Development Committee Please contact: Linda Yarham Please email: linda.yarham@north-norfolk.gov.uk Please Direct Dial on: 01263 516019 2 March 2016 A meeting of the Development Committee will be held in the Council Chamber at the Council Offices, Holt Road, Cromer on Thursday 10 March 2016 at 9.30am. Coffee will be available for Members at 9.00am and 11.00am when there will be a short break in the meeting. A break of at least 30 minutes will be taken at 1.00pm if the meeting is still in session. Any site inspections will take place on Thursday 31 March 2016. Members of the public who wish to speak on applications are requested to arrive at least 15 minutes before the start of the meeting. It will not be possible to accommodate requests after that time. This is to allow time for the Committee Chair to rearrange the order of items on the agenda for the convenience of members of the public. For information on the procedure please read the Council’s leaflet ‘Have Your Say on Planning Applications’ available from the Planning Reception, on the Council’s website www.north-norfolk.org or by telephoning 01263 516159/516154. Anyone attending this meeting may take photographs, film or audio-record the proceedings and report on the meeting. Anyone wishing to do so must inform the Chairman. If you are a member of the public and you wish to speak, please be aware that you may be filmed or photographed. Sheila Oxtoby Chief Executive To: Mrs S Butikofer, Mrs A Claussen-Reynolds, Mr N Coppack, Mrs P Grove-Jones, Mr S Hester, Mr P High, Mr N Pearce, Mr R Reynolds, Mr P Rice, Mr S Shaw, Mr R Shepherd, Mr B Smith, Mr N Smith, Mrs V Uprichard Substitutes:, Mrs A Green, Mrs B McGoun, Mr P Moore, Ms M Prior, Mr E Seward, Mrs L Walker All other Members of the Council for information. Members of the Management Team, appropriate Officers, Press and Public If you have any special requirements in order to attend this meeting, please let us know in advance If you would like any document in large print, audio, Braille, alternative format or in a different language please contact us Chief Executive: Sheila Oxtoby Corporate Directors: Nick Baker and Steve Blatch Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005 Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org AGENDA PLEASE NOTE: THE ORDER OF BUSINESS MAY BE CHANGED AT THE DISCRETION OF THE CHAIRMAN PUBLIC BUSINESS 1. CHAIRMAN’S INTRODUCTIONS 2. TO RECEIVE APOLOGIES FOR ABSENCE AND DETAILS OF ANY SUBSTITUTE MEMBER(S) 3. MINUTES To approve as a correct record the Minutes of a meeting of the Committee held on 11 February 2016. 4. 5. 6. ITEMS OF URGENT BUSINESS (to be taken under items 8 or 10 below) (a) To determine any other items of business which the Chairman decides should be considered as a matter of urgency pursuant to Section 100B(4)(b) of the Local Government Act 1972. (b) To consider any objections received to applications which the Head of Planning was authorised to determine at a previous meeting. ORDER OF BUSINESS (a) To consider any requests to defer determination of an application included in this agenda, so as to save any unnecessary waiting by members of the public attending for such applications. (b) To determine the order of business for the meeting. DECLARATIONS OF INTEREST Members are asked at this stage to declare any interests that they may have in any of the following items on the agenda. The Code of Conduct for Members requires that declarations include the nature of the interest and whether it is a disclosable pecuniary interest. 7. OFFICERS’ REPORT ITEMS FOR DECISION PLANNING APPLICATIONS (1) CROMER - PF/15/1365 - Refurbishment of various elements of the Cromer West Promenade, including the Art Deco Cafe, the Anglian Water pumping station and the adjacent Edwardian Chalets.; Sites on West Promenade, Cromer, NR27 9HE for North Norfolk District Council Page 5 (2) NORTH WALSHAM - PF/15/1010 - Hybrid Proposal- Full planning permission for erection of 100 dwellings and outline planning permission for 0.89 ha of commercial space; Land to the East of Norwich Road, North Walsham for Peter Foster Tofts, Annette Patricia Tofts & James Nicholls, Persimmon Page 9 (3) PASTON - PF/15/1198 - Demolition of accommodation Block B, swimming pool and laundry. Use of land to station 21 holiday lodges, reception building, wardens accommodation together with realignment of internal roads and associated landscaping.; Mundesley Holiday Centre, Paston Road, Mundesley for Mundesley Holiday Village Ltd Page 18 (4) RUNTON - PF/15/1373 - Extensions to annexe; 2 Garden Cottages, Felbrigg Road, East Runton for Mr and Mrs Huish Page 30 (5) SHERINGHAM - PF/15/1767 - Erection of two-storey extension to side and first floor extension to rear of dwelling; 14 Hadley Road for Mr & Mrs Fish Page 34 (6) STALHAM - PF/15/1857 - Erection of 2 bungalows and associated works (Revised Scheme 15/1370 refers).; Land adjacent to Holly Grove, Yarmouth Road for East Anglian Property Limited Page 38 (7) WELLS-NEXT-THE-SEA - PF/15/1761 - Erection of single-storey rear extension; Seal Cottage, 55 High Street for Mr J Rhodes Page 43 (8) PLANNING APPEAL DECISIONS Page 47 (Appendix 1 – page 59; Appendix 2 – page 61; Appendix 3 – page 62; Appendix 4 – page 63; Appendix 5 – page 64; Appendix 6 – page 65; Appendix 7 – page 67; Appendix 8 – page 68; Appendix 9 – page 69; Appendix 10 – page 70; Appendix 11 – page 71) (9) APPLICATIONS APPROVED UNDER DELEGATED POWERS Page 48 (10) APPLICATIONS REFUSED UNDER DELEGATED POWERS Page 57 (11) NEW APPEALS Page 57 (12) INQUIRIES AND HEARINGS - PROGRESS Page 57 (13) WRITTEN REPRESENTATIONS APPEALS - IN HAND Page 57 (14) COURT CASES – PROGRESS AND RESULTS Page 58 8. ANY OTHER URGENT BUSINESS AT THE DISCRETION OF THE CHAIRMAN AND AS PREVIOUSLY DETERMINED UNDER ITEM 4 ABOVE 9. EXCLUSION OF PRESS AND PUBLIC To pass the following resolution, if necessary:“That under Section 100A(4) of the Local Government Act 1972 the press and public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in Part I of Schedule 12A (as amended) to the Act.” PRIVATE BUSINESS 10. ANY OTHER URGENT EXEMPT BUSINESS AT THE DISCRETION OF THE CHAIRMAN AND AS PREVIOUSLY DETERMINED UNDER ITEM 4 ABOVE 11. TO CONSIDER ANY EXEMPT MATTERS ARISING FROM CONSIDERATION OF THE PUBLIC BUSINESS OF THE AGENDA OFFICERS' REPORTS TO DEVELOPMENT COMMITTEE 10 MARCH 2016 Each report for decision on this Agenda shows the Officer responsible, the recommendation of the Head of Planning and in the case of private business the paragraph(s) of Schedule 12A to the Local Government Act 1972 under which it is considered exempt. None of the reports have financial, legal or policy implications save where indicated. PUBLIC BUSINESS - ITEM FOR DECISION PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. (1) CROMER - PF/15/1365 - Refurbishment of various elements of the Cromer West Promenade, including the Art Deco Cafe, the Anglian Water pumping station and the adjacent Edwardian Chalets.; Sites on West Promenade, Cromer, NR27 9HE for North Norfolk District Council Minor Development - Target Date: 09 February 2016 Case Officer: Mr D Watson Full Planning Permission CONSTRAINTS East end of the site (Melbourne Slope) is within the designated town centre area of Cromer. Site is within the Cromer Conservation Area. Edwardian chalet building is listed (grade II). The nearby pier, its forecourt and lower promenade running off it are also listed. Beach and the cliff to the west of the site is a County Wildlife site. RELEVANT PLANNING HISTORY None directly relevant. THE APPLICATION The application relates to a phased series of enhancement and improvement works to the West Promenade on a number of sites along it between the Melbourne Slope that runs off the end of New Street and the two storey Art Deco chalet/cafe/toilet building and the zig-zag path to the top of the slope to the west. There are elements of the scheme that do not require planning permission or would fall within the permitted development rights granted for local authorities. Of the elements that require permission these include: The Melbourne Slope - three small single storey buildings each about 3m deep and 6m wide to provide four retail units/kiosks and an exhibition unit. Each building would be clad in coloured panels. The buildings would be constructed off site and delivered ready for connection to services. The buildings would sit on a new platform incorporating the existing concrete pads/terraces at the bottom of the slope where possible. The proposals also include new external stairs and railings up to Development Committee 5 10 March 2016 the terrace from the west with level access provided from the higher part of the Melbourne Slope. This area is currently occupied by a number of small buildings including the former Beach Inspector's cabin that sit on a concrete terraces at the bottom of the cliff and above the level of the roadway; The Edwardian Chalet building - this would be refurbished. It is proposed to improve access to it with a ramp to the front as currently there is a step about 200mm high up from the prom. Details of the ramp are currently only shown indicatively. The Anglian Water building - play area to its west side to include a large boat play structure with the area delineated by seating formed from reclaimed groynes. A smaller piece of play equipment would be located on the semi-circular projecting section of the prom to the north The area between the AW building and Art Deco cafe - a single storey building about 13m wide and 3.5m deep to provide a toilet block with WCs (including a disabled WC), showers and a baby changing room. This would be clad in horizontal boarding with upstanding translucent roof lights. The building would be pre-fabricated off site. To the east of it a smaller building of the same style is proposed to provide a kiosk with servery windows and a public locker room that, as amended, would be accessed through the kiosk rather than externally. The buildings would sit at the bottom of the cliff. Beach chalets are sited along this section of the prom. Some were swept away during the last tidal surge and it is not currently proposed to replace them The two storey Art Deco chalet/cafe/toilet building and the zig-zag path to the top of the cliff - the building would be refurbished with chalets retained on the first floor and part of the ground floor as existing. The area of the ground floor cafe would be increased to include a new kitchen and storage area. The toilets would be relocated on the ground floor and the number would be reduced. This would all be within the existing footprint of the building. The existing steps would be removed and a terrace formed to the front of the building to provide a new outdoor seating area. New steps would be formed to the front of the terrace with a new ramp up to the terrace from the east side. New hand and guard rails would be provided, and seating areas would be constructed on part of the steps. There would be an area for the relocation of 12 beach huts to the west of the building. Blocked up openings in the shelters on the zig-zag path along the cliff would be reinstated and new seating installed. The proposals also include the relocation of some parking bays; enhancement of planting along the bottom section of the cliff; surface lighting to the zig-zag path; a small picnic area adjacent to the top of the cliff between the end of the zig-zag path and the long-stay car park, with picnic tables and seating and pieces of play equipment REASONS FOR REFERRAL TO COMMITTEE Because the application is for development by North Norfolk District Council and, in accordance with the scheme of delegation, such proposals must be determined by the Development Committee. PARISH/TOWN COUNCIL Cromer Town Council: support, but had concerns regarding the materials for the Art Deco cafe which should be kept to that style. Development Committee 6 10 March 2016 REPRESENTATIONS Two letters of comment and one objection received. Comments - no detail of what is proposed for the Edwardian chalets; the scheme looks very acceptable but there does not appear to be any hide-away provision for rubbish from the Art Deco cafe. Objection - the Art Deco building only requires a good refit as do the shelters on the zig-zag slope. To move the toilets from where they are now will put them at risk of flooding and the cliffs above the proposed location are showing signs of cracking at the top; disabled access to the cafe and toilets only requires a ramp; the beach huts that were washed away should be replaced with private wooden huts which could be removed in winter at no cost to tax payers. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design): no objection, final details of materials can be subject of conditions. Environmental Health: no comments received. Norfolk Constabulary (Crime Prevention Design Advisor): is happy with the majority of the proposed works but objects on the ground that the public locker room within the kiosk building has unrestricted access to any member of the public which would be an opportunity for crime. Norfolk County Council (Historic Environment Service): consider that a Heritage Statement is needed because the Design & Access Statement does not give a complete assessment of the possible impact of the development on the historic environment including buried heritage assets. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. The issue raised by Norfolk Constabulary has been addressed as the locker room would be accessed via the kiosk not through a separate, unsupervised external door. POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS 7: Cromer (identifies strategic development requirements). Policy EN 2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EC 5: Location of retail and commercial leisure development (specifies appropriate location according to size). Development Committee 7 10 March 2016 Policy EC 7: The location of new tourism development (provides a sequential approach for new tourist accommodation and attractions). Cromer Conservation Area Character Appraisal (adopted November 2012) The site is within an area identified as to be enhanced. It is seen as a major asset within the town and is a heavily visited area whose appearance is paramount to the overall image of Cromer. The seafront is noted as having a more 'recreational character' from the pier westwards. MAIN ISSUES FOR CONSIDERATION The principle of the development; The effect of the proposed development on the significance of heritage assets and the character and appearance of the area. APPRAISAL Principle The proposed developments are part of a wider scheme of improvement for the West Promenade. Areas of it and the buildings, are looking tired in appearance. Policy SS 7 refers to the fact that the quality and appearance of the public realm, which includes the Promenade, are crucial to the town's attractiveness to residents and visitors. The proposals are in accordance with the policy and Conservation Area Character Appraisal in this respect. It is reasonable to consider the Promenade and facilities within it as tourist attractions and as Cromer is a Principal Settlement, where such facilities should be located, the proposals comply with policy EC 7. With regard to the retail units/kiosk, those proposed on the Melbourne Slope are within the designated town centre area and as such there is no conflict with policy EC 5. The other kiosk and slight increase in the size of the cafe, would result in an extremely small increase in retail/commercial floors space which would have no impact on the town centre. They would also improve the facilities available for tourists and users of the beach. Design and conservation area The proposed buildings are acceptable in terms of their scale and design for this location. The bright colours proposed to be used for the external cladding of the retail units are appropriate in a seaside location in the context of the brightly coloured beach huts and doors to the chalet buildings. The installation of play equipment would complement the recreational character of the sea front. Improvements to the appearance of the existing buildings would enhance the character and appearance of the conservation area. The proposals are therefore considered to be acceptable in terms of policies EN 4 and EN 8. With regard to the comments from the County Council's Historic Environment Service, the proposals are unlikely to involve significant breaking of ground and as such it is considered that any risk to buried heritage assets can be deal with though a condition requiring a programme of archaeological work. Other considerations The improvements to the Art Deco cafe and Edwardian chalets would improve access to the facilities for disabled/less mobile people and for people with young children. Development Committee 8 10 March 2016 The proposal raises no issues in terms of highway safety, parking or the amenities of the occupiers of the nearest buildings which are some distance away. Conclusion The proposals would enhance the appearance of the promenade and deliver improved families for both visitors to and residents of, the town. RECOMMENDATION: Approve subject to conditions relating to: Approved plans and details External materials and colours Railing/balustrade design Details of proposed play equipment and any above ground art installations Details of the proposed ramp to the Edwardian chalet building Archaeology Final details of the conditions to be delegated to the Head of Planning (2) NORTH WALSHAM - PF/15/1010 - Hybrid Proposal- Full planning permission for erection of 100 dwellings and outline planning permission for 0.89 ha of commercial space; Land to the East of Norwich Road, North Walsham for Peter Foster Tofts, Annette Patricia Tofts & James Nicholls, Persimmon Major Development - Target Date: 20 October 2015 Case Officer: Mr J Williams Full Planning Permission CONSTRAINTS B Road Mixed Use Allocation Controlled Water Risk - High (Ground Water Pollution) RELEVANT PLANNING HISTORY PF/14/1367 PF Erection of 132 dwellings, creation of new accesses, provision of open spaces and landscaping Withdrawn by Applicant 18/02/2015 PF/13/0866 Erection of 176 dwellings with access, open space and associated works and formation of station car park and outline application for employment development Approved 20/08/2014 THE APPLICATION This is a 'hybrid' planning application, partly including full details and partly seeking outline consent only. The full details comprise proposals for road access serving the whole of the site, 100 dwellings and areas of open space. The outline element seeks approval in principle for employment related development. The application (which has been the subject of amended plans) comprises the following Development Committee 9 10 March 2016 principal details: A single main spine road serving the site which would run from a mid-point along the frontage with Norwich Road (B1150) to the site's eastern boundary. Two secondary estate roads to the site's eastern and southern boundaries would serve the majority of the residential area, together with a series of private drives. Two private drives linking to 11 dwellings would be served directly off Norwich Road. 100 dwellings, mostly two storey (but with a few single and two and half storey), comprising a mix of short terraces, semi-detached and detached properties. Four areas of public open space. One to the south-western corner of the site adjacent to Norwich Road, two within the development and one in the north-eastern corner. The proposed employment land covers a northern portion of the site and would border both Norwich Road and the proposed spine road. Accompanying the planning application is an application under the Council's Housing Incentive Scheme to reduce the amount of affordable housing to 20% (20 units) together with a relaxation of renewable energy requirements. The application is accompanied by Heads of Terms for a S.106 Planning Obligation which provides for the following: Education contribution Library contribution Highway works Travel bond Fire hydrants Healthcare contribution Affordable housing Visitor pressure / green infrastructure Public open space Play provision contribution Submitted with the application are the following documents: Design and Access Statement Planning Statement Statement of Community Involvement Transport Assessment Affordable Housing Statement Flood Risk Assessment Ecology Survey Landscape Character Assessment Minerals Safeguarding Assessment REASONS FOR REFERRAL TO COMMITTEE The application was deferred at a previous meeting of the Committee. TOWN COUNCIL Initial response raised concerns regarding S.106 contributions towards education and local healthcare, highway safety, information regarding affordable housing, surface water drainage and the proposed commercial area. In response to the amended plans, re-iterates concerns about traffic speeds along Norwich Road particularly with three proposed access points from the site with no visible traffic management solutions with no provision for flared exits, zebra crossing Development Committee 10 10 March 2016 and other safety measures. In the light of NCC possible intention of turning street lights off along this stretch of Norwich Road exacerbates these concerns. REPRESENTATIONS Three letters of representation initially received. Two objecting on grounds of loss of green field land together