmland currently connected with this asset. The proposals are therefore considered to cause harm to positive elements of its setting and therefore the significance of this heritage asset‟. Whilst the harm to these designated heritage assets is „less than substantial‟ using the tests in the NPPF, nevertheless it is of considerable significance. Beacon Planning have also identified that there are a large number of other heritage assets within the 2km and 5km radii of the application site, and from which the turbine will be visible. These include the Fakenham Conservation Area and Church of St Peter and Paul, the Manor and Gatehouse at East Barsham, Egmere Medieval Village and the Church of St Edmund, Bloodgate Hillfort, and Church of St Peter at Dunton. The impacts on their heritage significance have been assessed, and are considered to be minor. This is by virtue of the limited visibility and/or lack of contribution that the application site makes to their heritage significance. In our view there is a significant level of harm to a number of highly-graded Listed Buildings and there must therefore be a strong presumption against the granting of planning permission. Section 66 of the Act 1990 is clear that in exercising its planning Development Committee 51 23 April 2015 functions, the local planning authority must pay special regard to the desirability of preserving listed buildings and their settings. The weight to be given to this special regard has recently been tested in the High Courts (Barnwell Manor Wind Energy Ltd v. East Northants DC and others [2014] EWCA Civ 137) and it is clear that considerable weight must be afforded to the protection of listed buildings and their settings in balancing harm to their heritage significance against other interests. It is not within our remit to undertake the ‘planning balance’ between the harm which we have identified and the wider benefits which this scheme will bring. We would however advise that in our view these would need to be ‘powerful’ (using Justice Lindblom’s word [in the case of Forge Field]) to outweigh the clear harm which has been identified.” (See full copy of responses at Appendix 3). Conservation, Design and Landscape (Landscape) – Objection - The application has been supported by a Landscape and Visual Impact Assessment (LVIA) prepared by AAH Planning Consultants dated June 2013. The LVIA concludes that the overall effect of the wind turbine on the local landscape character (Rolling Open Farmland) would be slight/moderate adverse, and although this effect is long term it would ultimately be reversible due to the life cycle of the turbine (approximately 25 years). A „moderate‟ effect is described as being one where “the proposed scheme would cause a noticeable difference to the landscape and would affect several receptors”. A „moderate‟ effect on landscape character is not considered significant under the EIA Regulations. Many elements of the submitted LVIA, such as the assessment and judgement of the capacity and the sensitivity of the landscape to receive the proposed wind turbine, are considered acceptable and a fair reflection of the proposed development and landscape impacts. However, it is considered that certain significant landscape features in the baseline assessment have been undervalued and the magnitude of impact underestimated. As recognised in the LVIA the Rolling Open Farmland character type is defined by two main factors: its topography, large expansive, open, gently rolling or undulating land and associated uninterrupted skyline views; and its historical land ownership, large land holdings since the mid eighteenth century, of which Cranmer Hall plays a significant part. It is considered that insufficient weight has been given to the impact of the development on these two defining elements in the assessment of the impacts. The North Norfolk Landscape Character Assessment Supplementary Planning Document (June, 2009) (NNLCA) repeatedly states that the erection of wind turbines in certain areas of the Rolling Open Farmland Character Type can have very severe effects, and whilst the submitted LVIA acknowledges this to a certain degree in its assessment, it could be argued that insufficient weight has been given in the assessment because of the type of change being affected on the landscape by the wind turbine development. The proposed development is located specifically within the Egmere, Barsham, Tatterford Landscape Character Area of the Rolling Open Farmland Type. The NNLCA states that “this landscape Area is more open and has less built development (settlement or otherwise) than its neighbouring Areas and most other Types.” The Development Committee 52 23 April 2015 NNCLA goes on further to state that the area is consequently more sensitive to increases in built development such as large vertical structures i.e. wind turbines and telecom masts. There is therefore a concern that the relatively intact landscape Area of Egmere, Barsham, Tatterford, which is typical of the landscape character, will be eroded by the proposed wind turbine by such a degree that it has alters the overall condition of the landscape from „good‟ to „fair‟. The damaging effects of the development are intensified as the existing intact landscape typifies the Type. The LVIA has also considered the cumulative impacts of the development on the landscape, in respect of the permitted commercial wind energy schemes at Jack‟s Lane (6 turbines at 126m to blade tip) and Chiplow (5 turbines at 100m to blade tip) which are located 7.6km and 9.4km, respectively, to the east of the Cranmer turbine in the Borough of Kings Lynn and West Norfolk. Other smaller micro-scale wind turbines are located within the vicinity of proposed Cranmer turbine and have also been taken into consideration in the assessment. The LVIA concludes that the cumulative effects of the development are limited or occasional due to the rolling topography, distance between the developments and the intervening vegetation. The overall significance of effect is considered as no more than slight adverse, which is concurred with. Policy EN2 of the Core Strategy states development that does not respect or enhance the landscape character of the area should not be permitted. The LVIA acknowledges that the proposed development will cause a noticeable difference to the character of the landscape, however it is contended that the effect is more adverse for certain defining elements of the landscape and therefore has greater significance. Given that the development will result in adverse impacts to the landscape character contrary to Policy EN2, the benefits of the turbine with respect to renewable energy policies must be carefully examined and questioned particularly in view of the importance of the landscape to the local community. In respect of ecology the application was supported by an Extended Phase 1 Habitat Survey, prepared by Peak Ecology Limited dated June 2013. Some mitigation has been proposed to reduce the potential for minor impacts and based on a precautionary approach. It is considered that if these mitigation measures are secured via a condition of planning, the impact of the proposed turbine on biodiversity would be minimal and consistent with the aims and objectives of Policy EN9 of the Core Strategy and NPPF. In conclusion it is considered that the proposed turbine will have a moderate/major adverse impact on a landscape that is currently intact and in good condition. The proposed turbine would erode the character of the landscape reducing the overall condition of the landscape to „fair‟. Furthermore, it is considered that the turbine would introduce a visually discordant element within the Historic Park and Garden of Cranmer Hall affecting the setting of the hall and the locally designated park and garden. The proposal contradicts Policies EN2 and EN8 of the Core Strategy and is not supported. It is recommended that the application is refused due to the adverse impact on the local landscape and heritage assets. Environmental Protection Officer - No objection subject to conditions - I have reviewed the noise reports that accompany this planning application. As the closest non connected property is 640 metres from the turbine, this falls out of the study area, as defined in both ETSU 97 and The Good Practice Guide to the application of ETSU-97 for the assessment and rating of wind turbine noise produced by the Institute of Acoustics in Development Committee 53 23 April 2015 May 2013. However, due to the quiet rural background area; I feel it would be wise to add the following planning condition: In the event that the Local Planning Authority receives a noise complaint which appears to be of substance, and once the wind turbine operator has been notified of the complaint in writing by the Local Planning Authority, the wind turbine operator shall, at its expense, employ a suitably qualified noise consultant approved by the Local Planning Authority, to undertake an appropriate noise assessment of the noise emissions from the wind turbine at the complainant’s property following procedures first agreed by the Local Planning Authority. A report of the assessment shall be provided in writing to the Local Planning Authority within 60 days of the request under this condition unless this period is extended by the Local Planning Authority in writing. If the findings of this report identify that the wind turbine is causing noise levels considered to be of detriment to the amenity of the nearby residential properties, a scheme shall be included in the report detailing remedial works reasonably necessary to address the noise complaint, and these works shall be implemented in full in accordance with an agreed timescale. English Heritage (now Historic England) – Objection - The application proposes the erection of a wind turbine with a blade tip height of 78 metres on land at Manor Farm. The development has the potential to affect the setting and significance of a number of designated heritage assets within the vicinity. We have visited the area to consider the impacts of the proposal. The applicant's Heritage Statement takes a limited view of the potential impacts and the viewpoints do not appear to have been chosen to help consider the impact on the historic environment. However, on the basis of our visit and the submitted information, we consider the turbine would cause harm to the setting of the Church of St. Mary and All Saints at Sculthorpe, grade II*; the buildings and landscape of Cranmer Hall, grade II*, grade II and locally designated and the Church of St. Peter and Paul at Fakenham, grade I and within the town conservation area. There is potential for there to be harmful impacts on the Church of St. Peter at Dunton, grade II* and we also have reservations about the impact on the church and manor at East Barsham, the Slipper Chapel at Walsingham and the scheduled monument and church at Egmere and at Bloodgate Hill. In line with the National Planning Policy Framework the public benefits of the proposal should be weighed against the harm to the significance of the assets. Unless you are satisfied that the harm is outweighed, we recommend the application should be refused. (See full copy of response at Appendix 3). County Council (Highway) - No objection subject to conditions – I have considered the information submitted within the associated traffic management plan and can confirm that I am satisfied with the proposed access route for construction traffic and with the swept path analysis for abnormal loads which has been undertaken. Given the nature of the development, when up there will be a minimal increase in traffic generated to the site as a result of the application. In addition, I note from the information submitted that the construction phase will generate approximately 30 HGV movements to the site. Having considered the information submitted I can confirm, in terms of highway considerations only, I would have no objection to the principle of the development. However, I would be grateful for the inclusion of conditions relating to the submission of a Construction Traffic Management Plan and Access Route and provision of wheel Development Committee 54 23 April 2015 wash facilities. Defence Infrastructure Organisation (Lands) - No objection subject to conditions (See full copy of responses at Appendix 3). National Air Traffic Services - No objection subject to conditions - The proposed development has been examined from a technical safeguarding aspect and does not conflict with our safeguarding criteria. Accordingly, NATS (En Route) Public Limited Company (NERL) has no safeguarding objection to the proposal. Norwich Airport - Safeguarding Co-Ordinator - No objection subject to development being built as proposed. Natural England - No objection subject to conditions - Natural England is generally satisfied that the proposal is unlikely to affect any statutorily protected sites or landscapes. King's Lynn and West Norfolk Borough Council - neither supports or objects. Breckland District Council - No response Campaign to Protect Rural England - Objection Open Spaces Society - Objection Architectural Liaison Officer/safety officer - No response East of England Ambulance Headquarters - No response Norfolk Coast Partnership - No response Norfolk Fire Service - No response Ramblers Association - No response Royal Society for Protection of Birds - No response Adjacent Parishes/Town Councils (a wide consultation was undertaken having regard to the height of the proposed turbine): Barsham Parish Council - Objection Binham Parish Clerk - No Comment Dunton Parish Council - No response Fakenham Town Council - Support Great Snoring Parish Council - No response Helhoughton Parish Council - No Comment Hempton Parish Council - No response Hindringham Parish Council - No response Holkham Parish Council - No Comment Kettlestone Parish Council - No response Little Snoring Parish Council - No response Pudding Norton Parish Council - No response Raynham Parish Council - No response Ryburgh Parish Council - Objection Stiffkey Parish Council - No Comment Tattersett Parish Council - Objection Thursford Parish Council - No objection Walsingham Parish Council - No response Warham Parish Council - No Comment Wells Town Council - No response Wighton Parish Council - No Comment Development Committee 55 23 April 2015 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. EQUALITIES ACT 2010 In determining this application the Local Planning Authority has considered the requirements under S149 of the Equalities Act 2010. It is considered that the application raises no significant equality issues. POLICIES North Norfolk Core Strategy (Adopted September 2008), as well as supplementary planning documents: the North Norfolk Design Guide Supplementary Planning Document (December 2008) and the Landscape Character Assessment (June 2009). The relevant policies are: Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy SS 4: Environment (strategic approach to environmental issues). Policy SS 6: Access and Infrastructure (strategic approach to access and infrastructure issues). 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 7: Renewable energy (specifies criteria for renewable energy proposals). 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). 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). Issues for Consideration 1. Planning Policy Context 2. Landscape and Visual Impacts 3. Impact on Designated Historic Assets; 4. Impact on Residential Amenity; 5. Impact on other Infrastructure Provision 6. Impact on Wildlife/Ecology 7. Impact on Aviation; 8. Impact on Highway Safety & Public Rights of Way; Development Committee 56 23 April 2015 9. 10. 11. 12. Impact on Tourism & Other Sectors; Grid Connection; Benefits of the Proposed Development; Overall Summary APPRAISAL ENVIRONMENTAL IMPACT ASSESSMENT (EIA) Officers have considered the proposal under the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and have had regard to advice within the Planning Practice Guidance. A Screening Opinion was adopted on 31 July 2014 which considered that that the proposal was not EIA development and that the potential impacts could be properly and rigorously assessed through the standard planning process. Officers remain of this opinion. PLANNING POLICY CONTEXT The application is required to be determined in accordance with the development plan, unless material considerations indicate otherwise. The Development Plan currently comprises the North Norfolk Core Strategy (CS) (adopted Sept 2008). Although it preceded the National Planning Policy Framework (NPPF), the relevant policies (other than Policy EN8) are consistent with the NPPF and full weight should be given to them. Local Policy Three CS policies are relevant to the application. They are: EN2, which requires development proposals to demonstrate that their location, scale, design and materials will protect, conserve and where possible, enhance, inter alia, “the special qualities and local distinctiveness of the area (including its historical, biodiversity and cultural character),” “visually sensitive skylines, hillsides” and „the setting of and views from historic parks and gardens.‟; EN8, which provides that development proposals should preserve or enhance the character and appearance of designated assets and their settings and that development which would have an adverse impact on their special historic or architectural interest would not be permitted; and EN7, which provides: ‘Renewable energy proposals will be supported and considered in the context of sustainable development and climate change, taking account of the wide environmental, social and economic benefits of renewable energy gain and their contribution to overcoming energy supply problems in parts of the District. Proposals for renewable energy technology, associated infrastructure and integration of renewable technology on existing or proposed structures will be permitted where individually, or cumulatively, there are no significant adverse effects on; the surrounding landscape, townscape and historical features / areas; residential amenity (noise, fumes, odour, shadow flicker, traffic, broadcast interference); and specific highway safety, designated nature conservation or biodiversity considerations. In areas of national importance large scale renewable energy infrastructure will not be permitted unless it can be demonstrated that the objectives of the Development Committee 57 23 April 2015 designation are not compromised. Small-scale developments will be permitted where they are sympathetically designed and located, include any necessary mitigation measures and meet the criteria above. Large scale renewable energy proposals should deliver economic, social, environmental or community benefits that are directly related to the proposed development and are of reasonable scale and kind to the local area’. Policy EN7 operates in two ways. It commits the Council to granting planning permission for renewable energy technology where there will be no significant adverse effect on the landscape and historical assets, residential amenity, highway safety and designated nature conservation or biodiversity considerations. If there will be a significant adverse effect on these things, then the Council must consider the benefits of renewable energy gain, including the contribution to overcoming energy supply problems, and these benefits must be balanced against the significant adverse effects. If the benefits are outweighed by the adverse effects, the proposal will not accord with policy EN7. If the benefits are not outweighed, the proposal will accord with policy EN7. In consideration of other recent turbine cases, it has been argued by applicant‟s that Policy EN8 is not consistent with the NPPF, on the basis of the Batsworthy Cross High Court judgment – a case known as Colman [2013] EWHC 1138 (Admin). Officers accept that Policy EN8 is not fully NPPF compliant, and advise the Committee to have regard to relevant parts of paragraph 14 and 98 of the NPPF as set out below, together with the legal duties required to be discharged under Section 66(1) of the Listed Buildings and Conservation Areas Act 1990. National Policy The National Planning Policy Framework (the NPPF) came into effect on 27 March 2012 and sets out the Government‟s planning policies. It identifies that the purpose of the planning system is to contribute to the achievement of sustainable development. The core principles of the NPPF include encouraging the use of renewable resources such as the development of renewable energy; conserving and enhancing the natural environment and; conserving heritage assets in a manner appropriate to their significance. In determining planning applications for wind energy development, Footnote 17 of the NPPF states that planning authorities should follow the approach set out in the National Policy Statement for Renewable Energy Infrastructure (EN-3), which should be read with the relevant sections of the Overarching National Policy Statement for Energy (EN-1). Amongst other things, EN-1 states that the Government is committed to increasing dramatically the amount of renewable generation capacity. The Government‟s Planning Practice Guidance (PPG) includes advice relating to renewable and low carbon energy schemes. Amongst other things, this states that all communities have a responsibility to help increase the use and supply of green energy, but this does not mean that the need for renewable energy automatically overrides environmental protections and the planning concerns of local communities. The PPG also includes advice relating to the historic environment. In June 2013 the Secretary of State for Communities and Local Government