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Agenda Item No___13__________
Proposed designation of Local Development Order on land at Egmere – Report on
responses received during the consultation process and proposed further action
Summary:
Conclusions:
This report:
provides a summary of the issues raised through the public
consultation exercise undertaken by the Council in proposing to
designate land at Egmere for future development in support of
offshore wind energy developments off the North Norfolk coast
through the use of Local Development Order powers.

proposes that the Council commissions consultants to
undertake a Landscape Visual Impact Assessment and Habitat
Survey in support of the Local Development Order.

advises that the Council proceeds with seeking to designate
land at Egmere for future development through the use of Local
Development Order powers through preparing all the necessary
documents required to support such an Order – ie a draft Order
and Schedule of Development, Access Strategy, Design Guide
and Landscape Plan.
The report recommends that the Council should proceed with its
proposals to establish a Local Development Order at Egmere to
facilitate investment associated with offshore wind energy
developments through:
the commissioning of some technical survey work which
strengthens the evidence base in support of the proposed
Order,

preparation of a draft Order and Schedule of Development, an
Access Strategy, Design Guide and Landscape Plan;
prior to seeking endorsement of the Order from the Secretary of State
for Communities and Local Government.
Recommendations:
Cabinet is recommended to:1. Note the contents of the comments received on the proposed
Egmere Local Development Order through the public consultation
process and invite comment on the representations received.
2. Make available a budget of up to £20,000 from the General
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Reserve to commission a Landscape Visual Impact Assessment
and Stage 1 Habitat Survey so as to strengthen the evidence base
in support of the proposed Order,
3. Agree proposed changes to the area covered by the LDO
designation as outlined at Section 8 of the report.
4. Provides delegated authority to the Corporate Director, in
consultation with the Cabinet Portfolio holder for Planning, to
proceed with preparing final documents in support of the Order
before seeking approval of Full Council for the Local Development
Order to be sent to the Secretary of State for Communities and
Local Government for endorsement.
Cabinet member(s):
Ward(s) affected: Primarily Walsingham, with some impact
on the Priory ward
Cllr Tom FitzPatrick
Cllr R Oliver
Contact Officer, telephone
number, and e-mail:
Steve Blatch, Corporate Director
Steve.blatch@north-norfolk.gov.uk
Tel:- 01263 516232
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1.0
Introduction
1.1
At the meeting of Cabinet held on 13th December 2012, Cabinet received and endorsed
a report proposing the designation of land at Egmere for future development in support
of offshore wind energy developments off the North Norfolk coast through the use of
Local Development Order powers, and authorised officers to undertake public
consultation on such a proposal during the early part of this year.
1.2
This report seeks to provide Cabinet with details of the consultation exercise undertaken
and the responses received, and recommends future actions by the Council in seeking
to establish a Local Development Order at Egmere.
2.0
The Proposal
2.1
To designate approximately 28 hectares of land at Egmere (in the Walsingham and
Wighton parishes) on the B1105 to the south of Wells-next-the-Sea under Local
Development Order powers for future development by offshore wind operators and their
suppliers / contractors. The area proposed for such designation comprised the following
land uses:


approximately 12.7 hectares of previously developed land (part of which was in
commercial uses, with other parts vacant and accommodating empty commercial
(office and warehouse) premises),
approximately 1 hectare was under development by SCIRA, operators of the
Sheringham Shoal development, to provide offices and warehouse
accommodation for the company‘s Operations and Maintenance facilities
approximately 14.8 hectares of greenfield land, currently in agricultural use.
The proposal envisaged that in addition to clearly specifying the types of development
which would be permitted under the Local Development Order, any Order would also be
supported by an Access Strategy, detailed Design Guide and Landscaping Plan.
3.0
The Consultation Process
3.1
The public consultation exercise was conducted over period 21st January – 15th March
2013, supported by the following actions:
preparation of a consultation leaflet (attached at Appendix X);

the staging of two public exhibitions and attendance by the Leader of the Council
and Corporate Director at meetings of Wells Town Council and Walsingham
Parish Council;

details of the proposal and consultation process on the North Norfolk District
Council website;

sending personal letters to the owners / occupiers of residential properties in the
vicinity of the proposed LDO advising them of and inviting them to submit
comments on the proposal;
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
sending letters to town and parish councils in the B1105 corridor – ie Wells-nextthe-Sea and Fakenham Town Councils and Barsham, Holkham, Sculthorpe,
Walsingham and Wighton parish councils advising them of and inviting them to
submit comments on the proposed LDO.

