OFFICERS’ REPORTS TO DEVELOPMENT CONTROL COMMITTEE (WEST) – 4 DECEMBER 2008 Each report for decision on this Agenda shows the Officer responsible, the recommendation of the Head of Planning and Building Control and in the case of private business the paragraph(s) of Schedule 12A to the Local Government Act 1972 under which it is considered exempt. None of the reports have financial, legal or policy implications save where indicated. PUBLIC BUSINESS - ITEM FOR DECISION BY COMBINED COMMITTEE 1. RAYNHAM – 20081353 - Variation of condition four of 20040018 to permit residential occupancy personal to the applicant; Wren Cottage, Helhoughton Road, West Raynham for Mr and Mrs Mason To consider whether to grant planning permission for the variation of condition 4 of planning permission 20040018 to permit residential occupancy personal to the applicant of a holiday unit within the Countryside policy area. Background This application was considered by the Development Control Committee (West) on 6 November 2008, where it was resolved to refer the application to the Combined Committee with a recommendation for approval. The reason for this recommendation was that the applicants are currently living in tied housing which they will need to leave upon retirement and will therefore become homeless and since Mr Mason is employed in the locality. The Committee considered that these reasons outweighed the policy issues in this case. Officers recommended refusal of the application on the grounds that the applicants failed to demonstrate sufficient justification to allow for a personal permission to occupy the property as a residential dwelling in the Countryside policy area where there is a general presumption against development that does not accord with the requirements of Policy SS 2 of the North Norfolk Core Strategy. The proposal would 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. The report to the meeting on 6 November 2008 and the applicants’ supporting information is attached as Appendix 1. Key Policy Issue The key issue is whether the information supplied by the applicant to permit residential occupancy personal to the applicant is sufficient to justify a departure from policy for a residential dwelling in the countryside policy area. Appraisal Planning permission was granted in 2004 under reference 20040018 for the conversion of the building, which was a redundant football pavilion, into a holiday cottage. Condition 4 of that permission states “The holiday unit hereby permitted shall be used for holiday accommodation purposes only and shall not be used as the sole or main residence of the occupiers”. The reason the condition was imposed was the location of the site within the countryside policy area, where permanent residential accommodation was contrary to Policies 5 and 29 of the North Norfolk Local Plan. Under the adopted Core Strategy a residential use in this location is still contrary to policy and there would have to be sound and compelling reasons to warrant a departure from clear established policy. Development Control Committee (West) 1 4 December 2008 It is considered that the use of holiday accommodation as a residential dwelling, personal to the applicant, is contrary to the objectives of the Development Plan 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. The site is located in a remote rural area where there are few social and community facilities, and the occupants would be almost entirely dependant upon car journeys to access day to day facilities which are some distance from the accommodation. To permit such an application would not only be unsustainable but would be contrary to the objectives of the Development Plan. In accordance with Section 70 (2) of The Town and Country Planning Act 1990 and Government advice in the form of PPS 1: Delivering Sustainable Development it is required that decisions are made in accordance with the provisions of the Development Plan unless there are material considerations which suggest otherwise. Such considerations relate to the use and development of the land and should not relate to the personal circumstances of the applicant. Furthermore, it is considered that the Committee needs to take into account the impact that any decision to approve will have on existing and proposed applications for residential use in the Countryside policy area where it could be claimed there are personal circumstances to the applicant to justify proposals for residential use in the countryside. There are a large number of buildings in rural North Norfolk that could be converted to dwellings, including those that have already been converted to holiday accommodation where applications could be made to remove holiday conditions. Council records suggest that there are already approximately 650 rural buildings which are subject to some form of holiday occupancy condition. The potential loss of holiday accommodation could have a significant detrimental impact on tourism and local employment in the District. It is not therefore considered that the personal circumstances of the applicant are sufficient to justify a departure from policy to allow residential occupancy personal to the applicants. RECOMMENDATION OF THE DEVELOPMENT CONTROL COMMITTEE (WEST): Approval. RECOMMENDATION OF THE HEAD OF PLANNING AND BUILDING CONTROL: Refusal, on the grounds that the applicants have failed to demonstrate sufficient justification to allow for a personal permission to occupy the property as a