OFFICERS’ REPORTS TO
PLANNING POLICY AND BUILT HERITAGE WORKING PARTY – 27 JUNE 2011
PUBLIC BUSINESS – ITEM FOR INFORMATION
1.
Local Development Framework Progress Report
This report provides a general update in relation to the Local Development
Framework and related policy documents.
1. Progress on the LDF and related work.
The Planning and Compulsory Purchase Act 2004 established a new system of local
development planning in England, replacing Local Plans with Local Development
Frameworks (LDF). The LDF is a series of documents which together provide the
planning policy context for North Norfolk. Three main types of document are
prepared:
1. Development Plan Documents (DPDs) – These are formal policy documents
which have been subject to independent examination and are adopted by the
Council.
2. Supplementary Planning Documents (SPDs) – These are not policy
documents and are not subject to independent examination. They are
prepared in order to explain the Councils approach to the application of
specific policies and will always be related to one or more Development Plan
policies.
3. Process and monitoring documents. These include a Local Development
Scheme which is a published programme of document production (no longer
a formal requirement), a Statement of Community Involvement which
establishes agreed consultation processes, and an Annual Monitoring Report
which monitors progress against stated policy objectives.
Additionally the Council can publish a range of other supporting material such as
development briefs, design guides, informal policy advice and guidance notes. These
do not have the same formal status as LDF documents.
The process for preparing DPDs is subject to regulations relating to the various
stages of preparation including evidence gathering, developing and considering
options, consultation, examination and adoption/approval.
The Council has, or intends to prepare the following:
Document
Core Strategy
Development Plan
Document.
Content
Provides the strategic land use policy context
for the district and includes detailed
development management policies.
Core Strategy
Single Issue
Review in relation
to the re-use of
rural buildings as
dwellings.
Up – dates the policy applied to proposals to
re-use rural buildings as dwellings.
Planning Policy and Built Heritage Working Party
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Status/Progress
Adopted by the
Council in
September
2008.
Adopted
February 2011.
27 June 2011
Site Allocations
Development Plan
Document
Allocates land for future development. The
allocations are made to meet the strategic
objectives of the Core Strategy. Each
allocation is subject to a specific policy and a
number are subject to a requirement that a
Development Brief is agreed before
development is commenced.
Adopted by the
Council in
February 2011.
Proposals Map.
Shows on an OS Map where each of the
policies is applicable - referred to as policy
area designations.
Adopted in
September
2008.
Local
Development
Scheme.
Statement of
Community
Involvement.
Annual Monitoring
Reports.
The published programme for document
production.
Fifth revision
approved July
2009.
Adopted April
2006.
North Norfolk
Design
Guide.(SPD)
Landscape
Character
Assessment.(SPD)
Planning
Obligations
Supplementary
Planning
Document.(SPD)
Development
Briefs for Major
Allocations
The adopted approach for community
participation in the plan making and
development management processes.
Provides information on the progress of
preparing the LDF and the impacts of
policies. Includes information on housing
completions, expected housing delivery,
employment land take up and a broad range
of policy objectives.
Provides detailed guidance in relation to how
the Council expects development proposals
to meet the requirements of Core Strategy
policies EN4 (Design) and EN6 (Sustainable
Construction and Energy Efficiency).
Provides detailed guidance in relation to how
the Council expects development proposals
to meet the requirements of Core Strategy
policy EN2 (Landscape Character).
To provide detailed guidance in relation to
how the Council expects development
proposals to meet the requirements of Core
Strategy policy CT2 (Developer
Contributions).
To provide detailed advice in relation to the
Council’s expected approach to development
schemes in the district to cover issues such
as mix of land uses, access, conceptual
appearance and phasing of development.
The Site Allocations Development Plan
requires Development Briefs to be prepared
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Produced
annually to
cover the
period March –
April in the
preceding year.
Approved by
Council in
December 2008
Approved by
the Council in
June 2009.
Not
commenced
pending further
Council
consideration of
Section 106
Legal
Agreements
and the
Community
Infrastructure
Levy. (See
separate item
on this agenda)
See separate
report on this
agenda.
27 June 2011
Site Development
Guides
in relation to mixed use allocations at
Fakenham, North Walsham, Holt and
Stalham and a small number of town centre
redevelopment ‘opportunity’ sites.
Not as detailed as a Development Brief the
aim is to produce a guide for many of the
allocated sites.
Guides are
being prepared
where there is
known
developer
interest.
2. Work Programme and Resources.
The Council was one of the first in the East of England to adopt both a Core Strategy
and an Allocations Development Plan and consequently it is now well placed to
deliver the development that is required to meet key strategic objectives in relation to
housing, employment creation, recreation and specific locally identified needs.
Following the re-structuring of the Planning Department in the first part of 2010/11
the work of the Planning Policy team has shifted away from Plan Preparation with a
greater focus currently being given to the delivery of development. A new Major
Developments Team has been formed with a combination of staff from both the
Planning Policy and Development Management sections. This team has the
responsibility to continue with the development of policy and related advice including
preparation of Development Briefs, Planning Obligations and CIL, review of
government policies (Localism), corporate projects (Pathfinder, Asset Management
projects, Area Partnership initiatives), working with neighbouring authorities and
various outside organisations, monitoring, and providing policy advice to the
Development Management service. Additionally, the team processes all planning
applications relating to sites allocated for development in the Site Allocations
Development Plan and other larger scale residential proposals including any rural
exceptions developments. In relation to planning applications the team reports
directly to the Development Committee.
The team comprises a Team Leader (part time), two Senior Planners (both part
time), Planning Trainee (temporary post), Admin support (temporary post) and
Monitoring Officer (currently redeployed to the Land Charges section). Additional
‘resource’ is provided by other District and County Council services including
Conservation, Design and Landscape Officers, Highways, Housing Enabling Officer,
Sustainability Officer, and the Countryside and Parks Manager who all contribute to a
Major Developments Team panel. ATLAS (a government supported advisory service
in relation to large scale development proposals) is providing advice and support in
relation to the preparation of a Development Brief for the large mixed use
development allocation at North Walsham.
