OFFICERS' REPORTS TO
DEVELOPMENT CONTROL COMMITTEE (EAST) - 14 MAY 2009
Each report for decision on this Agenda shows the Chief Officer responsible, the
recommendation of the Head of Planning and in the case of private business the
paragraph(s) of Schedule 12A to the Local Government Act 1972 under which it is
considered exempt. None of the reports have financial, legal or policy implications save
where indicated.
PUBLIC BUSINESS - ITEMS FOR DECISION
1.
CROMER – 20080405 – Application for Certificate of Lawfulness of Existing
Use as Single Dwellinghouse; The Bath House, The Promenade for Dr and Mrs
B C Connell
Report and Appendix 1 to follow.
PLANNING APPLICATIONS
Note :- Recommendations for approval include a standard time limit condition as Condition
No.1, unless otherwise stated.
2.
ERPINGHAM - 20090303 - Construction of all-weather multi-use playing area
with floodlighting; Village Hall The Street for Erpingham Parish Council
MINOR DEVELOPMENT - Target Date :26 May 2009
Case Officer :Miss C Ketteringham
(Full Planning Permission)
CONSTRAINTS
Archaeological Site
Countryside Policy Area
Conservation Area
RELEVANT PLANNING HISTORY
20080608 - (Full Planning Permission) - Construction of all-weather, multi-use
playing area (including car parking and floodlighting)
Withdrawn, 29 May 2008
THE APPLICATION
Construction of all weather, multi-use playing area (34m x 18.3m) behind the Village
Hall, enclosed by a 3.05m chain link fence. The play area would be lit by 6
floodlights, on 6m poles. The application includes an extension to the village
hall/recreation ground site comprising a triangular piece of adjoining agricultural land.
Four additional car parking spaces are included within this area.
REASON FOR REFERRAL TO COMMITTEE
At the request of Councillor Willcox having regard to the following planning issue:
Public interest of providing additional sporting facilities to be balanced with residential
amenity issues.
Development Control Committee (East)
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14 May 2009
REPRESENTATIONS
Five letters have been received from local residents objecting on grounds of:
1. Increased traffic.
2. Narrow road.
3. Existing village facilities adequate.
4. Noise.
5. Impact on Conservation Area.
6. Would become a hangout for teenagers.
7. Impact of floodlighting.
8. Insufficient car parking. It is suggested that the area for the games area is used on
busy occasions for parking.
One letter from a local resident expressing general support but a preference that it is
not used on Sunday evenings.
CONSULTATIONS
Conservation, Design and Landscape Manager (Landscape) - Awaiting comments.
County Council (Highways) - No objection subject to a condition requiring that the
light source from the floodlighting is not directly visible to road users.
Environmental Health - No objection subject to conditions requiring prior approval to
details of the lighting scheme and a condition restricting the use of the floodlights to
between 0800 and 2100 weekdays and 0900 and 2000 on Saturdays, Sundays,
Bank Holidays and Public Holidays.
Community Safety Manager - Offers guidance on the height of shrubs/hedges and
suggest downward lighting with PIR (sensor) fittings to discourage any after hours
use.
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 Core Strategy (Adopted September 2008):
Policy SS2: Development in the Countryside (prevents general development in the
countryside with specific exceptions).
Policy EN 2: Protection and enhancement of landscape and settlement character
(specifies criteria that proposals should have regard to, including the Landscape
Character Assessment).
Policy EN 4: Design (specifies criteria that proposals should have regard to, including
the North Norfolk Design Guide and sustainable construction).
Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive
development and specifies requirements relating to designated assets and other
valuable buildings).
Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution
and provides guidance on contaminated land and Major Hazard Zones).
Development Control Committee (East)
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14 May 2009
MAIN ISSUES FOR CONSIDERATION
1. Principle of recreation facility in this location.
2. Residential amenity.
3. Landscape impact.
4. Impact on Conservation Area.
APPRAISAL
The application site comprises a rectangular area of land directly behind Erpingham
village hall. The village hall site adjoins the boundary of the Wolterton Conservation
Area. The narrow triangle of adjacent agricultural land which is included within the
application site is within the Conservation Area.
The village forms part of the Countryside designation in the Core Strategy. Policy
SS2 allows for recreational uses in the countryside subject to no adverse harm to the
character and appearance of the area.
The application seeks permission for an all weather multi use games area (MUGA).
The games area (marginally larger than a tennis court) would be enclosed and
floodlit.
It is worth noting that the provision of such a facility without the additional land for car
parking and the floodlights, would not require planning permission by virtue of Part 12
of the Town and Country Planning (General Permitted Development) Order 1995
which applies to development by local authorities (including Parish Councils).
