OFFICERS' REPORTS TO DEVELOPMENT CONTROL COMMITTEE (EAST) - 8 MAY 2008 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 PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. 1. AYLMERTON - 20080300 - Erection of two-storey dwelling; site adjoining Breck Lodge Holt Road for Westcrome Properties Limited MINOR DEVELOPMENT - Target Date :24 Apr 2008 Case Officer :Mrs T Armitage (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Corridor of Movement Countryside Residential RELEVANT PLANNING HISTORY 20061114 - (Full Planning Permission) - Erection of two-storey dwelling Refused, 06 Sep 2006 20070557 - (Full Planning Permission) - Erection of two-storey dwelling Withdrawn, 24 May 2007 THE APPLICATION Erection of a detached two-storey dwelling with integral double garage on a site of 0.19ha. Traditional facing materials are proposed (brick and flint). The site would be accessed from a section of "stopped-up" carriageway which runs parallel to and connects with the A148. REASON FOR REFERRAL TO COMMITTEE Deferred at the last meeting for a site visit. PARISH COUNCIL Raise a number of observations in relation to discrepancies between Design and Access Statement and plans; need to ensure that privacy to neighbours is not lost and lack of information regarding materials (Appendix 1). CONSULTATIONS County Council (Highways) - The Holt Road (A148) is a designated Corridor of Movement and a Principal Route in the Norfolk County Council route Hierarchy. As such a Corridor of Movement, the section of A148 to which this proposal will access, is protected from any development that will interfere with the principal function of carrying traffic freely and safely between centres of population. Development Control Committee (East) 1 8 May 2008 The site is accessed from a section of 'stopped up' carriageway which presently serves directly some five or six dwellings. The access road is so aligned with the A148 that a vehicle approaching its junction with the A148 from the east is unaware of its existence until practically upon the junction and consequently the right turn manoeuvre into this road, where no right hand turn facilities whatsoever exist, is extremely hazardous. This concern is exacerbated by the alignment of the carriageway at this point which restricts forward visibility for a driver approaching a right turning vehicle from the east. The level of forward visibility is approximately 120m with the requirement for this section of the A148 which is subject to a 50mph speed limit being 160m (Department of Transport advice note TD/93 Highway Link Design June 1993 and as amended). Furthermore within 500m of the application site there have been three accidents in recent years clearly indicating that the section of Holt Road (A148) onto which the access is positioned has a poor accident record. The alignment of the carriageway and the vehicular speeds being considered the main reason for these accidents. To introduce any such additional slowing, stopping and turning vehicles at this location will inevitably introduce further danger to this section of the A148. According to TRICS database (Trip Rate Information Computer Services Version 2005b) a residential dwelling will typically generate 8-10 vehicular trips per day. Therefore must strongly object to this application. 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. It is considered that refusal of this application as recommended may have an impact on the individual Human Rights of the applicant. However, having considered the likely impact and the general interest of the public, refusal of the application 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 146: Corridors of Movement (direct access not permitted except for roadside services). Policy 147: New Accesses (developments which would endanger highway safety not permitted). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Design and form of development. 3. Highway safety. APPRAISAL The application was deferred at the previous meeting to enable Members to visit the site. Development Control Committee (East) 2 8 May 2008 The site lies in part within the settlement boundary of Aylmerton and entirely within the Norfolk Coast Area of Outstanding Natural Beauty. There is existing built development on either side of the site. In such locations the principle of small scale residential development is acceptable in policy terms, subject to proposals enhancing the character of the village and the Area of Outstanding Natural Beauty and complying with more detailed assessment criteria set out elsewhere in the Plan. The detached two-storey property is proposed at the southern road frontage end of the plot and entirely within the settlement boundary. The property would have a substantial rear garden of approximately 50m in length which would extend beyond the settlement boundary. The proposed property is of traditional design and form and consistent with the scale and character of adjacent properties. Space would be maintained between the proposed dwelling and the boundaries with the neighbouring properties of between 2m and 6m. Primary windows are indicated on the main, north and south, elevations of the property, substantially mitigating any adverse impact on the amenities of neighbouring occupiers. The development would rely on access on to the Holt Road (A148), which is designated as a Corridor of Movement and Principal Route in the Norfolk County Council Route Hierarchy. Local Plan policy seeks to protect Corridors of Movement from development which would interfere with the principal function of carrying traffic freely and safely. The Highway Authority has raised an objection to this proposal on this basis as well as the hazardous alignment of the access road with the A148 and the accident record in the vicinity of the site. In view of the highway objection, refusal is recommended. RECOMMENDATION:- REFUSE, FOR THE FOLLOWING REASONS:1) The proposed development would intensify the use of an existing access on a stretch of classified highway (Holt Road A148) where the principal use is that of carrying traffic freely and safely between centres of population. The existence of an access in this location is a matter of fact and therefore some degree of conflict and interference to the passage of through vehicles already occurs, but the material increase in slowing, stopping and turning movements that this proposal would engender would lead to the deterioration in the efficiently of the through road as a traffic carrier and be detrimental to highway safety, in conflict with North Norfolk Local Plan Policy 146. 2) The proposed development, if permitted, would lead to an increase in right hand turning movements across the opposing traffic stream of a Principal Route/Corridor of Movement (Holt Road A148) at a position where the forward visibility for approaching drivers and the position of the junction of the access road with the A148 makes such a manoeuvre an interference with the free and safe flow of traffic and additionally would cause danger and inconvenience to highway users, in conflict with North Norfolk Local Plan Policy 146. Development Control Committee (East) 3 8 May 2008 2. BACTON - 20080322 - Demolition of dwelling and garage and erection of three dwellings and garages; Hill Top Mill Lane for E Anglian Property/Poppyfields Ltd MINOR DEVELOPMENT - Target Date :28 Apr 2008 Case Officer :Mr Thompson/Mr Took (Outline Planning Permission) CONSTRAINTS Residential Selected Small Village RELEVANT PLANNING HISTORY 20071617 - (Outline Planning Permission) - Demolition of dwelling and erection of three dwellings and formation of vehicular access Refused, 07 Dec 2007 20071962 - (Outline Planning Permission) - Demolition of dwelling and erection of two dwellings Approved, 21 Jan 2008 THE APPLICATION Demolition of detached bungalow and erection of two dwellings fronting Coast Road and a third fronting Mill Road. Details of access and siting included for determination at this stage. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Smith having regard to the following planning issue: Overdevelopment of limited site. PARISH COUNCIL Object. Same reasons as earlier application for three dwellings was objected to:1. Plot is too small to accommodate three dwellings. 2. Proposal would spoil outlook from neighbours' conservatory. 3. Poor access. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 147: New Accesses (developments which would endanger highway safety not permitted). Development Control Committee (East) 4 8 May 2008 MAIN ISSUES FOR CONSIDERATION 1. Impact on character of village. 2. Impact on adjacent dwellings. APPRAISAL This application proposes the demolition of a single prefabricated type bungalow and redevelopment by way of three detached single-storey dwellings. The site plan indicates two of the dwellings fronting and being accessed off the main Walcott Road, with the third dwelling to the rear served off Mill Road, a private road which currently serves the existing property. The site lies within the settlement boundary of Bacton where the principle of small scale residential development is acceptable subject to proposals enhancing the character of the village and complying with more detailed assessment criteria. This proposal differs from a previous scheme for three dwellings that was refused last year in that the proposed dwellings are of a different design and are sited significantly further back on the plot, providing a better relationship with the neighbouring dwelling and the street scene generally. The site layout indicates that the dwellings can be sited on a similar building line to a recently approved scheme for two dwellings, albeit forward of the existing bungalow. The proposed arrangement would maintain 10m rear gardens in accordance with the basic amenity criteria and is considered to be in keeping with the general character of the area. In conclusion, it is considered that the proposal complies with the requirements of the Development Plan. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) These reserved matters shall relate to the appearance, landscaping and scale of the proposed development and this condition shall apply notwithstanding any indications as to these matters which have been given in the current application. 3) This permission is granted in accordance with the amended plans (drawing number 07.2456.107.01 Rev B) received by the Local Planning Authority on 18 January 2008, unless otherwise first agreed in writing by the Local Planning Authority. 4) Notwithstanding the provision of Class A of Schedule 2, Part 2 of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking, amending or re-enacting that Order) no gate shall be erected across the approved access unless details have first been submitted to and approved in writing by the Local Planning Authority. 5) Prior to the first occupation of the development hereby permitted the vehicular access from Walcott Road shall be constructed in accordance with the Norfolk County Council residential access construction specification for the first 5m into the site as measured back from the near edge of the adjacent carriageway. 6) Prior to the first occupation of the development hereby permitted the proposed access and on-site parking and turning areas shall be laid out and surfaced in accordance with the approved plan. They shall be retained thereafter for those specific uses. Development Control Committee (East) 5 8 May 2008 REASONS:2) The application is submitted in outline form only and the details required are pursuant to the provisions of Article 3(1) to the Town and Country Planning (General Development Procedure) Order 1995 and the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006. 3) To ensure the satisfactory layout and appearance of the development in accordance with Policy 13 of the adopted North Norfolk Local Plan. 4) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) To ensure satisfactory access into the site, in accordance with Policy 147 of the adopted North Norfolk Local Plan. 6) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 3. COLBY - 20080167 - Conversion and extension of outbuilding to provide additional living accommodation; Sunnyside Farm Colby Corner for Mr and Mrs Duncan Target Date :28 Mar 2008 Case Officer :Mr Thompson/Mr Took (Full Planning Permission) CONSTRAINTS Countryside RELEVANT PLANNING HISTORY 20051436 - (Full Planning Permission) - Conversion and extension of barn to provide additional living accommodation Approved, 24 Oct 2005 THE APPLICATION Conversion of barn attached to house to provide additional living accommodation (amended version of previously approved scheme) and extension of barn to provide garden room/study in place of timber/corrugated sheeting former poultry shed. REASON FOR REFERRAL TO COMMITTEE The application was deferred at a previous meeting of the Committee. PARISH COUNCIL Support - the Council is aware that this application will be determined by the Planning Committee, since one of the applicants is employed by the District Council. It was unanimously agreed that the proposals fulfilled the requirements of Local Plan Policy 29 - the re-use and adaptation of buildings in the countryside, and the Council was impressed with the "green" credentials of the application. The applicants had committed to the installation of owl boxes. The Council noted that an earlier application had suggested bat activity in the immediate area, and ask that a wildlife survey should be part of any permission granted. On this basis, the Council supports the proposals. CONSULTATIONS Norfolk Landscape Archaeology - Suggest that the age of the farmstead dates back to 1819 or earlier is of historic interest and that the proposed scheme may not be in keeping with a 19th century farm. A programme of archaeological work is requested including a historic building recording. Development Control Committee (East) 6 8 May 2008 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 29: The Reuse and Adaptation of Buildings in the Countryside (specifies criteria for converting buildings. Prevents residential conversion unless adjacent to a settlement boundary). Policy 64: Extensions to Dwellings in the Countryside (specifies design criteria. Extensions should be subordinate to original dwelling). MAIN ISSUES FOR CONSIDERATION 1. Conversion of the farm building into ancillary residential accommodation. 