In relation to Planning Policy it is anticipated that the focus for the Working Party over
the coming months will be to recommend to Cabinet:
•
•
The process for preparing Development Briefs, consideration of the content of
briefs prior to publication for consultation, and approval of final briefs.
The process for preparation of a Planning Obligations SPD and Councils
approach in relation to CIL.
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27 June 2011
•
Consideration of the Councils position in relation to Localism as it relates to
Planning Policy.
The position in relation to developments on the allocation sites will be reported on a
regular basis. The current position is attached as Appendix 1 (Site Allocations
Progress Tracker).
RECOMMENDATION:
This report is for information only.
(Source. Mark Ashwell. Extn 6325)
PUBLIC BUSINESS – ITEM FOR DECISION
2.
North Norfolk Local Development Framework – Site Allocations Development
Plan Document. Preparation of Development Briefs.
This report outlines the need to prepare development briefs in relation to a number of
Local Development Framework site allocations, explains the process and seeks to
agree priorities for preparation.
1. Background
The Site Allocations Development Plan Document (DPD) was adopted by the Council
on 23rd February this year. The DPD allocates a total of 48 sites, of varying size,
across the District for future development. The majority of these sites are for housing
development, but some of the larger sites are for mixed uses (e.g. housing and
employment). In addition there are a number of independent employment, retail and
education allocations.
Each site allocation is subject to a unique policy which specifies the requirements (in
addition to those of the adopted Core Strategy) which development proposals will be
expected to meet. In the case of the larger mixed use allocations and the majority of
the retail allocations these policies specify that a development brief is approved
before any development is commenced, reflecting the complexity and sensitivity of
these particular allocations. The policies for these sites also refer to the particular
issues which each brief should address.
2. Sites that require a Brief
The allocation sites which require the preparation of a development brief are as
follows:
Table 1 – Development Brief Requirements
Allocation details
Development
Requirements
Mixed Use: (F01) Land
north of Rudham Stile
Lane, Fakenham (85 ha)
Approx 800-900 dwellings,
Brief Progress to-date
Access, sustainable
transport, layout,
landscaping, phasing,
provision of employment
land and the conceptual
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Draft Brief was prepared
as part of the preparation
of the Site Specific Plan
process to demonstrate
how development on the
27 June 2011
7 hectares of employment
land, primary school, open
space and community
facilities with potential for
further development
beyond the Plan period.
appearance of the
development.
Mixed Use: (NW01) Land
at Norwich Road/Nursery
Drive, North Walsham
(24.5 ha)
Access, movement, mix of
uses, layout, built form,
density, landscape,
phasing and appearance.
Approx 400 dwellings, 5
hectares of employment
land, 4 hectares of public
open space and station
car parking.
Mixed Use: (H09) Land at
Heath Farm/Hempstead
Road, Holt (15 ha)
Access, sustainable
transport, layout, phasing
and conceptual
appearance.
Approx 200 dwellings, 5
hectares of employment
uses and public open
space.
Mixed Use: (ST01) Land
adjacent Church Farm,
Ingham Road, Stalham (9
ha)
Brief to ensure no more
than 160 dwellings and
agree distribution of land
uses within the site.
No more than 160
dwellings, 2 hectares of
low key
employment/community
use and 2 hectares of
public open space.
Mixed Use: (NW44)
Paston College Lawns,
North Walsham (1.5 ha)
Mix of uses, access,
layout and conceptual
appearance.
Retail: (ROS6) Land at
Fakenham Town Centre
(3.9 ha)
site could be delivered.
This Brief has been
subject to some
consultation with key
bodies such as Highways,
Water Authority and
internal services but has
not been subject to wider
public consultation. The
Council has endorsed the
draft brief as a basis for
further consultation.
Regional house builder
owns part of the site and
wishes to promote delivery
of a first phase of
development. Plans
indicating site layout have
been submitted but not
endorsed by the Council.
Council is working with
ATLAS which is providing
advice in relation to the
preparation of a Brief.
Consortium of three
principal land owners
acting together to develop
a comprehensive scheme.
Agents instructed to
prepare initial Brief for
local authority
consideration.
Site being marketed by
land owner. Some interest
from regional house
builders. No detailed
discussions in relation to
Brief requirements.
Thought unlikely to
proceed given decision of
Paston College to remain
on the site.
These are all either town centre or edge of centre sites
and are within or close to designated Conservation
Areas and/or Listed Buildings. Briefs will variously need
to address issues such as mix and layout of uses,
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27 June 2011
Retail: (ROS8) Land at
Vicarage Street Car Park,
North Walsham (0.36 ha)
Retail: (ROS3) Land
between Louden Road &
Church Street, Cromer
(0.28 ha)
urban design, phasing of development and
displacement or re- provision of existing uses.
There are no active proposals or expressions of interest
in development on these sites and at this stage it is
anticipated that any work in relation to the preparation
of Development Briefs will be delayed whilst priority is
given to the mixed use schemes.
Retail: (ROS5) Land
adjacent Clock Tower,
Sheringham (1.0 ha)
3. The Purpose of Development Briefs
Development briefs have been used for many years by local planning authorities in
order to assist bringing forward sites for development. They can come in various
guises and can be prepared for differing reasons, but when applied successfully they
can be a useful tool for improving:
•
•
•
the quality and consistency of advice provided to developers
the efficiency of the planning process; and
the quality of the built environment
They also provide the basis for further community engagement in the planning of
significant sites at an early stage in the process when many of the key decisions
have yet to made.
A site specific brief (as would be the case for the DPD allocations) forms a stepping
stone between the provisions of the development plan and the requirements of a
planning application. Typically a development brief will cover the following:
•
•
•
state the objectives for development of the site
provide site information (e.g. physical characteristics, affected designations,
constraints, relevant planning policies)
stipulate the type and form of development which would be acceptable on the site
and how this should be provided. This would cover such issues as the layout
principles, access, scale, design approach, features to be retained, and the
general location of different land uses together with any required phasing of
development.