issued a Written Statement in respect of onshore wind. A separate Written Statement was also issued at the same time by the Secretary of State for Energy & Climate Change. The Climate Change Act 2008 includes a legally binding reduction in carbon emissions Development Committee 58 23 April 2015 of 80% by 2050. Towards that goal, the UK Renewable Energy Strategy 2009 includes a 30% national target for renewable electricity production by 2020. That would contribute to a 15% target for all energy to come from renewable sources by that date. These goals were restated in the National Policy Statement for Energy (EN-1). Of that 30% electricity target, the Renewable Energy Strategy expected 35% to come from offshore wind and 29% from onshore wind, with the remaining 36% from other sources such as solar power, tidal and wave power, landfill gas and incineration. Chapter 10 of the NPPF - Meeting the challenge of climate change, flooding and coastal change states at paragraph 93: ‘Planning plays a key role in helping shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change, and supporting the delivery of renewable and low carbon energy and associated infrastructure. This is central to the economic, social and environmental dimensions of sustainable development’. At paragraph 97 the NPPF states: ‘To help increase the use and supply of renewable and low carbon energy, local planning authorities should recognise the responsibility on all communities to contribute to energy generation from renewable or low carbon sources. They should: have a positive strategy to promote energy from renewable and low carbon sources; design their policies to maximise renewable and low carbon energy development while ensuring that adverse impacts are addressed satisfactorily, including cumulative landscape and visual impacts; consider identifying suitable areas for renewable and low carbon energy sources, and supporting infrastructure, where this would help secure the development of such sources; support community-led initiatives for renewable and low carbon energy, including developments outside such areas being taken forward through neighbourhood planning; and identify opportunities where development can draw its energy supply from decentralised, renewable or low carbon energy supply systems and for co-locating potential heat customers and suppliers’. More specifically, when assessing development proposals paragraph 98 of the NPPF states: ‘When determining planning applications, local planning authorities should: not require applicants for energy development to demonstrate the overall need for renewable or low carbon energy and also recognise that even small-scale projects provide a valuable contribution to cutting greenhouse gas emissions; and approve the application [unless material considerations indicate otherwise] if its impacts are (or can be made) acceptable. Once suitable areas for renewable and low carbon energy have been identified in plans, local planning authorities should also expect subsequent applications for commercial scale projects outside these areas to demonstrate that the proposed location meets the criteria used in identifying suitable areas’. Development Committee 59 23 April 2015 In considering this proposal, the Committee should have in its mind the advice set out within paragraph 14 of the NPPF which states: ‘At the heart of the National Planning Policy Framework is a presumption in favour of sustainable development, which should be seen as a golden thread running through both plan-making and decision-taking. …….. For decision-taking this means: approving development proposals that accord with the development plan without delay; and where the development plan is absent, silent or relevant policies are out-of-date, granting permission unless: any adverse impacts of doing so would significantly and demonstrably outweigh the benefits, when assessed against the policies in this Framework taken as a whole; or specific policies in this Framework indicate development should be restricted’. LANDSCAPE & VISUAL IMPACTS When considering landscape and visual impact, the Committee is advised to take account of advice within CS Policy EN 7 (Renewable Energy) and Policy EN 2 (Protection and Enhancement of Landscape and Settlement Character), which states: ‘Proposals for development should be informed by, and be sympathetic to, the distinctive character areas identified in the North Norfolk Landscape Character Assessment [NNLCA] and features identified in relevant settlement character studies. Development proposals should demonstrate that their location, scale, design and materials will protect, conserve and, where possible, enhance: the special qualities and local distinctiveness of the area (including its historical, biodiversity and cultural character) gaps between settlements, and their landscape setting distinctive settlement character the pattern of distinctive landscape features, such as watercourses, woodland, trees and field boundaries, and their function as ecological corridors for dispersal of wildlife visually sensitive skylines, hillsides, seascapes, valley sides and geological features nocturnal character the setting of, and views from, Conservation Areas and Historic Parks and Gardens. the defined Setting of Sheringham Park, as shown on the Proposals Map’. CS Policy EN 7 states at paragraph 3.3.35 that ‘All proposals for renewable energy should complement the particular characteristics of the surrounding landscape and the Landscape Character Assessment will assist in assessing the impact of individual proposals.’ The application site is located on a 3.6ha arable field on land within the undesignated Development Committee 60 23 April 2015 historic parkland of Cranmer Hall. The site lies at an elevation of approximately 47m AOD. The site lies within the Rolling Open Farmland character type as defined in North Norfolk Landscape Character Assessment (NNLCA) (Supplementary Planning Document) (June 2009). The Rolling Open Farmland character type is defined by two main factors: its topography, large expansive, open, gently rolling or undulating land and associated uninterrupted skyline views; and its historical land ownership, large land holdings since the mid eighteenth century, of which Cranmer Hall plays a significant part. The proposed development is located specifically within the Egmere, Barsham, Tatterford Landscape Character Area of the Rolling Open Farmland Type. The NNLCA states that “this landscape Area is more open and has less built development (settlement or otherwise) than its neighbouring Areas and most other Types.” The NNCLA goes on further to state that the area is consequently more sensitive to increases in built development such as large vertical structures i.e. wind turbines and telecom masts. The application has been supported by a Landscape and Visual Impact Assessment (LVIA) prepared by AAH Planning Consultants dated June 2013. The Council‟s Landscape Officer considers that the LVIA has been prepared by suitably qualified professionals in accordance with recognised guidelines (The Landscape Institute: Guidelines for Landscape and Visual Impact Assessment, Third Edition, 2013). The LVIA concludes that the overall effect of the wind turbine on the local landscape character (Rolling Open Farmland) would be slight/moderate adverse, and although this effect is long term it would ultimately be reversible due to the life cycle of the turbine (approximately 25 years). A „moderate‟ effect is described as being one where “the proposed scheme would cause a noticeable difference to the landscape and would affect several receptors”. Whilst the Landscape Officer considers that many elements of the submitted LVIA, such as the assessment and judgement of the capacity and the sensitivity of the landscape to receive the proposed wind turbine, are acceptable and a fair reflection of the proposed development and landscape impacts, it is nonetheless considered that certain significant landscape features in the baseline assessment have been undervalued and the magnitude of impact underestimated. For example, it is considered by the Landscape Officer that the weight given in the LVIA to the sensitivity of the open character, uninterrupted skyline and Cranmer Hall Historic Park and Garden elements of the landscape have been undervalued; and the magnitude of the impact the proposed development will have on these features underestimated. This is important when considering the relative importance of each of the individual landscape elements affected and the value attributed to them both as contributing factors in the landscape character and by the local community and thus the overall perception of the landscape and resultant change. The Landscape Officer also considers that insufficient weight has been given to the impact of the development on the two defining elements of the Rolling Open Farmland character type and that the overall effect of the wind turbine on the local landscape character should be considered moderate/major which has a greater degree of significance of impact on the defining features of the overall landscape character type. The LVIA has also considered the cumulative impacts of the development on the landscape, in respect of the permitted commercial wind energy schemes at Jack‟s Lane (6 turbines at 126m to blade tip) and Chiplow (5 turbines at 100m to blade tip) which are located 7.6km and 9.4km, respectively, to the east of the Cranmer turbine in the Development Committee 61 23 April 2015 Borough of Kings Lynn and West Norfolk. Other smaller micro-scale wind turbines are located within the vicinity of proposed Cranmer turbine and have also been taken into consideration in the assessment. The LVIA concludes that the cumulative effects of the development are limited or occasional due to the rolling topography, distance between the developments and the intervening vegetation. This has been considered in terms of simultaneous or „in combination‟ visual effects, i.e. as when viewed from a fixed viewpoint or viewpoints, and also as sequential effects such as when travelling through the landscape along major highways. The overall significance of effect is considered as no more than slight adverse, which is a view concurred with by the Landscape Officer. SUMMARY OF LANDSCAPE & VISUAL IMPACTS The Council‟s Landscape Officer is of the opinion that, contrary to the conclusions of the submitted LVIA, with respect to the impact on landscape character, it is considered that the proposed turbine will have a moderate/major adverse impact on a landscape that is currently intact and in good condition. The proposed turbine would erode the character of the landscape reducing the overall condition of the landscape to „fair‟. Furthermore, it is considered that the turbine would introduce a visually discordant element within the Historic Park and Garden of Cranmer Hall affecting the setting of the hall and the locally designated park and garden. Officers would concur with this view. The proposal is therefore assessed as being contrary to Policies EN 2, EN 7 and EN 8. IMPACT ON DESIGNATED HISTORIC ASSETS When considering the impact on historic assets, the Committee is advised to take account of advice within CS Policy EN 7 (Renewable Energy) and Policy EN 8 (Protecting and Enhancing the Historic Environment), which states: ‘Development proposals…should preserve or enhance the character and appearance of designated assets, other important historic buildings, structures, monuments and landscapes, and their settings through high quality, sensitive design. Development that would have an adverse impact on their special historic or architectural interest will not be permitted’. The Committee is required by sections 66(1) and 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (LBCA Act 1990) to pay “special attention” to the “desirability of preserving” the setting of listed buildings, and the character and appearance of conservation areas. This means that the desirability of preserving the settings of listed buildings and the character and appearance of conservation areas are not mere material considerations to which any weight can be attached. When a local authority finds that a proposed development would harm the setting of a listed building or the character or appearance of a conservation area, it must give that harm considerable importance and weight. There is effectively a statutory presumption against planning permission being granted. That presumption can, however, be outweighed by material considerations powerful enough to do so, including the public benefits of a proposal. Committee should also take into account the advice contained within the NPPF, which specifically addresses the need for conserving and enhancing the historic environment at paragraphs 126 – 141. In particular paragraph 132 states: ‘When considering the impact of a proposed development on the significance of a Development Committee 62 23 April 2015 designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional’. Paragraph 133 states: ‘Where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply: the nature of the heritage asset prevents all reasonable uses of the site; and no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and the harm or loss is outweighed by the benefit of bringing the site back into use’. Paragraph 134 states: ‘Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use’. Although the NPPF is expressed in terms of balance rather than expressly referring to issues of weight and significance, the High Court has held that local authorities must approach the decision in a way that is consistent with sections 66(1) and 72 of the 1990 Act, and therefore that the question should not be addressed as a simple balancing exercise, but whether there is justification for overriding the presumption in favour of preservation. The NPPF defines setting of a heritage asset as the surroundings in which it is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, and may affect the ability to appreciate the significance or may be neutral. Significance is defined as the value of a heritage asset to this and future generations because of its heritage interest. Significance derives not only from a heritage asset‟s physical presence, but also from its setting. The NPPF requires local plans to set out a positive strategy for the conservation and enjoyment of the historic environment. It recognises that heritage assets are an irreplaceable resource and they should be conserved in a manner appropriate to their significance. The significance of a heritage asset can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. English Heritage guidance, The Setting of Heritage Assets (2011), advises that ‘setting embraces all the surroundings from which the heritage asset can be experienced or that Development Committee 63 23 April 2015 can be experienced from or with the asset. Setting does not have a fixed boundary and cannot be definitively and permanently described as a spatially bounded area or as lying within a set distance of a heritage asset.’ The construction of a distant but a high structure such as a wind turbine may extend what was previously understood to comprise setting. Development within the immediate or extended setting may affect significance, particularly where it is large-scale, prominent or intrusive. The English Heritage document Conservation Principles: policies and guidance for the sustainable management of the historic environment articulates the value of heritage for its evidential, historical, aesthetic and communal value. However, the importance of aesthetic and communal value is not taken through into recent Government policy in the NPPF. There are many designated heritage assets within 5 km of the application site, including 2 scheduled ancient monuments, 143 listed buildings, 5 conservation areas and 1 registered and 1 unregistered historic parks and gardens. In particular these include: Church of St Mary and All Saints, Sculthorpe - Grade II* listed building Cranmer Hall, Barns and Parkland – Grade II* listed (Hall and Barns),Grade II listed (Gates and Gate piers) Historic Parks and Gardens unregistered Manor Farm, Sculthorpe – Grade II listed Church of All Saints – East Barsham – Grade II* listed Church of St Peter and St Paul, Fakenham – Grade I listed The Manor and Gatehouse, East Barsham – Grade I listed Conservation Areas of Sculthorpe, East Barsham, Walsingham, Fakenham and Hempton In considering the impact on heritage assets, a number of consultations were undertaken including with English Heritage (EH) and with the Council‟s appointed heritage consultants - Beacon Planning (BP). Copies of consultation replies are attached in full at Appendix 3. The application is supported by a Heritage Statement undertaken by AAH planning consultants. Turning now to specific heritage assets: Church of St Mary and All Saints, Sculthorpe – The applicant has set out that the proposal would not result in physical harm to the listed building and that existing tree cover limits the effect of the turbine from many directions. The applicant sets out that it is views of the church from the south that would be most sensitive and that the turbine would be seen at a similar scale to that of the church tower. The applicant suggests this would ensure that the turbine would not appear overly oppressive in scale in relation to the church but accepts there would be some harm to the setting with the rotating blades drawing the eye. The applicant suggests that, as you get closer to the church, the turbine disappears from view behind the tower and tree cover. English Heritage comment that ‘The tall turbine rising above the tree line contrasts with the smaller scale of the traditional buildings and open, flat character of the landscape. The church tower is the existing dominant feature and its historic landmark status would be eroded by the taller presence of the turbine. This would result in harm to the significance of the listed building’. Beacon Planning comment: ‘The church stands in a rural location, with an open setting to the south but with trees along its northern boundary and a well treed boundary to Manor Farm, and the church is viewed against this backcloth. Nevertheless, views to the open countryside beyond are visible through breaks in this screen. The experience is Development Committee 64 23 April 2015 one of quiet and tranquillity, a characteristic of Norfolk’s rural churches’. BP go on to note that „The Heritage Statement is clear that the turbine would be visible in these key views from the south. It goes on to state that the impacts on closer views would be mitigated by the mature trees. .. Whilst it is acknowledged that the turbine would not be visible in these particular views, we agree with English Heritage’s conclusion that as one moves around the building and churchyard as these spaces are intended to be experienced, it is likely that the turbine will come into view through breaks in the trees’. BP note that ‘The Applicant has acknowledged that harm will be caused to the setting of the church, which is a conclusion that both English Heritage and we share. The Heritage Statement concludes that these impacts cannot be avoided….but that its height and location has striven to reduce its impacts. BP go on to conclude that „…Nevertheless, the impacts remain significant, and would harm the heritage significance of this Grade II* listed building’. Taking the above view of consultees into consideration, the proposed turbine would result in harm to the setting of the Church of St Mary and All Saints, a Grade II* listed building. Whilst this harm amounts to „less than substantial harm‟ under the NPPF (paragraphs 133 and 134), the harm is still considered to be significant given the impacts identified above. Officers concur with this view. In light of the duty in section 66(1) of the LBCA Act 1990, the statutory presumption is engaged by the harm to the setting of the Church of St Mary and All Saints, and there is a presumption against planning permission being granted. The strength of the presumption will vary, depending on the degree of harm to the setting of the listed building. The Committee will have to consider whether this presumption is outweighed by the public benefits of the proposal (including renewable energy benefits). Cranmer Hall, Barns and Parkland – The applicant has set out that the proposed turbine would not result in physical harm to heritage assets. However, whilst the applicant has sought to down-play the impact of the turbine along the main approach drive to the Hall from the east, the applicant has indicated that views of the turbine may be visible from the south eastern elevation of the of the Victorian period Philip Webb wing of the Hall, together with the coach-house, stables and walled cottage garden. The applicant also accepts that, when approached from the northern access road, the turbine will be visible protruding above the tree line and would have a visual impact on the setting of Cranmer Hall. The applicant has not recognised the significance of the unregistered historic park associated with Cranmer Hall. In respect of the Grade II* barn, the applicant considers the impact on the setting and special qualities of this asset would be low. English Heritage note; ‘This is an early Georgian country house with later work by the Victorian architect, Philip Webb who also designed the stables and possibly the entrance gates. [The] Council has designated the land around Cranmer Hall and Manor Farm, including the development site, as historic park and farmland……as a country house in a historic landscape, part of the significance of the buildings lies in the landscape setting, both of the immediate gardens and the