2. Scale/design of the extensions. APPRAISAL This application was deferred to enable Members to visit the site. Sunnyside Farm comprises a farmhouse and attached agricultural storage buildings accessed via a quiet lane leading to Colby Corner. The site is situated within the Countryside policy area where alterations to existing properties through conversion/extension are subject to Policies 29 and 64 of the North Norfolk Local Plan. The proposal includes two elements, firstly, the conversion of the existing attached farm buildings into residential accommodation and, secondly, a single-storey extension to the front of building and a double garage to the side. The principle of the conversion of the farm buildings has previously been agreed by the granting of permission 20051436. The current proposal is in effect an alternative design solution which allows the cottage and barn to remain largely unaltered. The proposed garden room, which would replace an existing outshoot on the barn and a dilapidated timber building, is designed in a modern style with a glazed southern elevation and a gently sloping sedum roof. This style of development would also link the attached double garage and side extension. This arrangement would result in a very similar footprint to the existing buildings, including the garage that was previously approved as a detached building. Development Control Committee (East) 7 8 May 2008 The agent's Design and Access Statement says that the mixture of seamless and low profile glazing will encourage the walls to be recessive allowing the grass roof to float and reduce the visual impact of the walls. This concept and design details are considered appropriate in this situation and taking into account the previously approved scheme, the application is considered acceptable and in accordance with the Local Plan policies. In terms of the scale of the proposed extension, the use of the existing barn and the creation of a double garage were accepted by the 2005 permission. That permission also allowed the construction of a front extension of 33sq.m ground area. The current front extension would cover a ground area of approximately 40sq.m and whilst this is slightly larger the design means that if anything the potential impact of the latest proposal in the landscape would be much reduced. The proposal is therefore considered to comply with the criteria of Policy 64 in a similar way to that of the approved extension. Accordingly the proposal is considered to accord with Development Plan policy. RECOMMENDATION:Approve subject to a condition requiring a programme of archaeological work. 4. CROMER - 20080117 - Erection of thirteen single-storey dwellings; land at Burnt Hills for A G Brown Builders Ltd MAJOR DEVELOPMENT - Target Date :23 Apr 2008 Case Officer :Mr Thompson/Mr Took (Outline Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Residential THE APPLICATION To construct an estate road and thirteen dwellings on an area of paddock between Burnt Hills and Roughton Road, details of access and layout are included for consideration at this stage. In terms of the scale of the development proposed indicative details originally supplied showed four bungalows, a pair of semi-detached houses, two pairs of semi-detached cottages and three detached houses, with the houses along the western side of the site and the bungalows towards the eastern (Burnt Hills) side of the site. Amended plans have since been received revising the proposals to single-storey dwellings only and incorporating revised highway details. REASON FOR REFERRAL TO COMMITTEE This application was deferred at a previous meeting of the Committee. TOWN COUNCIL No objection in principle to number of dwellings proposed. However, concerned about close proximity to existing buildings and to mature trees, and about loss of light to existing properties. This area consists of bungalows only, could present proposal be re-designed for bungalows only. Comments on amended proposals awaited. Development Control Committee (East) 8 8 May 2008 REPRESENTATIONS Letters received from 18 local residents expressing concern about:1. Juxtaposition of two-storey properties with existing bungalows. 2. The number of dwellings. 3. The additional traffic. 4. The type and size of housing. 5. The impact on the Area of Outstanding Natural Beauty, on wildlife and on trees on the adjoining site. CONSULTATIONS County Council (Highways) - No objections subject to conditions. Community Safety Manager - Makes detailed suggestions about design measures to minimise crime. 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 Refer to the Community Safety Manager's comments above. POLICIES North Norfolk Local Plan - (Adopted 2 April 1998 - saved policies): Policy 2: Small Towns (potential for growth subject to compatibility with existing character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). MAIN ISSUES FOR CONSIDERATION 1. Layout and density of development. 2. Type of housing proposed. 3. Highway safety. 4. Crime prevention. APPRAISAL This application was deferred at the last meeting for re-consultation on amended plans and to enable Members to visit the site. The site lies within the settlement boundary for Cromer and within a defined residential area. It also lies within the historic boundary of the designated Area of Outstanding Natural Beauty (AONB). This said, the whole of the Burnt Hills estate lies within the AONB and as such this infill development would not affect the appearance or character of the AONB. Residential development of the site would therefore be acceptable in principle. The application proposes 13 dwellings on 0.47ha - a density of 27 dwellings per hectare which is below the Government's recommended minimum density of 30 dwellings per hectare. This density is considered to be an acceptable compromise between the need to make optimal use of land and the need to safeguard the low density suburban character of the area. Development Control Committee (East) 9 8 May 2008 The application has been amended to provide for single-storey dwellings only on the site, reflecting the nature of the surrounding properties. In order to achieve this the garden areas of some of the units have been reduced to slightly below the 10m minimum recommended in the Design Guide. The general character and density of the amended proposal now accords very closely with those of the surrounding development. The site has a frontage of 35m to the existing estate road, sufficient to form a properly designed estate road junction and with appropriate visibility splays. Amended plans have since been submitted which overcome concerns originally expressed by the Highway Authority who now raise no objections subject to the imposition of conditions. Photographs of the trees beyond the south-western boundary of the site, and an aerial photograph with superimposed block plan demonstrate that the proposal would have no significant adverse impact on the neighbouring trees. The proposal is considered to comply with the policies of the Development Plan. RECOMMENDATION:Approval subject to the imposition of appropriate conditions. 5. CROMER - 20080308 - Erection of penthouse apartment; Marine View Promenade for Mr P Mills MINOR DEVELOPMENT - Target Date :25 Apr 2008 Case Officer :Mrs T Armitage (Full Planning Permission) CONSTRAINTS Archaeological Site Conservation Area RELEVANT PLANNING HISTORY 20071805 - (Full Planning Permission) - Erection of first floor flat and penthouse apartment Withdrawn, 07 Jan 2008 THE APPLICATION The proposed two-bedroom apartment would be created through the alteration to the roof of this three-storey building. The proposal includes the installation of dormer windows and the heightening of the gable walls. An external stair to the rear of the building would provide access to the apartment. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting. TOWN COUNCIL Object very strongly. Refer to covenants regarding the cliff face and height of Marine View relative to The Crescent. Development Control Committee (East) 10 8 May 2008 REPRESENTATIONS Twenty-one letters of objection (including one from the Marine View Association of Residents and Shopkeepers) raising issues regarding the freehold/leasehold arrangement and the terms of the lease. Other objections refer to the adverse effect the proposal would have upon the character of the adjacent listed buildings on The Crescent and the views they enjoy as well as the detrimental impact on the character of the Conservation Area. Additional objections include lack of disabled access and lack of parking. CONSULTATIONS Conservation, Design and Landscape Manager (Conservation and Design) Comments that the building dates from 1830 and has been much changed over the last 180 years. It is a key building on the promenade, and one of only four located on the seafront itself. It received a repair grant in 2004. Commenting on the proposed scheme; access arrangements to the penthouse seem awkward and there is some concern about the relationship of the oriel/bay windows to the eaves of the roof. Ideally the bays should reach to the eaves on the roof's pitch should be steepened to meet the top of the bays. Overall however the proposed alterations and extensions are acceptable in principle and will safeguard the building for the future, so that it continues to make a positive contribution to the Conservation Area. Coast Defence Engineer - Comments that in this location the flint retaining wall is covered with vegetation and the physical characteristics cannot be clearly seen, but in principle sees no reason why the wall cannot be adapted and strengthened locally to accommodate the construction of the staircase (although disagrees with the actual dimensions shown on the small submitted plan). Offers the comment that possibly the construction of a footbridge access from the adjacent higher level footpath may offer a less complicated engineering solution with considerably better and safer pedestrian and disabled access. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 2: Small Towns (potential for growth subject to compatibility with existing character). Policy 7: Town and Large Village Centres (broad range of development/uses encouraged). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 61: Conversion into Flats (specifies criteria in terms of location, size, amenities, highway safety). Development Control Committee (East) 11 8 May 2008 MAIN ISSUES FOR CONSIDERATION 1. Principle of residential development. 2. Design and form of alterations. 