erecting posters promoting the public consultation process displayed in the
vicinity of the proposed LDO and on parish notice boards in the above-mentioned
parishes.

promotion of the consultation and the proposal through media releases issued by
the District Council.
3.2
Quite late in the consultation period, following a representation from a resident of
Burnham Thorpe in the Kings Lynn and West Norfolk Borough Council area, consultation
on the proposed Local Development Order was also undertaken with the Borough
Council and the parish councils of North and South Creake and Burnham Market, Overy
and Thorpe; as well as the two local borough councillors, a local county councillor and
Henry Bellingham MP.
3.3
At 10th April 2013, 43 consultation responses had been received including:13 in support of the proposal, 2 with conditions
14 comments
16 objecting
3.4
The key issues raised through the consultation process are outlined at Section 4 below.
A full schedule detailing all of the comments received and the response of the Council
can be viewed at on the Council‘s on-line planning portal.
4.0
Objections / Issues raised through the consultation process
4.1
16 representations were received during the consultation process from people /
organisations objecting to the proposed Local Development Order; with 14
representations making comments. The principal grounds for people objecting to or
commenting on the proposal include the following issues:-
4.2
Whether the use of Local Development Order powers is an appropriate tool for
enabling development in a predominantly rural setting.
4.2.1 A number of respondents to the consultation process raised this issue, suggesting that
LDOs are more appropriate in bringing forward long-term vacant sites in ―economically
deprived‖ parts of the country, often in support of Government designated Enterprise
Zones.
4.2.2 Whilst the Coalition Government has promoted the use of LDO powers in seeking to
encourage and facilitate new job-creating investment within Enterprise Zones as part of
its wider agenda of wanting to support the economic growth; legislation granting powers
to local planning authorities to establish Local Development Orders dates from the
Planning and Compulsory Purchase Act 2004. They are a therefore a tool by which
local authorities can seek to promote and facilitate investment and development through
agreeing a simplified planning regime for certain locations / types of development.
North Norfolk District Council believes that for defined business uses, associated with
support for offshore wind energy developments, an LDO is an appropriate mechanism
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by which new investment can be accommodated in the district in an expanding sector of
the national and regional economy. The Council has therefore developed and consulted
upon the Egmere LDO proposal in this context.
4.3
Principle of development in open countryside, conflict with Core Strategy policies
as they relate to development in the Countryside and Landscape Character
Assessment.
4.3.1 The reasons for the Council proposing the establishment of an LDO at Egmere are
clearly outlined in the consultation literature – ie the proposed site is outside of Wells /
the Norfolk Coast Area of Outstanding Natural Beauty (AONB), on the principal access
road to the town; and set against a backdrop of similar development.
4.3.2 The Council therefore believes it has demonstrated why the Egmere location has been
proposed for this development, outside of established Core Strategy policies. Further,
the LDO proposal includes significant areas of structural planting to minimise the impact
of development in the wider landscape.
4.4
Relationship of site to the Norfolk Coast Area of Outstanding Natural Beauty and
protected natural environment sites.
4.4.1 These issues have been considered in proposing the LDO, but based on the
consultation comments received it is suggested that the Council should commission a
Landscape Visual Impact Assessment and a Phase 1 Habitat Survey in order to
demonstrate that the impact of development proposed through the LDO would not have
a significant impact on landscape or habitat grounds. Such issues have recently been
considered in respect of development proposals made on nearby sites (solar pv farm
and anaerobic digestion facilities) which did not identify any significant impacts which
could not be addressed through appropriate mitigation measures.
4.5
Highways issues and traffic speeds along the B1105 road.
4.5.1 In proposing the LDO the District Council undertook prior consultation with the County
Council in its capacity as Highway Authority. These conversations established that the
B1105 road has the capacity to serve the proposed LDO development, subject to
preparation of a detailed Access Strategy. As part of such a Strategy, the County
Council would seek the stopping up of a number of existing site accesses onto the
B1105 road through Egmere / Bunkers Hill.
4.5.2 Discussions have been held with landowners about whether these requests can be
accommodated and a response submitted to the County Council. A response has been
received from the Highway Authority which indicates their agreement in principle to
many of the proposals made to either exclude some sites from the area covered by the
proposed LDO or stopping up a number of existing site accesses, so as to reduce the
incidences of slowing / turning traffic on the B1105 through Egmere or concentrate such
movements to a reduced number of access points. Local partners are considering the