4. The Process for Preparing Development Briefs
Developments briefs are not statutory documents in the way that the Core Strategy
and the Site Allocations DPD are, the latter of which have been the subject of
extensive public consultation and independent examination. Nevertheless they can
be approved by a local planning authority as supplementary planning guidance and
are a material consideration in the determination of planning applications. In order to
reach this position a brief should be subject to public consultation and preferably
prepared in collaboration with the land owners and / or prospective developer(s) of
the site.
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27 June 2011
Most of the larger allocations in the district are either owned by, or are under option
to, regional house building companies. Considerable work has previously been
undertaken in the case of the largest of the allocations at Fakenham (Site F01) and
preparatory work is being done in the case of the site at Holt (Site H09). In the case
of Site NW01 at North Walsham the Council is engaging the services of ATLAS
(‘Advisory Team for Large Applications’ – who are part of the Homes and
Communities Agency) in order to assist in moving forward the redevelopment of the
site which has some complex constraints and land ownership issues; issues which a
development brief will need to address. It is envisaged that the advice and skills
obtained from ATLAS in the case of this site will be of benefit to officers in the
preparation of development briefs and negotiations with developers on other site
allocations.
Public consultation is an important element in the preparation of a development brief.
It is envisaged that this would take place following the approval of a draft version of
each brief by this Working Party. It is suggested that the consultation would be run on
similar lines to that referred to in the LDF Statement of Community Involvement with
reference to major planning applications. This would involve the holding of a local
exhibition attended by both planning officers and representatives of the prospective
developers / landowners. A separate presentation could be made to the respective
Town Council.
Following public consultation and any subsequent revisions made as a result, the
brief would be reported to this Working Party and ultimately to Council for approval.
5. Prioritising the Preparation of Development Briefs
As referred to above, there is known interest in the progression of development briefs
for the three largest mixed use allocations at Fakenham, North Walsham and Holt.
These are all important strategic allocations within the district which are intended to
deliver significant housing growth in their respective settlements (including affordable
housing) together with new employment opportunities. It is therefore suggested that
these three allocations should be the initial priority for the preparation of development
briefs.
Recommendation:
That Members note the requirements to prepare development briefs and agree
that priority is given to undertaking this work for the large scale mixed use
allocations at Fakenham, North Walsham and Holt.
(Source: Mr J Williams (Team Leader – Major Developments))
Planning Policy and Built Heritage Working Party
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27 June 2011
PUBLIC BUSINESS – ITEM FOR INFORMATION
3.
North Norfolk Local Development Framework – Planning Obligations and the
Community Infrastructure Levy
This report outlines the process of securing infrastructure and facilities through the
Development Management process using Section 106 legal agreements and
potentially the Community Infrastructure Levy (CIL).
1. Introduction
It is an established part of the planning system that those who secure planning
permission for the development of land should contribute towards meeting the need
for new or improved infrastructure which is required in connection with their
development. Local Authorities are able to secure such contributions either through
the direct provision of infrastructure by the developer or the payment of monies to
deliver the infrastructure. Typically these contributions are made in relation to larger
scale developments and might include affordable housing, local road improvements,
provision for public open space and its’ on-going maintenance, funding for additional
school places, library facilities and other public services.
These contributions have mainly been secured through a process of legal
agreements under Section 106 of the Town and Country Planning Acts where the
Planning Authority agrees to the grant of planning permission subject to the prior
completion of a legally binding agreement. To ensure that such arrangements are
operated in a way which is seen to be fair, open and reasonable, and in order to
retain public confidence in the fundamental principle that planning permission cannot
be bought or sold, each agreement must comply with a number of tests. They must
be:
necessary – in the absence of an obligation planning permission would be
refused.
relevant to planning – relate to the use of land in the public interest.
directly related to the proposed development- there is a direct functional
connection between the development proposed and the contribution being
provided.
fairly and reasonably related in scale and kind to the proposed development.
reasonable in all other respects.
2. Current policy and approach
Adopted Core Strategy policy (CT2) and site specific policies in the Allocations Plan
recognise that in many instances development will only be able to proceed if
infrastructure, services and community facilities are improved. Policy CT2 indicates
that such improvements may be required in relation to development proposals for 10
or more dwellings and that the mechanism for making contributions (either as direct
provision or through a financial contribution) will be published in a Planning
Obligations SPD.
In some parts of the District there are known infrastructure deficits which are
expected to be addressed through the investment programmes of providers. eg
Sewage Treatment Works improvements. In these cases approved policies indicate
that development may need to be delayed until these investments have been made.
In relation to affordable housing, educational provision, localised highway
Planning Policy and Built Heritage Working Party
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27 June 2011
improvements and the provision of public open space, contributions have been
secured through the completion of Section 106 Legal Agreements negotiated on a
case by case basis through the determination of planning applications. In practice,
the small scale of most developments in the District over the past few years has
rarely triggered the need for significant contributions.
3. The Community Infrastructure Levy
The Government has decided that the process of legal agreements has been slow,
creates uncertainty, and does not secure contributions from smaller scale
developments - notwithstanding that these collectively place addition burdens on
infrastructure and services. The Government’s preferred approach is to apply a tariff
on most new development at the point when planning permission is granted. The
Government’s view is that this tariff (the Community Infrastructure Levy) would be
fairer, faster and a more certain and transparent system. The intention is that levy
rates would be set in consultation with local communities and developers and would
provide developers with much more certainty ‘up front’ about how much money they
would be expected to contribute. It would also spread the ‘burden’ of contributions
across a much broader spectrum of development.
Regulations have been passed which allow, but do not require, a local authority to
charge a levy. The process for introduction of a levy is similar to that which is
required for the production of Local Development Framework Documents.
CIL is essentially a locally determined development tax set by a Charging Authority.
Those local authorities who prepare development plans would be the Charging
Authority. In Norfolk the responsibility therefore falls to the District Councils to
prepare a CIL, should they choose to do so.
CIL should not be set at a level that risks the delivery of the Development Plan by
making development unviable. It will be possible to charge differential rates to cover
viability issues (but only if evidence deems it is appropriate) based on geographical
areas or sub zones. Charging schedules will be subject to consultation and
examination in a similar way to a Development Plan.
