OFFICERS’ REPORTS TO DEVELOPMENT CONTROL COMMITTEE – 23 SEPTEMBER 2010 Each report for decision on this Agenda shows the Officer responsible, the recommendation of the Head of Planning and Building Control and in the case of private business the paragraph(s) of Schedule 12A to the Local Government Act 1972 under which it is considered exempt. None of the reports have financial, legal or policy implications save where indicated. PUBLIC BUSINESS - ITEM FOR DECISION 1. HEMPTON – PF/10/0329 – The erection of 5 two storey dwellings and 2 flats: Site adjacent to 21 Dereham Road for Flagship Housing Group To give the application further consideration following the receipt of amended designs and the consultation response from the Environment Agency regarding the acceptability of soakaways and land contamination. Background The Committee considered this application at the meeting on 10 June 2010 when it was resolved to defer determination of the application in order for design negotiations to take place. A further consultation response was also awaited from the Environment Agency regarding the acceptability of the information submitted in respect of soakaways and land contamination. Copies of the report to that meeting and the minutes are attached as Appendix 1. Amended plans were received on 15 July 2010 in relation to the design of the proposed dwellings. The overall design of the scheme has been amended in an attempt to reflect more of the character of the dwellings that look onto ‘The Green’ to the north west of the site rather than the row of terrace dwellings directly adjacent to it. Following advice from the Housing Enabling Officer further amended plans were received on 31 August 2010, re-designing unit 1 so that there are now three bedrooms at first floor level. Hempton Parish Council and Pudding Norton Parish Council have been re-consulted on the amended plans, which have also been re-advertised. At the time of writing this report comments were awaited. The Committee will be updated orally at the meeting regarding this matter. Representations received since previous report In response to the original comments of the Environment Agency contained in the report of the 10 June 2010 (see Appendix 1) the applicants’ agent provided further information in relation to the location of soakaways and land contamination, and the use of piling. The agent provided an annotated site layout plan indicating the location of the site investigation excavations and depth of fill/made ground. The plan also indicated an area hatched in red which represents an area having minimal thicknesses of made ground with little or no contamination. It is in this area where the construction of the cellular soakaways to serve roofs and the length of the private access road would take place. The main parking hardstanding could be constructed so as to drain to soakaways or could be constructed using SUDS-compliant permeable pavement finishes. The agent also confirmed that, based on the site investigations to date, there is no reason to consider piled foundation construction. The foundations proposed would comprise traditional strip/trench fill foundations extended in depth to bypass the made ground which has been determined as being at relatively high levels. Development Control Committee 1 23 September 2010 This information was sent to the Environment Agency for further consideration and a response has now been received. Clarification has also been provided that the paving would comprise conservation kerbs with golden gravel rolled into the asphalt surface, and plans have been received in respect of boundary treatments and details of the storage building for the flats. Consultee Updates Building Control Manager I refer to the above mentioned application and to your request for comments, particularly in relation to objections received concerning the waterlogged nature of the ground and the damage which could potentially be caused to the existing adjacent dwellings by the disturbance of the water table. Waterlogged ground is not an uncommon problem and is regularly encountered in the Broads area of the District. When this problem is encountered the normal method of construction is to install lean-mix concrete in the excavations to raise the working level up above the water table. A second, reinforced, dense concrete strip is then installed above this onto which construction then takes place. In the case of the dwelling erected adjacent to 19 Dereham Road in 2007/08, the excavations revealed a fill material overlaying much of the site through which it was necessary to excavate into the chalk/clay strata beneath at a depth of up to 1.5m below ground level. Ground water was encountered during the excavation although I am unable to confirm its actual level. With regard to the effect the disturbance of the water table may have on the adjacent properties, I am afraid that I do not have the expertise to comment. It is not a situation I have encountered before and would suggest that it may be necessary to appoint a specialist to comment on this in detail. Environment Agency (Comments in relation to additional information submitted by applicant in relation to location of soakaways and piling and land contamination) We are happy for clean roof water to go to ground provided that all water down pipes are sealed against pollutants entering the system via surface run off. All drainage systems should be sited away from the areas where low levels of contamination have been found within the made ground cover at the site. We can permit the use of shallow cellular soakaways in areas away from the low level contamination. The use of SUDS is supported for parking areas and roadways. If any drainage is to be sited within the area of contamination we will need to see a full risk assessment before we can determine whether they are acceptable. We note that piled foundations will not be used. Conservation, Design and Landscape Manager (Conservation and Design) (Comments on amended plans) Following the recent deferral at Committee, design negotiations have focused on securing some variations in the form and design of the proposed buildings. Hence, rather than the straight terraced form of the original submission, the units have been split into a number of complementary elements which retain their own identity. Unit 7 starts the scheme off by following the theme of the adjacent properties. Units 5 and 6 then step up to provide the main focus of the block (the chimneys at ridge level help in outlining this design intent). Unit 4 then projects a gable to help frame one side of the entrance. Development Control Committee 2 23 September 2010 On the other side of the access point, the larger hipped gable on Unit 2 provides a good counterpart to Unit 4 (but without appearing as a pair of bookends). From this, there are steps down to a single storey lean-to on Unit 1 which would help the development respond better to the countryside beyond (i.e. by petering out gradually). With variations also now shown in the fenestration and the materials, it is considered that the scheme would not harm the significance of this part of Hempton’s Conservation Area. In the event of Committee receiving this amended scheme more favourably, it is recommended that the previously suggested conditions be imposed on the approval notice. Housing Enabling Officer (Comments on amended plans including update on figures) In summary there are now 44 households on the Housing Register from Hempton and the adjoining civil parishes (Sculthorpe, Dunton and Pudding Norton) which have a housing need and a local connection with Hempton as required by the Rural Exceptions Scheme policy. A breakdown of the total figure is provided. The Housing Enabling Officer notes that there have been substantial changes to the design to create homes with individual character and visual variety, using elements from the dwellings in the immediate surrounding area. In conclusion there is a significant local need for affordable housing which this proposal for 7 dwellings will go someway to meet. The proposed scheme meets with all requirements of Policy HO3 and contributes to meeting the Core Aims and objectives outlined in the Core Strategy and Corporate Plan. Strategic Housing therefore strongly supports this application to develop 7 much needed affordable homes in Hempton. Key Policy Issues The key issues are compliance with adopted Core Strategy Policies HO3, EN2, EN4, EN8, EN13 and CT5 regarding the acceptability of the development, the design of the proposed dwellings, the acceptability of soakaways in relation to contamination of the site, highway issues and effects on the amenities of the area. Appraisal The proposal is considered to comply with Policy HO3 of the adopted Core Strategy, and it has been demonstrated that there is a clear proven local housing need in this location. No objections have been received from the Environment Agency in relation to soakaways and contamination, and no objections have been received from the Conservation, Design and Landscape Manager or the Housing Enabling Officer regarding the amended plans. It is therefore considered that the issue of design has been addressed and that the Environment Agency, subject to conditions, is satisfied with the information that has been submitted. The Building Control Manager has confirmed that the ‘waterlogged’ nature of the site is not an insurmountable problem and would not prevent the construction of the proposed dwellings on the site. In terms of the effect that the development may have on the water table and adjacent properties the views of the applicant are being sought and the Committee will be updated orally at the meeting. This matter has been discussed with the Environment Agency which has advised that this issue is outside the limits of the advice it can provide. Development Control Committee 3 23 September 2010 Based on the information submitted including the amended plans and satisfactory resolution of the impact on the water table the proposal is considered to accord with Development Plan policies. RECOMMENDATION: Delegated authority to approve subject to no further grounds of objection being received from the Parish Councils or following expiry of the readvertisement of the amended plans on site and in the press and the satisfactory resolution of the impact of the development on the water table and subject to the imposition of appropriate conditions. PUBLIC BUSINESS – ITEMS FOR DECISION PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. 2. BLAKENEY - PF/10/0897 - Erection of ground and first floor extensions; Moonrakers, Back Lane for Mrs Rogerson Target Date: 06 October 2010 Case Officer: Mr G Linder Householder application CONSTRAINTS Residential Area Conservation Area Area of Outstanding Natural Beauty RELEVANT PLANNING HISTORY 19790290 - Erection of house and garage Approved 18/06/1979 THE APPLICATION Seeks to restyle and extend a dwelling dating from the late 1970s. The alterations would involve retaining the central two storey element of the building but increasing the pitch of the roof from 35 to 45 degrees and inserting new bay windows to the north and south elevations with an over-sailing gable detail. The footprint of the existing single storey element, which joins the main body of the building to the east would be extended to provide a new double garage with accommodation in the roofspace in the form of a dressing room and en-suites. In addition the single storey wing to the west would be increased in width by 3.5 metres so as to provide a new living room and entrance hall at ground floor with two additional bedrooms and en-suites in the roofspace, making a total of five bedrooms. The first floor accommodation would be lit by a combination of gable and dormer windows. As part of the restyling it is intended that the existing brickwork would be refaced with a combination of brick and flint at ground floor with tile hanging to the apex of the north and south facing gables, whilst the natural aluminium windows would be replaced with cream coloured PVCu frames. In addition the concrete tiled roof would be replaced with black smut clay pantiles. Development Control Committee 4 23 September 2010 In total the extended dwelling, including the double garage would provide for a total floor area of some 260 sq metres. As part of the scheme an existing conservatory to the rear south elevation would be demolished. An amended plan has been received which shows two additional car parking spaces, changes to the first floor window to the north facing gable and the replacement of the proposed PVCu window frames with cream painted timber. REASONS FOR REFERRAL TO COMMITTEE At the request of the Councillor Brettle having regard to the following planning issues:Increase in scale of the dwelling and its elevational detailing. PARISH COUNCIL – Awaiting comments. REPRESENTATIONS Five letters of objection have been received from local residents which raise the following concerns: (summarised). 1. Overdevelopment of the site. 2. The visual impact of the building will be overbearing on the area. 3. Could adversely affect protected trees. 4. There will be inadequate car parking for a property having five bedrooms. 5. The use of tile hanging is not in keeping. 6. The master bedroom is too large and ugly. 7. The use of PVCu windows is inappropriate. 8. The first floor windows should not protrude. 9. The western aspect of the building is ugly and out of character. 10. The Blakeney Village Design Statement indicates a preference for vernacular building materials, not tile hanging and PVCu windows. 11. The bay window would reduce neighbours privacy. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) - No objection. Conservation, Design and Landscape Manager (Landscape) - Awaiting comments. Environmental Health - Awaiting comments. 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). Development Control Committee 5 23 September 2010 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. Design. 3. Impact on Conservation Area. 4. Car parking provision. 5. Impact on amenities of neighbouring properties. 6. Impact on adjoining trees. 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 extension and alteration of the dwelling as proposed are acceptable subject to complying with other Core Strategy policies including EN1, EN4 and EN8. Policy EN1 requires that development does not detract from the special qualities of the Norfolk Coast AONB, whilst 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. Design which fails to have regard to local context and alterations and extensions, should preserve or enhance the character and appearance of designated assets, in this case the Blakeney Conservation Area. Furthermore proposals should not have a significantly detrimental effect on the residential amenity of nearby occupiers and new dwellings should provide acceptable residential amenity. In this case given the location of the site the development would have no impact on the Area of Outstanding Natural Beauty. In design terms, although the proposed extension would result in a significant increase in the scale and massing of the dwelling with the ridge height of the main cross wing increasing by some 1 metre, it is considered that the appearance of the building would be additive in form which would accord with the North Norfolk Design Guide. In terms of the elevational treatment, detailing and materials, given the mix of architectural style of dwellings in the surrounding area, it is considered that the proposed alterations would blend successfully and would overall enhance the appearance of what is currently a very bland and uninteresting building. The Council’s Conservation, Design and Landscape Manager has indicated that the existing building fails to make a positive contribution to its surrounding and as the scale and massing of the building as proposed has been broken down into a number of elements this is not considered to be a ground for objection. In terms of the elevational treatment and palette of materials these would give the dwelling a reasonably coherent end result which would enhance the appearance and character of the Blakeney Conservation Area. The Blakeney Village Design Statement, states that "non traditional materials are considered inappropriate throughout the Conservation Area". In this particular case, the use of tile hanging is considered to be more appropriate than a rendered finish as it would be more recessive in nature whilst in respect of the proposed use of cream coloured PVCu window frames the agent has confirmed his client’s agreement to replace these with cream painted timber frames. Development Control Committee 6 23 September 2010 The scheme as proposed would provide for two car parking spaces within the double garage and two immediately in front of the dwelling. In addition the amended plan shows two further spaces, which would provide more that adequate car parking for a dwelling of this scale and which would comply with the parking standards contained in the Core Strategy. The available amenity space would accord with the North Norfolk Design Guide. As far as any impact on neighbouring properties is concerned, the only potential for additional overlooking would be from the north facing first floor window to bedroom 3 which would look towards The Music Room, sited some 40 metres to the north. However due to the amount of planting within this property, particularly towards the southern boundary it is not considered that the scheme as proposed would result in any amenities issues for occupiers of that dwelling. At the time of writing the report the comments of the Conservation, Design and Landscape Manager were awaited in respect of the trees which are covered by a Tree Preservation Order which front the western boundary adjoining Back Lane and also the eastern boundary with North Lea. In addition the comments of Environmental Health were awaited. It is therefore considered, subject to no objection from outstanding consultees, that the scheme as amended would accord with Development Plan policy. RECOMMENDATION: Delegated authority to approve subject to no objection from outstanding consultees and the imposition of appropriate conditions. 