OFFICERS' REPORTS TO
DEVELOPMENT CONTROL COMMITTEE (EAST) - 6 AUGUST 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 - ITEM FOR DECISION
1.
MUNDESLEY – Wesley Close
Recommendation for prosecution under Section 210 of the Town and Country
Planning Act 1990 for carrying out unauthorised work to trees protected by a Tree
Preservation Order.
Background
A member of the public telephoned a Landscape Officer on 1 June 2009 to report
that trees at Wesley Close, Mundesley were being trimmed inappropriately.
The trees are subject to a Tree Preservation Order (TPO 609) and no consent has
been given for works to the protected trees.
The Officer visited the site to discover that three Sycamore trees were being reduced
on the western boundary of No.6 Wesley Close, Mundesley. The Officer met the
owner and took photographs of the trees and the cuttings.
The owner attended two formal interviews under caution conducted under the Police
and Criminal Evidence Act.
In the initial interview the owner stated he had done the work because he was
worried about safety. He knew the trees were protected by a Tree Preservation
Order but thought he could work on the trees as long as he did not kill them. He
added that he was not an arborist and did not have any tree surgery qualifications,
nor did he get a professional report on the trees.
At the second interview the owner confirmed that he had worked on the three trees
without written permission from the Local Planning Authority. He was unaware that
he needed written permission from the Council for the work. He presumed that an
earlier permission given to a tree surgeon to reduce the trees by 25% would allow
him to do the work. He had worked on the trees as he was concerned about safety
and particularly the trees swaying in the wind.
Summary
Damaging a tree protected by a Tree Preservation Order is an offence of strict
liability under Section 210 of the Town and Country Planning Act 1990. The trees
are protected by a Tree Preservation Order and the Council did not give permission
to the owner to carry out works to the three Sycamore trees.
The owner referred to a permission given to a tree surgeon to reduce the trees as a
defence. The permission was for a reduction of 25% and was out of date as it states
it is for a period of two years. In any event, the owner had reduced the crowns of the
trees by more than 25%.
Development Control Committee (East)
1
6 August 2009
Main Issues for Consideration
The Committee is asked to consider the following options:
1. To authorise a prosecution under Section 210 of the Town and Country
Planning Act 1990 for the offence of carrying out unauthorised work to trees
protected by a Tree Preservation Order.
2. To serve a formal written caution on the owner.
3. To send a warning letter to the owner.
RECOMMENDATION :That authorisation be given for prosecution under Section 210 of the Town and
Country Planning Act 1990 for the offence of carrying out unauthorised work to
trees protected by a Tree Preservation Order.
(Source: Simon Case, Extn 6142 – File Reference: Wesley Close)
PUBLIC BUSINESS - ITEMS FOR DECISION
PLANNING APPLICATIONS
Note :- Recommendations for approval include a standard time limit condition as Condition
No.1, unless otherwise stated.
2.
CROMER - 20090584 - Continued use of former hotel as residential dwelling;
The Bath Hotel Promenade for Dr and Mrs Connell
Target Date :06 Aug 2009
Case Officer :Mr J Williams
(Full Planning Permission)
CONSTRAINTS
Public Realm
Town Centre
Conservation Area
RELEVANT PLANNING HISTORY
20000907 - (Full Planning Permission) - Alterations and extension to form kitchen
and entrance lobby
Approved, 06 Dec 2000
20080405 - (Certificate of Lawfulness) - Certificate of Lawfulness for existing use as
residential dwelling
Refused
THE APPLICATION
Seeks permission to use the Bath House which was formerly a hotel as a single
dwellinghouse. The application is retrospective. The property is converted and
occupied as a single dwellinghouse comprising four bedrooms and associated living
accommodation.
The application is accompanied by a supporting statement. A copy of the conclusions
and a further explanatory statement are attached in Appendix 1. A copy of the full
statement can be viewed on the Council's website and is available to Members on
request.
Development Control Committee (East)
2
6 August 2009
REASON FOR REFERRAL TO COMMITTEE
Required by the Head of Planning and Building Control following the deferral of a
report regarding enforcement action at the meeting of this Committee in June
following submission of this application.
TOWN COUNCIL
Object on the following grounds: The Members feel the words 'Continued use' is not
appropriate as the property has never been designated as a residential dwelling. It is
strongly felt that the public house and hotel facility is needed and the Town Council
would not like this facility lost to the residents of Cromer.
The previous owners of the property employed seven members of staff on a full time
basis throughout the year and between ten and eleven part time staff in the peak
periods. We therefore feel that it is important for employment especially at a time
when unemployment is high in the area.
The demand for this kind of facility has increased over the recent years with the
season extending. The Pier Theatre is open at Christmas and there are various
events throughout the year, which bring tourists into Cromer.
Finally, the Members feel the facility of a public house and hotel has been
deliberately taken out of use without any consultation.
REPRESENTATIONS
Eleven letters of objection received on the following grounds:
1. Counter to Cromer's regeneration.
2. Loss of potential employment.
3. Sterilises the seafront.
4. Building should be 'open to the public'.
5. Should not be a private dwelling for historical, aesthetic and communal reasons.
6. Promenade deserves 'thriving hostelry'.
7. Should remain as a hotel and bar.
Letter of objection received from Cromer Preservation Society (see Appendix 1) on
following grounds:
1. Bath House is a crucial part of Cromer's most important tourist asset, the seafront.
2. Change of use to residential would fail to acknowledge the recreational character
and setting of the Promenade.