3. Impact on neighbouring properties. APPRAISAL This application was deferred at the last meeting for further investigation into the possibility of providing internal access to the flat; for the views of the Council's Coastal Protection Section to be sought and to await the response of the Town Council. Marine View comprises a three storey building set into the base of the cliffs to the west of The Gangway. The building dates back to the early 19th century and the Design and Access Statement submitted with the application describes the historical background and development of the building (Appendix 2). The building, which is in mixed use (commercial and residential), lies within the designated town centre for Cromer and within the Conservation Area. The premises front directly onto the Promenade which is listed, together with the cliff face to the rear. The application seeks an additional residential apartment within the altered roof space of the building. The principle of new residential in this location is acceptable and despite the coastal position of the development there are no issues of either flood risk or coastal erosion. The proposed flat exceeds the minimum floor space standards set out in Policy 61 although in common with the other flats within the building it would have no off-street parking or external amenity space. Given the town centre location of the site this is considered acceptable. The property is proposed to be accessed via an external staircase to the rear of the building. The staircase would extend from a level which currently provides access to the two existing second floor flats. Excavation of the cliff would be required to locate the staircase in the position proposed and Members' attention is drawn to the comments of the Council's Coast Defence Engineer. The existing shallow pitched roof is an unsympathetic modern addition to the building added in the early 1960s. The proposal seeks to replace this roof form with a conventional slate tiled roof incorporating lead sheathed dormer style windows. The new roof would be comparable to its original form in the 19th century. The ridge height would be increased by approximately 1.8m. In terms of design Members will note that the Conservation, Design and Landscape Manager considers that with the extension, the building would continue to make a positive contribution to the Conservation Area. Whilst the height of the roof would increase the bulk of the building when viewed from nearby properties on The Crescent and the upper pedestrian footpath, its resulting impact would not have a detrimental impact on public amenity. In response to Members' request at the last meeting the agent has submitted more details as why access to the flat is proposed by an external staircase (Appendix 2). It is considered that the proposal is compliant with the relevant policies of the Development Plan. RECOMMENDATION:Approval subject to appropriate conditions. Development Control Committee (East) 12 8 May 2008 6. CROMER - 20080469 - Conversion of six flats to nine flats; 43 Church Street for Mr J Barron MINOR DEVELOPMENT - Target Date :20 May 2008 Case Officer :Mr Thompson/Mr Took (Full Planning Permission) CONSTRAINTS Core Retail Area Town Centre Conservation Area RELEVANT PLANNING HISTORY 19981683 - (Full Planning Permission) - Change of use from shop and three residential units to shop and seven residential units Approved, 01 Feb 1999 20071129 - (Full Planning Permission) - Conversion of upper floors to four residential flats Approved, 05 Oct 2007 20071757 - (Full Planning Permission) - Conversion of six flats to ten flats Refused, 04 Jan 2008 REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Cabbell Manners having regard to the following planning issue: Density of development. TOWN COUNCIL Objects. Overcrowding and concerns about infrastructure and parking. REPRESENTATIONS Explanatory statement from agents attached as Appendix 3. CONSULTATIONS Environmental Health - Recommends condition requiring details of bin storage. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 7: Town and Large Village Centres (broad range of development/uses encouraged). Development Control Committee (East) 13 8 May 2008 Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 42: Development in Conservation Areas (developments should preserve or enhance character). Policy 61: Conversion into Flats (specifies criteria in terms of location, size, amenities, highway safety). MAIN ISSUES FOR CONSIDERATION 1. Density of development. 2. Adequacy of external amenity areas. APPRAISAL No.43 Church Street is a substantial terraced property in the centre of Cromer comprising a cafe on the ground floor and flats on the three upper floors. Access to the flats is by a doorway adjacent to the shop front and there is a narrow rear access into a small rear yard which also contains a detached building in residential use. Local Plan Policy 61 seeks to achieve adequate internal space, external amenity space and appropriate drying areas and bin storage for premises converted in to flats. An earlier application for ten flats was refused on the grounds that it represented an over-intensive development of the site and that the outlook from some of the windows of habitable rooms was severely restricted. Although expressed as a conversion of six flats to nine, in practice four of the flats in the rear part of the building remain unchanged from how they were permitted in 1999. The main change is in the front part of the building facing Church Street where currently there are two large flats, one of them - flat 5 - having five bedrooms spread across two floors. The application proposes creating five one-bedroom flats out of these two large flats. The current proposal reduces the number of new units by one and re-configures the conversion so as to increase the size of the units so that they would be well above the 22sq.m minimum specified in Policy 61. The smallest flat would have an area 31sq.m gross, 26sq.m net, and the remainder would have 33sq.m to 36sq.m net floor areas. The proposal now complies with the relevant internal space standards. The external amenity space is limited in extent but would be shared by fewer flats than was the case with the previous application. The application includes proposals to provide a drying area and wall mounted cycle racks within the rear courtyard, as well as refuse storage facilities adjacent to the rear access. The proposal does not incorporate any parking facility owing to the limited size of the site outside the building, but current standards do not require this provision in the Town Centre. Granting permission is considered to comply with Development Plan policy. RECOMMENDATION:Approve, subject to appropriate conditions. Development Control Committee (East) 14 8 May 2008 7. DILHAM - 20080380 - Erection of one-and-a-half-storey dwelling; Cleavers Broad Fen Lane for Mr and Mrs Cowburn MINOR DEVELOPMENT - Target Date :06 May 2008 Case Officer :Miss C Ketteringham (Outline Planning Permission) CONSTRAINTS Countryside THE APPLICATION Details of layout and means of access are included for determination. Plans of a potential dwelling design have been included with the application but are indicative only. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Walker having regard to the following planning issue: The site is part of a group of buildings and would cause no harm to the character of the countryside. PARISH COUNCIL Supports. CONSULTATIONS County Council (Highways) - Objects - The highway network is unsuitable to cater for additional vehicle movements and is restricted for emergency vehicles. Broad Fen Lane is only 3.1m and therefore only suitable for single file traffic. Visibility at the nearby road junctions for access and egress to Broad Fen Lane are very poor. The junction of Broad Fen Lane and Oak Road is restricted in the critical direction (28m) and non-traffic direction (24m). The junction of Staithe Lane and Horning Road is blind in the southerly direction because of the adjacent bridge parapet. 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. It is considered that refusal of this application as recommended may have an impact on the individual Human Rights of the applicant. However, having considered the likely impact and the general interest of the public, refusal of the application 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 147: New Accesses (developments which would endanger highway safety not permitted). Development Control Committee (East) 15 8 May 2008 North Norfolk Core Strategy (Submission Document): Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). MAIN ISSUES FOR CONSIDERATION 1. Housing development in the countryside. 2. Highway safety. APPRAISAL The site is located on Broad Fen Lane within a small group of dwellings but is outside the village development boundary and within the Countryside policy area. Proposals for new dwellings in such areas are contrary to policy unless for a proven agricultural or forestry need. No such justification has been put forward in support of this application. Cleavers has a long side garden fronting Broad Fen Lane and the building plot would be formed by the subdivision of the end of the garden leaving adequate space in the intervening gap for a further plot. Granting planning permission in this case could prejudice the Council's housing strategy in the adopted Local Plan and emerging Core Strategy. The surrounding highway network consists of narrow, single track lanes with severely restricted visibility at the emerging road junctions and is not suitable to cater for any intensification of use. For this reason, the Highway Authority is opposed to this application. In conclusion, the proposal is clearly contrary to Development Plan policy and is also objected to by the Highway Authority. Therefore refusal is recommended. RECOMMENDATION:- REFUSE, FOR THE FOLLOWING REASONS:1) The District Council adopted the North Norfolk Local Plan on 2 April 1998 for all planning purposes. The following saved policies as listed in the Direction issued by Government Office for the East of England on 14 September 2007 are considered relevant to the proposed development: Policy 5: The Countryside Policy 13: Design and Setting of Development Policy 147: New Accesses In the opinion of the Local Planning Authority the proposed dwelling is contrary to the aims and objectives of the above policies by reason of the site's location in an area of countryside as designated in the North Norfolk Local Plan and outside any area selected for new residential development. The proposal would also be prejudicial to the District Council's development strategy which is designed to impose severe restraint upon new residential development in the countryside in order to direct housing growth to specific and sustainable locations. Furthermore, the unclassified road serving the site is inadequate to serve the development by reason of its poor alignment, restricted width and severely restricted levels of visibility at adjacent road junctions. Consequently, the proposal does not accord with the above policy as it is considered detrimental to highway safety. Development Control Committee (East) 16 8 May 2008 8. HAPPISBURGH - 20080484 - Construction of one unit of holiday accommodation; Church Farm Barns Blacksmiths Lane for Mr and Mrs Munday MINOR DEVELOPMENT - Target Date :22 May 2008 Case Officer :Mrs T Armitage (Full Planning Permission) CONSTRAINTS Undeveloped Coast Countryside RELEVANT PLANNING HISTORY 20031738 - (Full Planning Permission) - Change of use of redundant agricultural buildings to four units of holiday accommodation and ancillary recreation area Approved, 15 Dec 2003 20040270 - (Full Planning Permission) - Variation of planning permission 20031738 to provide swimming pool, sauna and changing rooms in place of approved recreation room Approved, 15 Apr 2004 20040764 - (Full Planning Permission) - Conversion of former forge and cart shed to two units of holiday accommodation and change of use of land to form residential curtilage Approved, 11 Mar 2005 THE APPLICATION Construction of one unit of holiday accommodation on the site of former pigsties associated with Church Farm Barns. The proposed works include the retention of an existing full height brick and flint wall and the construction of new brick and flint walls and new roof. The holiday accommodation would be designed to provide a specialist self-catering holiday cottage for guests with mobility, visual or hearing impairments. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Walker having regard to the following planning issue: Benefits of proposal on local economy need to be weighed against Policy 29 issues. PARISH COUNCIL Object. Contrary to current policy. APPRAISAL Applicants' Design and Access Statement is attached at Appendix 4. The applicants in support of their application have highlighted that the accommodation would provide specialist holiday facilities for guests with mobility, visual or hearing problems and would meet the highest levels of NAS accreditation. Norfolk Holiday Country Cottages, through which the existing self catering units are let, have confirmed that they have no such accommodation in Norfolk and Visit Britain is only aware of one property being available within the County. The applicant also highlights the findings of the North Norfolk District Council Tourism Sector Study which highlighted that the District has a very low level of provision that can cater for people with disabilities. CONSULTATIONS County Council (Highways) - Aware that visibility at the access to this site is limited, however, given the previous and established use of the site, and that approval of this proposal could engender a potential reduction in vehicular movements, unable to Development Control Committee (East) 17 8 May 2008 offer an objection from a highways aspect. Also aware that approval of this proposal would round off development at this site. Recommends standard car parking conditions if the application is to be approved. Environmental Health - 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. It is considered that refusal of this application as recommended may have an impact on the individual Human Rights of the applicant. However, having considered the likely impact and the general interest of the public, refusal of the application 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 29: The Reuse and Adaptation of Buildings in the Countryside (specifies criteria for converting buildings. Prevents residential conversion unless adjacent to a settlement boundary). Policy 126: Permanent Holiday Accommodation (to be treated the same as new residential development, except in cases of re-using existing buildings). MAIN ISSUES FOR CONSIDERATION 1. Principle of the development. 