wider park and farmland. This illustrates how the house functioned historically and provides an attractive rural setting to the building’. EH go on to state that ‘The Heritage Statement notes the turbine would not have an adverse impact on the main approach as the front elevation faces north east. However, it does consider 'the turbine would be evident in the broader setting'. Viewpoint 9 [within Development Committee 65 23 April 2015 the Heritage Statement] is taken from Old Wells Road looking across Cranmer Hall and Park and shows how the turbine is visible in these open views rising above the trees. The [applicant] notes the turbine is likely to be visible from the south east elevation of the Webb wing together with the coach house, stables and walled cottage garden’. EH conclude that ‘The presence of a tall turbine with rotating blades would erode the rural landscape character of the setting of the Hall and cause harm to its significance’. Beacon Planning set out that ‘Cranmer Hall comprises a much altered Georgian country house of c.1721. It was originally of three storeys, now reduced to two, and reduced in plan sometime after 1905. It was extended in the late C19 with a two storey three bay wing attributed to Phillip Webb. Webb was also responsible for the Grade II* listed stables to the rear, and possibly the Grade II gates, piers and railings at the entrance from the B1355. The hall sits within a locally designated park and garden identified on Faden’s map of Norfolk published in 1797. The park description notes the designed views to the south east, including the remnants of an avenue of trees that would have drawn the eye towards the plantation towards the edge of the park known as ‘The View’. The application site is located within the boundary of the designated parkland, positioned within a field to the northeast of this clump. A historic track connecting the hall to the Church of St Mary and All Saints travels through the gap between The View and Foxhill Plantation’. BP go on to note that ‘The parkland was purposely designed to create key vistas and views to and from the hall. As such, their significance is closely integrated’. BP set out that ‘As identified in the Heritage Statement, the main approach [to the Hall] is from the B1355 to the north as marked by the listed gates, piers and railings, and also the lodge. This driveway travels in a straight, south-westerly direction and delivers the visitor to the front façade which accordingly faces northeast. The Heritage Statement concludes that there would be no impact on this approach’. BP go on to state that ‘To the contrary, viewpoint 9 [of the applicant‟s Heritage Statement] is taken from Old Wells Road, with the formal approach to the hall in the middle ground of the photomontage. The turbine is clearly visible in this view, rising above historic plantations. It is highly likely therefore that the turbine would also be visible from the main approach road. Although it will not be seen in direct conjunction with the front elevation of the main house, the open nature of the driveway permits views outwards to the parkland and farmland and this is an important part of how the house is experienced on both arrival and exit. Although much of the former parkland is now farmed, there is little evidence of built development within these views. The turbine, rising above the historic tree planting, would comprise a particularly alien feature within this historic landscape that would distract and detract from the landscape design intentions. As an integral part of how the hall is experienced, harm to the parkland would cause harm to the setting of the listed building’. In respect of the erection of the turbine BP state ‘The construction of the turbine and access road within the boundary of the historic park and garden will itself cause harm to this portion. Although it is acknowledged that this is historic farmland rather than parkland, it nonetheless is within the locally designated area and has a close historic relationship with Cranmer Hall’. BP also make clear that, contrary to the opinion expressed by the applicant, the erection of the turbine and associated works would cause physical harm to the locally designated park and gardens (as a non-designated heritage asset). Development Committee 66 23 April 2015 Officers concur with the views of heritage consultees. In light of the duty in section 66(1) of the LBCA Act 1990, the statutory presumption is engaged by the harm to the setting of Cranmer Hall, and there is a presumption against planning permission being granted. The strength of the presumption will vary, depending on the degree of harm to the setting of the listed building. The Committee will have to consider whether this presumption is outweighed by the public benefits of the proposal (including renewable energy benefits). Manor Farm, Sculthorpe – The applicant has set out that the proposed turbine would not result in physical harm to heritage assets (although will result in some loss of farmland currently associated with Manor Farm). Beacon Planning note ‘Manor Farm forms part of a historic group, with the Grade II* listed Cranmer Hall and barns to the northwest, Grade II* listed church to the immediate east, and the locally designated parkland that stretches to the immediate west of the farmhouse. Historically, a path connected the church to the hall across the parkland, travelling to the north of Manor Farm. Clearly, these assets share a close historic relationship. The Heritage Statement notes that the historical interest of Manor Farm is in part derived from its association with the farmed parkland to the north, and that the farmed parkland to the north and northwest forms part of its setting’. BP go on to comment that „The house has a dense tree screen on its northern boundary which will filter views to the turbine when looking towards the front elevation, however it will be visible from within the farmland associated with the asset which forms part of its setting. Furthermore, the construction of the turbine itself will erode part of the historic farmland currently connected with this asset. The proposals are therefore considered to cause harm to positive elements of its setting and therefore the significance of this heritage asset‟. Officers concur with this view. In light of the duty in section 66(1) of the LBCA Act 1990, the statutory presumption is engaged by the harm to the setting of Manor Farm, and there is a presumption against planning permission being granted. The strength of the presumption will vary, depending on the degree of harm to the setting of the listed building. The Committee will have to consider whether this presumption is outweighed by the public benefits of the proposal (including renewable energy benefits). Church of All Saints – East Barsham –The applicant has set out that the proposed turbine would not result in physical harm to heritage asset. The applicant concludes that ‘Whilst the more open nature to the south does contribute to the setting of this listed building it is considered that the proposed turbine would not intrude into this setting to a degree that would result in harm to the special qualities that warranted its designation as a grade II* listed building’. English Heritage consider that photomontages should be provided to demonstrate no significant impact on the heritage asset. Beacon Planning have noted that ‘This church sits on a high point within the village at the crossroads with the road to West Barsham. The topography drops away in the direction of the road, but rises towards the application site. The church is screened with a dense tree screen on its western boundary such that it does not have a commanding presence over the landscape to the west. No verified views have been produced to confirm or disprove the presence of the turbine in views to and from the church. If the turbine can be glimpsed, the topography and tree screen around the church will limit any impacts such that any harm is considered to be minimal’. Development Committee 67 23 April 2015 Officers concur with this view. In light of the duty in section 66(1) of the LBCA Act 1990, the statutory presumption is engaged by the harm (albeit limited) to the setting of the Church of All Saints, East Barsham, and there is a presumption against planning permission being granted. The strength of the presumption will vary, depending on the degree of harm to the setting of the listed building. The Committee will have to consider whether this presumption is outweighed by the public benefits of the proposal (including renewable energy benefits). Grade II Listed Buildings in Sculthorpe & Sculthorpe Conservation Area Beacon Planning have comment that „Sculthorpe village contains a number of Grade II listed buildings and the southern portion is designated as a conservation area. The Heritage Statement notes that generally the listed buildings have a village setting and that the turbine would have minimal impact, and we concur with this view. With respect to the conservation area, the analysis concludes that views to the turbine would be limited, and that the turbine would not represent a significant intrusion within its setting. This is a logical conclusion. Any harm to these assets is therefore considered to be limited‟. Officers would concur with this view Therefore whilst any harm is considered to be „less than substantial‟ the Committee must approach the decision in a way that is consistent with sections 66(1) and 72 of the 1990 Act, and therefore that the question should not be addressed as a simple balancing exercise, but whether there is justification for overriding the presumption in favour of preservation. Other Heritage Assets including The Manor and Gatehouse, East Barsham, Church of St Peter and St Paul, Fakenham, Egmere Medieval Village and the Church of St Edmund, Bloodgate Hillfort, and Church of St Peter at Dunton together with Conservation Areas of East Barsham, Walsingham, Fakenham and Hempton English Heritage have noted that ‘There are a number of scheduled monuments which have not been considered because they are more than 2km from the turbine but fall within an approximate 5km radius. Of these we have some· concerns about the potential impact of the turbine on the broader landscape setting of the Egmere Medieval Settlement and the Ruins of Church of St Edmund, listed grade II*, which is prominently sited on high ground enabling broad views to the south in the direction of the proposed turbine. We also note that Bloodgate Hill Fort is noted as having views eastwards, in other words in the direction of the proposed turbine to the south east’. In respect of other heritage assets, Beacon Planning have indicated that ‘The impacts on their heritage significance have been assessed, and are considered to be minor. This is by virtue of the limited visibility and/or lack of contribution that the application site makes to their heritage significance’. Therefore whilst any harm is considered to be „less than substantial‟ the Committee must approach the decision in a way that is consistent with sections 66(1) and 72 of the 1990 Act, and therefore that the question should not be addressed as a simple balancing exercise, but whether there is justification for overriding the presumption in favour of preservation. SUMMARY OF IMPACT ON DESIGNATED HISTORIC ASSETS Having considered the applicant‟s Heritage Statement, as well as the advice from English Heritage (now Historic England) and the Council‟s appointed Heritage Development Committee 68 23 April 2015 Consultants (Beacon Planning) and having taken account of other material considerations, it is considered that the proposed turbine would result in a less than substantial, but yet significant, level of harm to: the setting of Cranmer Hall a Grade II* listed building (with locally designated park and garden) which is a highly valued heritage asset. In officers‟ view, the harm to the setting of this heritage asset gives rise to a strong presumption against the granting of planning permission. Officer advice therefore is that there would need to be compelling public benefits in favour of the turbine to override this presumption; the setting of the Church of St Mary and All Saints, Sculthorpe a Grade II* listed building and a highly valued heritage asset. In officers‟ view, the harm to the setting of this heritage asset gives rise to a strong presumption against the granting of planning permission. Officer advice therefore is that there would need to be compelling public benefits in favour of the turbine to override this presumption; the setting of the Manor House/ Manor Farm, Sculthorpe a Grade II listed building and a valued heritage asset. In officers‟ view, the harm to the setting of this heritage asset gives rise to a presumption against the granting of planning permission. Officer advice therefore is that there would need to be cogent public benefits in favour of the turbine to override this presumption; The proposal will have some, albeit very minor, impact on the setting of the Church of All Saints, East Barsham; The Manor and Gatehouse, East Barsham; Church of St Peter and St Paul, Fakenham; Egmere Medieval Village and the Church of St Edmund; Bloodgate Hillfort; and Church of St Peter at Dunton together with a limited impact on the character and appearance of the Conservation Areas of Sculthorpe, Fakenham, East Barsham, Walsingham, and Hempton. In officers‟ view, harm to the setting and/or character and appearance of these heritage assets could give rise to a presumption against the granting of planning permission. Officer advice therefore is that the Committee must have regard to the impact on these heritage assets and approach the decision in a way that is consistent with sections 66(1) and 72 of the 1990 Act. IMPACT ON RESIDENTIAL AMENITY The turbine would be sited in a predominantly rural area. There are no properties within 500m of the turbine but approximately 40 properties within 1km of the turbine. The closest residential properties lie within two distinct groupings, to the south/southeast and to the north/northwest of the proposed turbine location. To the south/southeast lie residential properties at: Manor House and Manor Farm barns (circa 600m) Manor Farm Bungalow (circa 740m) Rectory (circa 770m) Properties along Creake Road (circa 850m) Properties along Moor Road (circa 900m) To the north/northwest lie residential properties at: Development Committee 69 23 April 2015 Cranmer Lodge (circa 660m) Cranmer Hall (circa 930m) The Coach House (circa 977m) Gardeners Cottage (circa 980m) Cranmer Hall Barn (circa 990) Home Farm (circa 1,200m) Cranmer Country Cottages (circa 1,300m) Homefield Cottages (circa 1,350m) IMPACT ON RESIDENTIAL AMENITY – VISUAL INTRUSION The proposed turbine, with a hub height of 49m and a height to blade tip of 78m, will undoubtedly be one of the tallest structures within the immediate location (this compares to Sculthorpe Church tower estimated at 22m tall). Established woodland planting primarily related to Cranmer Hall would serve to diminish the visual intrusion of the turbine to some degree (particularly at Cranmer Lodge and Home Farm to the north and around Manor Farm Barns and the Manor House to the south). However, the effect of tree screening would be diminished further to the south especially along Creake Road and Moor Lane. However, whilst the turbine will likely be visible to a number of residents above the trees either within their front or rear gardens, the majority of properties along Creake Road and Moor Lane are orientated east to west and therefore the turbine is unlikely to be a dominant or overbearing intrusion from internal rooms. This coupled with the distances generally in excess of 800m would suggest that the proposal would not result in significant overbearing impacts sufficient to justify refusal on these grounds alone. IMPACT ON RESIDENTIAL AMENITY - NOISE AND GENERAL DISTURBANCE When considering issues relating to noise and general disturbance, the Committee is advised to take account of advice within CS Policy EN 7 (Renewable Energy) and also advice within Policy EN 13 (Pollution and Hazard Prevention and Minimisation) which states: ‘All development proposals should minimise, and where possible reduce, all emissions and other forms of pollution, including light and noise pollution…Proposals will only be permitted where, individually or cumulatively, there are no unacceptable impacts on [amongst other things] the natural environment and general amenity; health and safety of the public; and the need for compliance with statutory environmental quality standards. Exceptions will only be made where it can be clearly demonstrated that the environmental benefits of the development and the wider social and economic need for the development outweigh the adverse impact’. In respect of noise, paragraph 123 of the NPPF includes the general aim that planning policies and decisions should avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of new development. Paragraph 124 goes on to seek that planning policies sustain compliance with and contribute towards EU limit values and national objectives for pollutants (which may include noise). A footnote refers to the national Noise Policy Statement for England (2010) (NPSE) which seeks to promote good health and a good quality of life through the effective management of noise within the context of Government policy on sustainable development. Its aims seek to both avoid significant adverse impacts and to mitigate and minimise adverse impacts. Its Explanatory Note refers to how significant adverse effects might be defined but acknowledges that it is not possible to have a single objective noise-based measure that is applicable to all sources of noise in all situations. No such measure is offered and Development Committee 70 23 April 2015 further research is advised. In that context the main national policy on control of noise from wind farms was previously set out in the former PPS22 and its Companion Guide. However this was replaced in March 2014 with the online Planning Practice Guidance. The Planning Practice Guidance sets out at Paragraph: 015 Reference ID: 5-015-20140306 that the ETSU-R-97 report – ‘The assessment and rating of noise from windfarms’ ETSU for the DTI (1996) (ETSU) should be used by local planning authorities when assessing and rating noise from wind energy developments. Good practice guidance on noise assessments of wind farms has been prepared by the Institute Of Acoustics. The Department of Energy and Climate Change accept that it represents current industry good practice and endorses it as a supplement to ETSU-R-97’. ETSU-R-97 gives indicative noise levels calculated to offer a reasonable degree of protection to wind farm neighbours, without placing unreasonable restrictions on wind farm development. The ETSU report recommended limits to turbine noise as summarised below: Normally, 5 dB above background subject to lower limiting values of: Daytime: 35 to 40 dBA in low noise environments (e.g. rural areas) Night time: 43 dBA, assuming bedroom window(s) open (Limiting values defined as LA90,10mins,free-field) It follows that compliance with ETSU recommended noise limits should avoid noise from giving rise to significant adverse impacts. Whilst a number of residents have raised concerns about noise impacts, until such time as government guidance indicates otherwise, the ETSU guidance remains valid and is used by the Planning Inspectorate when determining wind turbine appeals The applicant has submitted a noise assessment undertaken by Clement Acoustics. A copy of the Environmental Protection Officer comments are available at Appendix 3. The Environmental Protection Officer has confirmed the acceptance of the submitted noise report and subject to the imposition of conditions, the proposal would be in accordance with the requirements of ETSU, in compliance with CS Policies EN 13 and the relevant section within CS Policy EN 7 in relation to noise impacts. IMPACT ON RESIDENTIAL AMENITY - SHADOW FLICKER The Planning Practice Guidance (Paragraph: 020 Reference ID: 5-020-20140306) states: Under certain combinations of geographical position and time of day, the sun may pass behind the rotors of a wind turbine and cast a shadow over neighbouring properties. When the blades rotate, the shadow flicks on and off; the impact is known as ‘shadow flicker’. Only properties within 130 degrees either side of north, relative to the turbines can be affected at these latitudes in the UK – turbines do not cast long shadows on their southern side. Modern wind turbines can be controlled so as to avoid shadow flicker when it has the potential to occur. Individual turbines can be controlled to avoid shadow flicker at a specific property or group of properties on sunny days, for specific times of the day and on specific days of the year. Where the possibility of shadow flicker exists, mitigation can be secured through the use of conditions. Although problems caused by shadow flicker are rare, where proposals for wind turbines Development Committee 71 23 April 2015 could give rise to shadow flicker, applicants should provide an analysis which quantifies the impact. Turbines can also cause flashes of reflected light, which can be visible for some distance. It is possible to ameliorate the flashing but it is not possible to eliminate it’ The proposed turbine would have a maximum rotor diameter of 58m and therefore, using the guidance within the Practice Guide, only properties within 580m (10 x 58m) of the turbine and within 130 degrees either side of north would be likely to be affected. There are no known residential properties within this distance, the closest property being „Cranmer Lodge’ at approximately 660m north east of the proposed turbine. As set out above, Cranmer Lodge is substantially screened by trees in the direction of the turbine, and whilst the tip of the turbine may be visible, at this distance it is considered that shadow flicker would not occur given the maximum size of turbine proposed. Officers therefore consider that the proposal would be unlikely to give rise to instances of shadow flicker affecting neighbouring residential properties. IMPACT ON TELEVISION AND TELECOMMUNICATIONS SYSTEMS The Planning Practice Guidance (Paragraph: 017 Reference ID: 5-017-20140306) states: ‘Wind turbines can potentially affect electromagnetic transmissions (e.g. radio, television and phone signals). Specialist organisations responsible for the operation of electromagnetic links typically require 100m clearance either side of a line of sight link from the swept area of turbine blades’. In considering the impact of the turbine of television reception, the analogue signal was switched off in this area in Nov 2011 and, in theory, the digital signal should be stronger than the previous analogue signal. However, there is no information available other than in relation to the analogue signal to assess the impact on current television reception. Given the uncertainty surrounding the impact on television reception, if the Committee were minded to approve the application, Officers suggest that a suitably worded condition should be imposed requiring the applicant to submit a scheme to secure the investigation and alleviation of any electro-magnetic interference to TV and radio reception caused by the operation of the turbine. This is common practice in wind turbine decisions allowed at appeal. RESIDENTIAL AMENITY – OVERALL CONCLUSIONS Whilst the proposed turbine would be a significant addition to the skyline and would be visible to a significant number of residents at a variety of distances from the turbine base, given the distance from the closest residential properties it is not considered that the turbine could be said to result in significant adverse overbearing impacts, is not likely to result in significant adverse noise impacts nor is it likely to result in instances of shadow flicker at the closest residential properties. In addition, subject to the imposition of appropriate conditions, the proposal is not likely to have a significant adverse impact on television or radio reception. Therefore, in respect of impact on residential amenity, subject to the imposition of appropriate conditions the proposal is considered to comply with relevant Development Plan policies. IMPACT ON WILDLIFE/ECOLOGY When considering the impact on wildlife/ecology, the Committee is advised to take account of advice within CS Policy EN 7 (Renewable Energy) and Policy EN 9 (Biodiversity and Geology), which states: ‘All development proposals should: Development Committee 72 23 April 2015 protect the biodiversity value of land and buildings and minimise fragmentation of habitats; maximise opportunities for restoration, enhancement and connection of natural habitats; and incorporate beneficial biodiversity conservation features where appropriate. Development proposals that would cause a direct or indirect adverse effect to nationally designated sites [including AONB] or other designated areas, or protected species, will not be permitted unless; they cannot be located on alternative sites that would cause less or no harm; the benefits of the development clearly outweigh the impacts on the features of the site and the wider network of natural habitats; and prevention, mitigation and compensation measures are provided. Development proposals that would be significantly detrimental to the nature conservation interests of nationally designated sites will not be permitted. Development proposals where the principal objective is to conserve or enhance biodiversity or geodiversity interests will be supported in principle. Where there is reason to suspect the presence of protected species applications should be accompanied by a survey assessing their presence and, if present, the proposal must be sensitive to, and make provision for, their needs’. Committee should also take into account the advice contained within the National Planning Policy Framework (the NPPF) which specifically addresses the need for conserving and enhancing the natural environment at paragraphs 109 – 125. Paragraph 109 of the NPPF states: ‘The planning system should contribute to and enhance the natural and local environment by: protecting and enhancing valued landscapes, geological conservation interests and soils; recognising the wider benefits of ecosystem services; minimising impacts on biodiversity and providing net gains in biodiversity where possible, contributing to the Government’s commitment to halt the overall decline in biodiversity, including by establishing coherent ecological networks that are more resilient to current and future pressures.’ In considering the application, the Committee needs to be satisfied that the likely impacts of the proposed single wind turbine on wildlife and ecology are known and understood to ensure that there are no likely significant adverse impacts on protected species or other important flora and fauna either on the site or passing over the site. The applicant has submitted an Extended Phase 1 Habitat Survey produced by Peak Ecology Ltd. The report highlights that there are no statutory or non-statutory designated sites for conservation with 2km of the survey area. The survey identified that the land affected by the proposed development is predominantly arable with hedgerow field boundaries and some scrub, woodland and ruderal vegetation nearby. The survey did Development Committee 73 23 April 2015 not reveal the presence of any protected species on site; however the habitats present were suitable for breeding birds and foraging/commuting badgers and/or bats. The Landscape Officer considers that the report has been prepared in accordance with recognised standards and procedures by suitably qualified ecologists and is accepted as being fit for purpose. The report provides a comprehensive impact analysis of the proposed wind turbine in respect of its size and location and potential impacts on habitats and species and does not highlight any specific concerns. The conclusions of the report are concurred with by the Landscape Officer and it is not considered that the proposed turbine would have any significant adverse effect on protected species (such as bats, badgers and breeding birds) or the interest features of the North Norfolk Coast Special Protection Area (SPA) that is located approximately 12km to the north of the site. Some mitigation has been proposed to reduce the potential for minor impacts. It is considered that if these mitigation measures are secured via a condition of planning, the impact of the proposed turbine on biodiversity would be minimal and consistent with the aims and objectives of Policy EN9 of the Core Strategy and NPPF. IMPACT ON AVIATION Consultations have been undertaken with the Ministry of Defence (MOD), National Air Traffic Services (NATS En Route) and Norwich Airport. Whilst a number of residents have raised concerns about the safety of a turbine near to an active air strip used by both UK and US aircraft (including low flying Osprey and Apache helicopters), consultees have responded on the basis that, subject to the imposition of conditions, including the provision of aviation lighting, the proposed turbine would not give rise to safeguarding concerns nor would it cause interference to Air Traffic Control and Air Defence radar installations (nor pose an unacceptable risk to low flying aircraft). Officers have sought to re-confirm the position of the Ministry of Defence and the response of no objection subject to conditions remains. The proposal therefore complies with relevant Development Plan policy. IMPACT ON HIGHWAY SAFETY & PUBLIC RIGHTS OF WAY The applicants have set out the proposed route for the turbine components which would arrive at site from the west (port of King’s Lynn) on the A1078 and then onto the A148 turning left onto the B1355 and then left into the application site. The Highway Authority have confirmed that they are satisfied with the information submitted by the applicant subject to conditions requiring a construction traffic management plan and provision of wheel wash facilities. In respect of the impact of the proposed turbine on Public Rights of Way (PROW), the closest footpath is Sculthorpe FP1 more than 800m away from the proposed turbine site. Whilst the turbine is likely to be visible from this footpath, the impact would be limited by virtue of the distance from the turbine site. In respect of matters relating to highway safety and public rights of way, subject to the imposition of conditions, the proposal is considered to accord with Development Plan policies. IMPACT ON TOURISM & OTHER SECTORS A number of representations have suggested that the proposed turbine would have an adverse impact on tourism and this in turn would have an adverse economic impact on the area. Development Committee 74 23 April 2015 Whilst there is no doubt that the addition of a turbine would have an adverse landscape impact (see Landscape and Visual Impacts), a decision to refuse the turbine based on its potential to reduce tourism in the area would be very difficult to substantiate without hard evidence. Objectors in relation to recent turbine applications in North Norfolk have referred to the tourist industry of North Norfolk having an estimated worth of £416m and employing over 9000 people in 2012. Objectors in those cases have also suggested that various surveys show that between 20% and 40% of tourists could be put off visiting an area by the presence of wind turbines and have implied that if only 10% were deterred this would result in a devastating loss of 900 jobs and £40m each year to North Norfolk‟s economy. Officers have not been made aware of any clear or definitive evidence to support a link between the introduction of turbines and a reduction in tourism numbers and, in any event, there are many factors outside the control of the Local Planning Authority which would influence tourism in the North Norfolk Area. The impact on the wider tourism offer and the image of North Norfolk as an unspoilt area would be difficult to accurately gauge. In considering the impact on tourism, without firm evidence to substantiate a significant adverse impact, officers would advise against refusal on those grounds. BENEFITS OF THE PROPOSED DEVELOPMENT Taking account of the requirement under CS Policy EN 7 that turbines above 15m should ‘deliver economic, social, environmental or community benefits that are directly related to the proposed development and are of reasonable scale and kind to the local area’ and taking account of the advice within the NPPF that, when considering renewable energy proposals, any identified harm should be weighed against the public benefits of the proposal, the applicant has set out the following benefits attributable to the proposed development. RENEWABLE ENERGY BENEFITS In considering the renewable energy benefits of the proposal, the applicant, in their design and access statement has referred to the fact that ‘The NPPF states that the wider economic benefits of all proposals for renewable energy projects at whatever scale are material considerations that should be given significant weight in determining whether proposals should be granted planning permission’. However, the applicant has not set out the likely electricity generation from the proposed turbine and therefore it is difficult to gauge exactly what renewable energy benefits will be derived and this is important, particularly when having regard to assessing whether the public benefits are sufficient to outweigh any identified harm to heritage assets. The size and capacity of the turbine (coupled with the average wind speed of this area of between 4.1 to 5.1 metres/second – Source: Met Office) would suggest an electricity yield estimated at enough electricity for approximately 200 homes (using the latest 2010 Department for Energy and Climate Change (DECC) figures for the amount of electricity consumed by an average UK household (4,359 kWh)). This would make a positive contribution towards renewable energy generation and therefore some weight can be afforded to this in favour of the proposal. OTHER ECONOMIC / COMMUNITY / LANDSCAPE /HERITAGE ASSET BENEFITS The applicant has not set out any other economic, community, landscape or heritage asset benefits within the submission. Development Committee 75 23 April 2015 The Committee cannot therefore afford any weight to other benefits. ASSESSMENT UNDER POLICY EN7 The commitment to grant planning permission for renewable energy technology, contained in Policy EN7, is not relevant to this proposal, since it will have significant adverse effects on the landscape and historical assets. The committee must consider the benefits of renewable energy gain, including the contribution to overcoming energy supply problems, and balanced these benefits against the significant adverse effects outlined above. Officers consider that the benefits of renewable energy gain, including the contribution to overcoming energy supply problems are clearly outweighed by the adverse effects of the proposal relating to landscape and historic asset impacts. As such it is considered that the proposal does not accord with policy EN7. OVERALL SUMMARY The application is required to be determined in accordance with the development plan unless material considerations indicate otherwise. The proposal seeks to erect a single wind turbine with a hub height of 49m and a height to blade tip of 78m on land at Manor Farm, Cranmer which is located at approximately 47m AOD. Officers have sought to set out the relevant policy tests within this report and having considered all of the evidence available, it is considered that the key planning issues hinge on an assessment of the impact of the proposed turbine on the wider landscape and on heritage assets, balanced against any public benefits (including renewable energy benefits) that might arise as a result of the proposal. The Council is also required to apply the statutory presumption against a grant of planning permission where the proposed turbine would adversely affect the setting of a listed building or the character and appearance of a conservation area, and consider whether this presumption is outweighed by the public benefits of the proposal (including renewable energy benefits). Officers consider that, subject to the imposition of conditions, the proposal would generally accord with Development Plan policy in relation to impacts on residential amenity (including noise impacts), impacts on wildlife and ecology, aviation, highway safety and tourism, as detailed above, such that refusal in relation to these matters alone could not be substantiated or justified. In relation to landscape impacts, the Council‟s Landscape Officer considers that the proposed turbine will have a moderate/major adverse impact on a landscape that is currently intact and in good condition. The proposed turbine would erode the character of the landscape reducing the overall condition of the landscape to „fair‟. Furthermore, it is considered that the turbine would introduce a visually discordant element within the Historic Park and Garden of Cranmer Hall affecting the setting of the hall and the locally designated park and garden. The proposal therefore does not comply with Policy EN2, in that it has failed to demonstrate that its location, scale and design will protect and conserve the special qualities and local distinctiveness of the area (including its historical character), visually sensitive skylines, hillsides and the setting of and views from historic parks and gardens. In relation to heritage assets, whilst the proposed development would not physically result in loss of historic fabric it is considered that the proposal would result in a significant level of harm to the setting of a number of highly-graded Listed Buildings. The proposal would also result in some (albeit very minor) harm to the character and Development Committee 76 23 April 2015 appearance of Sculthorpe, Fakenham, East Barsham, Walsingham, and Hempton Conservation Areas. Each listed building, and each conservation area, needs to be considered in order for the Committee to fulfil its duty under sections 66(1) and 72 of the LBCA Act 1990 to pay “special attention” to the “desirability of preserving” the setting of listed buildings, and the character and appearance of conservation areas – i.e. apply a statutory presumption. This is not a simple balancing exercise, but a question of whether there is justification for overriding the presumption in favour of preservation. Accordingly, in relation to each listed building and each conservation area, the Committee will have to consider whether it accepts that there is harm and whether the presumption against planning permission which arises as a result of any harm is outweighed by the public benefits of the proposal (including renewable energy benefits). Officer advice is that, in relation to the harm that the proposal will cause to the setting of the Church of St Mary and All Saints, Sculthorpe, Cranmer Hall (including the locally designated park and garden associated with the Hall) and Manor House/ Manor Farm, Sculthorpe there would need to be compelling public benefits in favour of the turbine to outweigh the presumption. The applicants have not clearly set out the renewable energy benefits of the proposal and Officers have estimated the turbine would generate enough electricity for approximately 200 average sized homes No other benefits have been set out by the applicant in favour of the proposal. Officers consider that the benefits of renewable energy gain, including the contribution to overcoming energy supply problems are outweighed by the adverse effects of the proposal relating to landscape and historic asset impacts. As such it is considered that the proposal does not accord with policy EN7. Having regard to the proposal as a whole it is considered that there are insufficient compelling public benefits to outweigh the identified harm. RECOMMENDATION – REFUSAL The proposal does not comply with the Development Plan in that it does not comply with the following policies: EN 2 - Protection and enhancement of landscape and settlement character EN 7 - Renewable energy The proposed turbine would result in harm to setting of number of heritage assets, some of which are of the highest designated category including of the Church of St Mary and All Saints, Sculthorpe, Cranmer Hall (including the locally designated park and garden associated with the Hall) and Manor House/ Manor Farm, Sculthorpe. Whilst this harm is ‘less than substantial’ in terms of the NPPF, it is still significant. The statutory presumption in section 66(1) of the Planning (Listed Buildings and Conservation Area) Act 1990 against planning permission being granted in light of the effect of the proposal on the settings of the above identified listed buildings is not outweighed by the public benefits of the proposal, including the renewable energy benefits. Furthermore, having regard to paragraph 98 of the NPPF, the harmful impacts of the proposal are not and cannot be made acceptable. Development Committee 77 23 April 2015 In addition the proposed turbine would incur harm to the landscape (particularly landscape character area Rolling Open Farm Land (ROF) 1) that is currently intact and in good condition. The proposed turbine would erode the character of the landscape reducing the overall condition of the landscape.. Furthermore, it is considered that the turbine would introduce a visually discordant element within the Historic Park and Garden of Cranmer Hall affecting the setting of the hall and the locally designated park and garden. These impacts are considered to be significant and contrary to Policy EN2. Having regard to the above identified significant adverse impacts on landscape and heritage assets it is considered that the benefits of renewable energy gain (including the contribution to overcoming energy supply problems) do not outweigh the identified harm and, as such, the proposal would not accord with Policy EN 7. 