3. The Bath House has become a lifeless and forlorn building.
4. Do not accept Bath House is no longer viable as a hotel\catering outlet.
5. Proposal runs counter to the Local Development Framework.
Twenty-one letters of support received citing the following reasons:
1. Refurbishment building is a visual enhancement to its former condition when it was
a hotel\public house.
2. Building was previously in a derelict state.
3. Has improved the character of Cromer's seafront.
4. Other hotel\public house facilities on the sea frontage.
5. Concern regarding the 'Save the Bath House Campaign'.
6. Applaud efforts and investment by owners in improving the building without public
subsidy.
CONSULTATIONS
Economic and Tourism Development Manager - Awaiting comments.
Development Control Committee (East)
3
6 August 2009
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 SS 5: Economy (strategic approach to economic issues).
Policy SS 7: Cromer (identifies strategic development requirements).
Policy EN 5: Public realm (proposals should enhance the appearance and usability of
these areas).
Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive
development and specifies requirements relating to designated assets and other
valuable buildings).
Policy EC 8: Retaining an adequate supply and mix of tourist accommodation
(specifies criteria to prevent loss of facilities).
Policy CT 3: Provision and retention of local facilities and services (specifies criteria
for new facilities and prevents loss of existing other than in exceptional
circumstances).
MAIN ISSUE FOR CONSIDERATION
Loss of former hotel premises.
APPRAISAL
Background
The Bath House is an attractive two-storey detached building located centrally on
Cromer's promenade. The present building dates back to the mid 19th Century. It
rates among one of Cromer's most recognised buildings.
The building closed as a hotel in 1998. Planning permission was granted in 2000 for
alterations and an extension to form a new kitchen. The intention at that time and
subsequent expectation was that the Bath House would re-open as a hotel\guest
house with restaurant\bar facilities. The building has since been refurbished internally
and externally, but not extended.
More recently Members will be aware of the application for a Certificate of
Lawfulness for the use of the building as a single dwellinghouse. The application was
refused by this Committee on 14 May 2009 on grounds that it was not considered, on
the balance of probabilities, that the use had existed for a continuous period of four
years prior to the application being submitted. At that meeting the Committee
resolved that consideration of any enforcement action be deferred until the following
meeting and in the meantime the applicants be invited, without prejudice, to submit a
planning application. Although a report was prepared for the meeting in June to
consider enforcement action, this was deferred following the subsequent submission
of this planning application.
Development Control Committee (East)
4
6 August 2009
Although the Council has refused the Certificate of Lawfulness application the
building is now fully converted and occupied as a single dwellinghouse. The property
comprises four bedrooms and associated accommodation.
Whereas the application for the Certificate of Lawfulness was considered on factual
matters, this planning application needs to be determined in accordance with the
statutory Development Plan (principally the adopted Core Strategy) unless material
considerations indicate otherwise.
Policy Considerations
The Bath House is shown to be within the settlement boundary of Cromer which is
defined as a Principal Settlement in the Core Strategy. On the Proposals Map for
Cromer the Bath House lies within the Town Centre designation (but is outside the
defined Primary Shopping Area). It is also within the Public Realm designation and
the Conservation Area.
Policy SS 5 'Economy' makes the following reference to town centre designations:
"The role of town centres as a focus for a broad range of shopping, commercial,
cultural and other uses will be supported. Other than on identified Retail Opportunity
Sites, residential proposals will be permitted where they do not result in the loss of
shops or other main town centres uses located within a defined Primary Shopping
Area ...."
As the Bath House is not a Retail Opportunity Site nor is it within the Primary
Shopping Area, its use as a dwellinghouse does not conflict with this policy.
Policy EC 8 'Retaining an Adequate Supply and Mix of Tourist Accommodation',
states as follows:
"Development proposals that would result in the loss of sites or premises currently, or
last used for, tourist accommodation will be permitted provided that:
1. alternative provision of equivalent or better quality and scale is available in the
area or will be provided and made available prior to commencement of
redevelopment; and
2. the facility does not provide an important local facility or service to the community;
or
3. it can be demonstrated that there is no reasonable prospect of retention at its
current site; and that an independent viability test has demonstrated that the use is
no longer viable and that all reasonable efforts have been made to sell or let the
property at a realistic price for a period of at least 12 months."
For the purposes of this policy 'tourist accommodation' is defined as including hotels
and other serviced accommodation which provide five or more bedrooms. The Bath
House closed in 1998. Plans submitted with the Certificate of Lawfulness application
appear to indicate that at the time of closure there were seven guest bedrooms on
the first floor. Plans approved under the 2000 planning permission indicate six
bedrooms. As now converted the building only has four bedrooms. (The Bath House
is not listed and therefore no specific permission has been necessary to undertake
internal alterations.) The applicants, in their supporting statement, point out that as a
matter of fact the building does not now fall into the policy definition of tourist
accommodation.
Development Control Committee (East)
5
6 August 2009
Arguments can be made for or against whether Policy EC 8 should apply in this case.
It depends at what point in time the definition of 'tourist accommodation' is applied.