3. FAKENHAM - PO/10/0898 - Erection of two detached one and a half storey dwellings; Lavengro, Heath Lane for Mr Gilchrist Minor Development Target Date: 08 October 2010 Case Officer: Miss J Medler Outline Planning Permission CONSTRAINTS Tree Preservation Order Contaminated Land Wensum Valley Project Area Residential Area RELEVANT PLANNING HISTORY PLA/20091037 PO Erection of Two-Storey Dwelling and Single-Storey Dwelling Approved 30/11/2009 THE APPLICATION Is for the erection of two detached one and a half storey dwellings, with only means of access to be considered at this stage. The existing dwelling would be retained as would the vehicular access into the site from Heath Lane. Development Control Committee 7 23 September 2010 The proposed plots are to the east and west of the existing dwelling. High boundary walls on the east, north and west boundaries are shown to be retained, and a Lime and a Horse Chestnut tree are also to be retained. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillors Gloria and John Lisher having regard to the following planning issues: 1. Impact upon trees subject to a Tree Preservation Order 2. Landscape impact 3. Highway safety 4. Density 5. Site contamination & subsidence 6. Compliance with Core Strategy policies TOWN COUNCIL Object. It is excessive over-development of garden land and will exacerbate an already problematical highway situation and will have an adverse effect on the unadopted and frail surface of the lane. REPRESENTATIONS Seventeen letters of objection have been received from local residents raising the following points: 1. Overdevelopment 2. Highway safety 3. Increase in traffic 4. Adverse impact upon unadopted lane 5. Loss of privacy 6. Site is contaminated 7. Impact upon trees 8. Subsidence on site 9. Condition of surface on lane is poor 10. Inappropriate access to site 11. Contrary to Policies EN2, EN4, EN13, CT5, CT6 12. Detrimental effect on residential amenity of neighbouring dwellings CONSULTATIONS County Council Highway Authority - Heath Lane is a wide surfaced private road with footpath provision, accessed from north Norwich Road and Warren Avenue. Visibility at the junction with the Norwich Road (C551) from Heath Lane is acceptable in both directions. There are currently approximately 38 dwellings which are accessed via Heath Lane, which is well above the maximum number of 8 dwellings, now permitted to be served from a private road. Given this existing situation it would be considered that the proposed increase in dwelling numbers accessed via Heath Lane would not adversely impact highway safety given the level of visibility available I am unable to raise a sustainable highways objection. If permission were granted a condition regarding details of parking provision and turning areas in accordance with adopted standards for the new dwellings and existing would be required. Development Control Committee 8 23 September 2010 Conservation, Design and Landscape Officer (Landscape) - No objection. Although the application does not directly assess the layout for the proposed development, consideration has to be given as to whether the development site can accommodate the erection of two new detached one and a half storey dwellings without compromising the protected trees on the site. Given that the area in the north east of the site is now devoid of trees, this appears to be an appropriate location for one of the dwellings. The remaining area for a dwelling would be in the north west corner of the plot which contains two of the protected trees. Although there is no Arboricultural Implications Assessment (AIA) to highlight the issues arising as a result of the trees on the site, expected issues include root protection areas, shading implications of the Horse Chestnut tree, future growth and maintenance of the trees and protection of the trees during construction. The Council aims to manage the future growth and maintenance of trees and address shading issues through having an exclusion zone around the canopy of the protected trees, i.e. no new dwelling should be sited within 10m of a protected tree's canopy edge (or 5m, if it is a gable end). Construction should also be outside of the root protection areas of trees. With these simple guidelines in mind, and without the benefit of a full Arboricultural Implications Assessment (AIA) and accurate Tree Survey, there appears to be sufficient space to locate a dwelling to the west of the existing property. However, any future application for reserved matters should be accompanied by a full AIA, Tree Survey and Arboricultural Method Statement (AMS), illustrating the full impact to the protected trees on the site and adjacent to the site, tree protection requirements and construction methodology. This should be made a condition of any planning permission given. In terms of the access to the proposed dwellings this goes between protected trees, therefore there could potentially be issues surrounding additional compaction to the soil environment in this vicinity through increased traffic and damage to the canopies of the trees through direct vehicle impact. The later is a concern particularly during construction. The plan indicates that the existing access will be retained. This may or may not include surfacing. If the existing surface is to be removed and replaced then this will have to take into consideration the impact to the trees and root environment. In order to protect the trees a condition should be attached to any planning permission requiring an Arboricultural Method Statement to be submitted to and approved for the removal and resurfacing of the existing driveway. Any direct physical impact to the trees likely to be caused during construction should be dealt with in the AIA and AMS required for the reserved matters application. Environmental Health - There appears to be some previous association with sand and gravel extraction from 1889 within the proposed development site. On this basis there is potential for unknown filled ground to be present so a condition requiring a site investigation into possible contaminants is required. Sustainability Co-ordinator - In order for the application to comply with Policy EN6 a condition is required on any approval that the dwellings shall achieve a Code Level 2 rating or above in accordance with the requirements of the Code for Sustainable Homes. Building Control Manager - Awaiting comments 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 Control Committee 9 23 September 2010 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 SS 8: Fakenham (identifies strategic development requirements). Policy HO 7: Making the most efficient use of land (Housing density) 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 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of development 2. Highway safety 3. Contaminated land 4. Subsidence 5. Impact on protected trees APPRAISAL The site is located within the development boundary for Fakenham where Core Strategy Policies SS1 and SS8 permit residential development providing it complies with other Development Plan policies. Only the principle of the development of the site for the erection of two one and half storey dwellings and means of access are for consideration at this stage. Fakenham is designated as a Principal Settlement, within which Policy HO7 requires that there should be not less than 40 dwellings per hectare. In view of the site area this would result in 8.9 dwellings on the site. This would result in a development which would not be in keeping with the character of the area. There is a mix of density in the immediate area with a lower level to the east and higher level to the west. In accordance with the requirement of Policy HO7 it is not considered that the addition of two more dwellings on this site would be out of keeping with the character of the area. It is considered that the proposal complies with Policy HO7 of the Core Strategy. Development Control Committee 10 23 September 2010 The existing access off Heath Lane would continue to provide the vehicular access into the site. Heath Lane itself is an unadopted road, the upkeep of which is the responsibility of residents. One of the objections raised by local residents is that the development would have an adverse impact on the condition of the unadopted road. However, this is a civil matter not a planning matter. The Committee will note that the Highway Authority is not raising an objection to the application, subject to a condition requiring that parking and turning provision is in accordance with adopted standards. A further area of concern raised by local residents is that the site is contaminated having once been used as a municipal waste dump for the disposal of commercial, residential and hazardous waste. The Council’s Environmental Protection Officer has requested the imposition of a condition requiring an investigation into the possible presence of contamination affecting the site prior to the commencement of any development. Concerns have also been raised regarding subsidence on the site. However, the Building Control Manager has been consulted on this matter and the views of the applicant have been sought. The Committee will be updated orally regarding this matter at the meeting. Two trees are subject to Tree Preservation Orders on the western boundary of the site, which are to be retained. The Conservation, Design and Landscape Manager is not raising an objection, subject to the imposition of conditions including the submission of an Arboricultural Implications Assessment, Tree Survey and Arboricultural Method Statement with the Reserved Matters application. This information would include details of the full impact to the protected trees on the site and adjacent to the site, tree protection requirements and construction methodology. A condition is also required for an Arboricultural Method Statement to be submitted and approved for the removal and resurfacing of the existing driveway. Whilst scale, layout and appearance of the dwellings are not for determination, it is considered that two one and a half storey dwellings could be designed in such a way that they would comply with the Amenity Criteria in the North Norfolk Design Guide, and would be acceptable in this location. It is considered that the site is capable of accommodating two one and a half storey dwellings without causing significant detriment to the character of the area. The Highway Authority has confirmed that the access is suitable for such a development, and there appears to be sufficient space to locate two dwellings on the site without detriment to trees subject to a Tree Preservation Order. It is therefore considered that, subject to the satisfactory resolution of the subsidence issue, the development would be in accordance with Development Plan policy. RECOMMENDATION: Delegated authority to approve, subject to the satisfactory resolution of the subsidence issue, and the imposition of appropriate conditions. Development Control Committee 11 23 September 2010 4. KELLING - PF/10/0619 - Change of use of livery yard to a mixed use of livery yard and riding centre; Squirrel Wood Equestrian Centre, Warren Road, High Kelling for Mrs L Davies Minor Development Target Date: 23 July 2010 Case Officer: Mr G Linder Full Planning Permission CONSTRAINTS Area of Outstanding Natural Beauty Countryside RELEVANT PLANNING HISTORY PLA/20040591 PF - Retention of residential caravan occupied in connection with stable yard Refused 27/05/2004 A 10/03/2005 PLA/20080339 PF - Continued siting of residential caravan Approved 25/04/2008 THE APPLICATION Seeks retrospective permission for a change of use of livery yard to a mixed use of livery yard and riding centre with 4 of the existing 14 stables being used as Do it Yourself livery with the remaining 10 stables operating as working livery with the horses used in the Riding Centre aspect of the business. REASONS FOR REFERRAL TO COMMITTEE Required by the Head of Planning and Building Control in view of the complexity of the planning history and policy issues affecting the case. PARISH COUNCIL – No objection REPRESENTATIONS Thirteen letters of objection from local residents, three of which are from the same person, which raise the following concerns (summarised): 1. The existing private concrete roadway, was built for the convenience of local residents in Warren Road to avoid farm traffic passing their properties and is totally inadequate for the intended use. 2. Conservative estimates show that traffic volumes along the concrete road would be at an absolute minimum of around 8,000 vehicular movements per year and may be up to more than 17,600 per year, as the business expands. 3. There is a dangerous junction where the access road meets Bridge Road. 4. The road is only single track in places with the result that the increased traffic movement and speeding vehicles are making it difficult and dangerous for residents of Warren Farm Barns to access their properties. 5. The traffic volume has increased around 50% since this new business was established. 6. Part of the access is over a public footpath which in recent years has been abused being used as a cycle path. 7. The roadway is also used by other traffic including local residents at Warren House Farm and Warren Barn together with residents of Warren Road who have legitimate vehicular access rights, and also large farm vehicles. 8. The roadway from Bridge Road to Warren Road has no public right of way. 9. The right of way was originally granted by the landowner for the occupants of Squirrel Wood Farmhouse. Development Control Committee 12 23 September 2010 10. On recent occasions the roadway has also been used by coaches dropping children off at the Riding Centre. 11. Questions the legal right of access over the roadway. 12. The increased traffic movements along the concrete road will result in a conflict between walkers using the public footpath, farm vehicles and traffic accessing the Riding Centre, increasing the danger for all users and risk of accidents. 13. The proposal is for a retail type business which is contrary to the business uses previously approve at Warren Farm, where retailing was not allowed due to increased traffic movements. 14. The development would affect the Human Rights of local residents who have a right to the “peaceful enjoyment of their possessions”. 15. We do not believe a business use has ever been permitted at Squirrel wood Farm. 16. The proposed development would adversely affect the peace and tranquillity of this part of the Area of Outstanding Natural Beauty. 17. The site is totally unsuitable for any increased commercial use. Thirty one letters of support have been received which make the following comments (summarised): 1. The Equestrian Centre is a true asset to the area where good quality riding establishments are becoming increasingly rare. 2. The numbers of vehicular movements are very limited. 3. Squirrel Wood is ideally located for peaceful and enjoyable riding way from busy roads. 4. This is a much needed facility. 5. It is good for the local community to have a good safe riding school for young people and adults to enjoy healthy outdoor activity. 6. It is about time North Norfolk had a decent riding school. 7. As long as we can remember people have been enjoying riding at Squirrel Wood with many campers walking through the woods to the school, which does not cause any traffic. 8. Squirrel Wood has been a livery yard as long as I can remember. I rode a friends horse kept in livery there thirty years ago. 9. It would be a huge shame if this excellent facility vanished from our community. 10. The facility is good for the local economy. 11. It is an ideal facility for disabled riding. 12. As a resident of Warren Road for over 27 years we have been aware of horses and related pursuits at Squirrel Wood since at least 1987 and are very happy that a local person is running a business that provided a much needed service to the local population. 13. The nearest riding stable is at Thwaite Common which is some distance away and oversubscribed. 