residential dwelling in the countryside policy area where there is a general presumption against residential development. The proposal would 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. Therefore the proposal is considered to contrary to policies SS1, SS2, and SS3 of the adopted Core Strategy. Source: (Jo Medler , Extn 6128 - File Reference: 20081353) Development Control Committee (West) 2 4 December 2008 DEVELOPMENT CONTROL COMMITTEE (WEST) PUBLIC BUSINESS - ITEM FOR DECISION 2. SHERINGHAM – 20080836 – Demolition of bungalow and erection of three oneand-a-half-storey dwellings; 18 Hadley Road, Sheringham for Mr K Welch Re-consideration of an undetermined planning application for the demolition of a bungalow and the erection of three one-and-a-half-storey dwellings in the light of a strong objection from the Highway Authority and the inability to find an acceptable compromise regarding improvements to highway safety. The Committee will recall that the above application was considered at the meeting on 11 September 2008 (copy of report attached at Appendix 2) when it was resolved to give delegated authority to the Head of Planning and Building Control to approve the application, subject to the Highway Authority confirming that it did not have a strong objection to the proposal. The Highway Authority did confirm that it objected strongly to the proposal. See copy of response and original objection letter at Appendix 2. The application was referred back to Development Control Committee (West) on 9 October 2008 for re-consideration when it was resolved to give delegated authority to approve the application subject to further discussion with the Highway Authority regarding improving highway safety through the possible provision of a one-way system. Discussions have taken place between Officers, the Highway Authority and the applicant’s agent regarding possible highway safety improvements. Whilst initially focussing on a one-way system, with all traffic entering from Common Lane and exiting from The Rise, such a proposal was of significant concern to the Highway Authority given that this would still require and possibly intensify use of substandard junctions and would also have to be the subject of a Traffic Regulation Order (TRO). Given that Hadley Road is a private road, the Highway Authority would need to seek further legal advice regarding the implications of a TRO. In any event, given the lack of Highway Officer support for a one-way system in this instance and the complications that may ensue, there was resistance from the Highway Authority in pursuing this option any further. In an effort to seek a solution to the highway safety issues associated with the development, alternative possible highway improvement options have been considered, including building out the junction with Hadley Road and Common Lane, or using highways legislation to require owners of hedgerows either side of the junctions to prune back the hedges blocking visibility. Building out options have been ruled out owing to safety concerns whilst it has been concluded that hedgerow pruning would provide only a negligible improvement to visibility and splays would still remain well below the required standards. One further option still being considered is whether the applicant can purchase the necessary visibility splays and make improvements to overcome highway safety concerns by removing the hedges which block visibility. Officers are still awaiting a response from the applicant’s agent to this suggestion. Development Control Committee (West) 3 4 December 2008 The recommendation of the Head of Planning and Building Control is that, if the applicant cannot secure the necessary land to provide the necessary visibility improvements, permission be refused on highway safety grounds. If the Committee is minded to approve the development, notwithstanding this recommendation, it will be necessary for the matter to be referred to a Combined Committee meeting, preceded by a site inspection by Members and attended by a representative of the Highway Authority, since the proposal is considered to conflict significantly with Policy CT 5 of the Development Plan. RECOMMENDATION:- REFUSE, FOR THE FOLLOWING REASONS:1) The District Council adopted the North Norfolk Core Strategy incorporating Development Control policies on 24 September 2008. The following policies are considered relevant to the proposed development. Policy EN 4: Design Policy CT 5: The transport impact of new development The unadopted Hadley Road serving the site is considered to be inadequate to serve any additional development by reason of its substandard construction, lack of pedestrian facilities and primarily the restricted visibility available at the adjacent road junctions with The Rise and Common Lane (U10138 and U10137). The proposal, if permitted, would be likely to give rise to conditions detrimental to highway safety, in conflict with Core Strategy Policy CT 5. Furthermore it is considered that the proposed development would, by virtue of its inappropriate architectural style, location, scale and visual impact fail to harmonise with the townscape and general character of the area and thus fail to meet the requirements of Core Strategy Policy EN 4 in respect of the design and setting of development. Source: (Geoff Lyon, Extn 6226 – File Reference 20080836) PUBLIC BUSINESS – ITEMS FOR DECISION PLANNING APPLICATIONS Note :- Recommendations for approval include a standard time limit condition as Condition No.1, unless otherwise stated. 