The first test of the policy, however, in allowing a change of use, is whether there is
alternative provision of equivalent or better quality and scale available in the area. In
the case of Cromer there is a wide selection of hotel and guest house
accommodation. In the immediate vicinity there is the Hotel de Paris and the Red
Lion Hotel. The availability of these hotels along with many others in Cromer
represent an equivalent (and from all accounts) a much better quality of
accommodation than was previously provided by the Bath House. In terms of scale
there are significantly larger hotels in the area. In summary therefore it is
questionable whether the definition of tourist accommodation in the context of Policy
EC 8 applies in this case, but in any case the proposed change of use is not contrary
to the policy in this particular sense.
The second test of Policy EC 8 is whether the building in question provides an
important local facility or service to the community. The definition given to such a
facility or service includes a public house "which is the last of its kind within a
Principal or Secondary Settlement or Service Village". The Bath House previously
included a public house facility, but clearly there are a number of other public houses
in Cromer, so its loss does not conflict with this part of the policy.
It can be concluded from the above, therefore, that the application is not contrary to
the first two tests of Policy EC 8. The third test only applies if the first two are not
met.
Policy EN 5 relates to areas designated as Public Realm. In Cromer this area
includes the town centre and seafront. The policy expects proposals to enhance the
overall appearance and usability of the area. The Bath House occupies a prime
central position on the seafront. The building has been substantially renovated and
improved in the period since its closure as a hotel\public house. This has represented
an enhancement to the area in terms of appearance. The conversion to wholly
residential use does not enhance the building's own public usability but does not
affect that of the overall seafront. Members are entitled to take into account the loss
of the building's former use in relation to this policy, but should bear in mind that it
was last used as a hotel over 10 years ago. Since then the seafront has undergone a
considerable renaissance in terms of enhancements to the promenade, pier and the
development of the Rocket House. Moreover the purpose of the Public Realm
designation in Cromer is explained as follows in Policy SS 7:
"A Public Realm designation is defined to coordinate the use of areas where
pedestrian access, informal recreation and appearance are crucial to the town's
attractiveness to residents and visitors i.e. town centre, historic cliff top parks and
promenade."
In relation to Policy EN 5 the applicants make the following points in their supporting
statement:
"Whilst the application seeks the change of use from a building that the public were
once able to use, the public usability of the building ceased in 1998, eleven years
ago, and since this date a number of other public buildings and facilities have been
created, notably in the seafront area, including the Rocket House restaurant and
RNLI Museum and the upgraded pier with its new restaurant. The premises are not,
and never have been, in public ownership and accordingly whatever the lawful use,
the owners are at full liberty to restrict or prevent public access at any point. The
current application does not, and cannot, fetter those private property rights."
Development Control Committee (East)
6
6 August 2009
Policy EN 8 states that proposals should preserve or enhance the character and
appearance of Conservation Areas. Again it can be said that the works which have
been done to the Bath House have enhanced the appearance and physical character
of the seafront. Permitting the current application would have no impact on the
appearance of the area and limited impact on its character.
Conclusions
Members will be aware of the local controversy surrounding the fact that contrary to
the owner's original intentions and public expectation, the Bath House has not reopened as a hotel, and that it has instead been converted into a dwellinghouse. The
purpose of the current application is to regularise the existing use.
The previous application for the Certificate of Lawfulness prompted a considerable
level of objection from certain sectors of the local community. Similar objections, on
the basis that the building should be re-opened as a hotel\public house, have been
received in response to this planning application. However Members will note that
there is a balance to public opinion, and a number of letters have been received in
support of the application.
Notwithstanding the fact that there is a certain attraction to the prospect of the
building reverting back to its former use, this planning application needs to be
determined in accordance with current Development Plan policy. It is considered that
the use of the building as a dwellinghouse accords with the relevant policies of the
recently adopted Core Strategy. Furthermore there would appear to be no material
considerations of such significance as to outweigh the application being determined
in accordance with these policies.
The application is therefore recommended for approval, subject to a condition
removing permitted development rights in order to retain control over any future
proposed extensions or external alterations.
RECOMMENDATION:CONDITIONS:-
APPROVE,
SUBJECT
TO
THE
FOLLOWING
1) Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 1995, (or any Order revoking, amending or reenacting that Order with or without modification) no enlargement of or
alteration to the dwelling hereby permitted (including the insertion of any
further window or rooflight) shall be undertaken and no building, structure or
means of enclosure within the curtilage of the dwelling shall be erected unless
planning permission has been first granted by the Local Planning Authority.
REASONS:1) To safeguard the character and appearance of the dwelling and its sensitive
setting in accordance with Policy EN 8 of the adopted North Norfolk Core
Strategy.
Development Control Committee (East)
7
6 August 2009
3.
RUNTON - 20090663 - Erection of single-storey dwelling; plot, St Andrews
Lower Common East Runton for K Monaghan and G Baker
MINOR DEVELOPMENT - Target Date :27 Aug 2009
Case Officer :Mrs R Partridge
(Full Planning Permission)
CONSTRAINTS
Countryside Policy Area
Conservation Area
RELEVANT PLANNING HISTORY
19860552 - Single-storey detached dwelling
Approved, 17 Jun 1986
19882677 - (Outline Planning Permission)
dwelling and garage
Approved, 29 Dec 1988
19931298 - (Outline Planning Permission)
dwelling and garage
Approved, 30 Dec 1993
19981457 - (Outline Planning Permission) garage
Approved, 15 Dec 1998
20011574 - (Outline Planning Permission) garage
Approved, 11 Feb 2002
20042143 - (Outline Planning Permission) garage
Approved, 07 Feb 2005
20071721 - (Outline Planning Permission) garage
Approved, 17 Dec 2007
- Erection of single-storey detached
- Erection of single-storey detached
Erection of single-storey dwelling and
Erection of single-storey dwelling and
Erection of single-storey dwelling and
Erection of single-storey dwelling and
THE APPLICATION
The erection of a single-storey dwelling.