The principle of enhancing the recreational facilities available in the village is to be
supported. However, this needs to be balanced in this case with potential
implications of the proposal on the landscape and nearby residential amenities.
With regard to its visual impact, the proposed games area is within the existing
recreation ground and screened by hedging, trees and the village hall. Small sections
of the boundary hedgerow would be removed to allow vehicular access in to the
additional area of land for parking. Planting of the newly formed eastern boundary is
proposed. Subject to the comments of the Conservation, Design and Landscape
Manager (Landscape) no objections are raised concerning the resulting visual impact
of the proposal nor regarding its impact on the character of the Conservation Area.
The nearest houses to the proposed games area are on the opposite side of The
Street, approximately 100m distant. The village hall itself is between the application
site and these houses. Although there would be an increase in activity as a result of
the proposal and its use after dark, on the basis of the restrictions suggested by
Environmental Health (which reflect those proposed by the applicants) it is
considered these factors would substantially mitigate against any adverse amenity
impact.
The submitted plan indicates fourteen parking spaces within the existing car park to
the front of the village hall, together with the additional four spaces proposed on the
extended part of the site. The Highway Authority has raised no objection to this
aspect of the proposal, although the agent has been asked to respond to points
raised in a letter from an objector that the area of the proposed games area is used
on occasions as an additional parking area.
In conclusion it is considered that the proposal accords with Development Plan policy
and approval is recommended.
Development Control Committee (East)
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14 May 2009
RECOMMENDATION:CONDITIONS:-
APPROVE,
SUBJECT
TO
THE
FOLLOWING
2) Prior to the bringing into use of the development hereby permitted a chain link
fence surrounding the playing area shall be installed in accordance with details of its
colour which shall have been submitted to and approved in writing by the Local
Planning Authority.
3) Prior to the installation of the floodlighting, details shall be submitted to and
approved in writing by the Local Planning Authority, including measures to direct the
source of lighting from users of the nearby highway network. The lighting shall
thereafter be installed in accordance with the approved details unless otherwise
agreed in writing by the Local Planning Authority.
4) The floodlights shall not be operated at the premises except between the hours of
0800-2100 on weekdays or 0900-2000 on Saturday, Sundays, Bank Holidays or
Public Holidays.
5) Prior to the commencement of the development hereby permitted, a landscaping
scheme shall be submitted to and approved in writing by the Local Planning
Authority.
The scheme shall indicate the species, number and size of new trees and shrubs at
the time of their planting.
The scheme shall also include indications of all existing trees and hedgerows on the
land, with details of any to be retained (which shall include details of species and
canopy spread), together with measures for their protection during the course of
development.
The scheme as approved shall be carried out not later than the next available
planting season following the commencement of development or such further period
as the Local Planning Authority may allow in writing.
6) 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:2) In order for the appearance of the approved development to merge satisfactorily
with its surroundings, in accordance with Policy EN 4 of the adopted North Norfolk
Core Strategy.
3) In the interests of the visual amenities/residential amenities of the area and in the
interests of highway safety and convenience, and in accordance with Policy EN 13 of
the adopted North Norfolk Core Strategy, as amplified by paragraph 3.3.74 of the
explanatory text.
4) In the interests of the visual amenities/residential amenities of the area and in the
interests of highway safety and convenience, and in accordance with Policy EN 13 of
the adopted North Norfolk Core Strategy, as amplified by paragraph 3.3.74 of the
explanatory text.
5) To protect and enhance the visual amenities of the area, in accordance with Policy
EN 4 of the adopted North Norfolk Core Strategy.
6) To protect and enhance the visual amenities of the area, in accordance with Policy
EN 4 of the adopted North Norfolk Core Strategy.
Development Control Committee (East)
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14 May 2009
3.
POTTER HEIGHAM - 20090313 - Continued use of land for siting mobile home;
Glebe Farm Marsh Road for Messrs R and B Hall
MINOR DEVELOPMENT - Target Date :29 May 2009
Case Officer :Mr Thompson/Mr Took
(Full Planning Permission)
CONSTRAINTS
Environment Agency Flood Zone
Countryside Policy Area
RELEVANT PLANNING HISTORY
20060541 - (Full Planning Permission) - Siting of mobile home as temporary
agricultural worker's dwelling
Temporarily Approved, 13 Jul 2006
THE APPLICATION
Renewal of a permission for a further three year period for the standing of a mobile
home. An agricultural statement is submitted as supporting information detailing the
progression of the establishment of the agricultural unit (Appendix 2).
REASON FOR REFERRAL TO COMMITTEE
At the request of Councillor Partridge having regard to the following planning issue:
To consider the agricultural justification required to satisfy the policy criteria.