3. BLAKENEY - 20081400 - Erection of seven dwellings; land adjacent 1 Pyes Close for Corepost Ltd MINOR DEVELOPMENT - Target Date :15 Dec 2008 Case Officer :Miss T Lincoln (Outline Planning Permission) CONSTRAINTS Area of Outstanding Natural Beauty Countryside Policy Area Employment Areas Residential Area Boundaries for Reuse and Adaptation of Buildings in the Countryside Class 'A' Road within 60m Development Control Committee (West) 4 4 December 2008 RELEVANT PLANNING HISTORY 19861070 - (Outline Planning Permission) - Residential use Approved, 10 Oct 1986 19870246 - (Outline Planning Permission) - Four houses and amended extension to engineering works. Approved, 01 May 1987 19871461 - (Planning Permission; Reserved Matters) - Erection of four dwellings and garages Approved, 08 Oct 1987 19871850 - (Planning Permission; Reserved Matters) - Residential use (four houses) Approved, 17 Dec 1987 THE APPLICATION Is for the erection of seven dwellings comprising three three-bed market dwellings, two three-bed affordable dwellings and two two-bed affordable dwellings on the site to the rear of Pyes Close and Blakeney garage. Access only is for consideration at this stage. Two private access roads serve the site, one serving five dwellings in Pyes Close would serve an additional three dwellings and the other serving the former engineering works and 'The Saltings' which consists of four residential dwellings, would serve a further four dwellings. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Brettle having regard to the following planning issue: The level of development proposed and its potential local impact. PARISH COUNCIL Object on the following grounds: 1. Loss of industrial site, but would reconsider if the proposed affordable housing units were for local residents of Blakeney and surrounding parishes only. 2. Possibility of future flooding of the site. 3. Height of the market housing is too high. REPRESENTATIONS One letter of objection has been received. Summary of comments: 1. Potential overlooking of rear garden. 2. Inadequate width of private road currently serving The Saltings. 3. Increase in traffic at this busy junction. CONSULTATIONS County Council (Highways) - Awaiting comments. Environmental Health - Awaiting comments. Strategic Housing - Support. The application proposes three market dwellings and four affordable and therefore complies with Core Strategy Policy HO 2. Aware that the applicant is talking with at least one of our partner RSL's to take on the affordable housing. 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. Development Control Committee (West) 5 4 December 2008 CRIME AND DISORDER ACT 1998 - SECTION 17 The application raises no significant crime and disorder issues. POLICIES North Norfolk Core Strategy (Adopted September 2008) Policy SS 1: Spatial Strategy for North Norfolk (specifies the settlement hierarchy and distribution of development in the District). Policy SS 3: Housing (strategic approach to housing issues). Policy SS 5: Economy (strategic approach to economic issues). Policy HO 1: Dwelling mix and type (specifies type and mix of dwellings for new housing developments). Policy HO 2: Provision of affordable housing (specifies the requirements for provision of affordable housing and/or contributions towards provision). Policy HO 7: Making the most efficient use of land (Housing density) (Proposals should optimise housing density in a manner which protects or enhances the character of the area). Policy EN 1: Norfolk Coast Area of Outstanding Natural Beauty and The Broads (prevents developments which would be significantly detrimental to the areas and their setting). Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUES FOR CONSIDERATION 1. Principle of development on site/loss of employment land. 2. Mix of development/affordable housing. 3. Scale and layout of development. 4. Highway issues. APPRAISAL The site currently consists of garden area to 1 Pyes Close including a garage and other smaller outbuildings, and to the rear of the Blakeney garage, a steel and asbestos industrial building with associated storage and parking area. The majority of the site is located within the residential area of Blakeney within which the principle of erecting dwellings is acceptable subject to compliance with other relevant Core Strategy policies. Part of the site lies within land designated for employment use. Whilst the proposal does not strictly comply with Policy SS 2, which seeks to permit only employment-generating development proposals, it is considered that the proposal would not significantly compromise the main employment use on the site as there would be little potential for a separate employment use for this part of the site given its and limited size and location. As such, the loss of this small part of employment land is considered to have no detrimental impact on employment on this site or in Blakeney. However, in view of the close proximity of the proposed dwellings to Blakeney Garage, advice has been sought from Environmental Health regarding any potential for noise nuisance/disturbance and resultant implications for the existing business. Committee will be updated orally. Development Control Committee (West) 6 4 December 2008 The development would comply with Policy HO 1 of the Core Strategy regarding dwelling mix and type where at least two of the proposed dwellings are required to have no more than 70sq.m in floor area