2. Design and form. APPRAISAL The site lies within the curtilage of an established group of self catering holiday units known as Church Farm Barns. The site is located within areas designated as Countryside and Undeveloped Coast in the Local Plan. The site comprises a derelict structure which formerly was used as a pigsty. Little of the original structure remains other than two sections of full height external wall. The structure has no roof and other remaining walls are at low level. The proposed holiday unit would be constructed utilising the full height existing walls with new build elsewhere. The Design and Access Statement acknowledges that the proposal does not comply with Policy 29 of the Development Plan given the substantial amount of new build necessary. Policy 126 of the Development Plan does not allow for new build holiday accommodation in the Countryside policy area and as such the proposal if permitted would constitute a departure from adopted planning policy. Despite the applicants' representations the Countryside policies contained in the Development Plan have established a strong presumption against new build unserviced accommodation and to approve this proposal would prejudice this policy of protecting rural areas from development pressure. RECOMMENDATION:Refuse on grounds that the development is contrary to Local Plan Policies 5, 29 and 126. Development Control Committee (East) 18 8 May 2008 9. HICKLING - 20080366 - Demolition of garage/workshop and erection of four two-storey dwellings; Andrews Garage/Bay Cottage The Green for Mr J Andrews and Ms S Blaxell MINOR DEVELOPMENT - Target Date :05 May 2008 Case Officer :Mr Thompson/Mr Took (Outline Planning Permission) CONSTRAINTS Residential Selected Small Village Flood Zone 3 RELEVANT PLANNING HISTORY 19961464 - (Full Planning Permission) - Extension to provide mot testing bay Approved, 14 Jan 1997 20040355 - (Full Planning Permission) - Erection of engineering workshop Refused, 28 Apr 2004 20041453 - (Full Planning Permission) - Erection of engineering workshop Refused, 07 Oct 2004 Appeal Dismissed, 25 May 2005 THE APPLICATION To demolish a vehicle repair garage and construct a group of four two-storey dwellings on the site and lead to the side and rear of an adjoining property, Bay Cottage. The application only includes access to be determined at this stage but includes indicative details of the site layout and 'typical' elevations. This shows two dwellings facing onto the street on a comparable building line to Bay Cottage and two houses at the rear of the site served by a private access road. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Stockton having regard to the following planning issue: The local objections about loss of a village facility. PARISH COUNCIL Object. For the good of the village we must try and encourage business premises to remain. REPRESENTATIONS Letters from four local residents predominantly concerned about loss of garage. Supporting letter from applicants explains pressures leading to closure of the garage (Appendix 5). CONSULTATIONS County Council (Highways) - Suggests minor re-siting of access to optimise visibility, but otherwise raises no objections Environment Agency - Has accepted that there is no flood risk issue here and that the submitted flood risk assessment demonstrates that the site is in Flood Zone 1 lowest risk of flooding. Final comments awaited. Development Control Committee (East) 19 8 May 2008 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be compatible with character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 147: New Accesses (developments which would endanger highway safety not permitted). MAIN ISSUES FOR CONSIDERATION 1. Loss of existing garage. 2. Flood risk. 3. Form of development. APPRAISAL The site lies within the defined settlement boundary for Hickling where new residential development is acceptable in principle. Part of the site is currently a vehicle repair garage, although the whole site is shown as residential area on the Local Plan inset map. The commercial use is not protected by any employment designation in the Local Plan and there is therefore no requirement to safeguard the use. Whilst the loss of any services from a village is to be regretted the applicant's letter explains the economic pressures which are damaging the viability of the use. In principle therefore the redevelopment for other purposes is considered acceptable. Although the site (and most of the village) is shown as Flood Zone 3 (High Risk) on the Environment Agency's flood maps, the applicants have submitted a Flood Risk Assessment which has been accepted by the Environment Agency that demonstrates that the site is in fact in Flood Zone 1 (low probability of flooding where all uses of land are appropriate). Consequently there is no reason on flood risk grounds to prevent development here. The form of development proposed, two-storey houses, with two sited on the frontage where they would contribute positively to the street scene, and with two at the rear of the site, would represent a visual enhancement to the character and appearance of the village compared to the existing garage on the site. The proposal would therefore comply with Policies 4 and 6 of the Local Plan. RECOMMENDATION:Delegated authority to approve, subject to minor alterations to the access as required by the Highway Authority and subject to appropriate conditions. Development Control Committee (East) 20 8 May 2008 10. HONING - 20080209 - Continued siting of polytunnel; land at rear of Millbeck White Horse Lane Briggate for Mr Turner and Miss Bullimore MINOR DEVELOPMENT - Target Date :03 Apr 2008 Case Officer :Miss C Ketteringham (Full Planning Permission) CONSTRAINTS Countryside Tree Preservation Order THE APPLICATION A retrospective planning application to retain a polytunnel (9.6m long x 2.2m wide) comprising plastic sheeting supported by a wooden frame. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting of the Committee. PARISH COUNCIL Objects:1. Not within the applicants' ownership. 2. If this is allowed when will it stop other land being claimed? 3. The land should be used for the village and not one person. REPRESENTATIONS Thirty-one letters of objection have been received on the following grounds:1. Not within the applicants' ownership. 2. Polytunnel is an eyesore. 3. Destruction of a wildlife habitat. 4. Danger from a dangerous structure. CONSULTATIONS Worstead Parish Council - Objects:1. Validity of application address. 2. Change of use of land not applied for. 3. Obtrusive and damaging to beauty of area. 4. Environmental Impact study should be carried out. 5. Disputed ownership of area. Letter received from the applicants advising that the polytunnel is and has only ever been used for the growing of fruit and vegetables. Worstead Amenity Society - Briggate Mill is part of the historical heritage of the parish of Worstead. This is disputed by residents and while the dispute continues it seems inappropriate that planning permission should be granted. The whole course of the Dilham Canal is a haven for wildlife and Briggate Mill is part of that whole. The unauthorised clearance of the land has damaged the wildlife and charm of the ruin in a natural wilderness; a polytunnel does nothing to enhance the view. Environmental Health - The condition of the former mill building has been roughly the same for a number of years and has certainly overlapped the erection of the polytunnel. Therefore the occupants of the land erected the polytunnel in the full knowledge of the condition of the adjacent building. Development Control Committee (East) 21 8 May 2008 From the inspection of the structure that was undertaken on the 24 January it was not felt that the structure could be considered dangerous under the Building Act 1984 as it was not in such a condition that it required immediate action to be taken to make it safe. The structure will be prone to continued deterioration and may become dangerous under the Building Act 1984. However the responsibility for action to remedy any danger would lie with the landowner of the structure rather than with the occupier of the adjacent land at risk from the structural failure. If the structure was in imminent danger of collapse then the Council could undertake works to make that structure safe or fence off the area likely to be affected by such collapse. In this case we would look to remove the dangerous material from the building. As a temporary measure it may be that we would fence off the polytunnel area so that if it did fall no one would be at risk. Please note for information; the reason that North Norfolk District Council served notice on this land to be fenced off was as Briggate Mill was "Open to Unauthorised Entry", this was to protect public safety under the Local Government (Misc Provisions) Act 1982. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 21: Area of High Landscape Value (promotes conservation and enhancement, prevents developments which would be significantly detrimental to appearance and character). MAIN ISSUE FOR CONSIDERATION Visual impact. APPRAISAL The application was deferred at the last meeting in order to seek clarification on the use of the building and the proximity of wildlife sites. The application site is land that previously formed part of Briggate Mill close to the Dilham Canal. The existing use of the land is stated as garden on the application form. Although adjoining the rear boundary of the applicants' property, it does not form the curtilage of the dwellinghouse for planning purposes. It lies within the Countryside policy area and the Area of High Landscape Value. It is understood the use of the polytunnel is for private horticultural related use only. However following queries raised by Members at the last meeting further clarification has been sought from the agent. Development Control Committee (East) 22 8 May 2008 This is a controversial application locally, attracting a large number of objections, although mainly relating to the ownership of the land, which as Members will be aware is not a material planning consideration. The principal consideration in determining this planning application is the visual impact of the polytunnel. The polytunnel is of a type to be found not uncommonly in a domestic garden or allotment. Although, not within the domestic curtilage of the applicants' property, the site is adjacent and to the rear of the applicants' garden. The polytunnel is partially screened from public view by dwellings and the remnants of Briggate Mill. Consequently it is not considered to present any significant adverse landscape impact. The visual impact of the structure could be satisfactorily mitigated by an appropriate landscaping scheme to which the applicant has indicated agreement. Concerns have been raised about the potential impacts of the polytunnel on local wildlife interests. The application site is outside any area identified as of national, international or County nature conservation interest or the consultation zones relating to them. The closest site of international nature conservation importance is Broad Fen at Dilham (Ramsar site). The closest point of the consultation zone which surrounds this area is 2.8km from the site. East Ruston SSSI is approximately 2.4km from the site. The closest site of County Wildlife interest is approximately 38m from the polytunnel. This is part of the Dilham and North Walsham Canal of which the habitat type is described as eutrophic running water. The retention of the polytunnel could not be argued to have an adverse impact on any of these nature conservation sites. Furthermore the cultivation and clearance of land at and around the polytunnel is not something that would have required planning permission. The response from the Environmental Health Officer confirms that the Briggate Mill is not classified as a dangerous structure and should it become so, then the Council has the necessary powers under the Building Act 1984 to take action which would include if necessary fencing off the polytunnel. In these circumstances this issue is not a material consideration in the determination of this planning application. Consequently, it is considered it would be difficult justify refusal of planning permission in this case and the proposal is considered to comply with the policies of the Development Plan. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 1) The polytunnel hereby permitted shall be used for horticultural purposes only. 2) Within two months of the date of this permission a landscaping scheme for the boundaries of the site shall be submitted for approval to the Local Planning Authority. The scheme shall be carried out no later than the next available planting season following its approval. 3) Any new tree or shrub which within a period of five years from the date of planting dies, is removed or become seriously damaged or diseased, shall be replaced during the next planting season with another of a similar size and species to the Local Planning Authority's satisfaction, unless prior written agreement is given to any variation. REASONS:1) In the interests of clarity and in accordance with Policy 5 of the adopted North Norfolk Local Plan. Development Control Committee (East) 23 8 May 2008 2) To protect and enhance the visual amenities of the area, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 3) To protect and enhance the visual amenities of the area, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 11. NORTH WALSHAM - 20080466 - Demolition of garage and erection of dwelling; 21 Rye Close for Mr K Walker MINOR DEVELOPMENT - Target Date :20 May 2008 Case Officer :Mrs R Partridge (Outline Planning Permission) 19750625 - (Full Planning Permission) - Erection of 61 private dwellings Approved, 30 Jul 1975 THE APPLICATION Only details of access are included for determination at this stage. The proposal involves the demolition of the existing double garage and replacement with a detached house. An indicative siting of the dwelling is included on the submitted plan. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Seward having regard to the following planning issue: Overdevelopment and overlooking. TOWN COUNCIL Object on grounds of overdevelopment and sub-standard living. Further comment on the problems relating to surface water drainage and flooding. REPRESENTATIONS Four letters of objection received from local residents on the following grounds: 1. Overdevelopment/cramped over intensive development. 2. Additional access will exasperate the existing parking/turning "bottleneck" in the cul-de-sac. 3. Overlooking, loss of light and intrusion of privacy. CONSULTATIONS County Council (Highways) - No objection subject to imposition of appropriate conditions. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Development Control Committee (East) 24 8 May 2008 MAIN ISSUES FOR CONSIDERATION 1. Size of plot and relationship with adjoining development. 2. Neighbouring residential amenity. APPRAISAL The application site lies within the settlement boundary for North Walsham and within a residential area. The immediate vicinity consists of single and two-storey dwellings, both detached and semi-detached and all of a similar scale and design. The majority of the dwellings have integral garages. The existing property (21 Rye Close) occupies a large corner plot comprising a detached single-storey dwelling, and a detached pitched roof double garage separated by an approximate 3m gap. The existing garage abuts the southern site boundary together with an evergreen hedge. The neighbouring property is one of a pair of semi-detached dwellings with a blank gable facing the application site. The submitted plan indicates siting of the proposed dwelling in line with the neighbouring semi-detached dwellings and forward of the existing bungalow. This would enable a proposed rear garden of 10m which would comply with the minimum distance as recommended in the Design Guide. The plot measures approximately 9.5m x 27.5m; the proposal indicates a proposed floor area of 7.7m x 8.7 which is comparable to the floor of the nearby existing detached two-storey dwellings (7.7m x 7.2m). The site can adequately accommodate a detached dwelling similar in scale and design to the surrounding dwellings. The west (rear) boundary consists of close boarded fence and various shrubs and trees. The site from this aspect offers adequate screening towards a single-storey dwelling beyond. In conclusion it is considered that the proposal is appropriate in this location and as such complies with Development Plan Policy. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) These reserved matters shall relate to the layout, appearance, landscaping and scale of the proposed development and this condition shall apply notwithstanding any indications as to these matters which have been given in the current application. 3) These reserved matters shall include precise details relating to the parking and turning provision associated with No. 21 Rye Close. 4) Prior to the first occupation of the dwelling hereby permitted the vehicular accesses shall be constructed in accordance with the Norfolk County Council residential access construction specification for the first 5m into the site as measured back from the near edge of the adjacent carriageway. 5) Prior to the first occupation of the dwelling hereby permitted the proposed on-site parking areas shall be laid out, demarcated, levelled, surfaced and drained in accordance with the details pursuant to condition No.3 (above). They shall be retained thereafter for that specific use. REASONS:2) The application is submitted in outline form only and the details required are pursuant to the provisions of Article 3(1) to the Town and Country Planning (General Development Procedure) Order 1995 and the Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006. Development Control Committee (East) 25 8 May 2008 3) In this instance the Local Planning Authority is only prepared to grant a temporary planning permission, on a trial basis, to enable the effects of the development upon the residential amenities of the surrounding area to be properly established, in accordance with Policies 16 and 17 of the adopted North Norfolk Local Plan. 4) To ensure satisfactory access into the site, in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 12. RUNTON - 20080127 - Erection of one-and-a-half-storey detached dwelling; Laburnum Caravan Park Water Lane West Runton for Mr and Mrs J Y Randell MINOR DEVELOPMENT - Target Date :20 Mar 2008 Case Officer :Mr Thompson/Mr Took (Full Planning Permission) CONSTRAINTS Area of High Landscape Value Countryside RELEVANT PLANNING HISTORY 19870417 - (Outline Planning Permission) - Erection of a single dwellinghouse Refused, 09 Sep 1987 Appeal Withdrawn, 20 Sep 1990 19980565 - (Outline Planning Permission) - Erection of dwelling Withdrawn, 21 Jul 1998 19981019 - (Full Planning Permission) - Siting of residential caravan for manager's accommodation Refused, 01 Sep 1998 19981766 - (Full Planning Permission) - Siting of caravan for manager's accommodation Approved, 17 Feb 1999 20071161 - (Outline Planning Permission) - Erection of two-storey detached dwelling Refused, 24 Sep 2007 THE APPLICATION The proposed erection of a residential dwelling to provide manager's accommodation on a site extending to approximately 300sq.m, at the northern end of Water Lane. Access is proposed onto a private drive, located at the entrance of the existing caravan park. The proposed dwelling is a cottage-style building of red brick with clay pantile roofs and gabled dormers to the first floor. The eaves height would be approximately 4m and the ridge height approximately 8m. REASON FOR REFERRAL TO COMMITTEE Required by the Head of Planning and Building Control in view of policy issues involved. PARISH COUNCIL Object. Proposed site is outside development boundary, immediately adjacent to a Conservation Area, in an area of countryside/high landscape value, and because of coastal erosion the long term viability is questionable. A two-storey dwelling would seriously alter the visual aspect of the village. The needs of the site manager are recognised but do not justify a planning approval. Development Control Committee (East) 26 8 May 2008 REPRESENTATIONS The agents have submitted an explanatory letter which is attached at Appendix 6. Two letters of objection from nearby residents received on the following grounds:1. Lack of need for a permanent dwelling. 2. Impact on privacy. 3. Impact on character of area. The agents have written in to challenge the grounds of objection raised by close neighbours with regard to the impact of the proposal on their properties. CONSULTATIONS County Council (Highways) - No objections. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 21: Area of High Landscape Value (promotes conservation and enhancement, prevents developments which would be significantly detrimental to appearance and character). Policy 42: Development in Conservation Areas (developments affecting the setting should preserve or enhance character). Policy 124: Cliff-Top Static Caravan Sites between Sheringham and Overstrand (new sites or extensions to existing sites may be permitted if they directly result in removal of existing cliff-top site). MAIN ISSUES FOR CONSIDERATION 1. Principle of permanent dwelling in the Countryside policy area. 2. Implications on longer term presence of caravan park. APPRAISAL The application site is outside, but immediately adjoining, the settlement boundary for West Runton as defined in the Local Plan. Permission was granted in 1999 for a mobile home on the site, with a condition restricting its occupation to the manager/warden (and immediate dependents) of the adjoining caravan site, and a further condition requiring the removal of the caravan when no longer required. The current proposal is to replace this mobile home with a permanent dwelling. The earlier permission has been implemented and the 'mobile home', which has the appearance of a single-storey bungalow has been on the site for a number of years. Development Control Committee (East) 27 8 May 2008 The 1999 permission is a permanent commitment to a residential dwelling use on the site, subject to its need by a manager/warden of the site. The current application seeks to provide the dwelling in the shape of a one-and-a-half-storey cottage style building of conventional construction. The site is of sufficient size to accommodate a dwelling as proposed without any conflict with the recommendations in the Design Guide in respect of garden sizes and window-to-window distances, and the design proposed is generally in keeping with the scale and design of nearby dwellings. The previous recent planning application was refused on the grounds that the site was outside the defined settlement boundary, and that it was in conflict with the Council's long term aim to seek the removal of the cliff top caravan sites in this part of the District, a concern being that in the longer term a permanent dwelling would potentially remain on the site beyond the period of its functional requirement. The applicants' agents have since responded stating that the caravan park will never be relocated voluntarily, and that the projected rate of coastal erosion in the area is not such as to require the caravan site to relocate. More than half the caravan site is outside the 100 year erosion line as indicated in the Shoreline Management Plan. However, in order to guarantee that the proposed building would only be occupied in conjunction with the caravan site, as is the permitted mobile home, the applicants are prepared to accept a similar occupancy condition on the proposed dwelling, and in addition would be prepared to enter into a Section 106 Agreement that the dwelling be demolished if the caravan site ceased to operate. It is considered that such an agreement would provide an adequate safeguard to ensure a continuing link between the dwelling and the caravan site. Furthermore it is not considered that the new dwelling would cause any harm to the setting of the village and the Conservation Area. In conclusion, whilst the proposal is outside the village development boundary, material considerations to take into account are that there is already a permanent permission for a residential property on the site, its occupancy is related directly to tourism and the legal agreement offered will ensure that it would only exist for this purpose. Accordingly approval is recommended, notwithstanding the Development Plan policy issues discussed above. RECOMMENDATION:Delegated authority to approve subject to the prior completion of a Section 106 Agreement as described in the report and to the imposition of appropriate conditions. 13. SOUTHREPPS - 20080588 - Erection of two-storey detached dwelling; adjacent The Rodings Sandy Lane for Mrs P L Green and Mrs A J Ng MINOR DEVELOPMENT - Target Date :30 May 2008 Case Officer :Mr Thompson/Mr Took (Full Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Residential RELEVANT PLANNING HISTORY 20071894 - (Full Planning Permission) - Erection of two-storey detached dwelling Refused, 18 Mar 2008 Development Control Committee (East) 28 8 May 2008 THE APPLICATION The erection of a three-bedroom cottage style dwelling within the garden of an existing property. The proposal is a revised version of the earlier proposal with the footprint of the dwelling reduced to 90sq.m. REASON FOR REFERRAL TO COMMITTEE Required by the Head of Planning and Building Control because of the Committee's decision on the earlier application. PARISH COUNCIL Strongly objects - full comments attached at Appendix 7. CONSULTATIONS County Council (Highways) - Awaiting comments. Environmental Health - 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character) (development should be Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). MAIN ISSUES FOR CONSIDERATION 1. Impact on character of area. 2. Design. 3. Scale and nature of development. 