PARISH COUNCIL
Objects on the grounds that this is no longer a temporary agricultural worker's
dwelling and if approval is given again it soon becomes a permanent dwelling with
this council opposes. This is contrary to planning policy reflected in Local Plan
Policies 5, 66 and 68 and this application should be similarly refused.
CONSULTATIONS
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 Core Strategy (Adopted September 2008):
Policy HO 5: Agricultural, forestry and essential worker dwellings in the Countryside
(specifies the requirements for provision of new agricultural, forestry and essential
worker dwellings in the Countryside policy area).
MAIN ISSUES FOR CONSIDERATION
1. Development in the Countryside policy area.
2. Agricultural need.
Development Control Committee (East)
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14 May 2009
APPRAISAL
The site forms part of an agricultural holding of about 24ha located in an area
designated as countryside where new dwellings, including mobile homes, are not
normally permitted, although an exception can be made in cases where there is a
genuine proven need for a farm worker to reside on the holding. Policy HO 5 of the
Core Strategy specifies the requirements for such exceptions which includes the
need to justify a functional and financial need for the agricultural enterprise.
The application seeks a further temporary permission for the continued standing of
the mobile home that was originally granted in June 2006. The application included
supporting evidence as to the nature of the agricultural holding (including stock
levels) and as a result was considered to address the requirement of meeting the
financial and functional need of the holding.
The current application has included updated information on the investments that
have been made during the preceding years and the current livestock levels
(Appendix 2). The submitted statement confirms that a profitable farm business has
been established and that further investments have included rare breed pigs (20
sows and increasing) lowland spring lamb production from a core flock of 220 ewes,
and a newly introduced small suckler herd of 3 Hereford beef cows.
From the evidence that has been submitted and the continued growth and
investment in the holding it is evident that since the granting of the original temporary
permission the business is capable of becoming viable. Accordingly, it is considered
appropriate to allow a further temporary permission for the siting and occupation of
the mobile home. This approach is consistent with the advice contained within
Government guidance PPS7, Sustainable Development in Rural Areas, which
suggests temporary permissions are appropriate to enable a holding to become
properly established.
It is considered that the granting of a further temporary permission in this case
accords with Development Plan policy.
RECOMMENDATION:A temporary three year permission be granted, including a condition restricting
the occupancy of the mobile home to persons and their dependents being
employed on the agricultural holding.
4.
SEA PALLING - 20081654 - Conversion of barn to additional bed and breakfast
accommodation; Lound Farm Hickling Road Hickling for Mrs Deane
MINOR DEVELOPMENT - Target Date :10 Feb 2009
Case Officer :Miss C Ketteringham
(Full Planning Permission)
CONSTRAINTS
Environment Agency Flood Zone
Countryside Policy Area
RELEVANT PLANNING HISTORY
20031657 - (Full Planning Permission) - Conversion of redundant agricultural
buildings to bed and breakfast accommodation and formation of new vehicular
access
Approved, 28 Apr 2004
Development Control Committee (East)
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14 May 2009
20080561 - (Full Planning Permission) - Conversion of barn to holiday
accommodation
Withdrawn, 07 May 2008
20081005 - (Full Planning Permission) - Conversion of barn to holiday
accommodation
Withdrawn, 12 Aug 2008
THE APPLICATION
To convert the remaining part of an agricultural building into three guest bedrooms to
provide additional holiday accommodation.
The application is accompanied by the following supporting information:
Flood Risk Assessment.
Flood Response Plan.
Design and Access Statement.
Species Survey.
REASON FOR REFERRAL TO COMMITTEE
At the request of Councillor Price having regard to the issue of flood risk.
PARISH COUNCIL
No objection.
CONSULTATIONS
Conservation, Design and Landscape Manager (Landscape) - The application should
not be approved with the present level of information on protected species. We must
have due regard to the requirements of the Conservation (Natural Habitats &c)
Regulation 1994 when making a decision. It is essential that the extent to which
protected species are affected by a proposed development is established before
planning permission is granted. An autumn survey indicated the presence of bats. A
decision should not be made until a report based on summer surveys has been
provided.
County Council (Highways) - No objection subject to a condition on car parking.
Environment Agency - The Flood Risk Assessment submitted does not comply with
the requirements set out in paragraph E3 of PPS25. The submitted FRA does not
therefore provide a suitable basis for assessment to be made of the flood risks
arising from the proposed development.
In particular the submitted FRA fails to :
1. Consider the effect of a range of flooding events up to and including the extreme
event on people and property.
2. Consider the safety of those within and around the proposed development.
The FRA should include flood levels, breach and overtopping analysis and site
survey.