14. I used to help at Squirrel Wood Farm some 17 years ago when in addition to several horses being in livery they offered riding holidays and hacks and also had a cross county/Hunter trail course. Two letters which make the following comments (summarised): 1. Whilst there has been a vast increase in traffic going to Squirrel Wood we have no objection to the Equestrian Centre provided that vehicles do not have access down Warren Road. 2. Better signage would also help to ensure that traffic did not go along Warren Road and also “slow” signs or traffic calming measures. A letter has been received from the applicant's agent seeking to clarify the previous use of the site, the rights of access and the current vehicular usage of the site. Development Control Committee 13 23 September 2010 CONSULATIONS Kelling Parish Council - No response Bodham Parish Council - No response County Council (Highways) It has been established that the livery stable with accommodation for 15 horses (based on the Inspector's findings) and 8.5 hectares of surrounding land has been active on the site for a number of years; this could, if utilised, have the potential to generate approximately 61 movements per day (up to 22265 movements/annually (over 365 days)). Using this figure as a base to assess the impact of the proposal using the applicants' figures supplied cross referenced with my own assessment of the likely movements generated by the proposed change to mixed use. A spreadsheet supplied by an objector indicates a range of movements from a minimum 7780 to maximum of 17640. My own assessment of the likely movements indicates a wider range purely for the equestrian centre, from a minimum of 8577 to a peak time maximum of 26092 movements annually, this is using the peak summer figure over the whole year period. It would be unrealistic to use the peak time figure over an entire annual period. I would therefore suggest an average figure giving 64 movements per day (a maximum figure of 21623 movements over 310 days per year). This represents a very marginal daily increase, but over a 6 rather than 7 day period. The applicants’ agents indicate a figure of 27 movements per day based upon the previous years bookings, even with a 100% increase in this figure, the cumulative figure of 54 movements per day remains below the 61 movements for the established livery use. Concerns have previously been raised regarding the intensification of use of the access onto Bridge road, in respect of the suitability of the available width of the access for the first 10 metres where improvements would be sought if any intensification of use were proposed. In this instance it would appear that the levels of traffic generation between the previous and proposed uses are below or very similar, the Highway Authority are therefore unable to raise an objection to the proposal. The site has been operating for some time, with only recent complaints being made to the Highway Authority regarding the use of the access route by large coaches. It appears that these are failings by the coach operator to adhere to the clients instructions. The principle of using minibuses to bring clients to the site is seen to be beneficial in terms of reducing the impact upon the highways as there is the potential for a significant reduction in vehicular movements. Given the assumptions made in the likely traffic generation figures I would be supportive of a temporary consent to continue monitoring the impact of the proposal on the surrounding road network Development Control Committee 14 23 September 2010 Environmental Health - No objection or comment 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 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 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. Access and highway safety implications. APPRAISAL Access to the site is via a concrete roadway from Bridge Road which is approx 800m in length, and part of which is a public footpath. The site is located within the Countryside Policy area as defined by the North Norfolk Core Strategy where in principle Policy SS2 would allow development which requires a rural location including recreation and tourism, subject to compliance with other policies, including EN1, EN2 and CT5 and CT6. In the case of Policies EN1 and EN2 development is permitted where it is appropriate to the economic, social and environmental well being of the area and does not detract from the special qualities of the North Norfolk Coast AONB and protects, conserves or where possible enhances the local distinctiveness of the area. Policies CT5 and CT6 require that development proposals be designed to reduce the need to travel and to maximise the use of sustainable forms of transport appropriate to its particular location. Development proposals will be considered against the criteria of providing for safe and convenient access on foot, cycle, public and private transport addressing the needs of all, including those with a disability, and being capable of being served by safe access to the highway network without detriment to the amenity or character of the locality. In addition adequate vehicle parking facilities are required to serve the needs of the proposed development. Development Control Committee 15 23 September 2010 An equestrian centre is considered to require a rural location as the riding and welfare of horses is a country pursuit and horses require adequate paddock area for grazing. Furthermore such a use contributes to the economic and social well being of the area through the promotion of recreation and tourism, which is particularly relevant in this case, given the close proximity to Kelling Heath Holiday Park, which can be accessed on foot. In terms of the landscape impact of the equestrian centre, the site is in a fairly isolated location some 800m from the nearest main road. Adjoining the site to the east is Great Wood, a dense mixed woodland, whilst to the north is the holiday park which again consists of large areas of dense woodland interspersed with static caravans, and touring and camping pitches. Similarly views of the site are masked when approaching the site from the west along Warren Road by roadside hedges and a dense hedgerow which follows the western boundary of the site. Therefore views of the equestrian centre/stable block and related equipment are only obtained from fairly close quarters around the site boundary and as such the development does not have an adverse impact on the landscape quality of the area. However major concerns of local residents are the legal rights of access to the site and the increase in traffic movements which have resulted from the use of the site as an equestrian centre. The applicant's agent has advised that it is his understanding the legal right to use the access and concrete road is that there is an unrestricted right of way over the concrete road from Squirrel Wood Farm to Bridge Road, with agricultural restrictions having been lifted in 2001. However as he rightly points out this is an issue to be resolved outside the scope of the planning application and should not affect its determination. As far as any intensification in the use of the access roadway is concerned the available evidence, both circumstantial and quantitative, suggests that prior to its recent use as a mixed use of livery yard and riding centre (which is in its first season), livery use has operated at the site for at least 20 years. During that time letters in support of the current application suggest that in addition to livery the then owners offered riding holidays and hack and also had a cross country/hunter trail course. However in trying to establish a base line for the use of the site as a livery yard and the potential traffic generated the quantitative evidence relates to two planning applications. The first in 2001 relates to a Certificate of Lawfulness to occupy Squirrel Wood Farm House, immediately to the south of the site without complying with an agricultural occupancy restriction. At that time an affidavit accompanying the application referred to the stables which were within the same ownership being used for the stabling of six horses, four in the then occupier's ownership and two belonging to friends. Following the sale of Squirrel Wood Farm House and the site, in 2004 the new owner made an application for the retention of a residential caravan on the site occupied in connection with the stable yard. Following its refusal the application was the subject of an appeal to the Planning Inspectorate. The appellant's statement referred to race and equestrian horses being stabled at the site whilst in the appeal decision the Inspector described Squirrel Wood as “some 8.5 acres of former farmland that has been subdivided into a number of paddocks, including a ménage. The residential caravan that is the subject of this appeal is situated towards the south eastern corner of the site, to the north of a substantial blockwork barn that is used to stable some 15 horses and for the storage of feedstuffs and tackle”. In addition the Inspector made Development Control Committee 16 23 September 2010 reference to the fact that “the keeping of racing and equestrian horses does not constitute an agricultural use”. In granting permission for the retention of the caravan on the basis of the stabling, paddocks and associated activities, the Inspector observed that the “exceptionally well run” and “well maintained” facilities “contributed to the attractive appearance and economic health of the surrounding countryside”. On the basis of that decision it is considered that the Inspector accepted that a professionally run livery stables and associated paddocks were being operated at Squirrel Wood Farm at that time of sufficient standing to justify the granting of planning permission for temporary residential accommodation on the site. Furthermore he considered the lawful use of the site as an independent operation from the adjoining dwelling and not as being solely in association with the residential use of Squirrel Wood Farm. In view of this decision it is clear that a livery stable with accommodation for 15 horses and 8.5 hectares of surrounding paddock has been active on the site for a number of years and that although it has never benefited from planning permission as such a Certificate of Lawfulness could be applied for. Based on this evidence assuming the site were to be used solely for commercial livery in the "worst case" scenario, the site and adjoining Squirrel Wood Farm House has the potential to generate the following traffic movements per year, i.e. 1 movement = to or from the site. Activity Movements Total Horse owners visiting the site - (based on 4 movements per day) 21,900 Vets (assumption based on a visit once a month) 24 Deliveries of hay and feedstuffs - (assumption based on 2 movement per week) 104 Occupier of residential caravan - (based on 6 movements per day) 2,190 Squirrel Wood Farm House (based on 12 movements per day) 4,380 Overall total of traffic movements 28,598 Having sought clarification for the applicant on the current usage of the site in response the agent has confirmed that the total number of existing stables on the site is in fact 14, of which 4 are used as public (DIY) livery and the other 10 livery stable horses are used in association with the riding centre. However due to staffing levels the 10 horses would not all be used at the same time. In terms of the hours of operation the riding centre is open Tuesday to Saturday (inclusive) from 10am to 12.15pm, and from 2pm - 4.15pm, a total of (4.5 hours per day). On Sundays the hours are 10:00am to 12:15pm and the centre is closed Mondays and all bank holidays. The agent suggests based on actual bookings between 5-6 cars per hour may visit the site when the riding centre is in use at peak times, inclusive of riding centre and livery visits. This equates to an upper figure of 27 vehicle movements over a 4.5 hour period, or approx. 14 vehicles making 'to and from' journeys in the same period. He goes on to suggest that typically there would be no more that 14 vehicles visiting the site throughout the entire working day which includes the 3 full time members of staff. On the basis of the current hours of operation, in the worst case scenario a maximum of 10 horses could be ridden by clients in association with the riding centre. However given the fact of these 10 horses some could be ridden by staff or being rested it is extremely unlikely that with the exception of peak times that all the horses would be ridden at any one time by clients. However based on the assumption that the premises are being operated at maximum capacity the overall use has the potential to generate the following traffic movements per year. Development Control Committee 17 23 September 2010 Activity Clients x 10 horses Movements (based on 11 sessions per week with clients being dropped off and picked up making 4 movements per client per session)) Livery x 4 horses (based on 4 movements per day 365 days per year). Staff x 3 (based on 2 movements per day 6 days per week) Vets (assumption based on a visit once a month) Deliveries of hay and feedstuffs - (assumption based on 2 movement per week) Occupier of residential caravan - (based on 6 movements per day) Total 22,880 5,840 1,872 24 104 2,190 Total traffic movements from Equestrian centre 32,910 Plus Squirrel Wood Farm House - 37,290 The above figures do not make allowances for other potential usage of the driveway such as postal and parcel deliveries. Also the projected figures are clearly based on the worst case scenario in both cases and to date the livery yard has always been operated on a fairly low key basis and there is not evidence to suggest that it has ever generated anywhere near the figures projected above. Similarly the figures for the riding centre are based on the site running at full capacity 52 weeks of the year which based on booking figures provided by the applicant is clearly not the case, with some days during the off peak times of year having had no riding sessions. Furthermore the above figures assume each client is dropped off and picked up making 4 vehicular movements per session when in fact the applicant suggests that in the region of half the clients drive themselves to the site, which only equates to two vehicular movements. A further consideration is the impact of the use of the site on the public footpaths, one of which, FP6, runs the full length of Warren Road, forming part of the concrete access road with the other, FP9, running from Warren House Farm past the site to Great Wood. Although it would appear that Squirrel Wood has a private right of passage over the concrete roadway, as public footpaths they are used by walkers, and cyclists, although the latter is not strictly allowed. Nevertheless footpath FP6 is well used serving as an direct route from the Kelling Heath Holiday Park towards Holt. In addition Warren Farm Barns, which are close to the junction with the Squirrel Wood and which has been converted into a number of residential units, has vehicular access directly onto the concrete roadway, as does Warren House Farm, whilst slightly further to the south is a large grain storage building which faces Warren Road which at certain times of the year is used by HGV lorries either collecting or delivering grain. The roadway is also used by tractors and other farm machinery accessing fields in the vicinity of the site. Therefore at certain times there is the potential for both conflict between walkers and cyclists, plus residents, farm machinery and users of the site, which given the single width nature of the roadway could cause safety issues. Furthermore there are no passing places along its length, with the exception of the 90 degree bend where the concrete farm road joins Warren Road, where the roadway is wide enough for two vehicles to pass. The Countryside Access Officer at Norfolk County Council has however confirmed that public rights and private rights can co-exist but the private right holders should exercise the appropriate due care and attention when using a route that is shared with pedestrians. Development Control Committee 18 23 September 2010 The Highway Authority, based on an assessment of the likely impact on the highways network when compared to the movements which could have been generated by the historic use of the site, has concluded that the levels of traffic generation between the previous and proposed uses are below or very similar. On that basis it has indicated that it is unable to raise an objection, but would be supportive of a temporary permission in order to allow continued monitoring of the impact of the proposal on the surrounding road network. In view of the Highway Authority's response, whilst the concerns raised by local residents regarding the potential increase in traffic movements have been taken into account given the evidence which suggest that the previous livery use could have generated significant traffic movements it is not considered that refusal of the application could be justified on highway safety grounds. In terms of the impact upon local residents' amenities, under the worst case scenario, outlined above, it is estimated that the proposed use could generate an additional 4312 traffic movements per year, which equates to 11.8 per day. However it is difficult to assess the extent to which this would affect local residents particularly as in practice traffic movements are likely to be significantly less than this figure. In summary it is therefore considered that the principle of a mixed use of livery and equestrian centre is an acceptable use in this rural location would have no significant landscape impact, and would accord with the Development Plan. However due to the length and single track nature of the access road the proposed use of the site could adversely affect users of the roadway and the residential amenities of the occupiers of dwellings in the vicinity of the site due to noise and disturbance from the traffic generated. This needs to be weighed again the present use of the site, which although not benefiting from planning permission, has clearly been in operation for the livery of horses for a number of years and has the potential to generate a significant amount of traffic. In view of the difficulty of drawing definite conclusions concerning traffic volumes and the potential impact on residents' amenities and as suggested by the Highway Authority, in order to allow the traffic resulting from the use of the site to be monitored it is recommended that permission be granted on a temporary basis for a period of 18 months. In addition it is recommended that restrictions be imposed limiting the number of horses which can be used by the riding centre element of the business at any one time. RECOMMENDATION: Approval for a temporary period of 18 months, subject to conditions restricting the number of horses which can be used at any one time in connection with the riding centres element of the business. Development Control Committee 19 23 September 2010 5. MELTON CONSTABLE - PF/10/0738 - Erection of general purpose agricultural building; Land off Melton Road for G W Harrold & Partners Major Development Target Date: 03 November 2010 Case Officer: Mr G Linder Full Planning Permission CONSTRAINTS Countryside Employment Area Archaeological Site Conservation Area RELEVANT PLANNING HISTORY PLA/20090988 PF - Erection of general purpose agricultural building Withdrawn 08/01/2010 THE APPLICATION Is for the erection of a general purpose agricultural building for the storage and drying of grain and storage of farm implements. The main building, which would be orientated east- west would, measure approximately 60m x 30m, 8m to the eaves and 12m to the ridge, and would be divided into two equal areas with two roller shutter doors to the western gable end serving one half of the building. In addition to the western gable end, sited between the roller shutter doors, would be a small lean two building measuring 6m x 6m which would house the electric power supply and fans. A further two roller shutter doors would be located to the southern elevation serving the remainder of the building. Attached to the north of the main building would be a lean to implement store measuring 30m x 9m with 6m eaves which would have five roller shutter doors to the north elevation. The main building would have self coloured concrete grain walling to 3.6m above ground level with the remaining walls being finished in olive green vertical emphasis steel cladding, whilst the roof of the whole building would be of natural grey fibre cement sheeting. The roller shutter and personnel doors would also be of an olive green finish. Access to the site would be via the entrance to the Industrial Estate off Hindolveston Road, through part of a site currently used as a builder’s yard. Within the site itself, which has an area of just over 0.6 hectares, there would be a 4m wide concrete roadway serving a hard standing to the west and south of the main building. To the north a hardcore area would serve a further concrete hard standing adjacent to the implement store. An amended plan has been received which reduces the pitch of the main roof to 12.5 degrees to the overall height of the building to 11 metres. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Combe for the following planning reasons: The scale of the building, potential noise and disturbance and increased traffic movements. Development Control Committee 20 23 September 2010 PARISH COUNCIL Object to the application on the grounds that the size of the building would be a dominant feature in the landscape when approaching the village from the west, and would not fit in with the existing buildings that are close by. They are also concerned by possible noise pollution, although understand that this can be mitigated if insulation is installed around the fans. REPRESENTATIONS Fourteen letters of objection have been received from local residents raising the following concerns (summarised): One letter indicates that their objection is supported by three further residents of Astley Terrace. 1. Would increase the potential for noise, dust and dirt affecting properties in the area. 2. The Acoustic Report methodology of making comparisons of different sites where the equipment has been installed is flawed as the location and weather conditions can affect the results. 3. The low drone from the grain dryer fans would affect the peace and tranquillity of Melton Park and the Conservation Area. 4. Would result in more heavy vehicles and increased traffic congestion through the village. 5. If the grain store is not used to capacity it could be put to contract use which could result in grain coming from holdings outside the applicants control increasing traffic movements. 6. The building it to big for the intended site and will look out of place and ugly and would dominate the skyline, being visually intrusive and in dissonance with the adjoining Conservation Area. 7. The building would be out of scale with those on the industrial estate. 8. The building should be located within the industrial estate. 9. Industrial farming methods should not be catered for at the expense of local residents and wildlife. 10. It would potentially spoil and or obstruct views of the water tower which contributes to the railway history of the area. One letter making the following comments (summarised): Whilst not objecting to the building I would like to bring to the attention of the Local Planning Authority that this village has suffered from the constant roar of industrial fans from this area in the past, causing interruption to sleep to those living near the estate. Can residents of Melton Constable be assured that the noise created from the fans will be at a level so as not to cause a nuisance and that they will not operate through the night? CONSULTATIONS County Council (Highways) The location of the building appears to lead to a reduction in vehicular movements through the villages of Hindolveston, Briston and Melton Constable by removing the need to transport grain to Foulsham and Corpusty, which in turn leads to the benefit, that the grain, when transported onwards to merchants, is closer to the classified road network. Whilst in respect of the access the proposed realignment of the boundary fence and hedgerow would result in a significant increase in available visibility to the south. The Highway Authority would therefore raise no objection to the proposal however would require conditions in respect of the provision of the visibility splay and the need for wheel cleaning during the duration of the construction period. Environment Agency - No objection subject to adequate pollution prevention measures being in place to protect controlled waters. Development Control Committee 21 23 September 2010 Building Control - The presence or otherwise of landfill gas has no relevance to this proposal. Conservation Design and Landscape Manager - (Landscape) This amended application addresses previous concerns relating to the orientation of the grain store building and its dominance in the landscape due to its scale and footprint. The revised east – west alignment of the building is more akin to the prevailing development line and layout of the established buildings on the industrial estate. In this revised position the screening from the existing belt of mature pines and the proposed new tree belt would become more effective. The existing mature beech hedge and the belt of existing pines would significantly screen the building along the western site boundary. A 55m length tree belt is proposed along this boundary to further screen the building and to reinforce this hedge boundary. As a result given the revised siting it is considered that the visual impact of the building from the west together with amount of tree planting would result in the impact being fairly localised. In this regard the proposal is now acceptable from a landscape impact, although any further reduction in the height of the building that could be achieved would be welcomed as would a change in the proposed natural cement roof covering to a more recessive colour. Conservation Design and Landscape Manager - (Conservation) The site lies immediately south of Melton Constable Conservation Area, adjacent to the former railway sheds and iconic water tower, the few remnants of the railway era which shaped the development of the village. The significance of the built heritage of the village relating to the railway era is a key factor in the Conservation Area designation. Apart from the railway sheds, the industrial estate holds little relevance to the railway era, dominated as it is by modern industrial and commercial units. The water tower is the most prominent building, especially from the western approach to the village, and was recommended in the 2008 Conservation Area Appraisal for consideration of formal listing. A belt of Scots pines along Melton Road is protected by a TPO. Whilst the grain store would not visually enhance the setting of the Conservation Area it is consider its impact to be neutral due to the predefined industrial/agricultural character of the locality and its relatively low built heritage significance. In conclusion, while the form and scale of the proposed grain store is at odds with the existing buildings in the vicinity, on balance the visual impact of the development on the wider landscape would be relatively localised. For this reason there can be no overriding objection. Environmental Health - No objection subject to the equipment being installed in full accordance with the recommendations made in the acoustic report which accompanied the application, which included noise control measures. 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 Control Committee 22 23 September 2010 POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). 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 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of the development. 2. Visual impact of the building on the landscape. 3. Transport implications of development. 4. Potential noise and disturbance to local residents. APPRAISAL The main part of the site and the proposed building are located within the Countryside policy area as defined by the North Norfolk Core Strategy, whilst the access road through the Industrial Estate is within an area designated for employment and also forms part of the Melton Constable Conservation Area. In the Countryside, Policy SS2 would allow development for agricultural purposes whilst Policy EN2 requires that through their location, scale, design and materials development proposals protect, conserve and where possible enhance the special qualities and local distinctiveness of the area as defined in the North Norfolk Landscape Character Assessment. Similarly EN4 requires that development is suitably designed for the context within which it is set and that the scale and massing of buildings relates sympathetically to the surrounding area. In addition the policy states that proposal should not have a significantly detrimental effect on the residential amenities of nearby occupiers, a concern which is expanded on in Policy EN13 which requires that all development minimises and where possible reduces all emissions, including light and noise, and also ensures no deterioration in water quality. In terms of the principle of development, since the grain store would be used by the applicants in association with their existing agricultural holding, which is predominantly to the south of Melton Constable, extending as far as the village of Hindolveston, it is considered that the scheme as proposed would accord with Policy SS2 of the Core Strategy. As far as the design and location of the building is concerned, however, it is accepted that what is being proposed is undoubtedly a large structure. The scale of the building needs to be set in the context of its surroundings and also existing landscape features, which it is considered would result in the building having a relatively localised visual impact. When approaching the site from the south along Hindolveston Road, due to the dense conifer woodland and roadside hedges views of the site would be restricted as would views from the north due to overgrown Development Control Committee 23 23 September 2010 hedging and Scot pines trees, which are the subject of a Tree Preservation Order. The only other vantage point, other than across roofs of the industrial estate buildings to the north east, would be from the west when approaching Melton Constable along the B1354 Fakenham Road. From here it is possible that part of the western gable end of the building would be seen from a position some 370m from the site. However even from here it is considered that the building would be partially masked by a large group of trees immediately adjoining the site to the south of the former Midland and Great North Railway water tower, which is some 11.5m in height. As a result of the submission of the amended elevations the proposed grain store would have a ridge height slightly below that of the water tower. In addition as part of the scheme it is proposed to reinforce the planting along to the east side of the Hindolveston Road with a 55m x 9m planting belt containing 55 trees planted in three rows. To the south of the field access there would be a further triangular planting belt containing 53 trees. It is considered that the impact of the building on the landscape would be fairly localised. In terms of the building's impact on the adjoining Conservation Area, this area of Melton Constable was designated due to its social and railway history and includes a number of the original engine sheds within the industrial estate which themselves are now in commercial use. The Conservation, Design and Landscape Manager has indicated that whilst the building would not visually enhance the setting of the Conservation Area its impact would be neutral due to the predefined industrial/agricultural character of the locality and its relatively low built heritage significance. Turning to the access arrangements, as part of the development it is proposed that the existing close boarded fence which fronts the Hindolveston Road, to the south of the entrance be set back by approximately 1m so at to provide the necessary visibility required by the Highway Authority. In addition a detailed assessment of transport movements associated with the existing farm arrangements and those which would result from the provision of the grain store have been submitted as part of the application. This shows that the majority of the area farmed is to the south of the village of Melton Constable and that at the present time there is a need to transport grain between Park Farm to the west, Holly Farm to the east, near Corpusty, and Foulsham airfield to the south, depending on the need for drying and storage of grain. As a result at the present time it is often necessary for farm traffic in the form of tractors/trailers and HGV vehicles to travel through Melton Constable. The report states that the proposed building would result in a centralisation of the grain drying and storage facility which would not only reduce travelling time but would also reduce the need to transport much of the grain through the village. The Highway Authority has indicated that it has no objection to the proposal. As part of the application a full acoustic report has been submitted. Due to the fact that at certain times of the year the grain drying fans would need to be run 24 hours a day, this includes night time background noise levels. In addition the building has been designed so that the insulated fan house building, containing two centrifugal drying fans, would be positioned at the western end of the main building, thereby directing any sound away from the village of Melton Constable. The conclusion of the report is that in respect of the closest residences 315 m to the north east the external plant noise level would be well below the World Health Organisation guidelines for night time noise. This has been confirmed by the Council’s Environmental Protection team who conclude that, subject to the equipment being installed in full accordance with the recommendations made in the acoustic report, which included noise control measures, they have no objections to the proposal. Development Control Committee 24 23 September 2010 In respect of external lighting this would consist of 150 watt floodlights fitted above the roller shutter doors and would only be used when the grain store was in use after dark. It is therefore considered that the development as proposed would not have a significantly detrimental impact on the landscape or adjoining Conservation Area, and would result in a reduction in farm traffic through the village of Melton Constable. In terms of the potential noise impact resulting from the drying of grain this would be within acceptable limits. The proposal would therefore accord with Development Plan policy. RECOMMENDATION: Approve subject to the imposition of appropriate conditions. 6. PASTON - PF/10/0737 - Installation of on-shore pipelines and replacement gas processing and treatment equipment together with temporary construction facilities; Eni Hewett Onshore Terminal, Paston Road, Bacton for Eni Hewett Ltd (SC090159) Major Development Target Date: 28 September 2010 Case Officer: Mr J Williams Full Planning Permission CONSTRAINTS Height Restriction (MOD) Undeveloped Coast Public Rights of Way Footpath Area of Outstanding Natural Beauty Archaeological Site Contaminated Land Site of Special Scientific Interest Major Hazard Zone Coastal Erosion Constraint Area RELEVANT PLANNING HISTORY PF/10/0039 PF - Erection of buildings and construction of water holding basin Shell (UK) Ltd Approved 09 April 2010 PF/10/0141 PF - Construction of on-shore gas processing facilities, including pipeline connections to off-shore storage and 100m emergency vent stack - Bacton Storage Company Ltd Approved 27 July 2010 THE APPLICATION Comprises the on-shore development works associated with the proposed Deborah Gas Storage Project. The project involves the transport of treated gas from the National Transmission System (NTS) through the Eni Hewett Onshore Terminal and then offshore to be injected and stored in the 'Deborah' reservoir which is part of the Hewitt gas field located in the southern North Sea. Typically gas injection would take place during the summer period when the national demand for gas is low. During winter months the flow would be reversed via the new onshore facilities and onward to the NTS. Development Control Committee 25 23 September 2010 The project involves the dismantling and removal of a large amount of existing plant and equipment (now redundant) at the terminal, in order to make way for the installation of the new proposed facilities. The terminal site (18ha) is rectangular in shape stretching between the B1159 in the south to the coastal cliffs in the north. The main bulk of existing and proposed plant is located on the northern half of the site. In more detail the development within the existing terminal comprises 14 new buildings and 11 items of new plant/equipment. The new buildings include those to accommodate personnel (ie. control building, offices/staff facilities, workshop/warehouse, laboratory, gatehouse) and those to house plant and equipment (sub-stations, compressors, generators). The size and heights of these buildings vary from small single storey structures to a generator shelter (15m high) and two compressor shelters (15m with chimney height of 29.5m). The proposed plant/equipment represents generally higher structures up to 18m high, with the exceptions of a metering area vent stack (42m) and main process vent stack (104m). Two (813mm diameter) gas pipelines plus a (102mm) glycol pipeline are proposed to come ashore below the beach some 300m north-west of the terminal. The gas pipelines would at this point link to a single pipeline which would, by means of a 'shaft and tunnel' method, rise vertically up to the adjoining agricultural field. The pipeline would then link into the terminal (below ground level). A further element of the planning application is for a temporary construction compound to be provided on existing farmland immediately adjoining the western boundary of the terminal. This area, together with the land associated with the pipeline construction, originally amounted to some 22 ha. The area involved has since been marginally reduced in size following negotiations between the applicants and the landowner. Documents accompanying the planning application include the following: Full Environmental Statement Environmental Statement Non-Technical Summary Design and Access Statement