REASON FOR REFERRAL TO COMMITTEE
At the request of Councillor Perry-Warnes having regard to the following planning
issue:
Design in relation to character of East Runton.
PARISH COUNCIL
Awaiting comments.
REPRESENTATIONS
Ten letters have been received from local residents objecting on grounds of:
1. Design and construction not in keeping with the surrounding properties.
2. Not compatible with general area and designated Conservation Area.
3. Visible from Shepherds Close.
4. Private amenity area less then dwelling and majority hard surface.
5. Windows\door close to boundary does not comply with regulations.
6. Lack of visitor parking.
Members should note that eight of the letters are of the same format and content.
Development Control Committee (East)
8
6 August 2009
CONSULTATIONS
Building Control Manager - No objection subject to confirmation of width of drive.
Conservation Design and Landscape Manager (Design) - The proposal will not
impact on the character and appearance of the Conservation Area; therefore there is
no overriding objection to the application. See Appendix 2 for full comments.
County Council (Highways) - No objection.
Sustainability Co-ordinator - No objection subject to imposition of condition to ensure
the proposal achieves Code Level 2 rating of construction.
Environmental Health Manager - Awaiting comments.
HUMAN RIGHTS IMPLICATIONS
It is considered that the proposed development may raise issues relevant to
Article 8 : The right to respect for private and family life, 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 EN 4: Design (specifies criteria that proposals should have regard to, including
the North Norfolk Design Guide and sustainable construction).
Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive
development and specifies requirements relating to designated assets and other
valuable buildings).
Policy SS2: Development in the Countryside (prevents general development in the
countryside with specific exceptions).
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).
Policy CT 6: Parking provision (requires compliance with the Council's car parking
standards other than in exceptional circumstances).
MAIN ISSUES FOR CONSIDERATION
1. Principle of the development.
2. Impact on Conservation Area.
3. Design.
APPRAISAL
The application site is a compact plot of land to the rear of St Andrews Church within
the designated East Runton Conservation Area. The site has an extensive planning
history of outline approvals for a single-storey dwelling dating back to 1986.
This application is for full permission and would normally be contrary to Policy SS 2
as East Runton is designated Countryside as defined in the adopted Core Strategy.
In the light of the planning history and the fact that development could legitimately
Development Control Committee (East)
9
6 August 2009
take place over the next sixteen months it is considered reasonable to allow
development subject to a similar implementation period to that of the extant outline
permission which expires on 17 December 2010.
The site is accessed off a private drive which also serves the neighbouring twostorey dwelling west of the site. The boundary treatment along three sides consists of
fencing having a mix of styles and height interspersed with variety of ornamental
shrubs and trees. The north-western boundary consists of 1.6m brick wall in part and
a bank with sparse hawthorn hedging along the top. The site has limited views from
the public domain.
The surrounding area comprises a mixture of dwellings in terms of scale, design and
materials, with no specific local distinctiveness. West of the site is a brick and flint
two-storey dwelling, whist to the north west (Shepherd Close) are predominantly
single-storey dwellings of various materials.
The application seeks a single storey dwelling, designed to a contemporary 'L shape'
specification comprising two mono-pitch elements linked by a flat roof section. With
the exception of a door and a secondary window to the lounge on the west elevation
and a secondary bedroom window on the south elevation all main windows to the
living areas face into the site and the designated private amenity area. The north
elevation is blank. The dwelling has been designed to maximise solar gain with the
installation of solar glazing to the main living areas.
The building has been designed to avoid overlooking or overshadowing of the
neighbouring properties. The height of the building along the northern elevation
would be 4m, the west elevation flat roof would have a height of 2.3m (including the
celestry) and the west elevation mono roof section a height of 3.7m, reducing to
2.2m. (For comparison, a traditionally designed single-storey dwelling would have a
ridge height of approximately 5m with an eaves height of some 2.7m.)
The Basic Amenity Criteria as recommended in the Design Guide paragraph 3.3.10
are in most parts achieved, but the proposal falls short by approximately 1.5m along
the northern boundary. The adjacent single-storey dwelling has kitchen and
bathroom windows within approximately 7m of the proposed blank north elevation.
However, given to the low profile of the proposal, it is considered that this is unlikely
to have an adverse effect on neighbours' amenities. It is recommended that obscured
glazing be required for the utility door on the west elevation.
The materials proposed for the walls are white stained boarding predominantly to the
south and west elevations, the north and east being white painted rendered with a
sedum finish to the pitched roof and membrane to the flat element. The white finish
has the potential for a stark appearance in contrast to its surroundings, but the
sedum roof would integrate the dwelling into the surrounding vegetation, reducing its
visual impact.
The majority of the amenity area is shown to the front of the dwelling, but the main
access to the dwelling is via this area; this therefore raises the issue of whether or
not this, by definition of the Design Guide, is 'private amenity area'. The dwelling
would screen this area from the immediate neighbours, so the potential for
overlooking would arise from usage of the access serving the dwelling west of the
site. This could be overcome by replacing the existing 1.8m open trellis fence panels
with a 2m close boarded fence.