The Environment Agency acknowledges that no objections were raised to the FRA
submitted with the first planning application to convert other buildings on the site to
holiday accommodation in 2004 (reference 20031657). However, since this
submission substantial changes in planning policy have occurred as well as changes
in predicted flood levels and allowances for climate change, therefore the Agency do
not accept the previous FRA appropriate in the case of the current application (see
Appendix 3).
Environmental Health - No objection.
Development Control Committee (East)
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14 May 2009
Natural England - Does not wish to comment, but emphasises that this does not
imply support or objection to the 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.
Having considered the likely impact on an individual's Human Rights, and the general
interest of the public, approval of this application as recommended is considered to
be justified, proportionate and in accordance with planning law.
CRIME AND DISORDER ACT 1998 - SECTION 17
The application raises no significant crime and disorder issues.
POLICIES
North Norfolk Core Strategy (Adopted September 2008):
Policy SS2: Development in the Countryside (prevents general development in the
countryside with specific exceptions).
Policy EC 2: The re-use of buildings in the Countryside (specifies criteria for
converting buildings for non-residential purposes).
Policy EN 2: Protection and enhancement of landscape and settlement character
(specifies criteria that proposals should have regard to, including the Landscape
Character Assessment).
Policy EN 4: Design (specifies criteria that proposals should have regard to, including
the North Norfolk Design Guide and sustainable construction).
Policy EN 9: Biodiversity and geology (requires no adverse impact on designated
nature conservation sites).
Policy EN 10: Flood risk (prevents inappropriate development in flood risk areas).
MAIN ISSUES FOR CONSIDERATION
1. Flood risk.
2. Biodiversity.
APPRAISAL
Lound Farm is in a remote location within the Countryside policy area midway
between Sea Palling and Hickling. It is a working arable farm. The former livestock
side of the business has ceased and the farm has diversified into tourism by
converting a group of farm buildings into holiday accommodation. Over 80% of the
buildings' floor area has already been converted into guest bedrooms with shared
lounge and activity/function facilities following the grant of planning permission in
2004. The current proposal is to convert the remaining available floorspace into three
additional guest bedrooms with galleries in the roof space.
The main issue for consideration in respect of the proposal relates to the continued
objection raised by the Environment Agency on the adequacy of the Flood Risk
Assessment (FRA) submitted with the application. The FRA includes reference that
the proposed floor levels would be raised to the same height as the adjoining existing
holiday accommodation. When the original conversion to holiday accommodation
was applied for a FRA was prepared and the Environment Agency raised no
objection on the basis of it.
In the intervening period the Government has developed its guidance on flood risk
(PPS25: Development and Flood Risk) discouraging a change of use of buildings
within areas identified as being subject to flooding from 'less vulnerable' to 'more
Development Control Committee (East)
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14 May 2009
vulnerable' categories. This is unless a full FRA with comprehensive breach and
overtopping analysis establishes that the development site will not be subject to a
high risk of flooding. The Environment Agency's objection on these grounds is
attached in Appendix 3.
The applicant has challenged the need to undertake a further FRA. She has asked
whether as an alternative a new build extension (instead of conversion) would be
more acceptable. This has raised an apparent anomaly in the guidance issued by the
Environment Agency on the circumstances when a FRA is required and the level of
detail required. The Agency has confirmed that a new build extension with a
floorspace under 250sq.m would not require a full FRA. A much simpler FRA would
only need to demonstrate that floor levels will be no lower than existing and
appropriate flood proofing measures are to be incorporated, equivalent to the details
submitted with this planning application. This simpler form of FRA does not need to
be referred to the Environment Agency, instead it is up to the Local Planning
Authority to scrutinise.
Subsequent discussions have taken place with the Environment Agency on this
apparent anomaly, but the Agency has re-affirmed its objection to the application on
grounds that a full FRA is required for the proposal in accordance with PPS25, "the
proposal involves placing additional people in a flood risk area, and it is due to these
concerns that a FRA must be conducted to assess the potential risks to the
development".
The principle of the proposed development accords with Core Strategy Policies EC1
and EC2 in that it is for an appropriate form of diversification and the building is
soundly built without the need for any substantial re-building or any extension.
Core Strategy Policy EC 1 is supportive of farm diversification providing it reuses
existing buildings. Whilst a small new build extension could perhaps be acceptable in
the circumstances of this site, this would seem a perverse solution where a building
exists which in all other respects is sound and suitable for conversion.
Policy EC 2 also requires proposals for the re-use of existing buildings to protect
biodiversity interests. In this respect a Bat and Barn Owl survey submitted with the
application (conducted in September 2008) found evidence of bats but concluded
that summer surveys were necessary to determine the species and the status of the
roosts. Members will note the comments of the Conservation, Design and Landscape
Manager regarding the need for this further survey work to be undertaken prior to the
application being formally determined. The agent has confirmed that his clients are in
agreement to undertake the summer surveys.