Affordable and social housing projects as well as charity developments would be
exempt from the levy. Developer funded affordable housing would continue to be
delivered through the planning obligations under S106 agreements and not CIL,
although government is considering if affordable housing could be covered by CIL.
Most other developments, including both residential and commercial schemes, would
be subject to a levy.
In most circumstances the Charging Authority will also be the Collecting Authority but
the Regulations do enable Charging Authorities to appoint another agency to collect
funds on their behalf where the agency consents developments. For example, the
County Council could collect that element of any Levy relating to the provision of
education. Similarly Charging Authorities can also be the Spending Authorities,
although where a District Council collects money for schools it would need to pass
part of the CIL receipt to the County Council as local education provider. The same
principle would apply if the scope of CIL covered fire service provision, or health-care
etc (i.e. the collecting authority would need to pass part of the CIL receipt to the
relevant infrastructure provider). As part of the recent announcements, the Coalition
Government has indicated that neighbourhoods should receive a proportion of the
funds raised from The CIL. These could pass directly to the local neighbourhood so
community groups could spend the money locally. The precise mechanism as to how
Planning Policy and Built Heritage Working Party
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27 June 2011
this would work is not clear at this stage although some authorities are considering
the possibility of ring fencing a set proportion of the levy for neighbourhood projects.
Collecting Authorities are able to retain no more than 5% of CIL to cover
administration costs.
4. Preparing a CIL
The Charging Authority has firstly the option as to whether to introduce CIL, or simply
continue with using the existing planning obligations processes for seeking developer
funding. Where the local authority opts to go down the CIL route, there will be a
formal process for its introduction, which will involve developing and adopting a
“Charging Schedule”. The Charging Schedule sets out the infrastructure
requirements and the proposed levy on a per square metre basis. The Charging
Schedule will be subject to public scrutiny and examination. Introduction of CIL would
require:
•
Identifying the total Infrastructure requirement arising from proposed
growth in the area. Any tariff needs to be supported by an understanding of
the Infrastructure that is required to support the development. The
government does not require the development industry to fund all new
infrastructure but expects a contribution to be made in so far as it is
necessary to allow development to take place, or to take place earlier than
might otherwise have been the case.
•
Identifying a list of indicative infrastructure projects which will be
funded (part funded) through CIL. Once the full extent of infrastructure
needs are identified these need to be fully costed. Existing funding sources
are then deducted from the overall cost to establish the funding deficit.
•
Decide what is in CIL and what is not. A decision needs to be taken in
relation to which types of infrastructure might be funded via the levy. An
authority might decide that some types of provision, for example small scale
site specific works, are best secured through the existing Section 106
process.
•
Preparation of evidence on economic viability. Any tariff that is set must
be subject to viability testing to ensure that it is not set at a level which would
undermine the viability of development.
•
Formal consultation on the Charging Schedule. A draft Charging
Schedule must be published for a minimum of a four week consultation
period.
•
Examination in Public – chaired by an Independent Inspector. Inspectors
are appointed by the Planning Authority and need not be a Government
Inspector. The Examination process is similar to the LDF with the inspector
publishing his/her findings and making recommendations. The Examination
will focus on the evidence that is produced to support the proposed tariffs.
(Core Strategy, Allocations DPD, Infrastructure Plan, Viability Assessment,
Consultation responses and how LPA has taken these into account).
•
Approval. The CIL must be the subject of a formal Council resolution to
adopt.
•
Implement and establish administrative processes for collection,
distribution, spending and monitoring. Administrative processes will need
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to be established to allow the Council to collect and distribute CIL. The
Council is also required to publish what is collected and how it is spent in its
Annual Monitoring Report.
5. Next Steps
Introduction of CIL would be a major undertaking for the Authority both in terms of the
initial establishment of the levy and the on going resource implications in relation to
collection and administration. It comes at a time of other significant changes to
planning processes and during a period of uncertain economic conditions where the
viability of development is already being questioned. Nevertheless Officers initial
assessment is that there is substantial merit in introducing CIL as it offers the
prospect of a more equitable and transparent mechanism for ensuring that
developments planned for the District over the next ten or fifteen years are matched
by an appropriate investment in the supporting infrastructure. Careful consideration
needs to be given to the potential impacts of a tariff on development viability and how
this might impact on the Councils’ ability to deliver against its affordable housing
targets.
In the first instance it is proposed that these issues be reported to Cabinet for further
consideration.
RECOMMENDATION:This report is for information only.
(Source: Mark Ashwell, Extn: 6325)
PUBLIC BUSINESS – ITEM FOR DECISION
4.
CONSERVATION AREA
PROGRAMME UPDATE
APPRAISALS
AND
MANAGEMENT
PLANS
–
This report provides an update on the progress achieved so far in respect of the
preparation of Conservation Area Appraisals and Management Plans for the District.
It also outlines the current programme.
1.0
BACKGROUND
The preparation of Conservation Area Appraisals and Management Plans has for
some time been seen as central to the Council’s efforts to protect and enhance the
natural and built environment and heritage of North Norfolk.
An ‘up to date’ Conservation Area Appraisal and Management Plan provides the
backcloth, together with the planning policies contained in the North Norfolk Local
Development Framework, to good decision-making, particularly in respect of
applications for development which affect the character or setting of a Conservation
Area. All Local Planning Authorities are required to ensure that there are character
appraisals and management plans in place and that they are regularly reviewed.
2.0
CONSERVATION AREA APPRAISALS
A Conservation Area, as defined in statute by Section 69 of the Planning (Listed
Buildings and Conservation Areas) Act 1990 is ‘an area of special architectural or
Planning Policy and Built Heritage Working Party
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27 June 2011
historic interest, the character or appearance of which is desirable to preserve or
enhance’. North Norfolk’s rich architectural heritage is signified by the fact that it has
82 Conservation Areas (there are also over 2250 Listed Buildings and 64 Scheduled
Ancient Monuments).
