OFFICERS' REPORTS TO
DEVELOPMENT CONTROL COMMITTEE (EAST) - 1 OCTOBER 2009
Each report for decision on this Agenda shows the Chief 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 - ITEMS FOR DECISION
1.
NORTH WALSHAM: Derelict and dormant sites (complaints from North
Walsham Town Council)
This report lists a number of sites in and around North Walsham which are the
subject of complaints from the Town Council and concludes with a request that the
Committee authorises the service of notices under section 215 of the Town and
Country Planning Act 1990.
Complaint from the Town Council
The Town Council’s Planning Committee had expressed concern about a number of
sites in and around North Walsham, some of which are being considered under the
Local Development Framework Site Specific Proposals and/or have the benefit of
planning permission for redevelopment. Eight sites were listed in a letter from the
Town Clerk as follows:
1.
2.
3.
4.
5.
6.
7.
8.
H L Foods site, Norwich Road.
The Railway Station Yard, Norwich Road.
Former Holburn Tyres site, Norwich Road.
Former Marricks Ropes site, Cromer Road.
Former Builder’s Yard, Cromer Road.
Site at 48/50 Bacton Road.
Former Howards Coachworks site, Mundesley Road.
Former Hall Lane Garage site, Hall Lane.
The Town Clerk’s letter states that the sites numbered 1 to 5 inclusive are on
“gateways” leading in to the town and asks whether anything can be done under
planning legislation to have the sites tidied.
The legislation: section 215 Town and Country Planning Act 1990 (“section 215”)
Section 215 states
(1) If it appears to the local planning authority that the amenity of a part of their
area, or of an adjoining area, is adversely affected by the condition of land in
their area, they may serve on the owner and occupier of the land a notice under
this section.
(2) The notice shall require such steps for remedying the condition of the land as
may be specified in the notice to be taken within such period as may be so
specified.
Development Control Committee (East)
1
1 October 2009
Non-compliance with a section 215 notice is an offence and the use of this form of
notice is limited by the fact that there is a right of appeal to the local Magistrates
Court under section 217 of the Act under the following grounds:
(a) that the condition of the land to which the notice relates does not adversely
affect the amenity of any part of the area of the local planning authority who
served the notice, or of any adjoining area;
(b) that the condition of the land to which the notice relates is attributable to, and
such as results in the ordinary course of events from, the carrying on of
operations or a use of land which is not in contravention of Part III;
(c) that the requirements of the notice exceed what is necessary for preventing the
condition of the land from adversely affecting the amenity of any part of the area
of the local planning authority who served the notice, or of any adjoining area:
(d) that the period specified in the notice as the period within which any steps
required by the notice are to be taken falls short of what should reasonably be
allowed.
Practice guidance on section 215 notices issued by the Office of the Deputy Prime
Minister in 2005 gives advice to Planning Authorities on the circumstances in which it
is appropriate for these powers to be used. Key messages are that section 215
notices can be used in respect of unsightly land and buildings (in section 336 of the
Act “land” is defined to include a building), that section 215 powers can be used as a
stand-alone process or with pro-active measures such as development briefs for the
sites concerned and that the scope of works which can be required by a section 215
notice is wide. Examples given include site clearance, tidying, enclosure, demolition
and repairs.
The guidance note also recommends that Councils consider using other legislative
powers, specifically the Building Acts provisions which can be used to require the
demolition of dangerous buildings.
Overview and recommendation
Photographs of the various sites referred to by the Town Council will be displayed at
the meeting and members asked to agree the desired remedial action (which may in
some cases be simply that the sites be monitored). Where action is required,
landowners will be asked to take steps voluntarily to improve the condition and
appearance of their sites although it is felt appropriate to ask the Committee at this
stage to authorise formal action under section 215 should landowners be unwilling to
undertake improvement works.
It is also considered important to manage expectations of the outcome of this
exercise in that it is clear that, in some cases, landowners have not commenced work
on redevelopment for which planning permission has been given due to the current
recession. It is also the case that progress of the Site Specific Proposals process is
likely to lead to sites which are currently dormant being brought forward for
development. The Town Council’s suggestions are considered reasonable and
include the use of weedkiller on some of the sites concerned, making sure that
temporary fencing is secure, blocking up windows where panes of glass have been
broken and ensuring that a boundary wall is made safe.
Development Control Committee (East)
2
1 October 2009
In the first instance, officers will write to landowners requesting co-operation in
having works carried out to have sites tidied and kept in an acceptable condition in
the future pending redevelopment. Where it is clear that improvement works will not
be undertaken voluntarily it will be necessary to consider formal action under section
215 as well as action under other legislation.