Development Control Committee (East)
10
6 August 2009
The parking and turning area is allocated to the east of the site, with a 2m close
boarded fence on the boundary with the school. Parking provision complies with
Design Guide parking standards.
It is considered that the proposal is a low key development which would have
minimum impact on the Conservation Area, thus preserving its character.
In conclusion it is considered that the proposal accords with the Development Plan
policy and approval is recommended, subject to clarification of the drive width.
RECOMMENDATION:Delegated approval subject to clarification of the drive width and to the
imposition of appropriate conditions.
4.
SUFFIELD - 20090625 - Retention of brick and flint court yard walls and
perimeter fencing; Cooks Farm Rectory Road for D and M Hickling Property Ltd
MINOR DEVELOPMENT - Target Date :17 Aug 2009
Case Officer :Mr Thompson\Mr Took
(Full Planning Permission)
CONSTRAINTS
Countryside Policy Area
RELEVANT PLANNING HISTORY
19961612 - (Full Planning Permission) - Conversion of agricultural barns to holiday
accommodation
Approved, 24 Oct 1997
20051696 - (Full Planning Permission) - Change of use of former agricultural
buildings to six units of holiday accommodation
Approved, 19 Dec 2005
20061927 - (Full Planning Permission) - Conversion of barns to three units of holiday
accommodation
Approved, 10 Sep 2007
20071381 - (Full Planning Permission) - Conversion of barns to six units of holiday
accommodation
Refused, 20 Dec 2007
Appeal Dismissed, 04 Nov 2008
20071627 - (Full Planning Permission) - Variations to approved scheme to include
new vehicular access, erection of walls and installation of three LPG vessels with
security fence
Refused, 17 Dec 2007
20080441 - (Full Planning Permission) - Variation of condition numbers 2 of planning
permissions 20051696 and 20061927 to retain nine holiday units as constructed
Refused, 12 May 2008
20080874 - (Full Planning Permission) - Retention of buildings as constructed subject
to alterations to provide for a total of eight units of holiday accommodation, erection
of courtyard walls and installation of LPG tanks
Approved, 07 Aug 2008
20081718 - (Full Planning Permission) - Retention of opening door in place of
approved screen
Refused, 10 Feb 2009
Development Control Committee (East)
11
6 August 2009
THE APPLICATION
To retain 1.2m high brick and flint walls within the courtyards on the southern side of
the barn, 1m and 1.8m high willow weave screen fencing around the car park area on
the northern side of the main barns and 0.6m high post and rail fence to the south of
unit 8 (part of the main roadside barn) and along the southern boundary of the
meadow area north of units 1 and 3 and west of unit 9.
REASON FOR REFERRAL TO COMMITTEE
At the request of Councillor Wilkins having regard to the following planning issue:
Impact of the walls and fences on the setting of the buildings.
PARISH COUNCIL
Objects - proposal would further erode the former agricultural nature of the barns (full
comments at Appendix 3).
REPRESENTATIONS
Objections from three local residents, damaging to character and setting of barns.
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 EC 2: The re-use of buildings in the Countryside (specifies criteria for
converting buildings for non-residential purposes).
MAIN ISSUE FOR CONSIDERATION
Impact of walls and fences on the setting of the buildings.
APPRAISAL
The walls and fences subject to this application would normally be permitted
development, being less than 2m high and not adjacent to a highway. However, in
this case the permission under which the development has been largely completed
contains a condition withdrawing permitted development rights. The effect of this is
that any walls, fences or other means of enclosure will need a specific grant of
permission. Notwithstanding this the walls and fences have been constructed and the
application seeks permission to retain them.
On the southern side of the barns the walls comprise 1.2m high brick and flint walls
with a ridge tile capping. These walls subdivide the spaces between the projecting
wings of the building and from outside the site are not visible beyond the east-west
screen wall which was constructed as part of the permitted conversion. Although at
close quarters they compromise the open feel of the courtyards between the
projecting wings of the building they do not have any adverse impact on the
appearance of the group of buildings in the wider landscape, or on the landscape
setting of the buildings. The post and rail fence on the south side of the buildings
Development Control Committee (East)
12
6 August 2009
separates the car park from the private area associated with barn 8 and protects the
planting from damage from vehicles. At a height of approximately 0.6m it has no
discernible impact in the wider landscape and will become even less visible as the
planting (a laurel hedge) matures.
On the northern side of the barns the fencing comprises a 0.6m high post and rail
fence parallel to the north wall of the barn and approximately 8m away from it, a 1.8m
and 1m willow weave screen around the car parking area for unit 9 and a 0.6m high
post and rail fence approximately 8m away from the west wall of unit 9. The post and
rail fences serve to protect the landscaped areas and meadow area to the north and
west of the barns are relatively minor features in the landscape which have minimal
impact on the character and landscape setting of the barns. The willow weave fences
serve to screen the car parking area and separate it visually from the landscaped
area beyond. Although theses fences are visible from the road through the gap
between units 7 and 9 they are not in themselves intrusive and have a strictly limited
impact on the wider landscape.
Policy EC 2 of the core strategy contains a requirement that the proposed alterations
protect or enhance the character of the building and its setting. The walls and fences
as constructed are not considered to have any significant adverse impact on the
character or setting of the converted buildings and granting permission would
therefore be in accordance with Core Strategy policy.