This heritage resource is one of the key attributes of the district. Experience has
shown that the quality of the built environment and historic environment is one of the
key factors in drawing investment into North Norfolk. Indeed over the last decade the
district’s heritage assets have often been the catalyst for regeneration and renewal.
The range, size and type of Conservation Areas in the district vary considerably.
Some are quite small and based on a range of buildings such as the former Dilham
Brickworks. Others are centred on key settlements and towns like Fakenham, Wells,
Holt or Cromer. Many villages, such as Binham and Blakeney, Mundesley and
Matlaske, Trunch and Trimingham
have conservation area status. The most
recently designated Conservation Area was the former RAF Coltishall Airbase in
Scottow Ward.
The purpose of a Conservation Area Appraisal and any associated management
proposals is to:
•
•
Define and record the architectural and historic interest of a conservation area
Provide guidelines for the enhancement of the Conservation Area and to prevent
the erosion of character
An appraisal is undertaken by means of a detailed analysis and in accordance with
the criteria recommended by the government’s agency for the historic environment,
English Heritage. An example of a completed document is that being considered at
this meeting (Fakenham).
The factors normally considered are:
•
•
•
•
•
•
•
•
•
•
•
•
•
Location and setting
Planning Policy context
General character and plan form
Landscape Setting
The origins and historical development
Archaeological significance
Spatial Analysis (interrelationship of spaces and quality of the ‘public realm’)
Key views and vistas into and out of an area
Prevailing or former uses
Key Buildings (and those potentially ‘locally listable’)
Local architectural detail
Ecology and ‘greenery’
The extent of loss, intrusion or damage
The Management Proposals tend to be based upon:
•
•
•
•
•
Review of Boundaries
How inappropriate alterations to houses in particular can be prevented
Identification of buildings of local architectural or historic interest
Influencing the quality of new development
Managing the ‘public realm’
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27 June 2011
•
•
Working with the local community
Co-operating with other bodies and agencies to ensure the sympathetic
installation of infrastructure and the retention of existing infrastructure where it
makes a positive contribution to the setting
3.0
PROGRESS TO DATE AND FUTURE PROGRAMME
Up to March 2011 23 Conservation Areas had been surveyed and either had fully
adopted Appraisals and Management Proposals or fieldwork completed (see the
accompanying table below).
The work involved has been intensive and for each adopted Conservation Area
Appraisal and Management Plan a series of public exhibitions and meetings
combined with extensive public consultation has taken place. As an example of
‘localism’ and public engagement the process is exemplary. The involvement of the
local community and town and parish councils has been more than significant. Local
knowledge and ownership and support have been vital and the help and contribution
of those living and working in each of the Conservation Areas has been essential.
Indeed without the support of local people the objectives and aims of the Appraisals
and Management Proposals would not be achievable in future.
However due to the experience gained from the work undertaken so far and the
practicality of the staff and other resources available, it is considered that a further
prioritisation of the work programme is necessary. Consequently in the programme
contained in this report a concentration on the remaining key towns and settlements
is recommended. For the 2011-12 financial year it is recommended that priority be
given to Cromer, Sheringham, Wells and Fakenham with a view to achieving full
adoption.
CONSERVATION AREA APPRAISAL & MANAGEMENT PLAN PROGRAMME
ADOPTED
Date
ALDBOROUGH
30-Jun-08
MELTON
CONSTABLE
19-Jun-08
MUNDESLEY
26-Nov-09
NORTH
WALSHAM
23-Dec-09
HOLT
11-Feb-10
RAF COLTISHALL
26-Aug-10
DRAFT
CONSERVATION
AREA
Produced
by
FAKENHAM
Draft to Committee
Consultation period
Adoption
AB
Field Work
Completed
May
2011
Planning Policy and Built Heritage Working Party
Jun
2011
13
Jul
2011
Aug
2011
Sep
2011
Oct
2011
Nov
2011
Dec
2011
Jan
2012
27 June 2011
Feb
2012
CONSERVATION
AREA
Produced
by
CROMER
Draft to committee
Consultation period
Adoption
SHERINGHAM
Draft to Committee
NNDC
Field Work
Completed
May
2011
Jun
2011
Jul
2011
Aug
2011
Sep
2011
Oct
2011
Nov
2011
Dec
2011
Jan
2012
AB
Consultation Period
Adoption
WELLS
Draft to Committee
Consultation Period
Adoption
CLEY
PR
Draft to Committee
Consultation Period
Adoption
LANGHAM
MH
Draft to Committee
Consultation Period
Adoption
MORSTON
KH
Draft to Committee
Consultation Period
Adoption
STALHAM
Draft to Committee
Consultation Period
Adoption
WIVETON
NCC
CB
Draft to Committee
Consultation Period
Adoption
WORSTEAD
PS
Draft to Committee
Consultation Period
Adoption
LITTLE
WALSINGHAM
Draft to Committee
Consultation Period
Adoption
BLAKENEY
Draft to Committee
Consultation Period
Adoption
MH
NCC
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27 June 2011
Feb
2012
CONSERVATION
AREA
Produced
by
EAST RUNTON
Draft to Committee
Consultation Period
Adoption
AB
WEST RUNTON
Draft to
Committee
Consultation Period
Adoption
AB
NEATISHEAD
Draft to Committee
Consultation Period
Adoption
BROADS
GLAVEN VALLEY
Draft to Committee
Consultation Period
Adoption
CB
OVERSTRAND
Draft to Committee
Consultation Period
Adoption
AB
HAPPISBURGH
Draft to Committee
AB
Field Work
Completed
May
2011
Jun
2011
Jul
2011
Aug
2011
Sep
2011
Oct
2011
Nov
2011
Dec
2011
Jan
2012
Consultation Period
Adoption
4.0
BUDGETARY IMPLICATIONS
There are no immediate financial implications. The revised programme and that
contained in this report takes account of the available in-house staff resources and
the other pressures on the service concerned. In the longer term there may need to
be a re-assessment of funds required to bring about some of the enhancement works
in certain Conservation Areas. In the meantime much can be achieved through the
adjustment of planning controls or improved partnership working with other bodies
such as the Highways Service at Norfolk County Council.