RECOMMENDATION:
That the Committee notes the concerns of the Town Council and authorises
the Head of Planning and Building Control to serve notices under section 215
of the Town and Country Planning Act 1990 in respect of any of the sites listed
above should the landowner(s) fail to voluntarily carry out works to improve
the condition of the site to an acceptable standard.
(Source: Roger Howe, Planning Legal and Enforcement Manager ext 6016)
PLANNING APPLICATIONS
Note: - Recommendations for approval include a standard time limit condition as Condition
No.1, unless otherwise stated.
2.
HOVETON - 20090742 - Erection of single-storey dwelling and garage; 32
Stalham Road for Mr Bygrave
MINOR DEVELOPMENT - Target Date :16 Sep 2009
Case Officer :Miss C Ketteringham
(Full Planning Permission)
CONSTRAINTS
Residential Area
Class 'A' Road, within 60m
RELEVANT PLANNING HISTORY
20090450 - (Full Planning Permission) - Erection of two-storey dwelling
Refused, 03 Jul 2009
THE APPLICATION
The erection of a two bedroom bungalow within the side garden of a two-storey semidetached house. A single detached garage is also proposed. Access would be via an
existing slip road which serves adjacent properties and which links onto Stalham
Road. A privet hedgerow is proposed across the front boundary of the plot.
REASON FOR REFERRAL TO COMMITTEE
At the request of Councillor Dixon having regard to the following planning issue:
Impact of infill development on character of area.
PARISH COUNCIL
No objection, subject to monitoring that the proposed hedgerow is planted along the
frontage in order to reduce the impact upon the street scene.
REPRESENTATIONS
Five letters of objection received from local residents in properties to the rear of the
site (Waveney Drive) and on the opposite side of Stalham Road. The grounds of
objection relate to the following:
Development Control Committee (East)
3
1 October 2009
1. Overdevelopment.
2. Out of character with area.
3. Would set precedent for further infill developments in large gardens which would
have adverse impact on character of village.
4. Height obtrusive to nearby properties.
5. Loss of garden area.
6. Increased noise and disturbance.
7. If to be allowed, new dwelling should have similar materials including a thatched
roof.
8. Dwelling should be towards front of site in line with existing buildings.
9. Concern about future extensions into roof space if approved.
CONSULTATIONS
County Council (Highways) - No objection subject to conditions in relation to
access/parking provision and visibility.
Sustainability Co-ordinator - No objection subject to imposition of a condition
requiring compliance with level 2 of Code for Sustainable Homes.
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, and
Article 1 of The First Protocol: The right to peaceful enjoyment of possessions.
Having considered the likely impact on an individual's Human Rights, and the general
interest of the public, approval of this application as recommended is considered to
be justified, proportionate and in accordance with planning law.
CRIME AND DISORDER ACT 1998 - SECTION 17
The application raises no significant crime and disorder issues.
POLICIES
North Norfolk Core Strategy (Adopted September 2008):
Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and
distribution of development in the District).
Policy EN 4: Design (specifies criteria that proposals should have regard to, including
the North Norfolk Design Guide and sustainable construction).
Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability
and energy efficiency requirements for new developments).
Policy CT 5: The transport impact of new development (specifies criteria to ensure
reduction of need to travel and promotion of sustainable forms of transport).
MAIN ISSUES FOR CONSIDERATION
1. Acceptability of infill plot.
2. Impact upon character of area.
3. Impact upon neighbouring residential properties.
APPRAISAL
The application site comprises an irregular shaped plot, part of a large garden, set
between two pairs of semi-detached dwellings which front Stalham Road. The site is
within the designated residential area where the principle of new infill housing
development is acceptable subject to the normal development control policy
considerations.
Development Control Committee (East)
4
1 October 2009
The site has a recent planning history. Earlier this year planning permission was
refused for a two-storey dwelling. The reason for refusal was on the grounds that the
dwelling would appear cramped and would adversely impact on the spacious
symmetrical layout provided by the existing group of semi-detached dwellings
fronting Stalham Road. The current proposal is for a modest sized single-storey
dwelling set further back onto the plot.
In terms of plot size the site is more than adequate to accommodate the proposed
dwelling and accord with the Council's requirements in terms of garden size and
parking provision. The plot would be broadly equivalent in size to that of adjacent
properties. A large oak tree at the rear of the plot is to be retained and is sufficient
distance from the proposed dwelling. New tree planting and a boundary hedgerow is
proposed at the front of the plot.