further response from County Highways, particularly regarding the proposed access
arrangements to serve sites at the northern end of the proposed LDO and will seek to
address continued concerns through the Access Strategy.
4.5.3 Further, in proposing the LDO, the District Council suggested that a 40 mph speed limit
be put in place along the length of the B1105 road through Egmere / Bunkers Hill as a
road safety measure. County Highways expressed a view that it would be difficult to
enforce a speed limit at this location, a position which the District Council has
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questioned given the introduction of speed limits on similar, and indeed better, roads
elsewhere in the District. The District Council‘s suggestion that a speed limit be
introduced along the B1105 road through Egmere as part of any Local Development
Order received support from a number of respondents to the consultation process and it
is recommended, if the Council wishes to proceed with wanting to establish an LDO,
that the authority continues to lobby the County Council to support the introduction of a
speed limit at this location.
4.6
Design of buildings.
4.6.1 Concern was expressed by a number of respondents that development taken forward as
part of any LDO would be unco-ordinated and essentially be a ―free-for-all‖.
4.6.2 Any development taken forward under LDO powers will be controlled through
preparation of a detailed Design Guide, taking reference from the high quality operations
and maintenance facilities recently established at Egmere by the SCIRA company,
operators of the Sheringham Shoal offshore wind development.
4.7
Concern about impact of lighting on dark skies.
4.7.1 This issue was raised by a number of people commenting as part of the consultation
process.
4.7.2 This issue could be considered as part of any Landscape Visual Impact Assessment and
controlled through the Design Guide and it is suggested that further consideration be
given to types of lighting etc as part of finalising the Guide.
4.8
Relationship of site to historic / heritage assets.
4.8.1 This issue has been raised by a number of people / organisations commenting as part of
the consultation process – particularly the impact of any development on the setting of
the Grade 1 Listed Holkham Hall and Parkland. Particular concerns were expressed
over the possible height of buildings and telecommunications masts and aerials which
might be permitted through the LDO.
4.8.2 These concerns are acknowledged, and will be considered further as part of the
Landscape Visual Impact Assessment.
Heights of buildings suggested in the
consultation material took reference from existing development at Bunkers Hill and
assessment of long-distance views of the site from the east and some amendment to
building heights is already proposed.
4.9
Concern about designation of LDO creating pressure for further development in
Wells Harbour.
4.9.1 This concern was raised by a number of people objecting to the proposal to establish an
LDO at Egmere.
4.9.2 However, the Wells Harbour Commissioners have publicly stated that they do not
propose any further expansion of the Outer Harbour and, as development within Wells
Harbour is subject to separate control and licensing arrangements, this is not
considered to be a directly relevant consideration in respect of establishing an LDO at
Egmere.
5.0
Issues raised in support of the proposed Local Development Order through the
consultation process
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5.1
13 representations were received during the consultation process from people /
organisations supporting the proposed Local Development Order, 2 with conditions.
5.2
Support for the proposed Local Development Order was received from Fakenham and
Wells-next the-Sea Town Councils, Holkham Parish Council and Walsingham Parish
Council (with conditions); as well as the Holkham and Walsingham Estates, Wells
Harbour Commissioners, the Borough Council of Kings Lynn and West Norfolk (with
conditions), and local businesses operating in the wind energy sector.
5.3
People / organisations supporting the proposed LDO commented positively on the
Council‘s wish to create a simplified planning regime where development associated with
the offshore wind energy developments could be directed supporting a diversification
and strengthening of the local economy and attracting / creating new jobs in the area. A
number of the businesses providing comments suggested that they might be interested
in taking space within any development at Egmere if the Local Development Order was
to be approved.
6.0
Comments received from statutory consultees
6.1
The following comments were received from statutory consultees. Their comments are
included within the numbers of ―comments‖ received during the consultation process, but
due to their formal status in the consideration of planning applications, their position is
outlined below, so that the Council has a full understanding of the comments they have
made.
6.2
English Heritage
6.2.1 English Heritage advised that it did not object to the overarching principle of designating
areas of land for specific development under a LDO, but wished to raise a number of
concerns in relation to development at Egmere.
6.2.2 English Heritage commented that it was important to recognise that there are important
historic environment assets in the vicinity of the LDO including:
the Scheduled Monument of Egmere village, a deserted medieval village which
includes the ruined Grade II* listed church and