with concerns over the lack of detail regarding the type of employment uses proposed (potential for noise / traffic) and highway safety (suggest a roundabout would be more suitable). The other raising similar concerns about highway safety and the lack of measures to slow traffic speeds at this entrance point into North Walsham. Four further letters of objection received in response to the amended plans in relation to highway safety, traffic speeds and specifically the position of the main access onto Norwich Road. Suggestions made for a mini-roundabout and that the access is relocated further south. Concern also expressed regarding the proposed position of a bus stop, the nature of uses on the proposed employment land and the impact upon local services and their capacity to cope with this increased housing development. CONSULTATIONS Anglian Water - Confirms that there is currently sufficient capacity at North Walsham waste water treatment works and the local sewerage network to accommodate the proposed development. County Council (Planning Obligations Co-Ordinator) - Requires the following financial contributions to be secured via a section 106 agreement: Education - improvements to North Walsham Infant and Junior Schools and Millfield Primary School (total £279,456) Fire hydrants x4 (£812 each) Library provision (£6000). Green Infrastructure - improvements to for the Weavers Way Trail and North Walsham Circular Walks (£26,620) County Council (Highways) - Confirms that the latest amended plans have satisfactorily dealt with the issues previously raised. Subject to the imposition of suitable conditions / planning obligations confirms that no highway related objection is raised to the application. County Council (Minerals and Waste) - No objection subject to a condition requiring that prior to the commencement of development site investigations are undertaken as referred to in the submitted Minerals Safeguarding Assessment in order to establish the extent to which on-site minerals (sand and gravel) could be extracted for use as part of the development. Environment Agency - No objection subject to conditions in relation to land contamination and drainage. Conservation and Design Officer - Comments reported to the February meeting in relation to an initial set of amended plans were as follows: Considered that in terms of layout the (amended) plan "potentially offers a clear template around which to assemble the building blocks three-dimensionally". Concluded however that this is where the scheme "continues to struggle. Despite the attempts made to enliven the development and tailor it to the locality, the overall impression is still of a relatively homogenous development which features standard Development Committee 11 10 March 2016 house types that have been deployed universally across the whole site. This is in part due to the regimented siting which still underpins much of the layout. However, it is mainly attributable to the comparatively consistent approach to density, built form/height and elevational treatment. Together these make it very difficult for the scheme to offer the kind of layering and depth which promotes genuine visual interest." "Within this, it is acknowledged that the areas of open space should provide important reference points and relief within the scheme. It is also accepted that the limited size of the site does to some extent restrict the opportunities for creating distinct character areas. Despite this mitigation, however, the approach adopted remains unduly one-dimensional and is heavily dependent upon the quality of the architecture to prevent it being viewed as just another suburban estate." "In this regard, it is noted that the applicants say they have taken inspiration from local buildings and have adapted their elevations accordingly. In practice, however, the revisions made are relatively minor and simply involve re-dressing their standard house types. Therefore, whilst we would certainly not wish to be critical about the principle of emphasizing the focal plots and introducing additional detailing, the majority of the changes are in reality modest variations on a theme which could be applied to almost any context." "In terms of the elevations themselves, the vast majority are laid out and arranged in a fairly predictable and inoffensive way. At the same time, however, they offer precious little by way of originality or innovation to suggest that the scheme might actually raise architectural standards within the area." Concluded that whilst some of the changes introduced in the amended plans "have undoubtedly been to the overall benefit of the scheme, they have only really nibbled at the edges of what would largely be a disappointing development three-dimensionally. Given the site’s prominent gateway location at one of the main entrances into the town, it is respectfully suggested that rather more should be sought. At the same time, however, it is recognized that the scheme would make a significant contribution to housing provision within the District. This is also clearly an important consideration which must be weighed against the parallel quest for design quality." Comments on any further amended plans will be reported at the committee meeting. Landscape Officer Confirms that the amended landscaping masterplan addresses for the most part previous issues raised. The finer details can be addressed by planning conditions. Environmental Health - No comments received. Strategic Housing - Advises that there is a need for affordable housing in North Walsham with 118 households on the Housing Register, 131 households on the Transfer Register and 625 households on the Housing Options Register who have stated that they require housing in the town. Confirms that the proposed development (as amended) comprises an acceptable mix of dwellings which would meet both the required 45% provision as required by Core Strategy Policy HO2 or a reduced 20% provision under the Council's Housing Incentive Scheme. In addition the proposed tenure mix of rented (80%) and intermediate (20%) complies with Policy HO2. Supports the application, subject to the completion of a S.106 Planning Obligation to secure the provision and phasing of the affordable housing Development Committee 12 10 March 2016 Countryside and Parks Manager - Comments that whilst the application generates a need for play provision, given that the location of open space anticipates these areas will one day be extended, it may not be appropriate to provide children’s play equipment at this stage, because it may be better located at a future time. Suggests therefore that a contribution of £60,000 be sought in lieu of future play provision. Norfolk Police (Architectural Liaison) - Generally content with the proposed layout and the crime prevention measures to enhance the security of the site (i.e gated rear access alleyways, curtilage parking and natural surveillance over areas of open space), apart from one plot (plot 55) where a change to the parking arrangements is recommended. NHS England - Advises that the proposed development is likely to have an impact on the services of 2 local GP practices which do not have capacity for the additional growth resulting from this development. Requests a financial contribution of £30,170 which would form a proportion of the required funding for the provision of increased capacity within the existing healthcare premises servicing the residents of this development. Natural England - Satisfied that the proposed development will not have an adverse impact upon the nearby Westwick Lakes and Bryants Heath sites of Special Scientific Interest. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Site Specific Allocations Development Plan Document (DPD) (Adopted February 2011) Policy NW01 Land at Norwich Road / Nursery Drive: Land amounting to approximately 24.5 hectares is allocated for a mixed use development of approximately 400 dwellings, 5 hectares of serviced employment premises, 4 hectares of Public Open Space and provision of car parking for the railway station. Development will be subject to compliance with adopted Core Strategy policies including on-site provision of the required proportion of affordable housing (currently 45%) and contributions towards infrastructure, services, and other community needs as required and: a. The prior approval of a development brief to address access, movement, mix of uses, layout, built form, density of development, landscaping, phasing and conceptual appearance; b. phased provision of buildings for employment uses (Class B1, B2 and B8 ), the size, nature, amount and location of the units to be specified in the brief; c. provision of two points of vehicle access to Norwich Road; d. provision of improved pedestrian links to the railway station, town centre and local schools; Development Committee 13 10 March 2016 e. investigation and remediation of any land contamination; f. development layout that complies with PADHI methodology; g. measures to prevent the input of hazardous substances to groundwater; h. archaeological investigation if required; i. demonstration that there is adequate capacity in electricity provision, sewage treatment works and the foul sewerage network, and that proposals have regard to water quality standards; and, j. prior approval of a scheme of mitigation to minimise potential impacts on the Broads SAC / Broadland SAC / Ramsar site arising as a result of increased visitor pressure, and on-going monitoring of such measures. Retail development, other than that serving the needs of the proposed development, will not be permitted. North Norfolk Core Strategy (Adopted September 2008): Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy SS3: Housing (strategic approach to housing issues). Policy SS6: Access and Infrastructure (strategic approach to access and infrastructure issues). Policy SS 10: North Walsham (identifies strategic development requirements). Policy HO1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). Policy HO2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). Policy HO 7: Making the most efficient use of land (Housing density) (Proposals should optimise housing density in a manner which protects or enhances the character of the area). Policy EN2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy EN4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy EN9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). Policy EN10: Flood risk (prevents inappropriate development in flood risk areas). Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). Policy CT2: Development contributions (specifies criteria for requiring developer contributions). Policy CT5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). Norfolk Minerals and Waste Core Strategy and Development Management Policies DPD (adopted September 2011): Policy CS16: Safeguarding mineral and waste sites and mineral resources. NPPF - National Planning Policy Framework (March 2012). The following policy headings are relevant to the application: Achieving sustainable development Building strong, competitive economy Development Committee 14 10 March 2016 Promoting sustainable transport Delivering a wide choice of high quality homes Requiring good quality design Promoting healthy communities Meeting the challenge of climate change, flooding and coastal change Facilitating the sustainable use of materials MAIN ISSUES FOR CONSIDERATION 1. Site layout 2. Public open space / Landscaping 3. Design 4. Housing mix and type 5.. Highway issues 6. S.106 Planning Obligations APPRAISAL Background This application was deferred at the meeting on 11th February for further negotiations with regard to design and to await a formal response from the Highway Authority. The application site, currently arable farmland, is located on the southerly edge of North Walsham. The site (4.42 ha) forms part of the larger mixed use allocation (Policy NW01 - referred to above). In view of this allocation the principle of developing the site for residential and employment related purposes is acceptable. The total allocation measures 24.5 hectares. In addition to residential development Policy NW01 requires the provision of 5.0 hectares of employment land and 4.0 hectares of public open space. Planning permission was granted in 2014 on the northern part of this allocation (8.5 hectares) for another 'hybrid' proposal (176 dwellings, public open space, car park and employment land). In the case of that development an approximate 'pro-rata' approach was taken in relation to the amount of public open space and employment land to be provided. A similar approach has been taken with this application. The calculated pro-rata requirement for the site would be 0.72 hectares of public open space and 0.9 hectares of employment land. The amount proposed falls slightly short of this at 0.68 ha of public open space and 0.82 ha of employment land. These marginal variations to the requirements of Policy NW01 are not considered critical to the consideration of this application. Site layout There are a number of factors which have needed to be taken into account in designing the layout of development on this site. These include the position and alignment of the main access road (which it is envisaged to eventually form a through link with the remainder of the allocated land); the segregation between residential and employment land uses; the provision of open space and landscaping; the need to provide for on-site surface water drainage, and the detailed layout of the residential element. In general it is considered that the approach taken satisfactorily addresses these issues, although there have been recent discussions between officers and the applicants to seek more detailed amendments. These included the specification and layout of the more minor access roads within the development, footpath routes, parking provision and an attempt to reduce the 'regimentation' of the residential layout. Development Committee 15 10 March 2016 Public open space / Landscaping The four proposed areas of open space all contribute towards breaking up the residential development. They also provide for a different range of functions. The triangular area at the front of the site adjacent to Norwich Road would not be easily accessible from the majority of the estate, but is designed to play an important role in 'softening' the appearance of the development at a point which would mark the entrance into this part of North Walsham. The two central areas would be more useable in terms of providing informal recreation and the area to the north-east, separated from the residential area by the spine road, is proposed to accommodate a sustainable form of on-site surface water drainage. In terms of landscaping, the proposals include tree planting on the areas of public open space, a 5m landscaping belt along the southern (open countryside) boundary and tree planting within the highway verge of the spine road. At present there is a hedgerow along the entire site boundary with Norwich Road. This will have to be removed in order to provide footways and accommodate visibility splays. However a new native hedgerow is proposed to the rear of the open space fronting onto Norwich Road. These proposals are considered acceptable subject to precise details (species type etc.). The applicants have indicated that a management company would be set up to maintain the public open space and southern landscaping belt. Design Following deferral of this application at the previous meeting for officers to undertake negotiations regarding design aspects of the scheme, discussions have since taken place with the applicants. Amended plans are anticipated in advance of the meeting at which members will be updated. Housing mix and type Core Strategy Policy H01 requires that new housing developments should comprise at least 40% of dwellings with no more than two bedrooms and a floorspace of not more than 70 sqm. The reason for this policy is to provide a greater range of smaller and more affordable properties in the district. As proposed 38% of the dwellings would meet this requirement. However this figure rises to 46% if 3 bedroom units with a floorspace of 70 sqm are included. Essentially it is considered that the proposal meets the broad intentions of Policy H01. Core Strategy Policy HO2 (Provision of Affordable Housing) requires that on developments of this size, 45% of the dwellings should be 'affordable', subject to viability. However, as mentioned above, the applicants have applied under the Council's Housing Incentive Scheme to reduce the amount of affordable housing provided to 20% (20 units). In order to comply with the scheme the applicants are proposing to implement a number of measures to provide early delivery of the housing development. These include the construction of road infrastructure and up to 40 dwellings phased during a two year period following the grant of planning permission. The full details of this would need to be tied into a S.106 Planning Obligation. The S.106 would include the proviso that if the Housing Incentive Scheme requirements are not met, there would be a 'fallback' position whereby 45% affordable housing would need to be provided. The Council's Housing Officer is satisfied that the proposals now include a mix of properties which would satisfy both 20% and 45% scenarios. In addition the affordable properties would be integrated in different parts of the site rather than concentrated in one area. Highway issues In terms of the impact of the development on Norwich Road the highway authority has Development Committee 16 10 March 2016 no objection to the position of the principal access point, nor to the two private driveways which would adjoin onto Norwich Road. In relation to traffic speeds and road safety at this main entry point into the town, the view of the Highway Authority is that compared to the current situation where the site is rural in nature, the change to an urban environment coupled with the new access junctions and footpath / cycleway provision will in themselves have the effect of reducing traffic speeds. In addition to these measures the applicants would be required as part of a legal agreement to fund the highway authority's specification 'gateway' features on either side of Norwich Road. The existing 30mph limit which starts at the southern site boundary will be unchanged. Other features required on Norwich Road include a new bus stop and a dropped kerb pedestrian crossing (with a central refuge) both of which would be to the northern side of the main site access. In addition the highway authority are seeking a financial contribution towards a scheme of improvements to the junction of the B1150 Norwich Road) and the A149 (Yarmouth Road) near to North Walsham railway station. This contribution is to be on a 'pro-rata' basis towards the overall cost of these works, with similar proportionate payments being sought from developers of the rest of the allocated land. The highway authority has now confirmed that no objection is raised to the application subject to the imposition of certain conditions and completion of a suitable S.106 Planning Obligation. Following comments by members at the last meeting both the applicants and the highway authority have been asked to respond to the prospect of providing a signalled pedestrian crossing instead of the currently proposed version. Other matters As referred to above the employment land element of this application meets the site allocation policy requirement. In terms of location this would seem to be the optimum position in relation to the remainder of the development and the site's surroundings. It would have convenient access onto Norwich Road, it is separated from the residential element by the new spine road, and it would allow the possibility of connection through to adjoining(existing) employment land. In so far as potential employment uses on this land are concerned, this is left for future approval. It is reasonable to assume however that the type of employment uses which would be suitable in this location would need to compatible with nearby residential properties and the immediate road infrastructure. The site lies within a 'Minerals Safeguarding Area' as identified as part of the Norfolk Minerals and Waste Core Strategy. In such areas there is a policy to prevent development which would sterilise the opportunity to economically extract such mineral deposits. This is supported in paragraph 144 of the National Planning Policy Framework. In this case the site is underlain by deposits of sand and gravel. Following submission of the applicant's Minerals Safeguarding Assessment the County Council is satisfied that the site's deposits could not be extracted for use elsewhere on a commercial basis, but there is the opportunity (subject to further site investigation) to re-cycle sand and gravel as part of constructing the new development. Hence their recommendation for a condition to be imposed in the event of planning permission being approved. S.106 Planning Obligations In the event of this application being approved it will need to be the subject of a S.106 Planning Obligation to secure a number of financial contributions and other requirements including those in relation to the accompanying application under the Council's Housing Incentive Scheme. In this respect the applicants have agreed to