In conclusion the proposal represents a modest expansion of an existing holiday
accommodation business, and one which complies with Core Strategy Countryside
and Economic policies. The objection raised by the Environment Agency needs to be
considered, but balanced against the fact that the applicant could propose as an
alternative a new extension of equivalent floorspace which would not require a full
FRA and this would be less acceptable in terms of other Core Strategy policies, it is
not considered that the application should be refused on flood risk grounds. The
Environment Agency has been advised of this recommendation and in accordance
with PPS25 has been invited to make further comments. Their response is attached
in Appendix 3.
Subject to the completion and outcome of the further protected species survey to be
carried out, in all other respects the proposal accords with Development Plan policy.
Development Control Committee (East)
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14 May 2009
RECOMMENDATION:Delegated authority to approve subject to a further satisfactory bat survey and
appropriate wildlife mitigation measures together with the imposition of
appropriate conditions including those suggested by the Environment Agency.
5.
THORPE MARKET - 20090166 - Continued use of land for siting of marquee;
Elderton Lodge Hotel Cromer Road for Mr P W Roofe
MINOR DEVELOPMENT - Target Date :24 Apr 2009
Case Officer :Mrs R Partridge
(Full Planning Permission)
CONSTRAINTS
Historic Parks and Gardens (Grade II*)
Countryside Policy Area
Conservation Area
Listed Building Grade 2
Tree Preservation Order
Class 'A' Road, within 60m
RELEVANT PLANNING HISTORY
20051387 - (Full Planning Permission) - Concrete base to accommodate marquee
Refused, 17 Oct 2005
THE APPLICATION
Continued use of land for siting of marquee between March and October each year in
association with hotel use. The marquee measures 21m x 9m (length x width).
REASON FOR REFERRAL TO COMMITTEE
The application was deferred at a previous meeting of the Committee.
PARISH COUNCIL
Support.
REPRESENTATIONS
Five letters of objection received from neighbouring residents raising the following
issues:
1. Adverse impact on the Listed Building and the historic landscape/environment.
2. Large, visible and unsightly white structure, out of scale with surroundings.
3. Detrimental to the character of the area.
4. Noise and disturbance.
5. Increased traffic/highway safety.
Letter received from Hanworth Parish Council commenting that both Elderton Lodge
and the Park lie within Gunton Park Conservation Area and the landscape is Grade
II*. While sympathetic to the use of a marquee in the Elderton gardens for a limited
number of events, the Parish is concerned that there is a possibility that it will
become a permanent feature with continuous activity. Amplified music and noise
from evening events late at night are already heard by some Gunton residents as
well as others living adjacent. Any permission should be for a limited use with a
temporary structure and subject to conditions to avoid excessive intrusion on the
Conservation Area.
Development Control Committee (East)
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14 May 2009
CONSULTATIONS
Conservation, Design and Landscape Manager (Conservation and Design) - The
marquee is clearly a temporary structure with no permanent base or fixings and as it
can be readily removed there are no direct long term implications to the listed
building. This said the marquee in its current position does not co-existing
harmoniously with the listed building given its size, strident white colour and close
proximity to the rear facade. A preference would be to site the marquee to the side of
the hotel, but the applicant is not willing to agree to this.
This kind of temporary structure is not usually acceptable in the setting of a listed
building, and in this case a temporary permission only (for two years) is
recommended with a more satisfactory structure/siting being found in the longer
term.
County Council (Highways) - Recommends refusal on grounds that the use of the
proposed marquee would intensify the use of a substandard access onto the A149
principal route. The recommendation of refusal is based on the guest information
provided with the application (up to 100 for sit-down meals/wedding breakfasts and
an assumed 150+ persons for buffet function/evening reception). Reference is also
made to the considerable accident record on this section of the A149; see full
response in Appendix 4.
English Heritage - Does not wish to offer comments. The application should be
determined in accordance with national and local policy guidance and on the basis of
your specialist conservation advice.
Environmental Health - Advises of a history of noise complaints regarding the use of
the marquee dating back to June 2007. This resulted in concern about potential for
statutory nuisance. Following a recent visit to the site and noise readings taken from
a nearby residential property (whilst amplified music was played in the marquee)
concludes that a condition should be imposed in the event of planning permission
being granted, to prevent amplified music being played inside the marquee until such
time as a sound level regulatory device (noise limiter) has been installed and
approved by the Local Planning Authority. Also recommends that any permission
should only be temporary for one year to allow the opportunity to monitor noise levels
should amplification be subsequently allowed.
Garden History Society - No comments received.
Norfolk Gardens Trust - No objection.
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.