8. SHERINGHAM - PF/15/0001 - Demolition of existing buildings, erection of 32 no. dwellings, accesses, roads, open space and associated works; Hilbre, Holway Road for Norfolk Homes Major Development - Target Date: 06 April 2015 Case Officer: Mr J Williams Full Planning Permission CONSTRAINTS Unclassified Road Cycleway Development within 60m of Class A road Controlled Water Risk - Medium (Ground Water Pollution) Area of Outstanding Natural Beauty Residential Area S106 RELEVANT PLANNING HISTORY PO/2003/0995 - Residential development Approved 10/04/2008 PO/11/0440 - Residential development (extension of time limit for implementation of permission ref: 03/0995) Approved 26/06/2013 DP/14/1200 - Prior notification of intention to demolish former school building with classroom block Approved 09/10/2014 THE APPLICATION The proposals are for a mix of terraced, semi-detached and detached two storey properties. Dwelling sizes range from one to five bedroom units. Three points of access are proposed; two via an existing road junction onto Holway Road (which also serves the adjoining community centre) and one via Snaefell Park, an adjacent housing estate. Thirteen of the dwellings would have their vehicular access from Holway Road and nineteen from Snaefell Park. A 2m wide footpath is proposed through the site to provide a pedestrian link between Snaefell Park and Holway Road. An area of public open space is proposed (700 sqm approx). External building materials are to comprise a mix of brick, coloured render, timber Development Committee 78 23 April 2015 cladding and slate coloured tiles. Surface and foul water disposal is proposed via mains connections at the adjoining Snaefell Park estate. An on site attenuation tank is proposed to regulate surface water flows. Amended plans have been submitted which incorporate minor re-positioning of certain plots, detailed house design revisions and changes to certain roof and brick materials. Accompanying the planning application is an application under the Council's Housing Incentive Scheme to reduce the amount of affordable housing to 20% (6 units) together with a relaxation of renewable energy and sustainable homes code level requirements. Submitted with the application are the following documents: Planning/Design and Access Statement Flood Risk Assessment Protected Species Survey Arboricultural Impact Assessment Landscape Statement Contamination Report Draft S.106 Planning Obligation REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Shepherd having regard to the following planning issue(s): Access. A Committee site visit was held on 16th April. TOWN COUNCIL Raises no objection to the design and materials to be used for the dwellings but does object to the main access being from Snaefell Park. Would like to see the main point of access being from Holway Road. REPRESENTATIONS Letters received from nine local residents raising the following objections and concerns: Vehicle access to a major part of the development via Snaefell Park estate in terms of highway / pedestrian safety and residential amenity. Vehicle access should be from Holway Road only. Snaefell Park is not adequate to cater for the additional traffic which will result from the proposed development. Access from Snaefell Park onto Holway Road is difficult. Colours to the proposed render finishes. Relationships with certain adjoining properties in terms of overlooking and overshadowing. Drainage. Construction traffic Absence of renewable energy being incorporated as part of the development. House designs different to Snaefell Park. Protection of slow worms on the site Letter of objection received from the Sheringham Society to the access proposals from Snaefell Park. CONSULTATIONS Anglian Water - Advises that there is available capacity at the Cromer Wastewater Recycling Centre and the sewerage network to cater for the development. Comments Development Committee 79 23 April 2015 that the preferred method of surface water disposal would be to a sustainable drainage system. The surface water strategy/flood risk assessment submitted with the application relevant to Anglian Water is acceptable. Environment Agency - No objection subject to a condition relating to surface water drainage. Norfolk County Council (Planning Obligations) - Advises that there is sufficient capacity at the local primary and high schools to cater for the proposed development. Financial contributions are sought towards library provision (£60 per dwelling) and fire hydrant provision. Norfolk County Council (Highways) - No objection subject to conditions in respect of road construction and construction traffic details. Strategic Housing Officer - Advises that there is a need for affordable housing in Sheringham with 113 households on the Housing Register and in addition there are a further 127 households on the Transfer Register and 727 households on the Housing Options Register who have stated that they require housing in Sheringham. With reference to the accompanying Housing Delivery Incentive Scheme application (to reduce the affordable housing provision from 45% to 20%), supports a timescale for delivery on the basis of requiring site clearance works, construction of the main access road carriageway up to base course together with sewers and utilities beneath and completion of 6 dwellings within 18 months of the date of planning permission. Comments as follows on the tenure mix of the 6 (20%) affordable dwellings proposed which comprise: Rented Shared Equity 1 x 1 Bedroom House 2 x 2 Bedroom Houses 2 x 1 Bedroom Houses 1 x 2 Bedroom House "The shared equity dwellings were initially proposed to be provided at 75% of the open market value, although it has now been agreed with the applicant that they will sold at a share which is affordable based on local incomes and local house prices. Policy H02 of the Core Strategy states that the tenure and mix of the affordable housing should reflect the identified housing need at the time of the proposal and should contribute to the Council‟s target that 80% of the affordable dwellings are provided for rent. The proposed mix that only 50% of the affordable dwellings are for rent is a concern as this site is not contributing to the Council‟s target and there are only limited opportunities to provide affordable housing in Sheringham. The applicant has not stated that the viability of the proposed scheme requires that 50% of the affordable dwellings are provided for shared equity and so this tenure split cannot be supported. Comments as follows on the tenure mix of the 14 (45%) affordable dwellings proposed which comprise (in the event the delivery requirements of the Housing Delivery Incentive Scheme not being met): Rented Shared Equity 1 x 1 Bedroom House 2 x 1 Bedroom Flats 4 x 2 Bedroom Houses 2 x 1 Bedroom Houses 1 x 2 Bedroom Flat 4 x 2 Bedroom Houses Development Committee 80 23 April 2015 "The proposed mix of affordable dwellings does not reflect the identified housing need for Sheringham as it does not include larger family dwellings for rent or sufficient rented dwellings and this mix is therefore not supported." Comments as follows on the location of the proposed affordable dwellings within the development: "The affordable dwellings are grouped into one part of the site which is not an issue if 20% of the total number of dwellings are affordable, however, if 45% of the dwellings are affordable, this will result in 14 affordable dwellings being provided in one group of which 11 will be served by a separate access from the rest of the site and the market dwellings. This results in a poor integration of the market and affordable dwellings across the whole site. It is however, noted that the proposed scheme has a contemporary design theme which is applied to both the affordable and market dwellings so that the affordable dwellings are visually integrated into the overall scheme." Comments as follows in respect of the type of affordable housing proposed on this site and another in Sheringham applied for by the same developer: "The applicant currently has another planning application for the provision of 52 dwellings on the other side of Holway Road, this site has also been accompanied by a Housing Delivery Incentive Scheme application to reduce the affordable housing provision to 20%. The proposed mix for the affordable housing on this second site is also on the basis that 50% will be for rent and 50% for sale on a shared equity basis. The two sites together fail to provide the most appropriate affordable housing provision to meet the identified housing need for Sheringham as they do not provide a 4 bedroom house for rent within the 20% affordable housing mix and provide insufficient rented dwellings. The proposed mix for 45% affordable housing across both sites also does not provide the most appropriate affordable housing provision to meet the identified housing mix because of the lack of larger dwellings for rent and the high proportion of shared equity dwellings. Whilst it is acknowledged that there is currently no intermediate affordable housing in Sheringham, there is also a clear need for rented affordable housing which these sites do not adequately address." Recommends certain revisions to the draft S.106 Agreement in terms of the timing of the affordable housing provision in relation to the market housing. Conservation and Design Officer - Comments that the proposed layout "raises no particular concerns from a design point of view and in fact offers a relatively intimate and additive footprint upon which to build the three-dimensional scheme. This refreshing lack of regimentation has the potential of creating a layered scheme in which the buildings potentially take the lead over the carriageways." With regard to the proposed house types comments that "the applicants have on this occasion opted for a more contemporary architect-designed approach. This is to be welcomed in principle given the mixed form and character locally and the fact that the site lies well beyond the historic core of the town. Elevationally, this approach generally works well on the majority of the plots. However, there are a few localised instances where some of the detailing could perhaps be improved or where the individual designs err back to the 1970s rather than forward to the 2010s. In respect of the choice to incorporate elements of coloured render comments that "whilst certainly not averse to the use of strong colour...... rather than compliment, however, these colours could potentially clash and create excessive contrast. Ideally a more harmonious suite of colours should be chosen to increase the coherency of the Development Committee 81 23 April 2015 end result". In addition suggests a different choice of brick and a variation in roof materials. Comments on amended plans awaited. Landscape Officer - Comments that the site previously contained a number of mature trees, many of which have been removed in consultation with the Council's tree officer. Those remaining trees which are shown to be retained will provide a welcome mature backdrop to the development. The accompanying landscaping proposals which include additional trees and shrub planting throughout the site, boundary hedge planting and the area of open space are considered acceptable. Recommends conditions in respect of tree protection and securing the landscaping proposals. Notes that slow worms (protected under the Wildlife and Countryside Act) have already been translocated off the site with the cooperation of Natural England. The development could potentially offer small biodiversity enhancement opportunities through the use of native planting within the landscaping scheme, provision of bat and bird boxes and the sowing of a wildflower mix within the open space. Countryside and Parks Manager - Comments that the development provides for about 700sqm of public open space which is below that which would normally be required. However the nearby Pretty Corner Woods provides extensive open public access and the land at Morley Hill will supplement this when available. There is therefore excellent provision of public open space in the immediate vicinity of the development. Points out that it is unlikely that the District Council would wish to adopt the proposed area of open space. Environmental Health - Requests surface water drainage condition. Norfolk Constabulary (Architectural Liaison Officer) - No concerns raised. 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 3: Housing (strategic approach to housing issues). Policy SS 12: Sheringham (identifies strategic development requirements). Policy HO 1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). Policy HO 2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). 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 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads Development Committee 82 23 April 2015 (prevents developments which would be significantly detrimental to the areas and their setting). 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 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. Development layout. 2. Access arrangements / highway safety. 3. Dwelling mix and type. 4. Design / external materials 5. Relationships with adjacent properties APPRAISAL Site location / characteristics The site (1.18 ha.) comprises land formally belonging to a private school which has been disused for in excess of 20 years. It is located off to the eastern side of Holway Road (A1082) a main arterial route serving Sheringham, and set back bordering onto a former layby which now provides access to the adjacent new community centre. The site borders the community centre to the south and existing residential development on its remaining boundaries. Irregular in shape the site has a change in gradient (approx 5-6 metres) between its western boundary (towards Holway Road) and its north/eastern boundaries (adjoining the Snaefell Park estate). There are a number of trees around the site's perimeter. Principle of development The site is located within the identified development boundary for Sheringham and is designated 'residential' in the adopted Core Strategy proposals map. Furthermore the site has the benefit of an extant outline planning permission for residential development. The principle of developing the site for housing is therefore established. Layout and access considerations Overall the proposed layout is considered acceptable. The distribution, orientation and variety of dwelling types across the site, together with the provision of open space, retention of several trees, pedestrian linkages and the utilisation of the change in land levels all contribute towards making this a good quality residential development .In terms of relationships with existing neighbouring properties there are two instances where concerns have been raised with the applicants. The submitted amended plans have not fully addressed these concerns and further revisions are being sought. The density of the development (27 dwellings per hectare) is appropriate for this location and in keeping with nearby existing housing development. The main issue which has raised objection to the application relates to the access arrangements and in particular the proposed road link via the Snaefell Park estate. As Development Committee 83 23 April 2015 proposed, an existing small cul-de -sac (which currently serves three properties) would be extended to serve an additional 19 dwellings. The Highway Authority's position on this issue is clear in that they have raised no objection to the application. As a means of explanation to local residents' concerns the highway officer has commented as follows; "Whilst the proposals would no doubt increase traffic on Snaefell Park it is the view of the Highway Authority that the existing estate roads are technically adequate in terms of width, alignment and construction to cater for the additional traffic. In light of this there would appear no grounds on which the Highway Authority could substantiate a recommendation of refusal." Housing mix / affordable housing provision Core Strategy Policy HO1 requires that new housing developments should comprise at least 40% of dwellings with no more than one or two bedrooms. The proposed development more than meets this requirement with 47% of the proposed dwellings comprising 2 or less bedrooms. Core Strategy Policy HO2 requires that on developments of this size, 45% of the dwellings should be 'affordable', subject to viability. However, as mentioned above, the applicants have applied under the Council's Housing Incentive Scheme to reduce the amount of affordable housing provided to 20%. This would be subject to a legal undertaking (S.106 Obligation) to secure early implementation of the development (construction of the main access road to base course, sewers and utilities beneath and the construction of 6 dwellings within 18 months).The application also provides details of 45% affordable housing provision (14 units) in the event of the Housing Incentive Scheme requirements not being met. Members attention is drawn to the comments (above) of the Council's Strategic Housing Officer, who raises concerns regarding the proposed tenure mix of the affordable dwellings (shortfall in rented properties) and the absence of larger family dwellings within this mix. These matters are being raised with the applicants and members will be updated at the meeting. Design / external materials The applicants have adopted a modern / contemporary approach to the house designs which contrast with the more traditional designs on the adjoining Snaefell Park estate (built by the same developer some 10 -15 years ago). As referred above in the comments of the Conservation and Design Officer this approach is to be welcomed, subject to certain number of detailed design amendments. This contemporary approach is also reflected in the proposed choice of external materials. All the dwellings incorporate brickwork and varying elements of timber boarding. In addition several of the units include elements of coloured render and zinc roofing. The render colours proposed are relatively bold (blue, yellow, olive, red and orange). For the most part these colours will be visible from within the development. The further comments of the Conservation and Design Officer will be reported at the committee meeting. Conclusions This site has been disused and in an abandoned condition for a number of years and its redevelopment is to be welcomed. The application is locally contentious in view of the proposed access arrangements, but there would appear to be no substantive grounds to object to this aspect of the application on grounds of highway safety or residential amenity. Overall the proposed development is considered to be acceptable, subject to the resolution of minor revisions to the layout (relationships with adjoining properties) Development Committee 84 23 April 2015 and subject to the comments of the Conservation and Design Officer on the recently submitted amended plans. RECOMMENDATION: Delegated authority to approve subject to the satisfactory resolution of minor changes to the site layout, affordable housing mix, no objection from the Conservation and Design Officer to the amended plans, completion of a S.106 Planning Obligation and the imposition of appropriate conditions. 9. SHERINGHAM - PF/15/0104 - Erection of single-storey rear and side extensions; 13 St Austins Grove for Ms G Woolrych - Target Date: 24 March 2015 Case Officer: Mrs G Lipinski Householder application CONSTRAINTS Settlement Boundary Residential Area RELEVANT PLANNING HISTORY DE21/14/0033 ENQ - Extension 21/03/2014 THE APPLICATION The plans seek permission to erect a single-storey rear (north elevation) extension with side extensions to the east and west elevations. The plans indicate the extensions would measure 13m W x 4.3m D (tapering to 2.7m D) x 3m H giving additional floor space of 68sq.m. The original dwelling and existing extension have a floor space of 95sq.m. The proposed extension would increase the overall size of the property by 71%. The proposed development is not eligible for the „Larger Single-Storey Extension Permitted Development‟ as the extension projects beyond the sides walls making it a side and rear extension. The plans indicate the extensions would have a render finish, uPVC doors and windows and a fiberglass flat roof. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr. R. Smith, with regard to the size and design of the proposed extension, specifically the proposed extensions flat roof. TOWN COUNCIL Sheringham Town Council: The Town Council object to the proposal on the following grounds: The town council have concerns over the flat roof, they would like to see a pitched roof as an extension of this size would be out of keeping for a flat roof. Also an extension of this size is out of keeping with surrounding developments. REPRESENTATIONS There have been no representations Development Committee 85 23 April 2015 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): SS1: Spatial Strategy for North Norfolk SS12: Sheringham EN4: Design MAIN ISSUES FOR CONSIDERATION 1. The design of the extension with regard to its flat roof and size. 2. The impact of extension on the form and character of the surrounding area. APPRAISAL The property at 13 St Austin's Grove is a modest, single storey, hipped roofed residential dwelling with a flat roofed single-storey rear extension. The site is narrow and relatively steep with the existing dwelling located on land to the rear of the site where the site widens. The development site is surrounded by two-storey dwellings. The neighbouring properties on St Austin's Grove lie forward of No.13 and to the rear elevation lie the rear gardens of numbers 34 and 35 Nelson Road. Policy SS1 & SS12 St Austin's Grove lies in a residential area and settlement boundary of Sheringham. Sheringham is defined in the adopted North Norfolk Core Strategy as a secondary settlement. Subject to compliance to relevant Core Strategy policies development in secondary settlements is in principle acceptable. The proposed extension is considered compliant with the aims of Core Strategy Policies SS1 and SS12. Policy EN4 Policy EN4 states all development should be of a high quality, reinforce local distinctiveness and preserve and enhance the character of the area. Additionally, development should not have a significantly detrimental effect on the residential amenity of nearby occupiers. In terms of design: the constraints of the site in terms of steepness and limited width have proved challenging with regard to extending the existing property. The applicant considered the possibility of demolishing the existing property and rebuilding but the cost was prohibitive. The proposed extension, whilst significantly larger than the existing flat roofed rear extension, would, for the most part, be tucked behind the existing dwelling with 1.2m Development Committee 86 23 April 2015 extending beyond both the east and west elevations, which when viewed from the road would be virtually unnoticeable. Furthermore, given the siting of the dwelling within the topography of the site, the extension would not be significantly visible from the neighbouring properties to the side or rear elevations. St Austin‟s Grove contains a range of property types and styles, generally they are large two-storey detached dwellings sited on relatively large plots. Given the modest proportions and the typical appearance of this 1950s bungalow, it is considered that the proposal, by virtue that it would be largely sited to the rear of the host dwelling, would not detract from the host dwelling, neighbouring properties or the form and character of the area. The Local Development Framework Design Guide Supplementary Planning Document paragraph 3.6.2 states, "Flat roof forms are not normally acceptable. However,…flat roofs can be considered providing the building to be extended is of no real architectural merit". On balance it is considered the proposal is acceptable in terms of design. In terms of Basic Amenity Criteria (BAC): the siting of the proposed development and its single-storey form suggests it would not be considered overbearing. To the side elevations the proposed fenestration would not significantly exceed what which is already present. The fenestration to the rear elevation would include an obscured glazed bathroom window and eaves height bedroom window. The rear elevation windows would overlook the rear boundary fence/hedge. It is considered the proposal is acceptable in terms of Basic Amenity Criteria. The development as proposed is considered to be in accordance with adopted Development Plan policies. RECOMMENDATION: APPROVE subject to conditions listed below (i) The development to which this permission relates must be begun not later than the expiration of five years beginning with the date on which this permission is granted. (ii) This permission is granted in accordance with the amended plans (drawing number GA20 REV1) received by the Local Planning Authority on 31 March 2015. (iii) 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. (iv) 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 extension hereby permitted (including the insertion or any further windows or rooflights) shall take place unless planning permission has been first granted by the Local Planning Authority. Development Committee 87 23 April 2015 10. THURSFORD - PF/15/0028 - Erection of single-storey extension to side/rear of existing annex accommodation; Heath House, Brick Kiln Road for Mr Graham-Wood - Target Date: 05 March 2015 Case Officer: Mrs G Lipinski Householder application CONSTRAINTS Countryside Policy Area RELEVANT PLANNING HISTORY PLA/20091042 HOU Conversion of Former Workshop to Annexe Approved 15/12/2009 THE APPLICATION The plans seek permission to extend the existing annexe accommodation with the erection of a single-storey extension to the side (east elevation) and rear (north elevation). The plans indicate the proposed extension would be constructed of materials similar to the existing structure. The proposed extension would measure approximately 52sq.m., this equates to a 130% increase to the size of original annexe accommodation. Within the submitted details the applicant states: larger annexe accommodation is required as the resident of the annexe (the son of the occupant of the host dwelling) wishes to marry and start a family. REASONS FOR REFERRAL TO COMMITTEE Deferred at the last meeting for a committee site visit. Previously at the request of Cllr. A. Green with regard to the building remaining as an annexe with continued dependency to the main dwelling. PARISH COUNCIL Thursford Parish Council: To date (6 March 2015) the Parish Council has not responded REPRESENTATIONS There have been no representations 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, 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): Development Committee 88 23 April 2015 Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). MAIN ISSUE FOR CONSIDERATION Principle of development APPRAISAL Heath House is a large two-storey detached dwelling set within substantial grounds. An enclosed courtyard lies to the rear of the property. The courtyard comprises of single storey buildings. To the rear of the courtyard area lies a three bay garage block and the existing annexe. The existing annexe lies at a right angle to the garage block and was formally a workshop. The former workshop was granted permission for change of use to annexe accommodation in 2009 (PF/09/1042). The site has been the subject of a Committee site visit. Policy SS2 The site is located in an area defined by the North Norfolk adopted Core Strategy as Countryside. Policy SS2 of the adopted Core Strategy states development in such a designated area is limited to that which supports the rural economy and meets a local housing need. The policy is designed to discourage the proliferation of dwellings in areas where public services are limited, resulting in a dependency on travel by car to reach basic services, in favour of more sustainable development in the designated growth settlements. However, Policy SS2 does make provision for annexe accommodation. Residential annexe accommodation is accommodation within a residential curtilage and ancillary to accommodation available in a main dwelling. Ancillary accommodation provides semi-independent living to a family member/relative or an individual with some personal connection to the main dwelling. An annexe should form part of the same "planning unit" by sharing the same access, parking and garden so as to avoid the annexe becoming a self-contained dwelling, separate and apart from the original dwelling. The criteria for assessing an application for annexe accommodation concerns: the physical relationship between the main dwelling and the annexe, the size/scale and use of the annexe and could the annexe be used as part of the main dwelling once the dependency need has ceased. The existing annexe at Heath House has a relatively close physical relationship to Heath House and its modest size suggests it would have some degree of dependency upon the main dwelling. Furthermore, the annexe is currently being used as a unit of accommodation by the son of the occupants of Heath House. Whilst the proposed extension would not change the relationship between the annexe and Heath House it would significantly increase the size of the annexe. The floor space would increase from 40sq.m to 92sq.m equating to a 130% increase of the original annexe. The annexe's increased size would enable it to accommodate more facilities thereby reducing its dependence upon Heath House. In addition, its use as a family residence suggests the annexe would be taking on the characteristics of a separate dwelling. Furthermore, the plans show the annexe as having its own amenity area and car parking Development Committee 89 23 April 2015 for two vehicles. Given the host property has two vehicle accesses off Brick Kiln Road, one of which could serve the annexe without detriment to the host property further suggesting the annexe's potential independence from the host dwelling. It is considered that the proposal is contrary to Policy SS2 in that the proposed extension to the existing annexe would constitute an unsatisfactory form of development, tantamount to the creation of a new dwelling in the countryside by reason of its size, facilities, amenities and use as a family home. It is also considered that the annexe's use as a family home would be in breach of condition number 3 (PF/09/1042) which states, "The annexe accommodation hereby approved shall not be occupied at any time other than the purposes ancillary to the residential use of the dwelling known as Heath House, Brick Kiln Lane, Thursford". Policy EN4 The aim of Core Strategy Policy EN4; is that development should be designed to a high standard, reinforce local distinctiveness and should not have a significantly detrimental effect on the residential amenity of nearby occupants. With regard to Policy EN4 in terms of design: the 130% increase in the annexe‟s floor space would result in a disproportionate increase in size and scale to the existing building. In addition the proposal has a 'bulky/boxy' appearance which would form an awkward relationship with the linear appearance of the existing annexe and garage block. With regard to Policy EN4 in terms of Basic Amenity Criteria: despite the substantial size of the proposal it would not result in a significant negative impact on the amenities of the neighbouring dwellings. Although the design of the proposed extension lacks finesse, it is considered that given the site is set back from the highway and screened from public view via mature hedging and trees it would be difficult to sustain an objection to the proposal on design grounds. RECOMMENDATION: To Refuse for the reasons specified below: The District Council adopted the North Norfolk Core Strategy on 24 September 2008, and subsequently adopted Policy HO9 on 23 February 2011, for all planning purposes. The following policy statements are considered relevant to the proposed development: SS 2 - Development in the Countryside It is the opinion of the Local Planning Authority that the proposal would constitute an unsatisfactory form of development, tantamount to the creation of a new dwelling in the countryside by reason of its size, facilities, amenities and use as a family home. The proposed development would constitute a breach to condition number 3 of planning permission PF/09/1042 which states, “the annexe shall not be occupied other than for purposes ancillary to the dwelling known as Heath House, Brick Kiln Road, Thursford. NR21 0BQ”. Development Committee 90 23 April 2015 11. WELLS-NEXT-THE-SEA - PF/14/1583 - Alterations to dwelling including the erection of a single-storey front extension and installation of front balcony, the erection of two-storey and single-storey rear extensions and the installation of render and cladding to the front and rear of dwelling; East Quay House, East End for Mr S Howe - Target Date: 28 January 2015 Case Officer: Miss J Young Householder application CONSTRAINTS Conservation Area Area of Outstanding Natural Beauty Flood Zone 3 RELEVANT PLANNING HISTORY PF/14/1030 HOU Alterations to dwelling including erection of second floor extension Withdrawn by Applicant 06/10/2014 THE APPLICATION Alterations to dwelling including the erection of a single-storey front extension and installation of front balcony. The erection of a part single-storey and two-storey rear extension and the installation of render and cladding to the front and rear of dwelling. Amended plans received revising the design to incorporate retention of pitched roof. REASONS FOR REFERRAL TO COMMITTEE The original application was referred to committee at the request of Councillor Terrington on the following planning grounds: The proposed building is not in keeping with its surroundings or the historic nature of the East Quay. The application was subsequently amended and was delegated approval subject to no new grounds of objection being received. TOWN COUNCIL Original Comments - Objection. The Council strongly objects and doesn't want to see a carbuncle on the East Quay. Awaiting further comments in relation to the amended scheme. REPRESENTATIONS The amended site notice expired on the 13th April and to date have received four objections with the following comments: Concerns with the significant increase in the size of the building now proposed. Which would result in a significant loss of residential and private amenity space. Neighbouring properties will be overshadowed and suffer a significant loss of outlook. First floor balcony would create noise and disturbance and loss of privacy. Result in the means of access into the backyard being closed off for the purpose of maintenance . Reducing the car port with residential space could lead to more congestion on the quay and reduced amenity. The development is unsympathetic to the character of the area, missing the opportunity to create an improved building which would enhance the appearance. Development Committee 91 23 April 2015 Impact on the Listed Building and the Conservation Area and Area of Outstanding Natural Beauty. Contravene to policies EN1, EN2, EN4 and EN8. CONSULTATIONS Comments on original scheme, Conservation and Design With this resubmission according with pre-application advice, Conservation & Design do not have any objections to this application. Firstly, in terms of scale, pre-application discussions focused on reducing the overall mass of the building to ensure its compatibility with the tight confines of the site. In this regard, the applicant's timeline below is actually very useful in illustrating how the latest proposal would be smaller than the existing building and all the subsequent iterations. This is considered important in ensuring that the property does not overly exert itself within the street scene; NB: it is arguable whether the existing building would be approved today given its pitched roof and solid brick gables, and its close proximity of the adjacent buildings - certainly it does not make a positive contribution to the appearance and character of the conservation area in its current form. Turning to design, negotiations initially involved retaining the pitched roof as a means of grounding the building on site. However, it quickly emerged that a much „lighter‟ and more „honest‟ building could be created by removing the roof. It was also apparent that the impact upon the property behind could be significantly improved in the process. For this to be successful, however, it was felt that the elevations needed to make better use of relief and materials to move away from the original bulky and boxy proportions. This has been reflected in the layered elevations now submitted which would not only offer depth and visual interest, but which would also effectively break up the overall mass. With the glazing and the balcony then taking advantage of its coastal position, it is considered that the building as altered would sit comfortably on its site and will continue the welcome trend of good contemporary architecture within the town (which began with the superb Roundhouse, which continued with the Shellfish Handling facility and which will perhaps best be illustrated when the re-worked proposals for the Maltings are submitted). Whilst such buildings do not fit the conventional view of local distinctiveness, they have been purposefully designed for their immediate context and are without doubt distinct to each locality. Moreover, they not only add interest within the designated area but also continue the tradition of each age making its own contribution to the established form and character (the Quayside alone features a range of building types and ages). Providing this is done in a complementary rather than a competitive way, there need be no Conservation & Design objections. In summary, it is considered that this amended scheme would produce a building which: a) would now be compatible with the site in scale terms, b) would not harm the setting of the adjacent Grade II listed East Quay House, c) would offer a qualitative and bespoke design which would enliven and add visual interest to the existing building, and d) would enhance the appearance and character of this part of the Wells Conservation Area. In the event of an approval being issued, please condition the prior agreement of the bricks, windows, balcony detail and render colour. Development Committee 92 23 April 2015 No objections to amended scheme. Environmental Health – There are no adverse Environmental Health concerns in relation to this proposal therefore have no objections. 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 EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). 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 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. Principle of development 2. Impact on neighbouring dwellings 3. Design 4. Impact on Conservation Area and Area of Outstanding Natural Beauty APPRAISAL Members will be familiar with this site after considering the application at the previous committee meeting and agreeing to a delegated approval as per the officer recommendation subject to no new objections being received. However since the last committee meeting and the amended site notice expiring there has been objections received. The amended plan shows that the original dwelling including the pitched roof will be retained, the application would include extensions to the front and rear of the property and the installation of front balcony, along with cladding and render to front and back of the dwelling. The site falls within the residential policy area of Wells-Next-the-Sea as designated in the adopted North Norfolk Core Strategy, where alterations and extensions to dwellings Development Committee 93 23 April 2015 are permitted in principle provided they are in accordance with other relevant Core Strategy policies. The site is also located within the designated Conservation Area and Area of Outstanding Natural Beauty. Policy EN1 states that development will be permitted where it does not detract from the special qualities of the Norfolk Coast AONB. Policy EN4 requires that all development be designed to a high quality, be suitably designed for the context within which they are set and that the scale and massing of buildings relate sympathetically to the surrounding area. Policy EN8 states that development proposals, including alterations and extensions, should preserve or enhance the character and appearance of designated assets in this case the Wells-Next-The-Sea Conservation Area and nearby listed buildings and their settings through high quality, sensitive design. Development that would have an adverse impact on their special historic or architectural interest will not be permitted. The existing building is a detached two-storey property which is approximately 574 square metres. The existing dwelling is not considered to be of any special architectural interest or design merit and it makes little contribution to the immediate context or the wider character and appearance of the Conservation Area. Given the form and appearance of the existing dwelling, these changes offer the opportunity for enhancement. Whilst the original proposal was considered to be acceptable by officers, the amended plan is also considered to be acceptable in design terms. The proportions of the proposed extensions have been kept to a minimum with the two storey extension to the rear projecting by approximately 1.3m and the single storey extension measuring 3.1m by 3.7m with a height of 2.6m. It is considered that the overall scale of the extensions proposed would be acceptable and would not have an adverse impact on the amenity of the neighbouring properties. It is not considered that the proposed extensions would have any adverse forms of overshadowing on the neighbouring properties which already share a close relationship and would not impact on the first floor tertiary windows on the neighbouring property to the South. The size of the extensions proposed have not changed significantly from the previous scheme where there were no objections received, and therefore officers still consider the proposal to be acceptable. The single storey front extension would increase the size of the garage, it would protrude from the front by 1.3m. The proposed balcony to the front elevation of the property would face over the Quay. It is not considered that it would cause any adverse forms of overlooking. The proposed balcony was included on the original application where there were no objections received. In terms of local distinctiveness, the Conservation and Design Officer considers the amended design to be acceptable with the use of render and cladding. Whilst the majority of buildings in the immediate area are of a traditional form and constructed in brick and flint, there are a number of exceptions to this. In view of the context and given that the proposed alterations would result in an improvement from the existing dwelling, there is no objection. In fact Policy EN4 positively encourages innovative design which reinforces local distinctiveness. Paragraph 2.3.1. of the adopted North Norfolk Design Guide states that whilst successful elevations respond to the materials seen on surrounding buildings this does Development Committee 94 23 April 2015 not imply slavishly copying existing materials, rather it can involve creating interesting contrasts and textures between complimentary materials. It is considered that the use of different materials of the extension including vertical cedar cladding, render, red brick helps to break up the building elements on front elevation more effectively, providing more depth and visual interest. The materials and joinery can be conditioned in order to ensure that the materials proposed would be appropriate for the site and its location. Overall, it is considered that the building as altered would sit comfortably within the locality. It is therefore considered that the proposal would not harm the appearance and character of the Conservation Area and it would be compliant with Policies EN4 and EN8. In terms of the impact on the Area of Outstanding Natural Beauty, although East Quay House holds a prominent position, it is considered that the alterations would not result in the dwelling having an adverse impact on the special qualities of the area. It is considered that there would be adequate parking retained. In conclusion, it is considered to adhere to the Development Plan policies as outlined above. RECOMMENDATION: That authority be delegated to the Head of Planning to approve subject to no new grounds of objection and the imposition of appropriate conditions. 