the Development Committee 17 10 March 2016 following: Financial contributions towards education, libraries, green infrastructure, fire hydrants, healthcare, play provision and improvements to the A149/B1150 junction. Affordable housing requirements. Future maintenance of the public open space. Completion of the spine road to the site boundary. Travel Plan bond. Agreed level / timescale of dwelling completions and road infrastructure in exchange for a reduction in the amount of affordable housing (20%). Conclusions Development on this site will contribute to the increased supply of new housing (including affordable housing) plus employment land, and represents a significant step in bringing forward the second largest land allocation in the district. It should also be recognised that the applicants are willing to enter into a range of S.106 contributions linked to the development. Following members decision to defer consideration of the application at the previous meeting to enable officers to negotiate details of the scheme design, it is anticipated that amended plans will be submitted prior to the meeting. Ultimately it will be a matter of planning judgement for the Committee in reaching a decision on the application, to weigh the public benefits of the proposal against any perceived disbenefits. As part of this judgement the Committee needs to recognise the requirement to 'have regard to the desirability of achieving good design' as set out under Section 39 (2A) of the Planning & Compulsory Purchase Act 2004 (as amended). RECOMMENDATION: A formal recommendation will be made at the committee meeting following the receipt and consideration of amended plans. In the event of members resolving to grant planning permission this should be delegated to the Head of Planning subject to the completion of a S.106 Planning Obligation to include those matters referred to in this report, and subject to the imposition of appropriate conditions. (3) PASTON - PF/15/1198 - Demolition of accommodation Block B, swimming pool and laundry. Use of land to station 21 holiday lodges, reception building, wardens accommodation together with realignment of internal roads and associated landscaping.; Mundesley Holiday Centre, Paston Road, Mundesley for Mundesley Holiday Village Ltd Major Development - Target Date: 28 January 2016 Case Officer: Mr G Lyon Full Planning Permission CONSTRAINTS Countryside AONB Area of Outstanding Natural Beauty Archaeological Site C Road Undeveloped Coast Coastal Erosion Constraint Area Coastal Erosion Risk Area - 100 years Development Committee 18 10 March 2016 Contaminated Land Controlled Water Risk - High (Ground Water Pollution) Controlled Water Risk - Medium (Ground Water Pollution) RELEVANT PLANNING HISTORY PLA/19882086 PF Erect indoor bowls green for use by holiday centre residents & two tennis courts Approved 27/02/1989 PLA/19951624 PF Demolish and rebuild accommodation block Approved 27/02/1996 PLA/19961195 PF Replacement accommodation block Approved 25/11/1996 PLA/19971723 PF New roof and brick outer skin to upgrade kitchen and food preparation area Approved 13/02/1998 PLA/20021538 PF Improvements to foul and surface water drainage systems Approved 29/11/2002 PLA/20090176 PF Construction of sewer Approved 20/04/2009 THE APPLICATION Proposes the erection of concrete bases to support 21 holiday lodges on land at Mundesley Holiday Village. The holiday lodges would fall within the definition of a caravan under the Caravan and Site Licences Act 1960 (as amended). Related development includes the provision of new access roads, car parking together with bases to support an office/reception building and a lodge for use as warden's accommodation. Thirteen of the twenty-one lodges would be detached with eight semi-detached units. Works would involve the demolition of a number of existing buildings on the site including former swimming pool building and former holiday camp laundry building. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr Barry Smith in view of the sensitivity of the site within the Area of Outstanding Natural Beauty and the potential to also affect coastal erosion through surface water drainage. PARISH/TOWN COUNCIL Paston Parish Council - Object to the proposal. Whilst development of the holiday village site is welcomed, this proposal is only the beginning and the applicant has already made reference to future development on the site which could be inappropriate for the area. Concerned about the visibility of the 21 lodges from Stow Hill and from some Mundesley views. The site is in the AONB and there are less visible parts of the site on which to locate the lodges. Concerned about massive potential traffic increase turning onto the coast road at Stow Hill. The fact that he proposal may support the local economy is not sufficient to outweigh other issues. Development Committee 19 10 March 2016 REPRESENTATIONS Five letters have been received, four in objection and one making comment only. Summary of representations: 1. Documents are a little ambiguous regarding future plans; 2. The lodges would be on former grassed recreation area and this must be contrary to Policies EC 9 and EC 10; 3. No objection to lodges but object to caravans; 4. The access road is not part of the site and should not be included in red-line plans; 5. Object to location of reception building; 6. From Stow Mill it is possible to see over the holiday village site to the cliff edge - the proposal for caravans would be an eyesore; 7. Access to the site when operating as a camp site was predominantly by coach right up until 2012; 8. Increased use of the site by visitors arriving by car will significantly increase traffic numbers on the surrounding road network; 9. The existing access onto the coast road is known to be difficult and dangerous; 10. Any development outside the existing confines of the site is likely to be highly visible and damaging/detrimental to the AONB; 11. The camp dates from 1934 and is an historic holiday facility; 12. Existing/current works to modernise 36 semi-detached dormitory chalets to form 20 self-catering units appears to be acceptable; 13. The placing of caravans/lodges would appear to be contrary to Development Plan policies; 14. The units would be visible from Stow Hill and the coast road; 15. There is limited assessment of landscape impact in the planning submission; 16. Surface water drainage could impact on coastal erosion rates; 17. Coastal erosion is a real risk to this site; 18. Economic benefits need to be considered carefully against potential adverse impacts; 19. Bats from Paston Great Barn are known to forage on nearby cliff top scrub land and blackthorn hedge planted; 20. Peregrine Falcons have also been seen nesting in the clifftop scrub area; 21. There is a high probability of archaeological finds relating to pilgrimages to nearby Broomholm Priory and also Roman and early Anglo-Saxon activity; 22. We do not need more holiday homes, we need affordable homes for local young people; 23. Holiday chalets will result in all year round impacts and not just during the summer months as was the case with the holiday camp; 24. Concerned about drainage issues which will be exacerbated by greater number of people being onsite CONSULTATIONS Environmental Health - No Objection subject to the imposition of conditions including details of proposed sewage disposal and contamination assessment (particularly following recent early improper demolition of buildings containing asbestos) together with advisory notes relating to demolition and control of asbestos County Council (Highway) - No Objection subject to condition to secure maximum visibility splays (45m x 2.4m x 45m) onto the C634 Coast Road at Stow Hill. Natural England - Advisory comments only Norfolk Coast Partnership - No Objection - would not expect this proposal to have a significant impact on the Norfolk Coast AONB. Development Committee 20 10 March 2016 Norfolk County Council Flood & Water Management - No response received. Anglian Water - Development may lead to an unacceptable risk of foul sewage flooding down stream. A foul drainage strategy would be needed and this should be secured by planning conditions Conservation, Design and Landscape Manager (Landscape) - No objection subject to imposition of conditions to secure additional landscape planting to help screen the lodges and integrate the site into the landscape. Lodges should be of 'muted' colour tones rather than creams, yellows or blues. Coastal Management Team - Advisory comments in relation to coastal erosion risk and treatment of surface water. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Rural Residential Conversion Area (HO9) (The site lies within an area where the re-use of an existing good quality building as a dwelling may be permitted). Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy SS 4: Environment (strategic approach to environmental issues). Policy SS 5: Economy (strategic approach to economic issues). Policy EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy EN 3: Undeveloped Coast (prevents unnecessary development and specifies circumstances where development replacing that threatened by coastal erosion can be permitted). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Development Committee 21 10 March 2016 Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). Policy EN 9: Biodiversity and geology (requires no adverse impact on designated nature conservation sites). Policy EN 10: Flood risk (prevents inappropriate development in flood risk areas). Policy EN 11: Coastal erosion (prevents development that would increase risk to life or significantly increase risk to property and prevents proposals that are likely to increase coastal erosion). Policy EN 12: Replacement of development affected by coastal erosion risk (specifies the circumstances under which development affected by coastal erosion may be relocated). Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution and provides guidance on contaminated land and Major Hazard Zones). Policy EC 7: The location of new tourism development (provides a sequential approach for new tourist accommodation and attractions). Policy EC 8: Retaining an adequate supply of mix tourist accommodation (specifies criteria to prevent loss of facilities). Policy EC 9: Holiday and seasonal occupancy conditions (specifies the conditions to be attached to new unserviced holiday accommodation). Policy EC 10: Static and touring caravans and camping sites (specifies criteria for new sites and extensions or intensification of existing sites). Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION Principle of Development Background Impact on wider Landscape Impact on AONB Ecology Coastal Erosion Surface/Foul Water Drainage Contamination Impact on Neighbour Amenity Highway Impact Impact on Heritage Assets Economic Benefits Development Committee 22 10 March 2016 APPRAISAL Principle of Development The site lies within the countryside policy area where Core Strategy policy SS 2 would support proposals relating to recreation and tourism subject to compliance with other relevant core strategy policies. In particular, Core Strategy Policy EC 7 is relevant when considering the location of new tourism related development together with relevant landscape policies (EN 1 and EN 2) when considering the site's location within the Norfolk Coast Area of Outstanding Natural Beauty. Background The site consists of a former holiday camp which is understood to date back to the 1930s. The camp was designed in the shape of a windmill (reflecting the nearby Stow Mill) and is understood to be one of the oldest of its type in the country. The site until recently consisted of a number of small chalets (containing basic sleeping accommodation and bathroom) with communal facilities including cafeteria, bar, games room and entertainment area as well as a separate swimming pool building. It is understood visitors to the site predominantly arrived by coach and visitors would generally stay within the camp site confines during their holiday. The camp has been in declining condition for a number of years and it is recognised that the holiday model previously offered at the site is no longer attractive to families or viable without significant financial investment. The site was recently bought by the applicant and works have already been undertaken to renovate a number of the chalets which has included converting a number of multiple units into larger units so as to be able to offer modern standards of accommodation. The applicant has put into the public domain details of their future vision for the site. However the Committee are only being asked at this stage to consider the application before them and therefore future phases would need to be considered later and considered on their own planning merits. This proposal is for 21 holiday lodges and office/reception building and wardens accommodation together related access tracks, parking and landscaping. Impact on wider Landscape Part of the attractiveness of this site is the location next to the Mundesley Cliffs and Beach together with the wider inland landscape setting. Whilst Bacton Gas terminal is in relatively close proximity to the south of the site, it does not significantly impinge on the Mundesley Holiday Village site other than the visibility of taller masts and some chimneys. The site sits within the Coastal Plains Landscape Character type but has some views back towards Mundesley (Coastal Towns and Villages Landscape Character type) and Tributary Farmland to the south/west. The Landscape Officer has noted that 'The old holiday camp is relatively unobtrusive in the landscape, nestled within a slight depression in the cliff top landscape. Elements of the park can be seen from the Mundesley/Paston coast road but a hedge line and scattered trees help screen the existing buildings. Views of the camp can also be seen by residents of the adjacent holiday park to the north and from walkers along the cliff path. Any future proposals for the site should seek to conserve and where possible enhance the existing landscape character, a requirement of policy EN2 of the Core Strategy. A significant factor that could affect the impact of the proposal is the colour of lodges to be installed together with measures to improve landscaping across the site. Existing chalets that have been renovated have been painted in lighter pastel shades. The landscape officer has suggested some alternative shades and has suggested that Development Committee 23 10 March 2016 conditions could be imposed to agree the external colour of the lodges. Officers would concur with this view. In respect of landscape planting, the applicant has put forward planting proposals for the western boundary and a large proportion of this planting had already been completed at the time of a site visit in January. The Landscape Officer has recommended further planting where possible within the site to help break up the area of lodges. An acceptable landscaping scheme can be secured by way of planning condition together with the timing of planting works. On balance, subject to the imposition of conditions to secure appropriate external colours for the lodges and appropriate landscaping, the proposal would generally accord with the requirements of Core Strategy EN 2. Impact on Area of Outstanding Natural Beauty (AONB) The site lies within the Norfolk Coast Area of Outstanding Natural Beauty. CS Policy EN 1 (Norfolk Coast Area of Outstanding Natural Beauty & the Broads) states: ‘The impact of individual proposals, and their cumulative effect, on the Norfolk Coast AONB... and their settings, will be carefully assessed. Development will be permitted where it; is appropriate to the economic, social and environmental well-being of the area or is desirable for the understanding and enjoyment of the area; does not detract from the special qualities of the Norfolk Coast AONB or The Broads; and seeks to facilitate delivery of the Norfolk Coast AONB management plan objectives. Opportunities for remediation and improvement of damaged landscapes will be taken as they arise. Proposals that have an adverse effect will not be permitted unless it can be demonstrated that they cannot be located on alternative sites that would cause less harm and the benefits of the development clearly outweigh any adverse impacts. Development proposals that would be significantly detrimental to the special qualities of the Norfolk Coast AONB or The Broads and their settings will not be permitted’. In respect of national guidance, Paragraph 115 of the NPPF states: ‘Great weight should be given to conserving landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to landscape and scenic beauty. The conservation of wildlife and cultural heritage are important considerations in all these areas, and should be given great weight in National Parks and the Broads’. In respect of the impact on the Norfolk Coast AONB, Natural England advised consultation with the Norfolk Coast Partnership (NCP). NCP have advised 'Given the location, which provides only limited visibility from the surrounding area, I would not expect this proposal to have a significant impact on the landscape of the Norfolk Coast AONB locally.... particularly if landscaping on the eastern border and internally is strengthened [Officers understand this is actually the western boundary referred to], and attention is paid to good design of the units.....Sensitively designed lighting should Development Committee 24 10 March 2016 also be a consideration'. Therefore, subject to the imposition of appropriate conditions and having regard to the fact that a camp site already exists at this site, it is considered that the proposal to provide lodges within the site would not detract from the special qualities of the AONB and would accord with the aims of Core Strategy Policy EN 1. Ecology The adjacent Mundesley Cliffs are designated as a Site of Special Scientific Interest (SSSI). The land is included in an Area of Special Scientific interest by reason of its Flora, Fauna or Geological or Physiographical features pursuant to Section 28 of Wildlife and Countryside Act 1981. The proposal does not involve works to the cliff edge. However it is recognised that reintroducing holiday accommodation at the site will likely encourage visitors to seek to descend the cliffs to the beach below and this could have some adverse localised impact on the cliffs, although this would be unlikely to amount to serious impacts based on the 21 lodges proposed. The applicants have referred in their wider plans for the site to stepped access to the beach. This is not included for consideration at this stage and steps would require the benefit of planning permission, at which time the impact on the cliffs could be considered in detail. The Landscape Officer and a number of other representations have referred to bats in the area which are understood to link back to Paston Great Barn and which are known to forage along the cliff tops. Whilst no ecology survey was submitted with the application, it is considered that the proposed development alone would be unlikely to result in significant harm to bat populations and other species so long as appropriate mitigation is included. The landscape proposals set out above could include planting which would benefit foraging bats and conditions could be included which require agreement of lighting so as to prevent light spillage out of the site. Subject to the imposition of appropriate conditions it is considered that the proposal would accord with general requirements of Core Strategy Policy EN 9. Coastal Erosion Whilst the area of Mundesley Holiday Village subject of this permission lies outside of the coastal erosion zone, a large proportion of the site is at risk from coastal erosion. Great care therefore needs to be taken to ensure that the proposal does not exacerbate the risk of coastal erosion. When considering coastal erosion, the Council's Coastal Management Team Leader has indicated that 'Although the cliff in this location is predominantly sand and free draining, it would be appropriate that this application....consider the treatment of surface water and potential impacts on cliff erosion. It is preferable in many cliff locations in North Norfolk to see positive water management whereby surface water is removed from site, transferred below beach level or managed in such a way to prevent exacerbation of potential groundwater driven cliff failures.' There remain some questions about whether long-term proposals for the site would amount to an intensification of the existing holiday camp activities. The 36 former chalets on site are being converted to form 20 larger units which include kitchens and sitting areas within. This together with the 21 holiday lodges now proposed outside the coastal erosion zone would be considered unlikely to amount to an intensification of use of the holiday park. Further development over and above that proposed will require re-assessment, especially where located within the coastal erosion zone. Matters relating to surface water management are considered further below. Development Committee 25 10 March 2016 Subject to appropriate surface water management details being submitted and agreed, the proposal would be unlikely to significantly increase the risk of coastal erosion and would accord with