Whilst the dwelling would be set behind adjoining properties and closer to the rear
boundary with properties on Waveney Drive, the fact that it would be single-storey
and that a combination of existing and proposed boundary fencing and hedgerows
would be in place, means that the proposal would not result in any significant loss of
amenity to neighbouring residents.
It is considered therefore that the main issue regarding the proposal is whether or not
it now overcomes the objection to the previous application with regard to impact on
the immediate character of the area.
There is no doubt that the existing 'crescent' of semi-detached properties (three pairs
in all) set back from the main road, with mature tree planting to the frontage,
contributes to the character of this part of the village. The submitted Design and
Access Statement records that they were built by the former local authority in 1921.
Unusually for such housing they were constructed with thatched roofs adding to their
particular character.
Notwithstanding this, however, the proposed bungalow would be set back some 25m
to the rear of the plot frontage and approximately 10m behind the rear of adjoining
dwellings on either side. This, together with the fact that the dwelling would be singlestorey (5m to roof ridge height) and that the part of the site on which it is to be built is
at a slightly lower level, it is considered that the dwelling would appear relatively
discreet within the street scene. Accordingly this revised proposal overcomes the
concerns relating to the earlier application for a two-storey house.
The design of the dwelling is a very simple form but rather plain. Amended plans are
expected to be submitted to 'lift' the appearance of the front elevations. Provided
these amended plans are of an acceptable design, the proposed development would
comply with the requirements of Policy EN 4 (Design).
In conclusion the proposal is considered to be in accordance with the policies of the
adopted Core Strategy and the application is therefore recommended for approval.
RECOMMENDATION:Delegated authority to approve, subject to the receipt of appropriate amended
plans and subject to the imposition of appropriate conditions.
Development Control Committee (East)
5
1 October 2009
3.
APPLICATIONS APPROVED UNDER DELEGATED POWERS
ALDBOROUGH - 20090700 - Change of use from a mixed use of residential/ A1
(retail) to residential; The Butchers Shop The Green for Mr K Lanham
(Full Planning Permission)
ASHMANHAUGH - 20090657 - Retention of portable building; Pavilion Church
Road for Ashmanhaugh Cricket Club
(Full Planning Permission)
AYLMERTON - 20090692 - Erection of single-storey rear extension; Durian
House 12a Beechwood Avenue for Mr J Pitcher
(Full Planning Permission)
BACTON - 20090721 - Erection of two-storey dwelling (renewal planning
reference: 20060848); rear of 2 and 3 Kimberley Road for Mr Wadsworth
(Outline Planning Permission)
BRUMSTEAD - 20090672 - Erection of single-storey side extensions; 1 and 2
Sand Cottages Ingham Road for H B S Farms Ltd
(Full Planning Permission)
CATFIELD - 20090708 - Erection of two-storey extension and detached garage;
Bleak House Cottages The Street for Ms Johnson
(Full Planning Permission)
CROMER - 20090710 - Erection of single-storey front extension; 35 Norwich
Road for Mr Fisher
(Full Planning Permission)
CROMER - 20071592 - Certificate of lawfulness for existing use of pavement for
siting chiller cabinet and fibre glass 'butcher'; 69 Church Street for Icarus
Hines Ltd
(Certificate of Lawfulness)
CROMER - 20090683 - Erection of single-storey side extension; 2 St Margaret’s
Close for Mr and Mrs King
(Full Planning Permission)
EAST RUSTON - 20090717 - Variation of condition 3 of planning reference:
19901063 to permit dwelling to be occupied by kennels manager/agricultural
worker; Springfield Chequers Street for Mr Bracey
(Full Planning Permission)
HAPPISBURGH - 20090686 - Continued use of garage/workshop for domestic
and ancillary commercial purposes; Kustom House North Walsham Road for
Mr and Mrs Reed
(Full Planning Permission)
HAPPISBURGH - 20090688 - Erection of pole barn; Larksfield Hall Farm Grubb
Street for Mr Berry
(Full Planning Permission)
Development Control Committee (East)
6
1 October 2009
HONING - 20090753 - Conversion of garage to form annexe accommodation
and erection of conservatory; May House Back Road for Mrs Croft
(Full Planning Permission)