12. WEST BECKHAM - PF/15/0102 - Erection of part two-storey/part first floor extension to convert single-storey dwelling into two-storey dwelling; Glabri, Back Lane for Mr and Mrs Clarke - Target Date: 09 April 2015 Case Officer: Mr C Reuben Householder application CONSTRAINTS Countryside Policy Area RELEVANT PLANNING HISTORY DE21/14/0141 ENQ - Second Floor Extension to Single Storey Dwelling 20/10/2014 THE APPLICATION The proposal involves the raising in height of both the walls and roof of the existing single-storey dwelling in order to create a two-storey dwelling. The dwelling will be 15m wide (an increase of 2m) with a height of 8.2m (an increase in height of 3.1m). The floorspace of the dwelling will increase from approx. 104sqm to approx. 120sqm. Larger windows will be introduced on both the front and rear elevations at ground and first floor, along with an entrance lobby on the front (within a gabled extension) and patio doors at the rear. It is also proposed to introduce a first floor balcony on the north-facing elevation which overlooks agricultural fields. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr A Sweeney citing the following reasons - scale and landscape impact of the development. Development Committee 95 23 April 2015 PARISH COUNCIL Support the application. REPRESENTATIONS One representation from a neighbouring property has been received in support of the proposal. CONSULTATIONS Norfolk County Council (Highways) - no objection. Conservation, Design & Landscape (Landscape) - object to the application. The existing plot is prominent within the group of buildings clustered around Back Lane by virtue of its siting adjacent to open fields and the lack of boundary vegetation. The North Norfolk Landscape Character Assessment (SPD June 2009) defines the surrounding landscape as Tributary Farmland (TF3 Hempstead, Bodham, Aylmerton & Wickmere). This landscape type comprises a relatively high level topography with settlement concentrated in dispersed elongated villages separated by a higher than average number of small fields. This proposal would significantly increase the massing of the dwelling within its rural, open setting. Although visual impact is limited from the main road to some degree by existing vegetation around the former pond and field hedging, all elevations of the building as proposed would be prominent on this eastern edge of the settlement, particularly the north and west. In this regard the proposals would have an adverse impact on the local landscape character, by increasing the dominance of the built form in the rural landscape. Existing buildings on Back Lane close to the site comprise an informal mix of single-storey, some one-and-a-half storey dwellings and small outbuildings. Given the open landscape setting of this site and the surrounding mixed built form, Conservation Design & Landscape consider that the visual impact of this proposal, together with the resulting impact on the prevailing landscape character would be contrary to Core Strategy Policy EN2: Protection and Enhancement of Landscape Character. The proposal would also conflict with important elements of Core Strategy Policy EN 4: Design, in particular: Proposals should be suitable designed for the context in which they are set Proposals should ensure that the scale and massing of buildings relates sympathetically to the surrounding area 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. Development Committee 96 23 April 2015 POLICIES North Norfolk Core Strategy (Adopted September 2008): 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 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 3. Settlement character 4. Landscape impact APPRAISAL Principle of development The dwelling in question lies within the Countryside policy area as defined under Policy SS 2 of the North Norfolk Core Strategy. Within this area, proposals to extend existing dwellings are considered to be acceptable in principle, subject to compliance with other relevant Core Strategy policies. In this instance, those policies relating to the scale of the proposed extension and impact upon the landscape are of particular relevance, as discussed below. Design (Policies HO 8 and EN 4) It is proposed that the extension will use matching materials to those that already exist and as such, there are no concerns in regards to this aspect of the proposal, though the overall bulky appearance, particular on the front and rear of the dwelling, would be rather bland. Of more concern is the size of increase proposed in terms of the scale of the proposal, particularly in regards to height. Policy HO 8 of the Core Strategy states that residential extensions in the countryside must comply with the following two criteria: it must not result in a disproportionately large increase in the height or scale of the original dwelling, and must not materially increase the impact of the dwelling on the appearance of the surrounding countryside. Furthermore, and linked to the above, Policy EN 4 states that extensions are expected to: be suitably designed for the context within which they are set; and ensure that the scale and massing of buildings relate sympathetically to the surrounding area. The dwelling is essentially going from one to two-storey, which, in this particular case, is considered to involve a disproportionately large increase in height of the existing dwelling. It should be noted that pre-application advice was offered (verbally) to both the agent and applicants indicating that an increase in height to a two-storey dwelling was unlikely to be acceptable. The agent/applicant have tried to demonstrate that there are two-storey dwellings nearby and as such, this proposal would not be out of place in regards to the existing settlement character. In this case, the context of the dwelling in terms of its immediate surroundings needs to be considered, and the exposed position Development Committee 97 23 April 2015 that it occupies on the edge of the built up area. Although there is scope for a modest increase in size, the increase in height on the scale proposed will make the dwelling appear to rise significantly above the existing neighbouring plots (those immediately to the south and west being single-storey) and will look out of place. As such, it is considered that the proposal would be contrary to Policies HO 8 and EN 4. Amenity (Policy EN 4) Although there may be some modest overlooking into the amenity area of the dwelling to the west, as a result of the increase in height of the dwelling, this is not considered to be significantly detrimental. Furthermore, the proposal should not result in any loss of light to neighbouring dwellings. As such, the proposal is considered to be compliant with Policy EN 4. Landscape Impact (Policy EN 2) Policy EN 2 states that proposals for development should demonstrate that their scale and design will protect, conserve and, where possible, enhance the distinctive settlement character and their landscape setting. In this particular case, the increase in height to a dwelling on what is slightly elevated ground and in a relatively prominent position, would significantly increase the impact that this dwelling would have on the surrounding landscape. It would be seen against the backdrop of agricultural land and will result in the dwelling being significantly more visible when approaching the site along Sheringham Road from the north. This view has been echoed by the Landscape Officer, who has raised an objection to the proposal. It is therefore considered that the proposal would have a detrimental impact upon the landscape character of this particular area, contrary to Policy EN 2. Car parking (Policy CT 6) The parking requirement for a 2 and 3 bedroom property is the same and as such, there will be no change to the existing provision. The Highways Authority have no objection to the proposal and as such, it is considered to be compliant with Policy CT 6. Conclusion It is considered that although a modest increase in size of the existing dwelling would be acceptable, the scale of change proposed under this application would result in a disproportionately large increase in the height of the existing dwelling in this location which in turn, would be out of keeping with nearby development and have a detrimental landscape impact and as such, fails to comply with Policies HO 8, EN 2 and EN 4 of the North Norfolk Core Strategy. RECOMMENDATION: To REFUSE for the reason specified below: The District Council adopted the North Norfolk Core Strategy on 24 September 2008, and subsequently adopted Policy HO9 on 23 February 2011, for all planning purposes. The following policy statements are considered relevant to the proposed development: Policy HO 8: House extensions and replacement dwellings in the Countryside Policy EN 2: Protection and enhancement of landscape and settlement character Policy EN4: Design It is considered that the proposed extension would result in a disproportionately large increase in the height of the existing dwelling, the scale of which would not conform to the existing settlement character. Furthermore, the proposal would result in the dwelling having an unacceptable visual impact upon the surrounding landscape. Accordingly, the proposal is contrary to Policies HO 8, EN 2 and EN 4 of the Development Plan. Development Committee 98 23 April 2015 PUBLIC BUSINESS - ITEMS FOR INFORMATION 13. DEVELOPMENT MANAGEMENT AND LAND CHARGES PERFORMANCE UPDATE This is the quarterly report on planning applications and appeals for the period from January to February 2015, covering the turnaround of applications, workload and appeal outcomes and Land Charges searches received. Table 1A (Appendix 4) sets out performance for processing planning applications for the fourth quarter of 2014/15. 8 major applications were determined in the quarter, together with 83 minor applications and 173 other applications, a total of 264 applications, a decrease of 69 compared with the previous quarter. The most recent quarter saw 7 of the 8 major applications determined within the 13 week statutory deadline, i.e. 87.50%. Up from the 78.57% for the previous quarter, the cumulative figure for 2014/15 at 74.42% remains comfortably above the 40% figure set for special measures by the Government. In terms of “minor” applications, performance decreased by 7.148% to 45.42% over the previous quarter, as against the Council‟s target of 70%. As far as “other” applications are concerned performance decreased by 8.32% to 58.96%, below the Council‟s target of 70%. Members will appreciate that performance has again dropped over the last quarter in respect of “minors” & “others”. This follows the re-structuring within the Service and the Development Management Team has been operating with 2 vacant posts during the quarter. Pre-application enquiries were down on the previous quarter. So were Discharge of Condition applications. „Do I Need Planning Permission‟ enquiries were down slightly. Duty Officer Enquiries were significantly up at 843. In terms of delegation of decisions, the quarterly figure went up to 92.04%. Table 2 indicates performance in terms of appeal decisions. During the quarter 8 decisions were made, 4 allowed and 4 dismissed. In terms of Land Charges searches, some 564 were submitted and handled during the quarter, a decrease of 7 when compared with the previous quarter. Conclusions In summary, the fourth quarter of the year has again seen a dip in performance in respect of “minors” and “others”, as the Service continues to experience a period of staff turnover, coupled with re-structuring. The recent recruitment process has only been partially successful so the Service will continue to go through the re-structuring process for some time. However, two new officers are due to start in the Development Management Team at the end of May and an improvement in performance is expected from that time onward. (Source: Andy Mitchell, Development Manager ext 6149) Development Committee 99 23 April 2015 14. APPLICATIONS APPROVED UNDER DELEGATED POWERS ANTINGHAM - PF/14/1540 - Conversion of existing residential dwelling to hotel accommodation and insertion of replacement doors and windows; The Barn House, Cromer Road, Thorpe Market, Norwich, NR11 8TZ for Gunton Arms Ltd (Full Planning Permission) BACTON - PF/15/0241 - Erection of single-storey side and rear extensions; Orchard House, 5 The Paddocks, North Walsham Road, Bacton, NORWICH, NR12 0LN for Mr P Bayley (Householder application) BARTON TURF - PU/14/1353 - Prior notification of intention to convert agricultural building to C3 (residential dwelling); Point Farm, The Street, Barton Turf, Norwich, NR12 8BB for Mr R Lamb (Change of Use Prior Notification) BARTON TURF - PF/14/1421 - Erection of single-storey side, porch extensions and addition of pitched roof to detached garage; Staitheway, Staithe Road, Barton Turf, Norwich, NR12 8AZ for Mr & Mrs Oakden (Householder application) BEESTON REGIS - PF/14/1575 - Demolition of bungalow and outbuildings the erection of two-storey dwelling with half basement; Sandywood, Sheringwood, Beeston Regis, Sheringham, NR26 8TS for Mr Mackenzie (Full Planning Permission) BEESTON REGIS - PF/15/0056 - Erection of detached two car open fronted garage; Two Pines, Sheringwood for Mr T Perry (Householder application) BEESTON REGIS - PF/15/0179 - Erection of side/rear extension; 22 Abbey Park, Beeston Regis, Sheringham, NR26 8SP for Mr J Payne (Householder application) BEESTON REGIS - PF/15/0250 - Erection of 14.75m wooden jump tower (part retrospective), installation of 2 ground mounted area lights and 4 bulk head standard lights; Hill Top, Sheringwood for Hilltop Outdoor Centre (Full Planning Permission) BINHAM - LA/15/0127 - Repair work to roof structures, parapets and abutments of the chancel, nave and south porch, improvements to rainwater goods and drainage, installation of new roof coverings to nave and relay the pantiles on the south porch and chancel, reinstate lath and plaster ceiling in chancel and masonry repairs to the walls of nave and chancel; All Saints Church, The Street, Cockthorpe for Norfolk Churches Trust (Listed Building Alterations) BINHAM - PF/15/0141 - Variation of condition 2 of planning permission ref: 12/0663 to permit decrease in size and height of proposed side/front single-storey extension; Foxburrow Farm, Binham Road, Hindringham, Fakenham, NR21 0DH for Mr Wordingham (Full Planning Permission) Development Committee 100 23 April 2015 BRININGHAM - NMA1/13/1157 - Non-material amendment request to permit removal of chimney and replace large window in east elevation to a smaller window at higher level; Meadow View, Burgh Stubbs, Melton Road, Briningham, Melton Constable, NR24 2DX for Mr & Mrs R Kelly (Non-Material Amendment Request-Household) BRISTON - PF/14/1586 - Erection of rear and link to garage extensions, raising roof height, insertion of dormer windows and balcony to provide accommodation in roofspace; The Maples, Fakenham Road, Briston, Melton Constable, NR24 2HJ for Mr M Newman (Householder application) BRISTON - PF/15/0129 - Conversion and erection of extension to garage block to provide detached ancillary annexe accommodation; The Acorns, Mill Road, Briston, Melton Constable, NR24 2JF for Mr K Lubbock (Householder application) BRISTON - PF/14/1503 - Variation of Condition 2 of planning permission ref: 13/1505 to permit insertion of roof lights to rear west roof slope; Land adj. 104 Hall Street, Briston, NR24 2LQ for Mr K Sturman (Full Planning Permission) CATFIELD - PF/14/1284 - Erection of detached single-storey dwelling; Land adjacent Forge Cottage, The Street, Catfield, Stalham for Mr P Duval (Full Planning Permission) CATFIELD - PF/14/1689 - Demolition of existing chalet bungalow and erection of replacement one and a half storey dwelling; Hastings Farm Bungalow, Wood Street, Catfield, Great Yarmouth, NR29 5DF for Mr Lowe (Full Planning Permission) CATFIELD - PF/15/0095 - Erection of part two-storey/part first floor front extension; The Rectory, Fenside for Mr Berry (Householder application) CLEY-NEXT-THE-SEA - PF/14/0726 - Erection of replacement single-storey side extension, erection of single-storey rear extension, insertion of first floor window to rear gable and installation of chimney to gable; Long House Yard, High Street, Cley-next-the-Sea for Mr & Mrs Fish (Householder application) CLEY-NEXT-THE-SEA - LA/14/0727 - Alterations to internal and external fabric to refurbish and repair existing house, erection of rear and side single-storey extensions and rebuilding of rear gable and reinstatement of chimney; Long House Yard, High Street, Cley-next-the-Sea for Mr & Mrs Fish (Listed Building Alterations) CROMER - AI/15/0098 - Display of three illuminated fascia signs; Dunes Arcade, Promenade, Cromer, NR27 9HE for Triangle Amusements Ltd (Advertisement Illuminated) CROMER - NMA1/13/0564 - Non-material amendment request to use 20/20 plain tile instead of red clay pantiles; Garage/store adjacent 7 Colne Cottages, The Croft, Cromer for Mr A Raby (Non-Material Amendment Request) Development Committee 101 23 April 2015 CROMER - NMA3/05/0527 - Non material amendment request to render brick work to part of ground floor of building.; Former Fletcher Hospital, Roughton Road, Cromer for J A Investments (Non-Material Amendment Request) CROMER - PF/15/0163 - Installation of dormer window to west elevation roof slope and flue; 31 Cliff Drive, Cromer, NR27 0AW for Mr Longley (Householder application) CROMER - PF/15/0255 - Erection of single-storey side extension; 20 Whitehouse Estate, Cromer, NR27 0EP for Mr and Mrs M Galaskey (Householder application) EDGEFIELD - PF/15/0201 - Demolition of existing garage block and erection of replacement car-port with storage; The Old White Horse, Hunworth Road, Edgefield, Melton Constable, NR24 2AE for Mr Thomas (Householder application) FAKENHAM - PF/15/0133 - Demolition of rear conservatory and erection of single-storey side/rear extension; 4A Driftlands, Fakenham, NR21 8EB for Mr D Rokoszny (Householder application) FAKENHAM - AI/14/1633 - Display of three illuminated fascia and one projecting signs; 8-10 Bridge Street, Fakenham, NR21 9AQ for ACCA Ltd (Advertisement Illuminated) FAKENHAM - PF/15/0071 - Erection of detached garage and store/shed; 14 Sculthorpe Road, Fakenham, NR21 9HA for Mr Jarvis (Householder application) FAKENHAM - PF/15/0139 - Erection of first floor extension and rear single-storey glazed link extension; Rustic House, 11 Victoria Lane, Fakenham, NR21 8LB for Mr & Mrs Potts & Rumley (Householder application) FAKENHAM - PF/15/0174 - Erection of replacement front porch; 5 North Park, Fakenham, NR21 9RG for Mr & Mrs Farrow (Householder application) FAKENHAM - PF/15/0093 - Erection of industrial unit; Land at Wymans Way, Fakenham for Payne & Payne SIPP (Full Planning Permission) FAKENHAM - PF/15/0125 - Erection of rear extension; Appledore, 1 Thorpland Road, Fakenham, NR21 8JQ for Mr Hicks (Householder application) FAKENHAM - PF/15/0137 - Erection of steel framed storage building and revision to parking/layout and access to that permitted under Planning application PF/12/0833; Unit 1, Clipbush Business Park, Hawthorn Way, Fakenham, NR21 8SX for Matt Pope Motorcycles (Full Planning Permission) Development Committee 102 23 April 2015 FELMINGHAM - PF/15/0190 - Erection of single-storey rear extension, detached timber workshop and detached car port; Larks Rise, North Walsham Road, Felmingham, North Walsham, NR28 0JU for Mr S Emms (Full Planning Permission) FULMODESTON - NMA1/14/1011 - Non material amendment request to permit alteration to roof design; 1 Council Houses, Croxton Road, Croxton, Fakenham, NR21 0NU for Mr & Mrs Cousins (Non-Material Amendment Request) GIMINGHAM - PF/14/1551 - Re-construction of former piggery to form cart store/barn/garage unit; Gimingham Hall, Hall Road, Gimingham, Norwich, NR11 8EZ for Mr & Mrs Rose (Full Planning Permission) GUNTHORPE - LA/15/0134 - Internal and external alterations and erection of single-storey extension; Woodhouse Farm, Holt Road, Bale, Fakenham, NR21 0QL for Mr and Mrs S Papworth (Listed Building Alterations) GUNTHORPE - PF/15/0200 - Erection of single-storey extension; Woodhouse Farm, Holt Road, Bale, Fakenham, NR21 0QL for Mr & Mrs Papworth (Householder application) HAPPISBURGH - PF/15/0115 - Demolition of dwelling and erection of replacement dwelling; Anon, Bush Drive for Mr Byford (Full Planning Permission) HICKLING - PF/14/1548 - Conversion and extension of stables to provide holiday accommodation and erection of stables; The Croft, Stalham Road, Hickling, Norwich, NR12 0XT for Mr A Simmonds (Full Planning Permission) HIGH KELLING - PF/15/0220 - Erection of single-storey side extension; Lyemoon, Vale Road, High Kelling, Holt, NR25 6RA for Mr Carter (Householder application) HOLKHAM - NMA1/14/0754 - Non-material amendment request to permit removal of curved front facade and install replacement protruding corner boards; Holkham Hall, Holkham Park for Holkham Hall Estate (Non-Material Amendment Request) HOLT - PF/15/0046 - Erection of replacement roof to rear extension.; Greshams School, Cromer Road, Holt, NR25 6EA for Greshams School (Full Planning Permission) HOLT - PF/15/0061 - Demolition of timber shed and installation of 15m monopole with 3 antennas, two 300mm dishes, erection of 2 equipment cabinets, 1 meter cabinet at base of tower and 1.8m palisade fence; Proposed Aldi Foodstore, Old Station Way, Holt, NR25 6DH for Vodafone Limited (Full Planning Permission) HOLT - LA/15/0040 - Repainting of front elevation, internal alterations and render to rear elevation; 20 New Street, Holt, NR25 6JH for Mr Mickelburgh (Listed Building Alterations) Development Committee 103 23 April 2015 HONING - PF/15/0078 - Conversion of outbuilding to holiday unit and erection of bio