Core Strategy Policy EN 11 Surface / Foul Water Drainage The applicant has indicated in their application submission that they intend to manage surface water through use of soakaways. Officers consider this could increase the risk of coastal erosion and therefore full details of alternative surface water drainage solutions would need to be the subject of a planning condition and works would need to be carried out only in accordance with approved details. The applicant has already commenced the formation of bases for the office/reception and wardens accommodation. This is undertaken entirely at the applicants own risk and therefore any changes to surface water management arrangements will need to include arrangements for these units also. In respect of foul sewage, the applicant has indicated that they intend to connect to the main sewer. However, Anglian Water have confirmed that development may lead to unacceptable flood risk downstream and have suggested the imposition of a planning condition to secure a foul water strategy for the proposed development and that none of the units should be occupied until appropriate works in accordance with the foul water strategy have taken place. Subject to the imposition of conditions to secure appropriate surface water and foul water management and on the basis that these details are agreed before any further work is carried out on site in connection with this proposal, the scheme would generally accord with the requirements of Core Strategy policy EN 10 and EN 11. Contamination Whilst it was first considered by the Environmental Protection Team that the proposed development would not require a full phase investigation (primarily because of the low sensitivity of the site), reports were received that demolition of the former swimming pool building and laundry building had been commenced ahead of necessary permissions and consents being granted. It is understood that a number of buildings contained asbestos and improper demolition procedures were followed which could have resulted in a release across the site. With this in mind the Environmental Protection Team recommend that no further works be carried out until the applicant undertakes a further investigation and assessment of possible contaminants affecting the site and, if contaminants are found, to undertake appropriate remediation. Subject to appropriate conditions and subject to any required works being carried out by the applicant, the proposal would accord with the requirements of Core Strategy Policy EN 13. Highway Impact A number of the representations received have expressed concern about traffic movements associated with the application proposal and future potential development of the site as set out within the 'vision statement', part of the Design & Access Statement submitted by the applicant. The Development Committee are reminded that it is only the application proposed before you that can be considered at this stage. Any future proposals will need to be the subject of a separate planning application that will need to be assessed on its own planning merits. In making their decision the Development Committee are not committing the Local Planning Authority to accept future schemes as yet undetermined. Development Committee 26 10 March 2016 In respect of specific highway issues, a number of representations have referred to the historical methods of accessing the holiday camp site, most of which it is understood being by coach and that access by car will significantly increase traffic levels in the area. Concerns have also been expressed about the junction with the C634 at Stow Hill which has limited visibility due to existing bends in the road. When making their decision, the Development Committee will need to consider the 'fallback' position in relation to the existing holiday camp. If the applicant were minded to simply renovate and upgrade the existing holiday camp site, there would be nothing to prevent people from arriving at the site by private motor vehicle. The 'fallback' position for the site would therefore already enable private cars to access the site with no specific cap on numbers of vehicles that could enter and leave the site. With this in mind the Highway Authority have set out in their response that it would be very difficult to pass adverse comment on the re-development now proposed. However, the Highway Authority have indicated that a condition should be imposed to ensure adequate visibility splays are maintained at the junction with the C634 Coast Road at Stow Hill and officers concur with this suggestion. In respect of on-site parking, the applicant has provided an amended plan which shows the location of parking for the lodges. Parking would be provided in locations generally adjacent to the lodges amounting to two spaces per unit. Whilst these spaces appear tight to manoeuvre into in some locations, on balance the parking provision would accord with adopted parking standards and there is sufficient land on which to park without causing detriment to highway safety. Subject to the imposition of conditions the proposal would accord with Core Strategy Policies CT 5 and CT 6. Impact on Neighbour Amenity The closest residents to the site are those at Stow Hill Farm (and cottage) and Stow Mill (and cottage) and surrounding properties adjacent to the junction of the C634 (Stow Hill) with the access road down to Mundesley Holiday Village. The primary impact on neighbouring properties will be through the coming and going of vehicles associated with the proposed development. Whilst residents may notice an increase compared to when the holiday camp was in operation, given the 'fallback' position described above, officers consider that there are limited reasonable powers available to prevent use of the car to access the site and there are no upper limits as to how many cars could lawfully enter or leave the site. What is known at this time is that overall numbers on site in relation to the application proposed and renovation works ongoing would not likely lead to an intensification of the use of the site. On balance therefore, the proposal would accord with Core Strategy EN 13 in respect of noise impact from the coming and going of vehicles. Impact on Heritage Assets When considering the impact on historic assets, the Committee is advised to take account of advice within CS Policy EN 8 (Protecting and Enhancing the Historic Environment), which states: ‘Development proposals…should preserve or enhance the character and appearance of designated assets, other important historic buildings, structures, monuments and landscapes, and their settings through high quality, sensitive design. Development that would have an adverse impact on their special historic or architectural interest will not be permitted’. The Committee is required by sections 66(1) and 72 of the Planning (Listed Buildings Development Committee 27 10 March 2016 and Conservation Areas) Act 1990 (LBCA Act 1990) to pay “special attention” to the “desirability of preserving” the setting of listed buildings, and the character and appearance of conservation areas. This means that the desirability of preserving the settings of listed buildings and the character and appearance of conservation areas are not mere material considerations to which any weight can be attached. When a local authority finds that a proposed development would harm the setting of a listed building or the character or appearance of a conservation area, it must give that harm considerable importance and weight. There is effectively a statutory presumption against planning permission being granted. That presumption can, however, be outweighed by material considerations powerful enough to do so, including the public benefits of a proposal. Committee should also take into account the advice contained within the NPPF, which specifically addresses the need for conserving and enhancing the historic environment at paragraphs 126 – 141. In particular paragraph 132 states: ‘When considering the impact of a proposed development on the significance of a designated heritage asset, great weight should be given to the asset’s conservation. The more important the asset, the greater the weight should be. Significance can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. As heritage assets are irreplaceable, any harm or loss should require clear and convincing justification. Substantial harm to or loss of a grade II listed building, park or garden should be exceptional. Substantial harm to or loss of designated heritage assets of the highest significance, notably scheduled monuments, protected wreck sites, battlefields, grade I and II* listed buildings, grade I and II* registered parks and gardens, and World Heritage Sites, should be wholly exceptional’. Paragraph 133 states: ‘Where a proposed development will lead to substantial harm to or total loss of significance of a designated heritage asset, local planning authorities should refuse consent, unless it can be demonstrated that the substantial harm or loss is necessary to achieve substantial public benefits that outweigh that harm or loss, or all of the following apply: the nature of the heritage asset prevents all reasonable uses of the site; and no viable use of the heritage asset itself can be found in the medium term through appropriate marketing that will enable its conservation; and conservation by grant-funding or some form of charitable or public ownership is demonstrably not possible; and the harm or loss is outweighed by the benefit of bringing the site back into use’. Paragraph 134 states: ‘Where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal, including securing its optimum viable use’. Although the NPPF is expressed in terms of balance rather than expressly referring to issues of weight and significance, the High Court has held that local authorities must approach the decision in a way that is consistent with sections 66(1) and 72 of the 1990 Act, and therefore that the question should not be addressed as a simple balancing exercise, but whether there is justification for overriding the presumption in favour of Development Committee 28 10 March 2016 preservation. The NPPF defines setting of a heritage asset as the surroundings in which it is experienced. Its extent is not fixed and may change as the asset and its surroundings evolve. Elements of a setting may make a positive or negative contribution to the significance of an asset, and may affect the ability to appreciate the significance or may be neutral. Significance is defined as the value of a heritage asset to this and future generations because of its heritage interest. Significance derives not only from a heritage asset’s physical presence, but also from its setting. The NPPF requires local plans to set out a positive strategy for the conservation and enjoyment of the historic environment. It recognises that heritage assets are an irreplaceable resource and they should be conserved in a manner appropriate to their significance. The significance of a heritage asset can be harmed or lost through alteration or destruction of the heritage asset or development within its setting. English Heritage guidance, The Setting of Heritage Assets (2011), advises that ‘setting embraces all the surroundings from which the heritage asset can be experienced or that can be experienced from or with the asset. Setting does not have a fixed boundary and cannot be definitively and permanently described as a spatially bounded area or as lying within a set distance of a heritage asset.’ The construction of a distant but a high structure such as a wind turbine may extend what was previously understood to comprise setting. Development within the immediate or extended setting may affect significance, particularly where it is large-scale, prominent or intrusive. The English Heritage document Conservation Principles: policies and guidance for the sustainable management of the historic environment articulates the value of heritage for its evidential, historical, aesthetic and communal value. However, the importance of aesthetic and communal value is not taken through into recent Government policy in the NPPF. The nearest heritage assets include: Stow Hill Windmill, Stow Hill, Mundesley Road, Paston (Grade II listed) – a tower mill dating from 1827; and Mundesley Conservation Area Representations have been received from the owners of Stow Mill raising, amongst other things, concerns about the impact of the proposed development on the setting of the mill. Whilst Stow Mill is certainly visible from the application site and the application site is visible from higher floors within the Mill, the fabric of the mill would not be affected only the wider setting. Given the undulating topography of the surrounding land, whilst there may be some harm to the wider setting of Stow Mill, this harm is considered to amount to less than substantial harm under paragraph 132 of the National Planning Policy Framework and such harm would need to be balanced against the public benefits of the proposal. In respect of the impact of the proposal on the character and appearance of Mundesley Conservation Area, the conservation area is approximately 500 metres away from the holiday village at its closest point and this intervening distance coupled with the topography of the land and intervening buildings would, in the opinion of Officers, be unlikely to lead to harm to the character and appearance of Mundesley Conservation Area and any harm would amount to less than substantial harm under paragraph 132 of the National Planning Policy Framework and such harm would need to be balanced against the public benefits of the proposal. Development Committee 29 10 March 2016 Economic Benefits The applicant has set out in their submission that the proposed works at the site will create the opportunity for holiday occupants to help support the local economy in Mundesley Village and further afield. Whilst there is no clear evidence to support this statement Officers consider the proposal would be likely to increase the tourism offer in the area and this is likely to support additional spending in the local economy. Economic benefits are matters which the Development Committee can afford appropriate weight when making their decision. Summary Whilst the proposal would increase the developed area of the holiday park site, this has to be balanced against demolition and upgrading works which would not currently result in overall intensification of development activities at the site. Subject to the imposition of appropriate conditions it is considered that the proposal would not harm the wider landscape nor harm the special qualities of the AONB. The proposal would not result in unacceptable highway impacts and scheme as a whole would offer the opportunity to modernise an old holiday camp site which is no longer fit for modern needs. RECOMMENDATION: Approval subject to the imposition of conditions including those relating to surface and foul drainage, highway matters, contamination, landscaping, colour of the lodges, lighting and any other conditions considered appropriate by the Head of Planning. (4) RUNTON - PF/15/1373 - Extensions to annexe; 2 Garden Cottages, Felbrigg Road, East Runton for Mr and Mrs Huish - Target Date: 13 November 2015 Case Officer: Mr A Afford Householder application CONSTRAINTS Countryside Archaeological Site Conservation Area RELEVANT PLANNING HISTORY PLA/20091066 HOU Erection of Extension to Outbuilding to Provide Ancillary Residential Accommodation Approved 16/12/2009 THE APPLICATION Extensions to the existing annexe. This will comprise a pitched roof extension 4m x 6m which will connect to a flat roof extension 10.6m x 5m, this flat roof extension connects to the existing pitched roof annexe. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr Butikofer for the following planning reasons; 1. The annexe is overdevelopment of the site and of a questionable scale for an annexe. 2. The impact on the neighbours to the east. Development Committee 30 10 March 2016 PARISH/TOWN COUNCIL East and West Runton Parish Council - Objection, It is too big for the site and would be detrimental to the wellbeing of immediate neighbours. The demolition of the flint wall is also objected to. REPRESENTATIONS Five objections received on the following grounds; 1) This is overdevelopment in a conservation area. 2) The plans show the new part of the annex is hard on the boundary so the gutters will hang over private land. 3) The boundary/new bedroom wall/kitchen wall, the existing garden flint wall will be knocked down and replaced with brick work. It would be dreadful to lose such a lovely old flint wall. 4) The height of the Annexe would increase and will shade the sun light from our back garden. 5) There are old fruit trees in the garden area where the new bedroom/kitchen would be, it would be terrible to lose such old fruit trees. 6) The new extension to the existing out building is a substantial increase of the building foot print, again, overdevelopment. 7) There would be increased traffic turning up Broomhill, and also on the existing Broomhill to Felbrigg Road. 8) The extension to the out building would be clearly seen from the High street and Felbrigg Road and make the area look over developed and squeezed in. 9) I feel this annexe is being built purely for financial gain and would not add to the beauty of the village. 10) Loss of light. 11) Already affected by an unauthorised 3m high fence. 12) Sets a precedent. CONSULTATIONS Conservation, Design and Landscape - Condition requested to replace fruit trees. County Council Highways Cromer - No Objection, providing condition is placed to ensure annex is ancillary to existing dwelling. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. Development Committee 31 10 March 2016 CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): SS2 - Development in the Countryside EN4 - Design EN8 - Protecting and Enhancing the Historic Environment HO8 - House Extensions and Replacement Dwellings in the Countryside National Planning Policy Framework (Adopted March 2012): Section 7 - Requiring Good Design Section 11 - Conserving and Enhancing the Natural Environment Section 12 - Conserving and Enhancing the Historic Environment MAIN ISSUES FOR CONSIDERATION 1) Principle of Development 2) Design 3) Impact of Neighbouring amenities 4) Consideration of Overdevelopment of site 5) Loss of trees APPRAISAL The application originally went to the Development Committee on the 11/2/16 however Councillors felt it necessary to undertake a site visit to better understand the site, this application will therefore be heard at the Development Committee on 10/3/16. 1) Principle of Development The site is within the countryside policy area where policy SS2 is applicable. An extension to an existing residential property, including an annexe is acceptable in principle in such a location. The site lies within a dense residential area of largely traditional style houses and cottages. 2) Design The design in terms of materials, scale, details and massing is considered to be acceptable both in relation to the host building and surrounding context. The site is within the conservation area and whilst the proposed development, it is in a prominent position officers consider that the development will preserve the character and appearance of the conservation area. There has been some concern as to the potential for the existing flint walls to the east being removed, however it has been confirmed that this is not the case. The new walls will be built behind this existing wall. The proposals therefore considered to be acceptable in accordance with policies EN4 and EN8 of the NNLDF (2011) 3) Impact on Neighbouring amenities In terms of proximity to neighbouring properties, in particular to the east and north it is Development Committee 32 10 March 2016 considered that there will be no significant overbearing and overshadowing impact caused from the annexe due to the low profile of the proposed single storey building. There are no new windows that look out onto neighbouring properties. Therefore there will be no issues of loss of privacy associated with this application. Overshadowing the property to the north will be limited and appears to impact on ancillary outbuildings. 4) Overdevelopment of site Although fairly sizable the annex is not considered to result in an overdevelopment of the site. The annex will occupy less than 50% of the garden curtilage. It is considerably smaller than the host dwelling and therefore even with the proposed extension will remain subservient to the main residence. Sufficient amenity and parking space are to be provided. 