Development Control Committee (East)
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14 May 2009
POLICIES
Norfolk Structure Plan (Adopted 29 October 1999 - saved policies):
Policy SS2: Development in the Countryside (prevents general development in the
countryside with specific exceptions).
Policy EN 2: Protection and enhancement of landscape and settlement character
(specifies criteria that proposals should have regard to, including the Landscape
Character Assessment).
Policy EN 8: Protecting and enhancing the historic environment (prevents insensitive
development and specifies requirements relating to designated assets and other
valuable buildings).
Policy EN 13: Pollution and hazard prevention and minimisation (minimises pollution
and provides guidance on contaminated land and Major Hazard Zones).
Policy CT 5: The transport impact of new development (specifies criteria to ensure
reduction of need to travel and promotion of sustainable forms of transport).
MAIN ISSUES FOR CONSIDERATION
1. Impact on the setting of the listed building and the character and appearance of
the Conservation Area and Historic Park and Garden.
2. Noise and nuisance impact on the neighbouring residents.
3. Highway safety.
APPRAISAL
The application was deferred at the meeting of 16 April 2009 for a site visit.
The application relates to a marquee which is currently sited immediately to the rear
(west) of the Elderton Lodge Hotel.
In 2005 planning permission was refused for a concrete base to accommodate the
marquee on land to the front of the Hotel (east). In this location the prominent open
position, the size and stark appearance of the marquee was considered to have an
adverse impact on the listed building and on the character of this important
landscape. The current application differs in that the marquee is located to the rear of
Elderton Lodge, where the building and surrounding wooded area mainly screens it
from wider views.
Notwithstanding this the marquee, due to it size and appearance, is neither
compatible with its surroundings nor does it compliment the setting of the listed
building. Given however that its visual impact is relatively localised the Conservation,
Design and Landscape Manager is not opposed to a temporary permission being
granted in this case.
Information provided with the application indicates the marquee would be erected
between March and October each year for use of up to 30 functions (equivalent to 1
function per week). It is understood that the purpose of the marquee is to
accommodate wedding parties in one area, and whilst the hotel can in its own right
facilitate wedding guests of 100+ the layout and size of rooms is not conducive for
larger parties. The marquee is understood to have been used for this purpose for a
number of years and that initially it was erected and dismantled as and when
required. However, in recent years the marquee has remained erected in the current
location for longer periods of time.
The nearest residential property to the marquee is some 100m due east. As referred
to above the Council's Environmental Health Officer (EHO) has previously
investigated noise complaints (amplified music) from the marquee. As part of the
consideration of this planning application and a demonstration of music being played
Development Control Committee (East)
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14 May 2009
in the marquee the EHO recommends that if planning permission is granted, it should
be temporary for one year and subject to a condition preventing amplified music
unless details of a sound regulatory device (noise regulator) are first agreed.
The applicant has confirmed his intentions with immediate effect that the louder disco
music will be held in the hotel conservatory and is currently advising existing
bookings of this arrangement. He is also in agreement to install a noise controlled
system into the marquee to provide background music only to be agreed with the
Council's Environmental Health Officer.
The existing access serving the hotel adjoins the A149 North Walsham Road. As
Members will see from the response from the Highway Authority (Appendix 4) that
the point of access is not considered to be adequate in terms of its configuration,
width, radii and forward visibility. For this reason the Highway Authority considers the
additional volumes of traffic which would be generated by the marquee use to be
unacceptable consequently objects to the application.
In conclusion, because of the nature of the marquee and its relatively concealed
location, there is no objection to it being retained for a temporary period from a
visual/character perspective. There is an issue relating to potential noise nuisance
from its use and Members will note the above recommendations of the EHO. Whilst
in determining this application account needs to be taken of the economic benefits
the retention of the marquee will provide to this local business, in view of the
objection raised by the Highway Authority on safety grounds, refusal is
recommended.
RECOMMENDATION:- REFUSE, FOR THE FOLLOWING REASONS:1) The District Council adopted the North Norfolk Core Strategy on 24 September
2008 for all planning purposes. The following policy statement is considered relevant
to the proposed development:
Policy CT 5: The transport impact of new development
The proposed development would intensify the use of a substandard access on a
stretch of classified highway (North Walsham Road A149 - Principal Route/Corridor
of Movement) 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 degree of conflict
and interference to the passage of through vehicles already occurs, but the
intensification of that interference which this proposal would engender would lead to
the deterioration in the efficiency of the through road as a traffic carrier and be
detrimental to highway safety, in conflict with Policy CT 5.
6.