4. Highway safety. APPRAISAL This application is a reduced version of the proposal refused by the Committee in March on grounds of size, scale and over intensive development. The proposal is for a scaled down version of the earlier scheme. The length of the proposed dwelling has been reduced by 1m, and the width by 0.8m and the length of the rear extension by 0.5m. The previously proposed garage has been omitted and the proposed house is sited so that at its closest point would be 3m from the centreline of the hedge on the north-eastern boundary. The height of the proposed building has also been reduced by 0.35m. The proposed design now also incorporates a chimney and cottage style windows, and has no first floor windows in either gable to minimise any overlooking. Development Control Committee (East) 29 8 May 2008 The application site lies within the development boundary for Southrepps where the principle of new residential development is acceptable provided that it is suitable in terms of design, scale, relationship with neighbouring properties and highway safety. New residential development is also expected to enhance the character of the village. The Rodings comprises a detached, 1960's-style bungalow standing in a plot which is roughly triangular in shape, formed by the junction with Sandy Lane and Thorpe Market Road. The site is screened from the highway boundaries by leylandii trees and hedging. The access to the site is gained from Sandy Lane to the north of the plot and away from the existing junction. The site is outside but close to the Southrepps Conservation Area. The proposal is to subdivide the plot and construct a two-storey, cottage-style dwelling. Both the existing and new dwelling would be served from the existing access. In terms of appearance, the proposal is of cottage-style, utilising the roof space by the inclusion of dormer windows and constructed of brick, flint and clay pantiles together with white finish joinery. The dwelling would be orientated to avoid potential for overlooking, with the only first floor windows facing the existing bungalows serving a bathroom, en-suite bathroom and a landing. The proposed subdivision would maintain plot sizes for the existing and proposed dwellings comparable to other plots in the area and would provide adequate amenity space and vehicle provision compliant with Design Guide and Local Plan standards. The Highway Authority had previously asked for a visibility splay of 43m from a 2.4m set back and this is shown on the submitted plans. The proposed splay would require the cutting back of part of the roadside hedge, but the majority of the hedge would be unaffected. In conclusion, it is considered that the proposed dwelling would enhance the form and character of the village and there are no highway safety reasons to object to the development. Accordingly it is considered that the proposal accords with Development Plan. RECOMMENDATION:CONDITIONS:- APPROVE, SUBJECT TO THE FOLLOWING 2) Notwithstanding the provision of Class A of Schedule 2, Part 2 of the Town and Country Planning (General Permitted Development) Order 1995, (or any Order revoking, amending or re-enacting that Order) no gate shall be erected across the approved access unless details have first been submitted to and approved in writing by the Local Planning Authority. 3) Prior to the first occupation of the development hereby permitted a visibility splay measuring 43m x 2.4m shall be provided to the south-eastern side of the access where it meets the highway. The splay shall thereafter be maintained free from any obstruction exceeding 0.6m above the level of the adjacent highway carriageway. 4) Prior to the first occupation of the development hereby permitted the proposed access and on-site parking and turning areas shall be laid out, demarcated, levelled and surfaced in accordance with the approved plan. They shall be retained thereafter for those specific uses. 5) The development to which this permission relates shall be undertaken in strict accordance with the submitted and approved plans, drawings and specifications, unless otherwise agreed in writing by the Local Planning Authority. Development Control Committee (East) 30 8 May 2008 6) Notwithstanding the details referred to with the application, details of the brick type to be used on the development shall be submitted to and approved in writing by the Local Planning Authority. REASONS:2) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 3) To ensure safe access to the site in accordance with Policy 147 of the adopted North Norfolk Local Plan. 4) To ensure the permanent availability of the parking and manoeuvring area, in the interests of highway safety, and in accordance with Policy 147 of the adopted North Norfolk Local Plan. 5) 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 13 of the adopted North Norfolk Local Plan. 6) In order for the Local Planning Authority to be satisfied that the materials to be used will be visually appropriate for the approved development and its surroundings, in accordance with Policy 13 of the adopted North Norfolk Local Plan. 14. SUFFIELD - 20080441 - Variation of condition numbers 2 of planning permissions 20051696 and 20061927 to retain nine holiday units as constructed; Cook Farm Rectory Road for D and M Hickling Properties Limited MINOR DEVELOPMENT - Target Date :13 May 2008 Case Officer :Mr Thompson/Mr Took (Full Planning Permission) CONSTRAINTS Countryside 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 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 THE APPLICATION Planning permission references 20051696 and 20061927 both included conditions relating the permissions to specific plans. This application is submitted as a variation to those specifically approved plans. Conversion works have been substantially completed and the application follows recent refusals to the buildings as currently converted. The current application is to retain many of the conversion works as Development Control Committee (East) 31 8 May 2008 completed, but with amendments to the access/parking arrangements, a reduction in the number of openings on the northern elevation of the main barn complex (including the deletion of rooflights) and the introduction of a flint wall enclosure on the southern site. Indicative areas of landscaping are also included. Amended plans have been submitted reducing further the number of openings in the northern elevation. REASON FOR REFERRAL TO COMMITTEE Required by the Head of Planning and Building Control given the planning history of the development. PARISH COUNCIL Objects. See full comments in Appendix 8. REPRESENTATIONS Five letters of objection suggesting that the application does not address the concerns previously raised, traffic, privacy, light pollution, loss of character of buildings etc. A further two letters have been received in response to the amended plans still objecting on similar grounds. Explanatory letter from agent attached as Appendix 8. CONSULTATIONS County Council (Highways) - No objections. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 5: The Countryside (prevents general development in the countryside with specific exceptions). Policy 29: The Reuse and Adaptation of Buildings in the Countryside (specifies criteria for converting buildings. Prevents residential conversion unless adjacent to a settlement boundary). North Norfolk Core Strategy (Submission Document): Policy EC 2: The re-use of buildings in the Countryside (specifies criteria for converting buildings for non-residential purposes). MAIN ISSUES FOR CONSIDERATION 1. Compliance with policy with regard to extent of new building. 2. Impact of conversion on the character of the building. 3. Impact on the surrounding landscape. Development Control Committee (East) 32 8 May 2008 APPRAISAL This application follows the recent refusal of two applications (references 20071381 and 20071627) by this Committee in December 2007. These applications were for variations in the construction, design and layout of this group of barns which benefit from earlier permissions for the conversion to holiday accommodation. The recent applications were refused on grounds of the degree of reconstruction, the number of new openings, the extension of the site and impact on the setting of the area and highway safety. Subsequently enforcement notices were served requiring removal of the unauthorised works. Appeals have since been submitted against both the refusals of planning permission and the enforcement notices. The current application is an attempt to overcome the previous grounds for refusal. This application reverts to a layout similar to that previously approved. The main road entrance situated at the southern side of the site would serve units 1-8 and the associated parking area. An existing, but improved, access is proposed to serve the one detached holiday unit (unit 9), again as previously approved. The only parking provision north of the main barn would be two spaces for the detached single-storey barn (unit 9). In an attempt to reduce the impact of the conversion when seen from the north, the amended plans delete the rooflights previously approved, block up one 3.2m wide window opening and leave only one unit (unit 3) having to obtain access from the north side (with unit 1 also having a secondary door access). The majority of the walls within the courtyard have been rebuilt, which has resulted in the ridge of the roofs being raised by approximately 0.6m, but the general form of the barns has been retained. In an attempt to reduce the impact of the new brickwork on the south side of the barns, the application proposes the construction of 1.8m high flint and brick walls along the south side of the range of buildings, creating shall enclosed courtyards and a less harsh appearance. LPG tanks are now proposed to be submerged and a single refuse enclosure building is proposed. These details provide a less intrusive element than the previous scheme and are considered more appropriate. On balance whilst the extent of rebuilding exceeds that normally permitted under Policy 29 of the Local Plan, it is considered the revisions now made together with the imposition of conditions to control possible future impact such as lighting, additional openings and extensions the proposed scheme is now considered to represent a satisfactory resolution to the previous reservations regarding this development. RECOMMENDATION:Approve subject to the imposition of appropriate conditions. Development Control Committee (East) 33 8 May 2008 15. SUTTON - 20080297 - Erection of three dwellings and garages; Rustic House The Street for Mr and Mrs P Cutting MINOR DEVELOPMENT - Target Date :24 Apr 2008 Case Officer :Miss C Ketteringham (Full Planning Permission) CONSTRAINTS Flood Zone 3 Residential Selected Small Village RELEVANT PLANNING HISTORY 20071870 - (Full Planning Permission) - Erection of four dwellings and garages Withdrawn, 08 Jan 2008 THE APPLICATION Erection of three dwellings with detached garages on garden land within the grounds of a detached two-storey house. Amended plans have been submitted revising drainage and access details. A Flood Risk Assessment accompanies the application. REASON FOR REFERRAL TO COMMITTEE Deferred at a previous meeting of the Committee. PARISH COUNCIL Strongly objects because:1. The local flood alleviation scheme for Sutton is incomplete, further development will exacerbate the problems. The proposed 450mm pipe under the street is inconsistent with the two 300mm pipes under the street. Pipes are not as efficient as ditches. Bends in the pipes would lead to blockages 2. Sewage system inadequate. 3. Insufficient parking for all plots. 4. Overlooking to neighbouring properties. 5. Highway safety. 6. Inadequate turning bay. 7. Three plots will cover the same ground area as the four plots originally proposed. 8. Estate style design. 9. Trees cut down before planning application submitted. REPRESENTATIONS Ten letters of representation has been received raising objections on grounds of:1. Overloading sewers, drains and increasing the risk of flash floods. 2. Overlooking, overshadowing and loss of privacy. 3. Noise and disturbance. 4. Highway safety - speeding traffic, lack of footpaths. 5. Overdevelopment. 6. Out of character with surrounding properties. 7. Bungalows preferable. 8. Internal Drainage Board should pipe the ditch further away from the site. 9. Smaller more affordable houses are needed in the village. 10. Internal Drainage Board alleviation scheme is not complete Development Control Committee (East) 34 8 May 2008 CONSULTATIONS County Council (Highways) - No objections subject to all plots being accessed from the private drive. Environment Agency - The flood risk assessment proves that, contrary to the Environment Agency Flood Zone maps, the site does not fall within Flood Zone 3. The Environment Agency assumes that it lies within Flood Zone 1, the low risk Flood Zone. The sequential and exception test are therefore not require for this application. Water Management Alliance - In principle a new pipeline across the site to take water from the culverts under The Street to a board maintained watercourse is acceptable. The new pipeline should be installed adjacent to but not beneath the open channel along the northern boundary. The Broads Internal Drainage Board will impose conditions regarding the precise line of the pipe, and to restrict development within 3m of the pile and planting of trees and bushes within 9m. Discharge of overflows from the rainwater harvesting tanks will require the Drainage Board's consent. Comments awaited on amended plans. 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character). Policy 6: Residential Areas (areas primarily for residential purposes). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 147: New Accesses (developments which would endanger highway safety not permitted). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Flood risk. 3. Local drainage issues. 4. Impact on character of village. 5. Residential amenity. 