5) Loss of trees The landscape officer has no objection subject to a replanting condition. However, the fruit trees are not protected by a TPO, nor are they afforded the same protection since the site is not within an area that would do so. Such a condition is not considered to meet the tests all conditions of development must meet which is set out in the planning practice guidance. Conclusion There are not considered to be any significant detrimental impacts arising from the proposed development, nor is it considered to represent overdevelopment of the site, therefore development is considered to be in accordance with the Development Plan. RECOMMENDATION: Approve subject to the following conditions: 1 The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2 The development to which this permission relates shall be undertaken in strict accordance with the submitted and approved plans, drawings and specifications. Reason: To ensure the development is carried out in accordance with the expressed intentions of the applicant and to ensure the satisfactory development of the site, in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy. Development Committee 33 10 March 2016 3 The living accommodation hereby approved shall be incidental to the use of the main dwelling and shall not be occupied as a separate and un-associated unit of accommodation Reason: In the interests of highway safety, in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy. (5) SHERINGHAM - PF/15/1767 - Erection of two-storey extension to side and first floor extension to rear of dwelling; 14 Hadley Road for Mr & Mrs Fish - Target Date: 27 January 2016 Case Officer: Mr C Reuben Householder application CONSTRAINTS LDFSETT LDF - Settlement Boundary LDFRESID LDF - Residential Area CWRM Controlled Water Risk - Medium (Ground Water Pollution) RELEVANT PLANNING HISTORY PLA/20042197 PF Erection of single-storey rear extension Approved 08/04/2005 PLA/19830316 HR Proposed ground floor extensions Approved 25/03/1983 THE APPLICATION The application is for a two storey side extension and first floor rear extension to the existing residential property. The two storey side extension (on the southern side of the property) incorporates a garage at ground floor level along with a utility room, and a bedroom/en-suite on the first floor with a first floor south-facing and west-facing obscure glazed window. The property will adopt a more contemporary look, with white rendered walls and part timber cladding at first floor level, though with matching tiles. The rear extension builds upon an existing flat-roofed single-storey rear extension, on the northern half of the property, allowing for another bedroom and en-suite at first floor level. The roof arrangement will remain as a hipped design. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr J Oliver and Cllr R Shepherd due to the potential impact upon neighbouring properties. TOWN COUNCIL Sheringham Town Council - no objection. REPRESENTATIONS To date, three representations have been received (two from the same property), objecting to the application and raising the following concerns: Development Committee 34 10 March 2016 Scale and proportion of proposals too large for the local area. Application is misleading as no. 16 Hadley Road has an extension up to the boundary - the proposals will effectively join 14 and 16 together with minimal gap. Hadley Road is unadopted and additional traffic will cause additional deterioration to the road. Would like a meaningful space between the existing and proposed buildings. Proposed extension is very dominant and overpowers the existing building extending to the front of the property. Extensions will restrict light to the end glazed wall of a neighbouring one-storey build. CONSULTATIONS None HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS 3: Housing (strategic approach to housing issues). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). MAIN ISSUES FOR CONSIDERATION 1. Design (form and character/scale/appearance) 2. Residential amenity APPRAISAL Principle of development The property lies within the designated Residential area of Sheringham, as defined under Policy SS 3 of the North Norfolk Core Strategy. Within this area, proposals to extend existing dwellings are considered to be acceptable in principle, subject to compliance with other relevant Core Strategy policies. The property sits within a residential estate with neighbouring properties to the north, south and west. The current property, which is part cream rendered/part red brick, benefits from a sizeable rear garden and small front garden with driveway and a single detached garage. Design (Policy EN 4) The proposed extensions , when considered together, amount to a large increase in the size of the dwelling. Objections received relate to the loss of the gap between the applicant's property and the neighbouring property to the south, as well as highlighting the overall scale and proportion of the proposed development. Although the gap between the two properties would be reduced, a gap would still remain and as such, it is Development Committee 35 10 March 2016 not considered that this is significantly detrimental to the built form of the area. It is noted that the plot itself is relatively large, with examples of other large dwellings along the same road. The proposed rear extension builds upon a single-storey rear extension and, therefore, would not result in an increase in footprint. The two-storey side extension in design terms, adds a degree of symmetry to the front of the property which is being modernised. It is not considered that the scale of the two-storey side extension would amount to an unreasonable increase in the size of the property. The property is clearly being modernised and a more contemporary elevational treatment is proposed. There is not considered to be any detrimental impact as a result of the proposed design. It is, therefore, considered that the proposed design and scale of the extensions comply with Policy EN 4. Neighbouring amenity (Policy EN 4) Concern was raised as to the potential for loss of light to windows on the neighbouring property to the south, as well as causing issues with regards to maintenance. The applicant has clarified that the extension will not be flush against the boundary, so there would be some room for maintenance. In terms of the windows on the neighbouring property, it is considered that there will be a satisfactory gap between the properties to allow light to the existing windows on the neighbouring property, which appear to serve bathrooms and a stairwell - none of these are considered primary living spaces. A large glazed panel of windows on the front of a single-storey side extension on the same neighbouring property also exists and, it is argued, would also have light restricted as a result of the proposed side extension. Again, it is not considered that this glazing would lose a significantly detrimental amount of light. Light would still be received from an easterly direction. Furthermore, these windows (two of which are extremely small) face north and as such, are already unlikely to benefit from the majority of daytime sunlight. The proposed hipped roof arrangement on the proposed extension should help with light, as will the hipped arrangement on the rear extension in regards to the rear first floor windows of the neighbouring property to the north. Finally, the chosen wall materials, being white render, should again reflect light better than a traditional brick wall. None of the proposed first floor windows should result in any detrimental overlooking of neighbouring properties – those serving the en-suite rooms will be obscure glazed (to be conditioned). Permitted development rights for additional windows would be removed for those upper floor elevations facing both neighbouring properties. As such, it is considered that the proposals are compliant with Policy EN 4 in terms of neighbouring amenity. Parking (Policy CT 6) The parking situation on the site will remain unaltered, with the existing garage being replaced by the side extension which incorporates a garage on the ground floor. Concerns were raised as to the possible deterioration of the unadopted road as a result of the development, however, this is not considered to have any significant relevance to what are proposed extensions to an existing family property. Conclusion It is considered that the proposal complies with the relevant Development Plan policies, subject to appropriate conditions. RECOMMENDATION: Approve, subject to the following conditions: 1. The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is Development Committee 36 10 March 2016 granted. Reason: The time limit condition is imposed in order to comply with the requirements of Section 91 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004. 2. The development to which this permission relates shall be undertaken in strict accordance with the submitted and approved plans, drawings and specifications. Reason: To ensure the development is carried out in accordance with the expressed intentions of the applicant and to ensure the satisfactory development of the site, in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy. 3. The external materials to be used on the development hereby permitted shall be in full accordance with the details submitted in the planning application, unless otherwise approved in writing by the Local Planning Authority. Reason To accord with the expressed intentions of the applicant, in the interests of the visual amenities of the area and because the Local Planning Authority wishes to retain control over the type of possible alternative materials to be used in the approved development, to ensure the acceptable appearance of the building in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy and Chapter 10 of the North Norfolk Design Guide. 4. The first floor ensuite windows on the west-facing elevation of the side extension and south elevation of the rear extension hereby permitted shall be installed with obscured glazing with a degree of obscurity equivalent to Pilkington level 5. The glazing shall thereafter be retained in accordance with this detail. Reason: To prevent undue loss of privacy to the neighbouring property, in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy as amplified by paragraphs 3.3.9-3.3.11 of the North Norfolk Design Guide. 5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking, amending or re-enacting that Order with or without modification) no window, other than hereby approved, shall be inserted in either the north or south-facing elevations of the extensions hereby permitted unless planning permission has been first granted by the Local Planning Authority. Reason: To ensure a satisfactory relationship with neighbouring dwellings, in accordance with Policy EN 4 of the adopted North Norfolk Core Strategy, as amplified by paragraphs 3.3.9 to 3.3.11 of the Design Guide. Development Committee 37 10 March 2016 (6) STALHAM - PF/15/1857 - Erection of 2 bungalows and associated works (Revised Scheme 15/1370 refers).; Land adjacent to Holly Grove, Yarmouth Road for East Anglian Property Limited Minor Development - Target Date: 12 February 2016 Case Officer: Miss C Ketteringham Full Planning Permission CONSTRAINTS Countryside Tree Preservation Order RELEVANT PLANNING HISTORY PF/13/1430: Erection of eight detached dwellings and garages - approved 11/02/2014 PF/14/0837: Erection of three detached dwellings - approved 16/09/2014 PF/15/0012: Variation of conditions 2 and 9 of planning permission ref: 14/0837 to permit revision to design and re-location of three dwellings- approved 03/03/2015 PF/15/1370: erection of 2 bungalows and associated works - refused 24/11/2015 THE APPLICATION To erect two detached bungalows in place of the house granted planning permission. The bungalows are of the same design, each with three bedrooms and a single attached garage. REASONS FOR REFERRAL TO COMMITTEE At the request of Councillor Stevens having regard to the following planning issues: The principle of development, the wider landscape impact and neighbour amenity. PARISH/TOWN COUNCIL Stalham Town Council: object - overdevelopment of the site REPRESENTATIONS Two letters from neighbours in support of the application preferring bungalows to the house approved as they consider there would be less overlooking. One letter from an estate agent in support of the application stating there is an overwhelming demand for bungalows and a shortage of retirement bungalows in the area. CONSULTATIONS Highway Authority - no objection subject to conditions regarding the new access, visibility splays, provision of parking and infrastructure note access works. Natural England - no objection Landscape Officer - when the officer visited the site no tree protection was in place for the current development and the Root Protection Areas (RPA) of trees marked as T40 & T41 the tree survey plan on the Arboricultural Impact Assessment had been Development Committee 38 10 March 2016 compromised by heavy vehicles due to no fencing or ground protection. The trees on the site are protected by Tree Preservation Order ref. 15/0905. The proposals would result in the loss of a Category C larch tree (T39) which forms part of area G4 of the TPO. There is a concern that significant stresses would be placed on the remaining trees within G4 through the construction process of the drive way. Although the Arboricultural Report submitted with the development indicates that many of these concerns could be overcome through the installation of no-dig driveways and careful arboricultural supervision and method statements, it is considered that overall the combined stresses on the trees due to the recent damage and poor arboricultural management would result in future decline of the individual trees and reduce the amenity value of the Tree Preservation Order. The replanting suggested would not replace the amenity lost nor would it reduce the impact of the development on the local landscape. The overall impact would be a loss of public amenity in the natural landscape features of this part of Yarmouth Road which is contrary to policy EN4 of the Core Strategy. Construction of an individual dwelling was granted permission (ref. 13/1430) in 2014, and it is considered that this is the maximum number of dwellings that this plot can accommodate without causing harm to the trees on the site without the requirement of an extra driveway. Strongly recommend that the application is refused as it would jeopardise the future longevity and amenity value of the TPO. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, refusal of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES Policy SS 2: Development in the Countryside (prevents general development in the countryside with specific exceptions). Policy EN 2: Protection and enhancement of landscape and settlement character (specifies criteria that proposals should have regard to, including the Landscape Character Assessment). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy HO 2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). Policy HO 3: Affordable housing in the Countryside (specifies the exceptional circumstances under which affordable housing developments will be allowed in the Countryside policy area). Policy CT 5: The transport impact on new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Development Committee 39 10 March 2016 Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). National Planning Policy Framework Achieving Sustainable Development paragraphs 7 - 10 Core Planning Principles paragraph 17 Requiring Good Design paragraph 56 Conserving and Enhancing the Natural Environment paragraph 118 MAIN ISSUES FOR CONSIDERATION Principle Protected trees Design Affordable housing Neighbour amenity APPRAISAL Background and Principle A planning application (ref. PF/13/1430) for 8 houses, in two groups of 5 on Area A and 3 on Area B was submitted in late 2013. When the application for 8 houses was originally considered in February 2014 the National Planning Policy Framework had already introduced as a material consideration that in the circumstances a Local Planning Authority could not demonstrate that it had a five year land supply the planning policies could not be considered up to date. In such circumstances development proposals should be considered with a presumption in favour of sustainable development. At that time the Council could not demonstrate a five year land supply and as a result the application was approved under delegated powers. An additional dwelling was subsequently approved on the eastern part of Area B later that year, making 9 dwellings in total on areas A and B. In April 2014 and again in April 2015 the Council was able to demonstrate land supply in excess of five years. The five year land supply has been thoroughly examined recently at a public inquiry and found to be sound. As such new development proposals should be determined in accordance with the Development Plan and all housing policies can be considered, including those restricting where new development should occur. Consequently, the current proposal should be considered in the context of policy SS 2, which sets out the Countryside policy area. Policy SS 2 restricts the development of new dwellings in the Countryside unless they are for Affordable Housing in accordance with the rural exceptions policies, relocating existing development affected by coastal erosion, or an agricultural or other occupancy restricted dwelling. As such the proposals are considered to be contrary to Policy SS 2 of the Core Strategy. In addition a previous application for the two bungalows on this area was refused under delegated powers in November 2015 (ref. PF/15/1370). The application site has been extended to include a 9m wide strip on the northern edge. Without that extra land the proposed dwelling could not be fitted onto the plot. Development Committee 40 10 March 2016 Protected Trees Regard must also be had to the long term impact of the development on the protected trees. The Landscape Officer is of the opinion the development would be prejudicial to the long term health of trees which are of substantial amenity value. Although the siting has been amended by repositioning the dwellings 2m further back this has not significantly reduced the negative impact on the trees. The main group of mature trees protected by a Tree Preservation Order are at the front of the plots, and they would be completely encircled by the large driveways The concern of the Landscape Officer is that the construction works and stresses upon the trees would be detrimental to their future health and wellbeing and so would jeopardise their longevity and future amenity value. As such the proposals are considered to be contrary to Policy EN 4 of the Core Strategy. Design Policy EN 4 explains how proposals should be suitably designed for the context within which they are set and retain important landscaping features. It should be noted that paragraph 56. of the NPPF makes it clear 'Good design is a key aspect of sustainable development, is indivisible from good planning, and should contribute positively to making places better for people'. As regards the design, the bungalows are considered to be a retrograde step to previously approved single dwelling of the original application. The bungalows are essentially suburban in appearance. The ridge height of 6.7m is akin to a chalet bungalow or house with the potential to develop rooms in the roof space. However, the main design concern is the layout of the development. The over-arching constraint are the Protected Trees and their root protection areas. As a consequence of the trees being retained the revised layout sees the bungalows being sited 2m further back into the plot, away from the trees. This reduces garden depths, and necessitates the construction of disproportionately long areas of driveway. The two dwellings are proposed on the outer edge of the development site taken as a whole where a less dense development would be better suited to lessen the landscape impact of the site. As a result the proposed dwellings do not integrate well with the wider landscape setting of the site. The driveways create an excessively large area of hardstanding, separating large areas of curtilage from the dwellings which would have questionable liveability for the future occupants of the bungalows. As such the proposed layout is not considered to represent good design and the proposals are therefore considered to be contrary to Policy EN 4 of the Core Strategy. Affordable housing Policy HO 3 requires that any additional dwellings in the Countryside should be for affordable housing. On the original application for 8 dwellings the developer took advantage of the Council's Housing Incentive Scheme. In exchange for a fast implementation of the planning permission the affordable housing requirement was waived. The extra dwelling proposed on this site under the new application would not be eligible for that concession. The agent is promoting the development as two retirement bungalows, meeting a local housing need, but have not put forward any proposal that would restricted the occupancy to this population group. Any such conditional restriction would not meet Development Committee 41 10 March 2016 the tests of conditions as set out in the Planning Practice Guidance. Therefore, the proposal is considered to be contrary to the criteria of SS 2 and HO 3 with regard to the provision of affordable housing in the Countryside. Essentially these are for market housing and could be occupied by anyone. Residential amenity The properties closest to the application site are a significant distance from the site and are not sufficiently close that overlooking would be an issue in planning terms. Conclusions The substance of the applicant's case is that these dwellings should be approved because they represent sustainable development and an additional dwelling would do no additional harm. The original application succeeded