the Grade I registered Park and Garden at Holkham Hall estate which is an
important landscape, with specific designed views, avenues and vistas. The park
also includes a number of highly valued listed assets within it, including amongst
others, the Grade I listed Triumphal Arch.
English Heritage stated that it is important to recognise that part of the significance of
these assets is derived from their setting, and in particular from the landscape in which
they are seen and experienced. Any development which impacts upon the setting of the
assets would therefore bring a degree of harm to those assets.
6.2.3 The comments made by English Heritage drew attention to policies in the NPPF which
relate to the historic environment and suggested that any policies developed for the LDO
would need to take into account these policies - in particular the presumption in favour of
sustainable development (paragraph 14) and the core planning principle, which states
the importance of seeking to ‗ conserve heritage assets in a manner appropriate to their
significance, so that that they can be enjoyed for their contribution to the quality of life of
this and future generations‘. Attention was also drawn to NPPF paragraph 132, where
‗great weight‘ is given to the conservation of assets.
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6.2.4 In relation to the proposed LDO at Egmere, English Heritage commented that it was not
in a position at this stage to accept or object to the principle of this proposal, as they
believed there was insufficient information provided in relation to the ―kinds of
development that were being proposed and their likely impacts‖. Concerns were
expressed however that the proposal could have a negative impact upon designated
heritage assets particularly about impacts through height, e.g. masts, chimneys,
turbines, fencing or tall buildings; or from large or massed development that might be
visible from the heritage assets or within direct lines of sight as such development and
any ancillary associated structures such as fencing or masts could cause further harm to
the setting of the assets.
6.2.5 The English Heritage comment therefore suggested that the organisation would
welcome the opportunity to work with the LPA to better understand the nature of the
proposed development and to develop an approach which will ensure there is no harm to
the setting of heritage assets. However, comment was made that the LDO should not be
granted unless a full impact assessment is undertaken. This will be needed to
demonstrate that any proposed development within the area designated under the LDO
will not have a harmful impact upon the setting of heritage assets. Elements of the
proposals for associated infrastructure may also need to be restricted in order to ensure
harm is reduced. The Council will also need to take full account of the principles and
tests established for the historic environment within the NPPF and ensure this is
implemented in the policies for this LDO.
6.2.6 Comment was made that English Heritage would also like to bring to the attention of the
Council the importance of the historic landscape in this part of Norfolk and noted that
there are also a number of important Grade II listed buildings within the vicinity of the
proposal that will need to be considered as well as consideration being given to
undesignated archaeological assets and that the local authority‘s archaeological
advisors are consulted to ensure an appropriate mitigation strategy is developed.
6.2.7 Proposed response to English Heritage comments:- The District Council suggests that
consideration was given to the relationship of any development at Egmere with the
heritage assets of the Egmere ―lost village‖ and the historic Holkham Estate. The ―lost
village‖ is approximately 1,000 metres to the south-west of the proposed LDO, separated
by existing built development and the recently approved proposals for an anaerobic
digestion facility and solar pv farm. It is therefore considered that the impact of any
development permitted under the LDO would have negligible impact upon the ―lost
village‖ of Egmere. Similar assessment was made of the impact of any development
taken forward under any LDO on the Holkham Hall Estate. The registered Park and
Garden are situated some 1800 metres from the northern boundary of the proposed
LDO and any development taken forward under the LDO is considered to have limited
impact upon the heritage asset, particularly when considered against the existing
development of grain storage buildings and feed mill at the Bunkers Hill, Egmere site
and the recently approved anaerobic digestion facility and solar pv farm developments,
the former of which includes a 10 metre high vent stack. However the impact of any
development taken forward under LDO on heritage assets could be considered further
as part of the proposed Landscape Visual Impact Assessment, whereupon consideration
could be given to possible mitigation measures such as location and extent of any
structural planting, amending the boundaries of the LDO etc or indeed the authority
deciding not to pursue the LDO.
6.3
Environment Agency
6.3.1 The Environment Agency commented that in considering the consultation material
prepared for the Local Development Order and the nature of the site at Egmere they
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―currently have no reason to suggest that we would object in principle to development of
the type proposed at this location‖.
6.3.2 However, the Agency commented that they would wish for a number of conditions to be
included within any Order relating to Flood risk and surface water drainage;
Groundwater and land contamination; Land Contamination; Surface water
Infiltration Systems; and Pollution prevention and have very helpfully proposed draft