6. Highway safety. APPRAISAL The application was deferred at the previous meeting to enable Members to visit the site. The application site is formed from the subdivision of the garden of an existing dwelling which lies within the village development boundary on the western side of Sutton. Under the terms of Local Plan Policy 4 the principle of small-scale housing development such as this is acceptable subject to enhancement of the character of the village and other planning considerations. Development Control Committee (East) 35 8 May 2008 The site lies within an area identified on the Environment Agency Flood Risk Map as at high risk from flooding (Zone 3) and within a part of Sutton where there are clearly documented issues of poor local land drainage. These are issues that require careful examination in the determination of this application. Members will be familiar with Planning Policy Statement 25: Development and Flood Risk (PPS25) which requires Local Planning Authorities to apply the sequential test to all new development within areas at high risk of flooding. The consequence of applying this test to proposals for residential development is that wherever possible such development should be located in areas of low flood risk. In this instance, the application of the sequential test is not straightforward. The site lies close to the outer edge of the flood risk zone. The Flood Risk Assessment (FRA) submitted with the application considers the probability of both fluvial flooding and a coastal breach scenario, concludes that the site should not be included within the area at highest risk from flooding. The Environment Agency has evaluated the flood risk assessment and is satisfied that the land is at low risk of flooding (zone 1) and the sequential test should not be applied to this site. Environment Agency flood maps are generalisations based on land contours and an extrapolation of historic data. They make no distinction between river and sea flooding, and perhaps, most importantly, take no account of flood defences. The Government places the responsibility for a thorough site specific evaluation of the flooding probability on the developer. This site-specific flood risk assessment is a detailed analysis of the various flood risks and includes such factors as; flood defences, climate change, site characteristics, water flows, distance from a probable event and storage capacity of the intervening land and flood plains. Local Planning Authorities are reliant upon the Environment Agency expertise to evaluate their content and conclusions. A separate, though not entirely unrelated, issue is that of the local drainage problems experienced in Sutton. Water drains from a small catchment of agricultural land on the eastern side of Sutton under The Street westwards towards Sutton Broad through a series of drainage ditches and culverts. This site is important because a large drainage ditch which is located on its northern boundary forms part of that drainage system. The Water Management Alliance (IDB) has previously indicated that it would be advantageous if the ditch were piped (although it is outside the application site). The amended plan indicates the provision of such a pipe running parallel to the existing ditch. The pipe would be funded by the developer and maintained by the IDB and would provide scope to mitigate surface water problems in this part of the village. The Water Management Alliance has been consulted on this revised scheme; its comments are awaited. The FRA assumes that driveways would be permeable and the water run-off from the buildings would be stored as part of a rain water harvesting scheme. If the application were approved, such measures could provide mitigation for both flood risk and local drainage, but would need to be carefully conditioned to ensure the capacity is adequate and the scheme is fully implemented. With regard to the other planning details of the scheme, the layout provides for one dwelling on the street frontage with the other two dwellings at the rear of the site. This pattern of development is not dissimilar to other developments along this side of the village. The proposal equates to a density of 15 dwellings per hectare, which, whilst well below than that advocated in PPS3 (minimum of 30 dwellings per hectare), reflects favourably with the character of this part of the village. Furthermore the amount of built development potential on the site is constrained by the need to provide maintenance distances from water courses around its perimeter. Development Control Committee (East) 36 8 May 2008 In terms of design, the appearance of the house on the frontage plot would incorporate features of the adjacent Rustic House, whereas the dwellings in the rear plots would be a modern interpretation of the cottage style. Overall, given the mix of building styles in the area, the design approach is considered appropriate for this particular location. The development, in terms of the garden sizes and the relationship of the proposed houses and neighbouring properties, accords with the Council's Design Guide basic amenity criteria. To summarise, the general layout and design of this proposal is considered acceptable, the Environment Agency has confirmed that the site lies within the low flood risk zone and the sequential test does not need to be applied to this site, and there are no Highway objections to the proposal. Consequently, the proposal is considered to comply with the Development Plan and approval is recommended. RECOMMENDATION:Delegated approval, subject to the further comments of the Water Management Alliance (IDB), the imposition of appropriate conditions including materials, drainage, access, provision of parking and turning and flood resistance and resilience measures. 16. THORPE MARKET - 20080285 - Erection of two-storey dwelling; land adjacent Italska Cromer Road for Mrs J Hunter MINOR DEVELOPMENT - Target Date :22 Apr 2008 Case Officer :Mrs T Armitage (Full Planning Permission) CONSTRAINTS Corridor of Movement Residential Selected Small Village THE APPLICATION Erection of a two-storey dwelling on land adjacent to 'Italska'. The site would be accessed via a driveway which would access on to Cromer Road (A149). Amended plans have been received in respect of access details. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Arnold having regard to the following planning issue: Highway safety. PARISH COUNCIL Support. REPRESENTATIONS One letter of objection received on the following grounds:1. Site is within Conservation Area. 2. Overlooking and loss of privacy. 3. Overshadowing. 4. Access onto already busy road. 5. Backland form. 6. Trees. Development Control Committee (East) 37 8 May 2008 CONSULTATIONS County Council (Highways) - Comments on original plans: The proposal is located immediately to the north of the property Italska on the Cromer Road, which is a Principal Route in the Adopted Route Hierarchy. The proposal would create an additional access onto Cromer Road (A149) at a point where visibility is below the required minimum standard at this location. The local speed restriction is 30mph, therefore according to DRMB which would apply; the minimum visibility requirement is for 90m in either direction from a 2.4m setback. A visibility splay of only approximately 77m visibility can be achieved in the critical direction. From my site visit it was noted that vehicular speeds are often in excess of the speed limit, therefore as visibility is poor, the site is relatively close to a bend in the road, and slowing, stopping and turning would cause an additional unwarranted hazard to other vehicles. This proposed development, if permitted, would engender conditions detrimental to highway safety and convenience. Therefore, I recommend the application be refused. Comments on amended plans: Although the fence line of the adjacent property has now been set back from the highway, it is evident that the minimum visibility splay of 90m at a 2.4m setback cannot be achieved at the application site access. This is partly due to curvature of the road in the southerly direction and the location of the brick entrance wall to Italska. I would not accept any proposal at this location that cannot demonstrate the minimum visibility splays of 90m x 2.4m x 90m. 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. It is considered that refusal of this application as recommended may have an impact on the individual Human Rights of the applicant. However, having considered the likely impact and the general interest of the public, refusal of the application 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 Local Plan - (Adopted 2 April 1998 - saved policies): Policy 4: Selected Small Villages (small-scale residential development should enhance character). Policy 13: Design and Setting of Development (specifies design principles required for new development). Policy 146: Corridors of Movement (direct access not permitted except for roadside services). Policy 147: New Accesses (developments which would endanger highway safety not permitted). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Design and form. 3. Impact on Conservation Area. 3. Highway safety. Development Control Committee (East) 38 8 May 2008 APPRAISAL The site forms part of the existing garden to Italska, a one-and-a-half-storey property and is within the village settlement boundary as identified in the Local Plan. The site also lies within the Thorpe Market Conservation Area. In principle new housing is acceptable within the development boundary of the village, subject to an acceptable relationship with the neighbouring properties, enhancement of the form and character of the village and Conservation Area and no adverse highway safety issues. The proposed site is L-shaped and has a frontage on to Cromer Road where a new access is proposed. Given the restricted width of the plot at this point, the dwelling would be set back approximately 45m. From this distance the front elevation of the proposed dwelling would be visible from Cromer Road behind the new landscaped driveway. Thorpe Market is characterised by residential development fronting the main road of the village although on this western side there is no regular building line. Consequently the principle of siting the property to the rear of the plot is considered acceptable. A two-storey dwelling is proposed. Eaves height would be minimised and gable widths comply with Design Guide recommendations. Traditional materials are proposed including flint, red brick and clay pantiles. This design approach as well the scale of the dwelling is considered acceptable for the size of the plot. To the north of the site is a single-storey dwelling, 'Coltsfoot'. This property is centrally sited on a large garden plot. The bungalow is sited 20m away from the northern boundary of the application site. The proposed two-storey dwelling is indicated off set from this boundary by approximately 2m. Two north facing first floor windows are indicated which would serve two bathrooms. Given that these windows would be obscurely glazed and the separation distance between the two properties, it is considered that there would be no adverse loss of amenity. The proposal would accordingly comply with the Council's basic amenity criteria. The proposal allows scope for a substantial amount of landscaping. It is considered that in this context the proposal would offer the potential for the enhancement of the appearance of this part of the village Conservation Area. A new access is proposed to serve the dwelling on to Cromer Road (A149), a Principal Route in the Adopted Route Hierarchy. The local speed restriction is 30mph and the minimum visibility requirement is 90m in either direction. As originally submitted a visibility splay of 77m (critical direction) was indicated although a recent amendment (Appendix 9) has increased this distance to 85.5m. Despite this revision County Highways have maintained their objection, given concerns over vehicular speeds through the village and the proximity of the site to a bend in the road; they consider that the 90m requirement should be strictly adhered to. In conclusion the proposal, in view of the Highway Authority’s objection, is considered contrary to Local Plan Policy 147 and refusal is recommended. RECOMMENDATION:Refuse on highway safety grounds. Development Control Committee (East) 39 8 May 2008 17. APPLICATIONS APPROVED UNDER DELEGATED POWERS ALBY - 20080164 - Erection of replacement front conservatory; Conway Blacksmiths Lane Erpingham for Mr H Wright (Full Planning Permission) ALDBOROUGH - 20080268 - Erection of first floor rear extension; I Dunno Thwaite Hill for Mr and Mrs Bacon (Full Planning Permission) ALDBOROUGH - 20080298 - Erection of replacement single-storey side extension; 3 The Mill Mill Lane for Mr J Thornberry (Full Planning Permission) ANTINGHAM - 20080234 - Erection of rear conservatory; Pebelocsis Southrepps Road for Mrs A Griffiths (Full Planning Permission) AYLMERTON - 20080341 - Siting of two sheds and home office; Durian House Beechwood Avenue for Mr J Pitcher (Full Planning Permission) BACTON - 20080170 - Erection of side porch/covered way; Butterflies Church Road for Mr I Dearden (Full Planning Permission) BACTON - 20080171 - Erection of side