5.0
CONCLUSION
The historic built heritage of the district is one of the district’s strongest assets and
underpins North Norfolk’s sense of place and attractiveness, both for those who live
here and those who visit or wish to invest in the district.
By preparing Conservation Area Appraisals and management proposals the Local
Planning Authority is seeking to identify what makes places special and what are the
most significant factors that define their architectural character and significance.
Moreover an adopted Conservation Area Appraisal is a key ‘planning tool’ which is of
assistance not just to those making planning decisions but also agents and
applicants submitting proposals.
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Feb
2012
However, the preparation of these documents should not be seen as an end in itself.
Very often, as we have seen, additional management tools are needed to ensure the
preservation and enhancement of the character of an area. Furthermore
Conservation Areas should not be seen in aspic. Change is continuous. What is
important is that the change is managed sensitively so that the special character of
the district’s built heritage is saved for future generations to enjoy. To this affect a
review of any Conservation Area should take place at least every five years and
regulations introduced, with public support, where justified.
7.0
RECOMMENDATIONS
It is recommended to Cabinet that:
7.1 The progress achieved to date in respect of the preparation of
Conservation Area Appraisals and Management Plans is noted.
7.2 The programme identified for the delivery of adopted Conservation Area
Appraisals and Management Plans in the 2011-12 financial year and
contained in this report be agreed (viz. Cromer, Fakenham, Sheringham
and Wells-next-the-Sea).
7.3 Further reports on the progress with this programme are brought before
the Working Party and Cabinet as appropriate.
(Source: Philip Godwin Ext 6131 File Ref: Conservation Area Management)
PUBLIC BUSINESS – ITEM FOR DECISION
5.
FAKENHAM CONSERVATION AREA: ADOPTION OF CHARACTER APPRAISAL
AND MANAGEMENT PROPOSALS
Recommend to Cabinet that the Fakenham Conservation Area Character Appraisal
and Management Proposals be adopted for statutory planning purposes and as
such become a material consideration in the planning process.
1.0
BACKGROUND
The preparation of Conservation Area Appraisals and Management Proposals has
been seen as a key objective of the Council and central to its efforts to safeguard the
historic built heritage of the District.
An ‘up to date’ Conservation Area Appraisal and Management Plan provides the
context, together with the planning policies contained in the North Norfolk Local
Development Framework, to good decision-making, particularly in respect of
applications for development. However all good Local Planning Authorities should
ensure that not only is the character and setting of Conservation Areas maintained
but that it is also enhanced.
At its meeting on 25th June 2009 Development Control (West) Committee gave
approval for the Draft Conservation Area Character Appraisal and Management
Proposals for Fakenham so they could be taken forward for public consultation.
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Subsequently consultation was undertaken in August 2010. An open meeting to
discuss the document was held on 2nd August 2010. As a result the Draft Appraisal
document has now been amended to accommodate changes put forward during the
consultation period and there afterwards.
Note: Copies of the latest version of the ‘Fakenham Conservation Area: Character
Appraisal & Management Proposals’ document are available for inspection in the
Members’ Room; copies can also be produced on request.
2.0
PUBLIC CONSULTATION
Public consultation took place from 8th July to 2nd August 2010 and included:•
•
•
•
•
•
A public exhibition on display in the Fakenham Library.
An open meeting held at Fakenham High School, attended by 15 members of the
public.
Leaflets available at various public locations within the town.
The appraisal document being made available on the Council website.
A press release.
Posters displayed throughout the Town.
25 written responses were received from the public. Fakenham Town Council also
responded. The issues raised primarily revolved around the proposed revision to the
boundary of the Conservation Area, the condition of the public realm, traffic
management and matters of factual accuracy.
3.0
OVERALL ASSESSMENT
The centre of Fakenham was designated a Conservation Area in February 1975. It
includes the historic core of the town, which itself is centred on the Market Place and
The Market Square which are fine and impressive public spaces. In 1995, a
regeneration strategy was commissioned for Fakenham. As part of this, a
Conservation Area Partnership Scheme was undertaken by the District Council,
resulting in the repair of 34 buildings and award winning enhancement works in the
‘public realm’, notably the Market Place.
Today, Fakenham is an attractive market town which still attracts many people to its
weekly market and auctions; in addition to the market it has also retained a range of
small independent shops, as well as benefiting from several substantial convenience
stores close to the town centre.
3.1
Key Characteristics
•
The Conservation Area has two key axes in terms of settlement pattern. The
North-South course of the original main road through Fakenham, and to a lesser
extent, the roads leading away from the Market Place on a West-East alignment.
It includes the commercial centre of the town.
•
Fakenham’s growth has been constrained by the River Wensum and wetlands to
the south and west.
•
Due to substantial later 20th century development, the Conservation Area is now
a smaller part of the town.
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•
Agriculture and agricultural markets were historically the main source of
Fakenham’s income. Their importance is reflected by the large buildings that
surround an impressive Market Place and Square.
•
Few buildings are earlier than the Georgian period. Most early buildings were lost
during town fires.
•
Many small independent shops.
•
In townscape terms there is a sharp division between the streets and open fields
on the west side.
•
Interesting and intriguing vistas through the town and important focal points such
as the former corn exchange.
•
A high quality and award winning ‘public realm’ enhancement scheme in the
Market Square and Market Place.
3.2
Key Issues
•
Need to review the Conservation Area boundary.
•
Permitted development resulting in the loss of architectural detail and alterations
and extensions which are detrimental to the character of the area.
•
Adoption of local list of Buildings of Special Architectural or Historic Interest.
•
Poor modern shop front and signage design.
•
Need for better maintenance of the public realm and buildings.
•
Review of traffic management and controls.
•
Indifferent quality of road surfaces/street furniture outside the Market Place and
Square.
•
Need to improve further the quality of design for new development.
•
Need to re-invest in ‘public realm’ enhancement works (circa 1998-2001) which
are now in need of significant maintenance and repair.