RECOMMENDATION:- APPROVE
5.
APPLICATIONS APPROVED UNDER DELEGATED POWERS
AYLMERTON - 20090292 - Conversion of outbuilding to ancillary residential
accommodation; Park Wall Farm Park Road for Mr and Mrs Colman
(Full Planning Permission)
AYLMERTON - 20090453 - Erection of grain store; land off Church Road for Mr
Medler
(Planning Permission; Reserved Matters)
AYLMERTON - 20090546 - Installation of solar panels; Dwelling adjacent 1
Beechwood Avenue for Mr S Peck
(Full Planning Permission)
BARTON TURF - 20090526 - Extension and conversion of garage to provide
annexe; Berry Lodge Berry Hall Road for D Drake and Son
(Full Planning Permission)
BRUMSTEAD - 20090310 - Change of use from B2 (industrial) to B8 (storage);
The Old Barn, Old Barn Farm Old Barn Road for Mr Turner
(Full Planning Permission)
CATFIELD - 20090401 - Conversion of garage to annexe and erection of link
extension; Bluebell Cottage Potter Heigham Road for Mr B Jones
(Full Planning Permission)
COLBY - 20090485 - Erection of two-storey\single-storey side extension and
detached double garage; Brambles Church Road for Mr Macro
(Full Planning Permission)
Development Control Committee (East)
13
6 August 2009
COLBY - 20090495 - Certificate of lawfulness for existing use of land for siting
amateur radio aerial; 13 Church Close Banningham for Mr Balding
(Certificate of Lawfulness)
CROMER - 20090382 - Erection of single-storey side extension; Colombo 54
Mill Road for Mr Pathirage
(Full Planning Permission)
CROMER - 20090456 - Erection of 1.8m high boundary wall; 50 Cromwell Road
for Mr and Mrs Richards
(Full Planning Permission)
CROMER - 20090420 - Change of use of ground floor from class A5 (hot food
take-away) to class D1 (beauty salon); 18 Garden Street for M and P Bumphrey
Builders Limited
(Full Planning Permission)
CROMER - 20090470 - Conversion of A1 retail to A1 retail and two- storey
dwelling and flat; 9 High Street for Market Street Properties
(Full Planning Permission)
CROMER - 20090499 - Display of internally illuminated advertisement and nonilluminated advertisement at rear of building; Unit C North Norfolk Retail Park
Holt Road for Halfords Ltd
(Illuminated Advertisement)
CROMER - 20090506 - Alterations to shop to facilitate conversion to shop, twostorey dwelling and flat; 9 High Street for Market Street Properties
(Alteration to Listed Building)
CROMER - 20090571 - Change of use from one flat to two flats; The Penthouse
8\10 Cadogan Road for Mr Murrell and Mrs Cooper
(Full Planning Permission)
EAST RUSTON - 20090507 - Conversion of garage and outbuilding to one unit
of holiday accommodation; The Cottage Chequers Street for Mrs Morris
(Full Planning Permission)
EAST RUSTON - 20090508 - Erection of first floor extension; The Cottage
Chequers Street for Mrs Morris
(Full Planning Permission)
ERPINGHAM - 20090360 - Erection of cart shed\store; Littlewood Lodge Butts
Common Banningham Road Ingworth for Mr P Clifford
(Full Planning Permission)
ERPINGHAM - 20090367 - Erection of single-storey rear extension; Tudor Rose
The Street Calthorpe for Mr Barrett
(Full Planning Permission)
ERPINGHAM - 20090460 - Erection of two-storey extension incorporating first
floor conservatory; Alvermead School Road for Mr and Mrs Compston
(Full Planning Permission)
Development Control Committee (East)
14
6 August 2009
ERPINGHAM - 20090486 - Erection of first floor extension; The Corner House
School Road for Mr Jeavons
(Full Planning Permission)
FELBRIGG - 20090518 - Retention of log cabin for ancillary use; Willow Down
211 Holt Road Cromer for Mr and Mrs Nightingale
(Full Planning Permission)
GIMINGHAM - 20090422 - Erection of first floor side extension and single
storey rear extension; 2 Harvey Estate for Mr Bumfrey
(Full Planning Permission)
GIMINGHAM - 20090519 - Erection of one and half storey side\front extension
and single-storey side extension; Roseacre Back Mundesley Road for Ms Gotts
(Full Planning Permission)
HAPPISBURGH - 20090394 - Erection of single-storey timber building to
provide additional living accommodation; 10 Doggetts Lane for Mr O'Meary and
Dr Lockley
(Full Planning Permission)
HAPPISBURGH - 20090446 - Installation of flue; The Little Barn Whimpwell
Street for Mr and Mrs Price
(Full Planning Permission)
HAPPISBURGH - 20090477 - Erection of first floor side extension; Clover Lodge
The Common for Clover Childcare Services Ltd
(Full Planning Permission)
HAPPISBURGH - 20090494 - Installation of replacement doors and windows
opening of bricked-up windows and installation of kitchen extractor fan; 2
Lighthouse Cottages Lighthouse Lane for Dr Cullingford
(Alteration to Listed Building)
HICKLING - 20090457 - Construction of verandah; 10 Heron Way for Mr Templar
(Full Planning Permission)
HONING - 20090370 - Erection of shed; South Barn Crostwight Hall Heath Road