and have no more than two bedrooms. Conditions would be necessary to ensure that a reserved matters application reflected this requirement. In respect of affordable housing the applicant is proposing to provide four affordable units which would be in compliance with Policy HO 2. In respect of scale, whilst the Parish Council has raised concerns about the height of the proposed dwellings, neither scale nor layout is any longer for consideration at this stage. However, it is considered that seven dwellings can be accommodated on the site without detriment to the form and character of the area and without causing detriment to residential amenity. Proposed parking arrangements would meet the Council's parking standards of two spaces per dwelling and therefore comply with Policy CT 6 of the Core Strategy. At the time of writing, the County Council (Highways) comments were awaited. The Committee will be updated orally in this respect. Subject to satisfactory scale, design and use of appropriate materials, it is considered that the proposal would not be significantly detrimental to the special qualities of the Area of Outstanding Natural Beauty. It is considered that the proposal raises no significant issues in respect of the Blakeney Village Design Statement. RECOMMENDATION:Delegated authority to approve subject to no objection from the Highway Authority and Environmental Health and subject to the imposition of appropriate conditions. 4. FAKENHAM - 20081342 - Erection of sixteen flats; 107 -109 Holt Road for Fairstead Homes MAJOR DEVELOPMENT - Target Date :18 Dec 2008 Case Officer :Mr G Lyon (Planning Permission; Reserved Matters) CONSTRAINTS Residential Area Contaminated Land Buffer RELEVANT PLANNING HISTORY 20041808 - (Outline Planning Permission) - Demolition of two single-storey dwellings and erection of two three-storey blocks comprising of twelve flats Approved, 24 Dec 2004 20051170 - (Outline Planning Permission) - Demolition of single-storey dwellings and erection of sixteen flats Approved, 19 Sep 2005 20070949 - (Full Planning Permission) - Erection of two four-storey blocks to provide twenty flats Withdrawn, 15 Nov 2007 20071788 - (Full Planning Permission) - Erection of two four-storey blocks to provide eighteen flats Development Control Committee (West) 7 4 December 2008 THE APPLICATION Reserved matters relating to the appearance, landscaping and scale in respect of proposed residential development of sixteen flats on a site measuring approximately 13m in width and 80m in depth (0.1ha approximately). The dwellings would be built in two near-identical blocks, eight flats in each comprising overall 50% two-bed units and 50% one-bed units. Sixteen car parking spaces are proposed. Amended plans have been received changing the external appearance of the blocks into a scheme similar to the indicative drawings submitted with the earlier outline proposal. External materials would include brick, block, render, timber, zinc roofs and aluminium windows and doors. REASON FOR REFERRAL TO COMMITTEE Required by the Head of Planning and Building Control in view of the number of outstanding issues and consultation responses. TOWN COUNCIL Original plans - No objection. The major concern remains the lack of space for play provision for any children who may be resident in the flats. Amended Plans - Awaiting comments. CONSULTATIONS Building Control Manager - Original Plans - Do not meet fire access and turning requirements. Amended Plans - Awaiting comments. Conservation, Design and Landscape Manager (C and D) - Awaiting comments. County Council (Highways) - Awaiting comments. Environmental Health - Advisory note regarding contamination and 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 Core Strategy (Adopted September 2008): Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy EN 6: Sustainable construction and energy efficiency (specifies sustainability and energy efficiency requirements for new developments). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). Development Control Committee (West) 8 4 December 2008 MAIN ISSUES FOR CONSIDERATION 1. Design issues. 2. Impact on form and character of the area. 3. Impact on amenity. 4. Parking. APPRAISAL The site is located within the residential area of Fakenham and the principle of erecting sixteen flats on this site was established under application 20051170. In respect of scale, the buildings would be of four-storeys and have a maximum height above ground of approximately 11.4m. The outline scheme had indicated reducing the level of the existing site by approximately 1.14m giving a proposed height above ground of 9.87m. However, the practicalities and costs associated with reducing levels have prevented this as an option for the applicant. Whilst the buildings would be approximately 3m taller than a conventional pitched roof twostorey dwelling, given that that dominant structure within the immediate street-scene is a 27m high water tower to the west, it is not considered that the buildings would appear seriously out of scale or out of context in this location. In respect of appearance, adopted North Norfolk Core Strategy Policy EN 4 encourages high quality design that reinforces local distinctiveness. The site is situated outside the main 'traditional' heart of the Fakenham and it is considered that there is no discernable or locally distinctive overall architectural style that the applicant could draw from within or around the immediate locality of the site. Given