4.0
MANAGEMENT PROPOSALS
4.1
Boundary Review
Following public consultation it is proposed that the following five areas be included
within the Conservation Area boundary:•
•
•
•
The Queen's Street Cemetery.
The Grade II Listed historic bridge over the Wensum.
The former gasworks (which is an interesting and rare example of industrial
architecture).
Wells Road area incorporating, St Anthony's Catholic Church, Summerhill House
and Fakenham High School.
Planning Policy and Built Heritage Working Party
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•
Norwich Road and Holt Road area incorporating three Listed Buildings and two
locally listed buildings (and a prominent entrance into the town).
4.2
Alterations to unlisted buildings and Article 4 Directions
Recent years have witnessed the serious erosion of architectural character through
incremental change. Throughout the Conservation Area there has been a significant
loss of original architectural detailing such as timber sash windows, doors and
general coherence. Front enclosures on private dwellings have been lost owing to
permitted development rights being exercised and parking spaces formed. This is
often because planning permission is not needed for these changes.
It is recommended that Article 4(2) Directions be used for selected main streets in the
town where removal of permitted development rights is considered to be a valuable
option. A further report on this matter will be brought to the Working Party in due
course.
4.3
Protection of buildings of local architectural and historical interest
Fakenham contains a number of historic buildings that are unlisted, but which make a
positive contribution to the character of the Conservation Area. This is either due to
their age, materials, relation to surrounding historic buildings, architectural detailing,
and ‘townscape’ value or to a combination of these factors. The government’s
Planning Policy Statement 5: Planning for the Historic Environment, makes provision
for local authorities to draw up lists of locally important buildings which make a
valuable contribution to the local scene or local history.
The following buildings are proposed to be included on the local list:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
41 Bridge Street
30 Bridge Street
5 Cattle Market Street
16 Cattle Market Street
Hexagonal Kiosk, Cattle Market Street
1,3,5 & 7 Hall Staithe
The Maltings Hall Staithe
31-33 Market Place
36 Market Place
1 Nelson Road
4 Nelson Road
9 & 11 Nelson Road
16 Nelson Road
14 Norwich Road
37 Norwich Road
6-10 Norwich Street
11 Norwich Street
21 & 23 Norwich Street
24 Norwich Street
25-27 Norwich Street
29 Norwich Street
37 Norwich Street
12 & 14 Oak Street
Methodist Church, Oak Street
31 Oak Street
37-39 Oak Street
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•
•
•
•
1 Queens Road
Fakenham Junior School, Queens Road
Summerhill House, Sculthorpe Road
St Anthony's Catholic Church, 29 Wells Road
Locally Listed Buildings do not receive statutory protection but become a material
consideration when development proposals are received.
4.4
New Development
The benefit of ‘hindsight’ suggests that some developments in the Conservation Area
are now considered to be out of character with the area due to their inappropriate
design, siting, scale, or materials. The inherent building styles and types
characteristic of Fakenham are a strength and ideally should be reflected in new
development. The scale and siting of new development should also be considered
with particular care, as should the architectural quality and detail. It is recommended
that all new development conforms to the advice in this Appraisal, as well as to the
adopted North Norfolk Design Guide.
4.5
Public Realm Issues
The Council needs to work with other agencies, residents and land owners to ensure
the public spaces in the town centre are maintained and enhanced.
It is recommended that a maintenance regime be established in conjunction with
Norfolk County Council, Fakenham Town Council, statutory undertakers and other
Council services, to make sure that street surfaces are properly repaired and
cleaned, that street furniture is kept in good order and that street lighting is installed
in a manner that complements the character of Fakenham.
5.0
BUDGETARY IMPLICATIONS
The next stage in this process is to produce a programme for delivery of the agreed
management proposals and any related enhancement schemes. For the latter
specific budgetary implications will need to be re-visited and agreed. Implementation
of any management scheme in the ‘public realm’ will of course be subject to the
availability of resources. However much can be achieved through more effective and
integrated use of current budgets at all levels within the Council and with partners at
the County and Town Councils, as well as the statutory undertakers. In the meantime
any change in planning controls should be possible within the constraints of existing
staff resources.
6.0
CONCLUSION
The historic built environment is one of Fakenham’s strongest assets and underpins
the town's sense of place and special character. It helps to reinforce civic pride as
well as attracting inward investment and tourists.
By preparing this conservation area character appraisal the Local Planning Authority
is seeking to identify what makes Fakenham so special and what are the most
significant factors that define the town's architectural character and significance.
Indeed the management proposals to be found in the second part of the document
are intended to help secure the future of these heritage assets. However, just as
Conservation Area designation should not be seen as an end in itself, neither should
the preparation of a Conservation Area Appraisal. It should be regarded as the first
step in a dynamic process, the aim of which is to preserve and enhance the
character of the town for future generations to enjoy. A review of the Conservation
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Area and this Appraisal should therefore be undertaken on a regular basis (every five
years is advised).
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7.0
RECOMMENDATIONS
That Cabinet is recommended:7.1
To adopt the Fakenham Conservation Area. Character Appraisal and
Management Plan for statutory planning purposes and as such be a
‘material consideration’ in the planning process.
7.2
To adopt the proposed boundary changes as recommended in the draft
Appraisal document and that they be publicised in accordance with the
Planning (Listed Buildings & Conservation Areas) Act 1990.
7.3
To endorse the preparation of a programme of enhancement and
improvement schemes for the Conservation Area and that appropriate
budgetary provision be sought and that an accompanying management
regime be formulated.
7.4
To endorse the preparation of a further report relating to the
introduction of Article 4 Directions as necessary
(Source: (Philip Godwin & Paul Rhymes, Ext 6131/6367 – File Reference: Fakenham
CAA))
PUBLIC BUSINESS - ITEM FOR DECISION
6.
RUSSELL TERRACE MUNDESLEY ARTICLE 4(1) AND 4(2) DIRECTION
Recommendation to Cabinet of the Confirmation of Direction under Article 4(1)
and 4(2) of The Town and Country Planning Act General Permitted Development
Order 1995 at Nos 1-23 Russell Terrace, Mundesley.