conditions for inclusion within any Order. It is suggested that these draft conditions be
used as the basis of any conditions relating to these matters within any LDO made by
the Council.
6.4
Natural England
6.4.1 Natural England commented that the Egmere location is located approximately 5km from
the North Norfolk Coast Site of Special Scientific Interest (SSSI), which is part of the
North Norfolk Coast Special Protection Area (SPA). Further comment is made that
European sites (including SPAs) fall within the scope of the Conservation of Habitats
and Species Regulations 2010 and under Regulation 61 of the Regulations an
Appropriate Assessment needs to be undertaken in respect of any plan or project which
is:
(a) likely to have a significant effect on a European site (either alone or in combination
with other plans or projects); and
(b) not directly connected with or necessary to the management of the site
Where a Likely Significant Effect on a European / Internationally designated site is
identified or uncertain, the competent authority (in this case the Local Planning Authority)
may need to prepare an Appropriate Assessment, in addition to consideration of impacts
through the EIA process.
The Natural England comment states that Reg 78 of The Habitats & Species
Regulations 2010 refers to Local Development Orders:
78. A local development order may not grant planning permission for development
which—
(a)is likely to have a significant effect on a European site or a European offshore marine
site (either alone or in combination with other plans or projects); and
(b)is not directly connected with or necessary to the management of the site.
6.4.2 Therefore any LDO which will result in a likely significant effect will not be compliant with
the Habitat Regulations. This requirement is also outlined in Circular 1/06 (Guidance on
changes to the Development Control System):
―LDOs are restricted from permitting development that is likely to have a significant effect
on a European site. This restriction of the power to make an LDO covers potential
development not only on such a European site, but also development in the vicinity that
might affect the site.‖ (Para 18, Circular 1/06).
6.4.3 Natural England therefore states that it is vital to understand how the LDO may affect
European sites before it is progressed further in order to ensure that the LDO only
contains development that is appropriate in the context of the relevant legislation as
development listed in Schedule 1 of the Environmental Impact Assessment Regulations
2011 is not permitted through an LDO and Schedule 2 development can only be
permitted subject to compliance with the EIA regulations.
6.4.4 Natural England advises that the Council should ensure any proposal is compliant with
the requirements of the Habitats Directive and Regulations before adopting an LDO and
would expect that a screening process is carried out if a Local Authority intends to
submit an LDO, in order to accord with the EIA regulations and Habitats Regulations.
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Some LPAs have carried out an ―Integrated Impact Assessment‖ to accompany a draft
LDO using existing evidence covering not only our requirements but those from other
statutory bodies such as the Environment Agency and English Heritage.
6.4.5 Comment is made based on the consultation material prepared that Natural England
believes it unlikely that the development proposed will have an adverse effect on the
special interest features of the North Norfolk Coast SPA, however it is difficult to know
this for certain given the limited information currently available. Natural England has
therefore requested that the council provides sufficient information to demonstrate that
the proposals will not have a significant effect on the European site.
6.4.6 Natural England also makes comments in respect of the local landscape stating that the
proposed LDO is within 300m of the Norfolk Coast Area of Outstanding Natural Beauty
(AONB) and that it believes development at this location is likely to affect landscape
character. Natural England therefore advise that a landscape and visual impact
assessment should be undertaken; which should be based on good practice guidelines
such as those produced jointly by the Landscape Institute/Institute of Environmental
Assessment 2002 (Landscape Institute and Institute of Environmental Management and
Assessment (2002, 2nd edition): Guidelines for Landscape and Visual Impact
Assessment- Guidance for England and Scotland).
6.4.7 Comment is also made by Natural England about Soil and Agricultural Land Quality in
that soil is a finite resource that fulfils many important functions and services (ecosystem
services) for society. It is therefore important that the soil resources are protected and
used sustainably.
Natural England therefore suggests that any environmental
assessment should consider the degree to which soils are going to be disturbed/harmed
as part of this development and whether high grade agricultural land is involved,
possibly involving an assessment of agricultural land classification and a soil survey of
the land. Any assessment should provide details of how any adverse impacts on soils
can be minimised. Further guidance is contained in the Defra Construction Code of
Practice for the Sustainable Use of Soil on Development Sites.
6.4.8
Natural England also advise that the proposed LDO should also consider possible
impacts on Protected Species through having regard to the requirements of the Habitats
Directive (Regulation 9(5) of the Habitats Regulations). In order to comply with this duty
the LPA can only grant planning permission for development that would affect a
European Protected Species on the basis that:

The proposed development is in accordance with Article 12(1) of the Habitats
Directive, which relates to the protection of species.

The proposal would be likely to receive a Protected Species license from
Natural England, if required.
If the site of the proposed LDO contains habitats that suggests protected species may
be present or there is existing information that suggests particular protected species may
be present on site; then Natural England recommends that further survey work should
be undertaken, before formal adoption of the LDO, with respect to the protected species
identified. This would ensure that appropriate mitigation can be incorporated into the
LDO and where necessary conditions can be applied to ensure no detrimental harm to
protected species.
6.4.9
Natural England have also stated that the proposed LDO might provide opportunities to
incorporate features into the design which are beneficial to wildlife, such as the
incorporation of roosting opportunities for bats or the installation of bird nest boxes,
having regard to Section 40 of the Natural Environment and Rural Communities Act
(2006) which states that 'Every public authority must, in exercising its functions, have
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regard, so far as is consistent with the proper exercise of those functions, to the purpose
of conserving biodiversity'. Section 40(3) of the same Act also states that 'conserving
biodiversity includes, in relation to a living organism or type of habitat, restoring or
enhancing a population or habitat'.
6.4.10 The District Council understands the comments and issues raised by Natural England
and comments that it has given initial consideration to the impact of any development
under the LDO on wildlife and biodiversity issues through reference to statements
contained in the adopted Landscape Character Assessment which states that ―the
ecological value of the area is fairly low but has the capacity to be greatly enhanced by
improvements which would have a connective effect with neighbouring areas of higher
ecological value (through new planting)‖. Reference was also made to the contents of
the supporting information provided in support of the recently approved anaerobic
digestion and solar pv farm facilities on nearby sites. However, in light of Natural
England‘s comments and other comments received through the consultation process it is
proposed that the Council should commission at Phase 1 Habitat Survey and Landscape
Visual Impact Assessment in the further consideration of the landscape and wildlife
impact of the proposed LDO.
6.5
Norfolk Coast Project
6.5.1 The Norfolk Coast Partnership Project Manager has questioned whether the principle of
an LDO is appropriate in a rural location and suggests that the consultation material has
not adequately explained why the Egmere location was chosen. The District Council
believes that the reasons for identifying Egmere for the proposed LDO was outlined in
the consultation leaflet and public exhibition material and has sought to strike an
appropriate balance between seeking to meet the needs of offshore wind energy
companies seeking access to their developments off the North Norfolk coast through the
facilities at the Port of Wells and the sensitive environment of the Norfolk Coast AONB.
6.5.2 However, notwithstanding the reservations of further accommodating employment
related development at Egmere, 350 metres south of the nearest point from the AONB
boundary; the Norfolk Coast Partnership Project Manager has commented that ―having
visited the surrounding area for the purpose of assessing potential visual impacts from
the Norfolk Coast AONB, I do not consider that these impacts would necessarily be
significant.‖ The AONB Project Manager goes on to state that ―There might be some
visibility of new buildings from the B1105 and the minor road running east off this (via
Crabb Castle Farm) which demarks the AONB boundary and from the track E of Gallow
Hill to the north, at least initially, but I consider that this would be of minor significance
and mitigated further in time by the proposed planting, and which would also help to
screen the tall existing buildings to the west of the B1105. Visibility from public highways
and paths further to the north east appears to be limited and distant.‖ He then goes on
to state that conditions could be applied to any LDO which ―would help to mitigate the
visual impact of the proposed development through including a suitable mix of locally
appropriate species for planting schemes, to maximise its screening ability at all