the context of the site with the water tower and factory premises opposite, it is considered that a modern approach espoused by the applicant in the amended plans, puts forward a bold design encompassing a high level of environmental design considerations to reduce resource and energy consumption (See Appendix 3 for copy of Supporting Statement) This approach, subject to the imposition of appropriate conditions to ensure deliverability and the use of quality materials, would comply with the requirements of adopted North Norfolk Core Strategy Policies EN 4 and EN 6 and would be likely to enhance the form and character of the area. The closest existing residential property lies immediately to the north of the site on Greenways Lane and would be well in excess of 50m from the proposed flats. As such, it is not considered that there would be any significantly adverse impact on the amenity of residents of this property. To the west of the site is the former Anglian Water site where the Committee has resolved to approve the erection of twenty-four dwellings, a number of which may be sited adjacent the public footpath which splits the two sites. The Anglian Water site application (20071561) is an outline proposal and further consideration would need to be given at reserved matters stage in respect of relationship issues between adjacent properties. An agricultural machinery business is located to the east of the site, which is relatively open and undeveloped in character being mainly used to store equipment and machinery. As such, subject to appropriate siting and design of adjacent properties, it is not considered that the proposed buildings would give rise to any significantly adverse impacts on amenity. In respect of landscaping, relatively limited and low level planting is proposed on site. Subject to the imposition of appropriate conditions regarding planting types and hard surfacing details, there would be no objection with regard to landscaping. Development Control Committee (West) 9 4 December 2008 In respect of the Town Council's comments regarding lack of play space, Committee must take into account the fact that the principle has already been established for sixteen dwellings on this site including the layout and means of access. Notwithstanding any policy change following adoption of the North Norfolk Core Strategy it is considered that refusal based on a lack of amenity space could not be substantiated at this stage. In respect of parking provision, the layout and access arrangements which indicated the provision of sixteen parking spaces. The views of the Highway Authority are still awaited, primarily in respect of the visibility splays, and Committee will be updated. In summary, given the lack of discernible or locally distinctive architecture within the context of the site, it is considered that the proposed design would enhance the appearance of this part of the town. Subject to no new grounds of objection following re-advertisement and re-consultation in respect of amended plans and subject to the imposition of appropriate conditions, the amended proposal put forward by the applicant would comply with relevant Core Strategy policies. RECOMMENDATION:Delegated authority to the Head of Planning and Building Control to approve the application subject to no new grounds of objection following readvertisement and re-consultation in respect of amended plans and subject to the imposition of appropriate conditions. 5. LITTLE SNORING - 20081435 - Erection of shed/car port; Jex Farm Thursford Road for Mr Harvey Target Date :05 Dec 2008 Case Officer :Mr G Linder (Full Planning Permission) CONSTRAINTS Countryside Policy Area Listed Building Grade II THE APPLICATION Seeks the erection of a double car port with attached shed which together would have a total footprint of 57sq.m. The building would be of a timber framed construction, set on a brick plinth, clad with horizontal feather edged boarding under a hipped roof of reclaimed pantiles. The car port/shed would be sited immediately to the north east of Jex's farmhouse, a grade II listed building and adjacent to the access drive to the farmhouse off the Thursford Road. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Green having regard to the following planning issue: The relationship of the development with the listed building. PARISH COUNCIL Support the application. Development Control Committee (West) 10 4 December 2008 CONSULTATIONS Conservation, Design and Landscape Manager (C and D) - Object to the proposal on the grounds that the erection of a the car port/shed in the location proposed would have an adverse impact on the setting of the grade II listed farmhouse, both obscuring and impinging on views when approaching the property from the southeast along the entrance driveway. 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 Core Strategy (Adopted September 2008) Policy SS2: Development in the Countryside (prevents general development in the countryside with specific exceptions). 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). MAIN ISSUES FOR CONSIDERATION 1. Principle of development. 