Crostwight for Mrs Catton
(Full Planning Permission)
HONING - 20090463 - Installation of burglar alarm; Canal Farm Station Road for
Mr Brewer
(Alteration to Listed Building)
HOVETON - 20090338 - Erection of two two-storey replacement dwellings and
garages; 2 Two Saints Farm Cottage Tunstead Road for Adrian Jones
(Full Planning Permission)
HOVETON - 20090476 - Erection of two-storey side extension; 16 Littlewood
Lane for Mr Hoffman
(Full Planning Permission)
Development Control Committee (East)
15
6 August 2009
HOVETON - 20090514 - Erection of single-storey rear extension; 68 Two Saints
Close for Mr Fairhead
(Full Planning Permission)
HOVETON - 20090570 - Formation of vehicular access and driveway; 29
Stalham Road for Mr Balsom
(Full Planning Permission)
INGHAM - 20090396 - Erection of summerhouse; Rookery Barn Sea Palling
Road for Mr G A Richardson
(Full Planning Permission)
INGHAM - 20090473 - Erection of single-storey side extension; Lorien Sydney
Street for Mr Wade
(Full Planning Permission)
KNAPTON - 20090412 - Construction of roof to tank enclosure; Royston Bridge
Water Works Hall Lane North Walsham for Anglian Water Services
(Full Planning Permission)
KNAPTON - 20090433 - Erection of single-storey front extension; 18 Lawn
Close for Mrs Winter
(Full Planning Permission)
LESSINGHAM - 20090348 - Erection of replacement conservatory; Larksong
Seaside Lane Eccles-On-Sea Bush Estate for Mr Reay
(Full Planning Permission)
LESSINGHAM - 20090488 - Erection of detached garage; Harmony School Road
for Mr Fleming
(Full Planning Permission)
MUNDESLEY - 20090373 - Erection of 1.8m high boundary fence; 17 Hilda Road
for Mr G George
(Full Planning Permission)
MUNDESLEY - 20090377 - Erection of single-storey side extension, front porch
and detached double garage and formation of vehicular access; 12 Knapton
Road for Mr Hoskin
(Full Planning Permission)
NEATISHEAD - 20090350 - Raising height of roof to facilitate provision of living
accommodation in roofspace; Holly Lodge School Road for Mrs Philips
(Full Planning Permission)
NEATISHEAD - 20090440 - Conversion of barn to residential annexe; Southview
Sows Loke for Mrs Southgate
(Full Planning Permission)
NEATISHEAD - 20090481 - Erection of single-storey rear extension; Street Hill
Farm The Street for Mr and Mrs Loveday
(Full Planning Permission)
Development Control Committee (East)
16
6 August 2009
NEATISHEAD - 20090490 - Conversion of part barn to form toilet facilities;
Street Hill Farm The Street for Mr Loveday
(Full Planning Permission)
NORTH WALSHAM - 20090480 - Erection of two single-storey dwellings; land
adjacent 6 Bainbridge Close for Orbit Housing Group
(Full Planning Permission)
NORTH WALSHAM - 20090424 - landscaping works and erection of changing
rooms and canopies; North Walsham Chalet Park Ltd Bacton Road for
Walsham Chalet Park Ltd
(Full Planning Permission)
NORTH WALSHAM - 20090471 - Erection of shed; 15 Wooll Drive for Mr
Canham
(Full Planning Permission)
NORTH WALSHAM - 20090537 - Erection of rear conservatory; 9 Hamlet Close
for Mr Howe
(Full Planning Permission)
NORTH WALSHAM - 20090267 - Erection of B8 (warehouse); 13 Cornish Way
for Calypso Coffee Company
(Full Planning Permission)
NORTH WALSHAM - 20090376 - Erection of front boundary wall; 3 Thirlby Road
for Mrs P Baggott
(Full Planning Permission)
NORTH WALSHAM - 20090380 - Erection of 2.4m high boundary wall; 29
Norwich Road for Mr Thomas
(Full Planning Permission)
NORTH WALSHAM - 20090381 - Erection of single-storey side extension; 4
Skeyton View for Mr Hall
(Full Planning Permission)
NORTH WALSHAM - 20090387 - Erection of B8 (wholesale distribution) unit; 6a
Cornish Way for Mr R Heare
(Full Planning Permission)
NORTH WALSHAM - 20090419 - Erection of single-storey front extension; 52
Cromer Road for Mr Holt
(Full Planning Permission)
NORTH WALSHAM - 20090520 - Change of use from A1 (retail) to a mixed use
of A1 (retail) and family entertainment centre; 35 Market Place for Mr Sullivan
(Full Planning Permission)
NORTH WALSHAM - 20090541 - Erection of temporary 50 metre high
meteorological mast; Field adjacent Grammar School Farm Cromer Road for
Mrs Hull
(Full Planning Permission)
Development Control Committee (East)
17
6 August 2009
NORTH WALSHAM - 20090543 - Erection of detached outbuilding to provide
garage home office\store; 102 Norwich Road for Mr Tartt
(Full Planning Permission)
NORTH WALSHAM - 20090554 - Erection of single-storey side extension to
garage; 14 Morrison Close for Ms R Spicer
(Full Planning Permission)
NORTH WALSHAM - 20090558 - Erection of shelter; St. Nicholas School 46
Yarmouth Road for St Nicholas School
(Full Planning Permission)
NORTHREPPS - 20090346 - Retention of concrete base and portable toilet