seasons, limiting the number and aggregation of taller structures such as masts, and
strict conditions on lighting to avoid light spillage and use for longer than necessary.
6.5.3 The comments of the Norfolk Coast Partnership Project Manager are appreciated and
the District Council believes that the LDO could be delivered largely as proposed,
supported with structural planting and appropriate conditions etc without having
significant impact on the AONB.
6.6
Norfolk Historic Environment Team
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6.6.1 Comments received from the Norfolk Historic Environment Team relate to the previous
use of large areas of the proposed LDO as the technical area of the Second World War
RAF North Creake airfield.
6.6.2
Comment is therefore made that any new buildings developed in the areas of
―brownfield‖ land should respect the former airfield layout and existing airfield buildings.
A request is also made that the site should be recorded in its current state as a baseline,
with existing military buildings be retained where possible, and recorded prior their
demolition, if retention is not possible. The recording of the site in its current state should
be carried out by an individual or organisation with specialist expertise in the recording
and interpretation of military aviation heritage.
6.6.3
The District Council has considered the comments of the Norfolk Historic Environment
Team and has proposed a number of amendments to the LDO boundaries which will
seek to afford some protection to remaining airfield buildings. The Council would also
propose either discussing the requirement for a photographic record to be made of the
site with the existing landowners and/or attaching conditions for such a record to be
made in respect of specific sites / buildings before any new development takes place.
6.7
Norfolk County Council (Highways)
6.7.1 The comments of the Highway Authority and a proposed response from the District
Council are detailed at section 4.5 above; with the issues raised to be formally
addressed through the preparation of an Access Strategy in support of the LDO.
7.0
Human Rights Implications
7.1
It is considered that the proposed designation of a Local Development Order at Egmere
might raise issues relevant to Article 8 of the Human Rights Act – The Right to respect
for private and family life and Article 1 of the First Protocol – the Right to peaceful
enjoyment of possessions.
7.2
Having considered the likely impact on an individual‘s human Rights, and the wider
interests of the general public, it is not believed that agreement to designate a Local
Development Order at Egmere for the purposes proposed would be without justification,
disproportionate or in contravention of planning laws. Where concerns have been raised
by local residents and residential property owners, particularly the occupants of
residential properties at Bunkers Hill, attempts have been made to amend the LDO
proposals, as outlined below, so as to minimise the impact upon residential amenity.
8.0
Proposed changes to the LDO following the consultation process:-
8.1
On the basis of the consultation comments received to date, it is proposed that a number
of changes are made to the draft Local Development Order, as follows and shown on the
attached plan:
Omit the North Creake Business Park site to the south of the Bunkers Hill
residential properties from the area covered by any LDO – concerns were
expressed by the Highway Authority about access into this site were it to be
included within the LDO, in that the current access is sub-standard and therefore
the Highway Authority would wish to retain the ability to comment on any proposals
for the re-use / redevelopment of this site. Taken together with the concerns of the
owners / occupiers of the Bunkers Hill residential properties that they would wish to
retain the opportunity to comment formally on any proposals developed on this
site, it is suggested that this land be excluded from the LDO and the boundary of
the LDO at this location be re-drawn to the north of the residential area.
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Full Council
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
Immediately to the east of the B1105, opposite the Bunkers Hill residential
properties, there is a former wooded ―sandhole‖ or pit which has limited
development potential and is quite well wooded. Propose including this area within
the LDO area but change the status of this area to strategic planting in support of
the LDO – ie dark green as per other areas of structural planting.