2. Effect on the setting of the grade II listed building. APPRAISAL The site is located in the countryside policy area where in principle the erection of a car port/shed within the curtilage of a dwellinghouse is considered acceptable subject to satisfactory compliance with Core Strategy Policies, EN 4 and EN 8. These require that development proposals should not have an adverse impact on the character of buildings of special historic or architectural interest and should be of a high quality and sensitive design. Jex's Farmhouse, which is linear in form, is a grade II listed building dating from the C17 with an attached single-storey range to the north which is listed for its group value. At the present time there is an extensive gravelled area to the front of the farmhouse which is used for car parking and turning and which, together with the pond and lawn, to the south east forms part of the setting of the group. The proposed car port/shed would be situated approximately 5m from the north eastern corner of the single storey range adjacent to the main driveway, with part of the existing car parking and turning area being retained to the front of the main farmhouse. The Conservation, Design and Landscape Manager has indicated that in the position proposed it is considered that when approaching the main farmhouse from the south east along the entrance driveway the car port/shed would obscure and impinge on views of the main house and also the associated outbuildings, to the overall detriment of the group. Development Control Committee (West) 11 4 December 2008 It is therefore considered that the proposal would have an adverse impact on the setting of character of the listed group as a whole and would fail to comply with Core Strategy Policies EN 4 and EN 8. 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 statements are considered relevant to the proposed development: Policy EN 4: Design Policy EN 8: Protecting and enhancing the historic environment The proposed car port/shed, due to its location, would have an adverse impact on the setting and character of the grade II listed building obscuring, impinging on views of the main house and associated outbuildings from the entrance driveway. The proposal is therefore contrary to adopted Development Plan Policies EN 4 and EN 8. 6. SHERINGHAM - 20081367 - Removal of conditions 7 and 8 of 20070288 to delete requirement for additional section of footpath; land at 1 Robertson Close for Sheringham Development Co Ltd MINOR DEVELOPMENT - Target Date :20 Nov 2008 Case Officer :Mr G Linder (Full Planning Permission) CONSTRAINTS Residential Area RELEVANT PLANNING HISTORY 19870105 - (Outline Planning Permission) - Erection of one single storey dwelling. Refused, 06 Mar 1987 20070288 - (Full Planning Permission) - Erection of single-storey dwelling and garage Approved, 11 Jul 2007 THE APPLICATION Seeks the removal of Conditions 7 and 8 of planning permission 20070288 which requires the provision of a section of off-site footway to link the existing sections of footway on Robertson Close and Beeston Road. REASON FOR REFERRAL TO COMMITTEE At the request of Councillor Hannah having regard to the following planning issue: Highway safety considerations. TOWN COUNCIL Object on the grounds of highway safety, the footpath should remain for pedestrians entering and existing onto a busy thoroughfare. CONSULTATIONS County Council (Highways) - No objection. Development Control Committee (West) 12 4 December 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 Core Strategy (Adopted September 2008) Policy EN 4: Design (specifies criteria that proposals should have regard to, including the North Norfolk Design Guide and sustainable construction). Policy CT 5: The transport impact of new development (specifies criteria to ensure reduction of need to travel and promotion of sustainable forms of transport). Policy CT 6: Parking provision (requires compliance with the Council's car parking standards other than in exceptional circumstances). MAIN ISSUE FOR CONSIDERATION Highway safety. APPRAISAL Planning permission was granted in July 2007 for the erection of a single storey dwelling on part of the garden area of No. 1 Roberson Close, which is situated immediately to the south of the Beeston Road railway bridge. At the request of the Highway Authority the original applicant agreed to provide a footpath across the frontage of the site some 12m in length from Robertson Close terminating at the foot of the railway embankment and bridge to the north. However following discussions with the Highway Authority, the current owners of the site are seeking the removal of Condition 7 and 8, which required the additional section of footpath. Whilst the provision of an additional section of footway would provide a refuge for pedestrians, those wishing to pass under the bridge would have to step off the footway to see if traffic was coming from the north along Beeston Road. At least at the present time from the existing refuge in Robertson Close there are longer views under the bridge which allow pedestrians to anticipate oncoming vehicles. In view of the fact that the Highway Authority has raised no objection to the omission of the footway it is considered that there are no substantive highway safety reasons to justify a refusal. It is therefore considered that the proposal would accord with Development Plan policy. RECOMMENDATION:- APPROVE Development Control Committee (West) 13 4 December 2008 7. APPLICATIONS APPROVED UNDER DELEGATED POWERS BEESTON REGIS - 20081327 - Erection of side conservatory; 23 Regis Avenue for Mr M Jolley (Full Planning Permission) BINHAM - 20081368 - Erection of two-storey extension (amended design to include additional window and rooflight; 5 The Green for Mr C Clarkson (Full Planning Permission) BINHAM - 20081398 - Erection of single-storey