Planning Statement Flood Risk Assessment (plus subsequent Addendum) Foul Sewerage and Utilities Assessment Contamination Study Arboricultural Assessment Habitat Regulation Assessment Site Waste Management Plan Statement of Community Involvement. The Non-Technical Summary to the Environmental Statement which provides a background and explanation of the project, together with a commentary on the topics covered in the statement is attached in Appendix 2. The submitted Planning Statement refers to the construction period of the entire Deborah Gas Storage Project taking up to four and a half years becoming operational in April 2015. Development Control Committee 26 23 September 2010 REASONS FOR REFERRAL TO COMMITTEE Required by the Head of Planning and Building Control in view of the national significance of the proposal combined with other proposed developments at the gas terminal. PARISH COUNCIL No objection. REPRESENTATIONS A letter has been received from the applicants (Appendix 2) in response to a number of issues raised by consultees. CONSULTATIONS Bacton Parish Council Objects on following grounds: - considerable increase in through traffic in village - effects for at least five years upon public paths, the AONB, SSSI within parishes - development would have an effect upon the overall character of the coastal/countryside area. - degradation to the tranquillity of the surrounding landscape and public paths between Bacton and Paston which would appear to be affected by the development. Mundesley Parish Council - No objection. Knapton Parish Council - no comments received. Walcott Parish Council - No objection. Swafield Parish Council - No objection, but does have concerns about the increase in traffic through the village once work commences. Environmental Health - No objection subject to the imposition of conditions in respect of operational noise, construction noise (including a limitation on working hours) and lighting. Coast Protection Engineer - Requests further details regarding the position, size and height of the proposed temporary beach cofferdam to be used in the installation of the new pipelines. Also requests the applicant to agree to undertake beach monitoring surveys in relation to these works in view of the possible impacts upon local sediment transport and impacts upon down drift beaches and coastal structures. Also states that the reinstatement of the Council's structures (groynes/revetments) should be managed and overseen by consultants retained by the Council for that purpose. These structures need to be re-built using all new materials. County Council (Highways) - No objection, subject to the imposition of conditions to require approval of a management plan and access route for HGVs associated with the construction of the development and approval of a park and ride facility for construction workers. Environment Agency - Objects on the basis that the submitted flood risk assessment (FRA) does not comply with the requirements of Planning Policy Statement 25 in a number of respects. Recommends conditions in relation to contaminated land on the site. Development Control Committee 27 23 September 2010 Anglian Water - No comments received. Norfolk Landscape Archaeology - Requests imposition of a condition to require a programme of archaeological work. Ministry of Defence - No safeguarding objections. Natural England - No objection. Is of the view that, either alone or in combination with other plans or projects, the proposed development would not be likely to have a significant effect on the important interest features of Paston Great Barn. Recommends conditions requiring an agreed schedule of noise monitoring as well as proposed mitigation for bats which may be affected by the loss of certain trees on the terminal site. Concurs with the conclusions of the Environmental Statement that there is unlikely to be significant damage caused to the Mundesley Cliffs SSSI as a result of the proposed pipeline works. In addition, agrees that there will be no significant adverse impact upon the AONB. Open Spaces Society - Raises strong concerns regarding the temporary closure/diversion (during construction works) of the Public Right of Way (Paston Footpath No. 5 - which runs across land immediately to the west of the terminal) and the footpath between the terminal fence and cliffs, as well as the lack of information as to how and for how long this will take place. Also raises concerns regarding the impact of the development upon the AONB and nearby Site of Special Scientific Interest (SSSI). Concludes as follows: "It would appear that the proposed works would degrade the valuable countryside within which the gas terminal is located, affecting land covered by statutory designations of national importance, and would interfere with popular public rights of way. We therefore express objections to the proposed development." Norfolk County Council (Countryside Access Officer) - Acknowledges that the proposed construction works (on the clifftop field) will affect the existing route of Public Footpath No.5 for a scheduled period of 9 months beginning September 2011. A temporary closure/diversion should be arranged with the County Council prior to the commencement of works. Advises that there is an application to divert this footpath currently with the County Council, and should the Order be confirmed within the next 12 months, a temporary diversion will not be necessary. The access along the cliff top (adjacent to the terminal) is unregistered. Does not consider that the new development will have an adverse effect on the enjoyment of people using these paths. No objections subject to provision for public access as described above. Norfolk Coast Project - Comments that as a result of the completed development there will be some intensification of the site, at least in the form of new vent stacks and tall buildings to house compressor units. It is recognised that this is a development of national significance. Given that it was known that the terminal would be built when the AONB was designated in 1968 and AONB boundary was located accordingly, the conclusion of the EIA is agreed with, that there would not be significant additional impact on the coastal landscape and the setting of the AONB once the works are completed and the new facilities are operational. However expresses concerns and requests further information on the temporary facilities proposed in the AONB. Whilst acknowledging that the land and beach area affected will be restored once the work is completed, these would affect significant areas of land in the AONB anticipated to last for four and a half years, for which there would certainly be a significant additional local impact on the AONB. Development Control Committee 28 23 September 2010 Alternative options for the temporary construction compound should be considered. Although there may be some additional costs and inconvenience to locating the constructor's facilities site outside the AONB, there may be viable alternatives and the AONB should only be used if this is demonstrated not to be the case. Conservation, Design and Landscape Manager (Landscape) - Concurs with the conclusions of the Landscape and Visual Impact Assessment contained within the Environmental Statement that there are no predicted significant adverse effects to the landscape character as a result of the deconstruction, construction and operational aspects of the development. The main concern is the additional main process vent mast (103.8m high) which is supported by a steel lattice structure that will remain a permanent feature on the site. However as this is seen in context with the existing plant and the two 125m high telecommunication towers the impact is reduced and will not significantly affect the skyline. There will be some moderate adverse effects to visual receptors located close to the development site during the deconstruction and construction works linked to the presence of the site compound, construction traffic, plant and associated equipment and additional lighting during night time work, however these are temporary disturbances and limited to a relatively few number of visual receptors. There are no predicted adverse effects on visual receptors during the operational phase of the development. Although there is no likely significant effect on the European site (Paston Barn) and mitigation is not strictly required, the possibility of localised effects has been highlighted. A number of mitigation and monitoring measures have been identified in the report which will help reduce the potential impact. The effects of the development could potentially result in the displacement of foraging bats and cause an increase in noise and vibration levels through the deconstruction of buildings and plant; will result in the permanent loss of habitat (buildings and woodland) possibly displacing foraging and/or roosting bats and breeding birds, and will result in a temporary loss of habitat (arable and semiimproved grassland) possibly displacing foraging bats through the construction phase of the development. It is not envisaged that the operational phase of the development will result in any additional ecological impacts. Refers to a number of trees likely to be affected by the proposed access improvements to the existing field entrance to the west of the terminal site as part of the temporary construction compound associated with the development. there will be a need to put in place replacement planting as soon as possible after the construction works have been completed. No objection in principle subject to the imposition of conditions subject to conditions. Refer to full comments in Appendix 2. 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). Development Control Committee 29 23 September 2010 Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). 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 11: Coastal erosion (prevents development that would increase risk to life or significantly increase risk to property & prevents proposals that are likely to increase coastal erosion). Policy EC 3: Extensions to existing businesses in the Countryside (development at Bacton Gas Terminal that is ancillary to the terminal use will be supported within the defined area shown on the Proposals Map). Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy EN 10: Flood risk (prevents inappropriate development in flood risk areas). MAIN ISSUES FOR CONSIDERATION 1. National importance of Bacton Gas Terminal. 2. Visual and landscape impact (in particular upon the Area of Outstanding Natural Beauty). 3. Operational impacts (including noise). 4. Environmental impacts during construction (traffic, noise, beach sediment, public access, protected species habitats). 5. Coastal erosion. 6. Ecology. APPRAISAL The Eni Hewitt site occupies the most westerly of the three gas terminal company sites on the seaward side of Paston Road (B1159). The site adjoins open arable farmland to the west which forms part of the designated Area of Outstanding Natural Beauty (AONB). Two Sites of Special Scientific Interest (SSSIs), Paston Great Barn and Mundesley Cliff are in close proximity. The works proposed at this site are likely to coincide with other major developments proposed at the adjoining Shell and Perenco premises. Planning permission has recently been granted for development on both of these terminal sites, as well as, in the case of the Perenco site, beach works for a new pipeline connection associated with a similar off-shore gas storage project. A presentation of all three proposals was given to the Council and representatives of nearby Parish Councils in October last year. As Members will appreciate from the Non-Technical Summary (Appendix 2), this planning application for on-shore works forms an integral part of a much larger project to provide a gas storage reserve to serve the UK. The case for the need for the development is made in section 1.3 of the Summary. This is clearly a project of national importance, the principle of which should be supported. In terms of the adopted Core Strategy the gas terminal is within the Countryside policy area. Policy EC 3 (Extensions to Existing Businesses in the Countryside) makes specific reference to Bacton Gas Terminal and recognises its national importance. The policy is supportive to the principle of ancillary developments within the existing terminal complex. Development Control Committee 30 23 September 2010 Once completed, evidence of the development would be confined to the terminal site itself. However the proposals include the laying of the pipelines on the beach as well as a large construction compound on the adjoining farmland, the impacts of which (together with other consequences during construction) need to be considered as part of the planning application. The Eni terminal immediately adjoins the boundary of the Area of Outstanding Natural Beauty (AONB). The visual impact of the terminal from the AONB is stark and industrial and it clearly does not enhance its character. By its very nature it cannot pretend to do so. For the most part however the terminal has, since its development over 40 years ago, become an accepted part of the landscape given its existence and importance to the nation's energy supply. The submitted Environmental Statement includes a Landscape and Visual Impact Assessment (LVIA) of the whole project. In terms of the completed development it concludes that the effects on visual amenity are not predicted to be significant. In reaching this conclusion it states as follows: "The existing site is already well developed with noticeable plant, telecommunications masts and buildings. Therefore, the new, modernised and improved elements such as the two new compressors houses, new water treatment works, new glycol storage and new reception facilities for the Deborah Gas Storage Project would not create any additional conspicuous new components within the view. The two new vent stacks, together with the two new buildings for four new compressor units would be the highest new additions to the Eni Hewett Onshore Terminal and would be visible. However, they would be seen within the context of the existing site, already dominated by the existing equipment, especially the existing high telecommunication masts located on Perenco/Centrica and Shell sites and would therefore not appear visually intrusive." This would seem to be a reasonable conclusion and Members will note that both the Council's Conservation, Design and Landscape Manager and Norfolk Coast Project accept that once completed the development would not significantly affect the AONB. Norfolk Coast Project does, however, express concerns regarding the temporary construction compound within the AONB adjacent to the terminal and considers other alternative locations should be first considered which are outside the AONB. Members are referred to Eni's response to this (pages 3 and 4 of Appendix 2). The three main reasons given for the selected area are its immediate proximity to the construction site, security considerations, and highway considerations. Norfolk Coast Project have responded by suggesting that this response is not sufficient and repeated their contention that alternative sites should be considered if only to reach a reasoned conclusion that the proposed site is the only practical option. Alternative options outside the AONB would seem to be very limited given the constraints of the surrounding road network and the fact that it would be undesirable in amenity terms for the construction compound to be in close proximity or on the other side of Bacton village. Nevertheless the applicants have been requested to address this issue in more detail and their response will be reported at the meeting. Once operational the submitted Environmental Statement concludes that noise levels from the development, subject to design details, will comply with established noise limits at set locations around the terminal. The Council's Environmental Health Officer has raised no objection subject to the imposition of conditions to secure these noise limits. Development Control Committee 31 23 September 2010 When completed the proposed development (as with the other two recently approved developments) should present little overall impact or change in public perception of the gas terminal complex to that which presently exists. During the construction period, however, which is planned to coincide with the other two projects there will inevitably be significant impacts in terms of traffic movements and construction activity both within and outside of the terminal site. Members will note that the Highway Authority has not raised an objection to the application subject to conditions requiring prior approval of a management plan and access route for HGVs and a park-and-ride facility for construction workers. The former will specify the route for HGVs travelling to the site (from Stalham direction) as well as matters such as the timing of HGV movements through Bacton and Walcott. The latter will require the establishment of temporary car parks for construction workers in locations beyond the villages of Bacton/Walcott to the south-east and Paston to the north-west, the intention being to reduce traffic through these villages. Construction workers would then be bussed to the site. Similar conditions have been imposed on the other two planning permissions. Planning applications are anticipated in due course for these temporary car parks. Members will note that in their letter (Appendix 2) Eni have responded to the traffic related concerns raised by Bacton Parish Council. In order to mitigate noise nuisance as a result of the construction activities the Environmental Health Officer recommends conditions to limit hours of working to daytime hours excluding Sundays or Bank Holidays. Public access would be temporarily affected during construction work on the beach and clifftops. Paston Way runs along the beach, a public right of way (Footpath No.5) which runs diagonally across the adjacent cliff top field and an unregistered path between the terminal security fence and the cliffs. Members will note the objections raised by the Open Spaces Society, but also the comments of the County Council's Countryside Access Officer who raises no concerns to the temporary impacts upon the use of the routes subject to statutory procedures being complied with. Attention is drawn to Eni's response to the concerns expressed by the Open Spaces Society (Appendix 2). The Council's Coast Protection Engineer has requested further information regarding construction works on the beach associated with the pipeline installation, regarding concerns about potential impacts of beach erosion downdrift along the coast. Further details have now been received (Appendix 2) and the comments of the Coast Protection Engineer were awaited at the time of preparing this report. The application site is in close proximity to two Sites of Special Scientific Interest (SSSI), Paston Great Barn and Mundesley Cliffs. Paston Great Barn is also a designated Special Area of Conservation (SAC). Members will note however that Natural England has raised no objection to the development (both in terms of construction or operation) subject to certain conditions. As the site is in excess of 1.0 hectare there is a requirement to submit a Flood Risk Assessment (FRA) with the application. In this location the FRA is required to address surface water impacts of the development. The Environment Agency objected to certain impacts of the submitted FRA and as a consequence a further report has been submitted by the applicants. The Environment Agency's response to this is currently awaited. In conclusion, the proposed development accords in principle with Development Plan policy in relation to the gas terminal. The proposal is also of significant national interest. Once completed it should not present any significant additional impacts Development Control Committee 32 23 September 2010 upon the amenities of the area nor upon the character of the surrounding landscape. There would inevitably be impacts upon the locality during the construction phase, particularly when combined with other development projects occurring simultaneously at the terminal. These impacts can, however, be mitigated by the imposition of conditions to regulate traffic movements, construction noise and working hours. RECOMMENDATION: Delegated authority to approve, subject to receiving no objection from the Environment Agency or Coast Protection Engineer on the submitted additional details and the further comments of the applicants concerning the construction compound, and subject to the imposition of appropriate conditions, to include those recommended by the Highway Authority, Environmental Health Officer, Natural England and the Council's Conservation, Design and Landscape Manager. 