Extend the area of woodland planting to the east of the B1105 to the south of the
existing LDO boundary so as to join up two small areas of woodland. This would
involve the Walsingham Estate planting an area of currently fallow land given the
restricted area for agricultural machinery. This has been proposed in lieu of the
proposed planting of a triangular area of planting further east.

Propose retaining the former airfield buildings (largely nissen huts) owned by the
Walsingham Estate to the south of the Edgar Road junction within the LDO area,
with suggestion that comment is made that these will be retained / improved for
business use rather than being the subject of demolition. This will address the
concerns of some local residents and the County Historic Buildings Team that
elements of airfield heritage associated with parts of the site might be lost as a
result of the LDO proposals.

Undertake a review of the proposed building heights within the LDO as outlined in
the consultation leaflet so as to reduce the visual impact of the development from
long-distance views.

Draw the boundary of the LDO to the south of the SCIRA building inwards in
response to the request from the Walsingham Estate that a triangle of new
woodland be created to the south-east of the LDO which was felt to add little in
terms of screening being in a dip in the land, but would have seen more land taken
out of agricultural use.

Narrow the area of structural planting along the eastern edge of the Walsingham
Estate land north of Edgar Road but create woodland belt along the whole of the
boundary rather than leaving a gap as proposed within the consultation leaflet.
8.2
In order to address some concerns expressed during the consultation process regarding
the extent to which any development taken forward under the LDO would have a
landscape impact, an impact on heritage assets and wildlife / habitats, it is
recommended that the Council should commission a Stage 1 Habitat report and
Landscape Visual Impact Assessment, so as to strengthen the evidence base in support
of the proposed LDO. Such studies are estimated to cost up to £20,000 and it is
recommended that budgetary provision is made to commission such studies from the
General Reserve. Cabinet authority is therefore sought for this budget allocation to be
made, so that these technical reports can be commissioned.
9.0
Financial Implications and Risks
9.1
Some of the responses received from the public consultation process have raised issues
regarding the proposed designation of an LDO at Egmere. It is believed that the majority
of the issues raised have been previously considered by the Council in proposing the
Egmere location for the LDO – ie the location of the proposed LDO, its relationship with
the Norfolk Coast AONB, highway access issues, design issues etc and that the position
of the Council with respect to these matters is reasonable and measured. However,
some concerns have been raised in respect of the impact of development upon the
landscape, heritage assets and wildlife / habitats and it is proposed that studies are
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13th May 2013
Full Council
TBC
commissioned by the Council in respect of these matters in order that the Council is able
to demonstrate that the proposed LDO does not cause significant harm in respect of
these matters as required by legislation particularly in respect of Appropriate
Assessment / Environmental Impact Assessment. The costs of these reports is detailed
at paragraph 8.2 above.
9.2
The growth and development of the renewable energy sector and the potential
opportunities this offers to the district‘s economy in terms of new investment, skilled
employment opportunities at rates of pay above those currently on offer locally, and
contract / supply chain opportunities for existing businesses, are considered to be
significant. The expanding wind energy developments off the North Norfolk coast are
being developed in response to national policy and the District Council wishes to ensure
that local residents and businesses are able to derive benefit from this emerging sector
of the national economy. The actions proposed in this report therefore seek to position
the Council positively in terms of the district being able to realise the benefits of this
emerging economic sector for many years to come. In this respect it is considered that
there are few if any risks, but many potential benefits, from the actions proposed in this
report in terms of bringing quality jobs and investment to North Norfolk.
9.3
If a decision is taken to take forward the LDO proposal, some infrastructure works might
be required to open up individual sites eg – highway access, utility provision etc. Such
costs should generally be met by the landowners / investors, but it might be that the
Council wishes to consider whether any investment required to bring the land forward for
development under an LDO could be met by the Council either through seeking to
secure sources of grant funding or taking some form of equity stake in any development
through contributing towards any site servicing costs. Any such model can be explored
if Cabinet so wishes.
10.0
Sustainability
10.1
At a strategic level the growth of renewable energy technologies is seen as a
fundamental component of the UK energy supply mix moving forward. In this respect
the actions proposed in this report seek to place the North Norfolk District in a strong
position to benefit from the growth of this sector both within and off the coast of North
Norfolk into the future.
11.0
Equality and Diversity
11.1
This report does not raise any equality and diversity issues, but does seek to secure new
business and employment opportunities for local people in a sector where skilled
positions will offer rates of pay above the district average.
12.0
Section 17 Crime and Disorder considerations
12.1
This report does not raise any issues relating to Crime and Disorder.