APPLICATIONS APPROVED UNDER DELEGATED POWERS
ALDBOROUGH - 20090199 - Erection of single-storey side extension, part
raised roof with dormer windows and detached garage; The Croft The Green
for Mr Thomson
(Full Planning Permission)
ALDBOROUGH - 20090210 - Erection of detached double garage; Deneside
Cottage Ringbank Lane Thurgarton for Mr Boyle
(Full Planning Permission)
Development Control Committee (East)
13
14 May 2009
AYLMERTON - 20090201 - Extension and conversion of former agricultural
building to one unit of holiday accommodation; Building to rear, Laurel Farm
Holt Road for Mr Medler
(Full Planning Permission)
BACTON - 20090140 - Erection of single-storey detached annexe; The Jays
North Walsham Road for Mr and Mrs Petterson
(Full Planning Permission)
BACTON - 20090209 - Conversion of part of amusement arcade to residential
flat; Bacton Amusements Coast Road for Mr Gray
(Full Planning Permission)
CATFIELD - 20090314 - Prior notification of intention to erect extension to
agricultural building; Grove Farm Sharp Street for Norfolk County Council
(Prior Notification)
COLBY - 20090226 - Erection of single-storey extensions; Spring Meadow
Bridge Road for Mr Hall
(Full Planning Permission)
CROMER - 20081536 - Construction of additional car parking spaces; Benjamin
Court Hospital Roughton Road for NHS Norfolk
(Full Planning Permission)
CROMER - 20090149 - Erection of two-storey extension; The Stables Cliff Road
for Mr Hopwood
(Full Planning Permission)
CROMER - 20090152 - Formation of refuse store enclosures; 11-19 Abbeville
Cabbell Road for Wherry Association
(Full Planning Permission)
CROMER - 20090200 - Display of illuminated and non illuminated
advertisements; Unit C North Norfolk Retail Park Holt Road for Halfords Ltd
(Illuminated Advertisement)
HORNING - 20090110 - Installation of two first floor windows and staircase to
attic; Unit 1, 33-35 Lower Street for Mr Moore
(Alteration to Listed Building)
HOVETON - 20090170 - Erection of rear conservatory; 109 Stalham Road for Ms
A Pickering
(Full Planning Permission)
INGHAM - 20090119 - Erection of first floor extension; The Lodge Sea Palling
Road for Mr and Mrs Jeffries
(Full Planning Permission)
LUDHAM - 20090182 - Erection of single-storey rear extension; Walton Hall
Farm Gipsies Lane for Mr P Helsdon
(Full Planning Permission)
MUNDESLEY - 20090132 - Installation of four rooflights; Flat 6 Oakdene Cromer
Road for Mr Harding
(Full Planning Permission)
Development Control Committee (East)
14
14 May 2009
NEATISHEAD - 20090142 - Erection of single-storey extension; 1 Chapel Corner
Cangate Road for Mr Howlett
(Full Planning Permission)
NEATISHEAD - 20090208 - Erection of two-storey rear extension; Cangate
Cottage Cangate Road Neatishead Cangate for Mr Claxton
(Full Planning Permission)
NORTH WALSHAM - 20090235 - Erection of single-storey side extension; 52
Wharton Drive for Mr Meiszner
(Full Planning Permission)
NORTH WALSHAM - 20090126 - Display of non-illuminated hanging sign; 17
Market Place for Halifax
(Non-illuminated Advertisement)
NORTH WALSHAM - 20090189 - Installation of advertisements; 26 Market Place
for Nationwide Building Society
(Alteration to Listed Building)
NORTH WALSHAM - 20090236 - Erection of conservatory; 13 Birds Road for Mr
and Mrs Manners
(Full Planning Permission)
OVERSTRAND - 20090030 - Erection of single-storey dwelling; Reppside 37
Cromer Road for Mr Howell
(Planning Permission; Reserved Matters)
PASTON - 20090176 - Construction of sewer; Mundesley Holiday Centre Stow
Hill for Horning Pleasurecraft Ltd
(Full Planning Permission)
ROUGHTON - 20090135 - Erection of attached car-port; The Cottage Hillside for
Mr Laing
(Full Planning Permission)
RUNTON - 20090172 - Change of use from residential to A1 retail/ residential;
Inglewood House 42 High Street East Runton for Mr and Mrs M Ashwell
(Full Planning Permission)
SEA PALLING - 20090087 - Certificate of lawfulness for existing use of annexe
as separate dwelling; Poplar Farm Coast Road Waxham for Sunrise Poultry
Farms Ltd
(Certificate of Lawfulness)
SKEYTON - 20090274 - Extension to and raising height roof and chimney; The
Bungalow Norwich Road for Mr Watson
(Full Planning Permission)
SOUTHREPPS - 20090160 - Construction of menage; 12 Warren Road for Mrs P