7. STALHAM - PF/10/0869 - Variation of conditions 2, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 to planning reference: 07/1919 to permit retention and occupation of Phase 1 of development as built; Old Baker's Yard for Victory Housing Minor Development Target Date: 24 September 2010 Case Officer: Mrs T Armitage Full Planning Permission CONSTRAINTS Town Centre Contaminated Land Conservation Area Archaeological Site Primary Retail Frontages Primary Shopping Area RELEVANT PLANNING HISTORY PLA/20010630 LE - Demolition of buildings to facilitate residential development Approved 19/07/2001 PLA/20020034 PF - Erection of houses, flats, maisonettes incorporating shop unit Approved 05/11/2003 PLA/20071440 PF - Erection of fourteen dwellings, five flats and two shops Withdrawn 10/12/2007 PLA/20071919 PF - Erection of ten houses, five flats and two shops Approved 29/02/2008 THE APPLICATION Is to vary a number of planning conditions previously imposed in relation to planning ref: 07/1919 for the erection of ten houses, five flats and two shops. The flats and shops front on to the High Street and have been constructed as Phase 1. The application seeks to retain and occupy this element of the scheme as built. This requires variation of planning conditions 2, 4 and 7-18 of the previous planning permission, since the development has not been constructed in accordance with the approved plans and a number of details should have been submitted and agreed prior to the commencement of the development. Development Control Committee 33 23 September 2010 The frontage flat/shop block as constructed differs from the approved plans in the following respects: • Eaves and ridge height higher than previously approved As approved - eaves min 6.0m – max 8.0m, ridge min 9.6m – max 11.6m As built - eaves min 7.2m – max 8.7m, ridge min 10m – max 12m • Windows – variation in number of windows and pattern of fenestration on the front and rear elevations Material and joinery details are provided retrospectively, having not been approved prior to commencement (contrary to condition nos. 11, 15) The application includes full joinery details of the proposed shop front. Details of Archaeological Evaluation conducted in response to the condition 16 of the previous permission have been provided. Amended plans have been submitted indicating a revised shop front design, a timber cornice with lead flashing on the High Street elevation, retro fitting of glazing bars to all windows and a dentil detail below eaves level. REASONS FOR REFERRAL TO COMMITTEE This application was considered at a previous meeting of the Committee. TOWN COUNCIL Comments to plans as originally submitted: Strongly object • Conservation Area - not in keeping with surrounding properties • Developer should have sought permission prior to continuation of the development • Height of the building and the change in dormer dimensions • Colour of the brick work (buff) on half of the building (on original plan all brick work shown red) again not in keeping with the High Street and St Mary's Church (adjacent) • Parking concerns • Concern that the NNDC Planning Inspectors had not picked up the discrepancies on site visits Extremely disappointed that the building has been allowed to proceed and councillors have personally received numerous negative comments by the general public. Further comments awaited in respect of amended plans. REPRESENTATIONS The applicant's agents have submitted a Planning Statement setting out the background/circumstances behind the application, this is attached as Appendix 3. CONSULTATIONS Conservation, Design & Landscape Manager: • comments regarding plans as originally submitted: I refer to the above proposal and to our discussions concerning the proposed changes to the development approved in 2007. Development Control Committee 34 23 September 2010 The development concerned appears to be nearing its ‘practical completion’. Clearly the building has not been built in accordance with the approved plans. The site is of course a very prominent one, standing as it does on the main shopping street of Stalham. The resultant building is very disappointing. In its current form the general quality of the development and overall choice of materials leaves much to be desired. I have the following detailed comments: 1. 2. 3. 4. 5. 6. 7. In my view the change in overall height from the approved plans is not that significant. In ‘townscape’ terms the High Street is composed of a series of quite variable buildings of different heights and scale and ‘rhythm’ and ‘grain’. The development does not dominate the nearby church and contributes to the organic pattern of built form along the street. However the change in eaves heights of both elements of the development is very unfortunate. This, combined with a poor choice of window, has resulted in a substantial preponderance of wall to void (brick work :window), especially on the ‘church end’ or ‘buff coloured brick’ element. As it faces the High Street, window depths are too small and the removal of a fourth window in the ‘buff bricked’ element has led to a very bland appearance. There is lack of quality detailing around the windows and doors and corners of the building The choice of facing brick detracts from the character and design of the development. The use of top hung windows throughout and the lack of use of traditional sliding sash windows also detract from the design. The quality of the frames is questionable. The change in eaves levels has had the resultant effect of making the roof pitch shallower. This is at odds with the prevailing form in the Stalham Conservation Area. Code 3 (Code for Sustainable Construction) is cited as a reason for the changes in the approved plans. The end result pays little regard to Stalham’s local architectural distinctiveness. How can matters be improved without substantial re-construction and cost? (a) An ‘oriel’ or bay window could be installed in the ‘red brick’ element of the development at first floor level. When the ‘hood’ to the window is taken into account then the massive amount of ‘wall to void’ between first and second floor can be visually reduced and the appearance enhanced. A similar bay or oriel could be considered at first floor level in the ‘buff bricked’ element. (b) The new shop fronts, designed in keeping with other Stalham examples with higher ‘stall risers’ and stronger vertical elements, could have a deeper fascia. This would help to link the ground with upper floors in a visual manner. The predominant material should be wood. (c) All windows could be replaced with deeper sash ones and in softwood painted white. (d) Between the first and second floor of the buff bricked element some form of architectural device such as a cornice/ledge could be introduced. Above it could be attached, possibly in stone, a plaque/datestone. This would need to be sufficiently large. An alternative would be some attached but flat facing signage. (e) Funds permitting stone or re-constituted stone ‘quoins’ could be introduced for the corners of each of the two units. Development Control Committee 35 23 September 2010 These comments relate primarily to the front elevation facing the High Street. The side elevation facing the church is probably acceptable. Some consideration could be given to deepening the windows in the rear elevation of the red brick element. I would caution against the use of painted brick work to remove the shock of the ‘buff’. I trust these comments are of assistance. As it stands the development does not enhance the character of Stalham and its Conservation Area. • Updated comments - amended plans: The latest plans show the introduction of a ‘dentil course’, at the suggestion of English Heritage, beneath the eaves of the High Street elevation of the building. When this is combined with the other improvements in the design, which include the installation of a ‘plat course’ between the first and second floors, more appropriate windows and enhanced shop fronts, the resultant appearance of the building will now be acceptable. Consequently I have no objection to the latest amended plans received on 31 August. I have already commented upon the height of the building and its negligible affect upon the setting of the adjacent Parish Church and the Conservation Area. Environmental Health - Confirm that in respect to phase one of the development that condition 4 of the application in relation to contamination has been satisfactorily complied with. County Council Highways - No objection from a highway aspect, subject to no part of the building encroaching upon highway land and no door or window opening outwards over the highway boundary. English Heritage - Comments re. plans originally submitted: Recommend the detailing of the elevations is revised to include a brick dentil course under the eaves, the lowest course of which might be aligned with the cill of the second floor dormer window. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). 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 Design – whether the alterations to the design and appearance of the building are acceptable given the conservation setting and proximity to a listed building Development Control Committee 36 23 September 2010 APPRAISAL At its last meeting the Committee resolved to approve the application subject to the receipt of amended plans and no new grounds of objection being raised. Amendments to the scheme have been received. The application site is located centrally on Stalham High Street, within the Conservation Area and adjacent to St. Mary’s Church, a Grade 2* Listed Building. The entire site is within the designated town centre and where it fronts the High Street is part of the Primary Retail Frontage identified for Stalham. The building subject to this application consists of, in accordance with planning permission 07/1919, two retail units at ground floor level and 4 no flats at upper levels. This mix of uses is compliant with Policies SS 4 and EC 5 which support the vitality and viability of Primary Shopping Areas. The application includes a detailed drawing of the two proposed retail units and indicates a traditional shop front/fascia design, to be constructed in timber with a painted finish. At street level the shop fronts would be a highly visible component of this development and it is considered important to ensure that the design, in accordance with Policy EN8, makes a positive contribution to the Town Centre and its Conservation Area designation. The flats at upper floors have been constructed to comply with Code for Sustainable Homes Level 3 and Housing Association spatial requirements. These construction levels exceed those required under planning ref 07/1919 which in accordance with Local Plan policy at the time, did not seek affordable housing in relation to this scheme or for sustainable construction measures to be incorporated. In the event, Phase 1 of this scheme has been acquired by Broadland Homes who are contracted to sell the flats to Victory Housing Association for use as affordable flats (social rent) for people in housing need in North Norfolk. The intended use of the flats as affordable accommodation and the mandatory requirement to meet Code level 3 standards has had a number of consequences for the construction of the scheme. In particular the timber frame construction of the building has necessitated the use of deeper floor and ceiling joists. This, along with the need to accommodate pipework associated with an air source heat pump system, has increased the proportions of the building and accounts for the variation in eaves/ridge heights now sought. As a result, in comparison with the approved scheme the building as constructed has more extensive areas of brick work given the increase in distance between upper floor windows. Additionally the position and number of windows has been revised. Crucial to the determination of this application are Policies EN4 and EN8 and whether the change in the proportions of the building has materially altered the appearance of the building and whether it remains acceptable in design terms, given the Conservation Area setting of the building and proximity of it to the listed church. This assessment also requires full consideration of the external materials/joinery details used in the implementation of this scheme, none of which has been subject to prior approval by this Council. The Conservation, Design and Landscape Manager has provided detailed comments in relation to the proposals and these are reported above. These formed the basis of negotiations with the developers and amended plans were subsequently received and consulted upon. In addition following comments from English Heritage further revisions have been made. The amended plans now include a revised shop front design, a timber cornice with lead flashing on the High Street elevation, retro fitting of glazing bars to all windows and a dentil detail below eaves level. The Conservation, Design and Landscape Manager has confirmed that on the basis of these amendments he has no objection to the application. Development Control Committee 37 23 September 2010 Stalham Town Council have objected to the application and their detailed concerns are set out above. In particular they consider the height of the building and the inclusion of buff coloured brick work unacceptable in the context of the Conservation Area and the church. These concerns are noted but it is considered that the revised plans and the inclusion of further detailing acts to ameliorate the impact of these aspects of the building. At the time of preparing this report for Committee the Town Council comments concerning the amendments were awaited. Overall therefore, subject to conditions requiring compliance with the amended plans and the erection of a suitable boundary treatment along the boundary with the church, the proposal is considered to comply with the Development Plan. RECOMMENDATION: Approve subject to the imposition of appropriate conditions. 8. WELLS-NEXT-THE-SEA - PF/10/0784 - Erection of 2 no. two-storey dwellings and four apartments; Partners, Northfield Lane for Novus Construction (Norfolk) Ltd Minor Development Target Date: 02 September 2010 Case Officer: Miss J Medler Full Planning Permission CONSTRAINTS Tree Preservation Order Conservation Area Residential Area Area of Outstanding Natural Beauty RELEVANT PLANNING HISTORY PF/09/1235 PF - Erection of three no. three-storey dwellings and four apartments Withdrawn by Applicant 26/01/2010 LD/09/1236 LE - Demolition of single-storey dwelling Withdrawn by Applicant 26/01/2010 THE APPLICATION Is for the erection of 2no. two storey dwellings and four apartments. The houses would include three bedrooms and the apartments two bedrooms. The apartments would be located to the west of the site and the houses to the north. The car parking and turning area would be located to the east of the site. To the south there is a group of mature trees subject to a Tree Preservation Order. There is existing hedging on the west, north and east boundaries. The existing vehicular access into the site from Northfield Lane would be improved. The apartments and houses are two storey properties and measure approximately 8.7m in height from the ground level to the ridge of the roofs. Twelve car parking spaces are proposed. The materials proposed are a mix of brick, boarding, render and pantiles. Development Control Committee 38 23 September 2010 REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Savory having regard to the following planning issues: 1. Highway safety 2. Design TOWN COUNCIL Object. Despite the fact that these plans are an improvement on those previously submitted for this site we still have considerable concerns. These include: 1. Damage to trees on site, particularly during the construction 2. The possibility of up to 12 vehicles regularly entering/exiting the site with no possibility of providing the usual required visibility splay because of the trees. 