1.0 Summary
The purpose of this report is to seek confirmation of a Direction under Articles 4(1)
and 4(2) of the Town and Country Planning Act (General Permitted Development)
Order 1995 for Nos. 1-23 Russell Terrace, Mundesley. This report follows agreement
for the making of the Direction at the Development Control Committee meeting on
23rd December 2010. A six month period of consultation has been undertaken during
which time no objections were received and two representations supporting the
Direction were received.
2.0 Background
Under the Town and Country Planning Act (General Permitted Development) Order
1995 certain alterations can be made to the outside of dwelling houses without the
need to submit an application for planning permission. These alterations are known
as ‘permitted development’ and include proposals such as changing windows and
doors and removing chimneys. Over time these changes can seriously erode the
special character of both the individual property and the Conservation Area within
which they are located.
However where considered appropriate permitted development rights can be
withheld under Article 4 of the above order. The removal of permitted development
Planning Policy and Built Heritage Working Party
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rights using an Article 4 Direction means that planning permission must be obtained
before alterations can be made or works carried out. [It is important to note that there
is no fee for planning applications for alterations which would have been permitted
development if the Article 4 Direction had not been made.]
3.0 The Issues
Russell Terrace is located in the centre of the Mundesley Conservation Area, just off
High Street. It comprises 23 properties. The housing concerned is a rare example of
the ‘Arts and Crafts Movement’ dating back to 1904. The terrace is rather hidden
away to the rear of Russell Cottage along one side of an unmade road. The overall
setting benefits from mature boundary vegetation, visible from the surrounding land.
As outlined in the Mundesley Conservation Area Appraisal, the purpose of serving an
Article 4 Direction would be to preserve the uniform Edwardian character of the
terrace, particularly its southern elevation. The character of the terrace is defined by
symmetry and identical frontage features such as bay windows. So incremental
change by individual properly owners could have a seriously detrimental affect.
The terrace is remarkable in that, although side and rear windows have been altered
to most of the properties, the vast majority of the front façade retains its original sash
windows. However, because the properties are now ageing, most original window
frames are showing signs of decay and will need repair or replacement within the
near future. It is important that this situation is addressed before alterations which
would have a detrimental impact upon the character of the terrace are carried out.
4.0 Action & Content of the Order
The Order removes certain permitted development rights from Nos. 1-23 inclusive,
Russell Terrace, Mundesley. As outlined above, the terrace’s character is determined
from its well proportioned and consistent front and end elevations. Consequently it is
recommended that the Direction relates only to these three principal elevations.
In particular it is proposed that the Direction will be limited to the following aspects:1. Alterations to Elevations, Porches and other Architectural Detailing
Material alterations to the front and end elevations will now require planning
permission. Applications for porches, removal of architectural details, extensions and
other works which materially affect the appearance of the terrace will require
permission.
2. Satellite Dishes
The installation of numerous satellite dishes has particularly blighted the front
elevations of the terrace. It is proposed that control will be exercised over satellite
dishes. It is intended that they should not normally be situated on the front or side
elevations.
3. Roof & Chimneys
Any change of roof material or re-roofing will now require planning permission, as will
any proposal to remove or alter chimney stacks.
4. Roof Windows
Currently there are no roof lights on the main south elevation of the terrace. The
introduction of roof lights/openings to the principal terrace frontage would require
planning permission.
Planning Policy and Built Heritage Working Party
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27 June 2011
5. Doors & Windows
One of the major threats contributing to loss of character is the incremental
replacement of windows and doors in uPVC or other unsympathetic materials. It is
fortunate that at present a large percentage of the original windows remain; it is
important that the Direction covers these architectural features in order to mitigate
this pressing short and long term threat. The installation of replacement doors and
windows on the south elevation will now require permission. Replacement in
aluminium, plastic, or in designs other than that of the original specifications, will not
normally receive permission.
6. Painting Facades
Permission will be required for exterior painting of the south (front) elevation.
7. Hardstandings & Curtilage Walls
Some control is necessary to prevent cars from dominating the street scene and the
setting of the terrace. Permission for vehicle hard standings will be required. (This will
normally be refused unless they can be located or screened to minimise the impact
on the building and locality). Careful attention to paving and landscaping will be
required. Permission to erect a fence, wall or railing on the front curtilage boundary,
will only be approved if it is a type which prevails in the area. [This is a Direction
under Article 4(1) of the Town and Country Planning Act General Permitted
Development Order 1995].
5.0 Procedure
If the Direction is confirmed by the Cabinet, all owners and occupiers affected will be
notified in writing and the Direction will be published in the Eastern Daily Press.
6.0 Budgetary Implications
It is possible that the serving of an Article 4 Direction can give rise to compensation
for the owners of the properties concerned. However such cases are extremely rare.
In this particular instance it is very unlikely that a claim for compensation could be
sustained. The contents of the Article 4 Direction are so minor that a claim to retrieve
the costs would not be worthwhile. This is because notwithstanding any undue
market circumstances it is foreseen that individual owners would not be entitled to
compensation since the retention or maintenance of the aspects covered by the
Direction are most likely to enhance the value of their properties rather than lead to a
loss of value.
Therefore there are no foreseeable budgetary implications in the confirmation of the
Directions.
7.0 Recommendations
7.1 That the Working Party recommends Cabinet to agree to the confirmation
of the Direction under Articles 4(1) & 4(2) of the Town and Country
Planning (General Permitted Development) Order 1995 at Nos 1-23 Russell
Terrace, Mundesley, to cover the following matters:•
•
•
•
Alterations to elevations
Satellite dishes
Roof and chimneys
Roof Windows
Planning Policy and Built Heritage Working Party
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•
•
•
Doors and windows
Painting facades
Hardstandings and curtilage walls
and that formal notification of affected households be carried out.
7.2 That the Secretary of State for Communities and Local Government be
notified of the Council’s intention to serve an Article 4(1) & 4(2) Direction.
(Source: Paul Rhymes, Conservation and Design Officer, Ext. 6367.)
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