block; Shrublands Farm Campsite Craft Lane for Mr J Youngman
(Full Planning Permission)
OVERSTRAND - 20090504 - Erection of attached car port and detached car
port; adjacent 19 High Street for Mr and Mrs Laidlow
(Full Planning Permission)
OVERSTRAND - 20090505 - Erection of single-storey front and rear extensions;
41 Harbord Road for Mr Riches
(Full Planning Permission)
OVERSTRAND - 20090509 - Conversion of A1 (hairdressing salon) to twostorey dwelling; 50a High Street for Mr Knights
(Full Planning Permission)
ROUGHTON - 20090392 - Erection of carport extension to garage; 5 Old Mill
Road for Mr and Mrs Durrant
(Full Planning Permission)
ROUGHTON - 20090534 - Erection of part two-storey front extension and
detached garage\car port; Holly Cottage 2 Hillside for Mr Stamp
(Full Planning Permission)
RUNTON - 20090413 - Erection of one and a half storey dwelling and detached
garage; land adjacent to Rothesay Lower Common East Runton for Mr and Mrs
D Goodall
(Full Planning Permission)
RUNTON - 20090517 - Retention of conservatory; Southways The Common
West Runton for Mr Brook
(Full Planning Permission)
SCOTTOW - 20090487 - Erection of two-storey side extension; 110 Ormesby
Road Scottow Badersfield for Mr Chapman and Miss Moore
(Full Planning Permission)
SEA PALLING - 20090492 - Erection of 15m high wind turbine; Beach Cottage
The Marrams for Mr Page
(Full Planning Permission)
Development Control Committee (East)
18
6 August 2009
SIDESTRAND - 20090357 - Construction of 1.2m-1.5m boundary wall; The
Garden House Cromer Road for Mr S Robinson
(Full Planning Permission)
SIDESTRAND - 20090368 - Construction of 1.2m-1.5m boundary wall; The
Garden House Cromer Road for Mr S Robinson
(Alteration to Listed Building)
SKEYTON - 20090403 - Erection of toilet\shower block; The Goat Inn Long
Road for Ms J Cooke
(Full Planning Permission)
SLOLEY - 20090414 - Erection of front sun lounge and pitched roof to side
extension; The Old School, School Road for Mr G Barton and Miss K Taylor
(Full Planning Permission)
STALHAM - 20090393 - Erection of marine workshop; land at Mill Road for Mr P
Simpson
(Full Planning Permission)
STALHAM - 20090404 - Change of use of first floor from B1 (offices) to
residential flat; 55 High Street for Aldreds Property Consultants Ltd
(Full Planning Permission)
STALHAM - 20090484 - Erection of first floor extension; Newnham Yarmouth
Road for Mrs Watson
(Full Planning Permission)
SUTTON - 20090347 - Erection of two replacement storage buildings; The
Nursery The Street for P and A Plant Supplies Limited
(Full Planning Permission)
SWAFIELD - 20090464 - Conversion of barn to one unit of holiday
accommodation; The Barn off Trunch Road for Cargill Farms
(Full Planning Permission)
SWANTON ABBOTT - 20090326 - Erection of single storey dwelling; land
adjacent to Shangri La Long Common Lane for Mr P Tuttle
(Planning Permission; Reserved Matters)
TRUNCH - 20090496 - Erection of detached garden room; The Pines Trunch
Road Mundesley for Mr and Mrs Bensley
(Full Planning Permission)
WALCOTT - 20090342 - Installation of three condensing units; Village Hall
Coast Road for Walcott Village Hall
(Full Planning Permission)
WITTON - 20090525 - Conversion of barns to seven units of holiday
accommodation; Manor Farm Manor Farm Road Witton Bridge for Mr Middleton
(Full Planning Permission)
WORSTEAD - 20090374 - Erection of buildings to house water softening plant,
water recycling plant room and tank; Heinz Factory Station Road for Heinz
Factory
(Full Planning Permission)
Development Control Committee (East)
19
6 August 2009
6.
APPLICATIONS REFUSED UNDER DELEGATED POWERS
CATFIELD - 20090395 - Erection of sun room; 36 St Catherines Avenue for Mr
Hodgson
(Full Planning Permission)
COLBY - 20090406 - Erection of agricultural building; The White House Bridge
Road for Mr and Mrs Bartram
(Full Planning Permission)
HOVETON - 20090450 - Erection of two-storey dwelling; 32 Stalham Road for
Mr Bygrave
(Full Planning Permission)
APPEALS SECTION
7.
NEW APPEALS
SUFFIELD - 20081718 - Retention of opening door in place of approved screen;
7 Cooks Farm Rectory Road for D and M Hickling Properties Ltd
WRITTEN REPRESENTATIONS
8.
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
WALCOTT - 20081662 - Removal of condition 3 of planning application
reference: 20021117 to permit residential occupancy; White Farm Barn North
Walsham Road Happisburgh for Mr Kinsey
INFORMAL HEARING 04 Aug 2009
9.
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
AYLMERTON - 20080817 - Removal of occupancy restriction; Edgewood Holt
Road for Mr C Cudmore
SITE VISIT :- 07 Jul 2009
NORTH WALSHAM - 20081382 - Erection of single-storey dwelling; 3 Skeyton
Road for Mrs Fox
SITE VISIT :- 07 Jul 2009
10.
APPEAL DECISIONS
None.
Development Control Committee (East)
20
6 August 2009