because of the lack of a 5 year land supply at that time meant the policies in the Core Strategy restricting housing development could not be regarded as up to date and hence could not be considered in decision making. This proposal raises further considerations of sustainability that indicate it is other than sustainable development. The Council can now demonstrate a 5 year land supply and the restrictive housing policies can now be considered as the primary test of sustainable development. The principle of additional development is not considered to be appropriate in the Countryside. The poor design, impact upon the trees and the lack of social housing mean that the proposal fails to comply with the policies SS 2, EN 2, EN 4 and HO 3 of the Development Plan and paragraphs 7, 17, 56 and 118 of the National Planning Policy Framework. RECOMMENDATION: 1 The District Council adopted the North Norfolk Core Strategy on 24 September 2008, and subsequently adopted Policy HO9 on 23 February 2011, for all planning purposes. The following policy statements are considered relevant to the proposed development: SS 2 - Development in the Countryside EN 2 - Protection and enhancement of landscape and settlement character EN 4 - Design HO 2 - Provision of affordable housing HO 3 - Affordable housing in the Countryside CT 5 - The transport impact of new development CT 6 - Parking provision The proposal constitutes an unacceptable form of development in the Countryside policy area where there is a general presumption against residential development. It is considered that the applicant has failed to demonstrate satisfactorily that there are material considerations to justify a departure from Development Plan policy in this case or that compliance with paragraph 7 of the National Planning Policy Framework in terms of the social and environmental dimensions of sustainable development has been achieved for the following reasons: The proposal would result in the loss of a Larch Tree and would place a Development Committee 42 10 March 2016 significant threat to other protected trees during and after construction. The development would jeopardise the future longevity and amenity value of trees protected by Tree Preservation Order ref. 15/0905. The proposed dwellings by reason of their height, plot coverage, bland appearance and extensive areas of driveway would to respect the landscape context of its countryside setting. The proposed development provides for no element of affordable housing as required by Policies HO 2 and HO 3 of the adopted North Norfolk Core Strategy. In the opinion of the Local Planning Authority the proposed development would fail to accord with policies SS 2, EN 2, EN 4 and HO 3 of the Development Plan policy and with paragraphs 7, 17, 56 and 118 the National Planning Policy Framework, and the applicant has failed to provide substantive material considerations sufficient to outweigh the identified policy conflicts. (7) WELLS-NEXT-THE-SEA - PF/15/1761 - Erection of single-storey rear extension; Seal Cottage, 55 High Street for Mr J Rhodes - Target Date: 09 February 2016 Case Officer: Mrs G Lipinski Householder application CONSTRAINTS Residential area Conservation Area Area of Outstanding Natural Beauty RELEVANT PLANNING HISTORY PLA/19880784 LD Alterations to front elevation of property Approved 03/05/1988 PLA/19880782 PF Alterations to front elevation of property Approved 07/06/1988 PLA/19881235 LA Subdivide into 2 no. Dwellings Approved 16/06/1988 PLA/19881234 PF Subdivision of property into 2 dwellings & change of use from retail shop to residential Approved 04/08/1988 PLA/19920794 PF Reconstruction of semi-derelict garage to form a studio Approved 31/07/1992 PLA/19920666 LE Demolition of garage to be rebuilt as private studio Approved 31/07/1992 Development Committee 43 10 March 2016 THE APPLICATION Permission is sought to erect a modest (3.1m W x 3.1m D x 3.8m H to highest point) single-storey extension to the rear elevation of Seal Cottage, 55 High Street, Wells-next-the-Sea. Amended plans were received in respect of the changes to the design of the roof and the numbering of the neighbouring properties. REASONS FOR REFERRAL TO COMMITTEE At the request of Cllr. Vincent Fitzpatrick on the grounds that the development would result in a loss of amenity for neighbouring properties and the loss of a unified open aspect of the garden /courtyards of this group of cottages. TOWN COUNCIL Wells Town Council: raised no objection to the proposal REPRESENTATIONS The site notices expired on the 1 February 2016. To date the Local Planning Authority has received 5 letters objecting to the scheme. All of the objectors own properties neighbouring the development site. The following is a summary of the objector's concerns: The development contravenes guidance relating to development in a Conservation Area The development would negatively impact on the character and setting of a designated Conservation Area The development is in breach of many national and local regulations The size of the development would be both unsightly and intrusive The development would have an adverse impact on the neighbouring properties in terms of loss of privacy The property is used as a holiday let and the development would significantly reduce the outside space of the property and its storage space, resulting in the property's car port being used for storage resulting in cars parking in the communal area; creating a nuisance The property forms part of an eight unit development which includes garages and gardens built around three sides of a courtyard. The properties all follow the same basic design pattern which provides for an open garden area adjacent to each house. The proposed extension would adversely affect the visual harmony of the area. The pitched roof would be deleterious to the overall visual appearance of the area should the application be approved a flat roof to match the car port and neighbouring garages would be more in keeping with the site. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design): The Conservation and Design officer raised no objections to the proposed development. The implication being that the rear elevation extension would be away from the public domain and as such would not significantly negatively impact on the wider Conservation Area. The officer did, however, recommend conditions relating to the proposed building materials be added to the decision notice. HUMAN RIGHTS IMPLICATIONS It is considered that the proposed development may raise issues relevant to Development Committee 44 10 March 2016 Article 8: The Right to respect for private and family life. Article 1 of the First Protocol: The right to peaceful enjoyment of possessions. Having considered the likely impact on an individual's Human Rights, and the general interest of the public, approval of this application as recommended is considered to be justified, proportionate and in accordance with planning law. CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008): Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy SS 14: Wells-next-the-Sea (identifies strategic development requirements). Policy EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive development and specifies requirements relating to designated assets and other valuable buildings). National Planning Policy Framework: Paragraphs 17, 56 and 135 MAIN ISSUES FOR CONSIDERATION Amenity - impact on the residential amenity of the neighbouring occupants Design - out of character with the open plan design of the area Impact of development on a Conservation Area APPRAISAL The proposed development site lies to the rear elevation of Seal Cottage, 55 High Street, Wells. The proposed extension would extend beyond the property's original rear wall by more than 3m (Notification for Prior Approval for Larger Home Extensions Applications are not applicable within AONB), hence the need for planning permission. Seal Cottage lies to the northern corner of a courtyard development to which eight properties overlook a central courtyard and detached garages. Immediately to the rear (east) elevation of each property lie small private garden areas and beyond that lies a footpath from which the cottages are accessed. Whilst these gardens have partition fencing they remain relatively open plan. Seal cottage is situated in the northern corner of the courtyard. A 2.5m wall separates the cottage from its north elevation neighbour; 53 High Street. To its east elevation lies the cottage's carport beyond which lie the neighbouring properties' detached garages. The extension would lie 2.9m north of No. 57 High Street's boundary fence. Amended plans indicate the extension would have patio doors and a velux style rooflight to the extensions south facing elevation. Whilst it is acknowledged that the extension would overlook the rear gardens of the properties to the south, it is argued that given the open plan nature of the courtyard and the access footpath there is already significant overlooking of the garden spaces. It is considered that the erection of a garden room would not exacerbate the existing Development Committee 45 10 March 2016 situation. Furthermore, the easterly direction of the rear elevation suggests that for much of the day the occupants of 55 High Street would be within the garden room rather than using the outside patio area; thereby reducing any noise to neighbouring occupants. With regard to the design of the garden room: objectors suggested that a flat roof would be more in keeping with the site given the flat roof of the car port and neighbouring garages. The Planning Officer considers that the extension's 30º pitch would be a more appropriate and in keeping with the host property. Furthermore, the North Norfolk Development Plan's Supplementary Document: Design Guide does not endorse flat roofs, especially in association with traditional buildings. In terms of the proposed extension's impact on the open plan design of the courtyard complex: the extension would be tucked into the northern corner of the courtyard, adjacent to a 2.5m wall and partially screened by the property's carport suggesting its impact on the open plan design of the courtyard complex would be marginal. The application form states the existing facing material is red brick and the proposed extension would match the existing. The existing finish to the property is in fact painted brick. A condition will be imposed to ensure the proposed extension's external walls are painted in a colour to match the existing rear elevation. Seal Cottage lies within a designated Conservation Area, however, the property's rear elevation is in a private courtyard and away from the public domain. The District Council's Conservation and Design team raised no objection to the proposal subject to the imposition of conditions relating to external finishing materials. CONCLUSION: On balance, it is considered that the extension would pose no significant detrimental impact upon the privacy of the neighbouring occupant's gardens than already exists and its 'tucked away' location suggests it would not compromise the integrity of the open plan design of the courtyard complex. Furthermore, being away from the public domain the proposed development would have a negligible impact on the wider conservation area. RECOMMENDATION: APPROVE subject to conditions listed below: The development to which this permission relates must be begun not later than the expiration of three years beginning with the date on which this permission is granted. This permission is granted in accordance with the amended plans (drawing number 252 - 02 Revision C) received by the Local Planning Authority on 3 February 2016. Prior to the first use of the extension hereby permitted the external walls shall be painted in a colour to match the exterior walls of the Seal Cottage and thereafter retained as such. All roof tiles will match those of the existing property. Prior to the installation of any external lighting, details shall be submitted to and approved in writing by the Local Planning Authority. The lighting shall thereafter be installed in accordance with the approved details unless otherwise approved in writing by the Local Planning Authority. Development Committee 46 10 March 2016 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015, (or any Order revoking, amending or re-enacting that Order with or without modification) no window shall be inserted in the walls or roof of the rear extension hereby permitted unless planning permission has been first granted by the Local Planning Authority. PUBLIC BUSINESS - ITEM FOR INFORMATION 8. PLANNING APPEAL DECISIONS Decisions on appeals against the refusal of planning applications by the District Council are reported to the Development Committee and copies of the decisions sent to Ward Members. In addition, summaries of appeal decisions are presented to the Committee, normally at the next available meeting. As meetings of the Committee were rescheduled in November and December a number of appeal decisions have been received but not previously reported; this has however allowed an opportunity for a more detailed assessment of the appeal decisions to be made, including how Inspectors are weighing the policies of the Council’s adopted Core Strategy against the National Planning Policy Framework (“the NPPF”). The regular reports to the Committee on appeals in hand and determined forms part of the monitoring process of the performance of the Planning service against agreed targets set out in the Annual Action Plan. The decisions made by the Inspectors appointed by the Secretary of State also provide a mechanism for external scrutiny of the Council’s decisions on planning applications and of the extent to which the Council’s policies in the Core Strategy are consistent with the NPPF. The NPPF was published in March 2012 and sets out the Government’s planning policies for England and how these are expected to be applied. It is a material consideration in planning decisions which “must be determined in accordance with the development plan unless material considerations indicate otherwise” (Section 38 (6) Planning and Compulsory Purchase Act 2004). Summaries of ten recent appeal decisions are appended to this report (Appendices 1 - 10). These cover a broad spectrum of applications for planning permission, ranging from a retrospective application to retain a boundary wall (Paston - application PF/15/1073), proposed replacement PVCU windows on a building in a Conservation Area (Cromer - PF/15/0533), proposals for new dwellings in the Countryside (Neatishead – PF/15/0451,Sutton – PF/14/1382 and Horning – PO/14/1297) and an outline application for 8 dwellings in an established residential area (North Walsham – PO/14/1668). The appeal decision relating to application PF/14/1515 for a change of use from a D2 visitor attraction to siting of 13 holiday chalets at Priory Maze, Beeston Regis is particularly significant as the appeal Inspector accepted that “modest economic and other benefits would arise from the proposal” but that these do not come close to outweighing the harm to the heritage assets (the Grade 1 Listed St Mary’s Priory, also a scheduled monument). Clearly the various applications were considered against a range of constraints and by reference to different policies in the Council’s Core Strategy. The matrix appended to this report (Appendix 11)) lists the policies to which the appeal Inspectors have made reference in the summarised decisions and also the paragraphs in the NPPF noted in those decisions. Whilst this analysis is limited in scope by the range of the appeal decisions and thus cannot be considered entirely comprehensive, the following points Development Committee 47 10 March 2016 can be drawn from this analysis. 1. It is pleasing to report that all ten appeal decisions have been made in the Council’s favour and dismissed. The relevant service performance indicator is for less than 30% of appeals to be allowed (i.e. determined against the Council) so that for the period over which these decisions were issued it is clear that the Planning service has exceeded its published target. 2. In several decisions Inspectors have specifically stated that key policies in the Council’s Core Strategy are consistent with the objectives of the NPPF. 3. Some appellants have sought to argue that the Council’s Core Strategy is now somewhat dated and drawn attention to the fact that work on a replacement Core Strategy is in hand, a point also taken on behalf of the appellant company seeking to develop the site at Lodge Close, Holt (previously reported to the Development Committee). This is an argument to which Inspectors have not been attracted, as evidenced by the Council’s current success-rate on appeals and by repeated confirmation that the Council’s current policies comply with the NPPF. The Council’s record in defending planning appeals has been consistently good for many years and typically we would expect to win between 70 – 80% of appeal cases. The more recent results suggest that there has been no discernible change in this following publication of the NPPF in 2012. It is of particular note that there has been no successful challenge to the Council’s Five Year Land Supply position and the presumption against market housing in the Countryside policy area and other unsustainable locations is being broadly supported by Inspectors. The Committee is asked to note the contents of this report and also that the number of appeals has significantly increased in recent months (as noted in a report to the Overview and Scrutiny Committee by the Head of Planning on 13 January, the number of appeals in hand from 1 April – 30 November 2015 has increased by 100% from the same period in the previous year). Recommendation: The Development Committee is requested to note the contents of this report and the outcome of the appeals summarised in Appendices 1-11). (Source: Roger Howe, Planning Legal Manager, Ext. 6016) (9) APPLICATIONS APPROVED UNDER DELEGATED POWERS BARSHAM - PF/15/1285 - Retention of two existing sheds in new location (one used as garden store and one used as workshop); The Slipper Chapel, Gray's Lane, Houghton St. Giles for R C National Shrine (Full Planning Permission) BARTON TURF - PF/15/0704 - Erection of two-storey replacement dwelling; Holly Cottage, Smallburgh Road, Barton Turf, Norwich for Mr & Mrs Bullen (Full Planning Permission) BEESTON REGIS - PF/15/1839 - Conversion and extension of garage to create residential annexe; 73 Regis Avenue, Beeston Regis for Mr Wragg (Householder application) Development Committee 48 10 March 2016 BINHAM - PF/15/1748 - Conversion of single storey agricultural barn to one dwelling; 2 Westgate Barns, Warham Road, Binham for Norfolk County Council (Full Planning Permission) BLAKENEY - PF/15/1737 - Construction of flood defence wall and berm bank; North Granary, The Quay, Blakeney, Holt for Dr Hall (Householder application) BLAKENEY - PF/15/1537 - Erection of replacement boat house and office; Bliss Blakeney, Morston Road, Blakeney for Bliss Space Design Ltd (Full Planning Permission) BRISTON - PF/15/1867 - Erection of front porch, two storey side and single-storey side/rear extensions; 143 Fakenham Road, Briston, Melton Constable for Morrissey Builders Ltd (Householder application) BRISTON - PF/15/1460 - Conversion of barn to dwelling with new access on to Church Road; Home Farm House, Church Street, Briston for Ms B Crighton (Full Planning Permission) CATFIELD - PF/15/1590 - Redevelopment of part of the site to provide farm shop with ancillary space and car parking.; Staithe Farm, New Road for Mr P Flint (Full Planning Permission) CLEY-NEXT-THE-SEA - PF/15/1045 - Erection of detached garage/boat store; Riverside House, High Street, Cley-next-the-Sea for Mr A Livesey (Householder application) CLEY-NEXT-THE-SEA - PF/15/1782 - Alterations and extensions to front, side and rear of dwelling and erection of studio/store; Hill Top House, Hilltop, Cley-next-the-Sea for Mr and Mrs S Stevenson (Householder application) CLEY-NEXT-THE-SEA - PF/15/1823 - Conversion of redundant barn to residential dwelling and demolition of part of frontage wall to widen access; Barn at Green Farm, Holt Road, Cley-next-the-Sea, Norfolk for Mr & Mrs Armstrong (Full Planning Permission) CLEY-NEXT-THE-SEA - LA/15/1824 - Conversion of barn to dwelling and demolition of part of frontage wall to widen access; Barn at Green Farm, Holt Road, Cley-next-the-Sea, Norfolk for Mr & Mrs Armstrong (Listed Building Alterations) CORPUSTY AND SAXTHORPE - PF/15/1650 - Erection of extension and remodelling of existing bungalow to include raising roof to provide habitable accommodation in the roof space and installation of first floor balcony; Valley Farm Bungalow, Wood Dalling Road, Corpusty for Mr Worden (Householder application) CORPUSTY AND SAXTHORPE - PF/15/1885 - Erection of two-storey dwelling following demolition of dwelling. (Revised scheme PF/15/0124 refers); Lime Kiln Bungalow, Holt Road, Heydon, Norwich for Mr Orrow (Full Planning Permission) Development Committee 49 10 March 2016 CORPUSTY AND SAXTHORPE - PF/15/1897 - Erection of extension to front of dwelling; Colwall, Post Office Lane, Saxthorpe for Mr W James-Allison (Householder application) CROMER - AI/15/1669 - Display of internally illuminated fascia and ATM signs, one non-illuminated projecting sign and