3. Also the fact that the road width (16') is unsuitable for larger traffic movements, and concerns over delivery vehicles likely to block the road at this point. 4. Concerns that windows in the north of the two houses will overlook existing properties. REPRESENTATIONS Nine letters of objection have been received raising the following points: 1. Impact and damage upon trees 2. Overdevelopment 3. Little aesthetic or local character 4. Will be used as holiday homes 5. Smaller development would be more appropriate 6. Highway safety 7. Increase in traffic 8. Objections still valid from previous application 9. Overlooking/loss of privacy 10. Loss of light 11. Bin storage too close to boundary 12. Construction traffic to site will be logistical nightmare 13. Access impractical for large vehicles 14. There is no right of access from the site to the driveway to west 15. Limited amenity areas 16. Design not innovative or locally distinctive 17. Development does not respect the form and character of the area 18. Contrary to PPS 3: Housing 19. Would fail to preserve or enhance the character or appearance of the Conservation Area 20. Out of keeping with the character of the Conservation Area 21. No sound reason for developing a significant part of the remaining curtilage beyond the footprint of the existing dwelling on the site. 22. The replacement of the existing dwelling with the proposed development would erode the very character upon which the designation of the Conservation Area was designated. 23. Site dominated by requirements of the private car, resulting in excessive areas of unrelieved hard surface 24. Overbearing 25. Incongruous development with surrounding residential area 26. Contrary to Core Strategy policies Development Control Committee 39 23 September 2010 A letter has been received from the applicants' agent in relation to the objections that have been raised. In summary, the objections raised are identical to those received in response to the first application, despite there being an acknowledgement by some that the scheme differs in many respects from the first submission. Whilst some objectors continue to feel that the proposal will have a negative effect, some of the issues raised are not material planning considerations and all others have been addressed by officers including Conservation and Design, Landscape and Highways. There is one issue that the agent would like to clarify and that it that the applicant has no intention to make use of the existing private access running along the western boundary of the site. This access is not included within the application site and does not form part of the proposal. A revised Arboricultural Report and Method Statement has been provided which deletes two inadvertent references to the use of this side access. CONSULTATIONS County Council Highway Authority This site has recently been the subject of numerous informal discussions regarding access, visibility and parking arrangements which are now considered to be acceptable. I have recently been made aware of concerns regarding manoeuvring of small non HGV delivery vehicles within the site which has been designed for private cars. Whilst is not considered to be of the utmost importance in terms of road users safety I would comment that it is felt that additional manoeuvring space is required, the loss of spaces annotated 7/8 to provide this reducing the parking provision for the apartments to 1.5 spaces per unit would not be of great consequence. If approved conditions are required regarding the laying out of the vehicular access, the visibility splay and on site parking and turning. English Heritage No objection in principle to the demolition of the existing bungalow and redevelopment of the site. While we feel that the bungalow is at worst a neutral feature in the conservation area, there is considerable potential for enhancement and we do not object to its demolition. However, before granting planning permission for the replacement development, we would like the Council to be satisfied that the scale of development proposed, including the associated car parking, can be accommodated without causing harm to the mature trees on the site. These trees are an important contributor to the character and appearance of this part of the Wells Conservation Area and will also help screen the development, thereby helping to mitigate the impact of the proposal. In addition we advise that the choice of materials is given further consideration. The vertical timber boarding as shown on the elevations is not characterful of this part of Wells-next-the-Sea and we considered that its inclusion may appear incongruous and an unnecessary addition to the simple pallet of materials used on traditional buildings in the vicinity. We would urge you to address the above issues and recommend that the application should be determined in accordance with national and local policy guidance and on the basis of your specialist conservation advice. It is not necessary for us to be consulted again. Development Control Committee 40 23 September 2010 Conservation, Design and Landscape Manager (Conservation and Design) In terms of site layout, the diverse nature of the surrounding area imposes relatively few form and character constraints on redevelopment. However the new build and the access drive have had to be pieced around the mature trees on the site. These trees, allied to the other mature planting around the site, not only help give the site a verdant feel, but would also help soften any new buildings. As for the buildings themselves, these have been completely revisited following last years withdrawn scheme. Gone is the mix of building styles and types to be replaced with a more coherent scheme which offers greater consistency in form and design detailing. With the associated reductions in scale also helping the units sit more comfortably in the site and within the wider Wells Conservation Area, this revised scheme now raises no particular Conservation and Design concerns or objections. In terms of materials, the brick choice and the light oak finish on the joinery are both considered acceptable. However, there must be a concern that just using Blue Reduced Wolds Pantile will create a rather one dimensional and bland roofscape (given it is a tile with little colour variation). It is therefore suggested that a second colour in the range be introduced (e.g slate grey or matt black) to add some contrast and interest. With the scheme otherwise well specified, no other architectural conditions are deemed necessary. Conservation, Design and Landscape Manager (Landscape) No objection. In summary an Arboricultural Implications Assessment, Tree Protection Plan and Method Statement have been submitted. The trees on site are highly valued and are an important part of the character of the area, therefore retention is desirable. There are 25 trees on and adjacent to the site that have the potential to impact on the development and vice-versa. As a result of the development six trees will require removal with a further single tree requiring removal for arboricultural reasons. Permission is also requested to remove a sycamore tree (T22) which is suppressing the growth of a silver birch (T21). A leylandii hedge is also to be removed to the rear of the site, but two replacement hedges are proposed. Some remedial work to four of the Holm Oaks adjacent to the driveway to facilitate access is also required. The loss of trees to facilitate the development is acceptable within the context of the surrounding landscape. Those trees to be removed are of limited stature and will not affect the overall amenity of the area. The works proposed to the trees are also minor and acceptable. Those trees due for removal within the Tree Preservation Order are to be replaced and supplemented with further planting. This is also acceptable. Tree protection has been addressed. If the development is carried out in accordance with the details outlined in the report and supporting documents the trees should be protected both in the short and long term. Conditions are required. Sustainability Co-ordinator - In order to comply with Policy EN6 a condition is required that the dwellings should achieve a Code Level 2 rating. 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. Development Control Committee 41 23 September 2010 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 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) 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 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. Dwelling mix and type 3. Density 4. Design 5. Impact on Conservation Area 6. Impact on neighbouring dwellings 7. Impact on trees and Area of Outstanding Natural Beauty 8. Highway safety APPRAISAL The site is located in the residential policy area of Wells where residential development is acceptable in principle providing the development accords with other relevant Core Strategy policies. This application follows the withdrawal of application reference 09/1235 for the erection of three three-storey dwellings and four apartments. That application was withdrawn following concerns raised regarding design, car parking and relationship to the neighbouring property to the north of the site. Six dwellings are proposed in total. Therefore, Policy HO1: Dwelling Mix and Type applies. The development complies with the requirements of this policy and exceeds the number of dwellings required that should comprise not more than 70 sqm internal floor space and should incorporate two bedrooms or fewer. The minimum 40% provision required in the policy would mean that three dwellings would need to comply, but there are actually four dwellings that comply. Development Control Committee 42 23 September 2010 In terms of the density of the development, there is a mix of density in the immediate area and in accordance with Policy HO7 in this location the density should not be less than 40 dwellings per hectare. Given the site area this policy would require 6.72 dwellings on the site. The development provides six dwellings which is considered to be acceptable and in accordance with the policy requirement that the density of the site is developed in a manner that protects or enhances the character of the area. It is not considered that this development is out of keeping with the form and character of the area. With regard to design and impact in the Conservation Area the Committee will note that the Conservation, Design and Landscape Manager is not objecting to the application, nor in particular to the use of natural timber boarding, notwithstanding English Heritage's comments. It is therefore considered that the proposal would preserve the character and appearance of the Conservation Area. The Committee will note the comments of the Conservation, Design and Landscape Manager (Landscape), who is not objecting to the application. An Arboricultural Implications Assessment, Tree Protection Plan and Method Statement have been submitted. The trees to be removed have been assessed and considered to be acceptable. It is not therefore considered that the proposal would have a significant detrimental impact upon the trees to be retained on the site. Given that the site is already located within a developed area it is not considered that the proposal would have a significant detrimental impact upon the special qualities and setting of the Area of Outstanding Natural Beauty. In terms of highway safety the Highway Authority is not raising an objection to the application. In terms of the relationship of the development to surrounding properties the site is well screened to the south and east by mature trees. To the north is the garden of the neighbouring property called 'Saxons'. The proposed dwellings would have first floor windows facing north but these would be to the staircases and bathrooms which can be conditioned as obscure glazed. There is also a rooflight in the roof over the dining room but this would be at high level. Directly to the west are two bungalows, and to the north west is a row of garages with gardens to the neighbouring dwellings beyond. The two neighbouring bungalows to the west have car parking areas facing the site. There is a hedgerow to the boundary and a garage in front of No.2 Stanfield. There is also a driveway between the site and these properties and a hedge on the western boundary of the site. The relationship of the proposed development to the neighbouring properties is considered to be acceptable and in accordance with the Amenity Criteria in the Design Guide. It is therefore considered that the proposal is acceptable and accords with Development Plan policies. RECOMMENDATION: Approve, subject to appropriate conditions. Development Control Committee 43 23 September 2010 9. WIVETON - PF/10/0842 - Erection of detached annexe; Fairway, The Street for Mr and Mrs G Proctor-Mears Target Date: 15 September 2010 Case Officer: Mr G Lyon Householder application CONSTRAINTS Countryside Conservation Area Area of Outstanding Natural Beauty RELEVANT PLANNING HISTORY PLA/19841226 HR - Removal of conservatory and erection of bedroom and toilet Approved 21/09/1984 PLA/20000380 PF - Replacement of flat roof with pitched roof Approved 18/04/2000 PF/10/0842 HOU - Erection of detached annexe and alterations to annexe THE APPLICATION Proposes the erection of a detached annexe to replace a garage in the front garden, 5.2m wide, 6.1m deep with a height to eaves of 2.6m and a height to ridge of 5.6m. Proposed materials include a red brick plinth, feather edge boarding, cedar shingle roof tiles and stained timber joinery. A new vehicular access is proposed together with replacement planting. The annexe is proposed to accommodate the applicant's son. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr L Brettle for the following planning reasons: Proposed external materials and compliance with the Wiveton Village Design Statement. WIVETON PARISH COUNCIL Objection - Concerns raised in respect of proposed external materials and impact on Conservation Area. REPRESENTATIONS One letter of support has been received from a local resident. CONSULTATIONS County Council (Highway) - No objection subject to conditions Conservation, Design and Landscape Manager (Landscape) - No objection subject to conditions Conservation, Design and Landscape Manager (Conservation & Design) - Awaiting comments 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 Control Committee 44 23 September 2010 POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). 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). Policy EN 9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). Policy HO 8: House extensions and replacement dwellings in the Countryside (specifies the limits for increases in size and impact on surrounding countryside). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION: Principle of Development Impact on Conservation Area Impact on wider landscape, including AONB APPRAISAL The site is located within the Countryside Policy Area where extensions to existing dwellings are acceptable subject to compliance with other relevant Development Plan policies. In this case an annexe in the front garden is proposed to accommodate an immediate relative. There are no specific Development Plan policies relating to annexes and therefore a series of planning judgements has to be made on the basis of findings of fact and degree. The planning case law is inconsistent in relation to annexe proposals and there are few legal criteria or clear national guidelines that make the judgement as to whether a proposal is an annexe or an independent dwelling easy. However, based on relevant case law, the following factors will be relevant in this particular case:a. b. c. d. e. f. Physical relationship, proximity and interdependence of common facilities; Size of annexe (needs to be subordinate) and whether the properties are linked or separate; A separate curtilage and separate access may indicate a separate dwelling; Service connections - common postal address, whether there is a single supply of electricity etc; Intent to create a dwelling via an annexe; Family ties. Considering each of those factors in turn, the following assessment is made: a) The application site is approximately 0.05ha and consists of the principal residential dwelling. Currently there is a detached garage between the dwelling and the road (The Street). The detached annexe would be approximately 13m away from the principal dwelling and would share the same vehicular access point. The detached annexe has all the functions and facilities that would make it capable of functioning as a separate dwelling. Development Control Committee 45 23 September 2010 b) The detached annexe would have a footprint of approximately 30sqm and is set over two floors with a total floor area of approximately 45sqm. By comparison, Fairway has a footprint of approximately 140sqm. On this basis it is considered that the detached annexe is subordinate in size to Fairway. c) There are no apparent physical barriers (fences, walls or hedges) which delineate individual curtilages or prevent access between either property. They also share the same access. d) It is understood that the two properties would share a common postal address together with electricity and other service connections. e) There is no evidence to suggest an intention to create a separate residential dwelling/planning unit. f) The applicants have confirmed in the Design and Access Statement that the proposed annexe would be occupied by their son. Taking account of the above factors the proposal would appear to accord with the definition of an annexe. In respect of design and impact on the Conservation Area, the site is located within both the Wiveton and the Glaven Valley Conservation Areas. In a Conservation Area the proposed development should at least preserve or enhance the character and appearance of the area. In this instance the proposed annexe