extension to provide annexe; 6 Hindringham Road for Mr Heeps (Full Planning Permission) BLAKENEY - 20080864 - Erection of one and a half storey detached dwelling and garage; 39 Morston Road for Martin King Construction (Full Planning Permission) BLAKENEY - 20081347 - Internal alterations to sub-divide shop and install toilet; 5 The Granary High Street for Burrows Holt Ltd (Alteration to Listed Building) BLAKENEY - 20081389 - Erection of first floor studio above garage (revised design with increased height); South Granary 9 The Quay for Richard Curtis (Full Planning Permission) BLAKENEY - 20081401 - Construction of internal wall to provide store; White Horse Hotel 4 High Street for Hi Brow Leisure (Alteration to Listed Building) BRISTON - 20081287 - Installation of two replacement windows; Roper Farm Saxthorpe Road for Trustees of The Knole Estate (Alteration to Listed Building) BRISTON - 20081359 - Erection of shed; 64 Church Street for Mrs R Klass (Full Planning Permission) BRISTON - 20081392 - Demolition of garage and erection of front extension; The Grange Hall Street for Ms K Darley (Full Planning Permission) BRISTON - 20081407 - Erection of front conservatory; 3 Grange Close for Mr and Mrs Robinson (Full Planning Permission) DUNTON - 20081302 - Erection of rear conservatory; Clifton Cottage Swaffham Road Toftrees for Mr A Friedel (Full Planning Permission) EAST AND WEST BECKHAM - 20081360 - Erection of two-storey extension, single-storey extension, conversion of outbuildings to ancillary residential use and formation of access and driveway; East Beckham Hall Church Road West Beckham for Mr R Batt (Full Planning Permission) Development Control Committee (West) 14 4 December 2008 EAST AND WEST BECKHAM - 20081361 - Internal and external alterations, erection of two-storey and single-storey extensions and re-furbishment of outbuildings; East Beckham Hall Church Road West Beckham for Mr R Batt (Alteration to Listed Building) FAKENHAM - 20080904 - Erection of 4 semi-detached dwellings; 25 Nelson Road for Nelson Grove Development Ltd (Planning Permission; Reserved Matters) FAKENHAM - 20081404 - Erection of rear conservatory; 3 Elizabeth Avenue for Mr R Howlett (Full Planning Permission) FAKENHAM - 20081059 - Change of use from A1 (retail) to A2 (financial and professional services); 4 Newmans Yard Norwich Street for Miss H Wright (Full Planning Permission) FAKENHAM - 20081349 - Display of internally illuminated totem sign; Lidl Foodstore Holt Road for Lidl UK Gmbh (Illuminated Advertisement) FAKENHAM - 20081394 - Erection of storage building; plot 1c Wymans Way for Gorton Builders Ltd (Full Planning Permission) FIELD DALLING - 20081393 - Erection of two-storey rear extension; Stonechat Cottage 6 Field Dalling Road Saxlingham for Mr and Mrs A Taylor (Full Planning Permission) GRESHAM - 20081311 - Erection of front conservatory; Broom House Sustead Road Lower Gresham for Mr D Knowles (Full Planning Permission) HOLKHAM - 20081519 - Internal alterations to facilitate conversion to holiday accommodation; Holkham Estate Holkham Park Wells-Next-The-Sea for Holkham Estate (Alteration to Listed Building) HOLT - 20080924 - Erection of ten industrial units; site at Glaven Road for Bullen Investments (Full Planning Permission) HOLT - 20081031 - Demolition of garage and erection of single-storey and twostorey extensions and creation of new access; East Lodge 64 Grove Lane for Mr P Dinsdale (Full Planning Permission) HOLT - 20081292 - Variation of condition two of 20080623 to permit revised windows to side elevation and porch design; 76 Grove Lane for Novus Homes (Norfolk) Ltd (Full Planning Permission) HOLT - 20081296 - Erection of single-storey front extension and replacement single-storey rear extension; 43 Cromer Road for Mrs Cooke (Full Planning Permission) Development Control Committee (West) 15 4 December 2008 HOLT - 20081304 - Erection of single-storey front extension (revised design); 11 Town Close for Mr and Mrs Starling (Full Planning Permission) HOLT - 20081344 - Erection of two-storey dwelling; land at Orchard Piece, plot 6 Kelling Road for Character Homes Ltd (Planning Permission; Reserved Matters) HOLT - 20081345 - Erection of two-storey dwelling and detached double garage; land at Orchard Piece, plot 7 Kelling Road for Character Homes Ltd (Planning Permission; Reserved Matters) HOLT - 20081352 - Demolition of outbuilding and erection of single storey extension; 30 Cromer Road for Mr and Mrs Hunt (Full Planning Permission) HOLT - 20081355 - Display of non-illuminated tile sculptures; 1 Cross Street for Norfolk Country Cottages (Non-illuminated Advertisement) HOLT - 20081356 - Installation of sculpture panels; 1 Cross Street for Norfolk Country Cottages (Alteration to Listed Building) HOLT - 20081408 - Erection of rear conservatory; 8 Cley Road for Mr Olby (Full Planning Permission) KELLING - 20081040 - Use of redundant mobile accommodation; 55 Bulls Close for Mrs J Jickells (Full Planning Permission) home as holiday KELLING - 20081299 - Raising of rear roof slopes and erection of walk in bay window and replacement garage; The Inn House The Street for Mr and Mrs Livingston (Full Planning Permission) LANGHAM - 20081396 - Internal alterations, installation of French doors new windows to chapel and demolition and re- building of garden walls; Langham Lodge Cockthorpe Road for Mr J Blackwell (Alteration to Listed Building) LANGHAM - 20081412 - Erection of garden wall; Langham Lodge Cockthorpe Road for Mr J Blackwall (Full Planning Permission) MATLASKE - 20081391 - Removal of ground floor internal walls, replacement of kitchen floor and installation of replacement windows; Town Barningham Rectory Rectory Road for Mr and Mrs Parker (Alteration to Listed Building) MELTON CONSTABLE - 20081289 - Conversion of barns to four dwellings; Burgh Hall Barns Holt Road for Mr and Mrs Jones (Full Planning Permission) Development Control Committee (West) 16 4 December 2008 MELTON CONSTABLE - 20081290 - Alterations to barns to facilitate conversion to residential dwellings; Burgh Hall Barns Holt Road for Mr and Mrs Jones (Alteration to Listed Building) SALTHOUSE - 20080598 - Change of use of barns to four residential dwellings; Manor Farm Cross Street for Mrs K A Gray, A L High and A G Gray (Full Planning Permission) SCULTHORPE - 20081343 - Erection of wind turbine (revised siting); Home Farm Creake Road Cranmer for Mr and Mrs J P Johnson (Full Planning Permission) SHERINGHAM - 20081205 - Erection of first floor rear extension; 31-33 Cromer Road for Mr M Johnson (Full Planning Permission) SHERINGHAM - 20081259 - Erection of first floor extension for use as residential annexe (renewal of planning permission 20051663); 10 St Peters Road for Mr and Mrs G McDougall (Full Planning Permission) SHERINGHAM - 20081336 - Change of use from office/dance studio to residential; 1a North Street for Mrs Ryder (Full Planning Permission) STIFFKEY - 20081346 - Removal of outbuildings and erection of two- storey extension; Bull Cottage 8 Wells Road for Mr Crocker (Full Planning Permission) STIFFKEY - 20081444 - Installation of three dormer windows (revised design); Stiffkey Old Hall Church Street for Dr and Mr Bell (Full Planning Permission) SWANTON NOVERS - 20081397 - Erection of two-storey building to provide games room, study and storage; Woodside House St Giles Road for Mr G May (Full Planning Permission) THORNAGE - 20081282 - Construction of lay-by; land adjacent B1110 The Street for Anglian Water Services Limited (Full Planning Permission) WELLS-NEXT-THE-SEA - 20081305 - Use of land for siting demountable building for storage/mussel purification; land at East End for Mr Frary (Full Planning Permission) WELLS-NEXT-THE-SEA - 20081324 - Erection of extension; R N L I Lifeboat House Beach Road for Royal National Lifeboat Institution (Full Planning Permission) WEYBOURNE - 20081314 - Erection of single-storey rear extension; Old Orchard House The Street for Mrs J Brown (Full Planning Permission) Development Control Committee (West) 17 4 December 2008 WEYBOURNE - 20081328 - Alterations to cart shed to provide garaging and form office; Abbey Farm The Street for Priory Holdings Ltd (Alteration to Listed Building) WEYBOURNE - 20081354 - Alterations to cart shed to provide garaging and farm office; Abbey Farm The Street for Priory Holdings Ltd (Full Planning Permission) 8. APPLICATIONS REFUSED UNDER DELEGATED POWERS HOLT - 20081315 - Conversion of dormitories to self-c0ntained flats; Old School House Church Street for Gresham's School (Full Planning Permission) HOLT - 20081316 - Alterations and installation of UPVC windows; Old School House Church Street for Gresham's School (Alteration to Listed Building) LANGHAM - 20081272 - Change of use from C2 (convent) to single dwellinghouse; Carmel of Our Lady of Walsingham Cockthorpe Road for Mr J Blackwell (Full Planning Permission) WARHAM - 20081276 - Erection two-storey dwelling; 79 The Street for Holkham Estate (Full Planning Permission) WARHAM - 20081310 - Erection of two dwellings; adjacent The Reading Room The Street for Holkham Estate (Full Planning Permission) WELLS-NEXT-THE-SEA - 20061288 - Erection of first floor rear extension and conversion of roofspace to two residential units; Premises rear of The Old Mill Maryland for Mr and Mrs Ward (Full Planning Permission) APPEALS SECTION 9. NEW APPEALS SALTHOUSE - 20080401 - Erection of single-storey earth-sheltered dwelling; land at Purdy Street for Mr B Williams WRITTEN REPRESENTATIONS SHERINGHAM - 20071180 - Erection of twenty-two flats; Central Garage 49 High Street for Mr N J Wright WRITTEN REPRESENTATIONS Development Control Committee (West) 18 4 December 2008 10. PUBLIC INQUIRIES AND INFORMAL HEARINGS - PROGRESS BRISTON - 20071468 - Retention of storage shed; Emery Wood Craymere Road for Ms P Rowan INFORMAL HEARING 19 Nov 2008 WOOD NORTON - 20071379 - Erection of single-storey dwelling; The Old Fire Station Foulsham Airfield Foulsham Road for Thomas and Money Haulage INFORMAL HEARING 11. WRITTEN REPRESENTATIONS APPEALS - PROGRESS BODHAM - 01/013/DEV6/05/003 - Stationing of caravans a boat and depositing other materials on agricultural land; Windrush Farm Hart Lane for Mr D Gay and Ms J A Allen SITE VISIT :- 09 Dec 2008 FAKENHAM - 20080273 - Erection of two-storey dwelling and detached double garage; land adjacent 10 Sandy Lane Fakenham for Ponyspeed Builders Limited 12. APPEAL DECISIONS BODHAM - 01/013/DEV6/06/001 - Change of use of agricultural land for the siting of caravan s for residential purposes.; land off Hart Lane for Mr R Drake APPEAL DECISION :- DISMISSED BODHAM - 20071223 - Change of use of agricultural land to site for one static caravan and one touring caravan and the provision of one transit pitch; land off Hart Lane for Mr R Drake APPEAL DECISION :- DISMISSED HIGH KELLING - 20070983 - Erection of single-storey dwelling; Cherry Garth Cromer Road for Mr P M Plummer APPEAL DECISION :- DISMISSED Development Control Committee (West) 19 4 December 2008