porch/covered way; Butterflies Church Road for Mr I Dearden (Alteration to Listed Building) BACTON - 20080216 - Erection of two-storey rear extension and conservatory; Lark Rise Church Road for Mr and Mrs Ashness (Full Planning Permission) BRUMSTEAD - 20080085 - Erection of replacement dwelling; Old Barn Farm Old Barn Road for Mr A Leveridge (Full Planning Permission) CATFIELD - 20080155 - Conversion of barn to residential annexe; Mill House Ludham Road for Mrs J Reid (Full Planning Permission) CATFIELD - 20080233 - Erection of single-storey rear extension; Brambles Back Lane for Mr and Mrs Allen (Full Planning Permission) COLBY - 20080247 - Erection of single-storey extension; The Old Cottage Colby Corner for Mr and Mrs Clarke (Full Planning Permission) COLBY - 20080261 - Erection of two-storey rear extension; Coppertops Colby Road Banningham for Messrs M J and S Feneron (Full Planning Permission) Development Control Committee (East) 40 8 May 2008 CROMER - 20080166 - Erection of detached one-and-a-half-storey dwelling; 42 Cromwell Road for Mr and Mrs N Babbage (Planning Permission; Reserved Matters) CROMER - 20080212 - Erection of rear conservatories; Three New Dwellings Connaught Road for Mr Royall (Full Planning Permission) CROMER - 20080235 - Erection of one and a half storey dwelling; land Between 27 and 30 Norwich Road for Mr A R Hams (Full Planning Permission) CROMER - 20080236 - Erection of single-storey rear extension and detached garage; 79 Station Road for Mr J Watts (Full Planning Permission) CROMER - 20080128 - Erection of front porch and rear balcony; 15 Arbor Road for Mr Fisher (Full Planning Permission) CROMER - 20080176 - Erection of attached three-storey dwelling; 17 Prince of Wales Road for Mr P Unwin (Full Planning Permission) CROMER - 20080242 - Erection of rear conservatory; 21 Howards Hill for Mr C Crane (Full Planning Permission) FELMINGHAM - 20080161 - Erection of single-storey extension, alterations to windows and doors, formation of access and car park; Grange Farm Grange Road for Mr J Turley (Full Planning Permission) FELMINGHAM - 20080199 - Erection of two-storey rear extension; Dairy Farm Cottage Hall Road for Mrs D Clarke (Full Planning Permission) GIMINGHAM - 20080147 - Erection of garages; Barn at Gimingham Hall Farm Hall Road for Mr Wilson (Full Planning Permission) GIMINGHAM - 20080197 - Erection of two-storey (part cantilevered) rear extension and one-and-a-half-storey end extension; Pittarrow Heath Lane for Mr A Cargill (Full Planning Permission) HANWORTH - 20080178 - Installation of window; Orchard House Gunton Park White Post Road for Mr and Mrs S Lennane (Alteration to Listed Building) HAPPISBURGH - 20080337 - Change of use from redundant post office/shop to ancillary residential accommodation; Post Office Stores Whimpwell Green for Mrs G M Guyatt (Full Planning Permission) Development Control Committee (East) 41 8 May 2008 HORNING - 20080270 - Erection of single-storey side extension; 18 Broadwater Way for Mr and Mrs Buckley (Full Planning Permission) HORNING - 20080327 - Erection of single-storey front extension with balcony above, single-storey side extension and one-and-a-half-storey rear extension; 3 Broadwater Way for Mr D Avelino (Full Planning Permission) HOVETON - 20080254 - Erection of replacement garage; Holly Wood Meadow Drive for Mr C Barham (Full Planning Permission) HOVETON - 20080274 - Erection of front conservatory; 6 Three Acre Close for Mr D Barnett (Full Planning Permission) INGWORTH - 20080228 - Installation of liquid petroleum gas storage tank; Point Cottage 79 Priory Lane for The National Trust (Full Planning Permission) LUDHAM - 20080177 - Erection of replacement rear extension and detached garage; Little Orchard Lovers Lane for Mr I Cullum (Full Planning Permission) MUNDESLEY - 20080181 - Removal of garage and side extension and construction of raised roof to provide first floor accommodation and attached garage; Hill Lodge 1a Links Road for Mr and Mrs J Coleman (Full Planning Permission) MUNDESLEY - 20080320 - Erection of single-storey dwelling with accommodation in roofspace; land rear of The Stables 43 High Street for Ms H Straw and Ms C Straw (Outline Planning Permission) NORTH WALSHAM - 20080271 - Erection of two-storey side extension; 23 Long Barrow Drive for Mr and Mrs Baird (Full Planning Permission) NORTH WALSHAM - 20080290 - Change of use of first floor from Class A1 (retail) to Class D2 (fitness suite); 6 St Nicholas Court Vicarage Street for Mr and Mrs Bullimore (Full Planning Permission) NORTH WALSHAM - 20080294 - Erection of replacement two-storey dwelling (revised design); Appledor Anchor Road Spa Common for Mr Pooley (Full Planning Permission) NORTH WALSHAM - 20080060 - Erection of building for storage of timber and detached office; plot 3 Cornish Way for Joinery Softwoods Limited (Full Planning Permission) NORTH WALSHAM - 20080287 - Erection of extension and laying out of additional car park; Tungate Farm Tungate for R Leisure (Full Planning Permission) Development Control Committee (East) 42 8 May 2008 OVERSTRAND - 20080222 - Erection of two-storey side extension; 21 Church Close for Mr and Mrs I Elliott (Full Planning Permission) PASTON - 20080272 - Erection of summerhouse; 2 Hennesseys Loke Edingthorpe for Mr M J Mawby (Full Planning Permission) PASTON - 20080349 - Conversion of squash courts to control room and offices; Bacton Gas Terminal Paston Road Bacton for Perenco UK Limited (Full Planning Permission) POTTER HEIGHAM - 20080179 - Erection of front extension; Robarte Chapel Lane for Mr and Mrs N High (Full Planning Permission) POTTER HEIGHAM - 20080292 - Erection of shed/domestic workshop; Wildcroft 33 Church Road for Mrs J Beckett (Full Planning Permission) RUNTON - 20080194 - Erection of single-storey extension; Oakhurst Top Common East Runton for Mr and Mrs P Allen (Full Planning Permission) RUNTON - 20080250 - Erection of potting shed, store shed, aviary and combined hen house/aviary; Hill House Holt Road Cromer for Mrs C M A Farrow (Full Planning Permission) RUNTON - 20080264 - Change of use of storage area to one caravan pitch; The Poplars Caravan Park Brick Lane East Runton for Mr K Parfitt (Full Planning Permission) RUNTON - 20080159 - Erection of single-storey rear extension and garage; Midsummer House The Hurn West Runton for Mr and Mrs J C Anseline (Full Planning Permission) RUNTON - 20080245 - Erection of front, side and rear extensions; 118 Cromer Road West Runton for Mr and Mrs E Williams (Full Planning Permission) SCOTTOW - 20080152 - Change of use of part former education block to B1 (office) for prison governor; former RAF Coltishall Tunstead Road for Ministry Justice Custodial Property (Full Planning Permission) SCOTTOW - 20080215 - Formation of vehicular access; junction of Tunstead Road and Barton Road RAF Coltishall for Annington Homes Limited (Full Planning Permission) SKEYTON - 20080318 - Erection of single-storey side extension; Brick Kiln Bungalow Church Road for Mr M Hicks (Full Planning Permission) Development Control Committee (East) 43 8 May 2008 SKEYTON - 20080328 - Erection of first floor extension; Plantation House Norwich Road for Mr and Mrs D Pennington (Full Planning Permission) STALHAM - 20071885 - Erection of twelve two-storey and three-storey apartments; Weavers House 1 High Street for Mr T P Turnwell (Outline Planning Permission) STALHAM - 20080218 - Erection of rear conservatory and detached garage; 16 Heron Gardens for Mr and Mrs J G B Bolton (Full Planning Permission) STALHAM - 20080238 - Erection of replacement conservatory; 103 Millside for Mr and Mrs Bell (Full Planning Permission) STALHAM - 20080269 - Alterations and erection of side extension; 89 Millside for Mr I Burton-Pye (Full Planning Permission) STALHAM - 20080307 - Erection of single-storey rear extension; 33 Heron Gardens for Mr P Dennis (Full Planning Permission) STALHAM - 20080313 - Conversion of garage with ancillary first floor accommodation to two units of holiday accommodation; Chapelfield Cottage Chapel Field Chapel Field Road for Mr G Holmes (Full Planning Permission) STALHAM - 20080315 - Erection of single-storey rear extension and front extension to garage; The Linnets Moor Lane The Green for Mr and Mrs Burdett (Full Planning Permission) STALHAM - 20080325 - Change of use from A1 (retail) to D1 (beauty and tanning salon); 95 High Street for Miss S Murtha (Full Planning Permission) SUTTON - 20080169 - Retention of front door; Stone Cottage The Street for Miss J Dyball (Alteration to Listed Building) SUTTON - 20080210 - Erection of side conservatory; Holly Farm Moor Road for Mrs Norris (Full Planning Permission) SWANTON ABBOTT - 20080121 - Erection of single-storey dwelling; Shangri La Long Common Lane for Mr and Mrs J E Smith (Outline Planning Permission) SWANTON ABBOTT - 20080251 - Erection of porch and conservatory; White Cottage Aylsham Road for Mr M Chipperfield (Full Planning Permission) SWANTON ABBOTT - 20080326 - Conversion of redundant building to two units of holiday accommodation; Pond Farm The Hill for Mr H Read (Full Planning Permission) Development Control Committee (East) 44 8 May 2008 TRIMINGHAM - 20080302 - Erection of replacement garage; 6 Broadwood Close for Mr and Mrs Slama (Full Planning Permission) WITTON - 20080204 - Conversion of outbuilding to two units of holiday accommodation; The Yards Mill Common Road Ridlington for Mrs N Yerrill (Full Planning Permission) 18. APPLICATIONS REFUSED UNDER DELEGATED POWERS NORTH WALSHAM - 20080073 - Erection of single-storey dwelling and garage; 7 Oaklands Park for Mr and Mrs R Moy (Full Planning Permission) NORTH WALSHAM - 20080198 - Erection of building for agricultural storage and accommodation of livestock; land at Bradfield Road for Mr K Rowbotham (Full Planning Permission) OVERSTRAND - 20080220 - Erection of single-storey dwelling; land adjacent 3 Beach Close for Mr M R Chapman (Full Planning Permission) RUNTON - 20080193 - Erection of one and a half storey dwelling; land at Widgeons Home Close West Runton for Dr and Mrs P Saunders (Full Planning Permission) SEA PALLING - 20080258 - Erection of two single-storey dwellings; land rear of Old Cottage Church Road for Mr E Smith (Full Planning Permission) APPEALS SECTION 19. NEW APPEALS OVERSTRAND - 20071879 - Erection of single-storey dwelling; land at 3 Cromer Road for Mr and Mr P Eden WRITTEN REPRESENTATIONS SUFFIELD - 01/097/DEV6/07/001 - Cooks Farm Rectory Road for D & M Hickling Properties Ltd PUBLIC INQUIRY SUFFIELD - 01/097/DEV6/07/001-1 - Barn conversions not being carried out in accordance with plans; Cooks Farm Rectory Road for D & M Hickling Properties Ltd PUBLIC INQUIRY SUFFIELD - 20071381 - Conversion of barns to six units of holiday accommodation; Cooks Farm Rectory Road for D & M Hickling Properties Limited PUBLIC INQUIRY Development Control Committee (East) 45 8 May 2008 SUFFIELD - 20071627 - Variations to approved scheme to include new vehicular access, erection of walls and installation of three LPG vessels with security fence; Cooks Farm Rectory Road for D & M Hickling Properties Ltd PUBLIC INQUIRY 20. PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS NORTH WALSHAM (WEST WARD) - 20071135 - Residential development; land at Cromer Road and Bradfield Road for Norfolk Homes Limited PUBLIC INQUIRY NORTH WALSHAM (WEST WARD) - 20071136 - Residential development; land at former Marricks Wire Ropes Cromer Road for Norfolk Homes Limited PUBLIC INQUIRY SWANTON ABBOTT - 20070243 - Erection of 4 terraced dwellings; land adjacent former Weavers Arms Aylsham Road for Horning Properties INFORMAL HEARING 24 Jun 2008 SWANTON ABBOTT - 20071469 - Erection of three detached houses; land adjacent to Ex Weavers Arms Aylsham Road for Horning Properties INFORMAL HEARING 24 Jun 2008 21. WRITTEN REPRESENTATIONS APPEALS - PROGRESS BACTON - 20071293 - Erection of two single-storey dwellings; land at Sea Holly Kimberley Road for Mr S Norman HOVETON - 20071247 - Demolition of hotel and erection of twenty-four apartments with car parking below; The Broads Hotel Station Road for Mr J R Herbert SITE VISIT :- 03 Apr 2008 KNAPTON - 20071727 - Erection of two single-storey dwellings; The Spinney Mundesley Road for Mr and Mrs Merrill SITE VISIT :- 01 May 2008 MUNDESLEY - 01/071/DEV6/07/005 - Authorised enforcement action for removal of unauthorised flue; 32 High Street for Halit Kol MUNDESLEY - 20071149 - Erection of two-storey dwelling; land at 20 Beckmeadow Way for Mr and Mrs D Spinks NORTH WALSHAM (WEST WARD) - 20071509 - Erection of two-storey extension to provide two apartments; Garden Court Aylsham Road for T H P D Properties Limited SITE VISIT :- 01 May 2008 OVERSTRAND - 20071678 - Erection of single-storey dwelling and garage; Beckhythe Cottage 3 High Street for Mr and Mrs Aylward Development Control Committee (East) 46 8 May 2008 22. APPEAL DECISIONS CROMER (TOWN WARD) - 20071364 - Erection of eighteen two-bed flats; site at Cambridge Street for Taylor Patterson Trustees Limited APPEAL DECISION :- DISMISSED MUNDESLEY - 20070626 - Erection of dwelling; land adjacent to 35 Trunch Road for Mr J Bonham APPEAL DECISION :- DISMISSED SEA PALLING - 20030910 - Erection of single-storey dwelling and garage; land adjacent to The Old Vicarage Church Road for Mr D Buckland APPEAL DECISION :- DISMISSED Development Control Committee (East) 47 8 May 2008