additional four signs; 61A Church Street, Cromer for RBS (Advertisement Illuminated) CROMER - PF/15/1840 - Upgrade of existing telecommunications installation to facilitate incoming operator, comprising replacement of 2 rooftop antennas, replacement of 2 ground based equipment cabinets with a single unit and ancillary development; Albany Court, 33-38 Beach Road, Cromer for CTIL and Telefonica UK Ltd (Full Planning Permission) CROMER - PF/15/1631 - Erection of two single-storey dwellings following demolition of existing dwelling.; 5 Colne Place for Stephen Thompson Builders Ltd (Full Planning Permission) CROMER - AN/15/1876 - Retention of fascia sign; Cromer Furniture Ltd, Cadogan Road, Cromer for QD Commercial Group Holdings (Advertisement Non-Illuminated) CROMER - PF/15/1889 - Single storey link extension to rear of building and internal alterations to first and second floors to create 4 flats.; 12 Hamilton Road, Cromer for KGM Holdings Limited (Full Planning Permission) CROMER - PF/15/1724 - Change of use of building to create dwelling; Building to rear of 22-24 Church Street, fronting Surrey Street, Cromer for Panacea PM Ltd (Full Planning Permission) EDGEFIELD - PF/15/1800 - Alterations and erection of first floor extension to front of dwelling.; Aldergrove, Ramsgate Street for Ms & Mr Bird & Braillie (Householder application) FAKENHAM - PF/15/1754 - Change of use of snooker hall (D2) to 5 units of mixed use of retail, financial & professional services, restaurant & cafe and hot food take away (A1, A2, A3 and A5); The Pot Black Club Rear Of, 21 Oak Street, Fakenham for A&B Management Services Limited (Full Planning Permission) FAKENHAM - LA/15/1755 - Internal and external alterations to facilitate conversion of snooker hall to 5 units of mixed use A1, A2, A3, & A5; The Pot Black Club Rear Of, 21 Oak Street for A&B Management Services Limited (Listed Building Alterations) FAKENHAM - PF/15/1562 - Change of use from hot food takeaway to dwelling; 23A Bridge Street, Fakenham for Mrs D Pollard (Full Planning Permission) FAKENHAM - PF/15/1431 - Erection of three-storey building comprising 2 retail units and 4 residential flats; 31-34 Upper Market, Fakenham, NR21 9BX for A&B Development Committee 50 10 March 2016 Management Services Ltd and Abbey Commercial Ltd (Full Planning Permission) FAKENHAM - LA/15/1432 - Erection of a three-storey building comprising 2 commercial units and 4 residential flats; 34 Upper Market, Fakenham, NR21 9BX for A&B Management Services Ltd and Abbey Commercial Ltd (Listed Building Alterations) FAKENHAM - AI/15/1721 - Retention of signage as displayed; Aldi Foodstore Ltd, Norwich Road, Fakenham for Aldi Stores Ltd - Chelmsford (Advertisement Illuminated) FAKENHAM - PF/15/1835 - Variation of condition 2 of 15/0903 to allow alterations to layout; Magistrates Court, Barons Close, Off Norwich Road for Pryde Developments (Full Planning Permission) FAKENHAM - NMA1/14/0532 - Internal rearrangement and door and fenestration alterations; Former Workshops, Star Meadow for Mr Kirby (Non-Material Amendment Request) FIELD DALLING - LA/15/1517 - Increase in roof height to facilitate structural repairs and improvements; Priory House, 54 Langham Road for Mr N Deterding (Listed Building Alterations) GRESHAM - PF/15/1827 - Erection of single-storey side/rear extension and front porch; 11 Cromer Road, Lower Gresham, Norwich for Mrs Gillery (Householder application) HICKLING - LA/15/1850 - Internal & external alterations to facilitate creation of attic bedroom accommodation, insertion of rooflights to north elevation roofslope and additional ensuite facilities at ground and first floors; Hickling Hall, Town Street, Hickling, Norwich for Mr Ellis (Listed Building Alterations) HINDOLVESTON - PF/15/1313 - Construction of multi use games area and roller skating/scooter area; Recreation Ground, The Street for Hindolveston Parish Council (Full Planning Permission) HOLT - PF/15/0578 - Installation of French doors; 3 Bull Close, Bull Street, Holt for Mr Hodgson (Householder application) HOLT - AN/15/1702 - Display of 1 fascia sign, 1 hanging sign, 1 acrylic board sign all with gold lettering on a green background; 2 Station Road, Holt for East Anglia's Children's Hospice (EACH) (Advertisement Non-Illuminated) HOLT - LA/15/1703 - External alterations to facilitate the fixing of a wall mounted sign; 2 Station Road, Holt for East Anglia's Children's Hospice (EACH) (Listed Building Alterations) HORNING - PF/15/1802 - Erection of two-storey extension to side of dwelling, replacement porch and render to painted brickwork.; 6 Kimberley Terrace, Mill Development Committee 51 10 March 2016 Hill, Horning for Mr Frosdick (Householder application) HORSEY - PF/15/1733 - Demolition of dwelling and erection of replacement dwelling; Warren Farmhouse, Palling Road, Horsey for Mr Hopcroft (Full Planning Permission) HOVETON - PF/15/1887 - Erection of single-storey and first floor side extensions and detached double car-port; Holmwood, Tunstead Road for Mr Williams (Householder application) INGHAM - PF/15/1741 - Erection of side extension; Sunset Cottage, Sydney Street, Ingham for Mrs S Fellows (Householder application) INGHAM - PU/15/1831 - Prior notification of intention of change of two barns use from storage or distribution buildings (B8) to two dwellinghouses (C3); The Barns, Mill Road, Ingham for Red Frog Developments Ltd (Change of Use Prior Notification) INGHAM - NMA1/11/1328 - Non-material amendment to allow garage to be built without doors and centre pier as previously approved; Woodlands, Calthorpe Street, Ingham for Mr & Mrs Conrathe (Non-Material Amendment Request-Household) ITTERINGHAM - PF/15/0689 - Continuation of use of land for seasonal camping for up to 7 tents.; Mannington Hall Estate, Mannington Hall Road, Mannington, for Lord Walpole (Full Planning Permission) KETTLESTONE - PF/15/1769 - Erection of replacement detached garden room; The Old Rectory, 81 The Street, Kettlestone, Fakenham for Mr & Mrs Little (Householder application) KETTLESTONE - LA/15/1770 - Erection of replacement detached garden room; The Old Rectory, 81 The Street, Kettlestone, Fakenham for Mr & Mrs Little (Listed Building Alterations) KNAPTON - PF/15/1834 - Renovation of barn to create ancillary residential accommodation; Cornerstone House, The Street for Mr & Mrs M Pardoe (Householder application) LITTLE SNORING - LA/15/1826 - Retention of a conservatory with door into it, insertion of door and window in rear elevation, insertion of dormer window in rear elevation, substitution of pitched roof for flat roof over single storey extension.; The Forge, The Street, Little Snoring, Fakenham for Ms Hallett (Listed Building Alterations) LITTLE SNORING - PF/15/1862 - Erection of front porch extension; Lancaster House, The Street, Little Snoring for Mr & Mrs Moores (Householder application) MUNDESLEY - NMA1/15/0829 - Non material amendment request to permit insertion of first floor window with obscured glazing to side elevation; 3 Meadow Close, Mundesley for Mr and Mrs Day Development Committee 52 10 March 2016 (Non-Material Amendment Request-Household) MUNDESLEY - PF/15/1884 - Erection of first floor side, two-storey side and rear extension, balcony to front and front porch; 25 Sea View Road for Mr & Mrs Hall (Householder application) NEATISHEAD - PF/15/1875 - Erection of extensions to side and rear of dwelling and detached car port with annexe to first floor.; Willow Cottage, Cangate Road, Cangate, Neatishead for Mr Abbey (Householder application) NORTH WALSHAM - PF/15/1599 - Erection of two-storey attached dwelling(re-submission); 16 Millfield Road, North Walsham for Mrs D King (Outline Planning Permission) NORTH WALSHAM - PO/15/1692 - Site for the erection of two town-houses and four flats; Land at Black Swan Loke, North Walsham for Mr Elliott (Outline Planning Permission) NORTH WALSHAM - PF/15/1873 - Formation of dropped kerb and vehicle access; 57 Mundesley Road, North Walsham for Mr Simpson (Householder application) NORTH WALSHAM - PF/16/0011 - Erection of 42cm slatted wooden panels on top of existing front boundary wall; 98 Norwich Road for Mr S Oakley (Householder application) OVERSTRAND - PO/15/1715 - Variation of Conditions 2 and 3 and removal of Condition 6 of planning permission ref: PO/14/0451 to enable layout, landscaping, appearance and scale to be considered under reserved matters submission, and variation of condition 20 of planning permission ref: PO/14/0451 relating to renewable energy.; Land south of Mundesley Road, Overstrand for Hopkins Homes Limited (Outline Planning Permission) POTTER HEIGHAM - PF/15/1870 - Erection of timber shed; Dove House Farm, Dove House Lane, Potter Heigham, Great Yarmouth for Mr L Whyatt (Householder application) RAYNHAM - PF/15/1872 - Change of use of agricultural land to residential garden and erection of detached outbuilding for car-port and store; Wren Cottage, Helhoughton Road, West Raynham, Fakenham for Mr D Mason (Full Planning Permission) RAYNHAM - PF/15/1745 - Erection of agricultural storage building; Land at Uphouse Farm, Swaffham Road, South Raynham for Uphouse Farm Ltd (Full Planning Permission) RAYNHAM - PF/15/1637 - Insertion of farm gate on land within the curtilage of St Margarets House; Land rear of St Margarets House, The Street, West Raynham, Fakenham for Mr H Smith (Full Planning Permission) ROUGHTON - PF/15/1811 - Erection of greenhouse; Highview House, Norwich Road, Roughton for Mr G Last Development Committee 53 10 March 2016 (Householder application) ROUGHTON - PF/15/1865 - Demolition of bungalow and garage and erection of one and a half-storey dwelling and detached double garage; Woodlands, Cromer Road, Roughton for Mr Buck (Full Planning Permission) RUNTON - PF/15/1772 - Erection of single storey extension to rear of dwelling; 6 Melinda Cottages, High Street, East Runton for Mr Long (Householder application) RUNTON - PF/15/1861 - Erection of single-storey link rear extension; 4 Buxton Close, East Runton, Cromer for Mr Blakey (Householder application) RUNTON - PF/15/1822 - Change of use to surf hire and shop; Storage building, Beach Road, East Runton for The Glide Surf School (Full Planning Permission) RUNTON - PF/15/1807 - Erection of garden room with glazed link to dwelling; Valley Farm, Cross Lane, East Runton for Mrs Rees-Myers (Householder application) RUNTON - PF/15/1896 - Erection of detached open sided car-port; 3 Church Cottages, Cromer Road, West Runton, Cromer for Mr Tuck (Householder application) RYBURGH - PF/15/1801 - Erection of extension to rear of dwelling and alterations to roof and external walls.; Langdale, Norwich Road, Langor Bridge, Little Ryburgh for Mr Browning (Householder application) SCOTTOW - PF/15/1292 - Variation of Conditions 5(b), 5(g) and 8 of PF/14/1334 to permit alternative ecological monitoring arrangements and revision to landscaping mitigation; Scottow Moor Solar Ltd, Scottow Enterprise Park, Lamas Road, Badersfield, Scottow for Scottow Moor Solar Limited (Full Planning Permission) SCOTTOW - PF/15/1894 - Change of use of Building 12 to automotive manufacture/hand tools and lifting equipment (B1); Unit 12, Scottow Enterprise Park, Lamas Road, Badersfield, Scottow for Mr Dockerty (Full Planning Permission) SHERINGHAM - PF/15/1682 - Insertion of larger first floor north facing attic window with obscured glazing; 8 Augusta Court for Graham Hayward Ltd (Householder application) SHERINGHAM - PF/15/1216 - Demolition of swimming pool building and erection of 4 detached dwellings; 15 Hooks Hill Road for Barsham Securities Limited (Full Planning Permission) SHERINGHAM - PF/15/1505 - Erection of detached double garage; 68A Cromer Road, Sheringham for Mr R Williamson (Householder application) Development Committee 54 10 March 2016 SHERINGHAM - PF/15/1678 - Erection of single storey building to provide overnight accommodation, washrooms and changing facilities for volunteers; North Norfolk Railway, Station Approach for North Norfolk Railway PLC (Full Planning Permission) SHERINGHAM - PF/15/1744 - Insertion of door to front elevation; 33 Cromer Road, Sheringham for Mr B Perera (Householder application) SHERINGHAM - PF/15/1881 - Alterations to shop front; 17 Station Road, Sheringham for Mr & Ms Flynn & Bray (Full Planning Permission) SHERINGHAM - PF/15/1618 - Erection of extensions to rear of dwelling to provide accommodation to first floor and single storey extension with balcony over.; 9 Churchill Crescent, Sheringham for Mrs Church (Householder application) SHERINGHAM - PF/15/1797 - Erection of detached garage; 5 Cypress Crescent, Sheringham for Mr & Mrs Wells (Householder application) SHERINGHAM - PF/16/0026 - Erection of single-storey rear extension; 35 Cremer Street, Sheringham for Mr & Mrs Hunter (Householder application) SHERINGHAM - PF/15/1820 - Single storey rear extension; 5 Montague Road, Sheringham for Mr J Reynolds (Householder application) STIBBARD - PF/15/1391 - Conversion of redundant barn accommodation; The Wain, Bells Lane, Stibbard for Ms D Clarke (Full Planning Permission) to holiday STODY - PF/15/1662 - Erection of single-storey side and rear extension and porch to dwelling; Rose Cottage, Kings Street, Hunworth for Mr Wotton (Householder application) SWAFIELD - LA/15/1409 - Conversion of ancillary outbuilding to habitable space with associated internal and external works. Demolition of existing double garage and erection of double cart shed style garage; Swafield Hall, Knapton Road, Swafield, North Walsham for Mr Payne (Listed Building Alterations) SWANTON ABBOTT - LA/15/1856 - Internal and external alterations to facilitate new doorway, removal of partition wall, insertion of replacement joinery and installation of replacement rooflight; Lilac Farmhouse, Long Common Road, Swanton Abbott, Norwich for Mr Clarke (Listed Building Alterations) TATTERSETT - AN/15/1730 - Display of signage to indicate location of church; Corner of field at Tattersett junction on the B1454 for Syderstone PCC (Advertisement Non-Illuminated) Development Committee 55 10 March 2016 THORNAGE - LA/15/1500 - Installation of external lighting to the 'Long Barn'.; Barns at, Thornage Hall, The Street, Thornage for Mr E Hare (Listed Building Alterations) WALSINGHAM - PF/15/1812 - Use of building as dwelling (Retrospective application); St Hilarys, Cleaves Drive, Walsingham for Mrs G Harris (Full Planning Permission) WALSINGHAM - LA/15/1890 - Installation of lift and replacement stairs; The Old Mill, Cokers Hill, Walsingham for John Gurney Charitable Trust (Listed Building Alterations) WALSINGHAM - PF/15/1817 - Erection of detached annexe; Long View, Westgate, Walsingham for Mr & Mrs B Tutte (Householder application) WELLS-NEXT-THE-SEA - PF/15/1841 - Alterations to provide window and roof light to study/bedroom.; 16 Manor Farm Drive for Mrs Molloy (Householder application) WELLS-NEXT-THE-SEA - LA/15/1844 - External alterations to facilitate the installation of carriage lights either side of front door, portico above side door, erection of pair of 2 metre timber gates with 2.2 metre gate posts, intruder alarm box, proposed treatment of east railings, and colour of rainwater goods and railings.; Clarence House, The Buttlands, Wells-next-the-Sea for Mr Hopkins (Listed Building Alterations) WELLS-NEXT-THE-SEA - PF/15/1888 - Erection of single-storey rear extension and conversion of part of garage to habitable accommodation; 53 Waveney Close, Wells-next-the-Sea for Mr & Mrs Hawkins (Householder application) WEYBOURNE - PF/16/0002 - Erection of detached storage building and log store; Sandy Hill House Sandy Hill Lane Weybourne for Mr Nichols (Householder application) WOOD NORTON - PF/15/1132 - Erection of agricultural livestock building (Barn A); Lyng Hall Farm, Lyng Hall Lane, Wood Norton for K J Bell and Son (Full Planning Permission) WOOD NORTON - PF/15/1133 - Erection of agricultural livestock building (Barn B); Lyng Hall Farm, Lyng Hall Lane, Wood Norton for K J Bell and Son (Full Planning Permission) WOOD NORTON - PF/15/1855 - Alterations to dwelling and construction of external staircase and balcony; Bluebell Barn, Lyng Hall Lane for Mr P Tweedie (Householder application) Development Committee 56 10 March 2016 (10) APPLICATIONS REFUSED UNDER DELEGATED POWERS BLAKENEY - LA/15/1810 - External alterations to facilitate replacement of timber double glazed windows on front elevation; Corner Cottage, 9 High Street, Blakeney, Holt for Mr Luckhoo (Listed Building Alterations) BRISTON - PF/15/1538 - Conversion of agricultural building to two units of holiday accommodation.; Boundary Farm, Reepham Road, Briston, Melton Constable for Mr & Mrs Berwick (Full Planning Permission) RUNTON - PF/15/1615 - Erection of single storey extension with balcony to first floor to rear of dwelling; 9 Wyndham Park, East Runton, Cromer for Ms S Ilsley (Householder application) APPEALS SECTION (11) NEW APPEALS HEMPSTEAD - PF/14/1669 - Installation of a single wind turbine with a maximum height to tip of 78m, a new access track, a hardstanding, a small substation building, a temporary meteorological mast and associated infrastructure; Selbrigg Farm, Hempstead for Selbrigg Generation PUBLIC INQUIRY NORTH WALSHAM - PF/15/0968 - Erection of single-storey front extension; 35 Fairview Road, North Walsham for Mr P Banthorpe FAST TRACK - HOUSEHOLDER WALCOTT - PF/15/0503 - Retention of single-storey replacement dwelling; The Glen, Helena Road, Walcott, Norwich for Mr & Mrs Robinson WRITTEN REPRESENTATIONS (12) INQUIRIES AND HEARINGS – PROGRESS BODHAM - PF/14/0925 - Erection of wind turbine with a hub height of 40m and blade tip height of 66m with associated substation buildings, access tracks and crane hardstanding; Land at Pond Farm, New Road, Bodham for Genatec Limited PUBLIC INQUIRY 01 November 2016 (13) WRITTEN REPRESENTATIONS APPEALS - IN HAND BRISTON - PF/15/0337 - Use of land as agricultural contractor's storage yard, erection of agricultural contractor's storage building and retention of alterations to access.; Tithe Barn Lane, Briston for Mr C Nutkins FAKENHAM - AI/15/1236 - Instillation of illuminated "H" frame totem sign; 16-18 Norwich Road, Fakenham for Aldi Stores Ltd - Chelmsford Development Committee 57 10 March 2016 FAKENHAM - ENF/14/0241 - Installation of advertisements and covers to marble shopfront (see LA/13/0068); 2 Market Place, Fakenham TATTERSETT - ENF/14/0248 - Unauthorised storage of tyres, following refusal of planning permission ref. PF/13/0941; Land At, Flag Street, Tattersett Busn And Leisure Pk (14) COURT CASES - PROGRESS AND RESULTS No change from previous report. Development Committee 58 10 March 2016 APPENDIX 1 HORNING – PO/14/1297 – proposed bungalow at Cloverhill, Letheringtons Lane, Horning APPEAL DECISION – DISMISSED Outline planning permission for a detached bungalow in part of the garden of an existing dwelling was refused. The application indicated that the bungalow would provide suitable accommodation for the appellants both of whom have disabilities. The Council’s decision was subject to appeal. The Inspector identified the main issue as Effect of the proposed bungalow on the character and appearance of the surrounding area In a comprehensive decision the Inspector set out the policy context by reference to the Council’s Core Strategy policies SS1 and SS2. He noted that Horning is identified as a service village where a small amount of new development will be focussed to support rural sustainability. The appeal site is on the edge of Horning but within the countryside policy area. The Inspector described the appeal site in relation to the nearby village and its surroundings, concluding that the proposed development would result in a harmful consolidation of development at this rural location, also resulting in a “noticeable projection of housing into the countryside”. This would, according to the Inspector’s decision, be significantly harmful to the clear countryside character of the area, contrary to Core Strategy policy SS2. The Inspector also found the proposed foul drainage solution proposed as part of the application would not be currently acceptable. This was a matter of timing, following recent remedial works in the Horning catchment area currently subject to monitoring by the Environment Agency. In this regard the Inspector referred to policies EN9 and EN13 of the Council’s Core Strategy. Under the heading “other material considerations”, the Inspector considered the Public Sector Equality Duty (the PSED) set out in the Equality Act 2010. He referred to the appellants’ disabilities and to supportive evidence from their doctors and to correspondence from Norman Lamb MP. He also took into account the appellants’ case relating to their Human Rights and the other appeal decisions to which his attention had been drawn. In a concluding section to the appeal decision the Inspector balanced the provisions of the development plan (the Council’s Core Strategy) and NPPF against the personal circumstances of the appellants’ quality of life in light of the social dimension of sustainability in the NPPF (paragraphs 8 and 9). However the Inspector concluded that the “particular and significant harm in terms of the character and appearance of the countryside in conflict with Core Strategy policy SS2 and possible harm from the additional foul drainage outweighed the benefits of the proposal. The appeal was dismissed. Some key points from the Inspector’s decision are that The Council’s Core