building would have its gable facing the road and is clad with timber with stained timber windows and doors. The roof of the annexe would be clad with cedar shingles. The Parish Council have raised concern in respect of the proposed external materials and have referred to the Wiveton Village Design Statement. In light of the concerns raised by the Parish Council, the views of the Conservation, Design and Landscape Manager have been sought and Committee will be updated orally. It is considered that there would be limited impact on the landscape character and the building would blend into the surroundings comfortably. The proposed replacement planting is also considered to be acceptable and the proposed two field maples would mitigate for the loss of the poplar tree to the rear. Subject to appropriate external materials it considered that the proposed development would not adversely impact on the special qualities of the Area of Outstanding Natural Beauty. There are no highway safety objections to the proposal. In summary, whilst there are no objections in principle to the proposed annexe development and it is considered that the proposal accords with Development Plan policy, subject to the views of the Conservation, Design and Landscape Manager on the Conservation Area impact and compliance with the Wiveton Village Design Statement. RECOMMENDATION: Delegated authority to approve subject to no objections from the Conservation, Design and Landscape Manager and subject to the imposition of appropriate conditions including agreement of external materials to be used and, if necessary, agreement on the colour of any stains, paints or varnishes to be used. Development Control Committee 46 23 September 2010 10. APPLICATION RECOMMENDED FOR A SITE INSPECTION The following planning application is recommended by officers for a site inspection by the Committee prior to the consideration of a full report at a future meeting. As the application will not be debated at this meeting it is not appropriate to invite public speaking at this stage. Members of the public will have an opportunity to make representations at the meeting of the Committee when the application is discussed. Please note that additional site inspections may be recommended by Officers at the meeting or agreed during consideration of report items on this agenda. NORTH WALSHAM - HZ/09/0996 – Hazardous substance consent for storage of gasoline and naphthas; Station Yard, Norwich Road for British Pipeline Agency Ltd REASON FOR REFERRAL TO COMMITTEE Site visit recommended by the Head of Planning and Building Control to enable the Committee to consider this hazardous substances application in context. RECOMMENDATION:The Committee is recommended to undertake the above site visit. 11. APPLICATIONS APPROVED UNDER DELEGATED POWERS ALBY WITH THWAITE - PF/10/0835 - Erection of rear conservatory; Martindale, Alby Hill for Mr & Mrs Waite (Householder application) ALDBOROUGH - PF/10/0816 - Erection of one and half storey rear extension; Nidlings, Hall Road for Mr Carmen (Householder application) ANTINGHAM - PF/10/0693 - Erection of two-storey front extension and replacement single-storey side extension; Ivy Cottage, The Hill for Mrs Wilkinson (Householder application) AYLMERTON - PF/10/0743 - Conversion of barn to one unit of holiday accommodation; The Granary, adjacent Park Farm, Aylmerton for Mr & Mrs S Howes (Full Planning Permission) BARTON TURF - PF/10/0729 - Erection of two-storey and single-storey side and rear extensions; 8 School Road for Mr and Mrs Marsden (Householder application) BARTON TURF - PF/10/0769 - Erection of side conservatory; The Holmfield, Smallburgh Road for Mr and Mrs Gritten (Householder application) Development Control Committee 47 23 September 2010 BEESTON REGIS - NMA1/06/1458 - Non-material amendment for revised window design; Highfield, Church Close, West Runton for Mr Driscoll (Non-Material Amendment Request-Household) BLAKENEY - PF/10/0763 - Erection of single-storey dwelling and garage; Land at 59 New Road for Mr A Wells (Full Planning Permission) BLAKENEY - PF/10/0804 - Erection of single-storey side extension, raising of roof height and provision of additional windows, dormers and roof lights; 59 New Road for Mr A Wells (Householder application) BLAKENEY - PF/10/0808 - Alterations to single-storey extension; Flat 2, Quay House, The Quay for Mr & Mrs Williams (Householder application) BLAKENEY - LA/10/0809 - Alterations to roof and wall of single-storey extension; Flat 2, Quay House, The Quay for Mr and Mrs Williams (Listed Building Alterations) BLAKENEY - PF/10/0829 - Erection of single-storey dwelling with attached garage; Plot 1, 59 New Road for Novus Homes (Norfolk) Ltd (Full Planning Permission) BLAKENEY - PF/10/0912 - Erection of one and a half storey dwelling (revised design); Plot 4, Land at 59 New Road for Novus Homes Norfolk Ltd (Full Planning Permission) BRISTON - PF/10/0713 - Erection of single-storey extension to provide additional toilet, office, meeting and nursery facilities; The Copeman Centre Briston Village Hall, Hall Street for The Copeman Centre Management Committee (Full Planning Permission) BRISTON - NMA1/05/1485 - Non-material amendment request for change of tile colour, addition of roof lights and change of door and window positions; 34 Reepham Road for Mr R Gough (Non-Material Amendment Request) CORPUSTY AND SAXTHORPE - NMA1/08/1684 - Non-material amendment request for revisions to fenestration, position of chimney stack, installation of solar panels and removal of brick detailing and plinth; Salween, Norwich Road for Mr D Green (Non-Material Amendment Request) CROMER - PF/10/0831 - Erection of first floor rear extension; Sunnydale, The Croft for Mr & Mrs A Shipp (Householder application) CROMER - PF/10/0839 - Conversion of dwelling to four flats; 13 Alfred Road for R G W Portugal Limited (Full Planning Permission) Development Control Committee 48 23 September 2010 FAKENHAM - AI/10/0811 - Display of non-illuminated advertisement and nonilluminated projecting sign; 17 Market Place for Barclays (Advertisement Illuminated) FAKENHAM - PF/10/0826 - Retention of portable office building; Stable Cottage, Oxborough Lane for A&B Management Services Limited (Full Planning Permission) FELBRIGG - PF/10/0758 - Erection of replacement garage/store and side porch; Rose Cottage, Holt Road for Mr P Cox (Householder application) FULMODESTON - PF/10/0760 - Conversion and extension of barn to provide holiday accommodation; Bridge Cottages, Croxton Road for Mr & Mrs Pitt (Full Planning Permission) FULMODESTON - PF/10/0845 - Erection of replacement rear garden room; 25 Stibbard Road for Mr & Mrs Duckett (Householder application) GREAT SNORING - LA/10/0777 - Installation of replacement windows; Mill House, The Street for Mr A Pannell (Listed Building Alterations) GREAT SNORING - PF/10/0841 - Erection of Garage/Storage; 7 Fakenham Road for Miss E M John (Householder application) GUNTHORPE - PF/10/0597 - Erection of single-storey extension; Orchard House, The Common, Bale for Mr Lewin (Householder application) HANWORTH - PF/10/0747 - Erection of single-storey extension to conservatory and replacement roof to loggia, alterations including installation of two windows in rear elevation, installation of boiler flues and erection of chimney; The Gunton Arms, Formerly Elderton Lodge Hotel, Cromer Road, Thorpe Market for Gunton Arms Limited (Full Planning Permission) HANWORTH - LA/10/0748 - Erection of single-storey extension to conservatory and replacement roof to loggia, alterations including installation of two windows in rear elevation, installation of boiler flues and erection of chimney; The Gunton Arms, formerly Elderton Lodge Hotel, Cromer Road, Thorpe Market for Gunton Arms Ltd (Listed Building Alterations) HEMPSTEAD - NP/10/0938 - Prior notification of intention to erect agricultural building; Land at Selbrigg Farm, Kelling Road, Hempstead for Mr F Feilden (Prior Notification (Agricultural)) HICKLING - PF/10/0805 - Erection of single-storey side extension; Grosvenor Cottage, Stubb Road for Mr & Mrs M Hodgson (Householder application) Development Control Committee 49 23 September 2010 HIGH KELLING - PM/10/0705 - Erection of one and a half-storey dwelling; Land at Farend, Vale Road for Mrs Hurry (Reserved Matters) HIGH KELLING - PF/10/0854 - Alteration and extension to existing medical practice.; Holt Medical Practice, Kelling Hospital, Cromer Road for Holt Medical Practice (Full Planning Permission) HOLT - PF/10/0774 - Erection of detached double cart shed with storage above; Glaven View Farm, Thornage Road for Mr C Sadler (Householder application) HOLT - PF/10/0851 - Conversion and alteration of outbuilding to studio; 67 Cromer Road for Paula Coast (Householder application) HORNING - PF/10/0821 - Erection of first floor side extension; 33 Pinewood Drive for Mrs B Dunham (Householder application) HOVETON - LD/10/0749 - Demolition of part of outbuilding; Hoveton Old Hall, Stone Lane for Mr M Woodfine (Listed Building Demolition) HOVETON - PF/10/0772 - Erection of two-storey rear extension; Grange Farm, Long Lane for B Deane & Sons (Farmers) (Householder application) KELLING - PF/10/0820 - Erection of cattle shelter; Land at Pinfold Lane, Salthouse for Mr A Gray (Full Planning Permission) KELLING - NMA1/10/0235 - Non material amendment request for change of window materials; Pudding Lane Cottage, Pudding Lane, Weybourne Road for Mr Randell (Non-Material Amendment Request-Household) KETTLESTONE - PF/10/0719 - Erection of one and a half storey front extension; The Hollies, Holt Road for Mr A Hall (Householder application) LESSINGHAM - PF/10/0793 - Erection of two-storey side extension and singlestorey front and rear extensions; 5 School Common Road, Happisburgh for Mr C Ward (Householder application) LITTLE SNORING - PF/10/0782 - Erection of single-storey side extension; Green Farm, The Street for Mr & Mrs Hayes (Householder application) LITTLE SNORING - LA/10/0783 - Alterations to facilitate construction of garden room; Green Farm, The Street for Mr & Mrs Hayes (Listed Building Alterations) Development Control Committee 50 23 September 2010 MUNDESLEY - PF/10/0800 - Variation of Condition 1 of planning permission E3975 to permit occupancy from 1 March to 14 January; 21 Seaward Crest Chalets, Links Road for Mr M Harrad (Full Planning Permission) MUNDESLEY - NMA1/09/0935 - Non-material amendment request for change of roof gable ends to hipped ends; 3 & 4 Bellevue, Heath Lane for Mr P Apse (Non-Material Amendment Request) NORTH WALSHAM - PF/10/0666 - Erection of two-storey rear extension; 127 Mundesley Road for Mr Brown (Householder application) NORTH WALSHAM - PF/10/0717 - Erection of single-storey side/rear extension; 91 Mundesley Road for Mr and Mrs J Fagan (Householder application) NORTH WALSHAM - PF/10/0725 - Change of use of first floor from residential flat to A1 (funeral directors); 57A Mundesley Road for Murrell Cork Funeral Directors (Full Planning Permission) NORTH WALSHAM - PF/10/0850 - Erection of open side canopy; Unit 10, Laundry Loke for T C Transport (Full Planning Permission) PLUMSTEAD - LA/10/0823 - Alterations to bedroom to provide en-suite bathroom; Walnut Farm, Church Street for Mr & Mrs D Rambotham (Listed Building Alterations) RAYNHAM - NMA1/10/0004 - Non-material amendment request for revised appearance of shed; The Greyhound, The Street, West Raynham for Mr C Currell (Non-Material Amendment Request-Household) RUNTON - PF/10/0674 - Alterations to toilet blocks; The Caravan Club Incleborough Fields, Sandy Lane, West Runton for The Caravan Club (Full Planning Permission) RUNTON - PF/10/0755 - Change of use from a mixed use of A1 (retail)/residential to residential; 9 Station Road, West Runton for Ms K Crane (Full Planning Permission) RUNTON - PF/10/0832 - Erection of single-storey and first floor extensions; Brackenhurst, Shawcross Road, West Runton for Mr & Mrs D Foreman (Householder application) SCULTHORPE - PF/10/0767 - Erection of single-storey extension to garage; 36 Creake Road for Mr P Richards (Householder application) SEA PALLING - PF/10/0168 - Change of use of land from agricultural to recreational; Land at Clink Road for Sea Palling with Waxham Community Trust (Full Planning Permission) Development Control Committee 51 23 September 2010 SEA PALLING - PF/10/0578 - Change of use of land and garage to storage and seasonal hire of bicycles; Land to rear of Rosemary Cottage, Waxham Road for Mr Kiernan (Full Planning Permission) SHERINGHAM - PF/10/0703 - Erection of single-storey dwelling and garage; Land at The Orchards, 10 Holt Road for Mr and Mrs Robinson (Full Planning Permission) SHERINGHAM - PF/10/0781 - Two storey rear extension; 15 St Austins Grove for Mr Welch (Householder application) SHERINGHAM - PF/10/0791 - Erection of single-storey side extension; 15 Sycamore Grove for Mr Feist (Householder application) STALHAM - NP/10/0950 - Prior notification of intention to excavate irrigation reservoir; Land at Chapelfield Farm. Chapelfield for Mr R Overton (Prior Notification (Agricultural)) SUTTON - LA/10/0765 - Refurbishment of fire damaged dwelling and erection of two-storey and single-storey extensions; High Cottage, Rectory Road for Mr M Jolly (Listed Building Alterations) SWANTON ABBOTT - PF/10/0787 - Erection of first floor side extension; Clements Corner Farm, The Hill for Mr A J Hird & Mrs S J Godfrey (Householder application) TRUNCH - PF/10/0814 - Erection of single-storey side extension; Field House, Brewery Road for Mr T Ollivier (Householder application) WELLS-NEXT-THE-SEA - AI/10/0810 - Display of illuminated advertisements; 1 High Street for Aegis Design (Advertisement Illuminated) WELLS-NEXT-THE-SEA - NMA1/99/1563 - Non-material amendment request for installation of additional door and window; Barn adjoining Coach House, Rear of Bowling Green P H, 20 Church Street for Mr R Griffiths-Jones (Non-Material Amendment Request) WEYBOURNE - PF/10/0819 - Erection of two-storey rear extension; Beck Cottage, Station Road for Mr R Woodhouse (Householder application) WITTON - PF/10/0742 - Removal of condition 4 of planning reference: 08/1738 to permit retention of car park security lighting and bulkhead safety lights; Heathers, Bacton Road for Jeesal Residential Care Services Ltd (Full Planning Permission) WORSTEAD - PF/10/0753 - Raising of roof and erection of one and a half storey side extension; Wayside, Meeting Hill Road, Briggate for Mr Brown (Householder application) Development Control Committee 52 23 September 2010 12. APPLICATIONS REFUSED UNDER DELEGATED POWERS CLEY NEXT THE SEA - LA/10/0770 - Installation of 4 sunpipes; The Old Dairy, 7 Old Hall Farm Barns, Coast Road for Miss S Howarth (Listed Building Alterations) CROMER - PF/10/0710 - Installation of roof lights and erection of garden wall; 1 Chesterfield Villas, West Street for Mr J Griffiths & Mr D Shenton (Householder application) CROMER - LA/10/0711 - Demolition of lean-to extension, installation of rooflights and gable windows, alterations to roofspace to provide habitable accommodation, replacement doors and erection of rear wall; 1 Chesterfield Villas, West Street for Mr J Griffiths & Mr D Shenton (Listed Building Alterations) CROMER - PF/10/0723 - Conversion of roof space to one residential flat incorporating rear dormer extension; 9 Cabbell Road for Mr and Mrs C Taylor (Full Planning Permission) ERPINGHAM - PF/10/0818 - Erection of first floor side extension and detached two-storey dwelling; 1 Jubilee Close for Mr P Young (Full Planning Permission) POTTER HEIGHAM - LA/10/0759 - Erection of front entrance (retrospective); Dove House Farm, Dove House Lane for Mrs D Whyatt (Listed Building Alterations) porch RUNTON - LA/10/0807 - Installation of wood burning stove and door to front elevation; Incleborough House, Lower Common, East Runton for Mr & Mrs N Davies (Listed Building Alterations) WICKMERE - PF/10/0612 - Erection of two-storey extension and single-storey link extension and installation of dormer windows; Wickmere House, Watery Lane for Mr C Buchan (Householder application) WIVETON - PF/10/0685 - Continued use of land for siting storage container; Land adjacent, Blakeney Road for Mr Curtis (Full Planning Permission) APPEALS SECTION 13. NEW APPEALS BEESTON REGIS - PF/10/0292 - Erection of Two-Storey Rear Extension; 2 Meadow Cottages, Beeston Common for Mr Gotts HOUSEHOLDER (Fast-track) Development Control Committee 53 23 September 2010 HINDRINGHAM - PF/10/0023 - Conversion of barn to two units of holiday accommodation; Row Hill Farm Barns, Walsingham Road for Norfolk County Council WRITTEN REPRESENTATIONS (short procedure) NORTH WALSHAM - PF/10/0406 - Erection of single-storey front extension and two-storey rear extension; 1 Recreation Road for Mr Coop HOUSEHOLDER (Fast-track) 14. PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS CROMER - PF/09/0929 - Installation of Replacement Shop Front, Roller Shutter and Air Conditioning System; 57 , Church Street, Cromer for Iceland Foods Limited INFORMAL HEARING 07 September 2010 15. WRITTEN REPRESENTATIONS APPEALS - PROGRESS BODHAM - PF/09/1202 - Erection of agricultural building and formation of access roadway; Land at Hart Lane for Mr D Knowles SITE VISIT:- 20 September 2010 HOVETON - PM/10/0058 - Removal of Condition 4 of planning reference 20041723 to enable approved holiday units to be occupied as two residential dwellings; Two Saints Barn, Tunstead Road for Legislator 1363 SITE VISIT:- Still to be arranged SHERINGHAM - PF/08/1228 - Conversion of A1 (retail shop) to two-storey dwelling and re-location of bin-store; Barber's Shop to rear 22, Station Road for Museum Cottages SITE VISIT:- Still to be arranged SHERINGHAM - PO/09/1190 - Erection of two detached dwellings; Land at 5 Meadow Way for Mr P James SITE VISIT:- 20 September 2010 SUSTEAD - PF/10/0197 - Proposed general purpose agricultural building; Manor House Farm, New Road, Bessingham for Mr Clark SITE VISIT:- 20 September 2010 WOOD NORTON - PF/09/1064 - Erection of Single-Storey Dwelling and Cattery with Welfare Facility; Land at Foulsham Road for Mr C Jeffrey SITE VISIT:- Still to be arranged 16. APPEAL DECISIONS SHERINGHAM - PF/09/0714 - Erection of single storey dwelling; 43, Nelson Road for Mr A Holbrook APPEAL DECISION:- DISMISSED Development Control Committee 54 23 September 2010