HORNING - 20090739 - Erection of two-storey side extension; 3 Neatishead
Road for Dr Ridley
(Full Planning Permission)
HOVETON - 20090682 - Change of use of part of building and land to car sales
and storage; Eric Bates and Sons Ltd Horning Road West for Eric Bates and
Sons Limited
(Full Planning Permission)
HOVETON - 20090715 - Change of use from A1 (furniture showroom) to (B8)
wholesale storage and distribution; Eric Bates and Sons Ltd Horning Road
West for Eric Bates and Sons Limited
(Full Planning Permission)
KNAPTON - 20090673 - Excavation of wildlife scrape and construction of
'Kingfisher' bank; Pigneys Wood Hall Lane for N Norfolk Community Woodland
Trust
(Full Planning Permission)
KNAPTON - 20090752 - Erection of one-and-a-half-storey front and rear
extensions and raising of roof to provide accommodation in roof space; The
Spinney Mundesley Road for Mrs Farrow and Mr Merrill
(Full Planning Permission)
LUDHAM - 20090719 - Erection of single-storey front/side extension; 10 Willow
Way for Mr Mumford
(Full Planning Permission)
NORTH WALSHAM - 20090736 - Conversion and extension to provide four
flats; Winston Court Mundesley Road for Benjamin Foundation
(Full Planning Permission)
NORTH WALSHAM - 20090769 - Erection of two two-storey dwellings; 112
Mundesley Road for Mr Browne
(Planning Permission; Reserved Matters)
NORTH WALSHAM - 20090780 - Installation of car park lighting; Tungate Farm
Tungate for R Leisure
(Full Planning Permission)
OVERSTRAND - 20090536 - Erection of single-storey dwelling; 16 Pauls Lane
for Estate of L A Blogg
(Full Planning Permission)
RUNTON - 20090698 - Erection of side conservatory; North Barn Mill Lane East
Runton for Mr Kibart
(Full Planning Permission)
RUNTON - 20090772 - Erection of single-storey dwelling with accommodation
in roof-space; land at 7 Station Road West Runton for Knowles and Wright
(Planning Permission; Reserved Matters)
Development Control Committee (East)
7
1 October 2009
SEA PALLING - 20090630 - Use of land for siting 22 static caravans to replace
50 touring caravan pitches; Golden Beach Holiday Centre Beach Road for
Golden Beach Holiday Centre
(Full Planning Permission)
SMALLBURGH - 20090723 - Erection of single-storey side extension; Kida's
Dream Low Street for Mr Allen
(Full Planning Permission)
SOUTHREPPS - 20090691 - Erection of single-storey replacement side/rear
extension; Lilac Cottage Pit Street for Mr and Mrs Burrell
(Full Planning Permission)
STALHAM - 20090671 - Change of use from A1 (retail) to A3 (cafe); Sizz Bizz,
119 High Street for Mrs Cutting
(Full Planning Permission)
SUFFIELD - 20090716 - Siting of storage containers and erection of screen
fence; 1 Corner Cottage North Walsham Road for Mr Sheppey
(Full Planning Permission)
SWAFIELD - 20090676 - Continued use of land for the stationing of five storage
containers and a portable office including revised siting of container one and
erection of screening fence; The Farm Shop The Street for Mr Human
(Full Planning Permission)
WALCOTT - 20090610 - Conversion of barn to one unit of holiday
accommodation; Malthouse Barn Coast Road for Mr Love
(Full Planning Permission)
WORSTEAD - 20090746 - Installation of non-illuminated village sign; The
Fairstead Honing Road Worstead Lyngate for Worstead Parish Council
(Non-illuminated Advertisement)
4.
APPLICATIONS REFUSED UNDER DELEGATED POWERS
BACTON - 20090707 - Installation of replacement windows; Keswick Cottages,
4 Keswick Road for Mr Daglish
(Alteration to Listed Building)
CROMER - 20090648 - Retention of replacement windows; 5 Haverhill House 13
Bond Street for Mr Stowe
(Full Planning Permission)
CROMER - 20090747 - Subdivision of dwelling into two dwellings; Band of
Hope Hall Cross Street for Mr Miller
(Full Planning Permission)
HANWORTH - 20090727 - Re-construction of derelict dwelling; Taylor's Lodge,
Gunton Park White Post Road for Mr Sawyer
(Full Planning Permission)
Development Control Committee (East)
8
1 October 2009
APPEALS SECTION
5.
NEW APPEALS
No items.
6.
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
No Items.
7.
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
HAPPISBURGH - 20090308 - Raising of roof and construction of dormer
windows; Twee Cottage The Street for Mrs Huggins
SITE VISIT: - 09 Sep 2009 U/ACC
SUFFIELD - 20081718 - Retention of opening door in place of approved screen;
7 Cooks Farm Rectory Road for D & M Hickling Properties Ltd
8.
APPEAL DECISIONS
No items
Development Control Committee (East)
9
1 October 2009