Strategy policy which seeks to protect the rural character of the countryside (SS2) is consistent with the NPPF. Development Committee 59 10 March 2016 Another recent appeal decision had confirmed that the Council has sufficient housing land to meet its emerging objectively assessed housing need (OAHN). Whilst the Inspector clearly had some sympathy for the appellants’ personal circumstances, these did not in this case outweigh the relevant national and local Planning policies. NNDC Core Strategy policies: SS1, SS2, EN9, EN13 NPPF: Paragraphs 8, 9, 14, 17, 49 Development Committee 60 10 March 2016 APPENDIX 2 SUTTON – PF/14/1382 – Proposed detached bungalow at “The Horseshoe,” The Street, Sutton APPEAL DECISION – DISMISSED Planning permission was refused on policy grounds for a bungalow at this site. The Inspector found the main issue for consideration to be: Whether the location to be acceptable having regard to the principles of sustainable development The key policy is the Council’s Core Strategy Policy SS2 which restricts new housing in the countryside, to promote more sustainable development patterns and to deter reliance on the car to gain access to basic services. The Inspector assessed the site in relation to services at Stalham, which is over a kilometre from the site and also took into account other planning decisions to which the appellant had drawn attention. The Inspector concluded that the proposed development would conflict with policy SS2. The appeal was therefore dismissed. NNDC Core Strategy Policies: SS2 NPPF No specific reference but the inspector by implication has referred to paragraph 14. Development Committee 61 10 March 2016 APPENDIX 3 BEESTON REGIS – PF/14/1515 - Proposed change of use from D2 (visitor attraction) to siting of 13 holiday chalets at Priory Maze and Gardens, Cromer Road. APPEAL DECISION: DISMISSED The appeal inspector found the main issues to be: Effect on heritage assets and their settings Effect on character and appearance of the surrounding landscape Highway safety This appeal was determined following a hearing at which both the Council and appellant were represented by Counsel. The Inspector’s comprehensive decision was issued on 10 February 2016. On the first issue (heritage assets), the Inspector described the adjacent remains of St Mary’s Priory with its chapterhouse and cloisters. This is a scheduled monument and also a Grade I listed building. The site is also close to Abbey Farmhouse, a Grade II listed building and within the Beeston Regis conservation area. The Inspector found that the appeal site constitutes a “strongly positive contributor to the setting of the scheduled monument and the listed buildings.” The proposed thirteen chalets and associated facilities would harmfully compete with the scheduled monument and listed buildings in the Inspector’s view. On this issue the Inspector found that the proposed development would “materially and unacceptably fail to preserve the setting of the heritage assets”. The decision-letter refers to the “special regard” which the decision-maker must apply under section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and also to the relevant policy in the Council’s Core Strategy. The Inspector also concluded that the proposed chalets would be contrary to the historic environment policies in the NPPF, specifically paragraph 132. On the landscape issue the Inspector agreed that the site is part of the “undeveloped gap” between Sheringham and Beeston Regis which performs an important role “in preventing the settlements from coalescing.” The proposed chalets would in the Inspector’s view materially erode this important function and be unacceptably harmful to the character and appearance of the surrounding landscape. The decision- letter refers to policies EN 2 and EN 4 of the Council’s Core Strategy and to paragraph 58 of the NPPF on this issue. Turning to highway safety, the appeal Inspector disagreed with the Council’s refusal reason (which adopted the consultation – response from the Highway Authority) and found that the proposal would not be harmful to highway safety. In his overall conclusions the Inspector accepted that some “modest economic and other benefits would arise from the proposal” but that these do not come close to outweighing the harm to the heritage assets and surrounding landscape. The appeal was therefore dismissed. NNDC Core Strategy policies: EN2, EN4, EN8, EC10, CT5 NPPF Paragraphs 32, 58, 132, 134, 135, 139 Development Committee 62 10 March 2016 APPENDIX 4 NORTH WALSHAM – PO/14/1668 – Proposed residential development (8 dwellings) at 45 Happisburgh Road, North Walsham APPEAL DECISION: DISMISSED In this case, outline planning permission was refused in May 2015 and the appeal decision issued in January of this year. Refusal of the application followed a site visit by the Development Committee. Reflecting the refusal reasons in the Council’s decision, the Inspector identified the main issues in the appeal as the effects of the proposed development on: character and appearance of the area living conditions of adjacent occupiers and highway safety On the first issue, the Inspector’s decision includes a description of the appeal site in relation to surrounding development. He noted that the density of the proposed development would be high in relation to the existing detached properties along Happisburgh Road but lower than that of the adjacent Fairview Road estate. He found that the proposed 8 dwellings would not appear cramped and concluded, contrary to the Council’s refusal reasons, that there would be no harm to the character and appearance of the area. Further, the Inspector found that the density of the proposed development (25 dwellings per hectare) would accord with Core Strategy policies EN4 and HO7. Turning to the second issue, the Inspector found that the proposed dwellings would be sited sufficiently far away from the neighbouring dwellings to maintain privacy. In his view, there would be no harm to living conditions and the proposed development would therefore accord with policy EN4 of the Core Strategy. The Highway authority had raised concerns about the potential effect of the proposed 8 dwellings on highway safety. The Inspector assessed visibility from the proposed access and noted that in the north-west direction, this would be only 17 metres, considerably short of the required standard. Visibility could be improved by agreement with adjoining landowners but the Inspector found no evidence of any agreement with the adjacent owners to provide the splays. There was no section 106 obligation in place and in the Inspector’s view a Planning condition to require such splays would not be reasonable. The Inspector therefore concluded that the development would be “unacceptably prejudicial to highway safety” and therefore conflict with Core Strategy policy CT5. The appeal was therefore dismissed but on highway safety grounds alone. NNDC Core Strategy policies: EN4, HO7, CT5 NPPF Paragraph 206 Development Committee 63 10 March 2016 APPENDIX 5 GREAT RYBURGH – PF/15/0213 – Proposed change of use of C3 dwelling to tearoom (use class A3) and extension/pergola at 19a Station Road, Great Ryburgh. APPEAL DECISION: DISMISSED The Committee will recall visiting this site prior to resolving to refuse the application to change the use of this vacant dwelling to a tea room, adjacent to an existing hot food takeaway. The application was refused on highway safety grounds and the Inspector found this to be the main issue in the appeal. The Inspector noted that policies SS2 and EC2 of the Core Strategy are generally supportive of conversion of existing buildings to economic uses but that this is subject to compliance with other relevant policies, including those relating to highway safety. He described the site in relation to the surrounding road network and referred to traffic conditions at the time of his site visit. The Inspector also referred to the views of the Highway Authority, specifically that “the existing access is unsuitable for increased vehicular use due to both substandard visibility and inadequate carriageway width to serve the rear parking area” Having assessed the respective cases of the appellant and the Council, the Inspector concluded that the proposed change of use to a tearoom would be harmful to highway safety and therefore conflict with policies CT5 and CT6 of the Core Strategy. The Inspector noted that both policies are consistent with the policy aims of the NPPF. On the other elements of the proposal, the Inspector found that the proposed extension and pergola would preserve the character and appearance of the Conservation Area and acknowledged that the proposed tearoom would offer potential benefits for the local community and rural economy. However these benefits did not outweigh the identified harm to highway safety. The Inspector also noted a significant number of third party representations, most of which were supportive of the proposed tearoom. The appeal was dismissed. NNDC Core Strategy policies: SS2, EC2, CT5, CT6, EN4, EN8 NPPF: No specific paragraphs are referenced in this appeal decision but the Inspector confirmed that several Core Strategy policies are consistent with the framework. Development Committee 64 10 March 2016 APPENDIX 6 HINDRINGHAM – PU/15/0274 – proposed conversion of general purposes agricultural building to dwelling at Row Hill Farm Barns, Walsingham Road, Hindringham APPEAL DECISION – DISMISSED This appeal was against the Council’s decision that the use of this building could not be changed to residential under the permitted development rights conferred by the General Permitted Development Order (“the GPDO”). Class Q of the GPDO permits development comprising a change of use of agricultural buildings to a Class C3 dwelling house use and building operations “reasonably necessary to convert the building to a Class C3 use”. An appeal against the District Council’s decision was made on behalf of the owner of the building, Norfolk County Council. The Inspector noted that the current Planning Practice Guidance (PPG) makes clear that the GPDO Class Q rights do not include the construction of new structural elements for the building. Therefore, to have Class Q PD rights, the building must be structurally strong enough to take the loading which comes with the external works to provide for residential use. The Inspector found the main issues to be: whether in fact change of use to residential use would be permitted development, having regard to the extent of the building operations. if the use of the building can be changed under PD rights, siting in relation to possible noise and dust from adjacent development on-site contamination risks and design and external appearance On the first issue the Inspector noted that it was proposed to remove the concrete sheet cladding on the external elevations, reclad the upper half of the building with timber boarding, insert doors and windows and internally insulate the building. Although these works are extensive, the Inspector found them to be reasonably necessary for residential use, as required by Class Q of the GPDO. He therefore concluded that the proposal would be permitted development. Having dealt with this first issue the Inspector went on to consider siting. He noted that the building is close to a large potato store on adjacent land and that the Council’s Environmental Health officers and also the owners of the store had raised concerns that future occupiers may experience noise and dust. The Inspector concluded that “in the absence of the clear evidence on the comings and goings of vehicles in relation to the potato store, the siting of the building would make residential conversion undesirable”. On the issue of possible contamination, the Inspector noted the conclusion of a contamination report in 2009, in connection with an earlier planning application. This report had identified the potential for asbestos within the cement board panels and roofing but that these could be removed with very low remaining risk. On external appearance, the Inspector’s conclusions were that residential conversion would clearly alter the appearance of the building but that this would not be as “suburban” as the Council had asserted. Assessing this against the relevant Class Q criteria, the Inspector found that design and external appearance would be acceptable. Development Committee 65 10 March 2016 This appeal was therefore dismissed but on grounds relating to siting only. During the course of the appeal an application for costs was made against the District Council. The Inspector found that the Council had not failed to provide evidence to support its reasons for refusal and had otherwise acted reasonably. The costs application was refused. As this decision related to an application for approval under the GPDO 2015, the Inspector did not refer to the Council’s Core Strategy in the appeal decision. Development Committee 66 10 March 2016 APPENDIX 7 NEATISHEAD – PF/15/0451 – Proposed detached dwelling at Street Hill Farm Neatishead APPEAL DECISION: DISMISSED Planning permission was refused for a new dwelling in Neatishead and an appeal made to the Secretary of State under Section 78 of the Town and Country Planning Act 1990. The appeal was dealt with under the written representations procedure and the decision issued on 6 February 2016. The Inspector found the main issues to be: Planning policies relevant to the provision of new housing in the countryside Highway safety On the main policy issue the Inspector set out the relevant policies from the Council’s Core Strategy (SS1 and SS2) and concluded that the new house in this location would contravene these policies. He went onto consider the proposal against the NPPF, specifically paragraphs 49 and 55, and found no evidence to contradict the Council’s statement that it can demonstrate a 5-year supply of deliverable housing sites. The Inspector assessed the site in relation to the village and found that whilst it would not be physically “isolated” (a reference to paragraph 55 of the NPPF) the appeal site is read as an integral part of the extensive countryside landscape. A new dwelling here would “substantially urbanise the site” according to the Inspector who went on to describe the proposed dwelling and garage as having an “unremarkable and essentially suburban appearance”. However, on balance the Inspector concluded that the proposed dwelling would not contravene paragraph 55 of the NPPF as it would be adjacent to the principal built up area of the village. However a new dwelling here would be contrary to paragraph 17 of the NPPF (that Planning should recognise the intrinsic character and beauty of the countryside) and also to paragraph 58 which seeks to ensure that Planning decisions should respond to local character and reflect the identity of local surroundings. On the highway issue, the Inspector agreed that the proposal would have a detrimental effect on highway safety and be contrary to policy CT5 of the Council’s Core Strategy and also contrary to paragraph 32 of the NPPF. The appeal was dismissed NNDC Core Strategy policies: SS1, SS2, CT5 NPPF Paragraphs 2, 6 17, 32, 49, 55, 58, 59 Development Committee 67 10 March 2016 APPENDIX 8 CROMER - PF/15/0533 – proposed change from timber to PVCU bay windows at 28 High Street, Cromer APPEAL DECISION – DISMISSED Planning permission was refused to change the existing bay windows at this property from timber sliding sash to PVCU sliding sash windows. The Inspector found the main issue in the appeal to be the effect “on the character and appearance of the host building and the Conservation Area”. In the decision the Inspector described the building and its relationship with surrounding development in the Cromer Conservation Area. He then described the existing windows and assessed the design of the proposed UPVC replacements. This was found to introduce an incongruous angular form of bay window which would “disrupt and unbalance the characteristic sequence of bay windows within the host building when viewed from High Street and Church Street”. This would be harmful to the character and appearance of the host building and its neighbours. The Inspector concluded that the proposed replacement windows would fail to preserve the character and appearance of the Conservation Area, contrary to policies EN4 and EN8 of the Council’s Core Strategy. The aims of these policies are consistent with the NPPF (the appeal decision refers specifically to paragraph 132 of the Framework). The Inspector did not accept the appellant’s suggestion that the windows could be replaced under permitted development rights. This appeal was dismissed. NNDC Core Strategy policies: EN4, EN8 NPPF: Paragraph 132 Development Committee 68 10 March 2016 APPENDIX 9 MUNDESLEY – PF/15/0655 - Proposed dwelling on site adjacent to 57 Sea View Road, Mundesley APPEAL DECISION: DISMISSED Planning permission was refused for a new dwelling on a plot subdivided from the garden of 57 Sea View Road. This decision was subject to appeal to the Secretary of State. The Inspector found the main issues to be: Location, with particular regard to coastal erosion Living conditions in neighbouring properties, specifically the existing dwelling at 57 Sea View Road On the issue of location, the Inspector found the appeal site to be in an enclave of residential development but within the designated Coastal Erosion Constraint Area, identified in the Council’s Core Strategy. The site is some 70 metres from the cliff edge. The Inspector noted that the Constraint Area designation is supported by evidence in the Shoreline Management Plan and that Core Strategy policy EN11 is intended to prevent new development within the Constraint Area, except where it can be demonstrated that it will result in no increased risk to life or significant risk to property. The appeal decision states that the Council’s policy is consistent with paragraph 107 of the NPPF. It was common ground between the parties that in the long term the appeal site is at risk from coastal change. To address this, the Appellant had suggested that the Inspector could impose a condition (in the event of the appeal being allowed) or the parties could make a section 106 agreement to limit the development to a temporary period. The Inspector did not find either option acceptable. Assessing the proposal against Core Strategy SS4, he considered that the “harmful exposure of people and property to the risks of coastal erosion outweighs any environmental, social and economic benefits which may arise from the provision of a single dwelling in this location”. With regard to the potential effects of the proposed new dwelling on living conditions, the appeal Inspector described the site in the context of surrounding development and the relationship with the existing dwelling at 57 Sea View Road. He concluded that the new proposed dwelling would have an unacceptable impact by way of its overbearing and overshadowing effect. The development would therefore conflict with policy EN4 of the Core Strategy (which he also found to be consistent with the NPPF). The appeal was therefore dismissed. NNDC Core Strategy policies: EN11, SS4, EN4 NPPF Paragraph 107 Development Committee 69 10 March 2016 APPENDIX 10 PASTON – PF/15/1073 – replacement retaining wall to support existing garden structure (retrospective) at Meadow View, Bears Road, Paston APPEAL DECISION – DISMISSED The Council refused planning permission to retain a replacement wall at the above property. At the subsequent appeal, the Inspector found the main issue to be: effect on the character and appearance of the surrounding area The appeal site is within the AONB and the Inspector found this to be a “sensitive gateway site” where Chapel Road enters the village from the open countryside. He found the height, length and position of the new wall to be “harmfully overbearing” at odds with the otherwise rural character of this location. He also found the design and detailing of the wall to be visually discordant. The Inspector’s overall conclusion was that the effect of the replacement wall is “significantly harmful” to the character and appearance of the surrounding area. He found the development to be contrary to the Council’s Core Strategy policies SS2, EN1, EN4 and CT5 and also not in accordance with the objectives of the NPPF. The appeal was therefore dismissed. NNDC Core Strategy Policies: SS2, EN1, EN4, CT5 NPPF General objectives to recognise the intrinsic character and beauty of the countryside and to secure quality design (paragraph 17) Development Committee 70 10 March 2016 APPENDIX 11 Analysis of NNDC Core Strategy / NPPF references APPEAL PF/14/1297 (Horning) CORE STRATEGY POLICIES SS1, SS2, EN9, EN13 NPPF PARAGRAPHS 8, 9, 14, 17, 49 PF/14/1382 (Sutton) SS2 14 PF/14/1515 (Beeston Regis) EN2, EN4, EN8, EC10, CT5 32, 58, 132, 134, 135, 139 PO/14/1668 (North Walsham) EN4, HO7, CT5 206 PF/15/0213 (Great Ryburgh) SS3, EC2, CT5, CT6, EN4, EN8 “Consistent” PF/15/0274 (Hindringham) Application for approval under GPDO, Class Q - PF/15/0451 (Neatishead) SS1, SS2, CT5 2, 6, 17, 32, 49, 55, 58, 59 PF/15/0533 (Cromer) EN4, EN8 132 PF/15/0655 (Mundesley) EN11, SS4, EN4 107 PF/15/1073 (Paston) SS2, EN1, EN4, CT5 “Consistent” Development Committee 71 10 March 2016 Development Committee 72 10 March 2016 Development Committee 73 10 March 2016