mass plant/store room; Heath Farm, St Villiers Road, Honing, North Walsham, NR28 9PH for Mr and Mrs J Alcock (Full Planning Permission) HONING - PF/14/1638 - Change of use of agricultural land to garden and to formation of access; Land off East Ruston Road, Honing, Norfolk, NR28 9PF for Miss F Rice (Full Planning Permission) HORSEY - PF/14/1528 - Demolition of existing single-storey dwelling and erection of replacement one and a half-storey dwelling; Mere Sea, Binsley Close, Horsey, Great Yarmouth, NR29 4EG for Mr Garman (Full Planning Permission) HOVETON - PF/15/0039 - Erection of single-storey front extension; Mill Farm, Belaugh Road, Hoveton, Norwich, NR12 8UU for Mr A Cassie (Householder application) HOVETON - PF/15/0182 - Demolition of existing garage and erection of single-storey side/rear extension and installation of raised terrace/decking; Rose Villa, Horning Road West, Hoveton, Norwich, NR12 8QH for Mr & Mrs James-Alison (Householder application) INGHAM - PF/14/1660 - Retention of replacement rooflights; Gable Barn, Sea Palling Road, Ingham, Norwich, NR12 0TW for Mr R Spackman (Householder application) INGHAM - LA/14/1694 - Retention of replacement rooflights; Gable Barn, Sea Palling Road, Ingham, Norwich, NR12 0TW for Mr R Spackman (Listed Building Alterations) KNAPTON - LA/15/0037 - Insertion of replacement hardwood windows to north/east elevation, re-roofing and repointing to flintwork; Old Hall, Hall Lane, Knapton, North Walsham, NR28 0SG for Mr Roundtree (Listed Building Alterations) LESSINGHAM - PF/14/1307 - Siting of residential caravan; Fiesta, Sunset Walk, Bush Estate, Eccles-on-sea, Norwich, NR12 0SX for Mr D Huxter (Full Planning Permission) LITTLE SNORING - NMA1/14/0665 - Non material amendment request to permit change from flint work to brick to rear and side elevation and to installation of cladding to two rear apexs; Wickets, Thursford Road for Mrs Price (Non-Material Amendment Request-Household) LUDHAM - PF/15/0030 - Erection of single-storey side extension; Town House, Staithe Road, Ludham, Great Yarmouth, NR29 5AB for Mrs Rodford (Householder application) MATLASKE - PF/15/0154 - Erection of single-storey rear extension; 3 The Old School, Wood Road, Matlaske, Norwich, NR11 7LE for Ms H Everton (Householder application) Development Committee 104 23 April 2015 MELTON CONSTABLE - PF/14/1651 - Variation of Condition 2 of planning permission reference: 03/0755 to permit revised internal layout and retention of additional windows and doors; Barns 2, 3 and 5, Culpits Farm, Hindolveston Road, Melton Constable, NR24 2NF for Oakmoor Ltd (Full Planning Permission) MELTON CONSTABLE - LA/14/1652 - Retention of installed windows and doors to units 2, 3 and 5; Barns 2, 3 and 5, Culpits Farm, Hindolveston Road, Melton Constable, NR24 2NF for Oakmoor Ltd (Listed Building Alterations) NEATISHEAD - LA/15/0197 - Replacement of windows; Allens Farm, School Road, Neatishead, NR12 8BU for Mr Longfield (Listed Building Alterations) NORTH WALSHAM - PF/15/0119 - Change of disused door to window of shop front; 1 The Terrace, Market Place, North Walsham, NR28 9BU for Arthritis Research UK (Full Planning Permission) NORTH WALSHAM - PF/15/0167 - Demolition of conservatory and erection of rear single-storey extension; 4 Lime Tree Road, North Walsham, NR28 9DY for Mr & Mrs Randall (Householder application) NORTH WALSHAM - NMA1/14/1400 - Non material amendment request to permit reduction of projection of rear extension to 3m; 67 Bradfield Road, North Walsham, NR28 0HQ for Mr & Mrs Baldwin (Non-Material Amendment Request-Household) NORTH WALSHAM - PF/15/0144 - Erection of part first floor and two-storey side extension; 125 Brick Kiln Road, North Walsham, NR28 9XR for Mrs J Eldred (Householder application) NORTH WALSHAM - PF/15/0222 - Erection of single-storey side extension; The White House, Holgate Road, White Horse Common, North Walsham, NR28 9LP for Mr & Mrs Coop (Householder application) NORTH WALSHAM - PF/15/0244 - Erection of side extension to existing detached garage; 5 Brick Kiln Barns, Manor Road, North Walsham, NR28 9LH for Mr Barnes (Householder application) NORTHREPPS - PF/15/0091 - Erection of single-storey rear extension and installation of decking to rear garden; Colwyn, 20 Stevens Road, Cromer, NR27 0HZ for Mr & Mrs Brown (Householder application) NORTHREPPS - PF/15/0097 - Variation of condition 2 of planning permission ref: 96/1393 to permit to change operating hours FROM 9am - 6pm on any day TO 9am - 8pm Monday to Saturday and 9am - 6pm on Sundays all year; Karttrak, Hall Road, Northrepps, Cromer, NR27 0JW for Karttrak Cromer (Full Planning Permission) Development Committee 105 23 April 2015 NORTHREPPS - PF/15/0041 - Erection of single-storey rear extension and front porch; 3 Craft Lane, Northrepps, Cromer, NR27 0LL for Mr Bullen (Householder application) OVERSTRAND - PF/15/0007 - Erection of front porch and installation of render to existing garage and cladding to front elevation.; 15 High Street, Overstrand, Cromer, NR27 0AB for Mr Kimp (Householder application) RAYNHAM - NMA2/13/1166 - Non material amendment request to permit alterations to road layout, arrangement of panels, increase in size of customer switchgear cabinet, fencing details and additional gated accesses; Former Airfield, West Raynham for Good Energy West Raynham Airfield Solar Park (30) Ltd (Non-Material Amendment Request) RUNTON - DP/15/0338 - Prior notification of intention to demolish 4 single-storey holiday chalets; The Poplars Caravan Park, Brick Lane, East Runton, Cromer, NR27 9PL for Poplars Caravan Park (Prior Notification (Demolition)) SALTHOUSE - NMA1/10/0571 - Non-material amendment request to 45 degree pitched glazed addition to proposed window on north elevation, remove chimney and replace with flue, increased size of front roof lights and cladding with HardiePlank rather than timber; 2 Bungalow, Bard Hill for Mr N Featherstone (Non-Material Amendment Request-Household) SHERINGHAM - PF/15/0045 - Erection of single-storey rear, two-storey side/front extensions and insertion of bay window to ground floor front elevation; 27 Common Lane, Sheringham, NR26 8PW for Mr & Mrs Eldridge (Householder application) SHERINGHAM - PF/15/0166 - Insertion of rooflight to south facing roofslope; Seawinds, 4A Links Road, Sheringham, NR26 8LP for Mr T Jones (Householder application) SHERINGHAM - PF/15/0034 - Demolition of existing single-storey side extension and erection of replacement single storey side extension; 1 Cliff Road, Sheringham, NR26 8BJ for Mr M Stone (Householder application) SHERINGHAM - PF/15/0110 - Change of use of ground floor from office to residential and erection of front single-storey extension and erection of front wall with railings; 47 Church Street, Sheringham, NR26 8QS for Dr Hamvas (Full Planning Permission) SHERINGHAM - PF/15/0199 - Erection of second floor extension; The Mo Sheringham Museum, Lifeboat Plain for Sheringham Museum Norfolk Trust (Full Planning Permission) SIDESTRAND - PF/15/0132 - Conversion and extension of existing detached garage to ancillary annexe accommodation; 6 Tower Lane, Sidestrand, Cromer, NR27 0NA for Mr I Watkins (Full Planning Permission) Development Committee 106 23 April 2015 SKEYTON - PF/15/0099 - Erection of storage building (revised position); Crossways, Swanton Abbott Road, Skeyton, Norwich, NR10 5AU for Mr A Smith (Full Planning Permission) SLOLEY - PF/15/0176 - Erection of rear extension; Field View, Frankfort, Sloley, Norwich, NR12 8HG for Mr I Butcher (Householder application) SOUTHREPPS - PF/14/1363 - Erection of one and a half-storey detached dwelling; Plot 12 Beechlands Park, Southrepps, Norwich, NR11 8NT for Mr T Blyth (Full Planning Permission) SOUTHREPPS - PF/15/0088 - Erection of single-storey side and rear extensions; Yew Tree Cottage, Sandy Lane, Southrepps, Norwich, NR11 8NJ for Mr and Mrs C Holman (Householder application) STALHAM - PF/15/0096 - Conversion of ground floor retail unit to form one residential flat; 57 High Street, Stalham, Norwich, NR12 9BB for Mr and Mrs Waller (Full Planning Permission) STALHAM - PF/15/0053 - Erection of single-storey side/rear extension; Nuholme, St Johns Road, Stalham, Norwich, NR12 9BE for Mr and Mrs Taylor (Householder application) STIBBARD - LA/14/1676 - Internal and external alterations and insertion of French doors to rear ground floor and rooflight to rear roof slope; The Grove Farmhouse, Bells Lane, Stibbard, FAKENHAM, NR21 0EW for Mr Spencer Ashworth (Listed Building Alterations) STIFFKEY - PF/15/0014 - Erection of two-storey side extension; Rose Cottage, 82A Wells Road, Stiffkey, Wells-next-the-Sea, NR23 1AJ for Mr Howard Jones (Householder application) SWAFIELD - PF/15/0194 - Erection of single-storey side extension; 3 Meadow View, Trunch Road, Swafield, North Walsham, NR28 0PE for Mr & Mrs Jones (Full Planning Permission) SWANTON NOVERS - PF/15/0066 - Variation of condition 2 of planning permission ref: 13/1499 to permit retention of render to existing walls; 37 St Giles Road, Swanton Novers, Melton Constable, NR24 2RB for Mr P Smithers (Full Planning Permission) THORPE MARKET - PF/15/0086 - Erection of single-storey side extension; Primrose Cottage, Cromer Road, Thorpe Market, Norwich, NR11 8TF for Ms Parsons (Householder application) THORPE MARKET - PF/15/0101 - Erection of single-storey rear extension; 2 The Paddock, Topps Hill Road, Thorpe Market, Norwich, NR11 8TR for Ms P Tremlett (Householder application) Development Committee 107 23 April 2015 THORPE MARKET - LA/15/0131 - Internal alterations to doors; Poppyland Cottage and Annexe, The Green, Thorpe Market, Norwich, NR11 8AJ for Mrs P Bowles (Listed Building Alterations) THORPE MARKET - PF/14/1636 - Erection of single-storey rear extension and installation of rooflights to east elevation roof slope to facilitate loft conversion; Orchard House, Cromer Road, Thorpe Market, Norwich, NR11 8TH for Mr & Mrs D Wright (Householder application) TRUNCH - PF/15/0075 - Erection of front porch; 16 Pyghtle Close, Trunch, North Walsham, NR28 0QF for Mr and Mrs W Smirk (Householder application) TUNSTEAD - PF/15/0031 - Conversion of agricultural barn to residential dwelling; Barn at Partridge Farm Barn, Crowgate Street, Tunstead, Norwich, NR12 8RH for Mr Paterson (Full Planning Permission) WELLS-NEXT-THE-SEA - PF/15/0148 - Erection of rear/side single-storey extension and insertion of roof lights to north elevation.; Uplands, 23 Mill Road, Wells-next-the-Sea, NR23 1HE for Mr and Mrs Whitaker (Householder application) WELLS-NEXT-THE-SEA - PF/15/0076 - Change of use of grassed area and re-surface with permeable paving to use as 11 car-parking spaces for tenants use; adjacent 11 Knitting Needle Lane, Wells-next-the-Sea, NR23 1LN for Victory Housing Trust (Full Planning Permission) WELLS-NEXT-THE-SEA - PF/15/0084 - Erection of two-storey side and single-storey front extensions; 10 Bluebell Gardens for Mr K Seecharan (Householder application) WELLS-NEXT-THE-SEA - PF/14/1437 - Erection of part single-storey and two-storey extensions, detached four car garage with room above and garden shed and installation of gates; Clarence House, The Buttlands, Wells-next-the-Sea, NR23 1EY for Mr B Hopkins (Householder application) WELLS-NEXT-THE-SEA - LA/14/1438 - Internal alterations, erection of part single-storey and two-storey rear extensions, erection of detached four car garage with room above and garden shed and installation of gates; Clarence House, The Buttlands, Wells-next-the-Sea, NR23 1EY for Mr B Hopkins (Listed Building Alterations) WELLS-NEXT-THE-SEA - PF/15/0195 - Erection of one and a half-storey side extension; Caprice, Clubbs Lane, Wells-next-the-Sea, NR23 1DP for Mr Saunders (Householder application) WELLS-NEXT-THE-SEA - PF/15/0203 - Erection of part two-storey front and first floor side extension; Tikara, Jolly Sailor Yard for Mr Emerson (Householder application) Development Committee 108 23 April 2015 WELLS-NEXT-THE-SEA - NMA1/12/0141 - Non-material amendment request to insert brick arches over four existing windows; 9 Tunns Yard, Wells-next-the-Sea, NR23 1DF for Mr M Tetlow (Non-Material Amendment Request-Household) WEYBOURNE - PF/15/0185 - Increase of depth of 3 existing dormer windows to rear roof slope; Field House, Sheringham Road, Weybourne, Holt, NR25 7EY for Mr J Lloyd (Householder application) WOOD NORTON - PF/15/0080 - Demolition of conservatory and erection of single-storey rear extension; Sun Cottage, Church Road, Wood Norton, Dereham, NR20 5AR for Mr D Nudd (Householder application) WOOD NORTON - LA/15/0081 - External alterations to facilitate erection of single-storey rear extension; Sun Cottage, Church Road, Wood Norton, Dereham, NR20 5AR for Mr D Nudd (Listed Building Alterations) WORSTEAD - PF/14/1456 - Retention of extractor fan duct housing; The White Lady, Front Street, Worstead, North Walsham, NR28 9RW for Mr Gilligan (Full Planning Permission) WORSTEAD - LA/14/1457 - Retention of extractor fan duct housing; The White Lady, Front Street, Worstead, North Walsham, NR28 9RW for Mr Gilligan (Listed Building Alterations) WORSTEAD - PF/15/0106 - Removal of condition 7 of planning permission ref: 14/1009 to delete Code Level 3 requirement; Windy Ridge, Meeting Hill Road, Meeting Hill, Worstead, North Walsham, NR28 9LT for Mr W Nash (Full Planning Permission) 15. APPLICATIONS REFUSED UNDER DELEGATED POWERS FAKENHAM - PF/14/1159 - Erection of single-storey detached dwelling; Land at 63 Oak Street, Fakenham, NR21 9DZ for Mr C Cunningham (Full Planning Permission) NORTH WALSHAM - PF/15/0155 - Demolition of detached double garage and erection of single-storey dwelling; Monument Cottage, Norwich Road, North Walsham, NR28 0JA for Mr G Wright (Full Planning Permission) RUNTON - PF/15/0247 - Erection of single-storey side extension; 2 Farm Cottages, Beach Road, East Runton, Cromer, NR27 9PA for Mr and Mrs T McCrohon (Householder application) SHERINGHAM - PF/15/0063 - Erection of side extension to facilitate garage conversion to habitable accommodation (part retrospective); 8 Rushmer Way, Sheringham, NR26 8YA for Mr R Hooker (Householder application) Development Committee 109 23 April 2015 STALHAM - PF/15/0072 - Erection of front single-storey extension with balcony above, insertion of French doors, velux windows to front roof slope and window to north gable end; Wesley House, St Johns Road, Stalham, Norwich, NR12 9BG for Mr & Mrs Sheehan (Householder application) SWANTON ABBOTT - PU/15/0100 - Prior notification of intention to change of use of agricultural building to dwelling (C3); Barn off Aylsham Road, Swanton Abbott, for Whitwell Hall Farm Ltd (Change of Use Prior Notification) APPEALS SECTION 16. NEW APPEALS None. 17. INQUIRIES AND HEARINGS – PROGRESS BLAKENEY - PF/14/0785 - Demolition of dwelling and barns and erection of two and a half storey replacement dwelling; Three Owls Farm, Saxlingham Road, Blakeney, Holt, NR25 7PD for Mrs K Cargill INFORMAL HEARING 17 March 2015 HAPPISBURGH - PF/14/0120 - Formation of caravan park to provide pitches for 134 static caravans, 60 touring caravans and camping area with office/warden accommodation and amenity building; Land South of North Walsham Road, Happisburgh for Happisburgh Estates INFORMAL HEARING 12 May 2015 HOLT - PO/14/0846 - Erection of up to170 dwellings and associated infrastructure; Land south of Lodge Close, Holt for Gladman Developments Ltd PUBLIC INQUIRY 18. WRITTEN REPRESENTATIONS APPEALS - IN HAND AYLMERTON - PF/13/0116 - Formation of woodland burial ground with ancillary buildings and vehicular access; Woodland at Holt Road/Tower Road, Aylmerton for Mr D Oliver BRISTON - PU/14/1390 - Prior notification of intention of change of use of agricultural building to three dwelling houses (C3); Barn at Boundary Farm, Reepham Road, Briston, Melton Constable, NR24 2JN for Mr & Mrs Berwick CROMER - PF/13/1521 - Erection of crematorium with access roads, car park and ancillary works; Land north of Cromer Cemetery, Holt Road, Cromer, NR27 9JJ for Crematoria Management Ltd ROUGHTON - PF/14/0677 - Erection of single-storey dwelling; Land adjacent Woodlands, Cromer Road, Roughton for Mr D Sayer Development Committee 110 23 April 2015 19. APPEAL DECISIONS - RESULTS AND SUMMARIES HEMPSTEAD – PF/12/0562 – Change of Use from Public House to Residential at Hare and Hounds Public House Hempstead NR25 6LD for Mrs Valerie Purkiss APPEAL DECISION:- ALLOWED The District Council refused planning permission for change of use of the public house to residential use and this decision was the subject of an appeal to the Secretary of State. The Inspector appointed to determine the appeal determined the main issue to be whether the loss of the public house would be acceptable in light of policies dealing with the loss of local services and community facilities. The Inspector drew attention to paragraph 70 of the National Planning Policy Framework (NPPF) which requires planning decisions to guard against the unnecessary loss of valued facilities and services and noted the relevance of the Council‟s Core Strategy policy CT3. This includes public houses as “important local facilities” and their loss will only be permitted where either there is alternative provision in the area or it can be demonstrated that there is no reasonable prospect of retention including evidence that the business is not viable and that all reasonable efforts have been made to sell or let the property at a realistic price for at least 12 months. Members will recall that matters relating to drainage were raised during consideration of the application to which this appeal relates. Drainage issues were also considered by the Inspector who concluded that the only deliverable drainage option for use as a public house would be a cesspool solution. He also considered representations on possible alternative drainage options and costings and concluded that “the installation and operational cost of a cesspool would be substantial.” Based on the latest and detailed trading figures as submitted by the appellant, the Inspector concluded that a cesspool drainage solution is not viable for public house use. The Inspector went on to consider how the business had been marketed, concluding that “reasonable efforts have been made to sell the public house at a realistic price for a period of at least 12 months in accordance with Core Strategy policy CT3.” Baconsthorpe Parish Council had submitted a petition and the Inspector noted that the appeal proposal would result in the loss of a community facility to which there is significant local objection. However he stated that “even with a degree of community support translating into regular custom this may not be sufficient to generate a viable concern irrespective of who is the landlord.” The Inspector found that he could give only limited weight to community opposition to the proposal. The Inspector‟s overall conclusions were that There are exceptional circumstances regarding a viable drainage solution such that the proposed loss of the public house would be acceptable in light of policies dealing with the loss of community facilities. The appellant has made reasonable efforts to sell the public house at a realistic price over a lengthy period. Accordingly this appeal was allowed. Development Committee 111 23 April 2015 MUNDESLEY - PF/14/0138 - Retention of timber outbuilding; 35 Trunch Road, Mundesley, Norwich, NR11 8JU for Mr & Mrs J Bonham APPEAL DECISION:- ALLOWED MUNDESLEY - PF/14/0626 - Use of land for siting six mobile units (4 caravans, 2 pods) for residential accommodation for family and friends and use of the existing dwelling for shared facilities (amended description); 67 Cromer Road, Mundesley, Norwich, NR11 8DF for Mr & Mrs G Malone APPEAL DECISION:- ALLOWED WEYBOURNE – PF/14/0450 – Continued use of land as camp site and retention of amenity block at The Barn Bolding Way Weybourne Holt NR25 7SW for Mr Charles Harrison:- DISMISSED This appeal related to the continued use of land as a camp site and retention of a building described as an amenity block. The Inspector found the main issues to be Effect on the character and appearance of the AONB Highway safety Effect on living conditions of nearby residents, with particular reference to noise and disturbance The Inspector described the appeal site as an area of grassed land within which is a modest timber clad building with UPVC doors and windows. The site is enclosed by substantial hedging, with restricted inter-visibility to adjacent countryside. The Inspector went on to assess the proposal against relevant policies in the NPPF and the Council‟s Core Strategy, concluding that there would not be a significantly harmful effect on the AONB. Turning to highway safety, the Inspector noted that the site is accessed from the main A149 road by a single-track driveway which also serves a number of dwellings. At the junction with the A149 visibility is restricted by tall brick piers and walls and falls significantly below the Highway Authority‟s visibility splay requirements. Intensification of the use of this junction associated with the appeal proposal would not be acceptable. On living conditions the Inspector noted that the camp site is separated from the rear gardens of a number of dwellings by small parcels of land owned by the appellant. Local residents had expressed concerns about noise from campers and dogs and also about campfires. The Inspector found that their gardens would be adversely affected by noise and disturbance due to the proximity of the camp site, particularly during the summer months. The appeal was therefore dismissed on highway safety and amenity grounds and by reference to the relevant policies of the NPPF and the Council‟s Core Strategy. 20. COURT CASES - PROGRESS AND RESULTS No change from previous report. Development Committee 112 23 April 2015