Hooker
(Full Planning Permission)
SOUTHREPPS - 20090188 - Change of use from annexe to separate residential
dwelling and erection of boundary wall; The Hamlet, Ham House 1 High Street
for Mr G McCabe
(Full Planning Permission)
Development Control Committee (East)
15
14 May 2009
STALHAM - 20090187 - Erection of two-storey side extension and rear
conservatory; 37 Ingham Road for Mr D Boden
(Full Planning Permission)
STALHAM - 20090194 - Erection of dwelling; land adjacent, Millside Bungalow
Yarmouth Road for Mr D M Futter
(Outline Planning Permission)
STALHAM - 20090207 - Demolition of former cinema; The Old Cinema
Brumstead Road for Mrs King
(Demolition in a Conservation Area)
STALHAM - 20090252 - Erection of two-storey side extension and single- storey
front extension; 2 Strawberry Fields for Mr and Mrs Farmer
(Full Planning Permission)
TRIMINGHAM - 20090212 - Conversion and extension of outbuilding to provide
habitable accommodation; Hall Farm Church Street for Mr Harrison
(Full Planning Permission)
TRIMINGHAM - 20090213 - Alterations to outbuilding and erection of single
storey extension; Hall Farm Church Street for Mr Harrison
(Alteration to Listed Building)
TRUNCH - 20090183 - Conversion of former builder's store/workshop to
residential dwelling; Builders Store and Workshop Front Street for Trunch
Builders
(Full Planning Permission)
TRUNCH - 20090216 - Formation of vehicular access; 39 North Walsham Road
for Mrs Grant
(Full Planning Permission)
WESTWICK - 20090178 - Erection of extension to outbuilding and conversion
to annexe; 32 Norwich Road for Mr Mackey
(Full Planning Permission)
WITTON - 20090233 - Erection of two-storey side extension and single- storey
rear extension; 1 The Loke for Mrs Penn
(Full Planning Permission)
7.
APPLICATIONS REFUSED UNDER DELEGATED POWERS
AYLMERTON - 20090275 - Prior notification of intention to erect agricultural
storage building; land off Church Road for R G Medler Farming Ltd
(Prior Notification)
NORTH WALSHAM - 20090180 - Siting of mobile delicatessen; 2 Grammar
School Road for Mrs R Sutherland
(Full Planning Permission)
NORTH WALSHAM - 20090184 - Demolition of rear extension and erection of
dwelling; 67 Station Road for Mrs W Amis
(Outline Planning Permission)
Development Control Committee (East)
16
14 May 2009
OVERSTRAND - 20071678 - Erection of single-storey dwelling and garage;
Beckhythe Cottage 3 High Street for Mr and Mrs Aylward
(Outline Planning Permission)
RUNTON - 20090116 - Certificate of lawfulness for proposed erection of
conservatory; Southways The Common West Runton for Mr Waters
(Certificate of Lawfulness)
RUNTON - 20090147 - Construction of access track; Treehaven Sandy Lane
West Runton for Jeesal Residential Care Ltd
(Full Planning Permission)
APPEALS SECTION
8.
NEW APPEALS
WALCOTT - 20081662 - Removal of condition 3 of planning application
reference: 20021117 to permit residential occupancy; White Farm Barn North
Walsham Road Happisburgh for Mr Kinsey
INFORMAL HEARING
9.
PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS
AYLMERTON - 20080300 - Erection of two-storey dwelling; site adjoining Breck
Lodge Holt Road for Westcrome Properties Limited
INFORMAL HEARING 07 May 2009
10.
WRITTEN REPRESENTATIONS APPEALS - PROGRESS
AYLMERTON - 20080817 - Removal of occupancy restriction; Edgewood Holt
Road for Mr C Cudmore
MUNDESLEY - 20080808 - Demolition of single-storey dwelling and stables and
erection of eight two-storey dwellings; 17 Marina Road for Mrs P Smith
SITE VISIT :- 28 Apr 2009
NORTH WALSHAM - 20081534 - Erection of three single-storey dwellings; 47
Yarmouth Road for Mr Yaxley
WALCOTT - 20081277 - Erection of detached single-storey dwelling and garage
(renewal of 20051326); Marigold Poplar Drive for Dr M Goodliffe
WORSTEAD - 20080458 - Conversion and extension of stables to provide two
units of holiday accommodation; Church View Westwick Road for Mr D P
Gilligan
SITE VISIT :- 31 Mar 2009
11.
APPEAL DECISIONS
NORTH WALSHAM - 20080134 - Erection of one hundred and forty-nine
dwellings, (forty of which are sheltered), sixty-bed care home, ten employment
units and convenience store; Hopkins Homes site Norwich Road for Hopkins
Homes Limited
APPEAL DECISION :- DISMISSED
Development Control Committee (East)
17
14 May 2009